[Federal Register Volume 59, Number 171 (Tuesday, September 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21843]


[[Page Unknown]]

[Federal Register: September 6, 1994]


_______________________________________________________________________

Part VI





Department of Transportation





_______________________________________________________________________



Federal Aviation Administration



_______________________________________________________________________



14 CFR Parts 71 and 93



Offshore Airspace Reconfiguration; Valparaiso, Florida Terminal Area; 
Final Rule
DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 71 and 93

[Docket No. 26968; Amendment No. 71-24, 93-70]
RIN 2120-AF45

 

Offshore Airspace Reconfiguration; Valparaiso, FL Terminal Area

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action retains the Valparaiso, Florida Terminal Area and 
Special Air Traffic Rules in part 93 of the Federal Aviation 
Regulations (FAR); revises the Class D airspace areas for Eglin Air 
Force Base (AFB), the Eglin Air Force (AF) Auxiliary No. 3 Duke Field, 
and Hurlburt Field; revises the Crestview Class E airspace area; and 
deletes the Eglin Class D North-South corridor. Additionally, this 
action modifies the established North-South and East-West corridors 
associated with the Valparaiso, Florida Terminal Area and Eglin AFB in 
part 93 of the FAR. This action is necessary to simplify operating 
procedures, airspace assignment and airspace use within the Valparaiso, 
Florida Terminal Area.

EFFECTIVE DATE: This amendment is effective on December 8, 1994.

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

SUPPLEMENTARY INFORMATION:

Background

    The Offshore Airspace Reconfiguration Final Rule (58 FR 12128; 
March 2, 1993), effective December 9, 1993, replaced the Valparaiso, 
Florida, Terminal Area and Special Air Traffic Rules in part 93 of the 
FAR, with the Eglin Florida Class D airspace area. This rule also 
amended part 71 of the FAR to revoke the Eglin AFB, Florida and the 
Eglin AF 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), these two portions of the 
Offshore Airspace Reconfiguration Final Rule were delayed until 
December 8, 1994. This delay permitted the FAA and the Department of 
Defense (DOD) to conduct a joint micro-review of the effects of the 
airspace reclassification on this area.
    The joint micro-review concluded that when the Eglin, Florida Class 
D airspace area becomes effective on December 8, 1994, the requirement 
for enhanced air traffic control service in the North-South and East-
West corridors will lead to dramatic increases in air traffic and the 
Eglin Radar Control Facility (ERCF) controller workload. These 
increases in air traffic and controller workload will increase air 
traffic control delays imposed on civil and military aircraft, both in 
the air and on the ground.
    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, with the same 
type of military operations, access to the entire Class D airspace area 
(both the North-South and East-West corridors) will be limited. 
Accordingly, it was deemed necessary to retain the Valparaiso, Florida 
Terminal Area and Special Air Traffic Rules contained in part 93 of the 
FAR to maintain unlimited access to the East-West corridor and maintain 
the present level of safety for aircraft transiting the North-South and 
East-West corridors.
    On July 1, 1994 (59 FR 34192), (Notice No. 94-23), the FAA proposed 
to retain the Valparaiso, Florida Terminal Area and Special Air Traffic 
Rules in part 93 of the FAR; revise the Class D airspace areas for 
Eglin AFB and Eglin AF Auxiliary No. 3 Duke Field, and Hurlburt Field; 
revise the Crestview Class E airspace area; and delete the Eglin Class 
D North-South corridor. Additionally, to enhance safety in the 
immediate vicinity of the Eglin AFB, the FAA proposed to move the 
southern boundary of the North-South corridor from its present lateral 
position north of Eglin AFB to a position south of Eglin AFB coincident 
with latitude 30 deg.25'01'' North. The existing designation of the 
entire North-South corridor and the center section of the East-West 
corridor, from surface to an unlimited altitude, was found to be 
excessive. Therefore, the FAA proposed to modify both the North-South 
corridor and the center portion of the East-West corridor to the 
surface up to, but not including, 18,000 feet MSL.
    Excluding the center portion described above, the remainder of the 
East-West corridor airspace located below Restricted Areas R-2915C, R-
2919B, and R-2914B extends from the surface up to but not including 
8,500 feet MSL. This effectively divides the East-West corridor into a 
western section, a center section, and an eastern section.
    This action was proposed to simplify operating procedures and the 
complex aeronautical charting of Eglin's airspace. Additionally, the 
action was proposed to 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.
    Notice No. 94-23 as published, incorrectly described the Class D 
airspace area for Eglin AFB; and inadvertently deleted the Hurlburt 
Field Class D airspace area and the Crestview Class E airspace area. 
Therefore, on July 19, 1994 (59 FR 36730), the FAA published a 
supplemental notice of proposed rulemaking which corrected the Eglin 
AFB description, and retained/revised the Hurlburt Field Class D 
airspace area, and the Crestview, Florida Class E airspace area. No 
comments were received on these proposals.
    The coordinates for this airspace docket are based on North 
American Datum 83. Class D and Class E airspace designations are 
published respectively in paragraphs 5000 and 6002 of FAA Order 
7400.9B, dated July 18, 1994, and effective September 16, 1994, which 
is incorporated by reference in 14 CFR 71.1. The Class D and Class E 
airspace designations listed in this document will be published 
subsequently in the Order.
    In addition, this action modifies the Hurlburt Field, Florida Class 
D airspace area by amending the area's effective hours to coincide with 
the associated control tower's hours of operations. This action also 
modifies the Crestview, Florida Class E airspace area by amending the 
area's effective hours to coincide with the associated Flight Service 
Station's (FSS) hours of operation. The intended effect of these 
modifications is to clarify when two-way radio communications are 
required and when weather observation services are provided when the 
associated control tower and FSS is closed. The Hurlburt, Florida, 
Class D airspace area and the Crestview, Florida, Class E airspace area 
will revert to Class G airspace when the associated control tower and 
FSS are not in operation.

The Rule

    This action retains the Valparaiso, Florida Terminal Area and 
Special Air Traffic Rules in part 93 of the FAR. Further, this action: 
(1) revises the Class D airspace areas for Eglin AFB, and the Eglin AF 
Auxiliary No. 3 Duke Field, and Hurlburt Field, Florida; (2) revises 
the Crestview, Florida Class E airspace area; and (3) deletes the 
Eglin, Florida Class D North-South corridor.
    Additionally, this final rule revises the North-South corridor 
airspace area described in part 93 of the FAR, 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. This action 
also modifies the center portion of the East-West corridor to include 
airspace from the surface up to but not including 18,000 ft MSL. This 
effectively divides the East-West corridor into the following three 
sections:
    (1) The west section which includes 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 which includes that East-West corridor 
airspace area 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 which includes 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.
    In addition, this action modifies the Hurlburt Field, Florida Class 
D airspace area by amending the area's effective hours to coincide with 
the associated control tower's hours of operations. This action also 
modifies the Crestview, Florida Class E airspace area by amending the 
area's effective hours to coincide with the associated Flight Service 
Station's (FSS) hours of operation. The intended effect of these 
modifications is to clarify when two-way radio communications are 
required and when weather observation services are provided when the 
associated control tower and FSS is closed. The Hurlburt, Florida, 
Class D airspace area and the Crestview, Florida, Class E airspace area 
will revert to Class G airspace when the associated control tower and 
FSS are not in operation.

Economic Evaluation

    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 rule: (1) will 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) will not have a significant impact on a substantial 
number of small entities; and (4) will not constitute a barrier to 
international trade. These analyses are summarized below.

Costs

    The FAA has determined that there will be little or no cost 
associated with implementation of the modification. This determination 
is based on the following reasons.
    The rule will impose no additional administrative, personnel, or 
equipment costs on Eglin AFB or the FAA. Any additional operations 
workload generated by the rule will be absorbed by current personnel 
and equipment resources.
    The cost to aircraft operators will be occasional delays and 
deviations from their current flight times and paths. However, the FAA 
contends that these delays will be so short and infrequent that they 
will impose little if any cost.

Benefits

    The benefits of the rule will be primarily in the form of improved 
ATC efficiency and enhanced safety. Improved ATC efficiency and safety 
will come from the ability of Eglin ATC to better separate the flow of 
military and civilian aircraft.

Conclusion

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

International Trade Impact Statement

    This rule will 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 rule will 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 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 rule will 
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. The 
FAA has determined that this rule will not present any differences.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1980 (Pub L. 96-
511), there are no requirements for information collection associated 
with this rule.

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. This rule is cost effective as 
evidenced by the cost/benefits review statement, included in this Final 
Rule.

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.

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration amends 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 7400.9B, Airspace Designations 
and Reporting Points, dated July 18, 1994, and effective September 16, 
1994, 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; excluding a 
portion east of a line beginning at lat. 30 deg.30'43'' N, long. 
86 deg.26'21'' W, extending north to the 5.5-mile radius and north 
of a line beginning at lat. 30 deg.30'43'' N, long. 86 deg.26'21'' 
W, extending east to the 5.5-mile radius.
* * * * *

ASO FL D Eglin Hurlburt Field, FL [Revised]

Eglin, Hurlburt Field, FL
    (lat. 30 deg.25'44'' N, long. 86 deg.41'20'' 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 
2,500 feet MSL within a 5.3-mile radius of Hurlburt Field; excluding 
the portion northeast 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, FL North-South Corridor [Removed]

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

ASO FL E2 Crestview, FL [Revised]

Crestview, Bob Sikes Airport, FL
    (lat. 30 deg.46'44'' N, long. 86 deg.31'20'' W)
Duke Field
    (lat. 30 deg.39'07'' N, long. 86 deg.31'23'' W)

    Within a 4.2-mile radius of Bob Sikes Airport; excluding the 
portion south of a line connecting the 2 points of intersection with 
a 5.2-mile radius circle centered on Duke Field. This Class E 
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.
* * * * *

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. 106(g).

    2. Subpart F is amended by revising Secs. 93.81 and 93.83 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 traffic 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.; to 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, D.C., on August 25, 1994.
Harold W. Becker,
Manager, Airspace-Rules and Aeronautical Information Division.
[FR Doc. 94-21843 Filed 9-2-94; 8:45 am]
BILLING CODE 4910-13-P