[Federal Register Volume 59, Number 141 (Monday, July 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17998]


[[Page Unknown]]

[Federal Register: July 25, 1994]


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DEPARTMENT OF TRANSPORTATION
14 CFR Parts 71 and 91

[Airspace Docket No. 92-AWA-2]

 

Establishment of the Billings Logan International Airport Class C 
Airspace Area, MT, and Revocation of the Billings Class D Airspace 
Area, MT

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes a Class C airspace area and revokes 
the Class D airspace area at the Billings Logan International Airport, 
Billings, MT. The Billings Logan International Airport is a public-use 
facility at which a Terminal Radar Service Area (TRSA) is currently in 
effect. The establishment of this Class C airspace area will require 
pilots to establish two-way radio communications with the air traffic 
control (ATC) facility providing air traffic services prior to entering 
the airspace and thereafter maintain those communications while within 
the Class C airspace area. Implementation of the Billings Logan 
International Airport Class C airspace area will promote the efficient 
control of air traffic and reduce the risk of midair collision in the 
terminal area.

EFFECTIVE DATE: 0901 UTC, September 15, 1994.

FOR FURTHER INFORMATION CONTACT: Norman W. Thomas, Airspace and 
Obstruction Evaluation Branch (ATP-240), Airspace-Rules and 
Aeronautical Information Division, Air Traffic Rules and Procedures 
Service, Federal Aviation Administration, 800 Independence Avenue, SW., 
Washington, DC 20591; telephone: (202) 267-9230.

SUPPLEMENTARY INFORMATION:

History

    On April 22, 1982, the National Airspace Review (NAR) plan was 
published in the Federal Register (47 FR 17448). The plan encompassed a 
review of airspace use and procedural aspects of the ATC system. Among 
the main objectives of the NAR was the improvement of the ATC system by 
increasing efficiency and reducing complexity. In its review of 
terminal airspace, NAR Task Group 1-2 concluded that TRSA's should be 
replaced. Four types of airspace configurations were considered as 
replacement candidates, and Model B, the Airport Radar Service Area 
(ARSA) configuration, was recommended by a consensus of the task group.
    The FAA published NAR Recommendation 1-2.2.1, ``Replace Terminal 
Radar Service Areas with Model B Airspace and Service'' in Notice 83-9 
(48 FR 34286; July 28, 1983) proposing the establishment of ARSA's at 
the Robert Mueller Municipal Airport, Austin, TX, and the Port of 
Columbus International Airport, Columbus, OH. ARSA's were designated at 
these airports on a temporary basis by Special Federal Aviation 
Regulation No. 45 (48 FR 50038; October 28, 1983) to provide an 
operational confirmation of the ARSA concept for potential application 
on a national basis.
    Following a confirmation period of more than a year, the FAA 
adopted the NAR recommendation and, on February 27, 1985, issued a 
final rule (50 FR 9252; March 6, 1985) defining ARSA airspace and 
establishing air traffic rules for operation within such an area.
    Concurrently, by separate rulemaking action, ARSA's were 
permanently established at the Austin, TX, Columbus, OH, and the 
Baltimore/Washington International Airports (50 FR 9250; March 6, 
1985). The FAA stated that future notices would propose ARSA's for 
other airports at which TRSA procedures were in effect.
    A number of problems with the TRSA program were identified by the 
NAR Task Group. The task group stated that because of the different 
levels of service offered in terminal areas, users are not always sure 
of what restrictions or privileges exist or how to cope with them. 
According to the NAR Task Group, there is a shared feeling among users 
that TRSA's are often poorly defined, are generally dissimilar in 
dimensions, and encompass more area than is necessary or desirable. 
There are other users who believe that the voluntary nature of the TRSA 
does not adequately address the problems associated with 
nonparticipating aircraft operating in relative proximity to the 
airport and associated approach and departure courses. The consensus 
among the user organizations is that within a given standard airspace 
designation, a terminal radar facility should provide all pilots the 
same level of service and in the same manner, to the extent feasible.
    Additionally, the NAR Task Group recommended that the FAA develop 
quantitative criteria for establishing ARSA's at locations other than 
those which were included in the TRSA replacement program. The task 
group recommended that these criteria include, among other things, 
traffic mix, flow and density, airport configuration, geographical 
features, collision risk assessment, and ATC capabilities to provide 
service to users. These criteria have been developed and are being 
published via the FAA directives system (Order 7400.2D).
    Airspace Reclassification, which became effective September 16, 
1993, discontinued the use of the term ``airport radar service area'' 
and replaced it with the designation ``Class C airspace area.'' This 
change in terminology is reflected in this rule.
    The FAA has established Class C airspace areas at 121 locations 
under a paced implementation plan to replace TRSA's with Class C 
airspace areas.
    This rule establishes a Class C airspace area at a location which 
was identified as a candidate for an ARSA (a Class C airspace area) in 
the preamble to Amendment No. 71-10 (50 FR 9252).
    The Billings Logan International Airport is a public-use airport 
with an operating control tower served by a Level II TRACON, at which a 
TRSA is in effect. A TRSA consists of the airspace surrounding a 
designated airport where ATC provides radar vectoring, sequencing, and 
separation for all aircraft operating under instrument flight rules 
(IFR) and for participating aircraft operating under visual flight 
rules (VFR). TRSA airspace and operating rules are not established by 
regulation, and participation by pilots operating in the TRSA under VFR 
is voluntary, although pilots are urged to participate. This level of 
service is known as Stage III and is provided at all locations 
identified as TRSA's.
    The Billings Logan International Airport is a major terminal hub 
that primarily serves the States of Montana, Wyoming, and the Dakotas. 
Airport operations at Billings Logan International Airport consist 
primarily of large air carriers (turbine-powered), air freighters, 
corporate jets, air taxis (multi-engine turboprop and piston-engine 
aircraft), and general aviation (GA) itinerant and training (multi-
engine and single-engine) aircraft. An extensive lifeguard (helicopter 
and fixed-wing) operation is based at Billings Logan International 
Airport. The availability of instrument approach aids at Billings Logan 
International Airport attracts military (United States Air Force units) 
and civil (Rocky Mountain College aviation curriculum) entities alike.
    The terminal air traffic environment is basically unencumbered by 
terrain and special use airspace restrictions. Aircraft operating under 
VFR that transit the Billings terminal area normally do so on random, 
flight-specific routes. There are no major ``established'' VFR routes 
to be considered.
    On June 21, 1988, the FAA published a final rule, ``Transponder 
with Automatic Altitude Reporting Capability Requirement (Mode C)'' 
(Amendment No. 91-203; 53 FR 23356), which, among other amendments, 
revised Section 91.24 of the Federal Aviation Regulations (14 CFR part 
91). In pertinent part, that rule added Section 91.24(b)(5)(ii), 
effective December 30, 1990, which required aircraft operating in the 
airspace from the surface to 10,000 feet MSL within a 10-mile radius of 
any airport listed in newly designated Appendix D of part 91 to be 
equipped with an operable transponder with Mode C except when operating 
in the airspace below 1,200 feet above ground level outside of the 
airport traffic area. Logan International Airport, Billings, MT, and 
Hector International Airport, Fargo, ND, were the only airports listed. 
Aircraft which were not originally certificated with an engine-driven 
electrical system or which had not subsequently been certified with 
such a system installed, balloons, and gliders were excluded from this 
requirement. The preamble to this rule indicated that an airport would 
be considered as a candidate for this Mode C requirement if its annual 
enplaned passenger count exceeded 200,000. The preamble further stated 
that several airports exceeded the 200,000 annual enplaned passenger 
requirement, which had not been designated as, or planned for, a Class 
C airspace area (formerly ARSA) (including Billings, MT). The FAA 
examined the operations at this location and determined that the Mode C 
requirement should be established at Billings, MT, because this airport 
had experienced a significantly high number of passenger enplanements, 
and typically generated over 50,000 instrument operations per year.
    On December 17, 1993, the FAA proposed to designate a Class C 
airspace area at the Billings Logan International Airport, MT (58 FR 
65950). Interested parties were invited to participate in this 
rulemaking proceeding by submitting comments on the proposal to the 
FAA. No comments were received.

The Rule

    These amendments to parts 71 and 91 of the Federal Aviation 
Regulations (14 CFR parts 71 and 91) establish a Class C airspace area 
at the Billings Logan International Airport and revoke the Class D 
airspace area at Billings, MT. This action will remove Billings Logan 
International Airport as the only remaining airport under Appendix D, 
Section 2 of part 91, ``airports at which the requirements of section 
91.215(b)(5)(ii) apply.'' This action will not remove Appendix D, 
Section 2 of part 91. Billings Logan International Airport is a public 
airport with an operating control tower served by a Level II TRACON, at 
which a TRSA is in effect. The establishment of this Class C airspace 
area will require pilots to establish two-way radio communications with 
the ATC facility providing air traffic services prior to entering the 
airspace and thereafter maintain those communications while within the 
Class C airspace area. Implementation of the Class C airspace area will 
promote the efficient control of air traffic and reduce the risk of 
midair collision in the terminal area. The Class D airspace area is 
being revoked because Class C airspace is more restrictive (i.e., 
carries higher operational requirements) than Class D airspace. 
Therefore, the FAA is revoking the Billings, MT, Class D airspace area.
    This action supports a goal of airspace reclassification--to 
simplify the airspace by eliminating overlapping airspace designations. 
The coordinates in this document are based on North American Datum 83. 
Except for editorial changes and the revocation of the Class D airspace 
area in Billings, MT, this amendment is the same as that proposed in 
the notice. Class C and Class D airspace designations are published in 
paragraphs 4000 and 5000, respectively, of FAA Order 7400.9A dated June 
17, 1993, and effective September 16, 1993, which is incorporated by 
reference in 14 CFR 71.1 (58 FR 36298; July 6, 1993). The Class C 
airspace area listed in this document will be published subsequently in 
the Order and the Class D airspace area listed in this document will be 
removed subsequently from the Order.

Regulatory Evaluation Summary

    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 the final rule will 
generate benefits that justify its costs and is not ``a significant 
regulatory action'' as defined in the Executive Order and the 
Department of Transportation Regulatory Policies and Procedures. The 
final rule will not have a significant impact on a substantial number 
of small entities and will not constitute a barrier to international 
trade. These analyses, available in the docket, are summarized below.

Costs

    The FAA has determined that the establishment of the Billings, MT, 
Class C airspace area at Logan International Airport will impose a one-
time FAA administrative cost of $550 (1993 dollars). For the aviation 
community (aircraft operators and fixed-based operators), the final 
rule will impose only negligible costs. The potential costs of the 
Class C airspace area are discussed below.
    For the Billings, MT, Class C airspace area, the FAA does not 
expect to incur any additional costs for ATC staffing, training, or 
facility equipment. The FAA is confident that it can accommodate any 
additional traffic that will participate in radar services at the Class 
C airspace area through more efficient use of personnel at current 
authorized staffing levels. The FAA has trained its controller force in 
Class C airspace procedures during regularly scheduled briefing 
sessions routinely held at Billings. Thus, no additional training costs 
or equipment requirements are anticipated.
    Establishment of Class C airspace throughout the country has made 
it necessary to revise sectional charts by removing existing airspace 
depictions and incorporating the new Class C airspace boundaries. The 
FAA currently revises these sectional charts every 6 months to reflect 
changes to the airspace environment.
    Changes required to depict Class C airspace are made routinely 
during these charting cycles. The periodic changes to these charts are 
considered as routine operating expenses of the FAA. Thus, the FAA does 
not expect to incur any additional charting costs as a result of the 
establishment of the Billings Class C airspace area.
    The FAA holds an informal public meeting at each proposed Class C 
airspace location. These meetings provide pilots with the best 
opportunity to learn about Class C airspace operating procedures. The 
routine expenses associated with these public meetings are incurred 
regardless of whether Class C airspace is ultimately established. 
Before the Billings, MT, Class C airspace area becomes effective, the 
FAA will distribute a ``Letter To Airmen'' to all pilots residing 
within 50 miles of the Class C airspace site that will explain the 
operation and airspace configuration of the Class C airspace. The 
``Letter to Airmen'' cost will be approximately $550. This one-time 
negligible cost will be incurred upon the establishment of the Class C 
airspace area.
    The FAA anticipates that some pilots who currently transit the 
terminal area without establishing radio communications or 
participating in Stage III services may choose to circumnavigate the 
Billings Class C airspace area. However, the FAA contends that these 
operators can circumnavigate the Class C airspace area without 
significantly deviating from their regular flight paths. They could 
remain clear of the Class C airspace area by flying above the ceiling 
(7,700 feet mean sea level (MSL)), under the outer floor (4,900 feet 
MSL), or just beyond the lateral boundaries. The FAA estimates that 
this final rule will have a negligible, if any, cost impact on 
nonparticipating GA aircraft operations because of the small deviations 
from current flight paths imposed on these operators.
    The FAA assumes that nearly all aircraft operating in the vicinity 
of the Billings Class C airspace area already have Mode C transponders 
and two-way radio communications capability. All aircraft (except those 
without an electrical system, balloons, and gliders) flying in the 
vicinity of the Billings Logan International Airport have been required 
(under 14 CFR Section 91.215(b)(5)(ii)) to have a Mode C transponder 
since December 30, 1990. Aircraft with Mode C transponders are usually 
equipped with two-way radio communications capability because radios 
are considered a more basic piece of avionics equipment. Since the cost 
of the Mode C requirement has already been addressed (Phase II of the 
Mode C Rule), it is not considered separately here in order to avoid 
double counting. This final rule will terminate the exemption from the 
Mode C requirement for gliders, balloons, and aircraft certified 
without engine-driven electrical systems. The overall economic impact 
will be very slight because there are not many of these aircraft, and 
ATC will have discretion to authorize deviations from the Mode C 
requirement for these aircraft on an individual basis.
    The establishment of the Billings, MT, Class C airspace area is not 
expected to have any adverse impacts on the operations of the two small 
satellite airports (Laurel Municipal and Airpark Oscars) located in the 
vicinity of Billings Logan International Airport. Pilots using these 
airports who do not have the required equipment can circumnavigate the 
Class C airspace area.

Benefits

    The benefits of the Billings, MT, Class C airspace area will be 
enhanced aviation safety (lowered risk of midair collisions) and 
improved operational efficiency (higher air traffic controller 
productivity with existing resources). These potential benefits are 
difficult to quantify in monetary terms. Thus, such benefits have been 
analyzed in qualitative terms and are discussed below.
    The NAR Task Group found that airspace users, especially GA users, 
encountered significant problems with terminal radar services. 
Different levels of radar service offered within terminal areas caused 
confusion about existing restrictions and privileges.
    The standardization and simplification of operating procedures 
provided by Class C airspace is expected to alleviate many of these 
problems. All these benefits of the Class C airspace program, however, 
cannot be specifically attributed to individual airports. Rather, the 
benefits will result from overall improvements in terminal area ATC 
procedures realized as Class C airspace is implemented throughout the 
country. Establishment of the Billings, MT, Class C airspace area will 
contribute to these overall improvements.
    The Billings, MT, Class C airspace area will lower the risk of 
midair collisions due to the increase of controlled airspace around 
Billings. Due to the proactive nature of the Class C airspace, the 
potential safety benefits are difficult to quantify in monetary terms. 
Traffic trends indicate an increased probability of a midair collision 
at Billings. The FAA is, therefore, establishing a Class C airspace 
area to prevent the development of a potential safety problem. These 
traffic trends consist of an increased volume of passenger enplanements 
and an increased complexity of aircraft operations. Complexity refers 
to air traffic conditions resulting from a mix of controlled and 
uncontrolled aircraft (pilots that are not in contact with ATC) that 
vary widely in speed and maneuverability. Enplanements at Billings, MT, 
for 1992 were 285,378 and are projected to be 397,000 by the year 2000. 
The number of aircraft operations at Billings is projected to increase 
from 112,000 in 1992 to 156,000 by the year 2000. The current volume of 
passenger enplanements and aircraft operations have made Billings, MT, 
eligible to become a Class C airspace area.
    The FAA has conservatively estimated that the Class C airspace 
program will reduce the risk of midair collision by 50 percent at TRSA 
locations. This estimate is based on studies of near midair collision 
(NMAC) trends and radar tracking data from the original Columbus, OH, 
Class C airspace location and a review of the National Transportation 
Safety Board's (NTSB) midair collision accident records from January 
1978 to October 1984. This 50 percent reduction translates into one 
midair collision prevented nationally every one to two years. The FAA 
currently values the prevention of a human fatality at $2.6 million and 
the prevention of a serious injury at $640,000. The quantifiable 
benefits of preventing a midair collision (based on the aforementioned 
reports) can range from less than $172,000 (1993 dollars), a minor non-
fatal accident between two GA aircraft in which both aircraft need to 
be replaced, to $409 million (1993 dollars), the weighted average of a 
midair collision between an air carrier and a GA aircraft in which 
there are no survivors. The benefits of the Billings, MT, Class C 
airspace area and other designated airspace actions that require Mode C 
transponders cannot be separated from the benefits of the Mode C Rule 
and the Traffic Alert and Collision Avoidance System (TCAS) Rule. These 
airspace actions will share potential benefits totaling $4.4 billion 
(discounted 7 percent, 15 years, 1993 dollars).

International Trade Impact Assessment

    This final rule will only affect U.S. terminal airspace operating 
procedures at and in the vicinity of Billings, MT. This final rule will 
not impose a competitive trade disadvantage on foreign firms in the 
sale of either foreign aviation products or services in the United 
States. In addition, domestic firms would not incur a competitive trade 
disadvantage in either the sale of United States aviation products or 
services in foreign countries.

Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (RFA) was enacted by 
Congress to ensure that small entities are not unnecessarily and 
disproportionately burdened by Federal regulations. The RFA requires a 
Regulatory Flexibility Analysis if a final rule will have ``a 
significant economic impact on a substantial number of small 
entities.'' FAA Order 2100.14A outlines the FAA's procedures and 
criteria for implementing the RFA. Small entities are independently 
owned and operated small businesses and small not for profit 
organizations. A substantial number of small entities is defined as a 
number that is 11 or more and which is more than one-third of the small 
entities subject to the final rule.
    For the purpose of this evaluation, the small entities that will be 
potentially affected by this final rule are defined as fixed-base 
operators, airport operators, flight schools, agricultural operators, 
and other small aviation businesses operating in the vicinity of the 
Billings, MT, Class C airspace area. Sport aviation interests that may 
be affected include ballooning, parachuting, and gliding. Mandatory 
participation in the Class C airspace and special conditions around 
Billings could potentially impose certain costs (i.e., avionics 
equipment) on aircraft operators. The FAA will develop special 
procedures to accommodate these activities through local agreements 
between ATC and the affected organizations. For these reasons, the FAA 
does not expect any adverse impacts to occur as a result of the 
establishment of the Billings, MT, Class C airspace area.
    The FAA has determined that this final rule will not result in a 
significant economic impact on a substantial number of small entities. 
Therefore, a regulatory flexibility analysis is not required under the 
terms of the RFA.

Federalism Implications

    The regulations adopted herein will not have substantial direct 
effects on the states, on the relationship between the national 
Government and the states, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, in 
accordance with Executive Order 12612, it is determined that this rule 
would not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.

Conclusion

    The FAA has determined that this final rule to establish the 
Billings, MT, Class C airspace area will impose a negligible cost of 
$550 on the agency. When this cost estimate of $550 is added to the 
total cost of the Class C airspace program, the Class B airspace 
program, the Mode C Rule, and the TCAS Rule, the combined cost will 
still be less than their total potential safety benefits. This final 
rule will also generate benefits in the form of enhanced operational 
efficiency. The establishment of the Billings, MT, Class C airspace 
area will only impose negligible costs on the aviation community. Thus, 
this final rule will be cost beneficial.

List of Subjects

14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

14 CFR Part 91

    Aircraft, Air traffic control, Aviation safety.

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 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 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

* * * * *

ANM MT C Billings, MT [New]

Billings Logan International Airport
    (Lat. 45 deg.48'30'' N., long. 108 deg.32'38'' W.)

    That airspace extending upward from the surface to and including 
7,700 feet MSL within a 5-mile radius of the Billings Logan 
International Airport; and that airspace extending upward from 4,900 
feet MSL to and including 7,700 feet MSL within a 10-mile radius of 
the airport.
* * * * *

Paragraph 5000--Subpart D-Class D Airspace

* * * * *

ANM MT D Billings, MT [Removed]

* * * * *

PART 91--[AMENDED]

    3. The authority citation for 14 CFR 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).

    4. Appendix D, Section 2 to part 91 is amended by removing the 
paragraph beginning ``The requirements,'' and the entry for ``Billings, 
MT (Logan International Airport)''.

    Issued in Washington, DC, on July 15, 1994.
Harold W. Becker,
Manager, Airspace-Rules and Aeronautical Information Division.

Appendix to the Final Rule

BILLING CODE 4910-13-U

TR25JY94.000


[FR Doc. 94-17998 Filed 7-22-94; 8:45 am]
BILLING CODE 4910-13-C