[Federal Register: December 31, 2002 (Volume 67, Number 251)]
[Proposed Rule]
[Page 80315-80318]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31de02-41]
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Part IV
Department of Transportation
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Federal Aviation Administration
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14 CFR Parts 91 and 93
Special Flight Rules in the Vicinity of Los Angeles International
Airport; Proposed Rule
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 91 and 93
[Docket No. FAA-2002-14149; Notice No. 02-21]
RIN 2120-AH92
Special Flight Rules in the Vicinity of Los Angeles International
Airport
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: In this action the FAA proposes to revise and codify Special
Federal Aviation Regulation (SFAR) No. 51-1, Special Flight Rules in
the Vicinity of the Los Angeles International Airport. This action
proposes to change the northern boundary of the Los Angeles Special
Flight Rules Area (SFRA), established by SFAR No. 51-1, to align the
area with the Los Angeles Class B airspace area revisions adopted in
1997. Also, this action would revise the description of the SFRA
airspace to make the requirement to operate at fixed altitudes clearer.
The FAA is proposing this action to reduce the potential for climb/
descent conflicts, to ensure compatibility with current traffic flows,
and to increase overall system efficiency and safety.
DATES: Send your comments to reach us on or before February 14, 2003.
ADDRESSES: Address your comments to the Docket Management System, U.S.
Department of Transportation, Room Plaza 401, 400 Seventh Street, SW.,
Washington, DC 20590-0001. You must identify the docket number at the
beginning of your comments, and you should submit two copies of your
comments. If you wish to receive confirmation that FAA received your
comments, include a self-addressed, stamped postcard.
You may also submit comments through the Internet at http://dms.dot.gov.
You may review the public docket containing comments about
this proposed regulation in the Dockets Office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The Dockets
Office is on the plaza level of the Nassif Building at the Department
of Transportation at the above address. Also, you may review public
dockets through the Internet at http://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: Ken McElroy, Airspace and Rules
Division, ATA-400, Office of Air Traffic Airspace Management, Federal
Aviation Administration, 800 Independence Avenue SW., Washington, DC
20591; telephone (202) 267-8783.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. We also
invite comments relating to the economic, environmental, energy, or
federalism impacts that might result from adopting the proposals in
this document. The most helpful comments refer to a specific portion of
the proposal, explain the reason for any recommended change, and
include supporting data. We ask that you send us two copies of written
comments.
We will file in the docket all comments we receive, as well as a
report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. The docket is available for public
inspection before and after the comment closing date. If you wish to
review the docket in person, go to the address in the ADDRESSES section
of this preamble between 9 am and 5 pm, Monday through Friday, except
Federal holidays. You may also review the docket using the Internet at
the Web address in the ADDRESSES section.
Before acting on this proposal, we will consider all substantive
and material comments received on, or before, the closing date for
comments. We will consider comments filed late, to the extent
practicable. We may change this proposal in light of the comments we
receive.
If you want the FAA to acknowledge receipt of your comments on this
proposal, include a pre-addressed, stamped postcard on which the docket
number appears. We will stamp the date on the postcard and mail it to
you.
Availability of Rulemaking Documents
You can get an electronic copy using the Internet by:
(1) Searching the Department of Transportation's electronic Docket
Management System (DMS) Web page http://dms.dot.gov/search;
(2) Visiting the Office of Rulemaking's Web page at http://www.faa.gov/avr/armhome.htm
; or
(3) Accessing the Government Printing Office's Web page at http://www.access.gpo.gov/su_docs/aces/aces140.html
.
You can also get a copy by submitting a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW., Washington, DC 20591, or by calling (202) 267-9680. Make
sure to identify the docket number, notice number, or amendment number
of this rulemaking.
Background
The FAA issued SFAR No. 51-1 in February, 1988, to provide Visual
Flight Rule (VFR) pilots with a safe and direct north/south route
through the Los Angeles (LAX) Terminal Control Area (TCA), now known as
the Los Angeles Class B area (53 FR 3812, February 9, 1988).
Specifically, SFAR No. 51-1 allows certain aircraft operating under VFR
to fly through the Special Flight Rules Area (SFRA) without contacting
air traffic control personnel provided that specific conditions are
met. The conditions include equipment, use of lights, maximum indicated
airspeed and operations at fixed altitudes.
In 1993, the FAA reclassified airspace terminology and replaced the
term TCA with Class B Airspace Area (56 FR 242, December 17, 1991). In
1997, the FAA modified the Los Angeles B airspace area, but did not re-
describe the SFAR No. 51-1 airspace in conjunction with the changes (61
FR 66902, December 19, 1996).
Discussion of the Proposal
The FAA proposes to add subpart G to part 93 of title 14 of the
Code of Federal Regulations to revise, and codify, the airspace
designated as the Los Angeles (LAX) SFRA and the special flight
procedures for that area. Codifying these special flight rules in
subpart G of part 93 of title 14 of the Code of Federal Regulations
requires an amendment to remove SFAR No. 51-1. The FAA proposes to
remove SFAR No. 51-1 from part 91 of title 14 of the Code of Federal
Regulations to accomplish that end.
Also, the FAA proposes to change the northern boundary of the LAX
SFRA to align it with the 1997 Class B revisions as discussed above.
Further, the FAA proposes to revise the language in the current SFAR
No. 51-1 by removing the words ``inclusive'' and ``between'' from the
airspace description in section 1 of the SFAR.
Section 2 of SFAR No. 51-1 now requires certain aircraft to operate
at fixed altitudes in the LAX SFRA. The FAA's 2001 biennial study of
LAX Class B operations concluded that the regulatory description of the
special flight rules area could be misunderstood by pilots to imply
that they could climb or descend while in the area because it uses the
words ``inclusive'' and ``between'' when describing the boundaries of
the LAX SFRA. That was not the intent of the SFAR. This proposal would
remove ``inclusive'' and
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``between'' from the airspace description to make the requirement to
operate at fixed altitudes clearer.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that the FAA consider the impact of paperwork and other information
collection burdens imposed on the public. The FAA has determined that
there are no current new information collection requirements associated
with this proposed rule.
International Compatibility
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to comply with
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA has
determined that there are no ICAO Standards and Recommended Practices
that correspond to these proposed regulations.
Executive Order 12866 and DOT Regulatory Policies and Procedures
Executive Order 12866, Regulatory Planning and Review, directs the
FAA to assess both the costs and benefits of a regulatory change. We
are not allowed to propose or adopt a regulation unless we make a
reasoned determination that the benefits of the intended regulation
justify the costs. Our assessment of this rulemaking indicates that its
economic impact is minimal. Because the costs and benefits of this
action do not make it a ``significant regulatory action'' as defined in
the Order, we have not prepared a ``regulatory evaluation,'' which is
the written cost/benefit analysis ordinarily required for all
rulemaking under the DOT Regulatory Policies and Procedures. We do not
need to do a full evaluation where the economic impact of a rule is
minimal.
Economic Evaluation
Proposed changes to Federal regulations must undergo several
economic analyses. First, Executive Order 12866, Regulatory Planning
and Review, directs that each Federal agency propose or adopt a
regulation only upon a reasoned determination that the benefits of the
intended regulation justify its costs. Second, the Regulatory
Flexibility Act of 1980 requires agencies to analyze the economic
impact of regulatory changes on small entities. Third, the Trade
Agreements Act (19 U.S.C. 2531-2533) prohibits agencies from setting
standards that create unnecessary obstacles to the foreign commerce of
the United States. In developing U.S. standards, this Trade Act also
requires agencies to consider international standards and, where
appropriate, use them as the basis of U.S. standards. Fourth, the
Unfunded Mandates Reform Act of 1995 (Public Law 104-4) requires
agencies to prepare a written assessment of the costs, benefits, and
other effects of proposed or final rules that include a Federal mandate
likely to result in the expenditure by State, local, or tribal
governments, in the aggregate, or by private sector, of $100 million or
more annually (adjusted for inflation).
For regulations with an expected minimal impact, the above-
specified analyses are not required. The Department of Transportation
Order DOT 2100.5 prescribes policies and procedures for simplification,
analysis, and review of regulations. If it is determined that the
expected impact is so minimal that the regulation does not warrant a
full evaluation, a statement to that effect and the basis for it is
included in proposed regulation.
This NPRM would codify current flight restrictions for aircraft
operating under VFR in the vicinity of Los Angeles International
Airport, California. This action also proposes to revise the boundary
of the LAX SFRA to align with Los Angeles Class B airspace area
revisions adopted in 1997, and revise the description of airspace area
to clarify the fixed altitudes for aircraft operating in the SFRA and
reduce the potential climb/descent conflicts.
The FAA has determined that the proposed rule would result in no
incremental costs to persons operating under VFR in the LAX Class B
airspace area. This assessment is based on the fact that this NPRM
revises and codifies existing special flight rules. These rules are
already applicable to flight operations in the LAX Area. The proposed
rule would align the LAX SFRA boundaries with the LAX Class B airspace
area and would insure that climb/descent conflicts are eliminated in
the SFRA. Therefore, the FAA has determined that this proposed rule
would be cost-beneficial.
Initial Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (RFA) establishes ``as a
principle of regulatory issuance that agencies shall endeavor,
consistent with the objective of the rule and of applicable statutes,
to fit regulatory and informational requirements to the scale of the
business, organizations, and governmental jurisdictions subject to
regulation.'' To achieve that principle, the Act requires agencies to
solicit and consider flexible regulatory proposals and to explain the
rationale for their actions. The Act covers a wide range of small
entities, including small businesses, not-for-profit organizations and
small governmental jurisdictions.
Agencies must perform a review to determine whether a proposed or
final rule will have a significant economic impact on a substantial
number of small entities. If the determination is that it will, the
agency must prepare a regulatory flexibility analysis as described in
the Act.
If an agency determines that a proposed or final rule is not
expected to have a significant economic impact on a substantial number
of small entities, section 605(b) of the 1980 act provides that the
head of the agency may so certify and a regulatory flexibility analysis
is not required. The certification must include a statement providing
the factual basis for this determination, and the reasoning should be
clear.
In view of the no cost impact of the rule, the FAA has determined
that this proposed rule would not have a significant economic impact on
a substantial number of small entities. Consequently, the FAA certifies
that the rule would not have a significant economic impact on a
substantial number of small entities. The FAA solicits comments
concerning this finding.
International Trade Impact Analysis
The Trade Agreement Act of 1979 prohibits Federal agencies from
engaging in any standards or related activities that create unnecessary
obstacles to the foreign commerce of the United States. Legitimate
domestic objectives, such as safety, are not considered unnecessary
obstacles. The statute also requires consideration of international
standards and where appropriate, that they be the basis for U.S.
standards.
In accordance with the above statute, the FAA has assessed the
potential effect of this proposed rule and has determined that it would
have only a domestic impact and therefore create no obstacles to the
foreign commerce of the United States.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (the Act), enacted as
Public Law 104-4 on March 22, 1995, is intended, among other things, to
curb the practice of imposing unfunded Federal mandates on State,
local, and tribal governments. Title II of the Act requires each
Federal agency to prepare a written statement assessing the effects of
any Federal
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mandate in a proposed or final agency rule that may result in a $100
million or more expenditure (adjusted annually for inflation) in any
one year by State, local, and tribal governments, in the aggregate, or
by the private sector; such a mandate is deemed to be a ``significant
regulatory action.''
This proposed rule does not contain such a mandate. Therefore, the
requirements of Title II of the Act do not apply.
Executive Order 13132, Federalism
The FAA has analyzed this NPRM under the principles and criteria of
Executive Order 13132, Federalism. We have determined that this action
will not have a substantial direct effect on the States, or the
relationship between the national Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. Therefore, we have determined that this final rule does not
have federalism implications.
Environmental Analysis
FAA Order 1050.1 defines FAA actions that may be categorically
excluded from preparation of a National Environmental Policy Act (NEPA)
environmental impact statement. In accordance with FAA Order 1050.1,
this rulemaking action qualifies for a categorical exclusion.
Energy Impact
We have assessed the energy impact of this NPRM in accord with the
Energy Policy and Conservation Act (EPCA), Public Law 94-163, as
amended (42 U.S.C. 6362), and FAA Order 1053.1. We have determined that
this NPRM is not a major regulatory action under the provisions of the
EPCA.
List of Subjects
14 CFR Part 91
Afghanistan, Agriculture, Air traffic control, Aircraft, Airmen,
Airports, Aviation safety, Canada, Cuba, Ethiopia, Freight, Mexico,
Noise control, Political candidates, Reporting and recordkeeping
requirements, Yugoslavia.
14 CFR Part 93
Air traffic control, Airspace, Alaska, Navigation (air), Puerto
Rico.
The Proposed Amendment
In consideration of the foregoing, the Federal Aviation
Administration proposes to amend parts 91 and 93 of title 14 of the
Code of Federal Regulations as follows:
PART 91--GENERAL OPERATING AND FLIGHT RULES
1.The authority citation for part 91 continues to read as follows:
Authority: 49 U.S.C. 106(g), 1155, 40103, 40113, 40120, 44101,
44111, 44701, 44709, 44711, 44712, 44715, 44716, 44717, 44722,
46306, 46315, 46316, 46504, 46506-46507, 47122, 47508, 47528-47531,
articles 12 and 29 of the Convention on International Civil Aviation
(61 stat. 1180).
Special Federal Aviation Regulation No. 51-1
2. Remove SFAR No. 51-1.
PART 93--SPECIAL AIR TRAFFIC RULES AND AIRPORT TRAFFIC PATTERNS
3. The authority citation for part 93 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40103, 40106, 40109, 40113, 44502,
44514, 44701, 44719, 46301.
4. Add subpart G to part 93 to read as follows:
Subpart G--Special Flight Rules in the Vicinity of Los Angeles
International Airport
Sec.
93.91 Applicability.
93.93 Description of area.
93.95 General operating procedures.
93.97 Operations in the SFRA.
Sec. 93.91 Applicability.
This subpart prescribes special air traffic rules for aircraft
conducting VFR operations in the vicinity of Los Angeles International
Airport, California.
Sec. 93.93 Description of area.
The Los Angeles Special Flight Rules Area is designated as that
part of Area A of the Los Angeles Class B airspace area at 3,500 feet
above mean sea level (MSL) and at 4,500 feet MSL, beginning at Ballona
Creek/Pacific Ocean (lat. 33[deg]57'42'' N, long. 118[deg]27'23'' W),
then eastbound along Manchester Blvd. to the intersection of
Manchester/405 Freeway (lat. 33[deg]57'42'' N, long.118[deg]22'10'' W),
then southbound along the 405 Freeway to the intersection of the 405
Freeway/Imperial Highway (lat. 33[deg]55'51'' N, long 118[deg]
22'06'W), then westbound along Imperial Highway to the intersection of
Imperial Highway/Pacific Ocean (lat. 33[deg]55'51'' N, long.
118[deg]26'05'' W), then northbound along the shoreline to the point of
beginning.
Sec. 93.95 General operating procedures.
Unless otherwise authorized by the Administrator, no person may
operate an aircraft in the airspace described in Sec. 93.93 unless the
operation is conducted in accordance with the following procedures:
(a) The flight must be conducted under VFR and only when operation
may be conducted in compliance with Sec. 91.155(a) of this chapter.
(b) The aircraft must be equipped as specified in Sec. 91.215(b)
of this chapter replying on code 1201 prior to entering and while
operating in this area.
(c) The pilot shall have a current Los Angeles Terminal Area Chart
in the aircraft.
(d) The pilot shall operate on the Santa Monica very high frequency
omni-directional radio range (VOR) 132[deg] radial.
(e) Operations in a southeasterly direction shall be in level
flight at 3,500 feet MSL.
(f) Operations in a northwesterly direction shall be in level
flight at 4,500 feet MSL.
(g) Indicated airspeed shall not exceed 140 knots.
(h) Anti-collision lights and aircraft position/navigation lights
shall be on. Use of landing lights is recommended.
(i) Turbojet aircraft are prohibited from VFR operations in this
area.
Sec. 93.97 Operations in the SFRA.
Notwithstanding the provisions of Sec. 91.131(a) of this chapter,
an air traffic control authorization is not required in the Los Angeles
Special Flight Rules Area for operations in compliance with Sec.
93.95. All other provisions of Sec. 91.131 of this chapter apply to
operations in the Los Angeles Special Flight Rules Area.
Issued in Washington, DC, on December 23, 2002.
Nancy B. Kalinowski,
Acting Program Director, Air Traffic Airspace Management.
[FR Doc. 02-32939 Filed 12-30-02; 8:45 am]
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