[Federal Register Volume 59, Number 40 (Tuesday, March 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4468]


[[Page Unknown]]

[Federal Register: March 1, 1994]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 90-AWA-11]

 

Alteration of Class C Airspace; Bangor International Airport, ME

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; amendment and disposition of comments.

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SUMMARY: This action amends the final rule published in the Federal 
Register on February 9, 1993, that established an airport radar service 
area (ARSA) (now, Class C airspace area) at Bangor International 
Airport, Bangor, ME. The final rule differed from the notice of 
proposed rulemaking (NPRM) wherein the final rule included the Brewer 
Airport within the surface area of the Bangor Class C airspace. 
Subsequently, the final rule was published and comments were solicited 
concerning the change to the surface area. This action represents the 
FAA's analysis of the comments and the final determination and 
rationale for modifying the Bangor Class C airspace area.

EFFECTIVE DATE: 0901 u.t.c., March 31, 1994.

FOR FURTHER INFORMATION CONTACT:
Patricia P. Crawford, 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-
9255.

SUPPLEMENTARY INFORMATION: 

History

    On April 23, 1991, the FAA proposed to amend part 71 of the Federal 
Aviation Regulations (14 CFR part 71) to establish an ARSA (now, Class 
C airspace) at Bangor International Airport, ME (56 FR 6584). The NPRM 
stated that the Brewer Airport would be excluded from the surface area. 
The original cutout for Brewer Airport excluded that airspace below 700 
feet mean sea level (MSL) and extended from the Bangor Very High 
Frequency Omnidirectional Range/Tactical Air Navigation (VORTAC) 
facility 111 deg. radial clockwise to the Bangor 141 deg. radial. The 
final rule on this action was published on February 9, 1993, with an 
effective date of April 1, 1993 (58 FR 7738). The rule cited concerns 
for aircraft operating under visual flight rules (VFR) in close 
proximity, in and out of the Brewer Airport, with instrument flight 
rules (IFR) traffic on approach to the Bangor International Airport. 
This concern prompted the FAA to remove the cutout for Brewer Airport, 
thereby placing the airport within the surface area of the Bangor Class 
C airspace area. To ascertain how changing the Bangor Class C airspace 
area would impact the airspace users, the FAA solicited comments on 
this issue. Fourteen comments were received during the comment period 
which closed on April 5, 1993.

Discussion of Comments

    Most of the comments recommended that the FAA reconsider the design 
of the surface area for the Bangor Class C airspace to provide a cutout 
for the Brewer Airport as originally proposed.
    Comments were received from the Brewer Airport Association (BAA) 
encouraging the FAA to reconsider the cutout, citing the meritorious 
history of safe aviation activity in the Bangor area. The association 
wrote that the Brewer Airport and the Bangor International Airport have 
co-existed without incident or near-incident for 50 years. BAA states 
that this unblemished track record for safety does not support the 
FAA's assertion that IFR operations at Bangor International Airport 
would be adversely affected by operations at Brewer Airport.
    The Aircraft Owners and Pilots Association (AOPA) recommended that 
the FAA sign letters of agreement with the aircraft owners based at 
Brewer Airport and examine alternatives that would allow the Brewer 
Airport to be removed from the surface area.
    Several of the commenters wrote to emphasize that operations under 
IFR are not common practice and not anticipated in the future at Brewer 
Airport.
    Many of the commenters stated that they believe a 600-foot ceiling 
would allow for a 500-foot separation or buffer below the instrument 
landing system (ILS) glidepath on Runway 33 for approaches to Bangor. 
In the commenters' opinion, the 500-foot separation or buffer should be 
adequate to support operations at Bangor.
    One commenter stated that he opposes a cutout for the Brewer 
Airport and does not believe it is in the best interest of the flying 
public or the residents of Brewer.
    Each of the comments were fully considered. In response to these 
recommendations the FAA has reevaluated the Bangor Class C airspace 
area and reached the conclusion that the airspace can be safely 
modified to allow for a cutout to exclude the Brewer Airport from the 
surface area. The new cutout for the Brewer Airport is not the same as 
published in the NPRM. That NPRM proposed to exclude the airspace below 
700 feet MSL between the 3- to 5-mile radius of the Bangor 
International Airport, from the Bangor VORTAC 111 deg. radial clockwise 
to the Bangor VORTAC 141 deg. radial. The new cutout area for Brewer 
Airport is slightly smaller in size than the original proposal, but 
only excludes that airspace below 700 feet MSL between the 3- to 5-mile 
radius of the Bangor International Airport extending between the Bangor 
VORTAC 122 deg. radial to the Bangor VORTAC 142 deg. radial.
    While the Bangor Class C airspace will be modified to exclude the 
Brewer Airport from the surface area, the remainder of the Class C 
airspace area will not change.

The Rule

    This amendment to part 71 of the Federal Aviation Regulations (14 
CFR part 71) modifies the Class C airspace area at the Bangor 
International Airport, Bangor, ME. Bangor International Airport is a 
public airport with an operating control tower serviced by a Level II 
Radar Approach Control Facility.
    During the rulemaking process and review, changes were made to 
include the Brewer Airport in the surface area for the Bangor Class C 
airspace area. The FAA had concluded that excluding Brewer Airport as 
proposed in the NPRM could adversely effect IFR traffic at Bangor 
International Airport. The rule stated that the potential for an unsafe 
condition existed because of the runway orientation at Brewer Airport 
in association with operations at Bangor Airport. This condition was 
intensified because aircraft would have been allowed to operate in and 
out of Brewer Airport without communications with the Bangor Air 
Traffic Control Tower (ATCT). The potential impact from the change 
affecting the Brewer Airport was recognized during the final review 
process and comments were solicited in the final rule. In reaching a 
final determination on this issue, the FAA reevaluated the airspace in 
the Bangor Class C airspace area, all of the user comments and, in 
particular, the changes affecting the Brewer Airport. The conclusion 
reached is that the Bangor Class C surface area can be safely modified 
to accommodate a cutout for the Brewer Airport without impacting 
operations or safety at the Bangor International Airport yet still 
meeting the needs of the users at the Brewer Airport. In addition, this 
modified cutout was aligned along prominent geographical landmarks to 
help pilots operate and navigate safely and easily within the 
boundaries of the cutout. These changes will allow aircraft to operate 
into, at, and out of the Brewer Airport, under VFR, below 700 feet MSL. 
This modified cutout closely mirrors the previous operating airspace at 
the Brewer Airport without impacting the approaches into the Bangor 
International Airport. This airspace, and the associated operations, 
has existed accident and incident free as noted by the Brewer Airport 
Association. Aircraft on an instrument approach to the Bangor 
International Airport pass directly over the top of, and perpendicular 
to, the Brewer Airport, well above the 700 foot ceiling imposed by the 
cutout, while aircraft operating at the Brewer Airport would be 
approaching or departing the airport perpendicular to, and below, the 
approach path of the large aircraft going into Bangor. Aircraft flying 
in the pattern at Brewer would be restricted to remain under 700 feet 
MSL, and would be remaining south of the Brewer Airport, further away 
from the Bangor International Airport, which further increases the 
altitude separation between them and any arriving aircraft on a descent 
going into the Bangor International Airport. Removing Brewer Airport 
from the Class C surface area also allows aircraft to operate at the 
Brewer Airport without communicating with the Bangor ATCT, particularly 
those local based aircraft without radio capabilities.
    Although this airspace design differs from the NPRM and the final 
rule, the FAA believes that the changes to the Bangor Class C airspace 
area can, and will, accommodate all of the airspace user's needs and 
not compromise safe operations at either Bangor International, the 
primary airport, or the Brewer Airport. Class C airspace designations 
are published in paragraph 4000 of FAA Order 7400.9A date 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 designation listed in this document will be published 
subsequently in the Order.

Regulatory Evaluation Summary

    The FAA has determined that this rulemaking is not a ``significant 
rulemaking action'' as defined by Executive Order 12866 (Regulatory 
Planning and Review) and is not a ``significant rule'' under DOT 
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979). 
The anticipated costs and benefits associated with this action are 
summarized below. (A detailed discussion of costs and benefits is 
contained in the full regulatory evaluation contained in the docket for 
this action.)

Costs

    The potential costs of amending the final rule that established the 
Bangor Class C airspace area could be the revision of aeronautical 
charts. However, the FAA has determined that these airspace revisions 
will not impose any costs. The FAA's rationale for this determination 
are discussed below.

Revising Aeronautical Charts

    Modifying the Bangor Class C airspace area will make it necessary 
to revise the Bangor sectional chart to incorporate the modified Class 
C airspace boundaries. The FAA currently revises this sectional every 
six months. Changes of the type required to depict Class C airspace 
areas are made routinely during charting cycles, and can be considered 
an ordinary operating cost. Therefore, the FAA does not expect to incur 
any additional charting costs as a result of modifying the Bangor Class 
C airspace area. Pilots should not incur any additional costs obtaining 
current charts depicting Class C airspace because they should be using 
current charts.

Benefits

    The benefits of providing a cutout in the Bangor Class C airspace 
surface area will be the added convenience and increased operational 
efficiency. The cutout for the Brewer Airport will generate added 
convenience for pilots by providing airspace in which they can land and 
depart from that airport without having to participate in Bangor Class 
C airspace procedures.
    This amendment will increase the operational efficiency for air 
traffic controllers at Bangor International Airport. Controllers will 
not have to maintain radio contact with aircraft operating at Brewer 
Airport in order to provide separation from other aircraft operating in 
the Bangor Class C airspace area.

Conclusion

    Amending the final rule that established the Bangor Class C 
airspace area will not result in any charting costs. The amendment will 
provide an added convenience to pilots and increased operational 
efficiency to air traffic controllers. Thus, the FAA has determined 
that amending the final rule that established the Bangor Class C 
airspace area would be cost-beneficial.

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.''
    The FAA contends that amending the Bangor Class C airspace area 
final rule will not result in a significant economic impact on a 
substantial number of small entities. This determination is based on 
the fact that the amendment will not impose any costs and on the fact 
that the benefits of added convenience are qualitative in nature.

International Trade Impact Assessment

    The amendment will only affect U.S. terminal airspace operating 
procedures at and in the vicinity of Bangor, ME. The amendment 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.

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

* * * * *
ANE ME C Bangor, ME [Revised]
Bangor International Airport, ME
    (lat. 44 deg.48'27'' N., long. 68 deg.49'41'' W.)
Bangor (BGR) VORTAC
    (lat. 44 deg.50'31'' N., long. 68 deg.52'26'' W.)

    That airspace extending upward from the surface to and including 
4,200 feet MSL within a 5-mile radius of Bangor International 
Airport, excluding that airspace below 700 feet MSL from the 
intersection of the 122 deg. radial of the BGR VORTAC and 5-mile 
radius of the airport, to lat. 44 deg.47'08'' N., long. 
68 deg.44'57'' W.; to lat. 44 deg.46'43'' N., long. 68 deg.46'07'' 
W.; to lat. 44 deg.46'19'' N, long. 68 deg.46'19'' W; to the 
intersection of the 142 deg. radial of the BGR VORTAC and the 5-mile 
radius of the airport, thence counterclockwise on the 5-mile radius 
of the airport to the point of origin; that airspace extending 
upward from 2,000 feet MSL to and including 4,200 feet MSL within a 
10-mile radius of the airport from the 111 deg. radial of the BGR 
VORTAC clockwise to the 232 deg. radial of the BGR VORTAC; and that 
airspace extending upward from 1,500 feet MSL to and including 4,200 
feet MSL within a 10-mile radius of the airport from the 232 deg. 
radial of the BGR VORTAC clockwise to the 111 deg. radial of the BGR 
VORTAC.
* * * * *
    Issued in Washington, DC, on February 18, 1994.
Harold W. Becker,
Manager, Airspace--Rules and Aeronautical Information Division.

    Note: This appendix will not appear in the Code of Federal 
Regulations.

Appendix to Preamble--Bangor, Maine, Class C Airspace

BILLING CODE 4910-13-M

TR01MR94.004


[FR Doc. 94-4468 Filed 2-28-94; 8:45 am]
BILLING CODE 4910-13-C