[Federal Register Volume 75, Number 41 (Wednesday, March 3, 2010)]
[Proposed Rules]
[Pages 9538-9544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4377]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No Docket No. FAA-2010-0049; Airspace Docket No. 08-AWA-1]
RIN 2120-AA66
Proposed Modification of Class B Airspace; Charlotte, NC
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This action proposes to modify the Charlotte, NC, Class B
airspace area to ensure the containment of aircraft, accommodate the
implementation of area navigation (RNAV) departure procedures, and to
support operations of the third parallel runway planned for
commissioning in early 2010. The FAA is proposing this action to
improve the flow of air traffic, enhance safety, and reduce the
potential for midair collision in the Charlotte terminal area.
DATES: Comments must be received on or before May 3, 2010.
ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, M-30, 1200 New Jersey Avenue, SE.,
West Building Ground Floor, RoomW12-140, Washington, DC 20590-0001;
telephone: (202) 366-9826. You must identify FAA Docket No. FAA-2010-
0049 and Airspace Docket No. 08-AWA-1, at the beginning of your
comments. You may also submit comments through the Internet at http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace and Rules
Group, Office of System Operations Airspace and AIM, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone: (202) 267-8783.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers (FAA Docket No.
FAA-2010-0049 and Airspace Docket No. 08-AWA-1) and be submitted in
triplicate to the Docket Management Facility (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at http://www.regulations.gov.
Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Nos. FAA-2010-0049 and Airspace Docket No.08-AWA-1.'' The
postcard will be date/time stamped and returned to the commenter.
All communications received on or before the specified closing date
for comments will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the closing date
for comments. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.
Availability of NPRM's
An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.faa.gov/regulations_policies/rulemaking/recently_published/.
You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. An
informal docket may also be examined during normal business hours at
the office of the Eastern Service Center, Federal Aviation
Administration, Room 210, 1701 Columbia Ave., College Park, GA 30337.
Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking, (202) 267-9677,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed
[[Page 9539]]
Rulemaking Distribution System, which describes the application
procedure.
Background
In 1989, the FAA issued a final rule which established the
Charlotte, NC, Terminal Control Area (TCA) to replace the Charlotte
Airport Radar Service Area (ARSA) (54 FR 32604). As a result of the
Airspace Reclassification Final Rule (56 FR 65638), which became
effective in 1993, the terms ``terminal control area'' and ``airport
radar service area'' were replaced by ``Class B airspace area,'' and
``Class C airspace area,'' respectively. The primary purpose of a Class
B airspace area is to reduce the potential for midair collisions in the
airspace surrounding airports with high density air traffic operations
by providing an area in which all aircraft are subject to certain
operating rules and equipment requirements.
The Charlotte Class B airspace area was last modified in 1995 (60
FR 26594). Only minor changes were made at that time. Since that
modification, the Charlotte/Douglas International Airport (CLT) has
experienced significant growth in operations. For calendar year 2008,
CLT was ranked number 8 in the list of the ``50 Busiest FAA Airport
Traffic Control Towers'' and number 14 in the list of the ``50 Busiest
Radar Approach Control Facilities.'' Calendar year 2008 passenger
enplanement data list Charlotte as number 13 among Commercial Service
Airports. Enplanements at CLT in 2008 grew just over four percent
compared to calendar year 2007 figures.
Several factors point to a need to modify the Charlotte Class B
airspace area. Experience has shown that, with the current Class B
airspace configuration, aircraft routinely enter, exit, and then
reenter Class B while flying published instrument approach procedures,
contrary to FAA directives. Modeling of projected traffic flows shows
that future traffic also would not be fully contained within the
existing Class B airspace structure. In addition, expanded Class B
airspace will be needed to accommodate operations of a third parallel
runway (36L/18R) now under construction and planned for commissioning
in early 2010. The proposed Class B airspace modifications described in
this NPRM are intended to address these issues.
Pre-NPRM Public Input
In February 2008, an ad hoc committee was formed to develop
recommendations for the FAA to consider in designing a proposed
modification of the Charlotte/Douglas International Airport Class B
airspace area. The ad hoc committee membership consisted of
representatives from the North Carolina Department of Transportation,
Division of Aviation; South Carolina Department of Commerce, Division
of Aeronautics; Aircraft Owners and Pilots Association (AOPA); and
representatives of the following airports: Concord Regional, NC (JQF);
Lincolnton-Lincoln County Regional, NC (IPJ); Monroe Regional, NC
(EQY); Wilgrove Airpark, NC (8A6): Chester-Catawba Regional, SC (DCM);
Lancaster County-McWhirter Field, SC (LKR); and Rock Hill (York County)
Airport-Bryant Field, SC (UZA).
On October 7, 2008, a meeting was held in Charlotte to discuss
parachute operations at Chester-Catawba Regional Airport (DCM).
Attending the meeting were representatives of the FAA, the ad hoc
committee, South Carolina Department of Transportation, and Skydive
Carolina.
As announced in the Federal Register (73 FR 63407), informal
airspace meetings were held on January 7, 2009, at the Concord Regional
Airport, Concord, NC; and on January 8, 2009, at the Rock Hill (York
County) Airport-Bryant Field, Rock Hill, SC. The purpose of the
meetings was to provide interested airspace users an opportunity to
present their views and offer suggestions regarding planned
modifications to the Charlotte Class B airspace area.
Discussion of Recommendations and Comments
Ad hoc Committee Recommendations
The ad hoc committee recommended that the radius of the Class B
1,800 foot floor area (Area B) be kept at 11 nautical miles (NM) from
the point where it intersects I-77 clockwise around to the cutout for
Gastonia Airport instead of the proposed expansion to a full 14 NM
radius. The FAA adopted this recommendation. The expansion of Area B to
a 14 NM radius will be limited to an area north of CLT from a point
where the 14 NM arc intersects Highway 321 then clockwise to intersect
the Charlotte VOR/DME 029[deg] (M) radial. Three ad hoc committee
recommendations were not adopted. These recommendations were: (1) A
cutout over the Chester-Catawba Regional Airport (DCM); (2) a cutout
over the Lancaster County-McWhirter Field (LKR); and (3) that the floor
of Class B airspace over Lincolnton-Lincoln County Regional Airport
(IPJ) be raised from the current 4,600 feet to 6,000 feet. The request
for a cut-out over DCM was not adopted because a large number of
turbine powered aircraft arriving at CLT via the UNARM ONE and ADENA
TWO Standard Terminal Arrival Routes (STAR) overfly DCM enroute to the
runways 36L and 36R final approach courses. This path makes up the base
leg when CLT is on a north operation. The request for a cutout over LKR
was not adopted because the base leg for arrivals from the southeast on
the CHESTERFIELD THREE or HUSTN ONE STARs overflies LKR. Arriving
aircraft in this area need to be descended to 4,000 feet in order to be
vertically separated from aircraft approaching the final approach
course from the west at 5,000 feet. Since the proposed Class B floor
over LKR is 4,000 feet, aircraft will still be able to transition into
and out of LKR without entering Class B airspace if they so desire. The
recommendation to raise the floor of Class B airspace over Lincolnton-
Lincoln County Regional Airport (IPJ) from the current 4,600 feet to
6,000 feet was also not adopted. Initially, the FAA considered lowering
the floor of Class B airspace in that area from 4,600 feet to 3,600
feet. However, after further review, it was determined that lowering
the floor from 4,600 feet to 4,000 feet (instead of 3,600 feet) would
be sufficient to protect aircraft that are transitioning from the west
to runway 18L at the initial approach fix altitude of 4,000 feet mean
sea level (MSL).
Informal Airspace Meeting Comments
Comment: The cutout surrounding the Gastonia Municipal Airport
(AKH) should be changed from a ``C'' shape to a more open shape. This
would help prevent pilots from ``clipping'' the edges of the cutout
when operating to or from AKH.
Response: The FAA agrees and proposes a modified cutout. Opening
the width of the cutout should reduce the chances of inadvertent Class
B incursions.
Comment: The ``new'' Highway 321 should be used as the source for
the north-south boundary that lies west of AKH. The new Highway 321 is
easier to distinguish from the air.
Response: The FAA agrees and will use ``new'' Highway 321 to define
the boundary as suggested.
Comment: The diagonal line that originates west of AKH and extends
southwesterly should be adjusted to follow the power lines depicted on
the Charlotte Terminal Area Chart that roughly coincide with the line.
This will give pilots a good visual reference to use.
Response: Adjusting the line to coincide with the power lines will
still contain runway 5 traffic within Class B
[[Page 9540]]
airspace, therefore, the FAA concurs with this comment.
Comment: The short line in the north-northwest section of the
proposed Class B airspace (north of Lincolnton-Lincoln County Regional
Airport) should be extended to the proposed outer limit of the Class B
airspace area to simplify the airspace for pilots.
Response: The FAA is unable to adopt this suggestion. The proposed
line terminates prior to the Class B outer limit due to the Charlotte
ATCT/Atlanta Center airspace boundary. At the altitudes involved,
extending the line as suggested would place part of the Class B area in
Atlanta Center's airspace.
Comment: The slides shown during the [informal airspace meeting]
presentation did not show aircraft overflying the Lancaster County, SC
airport. Therefore, the proposed design should not include the airspace
over that airport.
Response: Under current procedures, it is uncommon for arriving
traffic to overfly the Lancaster Airport. However, once the new runway
is operational at CLT, the Instrument Landing System (ILS) initial
approach fixes for all runways will be located further from CLT in
order to accommodate the 8,000 foot turn on altitude for runway 36C/
18C. Therefore, it is anticipated that traffic will overfly the
Lancaster Airport at 8,000 feet enroute to runway 36C. Additionally,
traffic assigned to runway 36R will be descended to 4,000 feet, and
will have to be vectored over the Lancaster Airport to join the runway
36R final approach course. As a result, the floor of the Class B
airspace in this area is proposed to be established at 4,000 feet. In
addition, modeling of anticipated aircraft operations indicate that the
area between the 25 mile and 30 mile rings of the proposed Class B
airspace may be needed for vectoring and sequencing traffic assigned
both runways 36C and 36R. During certain operations, particularly the
north triple ILS operation, aircraft would overfly the Lancaster
Airport while enroute to CLT. For those reasons, the FAA did not adopt
this suggestion.
Comment: The floor of the proposed Class B airspace at the northern
boundary should be set at 6,000 feet instead of 4,000 feet. The concern
is that lowering the floor to 4,000 feet in this area would negatively
impact IFR operations at the Statesville Regional Airport, NC (SVH).
Response: The floor was proposed at 4,000 feet in this area because
the initial approach altitude for traffic assigned runway 18L from both
the west and the east is 4,000 feet. IFR operations at SVH are not
affected by the Class B airspace boundaries. SVH IFR operations are and
will remain under the jurisdiction of Atlanta Center. The airport will
not be placed within or under the Class B airspace area by the proposed
modifications. The distance between SVH and the proposed outer limit of
the Class B airspace will decrease, however, from 9.1 miles to 4.4
miles which will allow room for VFR operations at the airport as well.
Therefore, the FAA did not concur with this comment.
Comment: AOPA suggested that arrival routes be modified to allow
aircraft to remain at a higher altitude and descend at a constant rate;
that arrival routes be redesigned to avoid areas that would impact
aviation businesses that rely on airspace availability; and that the
FAA should modify procedures so that aircraft do not enter, exit, and
then reenter the class B airspace. Additionally, AOPA said that the FAA
should reduce the ceiling of the Charlotte Class B airspace from 10,000
feet to 8,500 feet.
Response: Modifying arrival routes to allow arriving aircraft to
remain at higher altitudes and descend at a constant rate would create
a confliction with other traffic. Specifically, arriving aircraft must
be descended so that departures can be climbed above this traffic. If
arriving aircraft are not descended as they are now, then departures
would have to be held down below 10,000 feet for an extended period of
time. This creates conflictions between departure aircraft and arrival
aircraft and does not allow departures to vertically exit the ceiling
of class B airspace. The Standard Terminal Arrival Routes (STARs) at
Charlotte have been in place for over 20 years. The design of these
routes is based on other airport locations, airspace design, and
traffic flows in the entire southeastern U.S. Changing these routes
would have a major impact on arrival routes (and departure and
overflight routes) to and from the Atlanta Airport, as well as other
airports in the southeast. The proposed Class B modifications are
intended, in part, to reduce the potential for IFR aircraft to enter,
exit and then reenter the Charlotte Class B airspace area. Modifying
facility procedures to keep aircraft within the current class B
airspace boundaries would create bottlenecks and ``choke points'' and
would reduce arrival capacity. Extensive vectoring would also be
required, leading to increased controller workload, increased flying
mileage, and added frequency congestion. The FAA is not aware of data
that supports lowering the Charlotte Class B airspace ceiling to 8,500
feet.
Comment: Skydive Carolina expressed concerns about the impact that
the proposed expansion of Class B airspace to overlie the Chester-
Catawba Regional airport (DCM) might have on its parachute jump
activities, safety and on the future growth and expansion of its
operations at DCM. Skydive Carolina also expressed concern that the
heavy traffic projected in the future would increase the probability of
``go arounds'' wherein the jump aircraft is instructed by ATC to
withhold jumpers due to traffic, fly beyond the drop point and then
restart the pattern to let jumpers out. Skydive Carolina indicated that
this maneuver would result in greater fuel consumption, more airframe
time on the aircraft and longer time at jump altitude (i.e., 13,500
feet MSL) for jumpers that are not equipped with supplemental oxygen.
Response: Although DCM now lies outside the boundary of Class B
airspace, arrivals currently overfly DCM when CLT is on a north
operation. Modeling of various traffic scenarios indicates that this
situation will continue to exist after the third parallel runway is
opened. Designing a ``cutout'' to exclude the area around DCM from the
Class B airspace would require controllers to employ extensive
vectoring to avoid the airspace over DCM. This would lead to increased
controller workload, frequency congestion and decreased system
efficiency. Regarding the concerns about ``go arounds,'' even though
Skydive Carolina does not currently operate in Class B airspace, there
are still instances in which pilots are instructed to withhold the
release of jumpers due to traffic. It is anticipated that these
instances would not significantly increase if the skydive area is
placed within Class B airspace. The FAA believes that the inclusion of
the area above DCM in Class B airspace can be mitigated and parachute
operations can be accommodated through a Letter of Agreement (LOA)
between Charlotte Airport Traffic Control Tower and Skydive Carolina.
LOAs have been used successfully to accommodate parachute activities at
other Class B airspace locations.
The Proposal
The FAA is proposing an amendment to Title 14, Code of Federal
Regulations (14 CFR) part 71 to modify the Charlotte, NC Class B
airspace area. This action (depicted on the attached chart) proposes to
expand the lateral and vertical limits of the Charlotte Class B
airspace area to provide the additional airspace needed to support
operations of a third parallel runway and the
[[Page 9541]]
implementation of RNAV departure procedures; contain ILS approach
procedures for runways 23, 18L, 18C (formerly 18R but redesignated
November 20, 2008) and the new runway (18R); and contain aircraft being
vectored to a base leg from the west when CLT is on a north operation.
The proposed revisions to the Charlotte Class B airspace area are
discussed below.
Except for Area A, which extends upward from the surface to and
including 10,000 feet MSL within a 7 NM radius of the CLT VOR/DME, the
proposed descriptions of all other subareas that make up the Charlotte
Class B airspace area would be reconfigured, redescribed and realigned
by geographic position in relation to the airport rather than the
current practice of combining all areas that share a common altitude
floor into one large, complex subarea description. The current
Charlotte Class B airspace area consists of six subareas (A through F)
while the proposed configuration would consist of 11 subareas (A
through K).
Based on modeling of future traffic flows, there is a need to
expand the lateral limits of Class B airspace to the north and south of
CLT from the current 25 NM arc out to the 30 NM arc, and to set the
floor of Class B airspace in those sections at 4,000 feet MSL. The
extensions to 30 NM are required to provide adequate vectoring areas
for controllers to vector arrivals to the appropriate final approach
course. A 4,000 foot MSL floor is needed out to the 30 NM arc to
provide sufficient airspace to separate aircraft assigned to different
runways and to comply with simultaneous ILS procedures. Additionally, a
review of radar data has revealed that, when CLT is on a north
operation, a significant number of aircraft inbound from the southwest
on either the UNARM ONE or ADENA TWO standard terminal arrival routes
exit and reenter Class B airspace between the existing 6,000 foot MSL
Class B airspace floor and the 4,600 foot MSL floor to the south-
southwest of CLT. Lowering the Class B airspace floor to 4,000 feet MSL
in that area will prevent these excursions.
Another problem exists with aircraft established on the ILS
approaches to runways 18L and 18C dropping below the floor of Class B
airspace north of the airport with the existing Class B airspace
configuration. These excursions occur prior to the point where the
floor of Class B airspace drops from 3,600 feet MSL to 1,800 feet MSL.
Consequently, aircraft are exiting and reentering Class B airspace
while flying the published ILS procedures. To correct this situation,
the FAA proposes to move the 1,800 foot MSL floor (Area B) from the
current 11 NM arc outward to the 14 NM arc. This extension to the 14 NM
arc would only be made to the north of CLT (from the intersection of
the 14 NM arc with new Highway 321 northwest of the airport, then
clockwise along the arc to the CLT 024[deg]T/029[deg]M radial). The
remaining portion of Area B would continue to follow the 11 NM arc
clockwise to the cutout for the AKH. This change would ensure that
arrivals to runways 18L and 18C/36C, and the new runway (18R/36L), are
retained within Class B airspace throughout the approach. In addition,
in response to comments from the Informal Airspace Meetings, the FAA is
proposing to widen the cutout in Area B around AKH to facilitate better
access to and from that airport.
With the implementation of RNAV departure procedures at CLT, the
floor of Class B airspace to the east and west of the airport needs to
be lowered. Departures on easterly and westerly tracks from the airport
often exit and then reenter Class B airspace as they continue their
climbs. To preclude this, the FAA proposes to lower the existing 6,000
foot MSL floor (current Area E) to 5,000 feet MSL and to lower the
existing 8,000 foot MSL floor (current Area F) to 6,000 feet MSL. The
existing area designations would be changed from the current Areas E
and F to a new Area G (extending upward from 5,000 feet MSL) and a new
Area K (extending upward from 6,000 feet MSL) west of CLT; and a new
Area D (extending upward from 5,000 feet MSL) and a new Area I
(extending upward from 6,000 feet MSL) east of CLT (see attached
chart).
To provide an adequate vector area for runway 5 arrivals, it is
necessary to lower the Class B airspace floor from 6,000 feet MSL to
4,000 feet MSL floor in an area to the southwest of AKH. This new Area,
designated Area F, would be bounded on the east by new Highway 321, on
the west by the 20 NM arc of the CLT VOR/DME and on the north by the
power lines that extend in a southwesterly direction west of AKH.
A further review of radar data revealed a need to lower the floor
of Class B airspace to the northeast of CLT. Due to vectoring patterns
and the descent profile of aircraft conducting the ILS RWY 23 approach,
it is necessary to slightly extend the 3,600 foot Class B airspace
floor to the northeast of CLT. This would be accomplished by extending
the lateral limits of the existing Area C from the current 20 NM arc
out to the 23 NM arc.
Finally, the Charlotte/Douglas International Airport reference
point coordinates in the Class B airspace legal description would be
updated to reflect current National Airspace System data.
These changes are being proposed to ensure the containment of IFR
aircraft within Class B airspace as required by FAA directives;
accommodate the implementation of RNAV departure procedures; and
support operations of a third parallel runway.
All radials listed in the Charlotte Class B airspace description in
this NPRM are stated in degrees relative to both True North and
Magnetic North.
Class B airspace areas are published in paragraph 3000 of FAA Order
7400.9T, dated August 27, 2009 and effective September 15, 2009, which
is incorporated by reference in 14 CFR 71.1. The Class B airspace area
proposed 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 (Pub. L. 96-354) requires
agencies to analyze the economic impact of regulatory changes on small
entities. Third, the Trade Agreements Act (Pub. L. 96-39) prohibits
agencies from setting standards that create unnecessary obstacles to
the foreign commerce of the U.S. In developing U.S. standards, this
Trade Act requires agencies to consider international standards and,
where appropriate, that they be the basis of U.S. standards. Fourth,
the Unfunded Mandates Reform Act of 1995 (Pub. L. 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 the private sector, of $100
million or more annually (adjusted for inflation with base year of
1995). This portion of the preamble summarizes the FAA's analysis of
the economic impacts of this proposed rule.
Department of Transportation Order DOT 2100.5 prescribes policies
and procedures for simplification, analysis, and review of regulations.
If the expected cost impact is so minimal that a proposed or final rule
does not warrant a full evaluation, this order permits that a statement
to that effect and the basis for it be included in the preamble if a
full regulatory evaluation of the cost and benefits is not prepared.
[[Page 9542]]
Such a determination has been made for this proposed rule. The
reasoning for this determination follows:
After consultation with airports that participated in the Charlotte
airport ad hoc advisory committee, the FAA expects the proposed
modifications of the Class B airspace to result in minimal cost. One
representative said the proposed changes would have ``absolutely no
effect'' on his airport and the pilots who use his airport reported
that the changes were ``negligible.'' Another manager of an airport
potentially affected by this proposed rulemaking reported that having
the Class B airspace modified is not the ideal situation, his airport
would not experience adverse changes to instrument approaches and
therefore expected minimal, if any, economic impact.
Of the six airports that participated in ad hoc advisory committee
and that provided comments two expressed concerns of a possible
economic impact. One airport reported that airplanes may to stop at
other airports but this economic impact would be ``hard to quantify''
which the FAA deems as minimal cost. The other reported that most of
its revenue is generated from a skydiving school that leases trailers
and hangers from the airport in addition to the purchase of fuel. The
airport manager reported that the skydiving classes go up to 14,500
feet and under this proposed rule change the class would have to
coordinate their scheduling of flights with Charlotte. The FAA
believes, however, that such flight coordination would result in only
minimal costs. In sum the FAA believes the proposed rule would result
in minimal costs.
The benefits of this proposed rule are substantial resulting from
the increased utilization of a new 9,000 feet runway. This runway will
allow more commercial flights to efficiently land at Charlotte-Douglas
International Airport.
Initial Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA)
establishes ``as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objectives of the rule and of applicable
statutes, to fit regulatory and informational requirements to the scale
of the businesses, organizations, and governmental jurisdictions
subject to regulation. To achieve this principle, agencies are required
to solicit and consider flexible regulatory proposals and to explain
the rationale for their actions to assure that such proposals are given
serious consideration.'' The RFA 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 rule will
have a significant economic impact on a substantial number of small
entities. If the agency determines that it will, the agency must
prepare a regulatory flexibility analysis as described in the RFA.
However, if an agency determines that a rule is not expected to
have a significant economic impact on a substantial number of small
entities, section 605(b) of the RFA 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.
The FAA believes the proposal would not have a significant economic
impact on a substantial number of small entities as the economic impact
is expected to be minimal. Based on the Small Business Administration
small entity criterion for small government jurisdictions the rule
would impact a substantial number of small entities. At least two of
the regional airports are owned by governments with populations less
than 50,000. We were unable to obtain publicly available revenue data.
As the proposed rule would simply change the takeoff and landing
patterns to these airports, we believe these changed patterns result in
a minimal economic impact. Therefore the FAA certifies that this
proposed rule would not have a significant economic impact on a
substantial number of small entities. We request comments from the
potentially affected entities which would include estimated compliance
cost and airport revenue, such that we could provide a measure of
economic impact.
International Trade Impact Assessment
The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing standards or engaging in related activities
that create unnecessary obstacles to the foreign commerce of the U.S.
Pursuant to these Acts, the establishment of standards is not
considered an unnecessary obstacle to the foreign commerce of the U.S.,
so long as the standard has a legitimate domestic objective, such the
protection of safety, and does not operate in a manner that excludes
imports that meet this objective. The statute also requires
consideration of international standards and, where appropriate, that
they be the basis for U.S. standards. The FAA has assessed the
potential effect of this proposed rule to change the airspace
classification for Charlotte airport in North Carolina and determined
that it would not have a potential effect on trade-sensitive activities
as discussed above.
Unfunded Mandates Assessment
Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) 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
(in 1995 dollars) 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.'' The FAA currently
uses an inflation-adjusted value of $136.1 million in lieu of $100
million. This proposed rule does not contain such a mandate; therefore,
the requirements of Title II of the Act do not apply.
Conclusion
FAA has, therefore, determined that this proposed rule is a minimal
cost rule with substantial benefits and is not a ``significant
regulatory action'' as defined in section 3(f) of Executive Order
12866, and is not ``significant'' as defined in DOT's Regulatory
Policies and Procedures.
FAA has, therefore, determined that this proposed rule is not a
``significant regulatory action'' as defined in section 3(f) of
Executive Order 12866, and is not ``significant'' as defined in DOT's
Regulatory Policies and Procedures.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
The Proposed Amendment
In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 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
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]
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation
[[Page 9543]]
Administration Order 7400.9T, Airspace Designations and Reporting
Points, dated August 27, 2009, and effective September 15, 2009, is
amended as follows:
Paragraph 3000 Subpart B--Class B Airspace.
* * * * *
ASO NC B Charlotte, NC
Charlotte/Douglas International Airport (Primary Airport)
(Lat. 35[deg]12'50'' N., long. 80[deg]56'35'' W.)
Charlotte VOR/DME
(Lat. 35[deg]11'25'' N., long. 80[deg]57'06'' W.)
Gastonia Municipal Airport
(Lat. 35[deg]12'10'' N., long. 81[deg]09'00'' W.)
Boundaries
Area A. That airspace extending upward from the surface to and
including 10,000 feet MSL within a 7-mile radius of the Charlotte
VOR/DME.
Area B. That airspace extending upward from 1,800 feet MSL to
and including 10,000 feet MSL bounded by a line beginning at the
Charlotte VOR/DME 024[deg]T/029[deg]M radial 14-mile fix; thence
direct to the Charlotte VOR/DME 032[deg]T/037[deg]M radial 11-mile
fix, thence clockwise via the 11-mile arc of the Charlotte VOR/DME
to lat. 35[deg]09[min]37[sec] N., long. 81[deg]10[min]21[sec] W.;
thence east to lat. 35[deg]10[min]17[sec] N., long.
81[deg]08[min]10[sec] W.; thence counterclockwise around a 2-mile
radius of the Gastonia Municipal Airport to lat.
35[deg]14[min]02[sec] N., long. 81[deg]08[min]10[sec] W.; thence
west to intersect U.S. Highway 321 at lat. 35[deg]15[min]00[sec] N.,
long. 81[deg]11[min]21[sec] W.; thence north along U.S. Highway 321
to the 14-mile arc of the Charlotte VOR/DME at lat.
35[deg]19[min]20[sec] N., long. 81[deg]11[min]13[sec] W.; thence
clockwise via the 14-mile arc to the point of beginning, excluding
that airspace within Area A described above.
Area C. That airspace extending upward from 3,600 feet MSL to
and including 10,000 feet MSL bounded by a line beginning at the
intersection of U.S. Highway 321 and the Charlotte VOR/DME 20-mile
arc at lat. 35[deg]26[min]49[sec] N., long. 81[deg]12[min]44[sec]
W.; thence clockwise along the 20-mile arc to intersect the Marshall
Steam Plant Rail Spur at lat. 35[deg]31[min]14[sec] N., long.
81[deg]00[min]42[sec] W.; thence north along the Rail Spur to the
Charlotte VOR/DME 25-mile arc at lat. 35[deg]36[min]25[sec] N.,
long. 80[deg]58[min]57[sec] W.; thence clockwise along the 25-mile
arc to long. 80[deg]46[min]00[sec] W.; thence south along long.
80[deg]46[min]00[sec] W., to the Charlotte VOR/DME 23-mile arc;
thence clockwise along the 23-mile arc to the Charlotte VOR/DME
067[deg]T/072[deg]M radial; thence southwest along the 067[deg]T/
072[deg]M radial to the Charlotte VOR/DME 20-mile arc; thence
clockwise along the 20-mile arc to the Charlotte VOR/DME 081[deg]T/
086[deg]M radial; thence west along the 081[deg]T/086[deg]M radial
to the Charlotte VOR/DME 11-mile arc; thence counterclockwise along
the 11-mile arc to the Charlotte VOR/DME 032[deg]T/037[deg]M radial,
11-mile fix; thence direct to the Charlotte VOR/DME 024[deg]T/
029[deg]M radial, 14-mile fix; thence counterclockwise along the 14-
mile arc of the Charlotte VOR/DME to intersect U.S. Highway 321 at
lat. 35[deg]19[min]20[sec] N., long. 81[deg]11[min]13[sec] W.,
thence north along U.S. Highway 321 to the point of beginning.
Area D. That airspace extending upward from 5,000 feet MSL to
and including 10,000 feet MSL bounded by a line beginning at the
Charlotte VOR/DME 081[deg]T/086[deg]M radial 11-mile fix; thence
east along the 081[deg]T/086[deg]M radial to the 20-mile fix; thence
clockwise along the 20-mile arc of the Charlotte VOR/DME to lat.
34[deg]56[min]07[sec] N., long. 80[deg]41[min]23[sec] W.; thence
north to the point of beginning.
Area E. That airspace extending upward from 3,600 feet MSL to
and including 10,000 feet MSL bounded by a line beginning at lat.
35[deg]15[min]00[sec] N., long. 81[deg]11[min]21[sec] W., thence
east to lat. 35[deg]14[min]02[sec] N., long. 81[deg]08[min]10[sec]
W.; thence clockwise along a 2-mile radius of the Gastonia Municipal
Airport to lat. 35[deg]10[min]17[sec] N., long.
81[deg]08[min]10[sec] W.; thence west to intersect the Charlotte
VOR/DME 11-mile arc at lat. 35[deg]09[min]37[sec] N., long.
81[deg]10[min]21[sec] W.; thence counterclockwise along the 11-mile
arc to the Charlotte VOR/DME 081[deg]T/86[deg]M radial 11-mile fix;
thence south direct to the Charlotte VOR/DME 147[deg]T/152[deg]M
radial 25-mile fix; thence clockwise along the 25-mile arc of the
Charlotte VOR/DME to lat. 34[deg]49[min]37[sec] N., long.
81[deg]12[min]05[sec] W.; thence north to the Charlotte VOR/DME
218[deg]T/223[deg]M radial 20-mile fix, thence clockwise along the
20-mile arc of the Charlotte VOR/DME, to intersect U.S. Highway 321
at lat. 34[deg]57[min]21[sec] N., long. 81[deg]14[min]28[sec] W.;
thence north along U.S. Highway 321 to the point of beginning.
Area F. That airspace extending upward from 4,000 feet MSL to
and including 10,000 feet MSL bounded by a line beginning at the
intersection of the power lines and the Charlotte VOR/DME 20-mile
arc at lat. 35[deg]08[min]08[sec] N., long. 81[deg]21[min]10[sec]
W.; thence east along the power lines to intersect U.S. Highway 321
at lat. 35[deg]11[min]52[sec] N., long. 81[deg]12[min]41[sec] W.;
thence south along U.S. Highway 321 to intersect the Charlotte VOR/
DME 20-mile arc at lat. 34[deg]57[min]21[sec] N., long.
81[deg]14[min]28[sec] W.; thence clockwise along the 20-mile arc to
the point of beginning.
Area G. That airspace extending upward from 5,000 feet MSL to
and including 10,000 feet MSL bounded by a line beginning at the
intersection of the power lines and the Charlotte VOR/DME 20-mile
arc at lat. 35[deg]08[min]08[sec] N., long. 81[deg]21[min]10[sec]
W.; thence clockwise along the 20-mile arc to intersect U.S. Highway
321 at lat. 35[deg]26[min]49[sec] N., long. 81[deg]12[min]44[sec]
W.; thence south along U.S. Highway 321 to intersect the power lines
at lat. 35[deg]11[min]52[sec] N., long. 81[deg]12[min]41[sec] W.;
thence west along the power lines to the point of beginning.
Area H. That airspace extending upward from 4,000 feet MSL to
and including 10,000 feet MSL bounded by a line beginning at lat.
35[deg]37[min]15[sec] N., long. 81[deg]10[min]32[sec] W.; thence
direct to intersect the Charlotte VOR/DME 30-mile arc at lat.
35[deg]41[min]30[sec] N., long. 80[deg]57[min]40[sec] W.; thence
clockwise along the 30-mile arc to long. 80[deg]46[min]00[sec] W.;
thence south along long. 80[deg]46[min]00[sec] W., to intersect the
Charlotte VOR/DME 25-mile arc; thence counterclockwise along the 25-
mile arc to intersect the Marshall Steam Plant Rail Spur at lat.
35[deg]36[min]25[sec] N., long. 80[deg]58[min]57[sec] W.; thence
south along the Rail Spur to intersect the Charlotte VOR/DME 20-mile
arc at lat. 35[deg]31[min]14[sec] N., long. 81[deg]00[min]42[sec]
W.; thence counterclockwise along the 20-mile arc to intersect U.S.
Highway 321 at lat. 35[deg]26[min]49[sec] N., long.
81[deg]12[min]44[sec] W.; thence north along U.S. Highway 321 to
intersect the Charlotte VOR/DME 25-mile arc at lat.
35[deg]32[min]26[sec] N., long. 81[deg]13[min]44[sec] W.; thence
clockwise along the 25-mile arc to intersect the Charlotte VOR/DME
337[deg]T/342[deg]M radial; thence northwest along the 337[deg]T/
342[deg]M radial to the point of beginning.
Area I. That airspace extending upward from 6,000 feet MSL to
and including 10,000 feet MSL bounded by a line beginning at the
Charlotte VOR/DME 062[deg]T/067[deg]M radial, 30-mile fix, thence
southwest along the 062[deg]T/067[deg]M radial to the 25-mile fix;
thence clockwise along the Charlotte VOR/DME 25-mile arc to the
Charlotte VOR/DME 120[deg]T/125[deg]M radial; thence southeast along
the 120[deg]T/125[deg]M radial to the 30-mile fix; thence clockwise
along the Charlotte VOR/DME 30-mile arc to lat.
34[deg]44[min]58[sec] N., long. 80[deg]39[min]47[sec] W.; thence
north direct to intersect the Charlotte VOR/DME 20-mile arc at lat.
34[deg]56[min]07[sec] N., long. 80[deg]41[min]23[sec] W.;, thence
counterclockwise along the 20-mile arc to the Charlotte VOR/DME
067[deg]T/072[deg]M radial; thence northeast along the 067[deg]T/
072[deg]M radial to the 23-mile arc; thence counterclockwise along
the 23-mile arc to long. 80[deg]46[min]00[sec] W.; thence north
along long. 80[deg]46[min]00[sec] W., to the Charlotte VOR/DME 30-
mile arc; thence clockwise along the 30-mile arc to the point of
beginning.
Area J. That airspace extending upward from 4,000 feet MSL to
and including 10,000 feet MSL bounded by a line beginning at the
Charlotte VOR/DME 147[deg] radial 25-mile fix; thence direct to
intersect the Charlotte VOR/DME 30-mile arc at lat.
34[deg]44[min]58[sec] N., long. 80[deg]39[min]47[sec] W.; thence
clockwise along the Charlotte VOR/DME 30-mile arc to lat.
34[deg]44[min]01[sec] N., long. 81[deg]12[min]05[sec] W.; thence
north to intersect the Charlotte VOR/DME 25-mile arc at lat.
34[deg]49[min]37[sec] N., long. 81[deg]12[min]05[sec] W.; thence
counterclockwise along the Charlotte VOR/DME 25-mile arc to the
point of beginning.
Area K. That airspace extending upward from 6,000 feet MSL to
and including 10,000 feet MSL bounded by a line beginning at the
Charlotte VOR/DME 293[deg]T/298[deg]M radial, 30-mile fix; thence
clockwise along the Charlotte VOR/DME 30-mile arc to lat.
35[deg]41[min]30[sec] N., long. 80[deg]57[min]40[sec] W.; thence
southwest direct to intersect the Charlotte VOR/DME 337[deg](T)/
342[deg](M) at lat. 35[deg]37[min]15[sec] N., long.
81[deg]10[min]32[sec] W.; thence southeast along the 337[deg]T/
342[deg]M radial to the Charlotte VOR/DME 25-mile arc; thence
counterclockwise along the 25-mile arc to intersect U.S. Highway 321
at lat. 35[deg]32[min]26[sec] N., long. 81[deg]13[min]44[sec] W.,
thence south along new Highway 321 to intersect the Charlotte VOR/
DME 20-mile arc at lat. 35[deg]26[min]49[sec] N., long.
81[deg]12[min]44[sec] W.; thence counterclockwise along the 20-mile
arc to the Charlotte VOR/DME 218[deg]T/223[deg]M radial; thence
south to intersect the Charlotte VOR/DME 30-mile arc at lat.
34[deg]44[min]01[sec] N., long. 81[deg]12[min]05[sec] W.; thence
clockwise along the 30-mile arc to the Charlotte VOR/DME 242[deg]T/
247[deg]M radial, thence northeast along the 242[deg]T/247[deg]M
radial to the Charlotte VOR/DME 25-mile arc; thence clockwise along
the 25-mile arc to the Charlotte VOR/DME 293[deg]T/298[deg]M radial;
thence northwest along
[[Page 9544]]
the 293[deg]T/298[deg]M radial to the point of beginning.
* * * * *
Issued in Washington, DC, on February 23, 2010.
Edith V. Parish,
Manager, Airspace and Rules Group.
[FR Doc. 2010-4377 Filed 3-2-10; 8:45 am]
BILLING CODE 4910-13-P