[Federal Register Volume 59, Number 126 (Friday, July 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15623]


[[Page Unknown]]

[Federal Register: July 1, 1994]


_______________________________________________________________________

Part V





Department of Transportation





_______________________________________________________________________



Federal Aviation Administration



_______________________________________________________________________



14 CFR Parts 71 and 93




Offshore Airspace Reconfiguration; Valparaiso, FL Terminal Area; 
Proposed Rule
DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 71 and 93

[Docket No. 26968; Notice No. 94-23]

 
Offshore Airspace Reconfiguration; Valparaiso, FL Terminal Area

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to retain the Valparaiso, Florida 
Terminal Area and Special Air Traffic Rules in part 93 of the FAR; 
amend the Class D airspace areas for Eglin Air Force Base (AFB), Eglin 
AF Auxiliary No. 3 Duke Field, and Hurlburt Field; amend the Crestview 
Class E airspace area; and delete the Eglin Class D North-South 
corridor. Additionally, the FAA proposes to modify the established 
North-South and East-West corridors associated with the Valparaiso, 
Florida Terminal Area and Eglin AFB in part 93 of the FAR. The FAA is 
proposing this action to simplify operating procedures, airspace 
assignment and airspace use. The intended effect of this proposed 
action is to continue to provide for the safe operational mix of 
military and civil aircraft within the Valparaiso, Florida Terminal 
Area.

DATES: Comments must be submitted on or before August 15, 1994.

ADDRESSES: Comments on this NPRM should be mailed, in triplicate, to: 
Federal Aviation Administration, Office of the Chief Counsel, 
Attention: Rules Docket (AGC-200), Docket No. 26968, 800 Independence 
Avenue SW., Washington, DC 20591. Comments delivered must be marked 
Docket No. 26968. The official docket may be examined in the Office of 
the Chief Counsel, Room 915G, weekdays, except Federal holidays, 
between 8:30 a.m. and 5:00 p.m., except on Federal holidays.

FOR FURTHER INFORMATION CONTACT:
Mr. Joseph C. White, Air Traffic Rules Branch, ATP-230, Airspace Rules 
and Aeronautical Information Division, Federal Aviation Administration, 
800 Independence Avenue SW., Washington, D.C. 20591; telephone (202) 
267-8783.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Comments relating to the environmental, energy, 
federalism, or economic impact that might result from adopting the 
proposals in this notice are also invited. Substantive comments should 
be accompanied by cost estimates. Comments should identify the 
regulatory docket or notice number and should be submitted in 
triplicate to the Rules Docket address specified above. All comments 
received on or before the closing date for comments specified will be 
considered by the Administrator before taking action on this proposed 
rulemaking. The proposals contained in this notice may be changed in 
light of comments received. All comments received will be available, 
both before and after the closing date for comments, in the Rules 
Docket for examination by interested persons. A report summarizing each 
substantive public contact with FAA personnel concerned with this 
rulemaking will be filed in the docket. Commenters wishing the FAA to 
acknowledge receipt of their comments submitted in response to this 
notice must include a pre-addressed, stamped postcard on which the 
following statement is made: ``Comment to Docket No. 26968.'' The 
postcard will be date stamped and mailed to the commenter.

Availability of NPRM's

    Any person may obtain a copy of this 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) 267-3484. Communications 
must identify the notice number of this NPRM.
    Persons interested in being placed on the mailing list for future 
NPRM's should request from the above office a copy of Advisory Circular 
No. 11-2A, Notice of Proposed Rulemaking Distribution System, which 
describes the application procedure.

Background

    The Offshore Airspace Reconfiguration Final Rule (58 FR 12128; 
March 2, 1993), which replaced the Valparaiso, Florida Terminal Area 
with the Eglin Florida Class D airspace area, became effective on 
December 9, 1993. This rule also amended part 71 of the FAR to revoke 
the Eglin AFB, Florida and the Eglin Air Force Auxiliary No. 3, Duke 
Field, Florida Class D airspace areas; modified the Hurlburt Field, 
Florida Class D airspace area and the Crestview, Florida Class E 
airspace area; and established the Eglin, Florida Class D North-South 
corridor. However, by a separate rulemaking action (58 FR 63274; 
November 30, 1993), this portion of the Offshore Airspace 
Reconfiguration Final Rule was delayed until December 8, 1994. This 
delay permitted the FAA and the Department of Defense (DOD) to conduct 
a micro-review of the effects of the airspace reclassification on this 
area. On December 8, 1994, the Valparaiso, Florida Terminal Area is 
scheduled to be replaced with the Eglin, Florida Class D airspace 
areas.

Need for Rulemaking

    The Eglin Florida Class D airspace area, as promulgated in the 
Offshore Airspace Reconfiguration Final Rule, provides for one airspace 
area for the North-South corridor and one for the East-West corridor. 
If the Eglin, Florida Class D airspace area becomes effective on 
December 8, 1994, civil aircraft would be required to establish and 
maintain two-way radio communications with the Eglin Radar Control 
Facility (ERCF), prior to entering the Eglin, Florida Class D airspace 
area. The ERCF would be required to provide class D services if 
workload or traffic conditions permit. However, if controller workload 
or traffic conditions prevent immediate availability of Class D 
services, the ERCF controllers would be required to inform the pilot to 
remain outside the Class D airspace areas until services can be 
provided.
    The joint FAA and DOD micro-review of procedures and operations was 
conducted to determine the amount and extent of controlled airspace 
necessary to contain certain air traffic control operations. The 
following data summarizes the results of this micro-review:
    (1) In 1993, ERFC logged a traffic count of 223,627 total 
operations. Of this total 39% (86,137) were civilian operations. 
Military operations were 61% (137,490) and represented a 16% increase 
over the total number of operations for the preceding year.
    (2) A total of 9,385 military missions were flown in Eglin's 
restricted areas during 1993. This is approximately a 17% increase in 
restricted area usage over the preceding year.
    (3) During 1993, the Eglin AFB recorded 424 corridor penetrations. 
A corridor penetration occurs when one or more military aircraft 
transits the North-South or East-West corridors flying between Eglin's 
Special Use Airspace (SUA) areas as part of their mission profile. 
Consistent with the projected increases in military operations, these 
events are forecast to increase in 1994.
    (4) If the Eglin, Florida Class D airspace area becomes effective 
on December 8, 1994, the requirement to establish positive air traffic 
control in the North-South and East-West corridors would lead to 
dramatic increases in air traffic and ERCF controller workload. These 
increases in air traffic and controller workload would increase air 
traffic control delays imposed on civil and military aircraft, both in 
the air and on the ground.
    (5) Under the Valparaiso, Florida, Special Air Traffic Rules in 
part 93 of the FAR, access to the North-South corridor is limited 
during military operations, but access to the East-West corridor is not 
impeded. However, under the Eglin Class D airspace area, during 
military operations, access to the entire Class D airspace area (both 
the North-South and East-West corridors) will be limited.
    Based on the foregoing, the FAA has determined that the Eglin, 
Florida Class D airspace area would not meet the airspace needs for 
that area. Accordingly, it is necessary to retain the Valparaiso, 
Florida Terminal Area and Special Air Traffic Rules contained in part 
93 of the FAR to accommodate the actual and projected increase in air 
traffic while maintaining the same level of safety for aircraft 
transiting the North-South and East-West corridors.
    Accordingly, to enhance safety in the immediate vicinity of the 
Eglin AFB, the FAA proposes to move the southern boundary of the North-
South corridor from its present lateral position north of Eglin AFB to 
a position south to Eglin AFB coincident with latitude 30 deg.25'01'' 
North. The existing designation of the North-South Corridor from 
surface to an unlimited altitude was found to be excessive. Therefore, 
the FAA proposes to modify the North-South corridor airspace ceiling.
    The FAA also proposes to modify the center portion of the East-West 
corridor to include airspace from the surface up to but not including 
18,000 ft. MFL. The East-West corridor located below Restricted Areas 
R-2915C, R-2919B, and R-2914B, excluding the center portion, extends 
from the surface up to but not including 8,500 feet MSL. This 
effectively would divide the East-West corridor into 3 separate 
sections.
    This proposed action would simplify operating procedures and the 
complex aeronautical charting of Eglin's airspace. Moreover, it would 
further reduce the potential hazard of VFR aircraft crossing the flight 
paths of high speed, high performance, and often armed military 
aircraft transiting to/from/between Eglin's most commonly used East (R-
2914A, R-2919A) and West (R-2915A, R-2915B) ranges.
    The Offshore Airspace Reconfiguration Final Rule discussed the 
Eglin Florida Class D airspace area in the preamble. The final rule, 
however, did not include the regulatory text for the Eglin, Florida 
Class D airspace area. Therefore, this action amends the intent of the 
FAA by rescinding the Eglin, Florida Class D airspace area.
    This action amends the incorporation by reference in 14 CFR part 
71.1 of FAA Order 7400.9A, Airspace Designation and Reporting Points, 
dated June 17, 1993, and effective September 16, 1993 by: (1) revising 
the Eglin AFB, and the Eglin AF Auxiliary No. 3, Duke Field Florida 
Class D airspace areas; (2) deleting the pending amendments for the 
Hurlburt Field, Florida Class D airspace area, and the Crestview, 
Florida Class E airspace area; and (3) deleting the Eglin, Florida 
Class D North-South corridor.

The Proposal

    The FAA proposes to retain the Valparaiso, Florida Terminal Area 
and Special Air Traffic Rules in part 93 of the FAR; amend the Class D 
airspace areas for Eglin AFB, the Eglin AF Auxiliary No. 3 Duke Field, 
and the Hurlburt Field; amend the Crestview Class E airspace area; and 
delete the Eglin Class D North-South corridor. Additionally, the FAA 
proposes to revise the North-South corridor airspace area by 
reestablishing the vertical limits of that corridor from the surface up 
to but not including 18,000 feet MSL and by moving the southern 
boundary from its present lateral position north of Eglin AFB to a 
position south of Eglin AFB coincident with latitude 30 deg.25'01'' 
North. Further, the FAA proposes to modify the center portion of the 
East-West corridor to include airspace from the surface up to but not 
including 18,000 ft MSL. This would effectively divide the East-West 
corridor into the following three sections:
    (1) The west section would include that East-West corridor airspace 
area underlying Restricted Area R-2915C and extending upward from the 
surface to, but not including, 8,500 feet MSL.
    (2) The center section would include that East-West corridor 
airspace areas that does not underlie any of the restricted areas 
associated with Eglin AFB and extends upward from the surface to, but 
not including 18,000 feet MSL.
    (3) The east section would include that East-West corridor airspace 
area underlying Restricted Areas R-2919B and R-2914B extending from the 
surface up to, but not including, 8,500 ft MSL.

Economic Evaluation

    Proposed changes to federal regulations must undergo several 
economic analyses. First, Executive Order 12866 directs that each 
Federal agency shall propose or adopt a regulation only upon a reasoned 
determination that the benefits of the intended regulation justify its 
costs. Second, the Regulatory Flexibility Act of 1980 requires agencies 
to analyze the economic effect of regulatory changes on small entities. 
Third, the Office of Management and Budget directs agencies to assess 
the effect of regulatory changes on international trade. In conducting 
these analyses, the FAA has determined that this proposed rule: (1) 
would generate benefits that justify its costs and is not ``a 
significant regulatory action'' as defined in the Executive Order; (2) 
is not significant as defined in Department of Transportation's 
Regulatory Policies and Procedures; (3) would not have a significant 
impact on a substantial number of small entities; and (4) would not 
constitute a barrier to international trade. These analyses are 
summarized below.

Costs

    The FAA has determined that there would be little or no cost 
associated with implementation of the proposed modification. This 
determination is based on the following reasons.
    The proposed rule would impose no additional administrative, 
personnel, or equipment costs on Eglin AFB or the FAA. Any additional 
operations workload generated by the proposed rule would be absorbed by 
current personnel and equipment resources.
    The cost to aircraft operators would be small delays and deviations 
from their current flight times and paths that may occasionally occur 
while Eglin ATC clears military aircraft across the southern end of the 
North-South corridor. However, the FAA contends that these delays would 
be so short and infrequent that they would impose little if any cost.

Benefits

    The benefits of the proposed rule would be primarily in the form of 
improved ATC efficiency and enhanced safety. Improved ATC efficiency 
would come from lowering the ceiling of the North-South corridor. This 
would eliminate the need for FAA ATC and Eglin ATC to coordinate the 
control of civilian traffic transiting the corridor above 18,000 feet 
MSL. The proposed rule would also allow Eglin ATC to better separate 
the flow of military and civilian aircraft in the southern part of the 
North-South corridor. Enhancements to safety would come in the lowered 
risk of midair collisions due to the increased positive control of the 
airspace of Eglin AFB.

Conclusion

    In view of the little or no cost of compliance versus enhancements 
to aviation safety and efficiency, the FAA has determined that the 
proposed rule would be cost-beneficial.

International Trade Impact Statement

    This proposed rule would not constitute a barrier to international 
trade, including the export of American goods and services to foreign 
countries and the import of foreign goods and services into the United 
States. This assessment is based on the fact that the proposed rule 
would impose little or no costs on aircraft operators or aircraft 
manufacturers (U.S. or foreign).

Regulatory Flexibility Determination

    In accordance with the Regulatory Flexibility Act of 1980, the FAA 
has determined that this proposed rule will not have a significant 
economic impact, positive or negative, on a substantial number of small 
entities. This assessment is based on the fact that the proposed rule 
would impose little or no cost on small entities.

Federalism Implications

    The regulations proposed 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 final 
rule will not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.

International Civil Aviation Organization and Joint Aviation 
Regulations

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

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 proposal is not considered significant 
under DOT order 2100.5, Policies and Procedures for Simplification, 
Analysis, and Review of Regulations. An Initial Regulatory Flexibility 
Determination and International Impact Assessment have been placed in 
the docket. A copy may be obtained by contacting the person identified 
under FOR FURTHER INFORMATION CONTACT.

List of Subjects

14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

14 CFR Part 93

    Air traffic control, Airports, Alaska, Federal Aviation 
Administration, Navigation (air), Penalties, Reporting and 
recordkeeping requirements.

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend parts 71 and 93 of the Federal 
Aviation Regulations, (14 CFR parts 71 and 93) as follows:

PART 71--DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND 
CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS

    1. The authority citation for 14 CFR 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 part 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 5000--Class D Airspace

* * * * *

ASO FL D Eglin AF Aux No. 3 Duke Field, FL (Revised]

Eglin AF Aux No. 3 Duke Field, FL
    (lat. 30 deg.39'07'' N, long. 86 deg.31'23'' W)
Bob Sikes Airport
    (lat. 30 deg.46'44'' N, long. 86 deg.31'20'' W)
Eglin AFB
    (lat. 30 deg.29'13'' N, long. 86 deg.31'34'' W)

    That, airspace extending upward from the surface to and 
including 2,700 feet MSL within a 5.2-mile radius of Eglin AF Aux 
No. 3 Duke Field; excluding the portion north of a line connecting 
the 2 points of intersection with a 4.2-mile radius circle centered 
on Bob Sikes Airport; excluding the portion south of a line 
connecting the 2 points of intersection with a 5.5-mile radius 
circle centered on Eglin AFB. This Class D airspace area is 
effective during the specific days and times established in advance 
by a notice to Airmen. The effective days and times will thereafter 
be continuously published in the Airport/Facility Directory.
* * * * *

ASO FL D Eglin AFB, FL [Revised]

Eglin AFB, FL
    (lat. 30 deg.29'13'' N, long. 86 deg.31'34'' W)
Destin-Fort Walton Beach Airport
    (lat. 30 deg.24'01'' N, long. 86 deg.28'18'' W)
Duke Field
    (lat. 30 deg.39'07'' N, long. 86 deg.31'23'' W)
Hurlburt Field
    (lat. 30 deg.25'44'' N, long. 86 deg.41'20'' W)

    That airspace extending upward from the surface to and including 
2,600 feet MSL within a 5.5-mile radius of Eglin AFB and within a 4-
mile radius of Destin-Fort Walton Beach Airport; excluding the 
portion north of a line connecting the 2 points of intersection 
within a 5.2-mile radius circle centered on Duke Field; excluding 
the portion southwest of a line connecting the 2 points of 
intersection within a 5.3-mile radius of Hurlburt Field.
* * * * *

Eglin Hurlburt Field, FL [Removed]

* * * * *

ASO FL D Eglin, FL North-South Corridor [Removed]

* * * * *

Paragraph 6002--Class E airspace areas designated as a surface area 
for an airport.

* * * * *

Crestview, FL [Removed]

PART 93--SPECIAL AIR TRAFFIC RULES AND AIRPORT TRAFFIC PATTERNS

    1. The authority citation for Part 93 continues to read as follows:

    Authority: 49 U.S.C. app. 1302, 1303, 1348, 1354(a), 1421(a), 
1424, 2451 et seq.; 49 U.S.C. 206(g).

    2. Sections 93.81 and 93.83 are revised to read as follows:


Sec. 93.81  Applicability and description of area.

    (a) This subpart prescribes the Valparaiso, Florida Terminal Area, 
and the special air rules for operating aircraft within that Area.
    (b) The Valparaiso, Florida Terminal Area is designated as follows:
    (1) North-South Corridor. The North-South Corridor includes the 
airspace extending upward from the surface up to, but not including, 
18,000 feet MSL, bounded by a line beginning at:

Latitude 30 deg.42'51'' N., Longitude 86 deg.38'02'' W.; to
Latitude 30 deg.43'18'' N., Longitude 86 deg.27'37'' W.; to
Latitude 30 deg.37'01'' N., Longitude 86 deg.27'37'' W.; to
Latitude 30 deg.37'01'' N., Longitude 86 deg.25'30'' W.; to
Latitude 30 deg.33'01'' N., Longitude 86 deg.25'30'' W.; to
Latitude 30 deg.33'01'' N., Longitude 86 deg.25'00'' W.; to
Latitude 30 deg.25'01'' N., Longitude 86 deg.25'00'' W.; to
Latitude 30 deg.25'01'' N., Longitude 86 deg.38'12'' W.; to
Latitude 30 deg.29'02'' N., Longitude 86 deg.38'02'' W.; to point of 
beginning.

    (2) East-West Corridor--The East-West Corridor is divided into 
three sections to accommodate the different altitudes as portions of 
the corridor underlie restricted areas R-2915C, R-2919B, and R-2914B.
    (i) The west section would include that airspace extending upward 
from the surface to but not including 8,500 feet MSL, bounded by a line 
beginning at:

Latitude 30 deg.22'47'' N., Longitude 86 deg.51'30'' W.: then along the 
shoreline to Latitude 30 deg.23'46'' N., Longitude 86 deg.38'15'' W.; 
to Latitude 30 deg.20'51'' N., Longitude 86 deg.38'50'' W.; then 3 NM 
from and parallel to the shoreline to Latitude 30 deg.19'31'' N., 
Longitude 86 deg.51'30'' W.; to the beginning.

    (ii) The center section would include that airspace extending 
upward from the surface to but not including 18,000 feet MSL, bounded 
by a line beginning at:

Latitude 30 deg.25'01'' N., Longitude 86 deg.38'12'' W.; to
Latitude 30 deg.25'01'' N., Longitude 86 deg.25'00'' W.; to
Latitude 30 deg.25'01'' N., Longitude 86 deg.22'26'' W.; to
Latitude 30 deg.19'46'' N., Longitude 86 deg.23'45'' W.; then 3 NM from 
and parallel to the shoreline to Latitude 30 deg.20'51'' N.,
Longitude 86 deg.38'50'' W.; Latitude 30 deg.23'46'' N.,
Longitude 86 deg.38'15'' W.; to the beginning.

    (iii) The east section would include that airspace extending upward 
from the surface to but not including 8,500 feet MSL, bounded by a line 
beginning at:

Latitude 30 deg.25'01'' N., Longitude 86 deg.22'26'' W.; to
Latitude 30 deg.22'01'' N., Longitude 86 deg.08'00'' W.; to
Latitude 30 deg.19'16'' N., Longitude 85 deg.56'00'' W.; to
Latitude 30 deg.11'01'' N., Longitude 85 deg.56'00'' W.; then 3 NM from 
and parallel to the shoreline to Latitude 30 deg.19'46'' N., Longitude 
86 deg.23'45'' W.; to the beginning.


Sec. 93.83  Aircraft Operations.

    (a) North-South Corridor. Unless otherwise authorized by ATC 
(including the Eglin Radar Control Facility), no person may operate an 
aircraft in flight within the North-South Corridor designated in 
Sec. 93.81(b)(1) unless--
    (1) Before operating within the corridor, that person obtains a 
clearance from the Eglin Radar Control Facility or an appropriate FAA 
ATC facility; and
    (2) That person maintains two-way radio communication with the 
Eglin Radar Control Facility or an appropriate FAA ATC facility while 
within the corridor.
    (b) East-West Corridor. Unless otherwise authorized by ATC 
(including the Eglin Radar Control Facility), no person may operate an 
aircraft in flight within the East-West Corridor designated in 
Sec. 93.81(b)(2) unless--
    (1) Before operating within the corridor, that person establishes 
two-way radio communications with Eglin Radar Control Facility or an 
appropriate FAA ATC facility and receives an ATC advisory concerning 
operations being conducted therein; and
    (2) That person maintains two-way radio communications with the 
Eglin Radar Control Facility or an appropriate FAA ATC facility while 
within the corridor.

    Issued in Washington DC, on June 21, 1994.
Harold W. Becker,
Manager, Airspace-Rules and Aeronautical Information Division.
[FR Doc. 94-15623 Filed 6-30-94; 8:45 am]
BILLING CODE 4910-13-M