[Federal Register Volume 59, Number 48 (Friday, March 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5775]
[[Page Unknown]]
[Federal Register: March 11, 1994]
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Part III
Department of Transportation
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Federal Aviation Administration
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14 CFR Part 91
Airspace Reclassification; Final Rule
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 91
[Docket No. 27633; Amendment No. 91-239]
Airspace Reclassification
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action reinstates the requirement for pilots to establish
and maintain two-way radio communications with an operating control
tower in Class E and Class G airspace areas. This action also adds a
paragraph to Sec. 91.130 of the Federal Aviation Regulations (FAR), for
simplification and clarification, that allows an aircraft operator to
deviate from any provision of Sec. 91.130 under the provisions of an
air traffic control (ATC) authorization. This action is necessary to
reinstate and clarify certain operating rules that existed prior to the
Airspace Reclassification final rule, which became effective September
16, 1993.
EFFECTIVE DATE: This amendment is effective on March 11, 1994.
FOR FURTHER INFORMATION CONTACT:Ms. Ellen Crum, Air Traffic Rules
Branch, ATP-230, Airspace-Rules and Aeronautical Information Division,
Federal Aviation Administration, 800 Independence Avenue SW.,
Washington, DC 20591, telephone (202) 267-8783.
SUPPLEMENTARY INFORMATION:
Background
On December 17, 1991, the FAA published a final rule on Airspace
Reclassification (56 FR 65638). This rule, effective September 16,
1993, in pertinent part, reclassified control zones for airports with
operating airport traffic control towers (ATCT) and airport traffic
areas as Class D airspace areas. Further, the rule required two-way
radio communication with air traffic control in these Class D airspace
areas.
Discussion
The Airspace Reclassification final rule requires two-way
communication with ATCT located in Class B, C, and D airspace only. The
rule deleted the requirement for pilots to establish two-way radio
communications with the ATCT's (including temporary ATCT established
for special aviation and emergency activities) located in areas other
than Class B, C, or D airspace, i.e., Class E and G airspace. This was
not the intent of the FAA.
An ATCT is established when the traffic volume and complexity
warrants the need for increased services and safety. At the time the
Airspace Reclassification final rule was promulgated, it was assumed
that those pilots operating at airports within Class E and Class G
airspace would establish radio contact with the ATCT. Additionally, the
ATCT's located outside Class B, C, or D airspace were considered to
have minimal levels of traffic which would not create a safety problem
even though two-way communication was not mandatory. However, since the
final rule was published, the FAA has received reports of incidents
where pilots have not established communications with these ATCT's.
Unless all pilots are in communication with the ATCT, controllers are
unaware of the intentions of each aircraft, and may be unable to
provide ATC services and safety advisories. Therefore, only by
requiring pilots to communicate with an operating ATCT can safety be
enhanced for pilots operating on or in the vicinity of an airport. This
action reinstates the communication requirement for aircraft operating
at airports where there is an operating ATCT, as existed in Sec. 91.129
to September 16, 1993.
The Terminal Airspace Reclassification project required numerous
amendments to the FAR's. Specifically, Sec. 91.130, ``Operations in
Class C Airspace'' of the FAR was one of the affected rules. Previous
to the Airspace Reclassification final rule, Sec. 91.130 included a
paragraph which allowed for deviations from any provision of this
section under the provisions of an ATC authorization issued by the ATC
facility having jurisdiction over the airport radar service area. This
paragraph now appears only in Sec. 91.129; Sec. 91.130 includes a
statement which requires the reader to refer back to Sec. 91.129 in
order to obtain a complete understanding of the rule. This action makes
the ``deviation'' information more accessible to the reader and will
replicate the current Sec. 91.130 as closely as practicable to the pre-
Airspace Reclassification version.
The Rule
This action enhances the safety of certain aircraft operations in
Class E and Class G airspace and continues the intent of the regulation
which existed prior to September 16, 1993. Specifically, this rule adds
Sec. 91.126(d) and Sec. 91.127(c) requiring all aircraft to establish
two-way radio communications with an ATCT when operating an aircraft
to, from, through, or on an airport having an operational control
tower. In addition, this action amends Sec. 91.130, making the
``deviation'' information more accessible to the reader, and
replicating the current Sec. 91.130 as closely as practicable to the
pre-Airspace Reclassification version.
Conclusion
The FAA has determined that this action: (1) Is not a ``significant
regulatory action'' under Executive Order 12866; (2) is not a
``significant rule'' under Department of Transportation Regulatory
Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does
not warrant preparation of a regulatory evaluation as the anticipated
impact is so minimal. 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 of 1980.
In the interest of flight safety, the public needs to be made
immediately aware of the requirement for pilots to establish and
maintain two-way radio communications with operating ATCT's that are
located in Class E or G airspace areas. Therefore, I find that notice
and public procedures under 5 U.S.C. 553(b) are impracticable and
contrary to the public interest. Further, the FAA finds good cause,
pursuant to 5 U.S.C. 553(d), for making this amendment effective in
less than 30 days to promote the safe and efficient handling of air
traffic in these airspace areas.
List of Subjects in 14 CFR Part 91
Air traffic control, Aircraft, Airmen, Airports, Aviation safety.
Adoption of the Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends part 91 of the Federal Aviation Regulations (14
CFR part 91) as follows:
PART 91--GENERAL OPERATING AND FLIGHT RULES
1. The authority citation for part 91 continues to read as follows:
Authority: 49 U.S.C. app. 1301(7), 1303, 1344, 1348, 1352
through 1355, 1401, 1421 through 1431, 1471, 1472, 1502, 1510, 1522,
and 2121 through 2125 articles 12, 29, 31, and 32(a) of the
Convention on International Civil Aviation (61 stat. 1180); 42
U.S.C. 4321 et seq; E.O. 11514, 35 FR 4247, 3 CFR, 1966-1970 Comp.,
p. 902; 49 U.S.C. 106(g).
2. Section 91.126 is amended by revising the introductory text in
paragraph (b) and adding paragraph (d) to read as follows:
Sec. 91.126 Operating on or in the vicinity of an airport in Class G
airspace.
* * * * *
(b) Direction of turns. When approaching to land at an airport
without an operating control tower in Class G airspace--
* * * * *
(d) Communications with control towers. Unless otherwise authorized
or required by ATC, no person may operate an aircraft to, from,
through, or on an airport having an operational control tower unless
two-way radio communications are maintained between that aircraft and
the control tower. Communications must be established prior to 4
nautical miles from the airport, up to and including 2,500 feet AGL.
However, if the aircraft radio fails in flight, the pilot in command
may operate that aircraft and land if weather conditions are at or
above basic VFR weather minimums, visual contact with the tower is
maintained, and a clearance to land is received. If the aircraft radio
fails while in flight under IFR, the pilot must comply with
Sec. 91.185.
3. Section 91.127 is amended by adding paragraph (c) to read as
follows:
Sec. 91.127 Operating on or in the vicinity of an airport in Class E
airspace.
* * * * *
(c) Communications with control towers. Unless otherwise authorized
or required by ATC, no person may operate an aircraft to, from,
through, or on an airport having an operational control tower unless
two-way radio communications are maintained between that aircraft and
the control tower. Communications must be established prior to 4
nautical miles from the airport, up to and including 2,500 feet AGL.
However, if the aircraft radio fails in flight, the pilot in command
may operate that aircraft and land if weather conditions are at or
above basic VFR weather minimums, visual contact with the tower is
maintained, and a clearance to land is received. If the aircraft radio
fails while in flight under IFR, the pilot must comply with
Sec. 91.185.
4. Section 91.130 is amended by adding paragraph (e) to read as
follows:
Sec. 91.130 Operations in Class C airspace.
* * * * *
(e) Deviations. An operator may deviate from any provision of this
section under the provisions of an ATC authorization issued by the ATC
facility having jurisdiction over the airspace concerned. ATC may
authorize a deviation on a continuing basis or for an individual
flight, as appropriate.
Issued in Washington, DC, on March 7, 1994.
L. Lane Speck,
Director, Air Traffic Rules and Procedures Service.
[FR Doc. 94-5775 Filed 3-10-94; 8:45 am]
BILLING CODE 4910-13-M