[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] _______________________________________________________________________ Part VII Department of Transportation _______________________________________________________________________ Federal Aviation Administration _______________________________________________________________________ 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. BILLING CODE 4910-13-M![]()
TR11FE94.000 [FR Doc. 94-3247 Filed 2-10-94; 8:45 am] BILLING CODE 4910-13-C