[Federal Register Volume 60, Number 183 (Thursday, September 21, 1995)]
[Rules and Regulations]
[Pages 48883-48887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23459]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 71

[Airspace Docket No. 95-AWA-3]


Establishment of Class C Airspace and Revocation of Class D 
Airspace, Cyril E. King Airport, VI

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 Cyril E. King Airport, Charlotte 
Amalie St. Thomas, VI. Cyril E. King Airport is a public-use facility 
with a Level II control tower served by Limited Radar Approach Control. 
The establishment of this Class C airspace area requires pilots to 
maintain two-way radio communications with the air traffic control 
(ATC) while in Class C airspace. Implementation of the Class C 
airspace, at this location, promotes the efficient control of air 
traffic and reduces the risk of midair collision in the terminal area.

EFFECTIVE DATE: 0901 UTC, November 9, 1995.

FOR FURTHER INFORMATION CONTACT: Patricia P. Crawford, 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) 267-9255.

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 Terminal Radar 
Service Areas (TRSA's) should be replaced. Four types of airspace 
configurations were considered as replacement candidates, of which 
Model B, since redesignated Airport Radar Service Area (ARSA), 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 
(July 28, 1983; 48 FR 34286) 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 SFAR No. 45 (October 28, 1983; 
48 FR 50038) 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.
    Additionally, the NAR Task Group recommended that the FAA develop 
quantitative criteria for proposing to establish 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.
    The FAA has established ARSA's at 121 locations under a paced 
implementation plan to replace TRSA's with ARSA's. This is one of a 
series of notices to implement ARSA's at locations with TRSA's or 
locations without TRSA's that warrant implementation of an ARSA. 
Airspace Reclassification, effective September 16, 1993, reclassified 
ARSA's as Class C airspace areas. This change in terminology is 
reflected in the remainder of this rule.
    This amendment establishes a Class C airspace area at a location 
which was not identified as a candidate for Class C in the preamble to 
Amendment No. 71-10 (50 FR 9252). Other candidate locations will be 
proposed in future notices published in the Federal Register.
    The Cyril E. King Airport is a public-use airport with an operating 
Level II control tower served by Limited Radar Approach Control. 
Passenger enplanements reported at Cyril E. King Airport were 640,642, 
583,817, and 602,373, respectively, for calendar years 1993, 1992, and 
1991. This volume of passenger enplanements and aircraft operations 
meets the FAA criteria for establishing Class C airspace to enhance 
safety.
    On June 27, 1995, the FAA proposed to designate a Class C airspace 
area at the Cyril E. King Airport, Charlotte Amalie St. Thomas, VI (60 
FR 33152). 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

    This amendment to part 71 of the Federal Aviation Regulations (14 
CFR part 71) establishes a Class C airspace area and revokes the Class 
D airspace area at the Cyril E. King Airport, Charlotte Amalie St. 
Thomas, VI. Cyril E. King Airport is a public airport with a Level II 
operating control tower served by Limited Radar Approach Control. In 
addition, this action removes the existing Class D airspace area at 
Cyril E. King Airport, Charlotte Amalie St. Thomas, VI. 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 
Cyril E. King Airport, Charlotte Amalie St. Thomas, VI, 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 minor changes to the coordinates from 
``lat. 18 deg.20'19''N., long. 64 deg.58'11''W.'' to ``lat. 
18 deg.20'14''N., long. 64 deg.58'24''W,'' 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 7400.9C dated August 17, 1995, and effective September 16, 
1995, which is incorporated by reference in 14 CFR 71.1. 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. 

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Regulatory Evaluation Summary

    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 final 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, available in the docket, are 
summarized below.

Costs

    The establishment of the St. Thomas Class C airspace area will 
impose a one-time FAA administrative cost of $600. For the aviation 
community (namely, aircraft operators and fixed based operators), this 
final rule will impose little, if any, operating or equipment cost. The 
potential costs are presented below.
    The FAA does not expect to incur any additional costs for ATC 
staffing, training, or facility equipment. The FAA is confident that it 
can handle any additional traffic that will participate in radar 
services through more efficient use of personnel at the current 
staffing level.
    The FAA holds an informal public meeting at each proposed Class C 
airspace area location. These meetings provide pilots with the best 
opportunity to learn both how a Class C airspace area works and how it 
will affect their local operations. The expenses associated with these 
public meetings are incurred regardless of whether a Class C airspace 
area is ultimately established. Thus, they are more appropriately 
considered routine FAA costs. When this Class C airspace area becomes 
effective, any subsequent public information costs will be strictly 
attributed to the final rule. For instance, the FAA will distribute a 
Letter To Airmen to all pilots residing within 50 miles of the Class C 
airspace area site that will explain the operation and airspace 
configuration of the Class C airspace area. The Letter to Airmen cost 
will be approximately $600. This one-time negligible cost will be 
incurred upon the initial establishment of this Class C airspace area.
    The FAA anticipates that some pilots who currently transit the 
terminal area without establishing radio communications may choose to 
navigate around the airspace. However, the FAA contends that these 
operators can navigate around, over, or under the airspace without 
significantly deviating from their regular flight paths.
    The FAA recognizes that delays might develop at St. Thomas 
following the initial establishment of the Class C airspace area. The 
additional traffic that ATC will be handling due to the mandatory pilot 
participation requirement may result in minor delays to aircraft 
operations. However, those delays that do occur are typically 
transitional in nature. The FAA contends that any potential delays will 
eventually be more than offset by the increased flexibility afforded 
controllers in handling traffic as a result of Class C separation 
standards. This has been the experience at other Class C airspace 
areas.
    The FAA assumes that aircraft operating in the vicinity of St. 
Thomas already have two-way radio communications capability and, 
therefore, will not incur any additional costs.
    Once this Class C airspace area goes into place, aircraft operators 
will be subject to the Mode C Rule. That rule requires all aircraft to 
be equipped with an operable transponder with Mode C capability when 
operating in and above a Class C airspace area (up to 10,000 feet MSL). 
Some aircraft operators may have to acquire (or upgrade to) a Mode C 
transponder as a result of the establishment of the Class C airspace 
area. However, the cost of acquiring a Mode C transponder for all 
aircraft in the U.S. was previously accounted for as a cost of the Mode 
C Rule.
    The FAA has also adopted regulations requiring certain aircraft 
operators to install Traffic Collision Avoidance System (TCAS), which 
allows pilots to determine the position of other aircraft from the 
signal emitted by Mode C transponders. TCAS issues conflict resolution 
advisories as to what evasive actions are most appropriate for avoiding 
potential midair collisions. The TCAS Rule will not contribute to the 
potential costs associated with establishing the Class C airspace area, 
but it will contribute to the potential safety benefits. The benefits 
of establishing the St. Thomas Class C airspace area are discussed 
below.

Benefits

    The primary benefit of establishing the St. Thomas Class C airspace 
area will be enhanced aviation safety for the increasing number of 
passengers transiting through airspace. The volume of passenger 
enplanements at St. Thomas has risen dramatically. Enplanements in 1995 
are projected to be 648,000, up from 491,000 in 1990; by 2000, 
enplanements are projected to be 810,000. This high volume of passenger 
enplanements has made St. Thomas eligible to become a Class C airspace 
area.
    To study the effect that Class C airspace areas have on reducing 
the risk of midair collisions, the FAA looked at the occurrences of 
near-midair collisions (NMAC). In a study of NMAC data, the FAA's 
Office of Aviation Safety found that approximately 15 percent of 
reported NMACs occur in airspace similar to that at St. Thomas. This 
study found that about half of all NMACs occur in the 1,000 to 5,000 
feet altitude range, which is closely comparable to the altitudes where 
aircraft operate around airports that qualify for Class C airspace 
areas. This study also found that over 85 percent of NMACs occur in 
visual flight rules (VFR) conditions when visibility is five miles or 
greater. Finally, the study found that the largest number of NMAC 
reports are associated with instrument flight rules (IFR) operators 
under radar control conflicting with VFR traffic during VFR flight 
conditions below 12,500 feet. The mandatory participation requirements 
of the Class C airspace area and the radar services provided by ATC to 
VFR as well as IFR pilots will help alleviate such conflicts.
    A NAR Task Group study conducted by Engineering & Economics 
Research, Inc. reviewed NMAC data for Austin and Columbus during the 
1978 to 1984 period. This study found that the presence of Class C 
airspace reduced the probability of NMAC occurrence by 38 percent at 
Austin and 33 percent at Columbus. Another FAA study estimated that the 
potential for NMACs could be reduced by about 44 percent. Since near 
midair and actual midair collisions result from similar causal factors, 
a reduction in the risk of NMACs suggests a reduction in the risk of 
actual midair collisions.
    Ordinarily, the benefit of a reduction in the risk of midair 
collisions from establishing a Class C airspace area will be attributed 
entirely to establishing the Class C airspace area. However, an 
indeterminate amount of the benefits 

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have to be credited to the interaction of the Class C airspace area 
program with the Mode C Rule, which in turn interacts with the TCAS 
Rule. The benefits of establishing a Class C airspace area, as well as 
other designated airspace actions that require Mode C transponders, 
cannot be separated from the benefits of the Mode C and TCAS Rules. 
These airspace actions will share potential benefits totaling $4.4 
billion.

Comparison of Costs and Benefits

    The rule to establish a Class C airspace area at St. Thomas, VI, 
will impose a negligible cost of $600 on the agency. When this cost 
estimate of $600 is added to the total cost of establishing the other 
Mode-C-dependent airspace classes and the Mode C Rule and TCAS Rule, 
the costs will still be less than their total potential safety 
benefits. The rule will also generate some benefits in the form of 
enhanced operational efficiency while imposing little, if any, 
additional operating costs on pilots who choose to remain clear of the 
airspace. Thus, the FAA believes that the rule will be cost-beneficial.

International Trade Impact Assessment

    The rule will only affect U.S. terminal airspace operating 
procedures at and in the vicinity of St. Thomas, VI. The 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 will not incur a competitive trade 
disadvantage in either the sale of United States aviation products or 
services in foreign countries. Since all operators will be affected, 
the final rule will not give a competitive trade advantage or 
disadvantage to U.S. or foreign air carriers, fixed-base operators, or 
airports in the vicinity of St. Thomas.

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 government regulations. Small entities 
are independently owned and operated small businesses and small not-
for-profit organizations. The RFA requires agencies to review rules 
that may have ``a significant economic impact on a substantial number 
of small entities.''
    Under FAA Order 2100.14A entitled Regulatory Flexibility Criteria 
and Guidance, a significant economic impact means annualized net 
compliance cost to an entity, which when adjusted for inflation, is 
greater than or equal to the threshold cost level for that entity. A 
substantial number of small entities means a number that is eleven or 
more and is more than one-third the number of the small entities 
subject to a proposed or existing rule.
    For the purpose of this evaluation, the small entities that will be 
potentially affected by the final rule are fixed-base operators, flight 
schools, banner towing, seaplane shuttle bases, and other small 
aviation businesses located at and around St. Thomas. By using cutouts, 
special procedures, and Letters of Agreement between ATC and the 
affected parties, the FAA will make any practicable effort to eliminate 
the adverse affects on the operations of small entities in the vicinity 
of St. Thomas. The FAA has utilized such arrangements extensively in 
implementing other Class C airspace areas in the past. In addition, any 
delay problems that may initially develop following implementation will 
be transitory. This has been the experience at other Class C airspace 
areas. Thus, the final rule will not result in a significant economic 
impact on a substantial number of small entities.

Federalism Implications

    The regulations adopted herein will not have 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 will not have sufficient 
federalism implications to warrant the preparation of a Federalism 
Assessment.

Conclusion

    For the reasons discussed above, the FAA has determined that this 
rule (1) is not a ``significant regulatory action'' under Executive 
Order 12866; and (2) is not a ``significant rule'' under DOT Regulatory 
Policies and Procedures (44 FR 11034; February 26, 1979). It is also 
certified that this rule does not require preparation of a Regulatory 
Flexibility Analysis under the RFA.

List of Subjects 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

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. 106(g), 40113, 40120; E.O. 10854, 24 FR 
9565, 3 CFR, 1959-1963 Comp., p. 389; 14 CFR 11.69.


Sec. 71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of the Federal 
Aviation Administration Order 7400.9C, Airspace Designations and 
Reporting Points, dated August 17, 1995, and effective September 16, 
1995, is amended as follows:

Paragraph 4000--Subpart C-Class C Airspace

* * * * *

ASO VI C Charlotte Amalie St. Thomas, VI [New]

Cyril E. King Airport
    (lat. 18 deg.20'14''N., long. 64 deg.58'24''W.)

    That airspace extending upward from the surface to and including 
4,000 feet MSL within a 5-mile radius of the Cyril E. King Airport; 
and that airspace extending upward from 1,900 feet to and including 
4,000 feet MSL within a 10-mile radius of the airport from the 
075 deg. bearing from the airport clockwise to the 020 deg. bearing 
from the airport. This Class C airspace area is effective during the 
specific dates and times established in advance by a Notice to 
Airmen. The effective date and time will thereafter be continuously 
published in the Airport/Facility Directory.
* * * * *

Paragraph 5000--Subpart D-Class D Airspace

* * * * *

ASO VI D Charlotte Amalie Cyril E. King Airport, St. Thomas, VI 
[Removed]

* * * * *
    Issued in Washington, DC, on September 6, 1995.
Harold W. Becker,
Manager, Airspace--Rules and Aeronautical Information Division.

BILLING CODE: 4910-13-P

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[FR Doc. 95-23459 Filed 9-20-95; 8:45 am]
BILLING CODE 4910-13-C