[Federal Register: May 13, 2003 (Volume 68, Number 92)]
[Rules and Regulations]
[Page 25489-25491]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13my03-7]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2002-13514; Airspace Docket No. 02-AWA-4]
RIN 2120-AA66
Establishment of Class C Airspace and Revocation of Class D
Airspace, Fayetteville (Springdale), Northwest Arkansas Regional
Airport; AR
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action establishes a Class C airspace area and revokes
the existing Class D airspace area at the Northwest Arkansas Regional
Airport (XNA), Fayetteville (Springdale), AR. The FAA is taking this
action due to the increase in aircraft operations at XNA and the
potential for a midair collision between aircraft arriving and
departing XNA and other aircraft operating close to the
[[Page 25490]]
existing Class D airspace area. The establishment of this Class C
airspace area requires pilots to establish and maintain two-way radio
communications with air traffic control (ATC) when operating in the
Class C airspace area, and operate with an altitude encoding
transponder while in and above the Class C airspace area. This action
promotes the efficient use of airspace and reduces the risk of midair
collision in the northwest Arkansas terminal area.
EFFECTIVE DATE: 0901 UTC, July 10, 2003.
FOR FURTHER INFORMATION CONTACT: Steve Rohring, 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:
Background
On January 27, 2003, the FAA proposed (68 FR 3837) to establish a
Class C airspace area and revoke the existing Class D airspace area at
XNA. The FAA proposed this action due to an increase in aircraft
operations at XNA and a study indicating an increased potential for a
midair collision in the XNA terminal area. With the current Class D
airspace area, aircraft operating in the Northwest Arkansas terminal
area may fly as close as 4.4 nautical miles from XNA without
communicating with ATC. These aircraft are frequently operating at
altitudes that may conflict with aircraft arriving or departing XNA.
Establishing a Class C airspace area will reduce the potential for
midair collisions and increase the level of safety in the Northwest
Arkansas terminal area by requiring aircraft to establish and maintain
2-way radio communication with ATC when operating in the proposed Class
C airspace area, and to operate with an altitude encoding transponder
when in and above the proposed area. The study also identified the need
for improved communications in the XNA terminal area. In response to
that need, the FAA has taken action to install a remote transmitter and
receiver (RTR) that will enable pilots to contact ATC prior to entering
terminal airspace.
Discussion of Comment
In response to the notice of proposed rulemaking, the FAA received
one comment. The Aircraft Owner's and Pilots Association did not oppose
the proposed establishment of a Class C airspace area provided an RTR
is installed to improve the ability of pilots to communicate with ATC
prior to entering the Class C airspace area. The FAA agrees that an RTR
is needed and as stated above, has taken action to acquire and install
an RTR that is scheduled to be operational on or before the effective
date of this airspace action (barring any reduction of funding).
The Rule
This amendment to part 71 of the Federal Aviation Regulations (14
CFR part 71) establishes a Class C airspace area and revokes the
existing Class D airspace area at XNA. The FAA is taking this action
due to an increase in aircraft operations and an increased potential
for a midair collision in the Northwest Arkansas terminal area.
Establishing this Class C airspace area will require pilots to maintain
two-way radio communications with ATC when operating in the Class C
airspace area and to operate with an altitude encoding transponder
while in or above the Class C airspace. Additionally, this Class C
airspace area will promote the safe and efficient use of airspace, and
reduce the risk of a midair collision in the Northwest Arkansas
terminal area.
The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this proposed action: (1) Is not a ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this proposed rule, when promulgated, will not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.
The coordinates for this airspace docket are based on North
American Datum 83. Class C airspace designations are published in
paragraph 4000 of FAA Order 7400.9K, dated August 30, 2002, and
effective September 16, 2002, which is incorporated by reference in 14
CFR 71.1. The Class C airspace designation listed in this document
would be published subsequently in the order.
Regulatory Evaluation Summary
Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 directs that each Federal agency
shall 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 effect of regulatory changes on small entities. Third, the
Office of Management and Budget directs agencies to assess the effect
of regulatory changes on international trade. In conducting these
analyses, the FAA has determined that this proposed rule is not ``a
significant regulatory action'' as defined in the Executive Order and
the Department of Transportation Regulatory Policies and Procedures.
This final rule will not have a significant impact on a substantial
number of small entities, will not constitute a barrier to
international trade, and does not contain any Federal intergovernmental
or private sector mandate. These analyses, available in the docket, are
summarized below.
The final rule will revoke the Class D airspace area currently
surrounding the Northwest Arkansas Regional Airport and will establish
a Class C airspace area there. The FAA will incur costs of
approximately $500 in order to send a ``Letter To Airmen'' to pilots
within a 50-mile radius of the Northwest Arkansas Regional Airport
informing them of the airspace change. The FAA will not incur any other
costs for air traffic control staffing, training, or equipment. Changes
to sectional charts will occur during the chart cycle and will cause no
additional costs beyond the normal update of the charts. Any public
meeting and safety seminar will not result in costs to the aviation
community because they will occur regardless of whether or not this
rule becomes final. Aircraft owners and operators will incur minimal
equipment costs to operate in the Class C airspace area. Most of the
air traffic comes from a mix of air taxi and commuter aircraft. These
aircraft should already have the necessary equipment to transition
Class C airspace area.
The FAA contends that establishing the Class C airspace area
surrounding the Northwest Arkansas Regional Airport will increase the
level of safety for the operations that occur at the airport.
Therefore, the FAA has determined the final rule to be cost-beneficial.
Final Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 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
[[Page 25491]]
business, organizations, and governmental jurisdictions subject to
regulation.'' To achieve that principal, the Act requires agencies to
solicit and consider flexible regulatory proposals and to explain the
rational 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 (RFA) as
described in the Act.
However, 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 an RFA is not required. The
certification must include a statement providing the factual basis for
this determination, and the reasoning should be clear.
Most commercial and most general aviation (GA) operators who
presently use the Northwest Arkansas Airport should be currently
equipped to use the Class C airspace area. Though it is currently
surrounded by Class D airspace, most of its air traffic comes from air
taxi and commuter aircraft. These aircraft already have the necessary
equipment to transition Class C airspace area. Those GA operators who
currently transit the Northwest Arkansas terminal area without Mode C
transponders can circumnavigate the Northwest Arkansas Class C airspace
area at negligible cost, without significantly deviating from their
regular flight paths. Accordingly, pursuant to the Regulatory
Flexibility Act, 5 U.S.C. 605(b), the Federal Aviation Administration
has determined that this final rule will not have a significant
economic impact on a substantial number of small entities.
International Trade Impact Assessment
This final rule is a domestic airspace rulemaking and will not
constitute a barrier to international trade, including the export of
U.S. goods and services to foreign countries or the import of foreign
goods and services into the United States.
Unfunded Mandates Assessment
Title II of the Unfunded Mandates Reform Act of 1995 (the Act),
enacted as Public Law 104-4 on March 22, 1995, requires each Federal
agency, to the extent permitted by law, to prepare a written assessment
of the effects of any Federal mandate in a proposed or final agency
rule that may result in the expenditure of $100 million or more (when
adjusted annually for inflation) in any one year by State, local, and
tribal governments in the aggregate, or by the private sector. Section
204(a) of the Act, 2 U.S.C. 1534(a), requires the Federal agency to
develop an effective process to permit timely input by elected officers
(or their designees) of State, local, and tribal governments on a
proposed ``significant intergovernmental mandate.'' A ``significant
intergovernmental mandate'' under the Act is any provision in a Federal
agency regulation that would impose an enforceable duty upon State,
local, and tribal governments in the aggregate of $100 million
(adjusted annually for inflation) in any one year. Section 203 of the
Act, 2 U.S.C. 1533, which supplements section 204(a), provides that,
before establishing any regulatory requirements that might
significantly or uniquely affect small governments, the agency shall
have developed a plan, which, among other things, must provide for
notice to potentially affected small governments, if any, and for a
meaningful and timely opportunity for those small governments to
provide input in the development of regulatory proposals.
This final rule does not contain any Federal intergovernmental or
private sector mandates. Therefore, the requirements of Title II of the
Unfunded Mandates Reform Act of 1995 do not apply.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
The Amendment
0
In consideration of the foregoing, the Federal Aviation Administration
amends 14 CFR part 71 as follows:
PART 71--DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND
CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS
0
1. The authority citation for part 71 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.
Sec. 71.1 [Amended]
0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9K,
Airspace Designations and Reporting Points, dated August 30, 2002, and
effective September 16, 2002, is amended as follows:
Paragraph 4000--Subpart C--Class C Airspace
* * * * *
ASW AR C Northwest Arkansas Regional Airport, AR [New]
Northwest Arkansas Regional Airport, AR
(Lat. 36[deg]16'55'' N., long. 94[deg]18'25'' W.)
That airspace extending upward from the surface to and including
5,300 feet MSL within a 5-mile radius of the Northwest Arkansas
Regional Airport, excluding that airspace east of a line from lat.
36[deg]21'06'' N., long. 94[deg]15'03'' W.; to lat. 36[deg]15'30''
N., long. 94[deg]12'28'' W.; and that airspace extending upward from
2,500 feet MSL to and including 5,300 feet MSL within a 10-mile
radius of the Northwest Arkansas Regional Airport excluding that
airspace east of a line from lat. 36[deg]26'53'' N., long.
94[deg]17'42'' W.; to lat. 36[deg]09'43'' N., long. 94[deg]09'49''
W.; and that airspace extending upward from 2,900 feet MSL to and
including 5,300 feet MSL within a 10-mile radius of the Northwest
Arkansas Regional Airport beginning at lat. 36[deg]26'53'' N., long.
94[deg]17'42'' W.; thence clockwise on the 10-mile radius of the
airport to lat. 36[deg]09'43'' N., long. 94[deg]09'49'' W.; thence
to the point of beginning. This Class C airspace area is effective
during the specific dates and times established in advance by a
Notice to Airmen. The effective date and time will thereafter be
continuously published in the Airport/Facility Directory.
* * * * *
Paragraph 5000--Subpart D--Class D Airspace
* * * * *
ASW AR D Fayettville (Springdale), Northwest Arkansas Regional Airport,
AR [Removed]
* * * * *
Issued in Washington, DC, on May 5, 2003.
Reginald C. Matthews,
Manager, Airspace and Rules Division.
[FR Doc. 03-11920 Filed 5-12-03; 8:45 am]
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