[Federal Register Volume 59, Number 29 (Friday, February 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3247]


[[Page Unknown]]

[Federal Register: February 11, 1994]


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Part VII





Department of Transportation





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Federal Aviation Administration



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14 CFR Part 71




Establishment of the Asheville Regional Airport Class C Airspace Area, 
NC, and Revocation of the Asheville Class D Airspace Area, NC; Final 
Rule
DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 92-AWA-8]

 
Establishment of the Asheville Regional Airport Class C Airspace 
Area, NC, and Revocation of the Asheville Class D Airspace Area; NC

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This action establishes a Class C airspace area at the 
Asheville Regional Airport, and revokes the Class D airspace area at 
Asheville, NC. Asheville Regional Airport is a public-use facility with 
an operating control tower served by a Level II Terminal Radar Approach 
Control Facility (TRACON) at which a Terminal Radar Service Area (TRSA) 
is currently in effect. The establishment of this Class C airspace area 
will require pilots to establish two-way radio communications with the 
air traffic control (ATC) facility providing air traffic services prior 
to entering the airspace and thereafter maintain those communications 
while within the Class C airspace area. Implementation of the Asheville 
Regional Airport Class C airspace area will promote the efficient 
control of air traffic and reduce the risk of midair collision in the 
terminal area.

EFFECTIVE DATE: 0901 UTC, March 31, 1994.

for further information contact: Norman W. Thomas, Airspace and 
Obstruction Evaluation Branch (ATP-240), Airspace-Rules and 
Aeronautical Information Division, Air Traffic Rules and Procedures 
Service, Federal Aviation Administration, 800 Independence Avenue, SW., 
Washington, DC 20591; telephone: (202) 267-9230.

SUPPLEMENTARY INFORMATION:

History

    On April 22, 1982, the National Airspace Review (NAR) plan was 
published in the Federal Register (47 FR 17448). The plan encompassed a 
review of airspace use and procedural aspects of the ATC system. Among 
the main objectives of the NAR was the improvement of the ATC system by 
increasing efficiency and reducing complexity. In its review of 
terminal airspace, NAR Task Group 1-2 concluded that TRSA's should be 
replaced. Four types of airspace configurations were considered as 
replacement candidates, and Model B, the Airport Radar Service Area 
(ARSA) configuration, was recommended by a consensus of the task group.
    The FAA published NAR Recommendation 1-2.2.1, ``Replace Terminal 
Radar Service Areas with Model B Airspace and Service'' in notice 83-9 
(48 FR 34286, July 28, 1983) proposing the establishment of ARSA's at 
the Robert Mueller Municipal Airport, Austin, TX, and the Port of 
Columbus International Airport, Columbus, OH. ARSA's were designated at 
these airports on a temporary basis by Special Federal Aviation 
Regulation No. 45 (48 FR 50038, October 28, 1983) to provide an 
operational confirmation of the ARSA concept for potential application 
on a national basis.
    Following a confirmation period of more than a year, the FAA 
adopted the NAR recommendation and, on February 27, 1985, issued a 
final rule (50 FR 9252, March 6, 1985) defining ARSA airspace and 
establishing air traffic rules for operation within such an area.
    Concurrently, by separate rulemaking action, ARSA's were 
permanently established at the Austin, TX, Columbus, OH, and the 
Baltimore/Washington International Airports (50 FR 9250, March 6, 
1985). The FAA stated that future notices would propose ARSA's for 
other airports at which TRSA procedures were in effect.
    A number of problems with the TRSA program were identified by the 
NAR Task Group. The task group stated that because of the different 
levels of service offered in terminal areas, users are not always sure 
of what restrictions or privileges exist or how to cope with them. 
According to the NAR Task Group, there is a shared feeling among users 
that TRSA's are often poorly defined, are generally dissimilar in 
dimensions, and encompass more area than is necessary or desirable. 
There are other users who believe that the voluntary nature of the TRSA 
does not adequately address the problems associated with 
nonparticipating aircraft operating in relative proximity to the 
airport and associated approach and departure courses. The consensus 
among the user organizations is that within a given standard airspace 
designation, a terminal radar facility should provide all pilots the 
same level of service and in the same manner, to the extent feasible.
    Additionally, the NAR Task Group recommended that the FAA develop 
quantitative criteria for establishing ARSA's at locations other than 
those which were included in the TRSA replacement program. The task 
group recommended that these criteria include, among other things, 
traffic mix, flow density, airport configuration, geographical 
features, collision risk assessment, and ATC capabilities to provide 
service to users. These criteria have been developed and are being 
published via the FAA directives system (Order 7400.2D).
    Airspace Reclassification, which became effective September 16, 
1993, discontinued the use of the term ``airport radar service area'' 
and replaced it with the designation ``Class C airspace area.'' This 
change in terminology is reflected in this rule.
    The FAA has established Class C airspace areas at 120 locations 
under a paced implementation plan to replace TRSA's with Class C 
airspace areas.
    This rule establishes a Class C airspace area at a location which 
was not identified as a candidate for a Class C airspace area in the 
preamble to Amendment No. 71-10 (50 FR 9252). The Asheville Regional 
Airport did not meet the numerical Class C airspace area criteria 
candidacy as set by the NAR Task Group at that time.
    The Asheville Regional Airport is a public-use airport with an 
operating control tower served by a Level II TRACON, at which a TRSA is 
in effect. A TRSA consists of the airspace surrounding a designated 
airport where ATC provides radar vectoring, sequencing, and separation 
for all aircraft operating under instrument flight rules (IFR) and for 
participating aircraft operating under visual flight rules (VFR). TRSA 
airspace and operating rules are not established by regulation, and 
participation by pilots operating in the TRSA under VFR is voluntary, 
although pilots are urged to participate. This level of service is 
known as Stage III and is provided at all locations identified as 
TRSA's.
    Current symptoms of potential safety problems within the Asheville 
TRSA, which indicate a need for Class C airspace, include the volume of 
passenger enplanements and the complexity of aircraft operations at 
Asheville. Complexity refers to air traffic conditions resulting from a 
mix of VFR and IFR aircraft that vary widely in speed and 
maneuverability. As this mix increases, so does the potential for 
midair collisions. The volume of passenger enplanements at Asheville 
for calendar year 1990 was 268,683, for calendar year 1991 was 261,740, 
and for January-September 1992 was 215,068. This volume of passenger 
enplanements and aircraft operations meets the FAA criteria for 
establishing Class C airspace to enhance safety.
    On July 23, 1993, the FAA proposed to designate a Class C airspace 
area at the Asheville Regional Airport, NC (58 FR 39479). Interested 
parties were invited to participate in this rulemaking proceeding by 
submitting comments on the proposal to the FAA. Two comments were 
received in support of the proposal from the Aircraft Owners and Pilots 
Association and the Air Line Pilots Association.

The Rule

    This amendment to part 71 of the Federal Aviation Regulations (14 
CFR part 71) establishes a Class C airspace area at the Asheville 
Regional Airport and revokes the Class D airspace area at Asheville, 
NC. Asheville Regional Airport is a public airport with an operating 
control tower served by a Level II TRACON, at which a TRSA is in 
effect. The establishment of this Class C airspace area will require 
pilots to establish two-way radio communications with the ATC facility 
providing air traffic services prior to entering the airspace and 
thereafter maintain those communications while within the Class C 
airspace area. Implementation of the Class C airspace area will promote 
the efficient control of air traffic and reduce the risk of midair 
collision in the terminal area.
    The coordinates in this document are based on North American Datum 
83. Except for editorial changes and the revocation of the Class D 
airspace area in Asheville, NC, this amendment is the same as that 
proposed in the notice. Class C and Class D airspace designations are 
published in paragraphs 4000 and 5000, respectively, of FAA Order 
7400.9A dated June 17, 1993, and effective September 16, 1993, which is 
incorporated by reference in 14 CFR 71.1 (58 FR 36298, July 6, 1993). 
The Class C airspace area listed in this document will be published 
subsequently in the Order and the Class D airspace area listed in this 
document will be removed subsequently from the Order.

Regulatory Evaluation Summary

    The FAA has determined that this final rule is not a ``significant 
regulatory action,'' as described by Executive Order 12866 (Regulatory 
Planning and Review). The anticipated costs and benefits associated 
with this final rule are summarized below. (A detailed discussion of 
costs and benefits is contained in the full evaluation in the docket 
for this final rule).

Costs

    The FAA has determined that establishing the Asheville Class C 
airspace area will impose one-time administrative cost of $535 
(discounted, 1992 dollars) on the FAA. For the aviation community 
(namely, aircraft operators and fixed-based operators), the final rule 
will impose only negligible costs. The potential coast associated with 
establishing the Asheville, NC, Class C airspace area are discussed 
below.
    1. Potential FAA Administrative Costs (air traffic controller 
staffing, controller training, and facility equipment costs).
    For the Asheville Class C airspace area (and the Class C airspace 
area program in general), the FAA does not expect to incur any 
additional costs for ATC staffing, training, or facility equipment. The 
FAA is confident that it can handle any additional traffic that will 
participate in radar services at the Asheville Class C airspace area 
site through more efficient use of personnel at current authorized 
staffing level. The FAA expects to train its controller force at 
Asheville in Class C airspace area procedures during regularly 
scheduled briefing sessions routinely held at Asheville, NC. Thus, no 
additional training costs are expected. No significant equipment 
requirements are anticipated.
    2. Other potential FAA Administrative Costs (revision of charts, 
notification of the public, and pilot education).
    Establishment of Class C airspace areas throughout the country has 
made it necessary, and will continue to make it necessary, to revise 
section charts to remove existing airspace depictions and incorporate 
the new Class C airspace area boundaries. The FAA currently revises 
these sectional charts every 6 months. Changes of the type required to 
depict a Class C airspace area are made routinely during these charting 
cycles, and can be considered an ordinary operating costs. Thus, the 
FAA does not expect to incur any additional charting costs as a result 
of the Asheville, NC, Class C airspace area. Pilots should not incur 
additional costs obtaining current charts depicting Class C airspace 
areas because they should be using only current charts.
    The FAA holds informal public meetings at each Class C airspace 
area location. These meetings provide pilots with the best opportunity 
to learn both how a Class C airspace area works and how it will affect 
their local operations. The costs associated with these public meetings 
are incurred regardless of whether a Class C airspace area is 
ultimately established. Thus, they are more appropriately considered 
routine FAA costs. Given that the proposed Class C airspace area is 
becoming a final rule, subsequent public information costs will be 
strictly attributed to the final rule. For instance, the FAA will 
distribute a Letter to Airmen to all pilots residing within 50 miles of 
the Asheville Class C airspace area that will explain the operation and 
airspace configuration of the new Class C airspace area. The Letter to 
Airmen cost will be approximately $535 (discounted). This one-time 
negligible cost will be incurred upon the initial establishment of the 
Class C airspace area.
    3. Potential Costs to the Aviation Community (circumnavigation 
delays, and radio communications).
    The FAA anticipates that some pilots who currently transit the 
terminal area without establishing radio communications or 
participating in Stage III services may choose to circumnavigate the 
Class C airspace area without significantly deviating from their 
regular flight paths. They could also remain clear of the Class C 
airspace area by flying above the ceiling (6,200 feet MSL). The FAA 
estimates that the final rule will have a negligible, if any, cost 
impact on non-participating general aviation (GA) aircraft operations 
because of the small deviations from current flight paths imposed on 
these operations. The FAA recognizes that delays might develop at 
Asheville, NC, following the initial establishment of the Class C 
airspace area. The additional traffic that ATC will be handling due to 
the mandatory pilot participation requirement may result in minor 
delays to aircraft operations. However, these delays that might occur 
will be transitional in nature. The FAA contends that any potential 
delays will eventually be more than offset by the increased flexibility 
afforded controllers in handling traffic as a result of Class C 
airspace area separation standards. This has been the experience at the 
three Class C airspace areas that have been in effect for the longest 
period of time as well as at more recently established Class C airspace 
areas. The FAA does not anticipate that establishing a Class C airspace 
area at Asheville, NC, will result in any problems, and the FAA expects 
a smooth transition process, which has characterized the majority of 
Class C airspace area sites established to date.
    The FAA assumes that nearly all aircraft operating in the vicinity 
of the Class C airspace area already have two-way radio communications 
capability because of the Mode C requirement that has been in effect 
since December 1990.

Benefits

    The Asheville, NC, Class C airspace area will generate potential 
safety benefits in the form of lowered risks of midair collisions due 
to increased controlled airspace around Asheville for several reasons. 
First, the Asheville, NC, Airport is located in a very mountainous area 
with relatively high minimum safe altitudes surrounding the airport 
which tends to force the mixture of all aircraft into and out of the 
same valleys and tunnels. Second, the terrain and lack of available 
airspace causes local flying schools to utilize the same practice areas 
for flight training. Finally, the arrivals and departures all funnel in 
and out of the valley which does not allow for dedicated arrival and 
departure routes.
    Based on the increased risk of a midair collision at Asheville, the 
FAA is establishing a Class C airspace area to prevent a safety problem 
from occurring. These symptoms are the volume of passenger enplanements 
and the complexity of aircraft operations at Asheville, NC. The volume 
of passenger enplanements at Asheville for calendar year 1990 was 
268,683, for calendar year 1991 was 261,740, and for January-September 
1992 was 215,068. This volume of passenger enplanements and aircraft 
operations have made Asheville, NC, eligible to become a Class C 
airspace area.
    The Class C airspace area program has the potential for reducing 
the risk of a midair collision by reducing the number of near-midair 
collisions (NMAC). In a study of NMAC data, the FAA's Office of 
Aviation Safety (ASF) found that approximately 15 percent of reported 
NMAC's occur in Terminal Radar Service Area (TRSA) airspace. This study 
found that about half of all NMAC's occur in the 1,000 to 5,000 feet 
altitude range, which is closely comparable to the altitudes where 
pilot participation will be mandatory in the Class C airspace. This 
study also found that over 85 percent of NMAC's occur under VFR 
conditions when visibility is 5 miles or greater. Finally, the study 
found that the largest number of NMAC reports were associated with IFR 
operator under radar control conflicting with VFR traffic during VFR 
flight conditions below 12,500 feet. The mandatory participation 
requirements of the Class C airspace area and the radar services 
provided by ATC to VFR as well as IFR pilots will help alleviate such 
conflicts.
    A study conducted by the Engineering & Economics Research, Inc., 
for the NAR Task Group reviewed NMAC data for Austin and Columbus 
during the 1978 to 1984 period. This study found that the presence of 
an ARSA (a Class C airspace area) reduced the probability of NMAC 
occurrence by 38 percent at Austin and 33 percent at Columbus. Another 
FAA study estimated that the potential for NMAC's could be reduced by 
about 44 percent. Since near midair and actual midair collisions result 
from similar casual factors, a reduction in near midair collisions as a 
result of the Class C airspace area program suggests that a reduction 
in the risk of midair collisions will also happen.
    The Office of Aviation Policy, Plans, and Management Analysis study 
of the Class C airspace area confirmation sites included a detailed 
analysis to determine if a reduction in midair collision risk might 
result from replacing a TRSA with a Class C airspace area. The 
collision risk analysis was based on the experience at Columbus because 
recorded radar data through Automated Radar Terminal System (ARTS III-
A) extraction was available there. The study focused on conditions of 
fairly heavy VFR activity in the terminal radar area since the Class C 
airspace area affects procedures used to handle VFR traffic there. The 
analysis examined the intersections of flight paths before and after 
the Class C airspace area was installed because the replacement of a 
TRSA with a Class C airspace area might alter the routes of travel, 
particularly for aircraft that did not previously participate in the 
TRSA. The flight path analysis focused on the areas immediately around, 
under, and over the Class C airspace area, and determined that there 
was no compression of traffic in this airspace following installation 
of the Class C airspace area. In the absence of compression, the study 
concluded that the mandatory participation requirement for all aircraft 
operating within the Class C airspace area resulted in a 75 percent 
reduction in midair collision risk.
    The circumstances observed at the Columbus test site may not be the 
same at other TRSA locations and the 75 percent reduction in midair 
collision risk measured there may not be achieved at other Class C 
airspace area sites. Therefore, the FAA conservatively estimates that 
the Class C airspace area program will reduce the risk of a midair 
collision by 50 percent at TRSA locations.
    The reduction of midair collision risks by 50 percent will result 
in the prevention of one midair collision nationally every one to two 
years. The quantifiable benefits of preventing a midair collision can 
range from less than $160,000 by preventing a minor non-fatal collision 
between GA aircraft to $313 million by preventing a midair collision 
involving a passenger jet airplane. Establishment of the Asheville, NC, 
Class C airspace area will contribute to this improvement in aviation 
safety.
    Ordinarily, the benefit of a reduction in the risk of midair 
collisions from establishing a Class C airspace area will be attributed 
entirely to the Class C airspace area program. However, an 
indeterminant amount of the benefits has to be credited to the 
interaction of the Class C airspace area (and the Class C airspace area 
program in general) with the Mode C Rule, which in turn interacts with 
the Traffic Alert Collision Avoidance System (TCAS) Rule. That is 
because the benefits of the Asheville, NC, Class C airspace area, as 
well as other designated airspace actions that require Mode C 
transponders, cannot be separated from the benefits of the Mode C and 
TCAS Rules. The Class B airspace and Class C airspace area programs 
(including the Asheville, NC, Class C airspace), plus the Mode C and 
TCAS Rules share potential benefits totaling $4.2 billion in 1992 
dollars.

Comparison of Costs and Benefits

    The FAA has determined that the final rule to establish a Class C 
airspace area at Asheville, NC, will impose a negligible cost of $535 
on the agency. The total cost of the Mode C and TCAS rules and the 
Class B and Class C airspace programs is $991 million. When this cost 
estimate of $535 is added to the total cost of these rules, the costs 
will still be less than $4.2 billion. The final rule will also generate 
some benefits in the form of enhanced operational efficiency. In 
addition, the final rule will only impose negligible additional costs 
to the aviation community. Thus, the FAA believes that the final rule 
will be cost-beneficial.

International Trade Impact Assessment

    The final rule will only affect U.S. terminal airspace operating 
procedures at and in the vicinity of Asheville, NC. The final rule will 
not impose a competitive trade advantage or disadvantage on foreign 
firms in the sale of either foreign aviation products or services in 
the United States. In addition, domestic firms will not incur a 
competitive trade advantage or disadvantage in either the sale of 
United States aviation products or services in foreign countries.

Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (RFA) was enacted by 
Congress to ensure that small entities are not unnecessarily and 
disproportionately burdened by government regulations. Small entities 
are independently owned and operated small businesses and small not-
for-profit organizations. The RFA requires agencies to review rules 
that may have ``a significant economic impact on a substantial number 
of small entities.''
    Under FAA Order 2100.14A entitled Regulatory Flexibility Criteria 
and Guidance, a significant economic impact means annualized net 
compliance costs to an entity, which when adjusted for inflation is 
greater than or equal to the threshold cost level for that entity. A 
substantial number of small entities means a number that is eleven or 
more and is more than one-third the number of small entities subject to 
a proposed or existing rule.
    For the purpose of this evaluation, the small entities that will be 
potentially affected by the final rule are fixed-base operators, flight 
training operations, and other small aviation businesses located at the 
Asheville, NC, Airport. Any additional costs that these entities are to 
incur have already been taken into account in the Mode C Rule. 
Moreover, there were no comments addressing the economic impact of the 
proposed rule. The FAA concludes that the additional airspace 
restrictions imposed by the Class C airspace area should not have an 
adverse impact on small entities.

Federalism Implications

    The regulations adopted herein will not have substantial direct 
effects on the states, on the relationship between the national 
government and the states, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, in 
accordance with Executive Order 12612, it is determined that this rule 
would not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.

Conclusion

    For the reasons discussed under ``Regulatory Evaluation,'' the FAA 
has determined that this rule (1) is not a ``significant regulatory 
action'' under Executive Order 12866; and (2) is not a ``significant 
rule'' under DOT Regulatory Policies and Procedures (44 FR 11034, 
February 26, 1979). It is also certified that this rule does not 
require preparation of a Regulatory Flexibility Analysis under the RFA.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration amends 14 CFR part 71 as follows:

PART 71--[AMENDED]

    1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. app. 1348(a), 1354(a), 1510; E.O. 10854, 24 
FR 9565, 3 CFR, 1959-1963 Comp., p. 389; 49 U.S.C. 106(g); 14 CFR 
11.69.


Sec. 71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of the Federal 
Aviation Administration Order 7400.9A, Airspace Designations and 
Reporting Points, dated June 17, 1993, and effective September 16, 
1993, is amended as follows:

Paragraph 4000--Subpart C--Class C Airspace

* * * * *

ASO NC C Asheville, NC  [New]

Asheville Regional Airport, NC
    (lat. 35 deg.26'10'' N., long. 82 deg.32'31'' W.)

    That airspace extending upward from the surface to and including 
6,200 feet MSL within 3 miles either side of the extended runway 
centerline within a 5-mile radius of the Asheville Regional Airport; 
and that airspace north and south of the airport extending upward 
from 4,300 feet MSL to and including 6,200 feet MSL within 3 miles 
either side of the extended runway centerline at points on a 5-mile 
radius of the airport expanding to within 5 miles either side of the 
extended runway centerline at points on a 10-mile radius of the 
airport. This Class C airspace area is effective during the specific 
days and hours of operation of the Asheville Tower and Approach 
Control as established in advance by a Notice to Airmen. The 
effective dates and times will thereafter be continuously published 
in the Airport/Facility Directory.
* * * * *

Paragraph 5000--Subpart D--Class D Airspace

* * * * *

ASO NC D Asheville, NC  [Removed]

* * * * *
    Issued in Washington, DC, on February 3, 1994.
Willis C. Nelson,
Acting Manager, Airspace-Rules and Aeronautical Information Division.
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[FR Doc. 94-3247 Filed 2-10-94; 8:45 am]
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