[Federal Register: November 28, 2005 (Volume 70, Number 227)]
[Rules and Regulations]
[Page 71233-71236]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28no05-5]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2003-15471; Airspace Docket No. 03-AWA-6]
RIN 2120-AA66
Modification of the Minneapolis Class B Airspace Area; MN
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action modifies the current Minneapolis, MN, Class B
airspace area to contain large turbine-powered aircraft during
operations to the new Runway 17/35 and to address an increase in
aircraft operations to and from the Minneapolis-St. Paul International
(Wold-Chamberlain) Airport (MSP). The FAA is taking this action to
enhance safety and improve the management of aircraft operations in the
Minneapolis terminal area. Further, this action supports the FAA's
national airspace redesign goal of optimizing terminal and en route
airspace areas to reduce aircraft delays and improve system capacity.
DATES: Effective Date: 0901 UTC, February 16, 2006.
FOR FURTHER INFORMATION CONTACT: Steve Rohring, Airspace and Rules,
Office of System Operations Airspace and AIM, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone: (202) 267-8783.
SUPPLEMENTARY INFORMATION:
Background
On November 24, 2003, the FAA published in the Federal Register a
notice of proposed rulemaking (NPRM) to modify the Minneapolis Class B
airspace area (68 FR 65859). The FAA proposed the action due to a
significant growth in aircraft operations and the construction of a new
runway (Runway 17/35) to accommodate the growth. The proposed
modifications were designed to contain large turbine-powered aircraft
within the MSP Class B airspace area and included expanding the lateral
dimensions of the existing MSP Class B airspace area as well as
increasing the vertical limits from 8,000 feet above mean sea level
(MSL) to 10,000 feet MSL.
Subsequent to the issuance of the NPRM, the FAA's further analysis
of airspace requirements revealed that additional airspace (beyond and
below that airspace proposed in the NPRM) will be needed to contain
large turbine'powered aircraft conducting approaches to the new Runway
35 within the MSP Class B airspace area. To provide the public an
opportunity to comment on the additional required airspace, the FAA
issued a supplemental notice of proposed rulemaking (SNPRM) that
included a new area F (70 FR 43803). Area F reflects the additional
airspace that the FAA determined will be needed, as well as changes
suggested by the Air Line Pilots Association, International (ALPA) and
the National Business Aviation Association, Inc. (NBAA) in response to
the NPRM (see ``Discussion of Comment'' below).
Discussion of Comments
In response to the NPRM, the FAA received three comments.
The Aircraft Owners and Pilots Association (AOPA) expressed a
concern that the dimensions of the MSP Class B airspace area should
conform to the unique needs of users rather than conform to a national
standard. They also expressed a concern that raising the vertical
limits from 8,000 feet MSL to 10,000 feet MSL would ``pose a serious
operational limitation to pilots wishing to over fly'' the MSP Class B
airspace area. AOPA also expressed a desire for charted visual flight
rules (VFR) flyways in the MSP terminal area.
The FAA has determined that some aircraft may have to fly farther
or at lower or higher altitudes to remain clear of the modified MSP
Class B airspace area; however, this is necessary to separate them from
large turbine-powered aircraft arriving and departing MSP. The
management of aircraft operations to the new runway will require
several new arrival vector areas between the altitudes of 7,000 feet
and 10,000 feet MSL over the MSP terminal area. Specifically, aircraft
that currently proceed directly to MSP and then enter an east/west
downwind pattern will be vectored to a downwind pattern via northbound
and southbound paths located to the east and west of MSP. This change
in traffic flow is needed to accommodate three arrival streams rather
than the current practice of using two arrival streams. As a result of
these new procedures, approximately 900 high-performance aircraft will
be vectored to join arrival streams as far as 30 nautical miles (NM)
from MSP between the altitudes of 7,000 and 10,000 feet MSL on a daily
basis.
In response to AOPA's comment pertaining to VFR flyways, the FAA
agrees that charted VFR flyways could minimize the impact on aircraft
that choose to circumnavigate the MSP Class B airspace area. However,
because VFR flyways are not addressed in a Class B rulemaking action,
the FAA plans to develop and institute VFR flyways for the MSP terminal
area through a separate, non-rulemaking process.
ALPA and the NBAA expressed concern that the ``southeast cut-out''
of the proposed Area E would result in aircraft not being contained in
Class B airspace when operating on the extended final approach course
to the new Runway 35. They suggest reducing the size of the cut-out by
changing the western boundary of the proposed cut-out from the Gopher
170 radial to the Gopher 160 radial. The FAA agrees with this comment
and has adopted the suggested modification.
The FAA received the following comments in response to the SNPRM:
AOPA again expressed a concern that raising the vertical limits of
the MSP Class B airspace area from 8,000 feet MSL to 10,000 feet MSL
would ``pose a serious operational limitation to those pilots wishing
to over fly'' the MSP Class B airspace area and reiterated their desire
for charted VFR flyways. They also mentioned that the ad hoc committee
recommendations did not fully address their concerns. The FAA's
response to AOPA's comments remains as stated previously in this
document.
The FAA also received comments from two pilots in response to the
SNPRM. They commented that they practice aerobatic maneuvers at and
below 8,000 feet MSL approximately 15 NM west of the Flying Cloud
Airport (between the cities of Belle Plaine and Cologne). They request
that the FAA exclude the area that they practice in from the MSP Class
B airspace area. While the FAA acknowledges that aerobatic operations
in the area may be impacted, the FAA is not able to accommodate this
request because the area between Belle Plaine and Cologne
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lies within the vector area for aircraft arriving MSP via a standard
terminal arrival route from the southwest. Aircraft using this arrival
route will operate as low as 7,000 feet MSL over the area between Belle
Plaine and Cologne (approximately 25 to 28 NM west-southwest of MSP).
The coordinates for this airspace docket are based on North
American Datum 83. Class B airspace areas are published in paragraph
3000 of FAA Order 7400.9N, Airspace Designations and Reporting Points,
dated September 1, 2005, and effective September 15, 2005, which is
incorporated by reference in 14 CFR 71.1. The Class B airspace area
listed in this document would be published subsequently in the order.
The Rule
This action amends Title 14 Code of Federal Regulations (14 CFR)
part 71 by modifying the MSP Class B airspace area. Specifically, this
action (depicted on the attached chart) expands the upper limits of
Areas A, B, C, and D from 8,000 feet MSL to and including 10,000 feet
MSL; expands the lateral limits of Area D to the northwest and
southeast of MSP; adds an Area E within 30 NM of the I-MSP DME
(excluding areas to the north and south of MSP); and adds an area F to
the south of MSP.
The FAA is taking this action to provide protection for the
increased operations at MSP including operations to the new Runway 17/
35. Additionally, this action enhances safety, improves the management
of aircraft operations in the MSP terminal area, and supports the FAA's
national airspace redesign goal of optimizing terminal and en route
airspace areas to reduce aircraft delays and improve system capacity.
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 requires agencies to analyze the
economic effect of regulatory changes on small businesses and other
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
final rule: (1) Will generate benefits that justify its
circumnavigation costs and is not a ``significant regulatory action''
as defined in the Executive Order; (2) is not significant as defined in
the Department of Transportation's Regulatory Policies and Procedures;
(3) will not have a significant impact on a substantial number of small
entities; (4) will not constitute a barrier to international trade; and
(5) will not contain any Federal intergovernmental or private sector
mandate. These analyses are summarized here in the preamble, and the
full Regulatory Evaluation is in the docket.
This final rule will modify the Minneapolis, MN, Class B airspace
area. The final rule will reconfigure the sub-area lateral boundaries,
and raise the altitude ceiling in certain segments of the airspace.
The final rule will generate benefits for system users and the FAA
in the form of enhanced operational efficiency and simplified
navigation in the MSP terminal area. These modifications will impose
some circumnavigation costs on operators of non-compliant aircraft
operating in the area around MSP. However, the cost of circumnavigation
is considered to be small. Thus, the FAA has determined this final rule
will 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 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 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 (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.
This final rule may impose some circumnavigation costs on
individuals operating in the Minneapolis terminal area, but the final
rule will not impose any costs on small business entities. Operators of
general aviation aircraft are not considered small business entities.
As such, they are not included when performing a regulatory flexibility
analysis. Flight schools are considered small business entities.
However, the FAA assumes that they provide instruction in aircraft
equipped to navigate in Class B airspace given they currently provide
instruction in the Minneapolis terminal area. Therefore, these small
entities should not incur any additional costs as a result of the final
rule. Accordingly, pursuant to the Regulatory Flexibility Act, 5 U.S.C.
605(b), the Federal Aviation Administration certifies this rule will
not have a significant economic impact on a substantial number of small
entities.
International Trade Impact Assessment
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 (U.S.).
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.
The final rule will only have a domestic impact and will not affect
trade opportunities for U.S. firms doing business overseas or for
foreign firms doing business in the U.S.
Unfunded Mandates Assessment
The Unfunded Mandate Reform Act of 1995 (the Act) 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 mandate in a proposed or final agency rule
that may result in an expenditure of $100 million or more (adjusted
annually for inflation) in any one year by State, local, and tribal
governments, in the aggregate, or by the private sector. The FAA
currently uses an inflation-adjusted value of $120.7 million in lieu of
$100 million.
This final rule does not contain such a mandate. The requirements
of Title II do not apply.
[[Page 71235]]
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, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE 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 the FAA Order
7400.9N, Airspace Designations and Reporting Points, dated September 1,
2005, and effective September 15, 2005, is amended as follows:
Paragraph 3000--Class B Airspace.
* * * * *
AGL MN B Minneapolis, MN [Revised]
Minneapolis-St. Paul International (Wold-Chamberlain) Airport
(Primary Airport)
(Lat. 44[deg]53'00'' N., long. 93[deg]13'01'' W.)
Gopher VORTAC
(Lat. 45[deg]08'45'' N., long. 93[deg]22'24'' W.)
Flying Cloud VOR/DME
(Lat. 44[deg]49'33'' N., long. 93[deg]27'24'' W.)
Minneapolis-St. Paul International (Wold-Chamberlain) Airport DME
Antenna (I-MSP DME)
(Lat. 44[deg]52'28'' N., long. 93[deg]12'24'' W.)
Boundaries
Area A. That airspace extending upward from the surface to and
including 10,000 feet MSL within a 6-mile radius of the I-MSP DME.
Area B. That airspace extending from 2,300 feet MSL to and
including 10,000 feet MSL within an 8.5-mile radius of the I-MSP
DME, excluding Area A previously described.
Area C. That airspace extending from 3,000 feet MSL to and
including 10,000 feet MSL within a 12-mile radius of the I-MSP DME,
excluding Area A and Area B previously described.
Area D. That airspace extending from 4,000 feet MSL to and
including 10,000 feet MSL within a 20-mile radius of the I-MSP DME
and including that airspace within a 30-mile radius from the Flying
Cloud 295[deg] radial clockwise to the Gopher 295[deg] radial and
from the Gopher 115[deg] radial clockwise to the Flying Cloud
115[deg] radial, excluding Area A, Area B, and Area C previously
described.
Area E. That airspace extending from 7,000 feet MSL to and
including 10,000 feet MSL within a 30-mile radius of the I-MSP DME
from the Gopher 295[deg] radial clockwise to the Gopher 352[deg]
radial, and from the Gopher 085[deg] radial clockwise to the Gopher
115[deg] radial, and from the Flying Cloud 115[deg] radial clockwise
to the Gopher 160[deg] radial, and from the Gopher 170[deg] radial
clockwise to the Flying Cloud 295[deg] radial excluding that
airspace between a 25-mile radius and a 30-mile radius of the I-MSP
DME from the Flying Cloud 115[deg] radial clockwise to the Gopher
160[deg] radial, and excluding Area A, Area B, Area C, and Area D
previously described.
Area F. That airspace extending from 6,000 feet MSL to and
including 10,000 feet MSL within a 30-mile radius of the I-MSP DME
from the Gopher 160[deg] radial clockwise to the Gopher 170[deg]
radial, excluding Area A, Area B, Area C, and Area D previously
described.
* * * * *
Issued in Washington, DC, on November 16, 2005.
Edith V. Parish,
Manager, Airspace and Rules.
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