[Federal Register Volume 59, Number 41 (Wednesday, March 2, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4714]


[[Page Unknown]]

[Federal Register: March 2, 1994]


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Part II





Department of Transportation





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Federal Aviation Administration



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14 CFR Part 71




Proposed Alteration of the Charlotte, NC, Class B Airspace Area; 
Proposed Rule
DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 92-AWA-6]
RIN 2120-AF02

 
Proposed Alteration of the Charlotte, NC, Class B Airspace Area

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This notice proposes to alter the Charlotte, NC, Class B 
airspace area. This proposal would maintain the upper limit of the 
Charlotte, Class B airspace area at 10,000 feet mean sea level (MSL) 
and redefine several existing subareas to improve air traffic 
procedures. The primary goal of this Class B airspace area modification 
is to improve safety while providing the most efficient use of the 
terminal airspace. This action is intended to improve the flow of 
traffic and increase safety in the Charlotte/Douglas terminal area. 
Airspace Reclassification, in effect as of September 16, 1993, has 
discontinued the use of the term ``Terminal Control Area,'' replacing 
it with the term ``Class B airspace area.''

DATES: Comments must be received on or before May 2, 1994.

ADDRESSES: Send comments on the proposal in triplicate to: Federal 
Aviation Administration, Office of the Chief Counsel, Attention: Rules 
Docket (AGC-200), Airspace Docket No. 92-AWA-6, 800 Independence 
Avenue, SW., Washington, DC 20591.
    The official docket may be examined in the Rules Docket, Office of 
the Chief Counsel, room 916, 800 Independence Avenue, SW., Washington, 
DC, weekdays, except Federal holidays, between 8:30 a.m. and 5 p.m. An 
informal docket may also be examined during normal business hours at 
the office of the Regional Air Traffic Division.

FOR FURTHER INFORMATION CONTACT: Mr. Lewis W. Still, 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) 267-9250.

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 the airspace docket number and be 
submitted in triplicate to the address listed above. Commenters wishing 
the FAA to acknowledge receipt of their comments on this notice must 
submit with those comments a self-addressed, stamped postcard on which 
the following statement is made: ``Comments to Airspace Docket No. 92-
AWA-6.'' 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 notice may be changed 
in light of comments received. All comments submitted will be available 
for examination in the Rules 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 also be filed in 
the docket.

Availability of NPRM's

    Any person may obtain a copy of this Notice of Proposed Rulemaking 
(NPRM) by submitting a request to the Federal Aviation Administration, 
Office of Public Affairs, Attention: Public Inquiry Center, APA-220, 
800 Independence Avenue, SW., Washington, DC 20591, or by calling (202) 
267-3485. Communications must identify the notice number of this NPRM. 
Persons interested in being placed on a mailing list for future NPRM's 
should also request a copy of Advisory Circular No. 11-2A, Notice of 
Proposed Rulemaking Distribution System, which describes the 
application procedure.

Related Rulemaking Actions

    On May 21, 1970, the FAA published Amendment 91-78 to part 91 of 
the Federal Aviation Regulations (35 FR 7782), which provided for the 
establishment of Terminal Control Areas (TCA's).
    On February 3, 1987, the FAA published a final rule that 
established requirements pertaining to the use, installation, 
inspection, and testing of Air Traffic Control Radar Beacon System 
(ATCRBS) and Mode S transponders in U.S.-registered civil aircraft (53 
FR 3380). The rule did not affect the requirement to have an operable 
transponder in a TCA.
    On June 21, 1988, the FAA published a final rule that requires 
aircraft to have Mode C equipment when operating below 10,000 feet MSL 
within 30 nautical miles of any designated TCA primary airport, except 
for those aircraft not originally certified with an engine driven 
electrical system or which have not subsequently been certified with 
such a system installed (53 FR 23356).
    On October 14, 1988, the FAA published a final rule that revised 
the classification and pilot/equipment requirements for conducting 
operations in a TCA (53 FR 40318). Specifically, the rule: (a) 
Established a single-class TCA; (b) requires the pilot-in-command of a 
civil aircraft operating within a TCA to hold at least a private pilot 
certificate, except for a student pilot who has received certain 
documented training; and (c) eliminated the helicopter exception from 
the minimum navigational equipment requirement.
    On December 17, 1991, the FAA published a final rule on airspace 
reclassification (56 FR 65655). As a result of this reclassification, 
that airspace formerly referred to as the Charlotte, NC, Terminal 
Control Area was reclassified to Charlotte, NC, Class B airspace area, 
effective September 16, 1993.

Background

    The Class B airspace area (Terminal Control Area prior to September 
16, 1993) program was developed to reduce the midair collision 
potential in the congested airspace surrounding airports with high 
density air traffic by providing an area in which all aircraft will be 
subject to certain operating rules and equipment requirements. The 
density of traffic and the types of operations being conducted in the 
airspace surrounding major terminals increase the probability of midair 
collisions. In 1970, an extensive study found that the majority of 
midair collisions occurred between a general aviation (GA) aircraft and 
an air carrier, military or another GA aircraft. The basic causal 
factor common to these conflicts was the mix of uncontrolled aircraft 
operating under visual flight rules (VFR) and controlled aircraft 
operating under instrument flight rules (IFR). Class B airspace areas 
provide a method to accommodate the increasing number of IFR and VFR 
operations. The regulatory requirements of Class B airspace area afford 
the greatest protection for the greatest number of people by giving air 
traffic control (ATC) increased capability to provide aircraft 
separation service, thereby minimizing the mix of controlled and 
uncontrolled aircraft. To date, the FAA has established a total of 29 
Class B airspace area designations. The FAA is proposing to take action 
to modify or implement additional Class B airspace area, to provide 
greater protection of air traffic in the airspace regions most commonly 
used by passenger-carrying aircraft.

Pre-NPRM Public Input

    The North Carolina State Department of Transportation, Division of 
Aviation, coordinated the establishment and oversight of an ad hoc 
committee to develop a viable Class B airspace area design 
recommendation. Representation from airport users and local aviation 
groups, including those that participated in the original Terminal 
Control Area ad hoc committee, was solicited and attained. Local 
control tower facility representatives provided technical input to the 
ad hoc committee. The committee's comments and recommendations were 
forwarded to the FAA's Southern Region for evaluation, on February 19, 
1992, for review and incorporated into the proposed Charlotte, Class B 
airspace area modification. As announced in the Federal Register, 57 FR 
14745, April 22, 1992, pre-NPRM airspace meetings were held on June 17 
and 18, 1992, at the North Carolina Air National Guard Dining Facility, 
to allow other local interested airspace users an opportunity to 
provide input to the proposed Charlotte, Class B airspace area 
modification. As a result of those informal airspace meetings, seven 
letters were received from aviation organizations, soaring 
organizations and private citizens. The ad hoc committee report, 
letters submitted to the FAA, and the minutes of both airspace meetings 
are contained in the FAA airspace docket. The context of these letters, 
airspace meeting comments/concerns, and the FAA's findings, are 
summarized as follows:

    1. Some persons were disappointed because they were not selected 
to be members of the ad hoc committee. The ad hoc committee members 
were chosen by the committee chairman, Mr. J.L. Bondurant, under the 
oversight of the North Carolina State DOT, Aviation Division. All 
significant aviation interests were represented by the committee. 
Any persons who did not participate on the committee had the 
opportunity during this phase to express their views for the FAA's 
consideration.
    2. The Aircraft Owners and Pilots Association (AOPA) requested 
that the Class B airspace area altitude be lowered from 10,000 feet 
MSL to 8,000 feet MSL. The FAA rejected that proposal. Lowering the 
ceiling of the Class B airspace area would encourage VFR flight over 
the Class B airspace area between 8,000 feet MSL and 10,000 feet 
MSL, especially east/west operations. Should VFR pilots begin 
operating in that area, they would encounter heavy arrival and 
departure traffic within 15 miles of the Charlotte/Douglas 
International Airport. Traffic routinely descends on the downwind 
leg of the landing pattern, from altitudes above 8,000 feet MSL. 
Additionally, VFR pilots would conflict with traffic on VOR Federal 
Airway V-37, a route commonly used for IFR operations into and out 
of the Class B airspace area.
    3. One commenter stated that lowering the floor of the Class B 
airspace area from 6,000 feet MSL to 3,600 feet MSL within the 20 to 
25 mile segment north and south of the airport would allow placement 
of aircraft at a dangerously low altitude a long way from the 
runway. Aircraft outside the existing Class B airspace area are at 
these altitudes because of the requirements necessary to conduct 
simultaneous instrument approaches to parallel runways within the 
Class B airspace area. Under those approach procedures, it is not 
unusual or dangerous to have aircraft at these altitudes and 
distances on the final approach course.
    4. Members of the Soaring Association proposed that the Class B 
airspace area not be amended until actual air traffic growth 
warrants further change. They also questioned whether more airspace 
would increase the airport's ability to handle a higher number of 
aircraft. The decision to propose modifying the Class B airspace 
area was based on the current air traffic growth and operational 
requirements (See discussion of specific growth figures later in 
this document). At times, aircraft cross the boundary of the Class B 
airspace area during simultaneous instrument approaches to parallel 
runways. Since modification is being pursued at this time for 
operational reasons, it is desirable for the FAA to consider all 
factors, including future airport and air traffic growth forecast.
    5. Several commenters noted that other existing Class B airspace 
areas have primary airports with runway configurations similar to 
Charlotte/Douglas International, and the Class B airspace area does 
not extend beyond 20 miles in any direction. The commenters stated 
that, because the runway configuration of the Charlotte/Douglas 
International Airport is similar to those other primary airports, 
the FAA's proposal, which includes Class B airspace area out to 30 
miles, is inappropriate. The FAA's responsibility is to manage 
effectively the airspace surrounding the Charlotte area, while 
providing the requisite level of safety. Comparison with other 
airports is generally inappropriate, since no two airports are the 
same. Each Class B airspace area must be site specific; and to meet 
the operational needs of the Charlotte area, the Charlotte Class B 
airspace area is required to extend out to 30 nautical miles.
    6. The Chester Soaring Association questioned the need to modify 
the airspace to accommodate simultaneous instrument approaches that 
occur less than 50 percent of the time. Regardless of the percentage 
of use, it is unacceptable to the FAA to have any aircraft routinely 
vectored beyond the boundaries of the Class B airspace area into 
airspace where aircraft separation is not provided to all aircraft.
    7. The Chester Soaring Association also objected to lowering the 
Class B airspace area floor southwest and southeast of the airport 
from 8,000 feet MSL to 6,000 feet MSL. It also shared the opinion of 
the Soaring Society of America that lowering the floor of the Class 
B airspace area will render the Chester Soaring site unusable for 
competition. The proposed design was submitted by the ad hoc 
committee as a means of containing aircraft descending on base leg, 
within the Class B airspace area while conducting simultaneous 
instrument approaches. While the FAA understands the concerns of the 
soaring community, those concerns can be accommodated only to the 
extent that they do not compromise the FAA's ability to manage 
efficiently the Charlotte Class B airspace area and provide the 
optimum level of safety to the flying public.
    All comments were considered in developing the proposal to 
modify the Class B airspace area. If these modifications are 
adopted, the revised Charlotte Class B airspace area chart will 
depict VFR flyways and specific access instructions to facilitate 
alternatives to flight within the Class B airspace area.

The Proposal

    The FAA proposes to amend part 71 of the Federal Aviation 
Regulations (14 CFR part 71) to modify the existing Charlotte Class B 
airspace area, based on safety and operational needs. The FAA's 
responsibility is to manage efficiently the airspace surrounding the 
Charlotte area while providing the optimum level of safety to the 
flying public. The number of enplaned passengers at Charlotte/Douglas 
International Airport was 7,784,047 in 1991 and 8,425,447 in 1992, an 
increase of 8.2 percent. The airport operations were 440,956 in 1991 
and 466,351 in 1992, more than a 5.8 percent increase in traffic.
    Section 91.131 of part 91 of the Federal Aviation Regulations (14 
CFR 91.131) prescribes rules for aircraft operating in airspace 
designated as a Class B airspace area. The Class B airspace area rule 
provides, in part, that prior to entering the Class B airspace area, 
any pilot at any airport within the Class B airspace area or flying 
through the Class B airspace area must: (1) Obtain appropriate 
authorization from ATC; (2) comply with applicable procedures 
established by ATC for pilot training operations at an airport within a 
Class B airspace area; and (3) hold at least a private pilot 
certificate or meet the requirements of Sec. 61.95 of the Federal 
Aviation Regulations (14 CFR 61.95), if the aircraft is operated by a 
student pilot.
    Any person operating an aircraft within a Class B airspace area 
must have the aircraft equipped with an operable two-way radio capable 
of communications with ATC on appropriate frequencies for that Class B 
airspace area, and the applicable operating transponder and automatic 
altitude-reporting equipment specified in paragraph (b)(1) of 
Sec. 91.215 of the Federal Aviation Regulations. Unless otherwise 
authorized by ATC, all large, turbine-powered aircraft operating to or 
from a Class B airspace area-primary airport must be operated at or 
above the designated floors of the Class B airspace area while within 
the lateral limits of the Class B airspace area. The pilot of any 
aircraft departing from an airport located within the surface area of a 
Class B airspace area is required to receive a clearance from ATC prior 
to takeoff.
    All aircraft operating within a Class B airspace area are required 
to comply with all ATC clearances and instructions. However, ATC may 
authorize deviations from any of the operating requirements of the rule 
when safety considerations justify the deviation. Ultralight vehicle 
operations and parachute jumps in a Class B airspace area may only be 
conducted under the terms of an ATC authorization. Definitions and 
operating requirements applicable to Class B airspace area may be found 
in 14 CFR 71.41, 91.1, 91.117, 91.131, 91.215, SFAR No. 62, and 
appendix D to part 91 of the FAR.
    The standard configuration of a Class B airspace area consists of 3 
concentric circles centered on the primary airport extending to 10, 20, 
and 30 nautical miles respectively. Generally, the vertical limits of 
the Class B airspace are 10,000 feet MSL, with the floor established at 
the surface in the inner area and at levels appropriate to containment 
of operations in the outer areas. Variations of these criteria may be 
necessary contingent upon terrain, adjacent regulatory airspace, and 
other factors unique to the terminal area. The site specific airspace 
configuration proposed herein is the result of an extensive FAA study, 
conducted after obtaining public input through an ad hoc committee, 
informal airspace meetings and written comments. Copies of the report 
of this study are contained in the FAA docket and are available on 
request. The FAA has determined that the proposed alteration of 
airspace for the Charlotte Class B airspace area would be consistent 
with Class B airspace area objectives. The proposed configuration 
considers the present terminal area flight operations and terrain.
    The following proposed modification of the Charlotte Class B 
airspace area reflects public comments and user group inputs:
    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.
    This airspace is necessary to contain large turbine-powered 
aircraft within the Class B airspace area, while operating to and from 
the primary airport, and allow for ingress/egress to secondary 
airports.
    Area B. That airspace extending upward from 1,800 feet MSL to and 
including 10,000 feet MSL between the 7- and 11-mile radius of the 
Charlotte VOR/DME, excluding that airspace within a 2-mile radius of 
the Gastonia Airport.
    This airspace is required for vectoring aircraft arriving at, and 
departing from, the primary airport.
    Area C. That airspace extending upward from 3,600 feet MSL to and 
including 10,000 feet MSL between the 11- and 25-mile radius of the 
Charlotte VOR/DME, including that airspace within a 2-mile radius of 
the Gastonia Airport, excluding that airspace within and below Areas D, 
E, and F hereinafter described.
    This airspace configuration would provide an area to contain 
aircraft during climb and descent transition maneuvers between the 
terminal and enroute structures.
    Area D. That airspace extending upward from 4,600 feet MSL to and 
including 10,000 feet MSL between the 20- and 25-mile radius northwest 
of the Charlotte VOR/DME, bounded on the west by U.S. Highway 321, and 
bounded on the east by the Marshall Steam Plant Rail Spur; and that 
airspace between the 20- and 25-mile radius southwest of the Charlotte 
VOR/DME, bounded on the east by U.S. Highway 21, and bounded on the 
west by a line due south from the Charlotte VOR/DME 218 deg. radial 20-
mile fix to the intersection of the 25-mile arc.
    This airspace is required to provide an area to contain aircraft 
using Charlotte/Douglas International Airport during profile descent. 
The proposed floor would allow sufficient airspace for VFR operations 
underneath the Class B airspace area.
    Area E. That airspace extending upward from 6,000 feet MSL to and 
including 10,000 feet MSL beginning at lat. 35 deg.36'30'' N., long. 
80 deg.57'45'' W., extending counterclockwise on the 25-mile arc of the 
Charlotte VOR/DME to U.S. Highway 321, thence south on U.S. Highway 321 
until intercepting the 20-mile arc southwest of the Charlotte VOR/DME, 
thence counterclockwise on the 20-mile arc to the 218 deg. radial of 
the Charlotte VOR/DME, thence due south to the intersection of the 25-
mile arc of the Charlotte VOR/DME, thence due west until intercepting 
the 218 deg. radial of the Charlotte VOR/DME, thence southwest on the 
218 deg. radial to the 30-mile fix, thence clockwise on the 30-mile arc 
to the 328 deg. radial of the Charlotte VOR/DME, thence direct to the 
point of beginning, excluding that airspace between the 20- and 30-mile 
radius of the Charlotte VOR/DME between the 242 deg. radial of the 
Charlotte VOR/DME clockwise to the 293 deg. radial; and that airspace 
beginning at lat. 35 deg.36'30'' N., long. 80 deg.57'45'' W., extending 
clockwise on the 25-mile arc of the Charlotte VOR/DME to long. 
80 deg.46'00'' W., thence due south to the 20-mile arc northeast of the 
Charlotte VOR/DME, thence clockwise on the 20-mile arc to the 081 deg. 
radial of the Charlotte VOR/DME, thence west along the 081 deg. radial 
to the 11-mile fix from the Charlotte VOR/DME, thence direct to the 
Charlotte VOR/DME 147 deg. radial 25-mile fix, thence clockwise on the 
25-mile arc to the intersection of U.S. Highway 21, thence direct to 
the Charlotte VOR/DME 147 deg. radial 30-mile fix, thence 
counterclockwise on the 30-mile arc to the Charlotte VOR/DME 025 deg. 
radial, thence direct to the point of beginning, excluding that 
airspace east of U.S. Highway 601 between the Charlotte VOR/DME 
062 deg. radial clockwise to the 120 deg. radial.
    This airspace is required to provide an area to contain aircraft 
descending into the Charlotte/Douglas International Airport. The 
proposed boundaries would allow sufficient airspace for VFR aircraft 
operations outside the Class B airspace area.
    Area F. That airspace extending upward from 8,000 feet MSL to and 
including 10,000 feet MSL between the 20- and 25-mile radius of the 
Charlotte VOR/DME from the 242 deg. radial clockwise to the 293 deg. 
radial of the Charlotte VOR/DME; and that airspace between the 20- and 
25-mile radius from the Charlotte VOR/DME between the 062 deg. radial 
of the Charlotte VOR/DME clockwise to the 120 deg. radial and east of 
U.S. Highway 601.
    This airspace is necessary to provide descent profile for aircraft 
en route to Charlotte/Douglas International Airport and to allow 
sufficient airspace to VFR operations at area airports.
    The preceding summary of the proposed alteration to the Class B 
airspace area configuration identifies that airspace which is necessary 
to contain large turbojet aircraft operations at the Charlotte/Douglas 
International Airport. ATC would provide control and separation service 
for all flights within the proposed airspace boundaries. Furthermore, 
ATC clearance is required for aircraft operations within that airspace. 
Modifying this Class B airspace area would greatly enhance the safety 
of flight within the congested airspace overlying the Charlotte 
metropolitan area by facilitating the separation of controlled and 
uncontrolled flight operations.
    Class B airspace area designations are published in Paragraph 3000 
of FAA Order 7400.9A, dated June 17, 1993, and effective September 16, 
1993, and is incorporated by reference in 14 CFR 71.1 (58 FR 36298), 
July 6, 1993. The Class B airspace area designation listed in this 
document would be published subsequently in the order.

Regulatory Evaluation

    In keeping with the ``principles of regulation'' contained in 
Executive Order 12866, this section summarizes the regulatory 
evaluation prepared by the FAA on the proposed amendment to 14 CFR part 
71--to alter the Charlotte, Class B airspace area, Charlotte, NC. The 
full regulatory evaluation, contained in the docket, assesses and 
quantifies, to the extent practicable, estimated costs and anticipated 
benefits to the private sector, consumers, and Federal, state, and 
local governments. Additionally, the FAA has determined that this 
proposed rule is not a ``significant regulatory action''.
    Operational requirements mandate that the Class B airspace area 
shelves be lowered between 20 and 25 nautical miles of the Charlotte/
Douglas International Airport (CLT) to more easily accommodate large 
turbine-powered aircraft operating in the Class B airspace area. This 
situation is particularly critical when conducting simultaneous ILS 
operations due to the present lack of maneuvering airspace for aircraft 
on final approach to CLT or taking off from CLT.
    The proposed modifications of the Charlotte Class B airspace area 
are the result of a staff study conducted by the local FAA authority. 
The staff's goal was to determine a better Class B airspace area design 
that would provide greater safety for aircraft operating to and from 
CLT. The airspace design reflects user feedback and information 
obtained during Informal Airspace Meetings held June 17 and 18, 1992 at 
the North Carolina Air National Guard Facility at Charlotte Douglas 
International Airport.
    The proposed modifications were chosen after reviewing three 
options. The FAA does not recommend the first option, to retain the 
existing Class B airspace area design, because the area boundaries do 
not conform to current guidelines for regulated airspace at busier 
terminal facilities (FAA Order 7400.2), nor do these boundaries provide 
the necessary Class B airspace area to handle levels of traffic 
experienced today and projected for the future. The second option, 
which is also not recommended, would modify the existing Class B 
airspace area to the standard configuration as contained in FAA Order 
7400.2. This option does not have any visual references and the amount 
of airspace involved would be greater than needed. The FAA chose the 
third option, which would establish a site specific Class B airspace 
area configuration based on the operational needs of the Air Traffic 
facility and input from the Charlotte Class B airspace area ad hoc 
committee. This option provides necessary Class B airspace area that 
would contain Charlotte present and future traffic flows. It would also 
minimize the impact on airspace users and would also enhance the visual 
means for boundary definition. Finally, it would provide airspace below 
the floor of the Class B airspace area for VFR operators desiring to 
remain clear of the Class B airspace area. It would, however, require 
site-specific charting, and a non-standard design would require 
heightened area awareness by users. It would also establish controlled 
airspace where it currently does not exist thereby impacting some 
users.

Cost Analysis

    The proposed rule would impose little or no administrative costs to 
the FAA. Additional personnel and equipment are not needed to implement 
this rule. The FAA's controller workforce would be trained in the 
aspects and procedures of the proposed Class B airspace area during 
regularly scheduled briefing sessions at no additional costs to the 
FAA.
    The Charlotte Sectional Chart and the Charlotte Terminal Area Chart 
would have to be revised, but the FAA would make these changes when 
those charts are routinely updated. These changes are considered part 
of the ordinary cost of chart revision, and therefore, the FAA would 
incur no additional costs. Because pilots normally use current charts, 
they should not incur any additional charting costs either; as the 
charts become obsolete, pilots should replace them with charts that 
depict the modified Class B airspace area.
    The proposed rule would impose little costs to VFR users for 
several reasons. The FAA expects that Lincolnton, Jaars/Townsend, and 
Lake Norman airports would be the only public airports affected by the 
lower floor. North of Charlotte, the Class B airspace area floor would 
change from 6,000 feet to 4,600 feet (over Lincolnton) and would create 
a 6,000 foot floor over Lake Norman. South of Charlotte, the Jaars/
Townsend airport would be affected by the floor of the Class B airspace 
area changing from 6,000 feet to 3,600 feet. Those pilots who currently 
use this airspace and wish to remain free of Class B airspace area 
control would incur circumnavigational costs. However, the added time 
and cost to circumnavigate is expected to be minimal. Those pilots who 
continue to operate in this airspace by participating in the Charlotte, 
Class B airspace area would be inconvenienced.
    VFR operators who do not routinely fly inside the Charlotte, Class 
B airspace area may be potentially inconvenienced by having to 
participate in the Class B airspace area, (i.e., contact ATC and follow 
operational rules), if they operate in the areas of proposed Class B 
airspace area expansion. The FAA believes that most VFR operators would 
not be significantly inconvenienced because they are already 
participating in the Class B airspace area, either by voluntarily 
contacting ATC when in areas adjacent to or under the Class B airspace 
area by monitoring ATC frequencies.
    Those aircraft operators who wish to avoid the Class B airspace 
area could face circumnavigational costs in those areas where the floor 
would be lowered north and south of the airport. However, the FAA 
believes that the costs would be negligible. Nevertheless, the FAA 
welcomes comments from those individuals that could potentially be 
affected by increased circumnavigational costs.
    Finally, sailplane pilots, such as those representing the Chester 
Soaring Association, could face increased costs by having to relocate 
to a new airport should they not be able to fly at Chester. In general, 
these users could incur costs if the FAA determines that a desired 
level of safety to the flying public could not be maintained if 
sailplanes are permitted in the proposed Class B airspace area. 
Sailplane pilots who use the Chester, SC airport may have to drive 
longer distances and incur added transportation costs before they can 
assemble and fly their gliders. In addition, the local economies of 
Chester and Charlotte may be adversely affected by those pilots and 
families who attend major national-level contests at Chester.
    However, under this proposed rule, the FAA would try to accommodate 
users of sailplanes even though soaring activities are somewhat random 
and unpredictable (as they are dependent upon thermals and other 
weather conditions). These users would be accommodated through Letter 
of Agreement procedures. These procedures should allow all parties use 
of the airspace provided that an optimum level of safety to the flying 
public is maintained.

Benefit Analysis

    The proposed rule is expected to enhance safety by reducing the 
risk of midair collisions. The risk of a midair collision would be 
reduced by increasing the controlled airspace around Charlotte, North 
Carolina.
    Due to the proactive nature of the proposed changes, the potential 
safety benefits are difficult to quantify in monetary terms. Aircraft 
operations within the present configuration of the Charlotte, Class B 
airspace area have increased since the Class B airspace area was 
created and the airspace has become more complex (a greater mix of 
large turbine-powered air carrier aircraft with other aircraft of 
varying performance characteristics). In addition, future operations 
are projected to increase.
    Fortunately, there have been no midair collisions within the 
Charlotte, Class B airspace area. Without the experience of an actual 
midair collision, estimating the probability of a potential occurrence 
in the absence of a proposed rule cannot be reliably determined. Due to 
the projected increase in traffic (see earlier discussion), there is a 
potential safety problem, although it is not yet critical. Without the 
proposed rule, aviation safety in the Charlotte area could be reduce in 
the future, which could lead to catastrophic consequences.

Comparison of Costs and Benefits

    The precise reduction in the risk of a midair collision avoided by 
the proposed rule and its monetary values cannot be estimated at the 
present time. However, system efficiency would be improved and safety 
enhanced. In view of the negligible costs of the proposed rule, coupled 
with benefits in the form of enhanced safety to all aircraft operators, 
the FAA believes the proposed rule would be cost-beneficial.

Conclusion

    The precise reduction in the risk of a midair collision 
attributable to the proposed rule and the associated monetary values 
cannot be estimated at the present time. However, system efficiency 
would be improved and safety would be enhanced. In view of the 
negligible costs of the proposed rule, coupled with non-quantifiable 
benefits in the form of enhanced safety to all aircraft operators, the 
FAA believes the proposed rule would be cost-beneficial. An initial 
regulatory evaluation of the proposal, including a Regulatory 
Flexibility Determination, has been placed in the docket.

Initial Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (RFA) ensures that small 
entities are not unnecessarily and disproportionately burdened by 
Government regulations. The RFA requires agencies to review rules that 
may have a significant economic impact on a substantial number of small 
entities.
    The small entities that the proposed rule could potentially affect 
are unscheduled operators of aircraft for hire owning nine or fewer 
aircraft. These unscheduled air taxi operators would be affected only 
when they were not operating under VFR. These operators fly regularly 
into airports with established radar approach control services. The FAA 
believes that unscheduled air taxi operators are already equipped to 
fly IFR. Because they can fly IFR instead of VFR, the proposed rule 
would not have a significant economic impact on any of them.

International Civil Aviation Organization and Joint Aviation 
Regulations

    In keeping with the U.S. obligations under the Convention on 
International Civil Aviation (ICAO), it is FAA policy to comply with 
ICAO Standards and Recommended Practices (SARP) to the maximum extent 
practicable. For this notice, the FAA has determined that this 
proposal, if adopted, would not present any differences.

International Trade Impact Assessment

    This proposed rule is not anticipated to affect the import of 
foreign products or services into the United States or the export of 
U.S. products or services to foreign countries.

Federalism Implications

    This proposed rule would 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 (52 FR 41685; October 30, 1987), it is determined that this 
proposed rule does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.

Paperwork Reduction Act

    This proposed rule contains no information collection requests 
requiring approval of the Office of Management and Budget pursuant to 
the Paperwork Reduction Act (44 U.S.C. 3507 et seq.).

Conclusion

    For the reasons discussed in the preamble, and based on the 
findings in the Regulatory Flexibility Determination and the 
International Trade Impact Analysis, the FAA has determined that this 
regulation is not a ``significant regulatory action'' under Executive 
Order 12866. In addition, the FAA certifies that this regulation will 
not have a significant economic impact, positive or negative, on a 
substantial number of small entities under the criteria of the 
Regulatory Flexibility Act. This regulation is not considered 
significant under Order DOT 2100.5, Policies and Procedures for 
Simplification, Analysis and Review of Regulations. A final regulatory 
evaluation of the regulation, including a final Regulatory Flexibility 
Determination and International Trade Impact Analysis has been placed 
in the docket. A copy may be obtained by contacting the person 
identified under FOR FURTHER INFORMATION CONTACT.

List of Subjects in 14 CFR Part 71

    Airspace, Federal Aviation Administration, Navigation (Air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend part 71 of the Federal Aviation 
Regulations (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 3000--Subpart B--Class B Airspace
* * * * *
ASO NC B Charlotte, NC [Revised]
Charlotte/Douglas International Airport (Primary Airport)
    (lat. 35 deg.12'52'' N., long. 80 deg.56'37'' W.).
Charlotte/Douglas VOR/DME
    (lat. 35 deg.11'25'' N., long. 80 deg.57'06'' W.).
Gastonia Airport
    (lat. 35 deg.12'00'' N., long. 81 deg.09'00'' W.).

    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 between the 7- and 11-mile radius of 
the Charlotte VOR/DME, excluding that airspace within a 2-mile 
radius of the Gastonia Airport.
    Area C. That airspace extending upward from 3,600 feet MSL to 
the including 10,000 feet MSL between the 11- and 25-mile radius of 
the Charlotte VOR/DME, including that airspace within a 2-mile 
radius of the Gastonia Airport, excluding that airspace within and 
below Areas D, E, and F hereinafter described.
    Area D. That airspace extending upward from 4,600 feet MSL to 
and including 10,000 feet MSL between the 20- and 25-mile radius 
northwest of the Charlotte VOR/DME, bounded on the west by U.S. 
Highway 321, and bounded on the east by the Marshall Steam Plant 
Rail Spur; and that airspace between the 20- and 25-mile radius 
southwest of the Charlotte VOR/DME, bounded on the east by U.S. 
Highway 21, and bounded on the west by a line due south from the 
Charlotte VOR/DME 218 deg. radial 20-mile fix to the intersection of 
the 25-mile arc.
    Area E. That airspace extending upward from 6,000 feet MSL to 
and including 10,000 feet MSL beginning at lat. 35 deg.36'30'' N., 
long. 80 deg.57'45'' W., extending counterclockwise on the 25-mile 
arc of the Charlotte VOR/DME to U.S. Highway 321, thence south on 
U.S. Highway 321 until intercepting the 20-mile arc southwest of the 
Charlotte VOR/DME, thence counterclockwise on the 20-mile arc to the 
218 deg. radial of the Charlotte VOR/DME, thence due south to the 
intersection of the 25-mile arc of the Charlotte VOR/DME, thence due 
west until intercepting the 218 deg. radial of the Charlotte VOR/
DME, thence southwest on the 218 deg. radial to the 30-mile fix, 
thence clockwise on the 30-mile arc to the 328 deg. radial of the 
Charlotte VOR/DME, thence direct to the point of beginning, 
excluding that airspace between the 20- and 30-mile radius of the 
Charlotte VOR/DME between the 242 deg. radial of the Charlotte VOR/
DME clockwise to the 293 deg. radial; and that airspace beginning at 
lat. 35 deg.36'30'' N., long 80 deg.57'45'' W., extending clockwise 
on the 25-mile arc of the Charlotte VOR/DME to long. 80 deg.46'00'' 
W., thence due south to the 20-mile arc northeast of the Charlotte 
VOR/DME, thence clockwise on the 20-mile arc to the 081 deg. radial 
of the Charlot VOR/DME, thence west along the 081 deg. radial to the 
11-mile fix from the Charlotte VOR/DME, thence direct to the 
Charlotte VOR/DME 147 deg. radial 25-mile fix, thence clockwise on 
the 25-mile arc to the intersection of U.S. Highway 21, thence 
direct to the Charlotte VOR/DME 147 deg. radial 30-mile fix, thence 
counterclockwise on the 30-mile arc to the Charlotte VOR/DME 
025 deg. radial, thence direct to the point of beginning, excluding 
that airspace east of U.S. Highway 601 between the Charlotte VOR/DME 
062 deg. radial clockwise to the 120 deg. radial.
    Area F. That airspace extending upward from 8,000 feet MSL to 
and including 10,000 feet MSL between the 20- and 25-mile radius of 
the Charlotte VOR/DME from the 242 deg. radial clockwise to the 
293 deg. radial of the Charlotte VOR/DME; and that airspace between 
the 20- and 25-mile radius from the Charlotte VOR/DME between the 
062 deg. radial of the Charlotte VOR/DME clockwise to the 120 deg. 
radial and east of U.S. Highway 601.
* * * * *
    Issued in Washington, DC, February 17, 1994.
Harold W. Becker,
Manager, Airspace--Rules and Aeronautical Information Division.
[FR Doc. 94-4714 Filed 3-1-94; 8:45 am]
BILLING CODE 4910-13-M