[Federal Register Volume 63, Number 95 (Monday, May 18, 1998)]
[Rules and Regulations]
[Pages 27199-27204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13139]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 95-AWA-10]
RIN 2120-AA66


Establishment of Class C Airspace and Revocation of Class D 
Airspace, Springfield-Branson Regional Airport; MO

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 existing Class D airspace area at the Springfield-Branson Regional 
Airport, Springfield, MO. The Springfield-Branson Regional Airport is a 
public-use facility with an operating control tower served by a Level 
III Terminal Radar Approach Control Facility (TRACON). The 
establishment of this Class C airspace area will require pilots to 
maintain two-way radio communications with air traffic control (ATC) 
while in Class C airspace. The FAA is taking this action to promote the 
efficient control of air traffic and reduce the risk of midair 
collision in the terminal area. Additionally, this action corrects 
several inadvertent editorial errors.

EFFECTIVE DATE: 0901 UTC, June 18, 1998.

FOR FURTHER INFORMATION CONTACT: Sheri Edgett Baron, Airspace and Rules 
Division, ATA-400, Office of Air Traffic Airspace Management, Federal 
Aviation Administration, 800 Independence Avenue, SW., Washington, DC 
20591; telephone: (202) 267-8783.

SUPPLEMENTARY INFORMATION:

Background

    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, 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

[[Page 27200]]

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 it would propose ARSA's for other airports 
at which TRSA procedures were in effect in future notices.
    The NAR Task Group also 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 published 
via the FAA directives system (Order 7400.2, Procedures for Handling 
Airspace Matters).
    The FAA adopted the NAR Task Group recommendation that each Class C 
airspace area be of the same airspace configuration insofar as is 
practicable. The standard Class C airspace area consists of that 
airspace within 5 nautical miles (NM) of the primary airport, extending 
from the surface to an altitude of 4,000 feet above airport elevation 
(AAE), and that airspace between 5 and 10 NM from the primary airport 
from 1,200 feet above ground level to an altitude of 4,000 feet AAE. 
Proposed deviations from this standard have been necessary at some 
airports because of adjacent regulatory airspace, international 
boundaries, topography, or unusual operational requirements.

Related Rulemaking Actions

    On December 17, 1991, the FAA published the Airspace 
Reclassification Final Rule (56 FR 65638). This rule, in part, 
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 the remainder of this final rule.

Public Input

    As announced in the Federal Register on July 21, 1994 (59 FR 
37282), a pre-NPRM airspace meeting was held on September 7, 1994, in 
Springfield, MO. This meeting provided local airspace users an 
opportunity to present input on the design of the planned establishment 
of the Springfield, MO, Class C airspace area.
    On December 9, 1996, the FAA published an NPRM (61 FR 237, Notice 
95-AWA-10) that proposed to establish a Class C airspace area at the 
Springfield-Branson Regional Airport, MO. Interested parties were 
invited to participate in this rulemaking effort by submitting comments 
on the proposal to the FAA. In response to this NPRM, the FAA received 
twelve written comments. All comments were considered before making any 
final determination on this final rule. The comments received are 
analyzed below.

Analysis of Comments

    The FAA received several comments from the Air Line Pilots 
Association and local business operators, which were in support of 
establishing Class C airspace at Springfield-Branson Regional Airport.
    The FAA also received several comments from local businesses 
recommending the installation of an instrument landing system (ILS) 
precision approach to runway 20, and lengthening the primary runway at 
Springfield-Branson Regional Airport. While the FAA appreciates these 
comments, they are outside of the scope of the Notice, and should be 
directed to the operator of the Springfield-Branson Regional Airport.
    The FAA received several comments stating that the FAA has not used 
alternate nonrulemaking solutions to address safety issues concerning 
Springfield-Branson Regional Airport, and disagreed with the use of 
enplanement numbers as the only criteria to determine the need for 
Class C airspace.
    The FAA does not agree with these commenters. The FAA has exhausted 
all nonrulemaking alternatives to provide for an acceptable level of 
safety at Springfield-Branson Regional Airport. For example, over the 
past several years, the FAA has updated its equipment and improved its 
radar services. In addition, the FAA has routinely conducted user 
meetings and safety seminars to address local issues and safety 
concerns. The FAA held meetings in the Springfield area concerning: (1) 
potential conflicts between en route visual flight rules (VFR) aircraft 
using the Springfield Very High Frequency Omnidirectional Range (VOR) 
navigational aid and arriving traffic; (2) conflicts between aircraft 
on instrument approach to Runway 20 and the VFR flyway [area] to the 
southeast; (3) conflicts between aircraft using the localizer procedure 
and transiting aircraft operating to and from the Springfield Downtown 
Airport; and, (4) congestion caused by military aircraft operating to 
and from the Springfield-Branson Regional Airport for practice 
approaches and training. In addition, Springfield-Branson Regional 
Airport is the only airport in southwest Missouri that has a radar 
facility. This capability attracts several aviation flight training 
schools, thus adding to a mixed traffic environment.
    Regarding the criteria used to determine candidacy for Class C 
airspace areas, an airport must have an operational airport traffic 
control tower (ATCT) that is serviced by a radar approach control and 
meet one of the following: (1) 75,000 annual instrument operations 
count at the primary airport; (2) 100,000 annual instrument operations 
count at the primary and secondary airport in the terminal area hub; or 
(3) 250,000 annual enplaned passengers at the primary airport. The 
Springfield-Branson Regional Airport meets two of the FAA criteria and 
qualifies as a candidate for a Class C airspace area based on passenger 
enplanements (326,038 for calendar year 1996), and instrument 
operations (149,356 for calendar year 1997).
    The Aircraft Owners and Pilots Association commented that the FAA 
should delay establishing a Class C airspace at Springfield-Branson 
Regional Airport based on: (1) a proposal to establish commercial air 
service at M. Graham Clark Airport, located approximately 2 miles from 
Springfield-Branson Regional Airport; and, (2) the potential 
establishment of a new airport in close proximity to Springfield-
Branson Regional Airport.
    The FAA does not agree with this commenter, or that the 
establishment of the Class C airspace area should be delayed. 
Currently, there are no new airport proposals, private or public, for 
the Springfield-Branson area.
    The FAA is aware that commercial air service at M. Graham Clark is 
proposed to begin during the summer of 1998. If this operation 
commences, the FAA will monitor the situation to assess any impact on 
operations at Springfield-

[[Page 27201]]

Branson Regional Airport. Further, the FAA believes that timely 
establishment of a Class C airspace area will promote the efficient 
control of air traffic and reduce the risk of midair collision in the 
terminal area.
    The Manager of Mountain Grove Memorial Airport commented that only 
one public meeting had taken place, and another individual said they 
had not been informed of any public meetings.
    The FAA does not agree with these commenters. Prior to issuing the 
NPRM the FAA held seven public meetings (meeting dates: January 30, 
February 27, March 17, April 24, June 23, August 25 and September 22, 
1997) in the Springfield area to inform the public of its growing 
safety concerns and the need to change the designation of the airspace 
area. Further, a Notice of Informal Airspace Meeting was published in 
the Federal Register on July 21, 1994. Also, notices of meetings were 
sent to pilots with Class 2 medical certificates within a 70-mile 
radius of Springfield-Branson Regional Airport. The FAA believes that 
every effort was made to inform and involve the public of this 
rulemaking effort.
    The Manager of Mountain Grove Airport also objected to the 
establishment of Class C airspace, because it would require pilots to 
maintain two-way radio communications with ATC.
    The FAA does not agree with this objection. The requirement to 
maintain two-way radio communications with ATC exists in the current 
Class D airspace, and the establishment of Class C airspace will 
continue this requirement.
    One commenter stated that safety concerns would be mitigated by 
extending the Class D airspace area to the VOR where it is currently 
Class E airspace.
    The FAA does not agree. In Class D airspace areas there are no 
separation services provided to VFR aircraft. In contrast, a Class C 
airspace area will provide a controlled environment where separation 
services are provided to both VFR and IFR aircraft.
    Several commenters expressed a belief that the economic impact of 
establishing Class C airspace will be greater than the FAA's estimate 
of $575.00 as stated in the NPRM, and will warrant the establishment of 
a clearance delivery position.
    The FAA does not agree with these commenters. The FAA is confident 
that it can accommodate any additional increase in air operations 
caused by the establishment of this Class C airspace area at current 
authorized staffing levels. There are two positions already in place at 
the Springfield ATCT that could deliver clearances without an increase 
of personnel or equipment.
    Several individuals suggested that the establishment of Class C 
airspace would result in a pay raise for the controllers at Springfield 
ATCT.
    The FAA does not agree with these commenters. The purpose of 
establishing a Class C airspace area at this airport is to promote the 
efficient control of air traffic and reduce the risk of midair 
collision in the terminal area.
    One commenter believes that many of the aircraft based at airports 
within 20 miles of Springfield-Branson Regional Airport have no 
electrical systems, and it would be financially difficult to equip them 
with radios and transponders required to enter Class C airspace.
    Another commenter believes that the cost of circumnavigating the 
Class C airspace will not be negligible.
    The FAA does not agree with this comment. Currently, Title 14 CFR 
section 91.215 sets out requirements for ATC transponder and altitude 
reporting equipment and use. This regulation includes procedures 
whereby aircraft not equipped with the required transponder equipment 
may get relief from the stipulated requirements. Additionally, those 
aircraft transiting the area that do not want to establish radio 
communication with ATC may also choose to circumnavigate the Class C 
airspace area. As set out in the associated Regulatory Evaluation 
Summary for this regulatory effort, the FAA believes that any costs 
associated with circumnavigation will be negligible.

The Rule

    This amendment to part 71 of 14 CFR part 71 establishes a Class C 
airspace area and revokes the Class D airspace area at Springfield-
Branson Regional Airport located in Springfield, MO. Springfield-
Branson Regional Airport is a public-use facility with an operating 
control tower served by a Level III TRACON. 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.
    Additionally, this action correctly identifies this Class C airport 
as the Springfield-Branson Regional Airport. The notice inadvertently 
listed the airport name incorrectly. This rule also corrects the 
coordinates for the Springfield-Branson Regional Airport, the Bird 
Field Airport, and also deletes the reference to the Springfield VORTAC 
coordinates. Further, this final rule correctly identifies the Class C 
airspace area as a continuous operation.
    Definitions and operating requirements applicable to Class C 
airspace can be found in section 71.51 of part 71 and sections 91.1 and 
91.130 of part 91 of the FAR. The coordinates for this airspace docket 
are based on North American Datum 83. Class C and Class D airspace 
designations are published, respectively, in paragraphs 4000 and 5000 
of FAA Order 7400.9E dated September 10, 1997, and effective September 
16, 1997, 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.

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 is not ``a 
significant regulatory action'' as defined in the Executive Order and 
by the Department of Transportation Regulatory Policies and Procedures. 
This rule will not have a significant impact on a substantial number of 
small entities; will not constitute a barrier to international trade 
and does not contain any Federal intergovernmental or private sector 
mandate. These analyses, available in the docket, are summarized below.
    The FAA has determined that the establishment of the Springfield, 
MO, Class C airspace area at the Springfield-Branson Regional Airport 
will impose a one-time FAA administrative cost of $600 (1997 dollars). 
The FAA has also determined that this rule will impose a negligible 
cost on the aviation community (aircraft operators and fixed based 
operators).
    The FAA will distribute a ``Letter To Airmen'' to all pilots 
residing within 50 miles of the Class C airspace site that

[[Page 27202]]

will explain the operation and airspace configuration of the Class C 
airspace area. The ``Letter to Airmen'' costs will be about $600 (1997 
dollars). This one-time negligible cost will be incurred upon the 
establishment of the Class C airspace area.
    To establish a Class C airspace area at Springfield-Branson 
Regional Airport, MO, the FAA does not expect to incur any additional 
costs for ATC staffing, training, or facility equipment. The FAA can 
accommodate participating traffic with current staffing levels. The FAA 
will train its controller force in Class C airspace procedures during 
regularly scheduled briefing sessions routinely held at the airport. 
Thus, no additional training costs or equipment requirements are 
anticipated.
    The establishment of Class C airspace throughout the country has 
required sectional charts to be revised by removing existing airspace 
configurations and incorporating the new Class C airspace boundaries. 
The FAA currently revises sectional charts every 6 months to reflect 
changes to the airspace environment. Those changes required to depict 
Class C airspace are made routinely during these charting cycles. The 
periodic changes to these charts are considered routine operating 
expenses of the FAA. Thus, the FAA does not expect to incur any 
additional charting costs as the result of the Springfield-Branson 
Regional Airport Class C airspace area.
    Most aircraft operating in the vicinity of the Springfield-Branson 
Regional Airport Class C airspace area already have an altitude 
encoding transponder and two-way radio communications capability. 
Therefore, there will be no equipment costs to aircraft operators as a 
result of this rule.
    The FAA anticipates that some pilots who currently transit the 
terminal area without establishing radio communications may choose to 
circumnavigate the Springfield-Branson Regional Airport Class C 
airspace area. However, the FAA contends that these operators could 
circumnavigate the Class C airspace area without significantly 
deviating from their regular flight paths. The operators who choose to 
fly beyond the lateral boundaries will be required to navigate an 
additional 1 to 6 nautical miles, adding an additional 2 to 12 minutes 
of flight time per trip. For aircraft costing approximately $75 per 
hour to operate, the circumnavigation cost amounts to an additional 
$2.50 to $15.00 per flight. Operators could remain clear of the Class C 
airspace area by flying above the ceiling of 5,300 feet mean sea level 
(MSL), beneath the outer floor of 2,500 feet MSL, or beyond the lateral 
boundaries. Thus, the FAA believes that any circumnavigation costs due 
to this rulemaking will be negligible.
    The establishment of the Springfield-Branson Regional Airport Class 
C airspace area is not expected to have any adverse impacts on the 
operations at Bird Field. Bird Field is a satellite airport, 
approximately 5 nautical miles north of Springfield-Branson Regional 
Airport. The Class C airspace area will exclude the airspace 
encompassing a 1-mile radius around Bird Field. Most pilots using this 
airport will probably circumnavigate the Class C airspace area.
    The benefits of the Springfield-Branson Regional Airport, MO, lass 
C airspace area are enhanced aviation safety and improved operational 
efficiency. The Springfield-Branson Regional Airport Class C airspace 
area will lower the risk of midair collisions as a result of increased 
positive control of airspace around the Springfield-Branson Regional 
Airport.
    The establishment of the Springfield-Branson Regional Airport Class 
C airspace area will impose a negligible, if any, cost on the aviation 
community and a cost of about $600 on the FAA. The FAA has determined 
that in view of the negligible cost of compliance, enhanced aviation 
safety and operational efficiency, establishment of the Springfield-
Branson Regional Airport Class C airspace area will be cost-beneficial.

Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (RFA) was enacted by 
Congress to ensure that small businesses and other small entities are 
not unnecessarily or disproportionately burdened by Federal 
regulations. The RFA requires a Regulatory Flexibility analysis if a 
rule will have a significant economic impact on a substantial number of 
small entities.
    The FAA certifies that this final rule will impose negligible 
additional costs upon some operators in the Springfield-Branson 
Regional Airport Class C airspace area, therefore, the rule will not 
have a significant economic impact on a substantial number of small 
entities.

Initial Trade Impact Assessment

    The rule will not constitute a barrier to international trade, 
including the export of U.S. goods and services to foreign countries or 
the import of foreign goods and services into the United States.

Unfunded Mandate Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (the Act), 
enacted as Pub. L. 104-4 on March 22, 1995, requires each Federal 
agency, to the extent permitted by law, to prepare a written assessment 
of the effects of any Federal mandate in a proposed or final agency 
rule that may result in the expenditure of $100 million or more (when 
adjusted annually for inflation) in any one year by State, local, and 
tribal governments in the aggregate, or by the private sector. Section 
204(a) of the Act, 2 U.S.C. 1534(a), requires the Federal agency to 
develop an effective process to permit timely input by elected officers 
(or their designees) of State, local, and tribal governments on a 
proposed ``significant intergovernmental mandate.'' A ``significant 
intergovernmental mandate'' under the Act is any provision in a Federal 
agency regulation that would impose an enforceable duty upon State, 
local, and tribal governments in the aggregate of $100 million adjusted 
annually for inflation in any one year. Section 203 of the Act, 2 
U.S.C. 1533, which supplements section 204(a), provides that, before 
establishing any regulatory requirements that might significantly or 
uniquely affect small governments, the agency shall have developed a 
plan that, among other things, provides for notice to potentially 
affected small governments, if any, and for a meaningful and timely 
opportunity to provide input in the development of regulatory 
proposals.
    This rule does not contain any Federal intergovernmental or private 
sector mandates. Therefore, the requirements of Title II of the 
Unfunded Mandates Reform Act of 1995 do not apply.

List of Subjects in 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 part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.


Sec. 71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of the
    Federal Aviation Administration Order 7400.9E, Airspace 
Designations

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and Reporting Points, dated September 10, 1997, and effective September 
16, 1997, is amended as follows:

Paragraph 4000 Subpart C--Class C Airspace.

* * * * *

ACE MO C  Springfield-Branson Regional Airport, MO [New]

Springfield-Branson Regional Airport, MO
    (Lat. 37 deg.14'40'' N., long. 93 deg.23'13'' W.)
Bird Field Airport
    (Lat. 37 deg.19'12'' N., long. 93 deg.25'12'' W.)

    That airspace extending upward from the surface to, and 
including, 5,300 feet MSL within a 5-mile radius of Springfield-
Branson Regional Airport, excluding that airspace within a 1-mile 
radius of the Bird Field Airport and that airspace extending upward 
from 2,500 feet MSL to, and including, 5,300 feet MSL within a 10-
mile radius of Springfield-Branson Regional Airport.
* * * * *

Paragraph 5000  Subpart D-Class D Airspace.

* * * * *

ACE MO D  Springfield, MO [Removed]

* * * * *
    Issued in Washington, DC, on May 13, 1998.
John S. Walker,
Program Director for Air Traffic Airspace Management.

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[FR Doc. 98-13139 Filed 5-15-98; 8:45 am]
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