[Federal Register Volume 63, Number 160 (Wednesday, August 19, 1998)]
[Rules and Regulations]
[Pages 44374-44377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22244]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 98-AWA-1]
RIN 2120-AA66


Revision of the Legal Description of the Memphis Class B Airspace 
Area; Tennessee

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action revises the legal description of the Memphis, TN, 
Class B airspace area by changing the point of origin of the airspace 
area from the Memphis Very High Frequency Omnidirectional Range/
Tactical Air Navigation (VORTAC) to the VORTAC's present geographical 
coordinate. The FAA is taking this action due to the relocation of the 
Memphis VORTAC 2.85 nautical miles south of the site it currently 
occupies. The intent of this action is to facilitate the relocation of 
the Memphis VORTAC without changing the actual dimensions, 
configuration, or operating requirements of the Memphis Class B 
airspace area. The effective date of this rulemaking action will 
coincide with the relocation of the Memphis VORTAC. The August 13, 
1998, effective date does not correspond with a scheduled publication 
date for the appropriate aeronautical charts. The Memphis Visual Flight 
Rules (VFR) Terminal Area Chart and Memphis Sectional Aeronautical 
Chart will be published on October 8, 1998, and will reflect this 
rulemaking action.

EFFECTIVE DATE: 0901 UTC, August 19, 1998.

FOR FURTHER INFORMATION CONTACT: Patricia P. Crawford, 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 June 4, 1998, the FAA published a proposal, in the Federal 
Register, to revise the legal description for the Memphis, TN, Class B 
airspace area (63 FR 30427). Interested parties were invited to 
participate in this rulemaking proceeding by submitting written 
comments. No comments objecting to the proposal were received during 
the comment period that closed on July 6, 1998. However, the FAA 
received two

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comments, from the Aircraft Owners and Pilots Association (AOPA) and 
the Air Line Pilots Association (ALPA) after the close of the comment 
period. An analysis of the comments received and the FAA's response are 
discussed below.

Analysis of Comments

    ALPA commented that the use of a geographical point of origin to 
determine one's position is only practical for aircraft equipped with 
LORAN or GPS. They are of the opinion that use of a geographical 
``point of origin'' for this Class B airspace area would present a 
human factors impact because the proposed airspace will appear to be 
designed with fix radial distance which would be inaccurate unless the 
airspace area is centered on a NAVAID. ALPA further states that not 
centering the airspace area on a NAVAID would cause pilots to intrude 
on the airspace area and degrade the safety of aircraft operations.
    The FAA does not agree with this commenter. As described in the 
Notice, the configuration (vertical and lateral limits) of the Memphis 
Class B airspace area will remain the same and are not being changed by 
this rulemaking effort. However, the relocated VORTAC cannot be used to 
solely describe the airspace area description, which has not been 
affected. Use of a geographic point of origin in the airspace 
description will only eliminate the Memphis NAVAID as the point of 
origin. The FAA does not believe that a revision to the legal 
description of the airspace area, which does not alter the airspace 
configuration, will contribute to inadvertent incursions or derogate 
safety.
    The FAA will disseminate information regarding the revised legal 
description of the Memphis Class B airspace area in the Notices to 
Airmen publication and will publish a special notice in the Airport/
Facility Directory to ensure that pilots and airspace users are advised 
of the status. Also, the FAA's Southern Regional Office will distribute 
Letters to Airmen that will advertise the revised description of the 
airspace area, and discuss the change in legal description in users 
forums that would be held in the local area.
    AOPA maintains that the 30-day comment period for the notice was 
not adequate and requests that the comment period be reopened for an 
additional 60-days. AOPA also proposes that the FAA use a 90 day 
comment period for airspace rulemaking proposals and review alternative 
methods of providing notice to the flying public in addition to 
publication in the Federal Register.
    The FAA does not agree with this comment. The 30-day comment period 
was adequate and is consistent with the FAA's timeframe policy for 
airspace rules. Title 14 Code of Federal Regulations Section 11.65(d) 
provides in part that ``approximately 30 days are allowed for 
submitting written information, views or arguments on the notice. 
Petitions for extension of the time for such comments are governed by 
the provisions of Section 11.29(c).'' Although comments were received 
outside the 30-day comment period, it was practicable and feasible to 
consider and address them in this final rule. The FAA does not find a 
need to reopen the comment period for this effort. To the extent, the 
commenter would prefer a mandatory 90-day comment period applicable to 
airspace rule proposals, that request may be submitted as a petition 
for rulemaking. Regarding the use of the Federal Register to 
disseminate rulemaking information, the FAA will continue to use the 
Register as the predominate tool for announcing rulemaking efforts. 
However, the FAA will explore other avenues, such as utilizing user 
entities, to disseminate rulemaking information of this type.
    AOPA maintains that the FAA has already acquired and installed a 
VORTAC in a new location, as well as, flight checked and adjusted the 
relevant airways and instrument approaches. AOPA contends that these 
actions prejudged the outcome of the notice of proposed rulemaking for 
the revision of the description of the Class B airspace area.
    The FAA does not agree with this comment. The relocation of the 
Memphis VORTAC, or any NAVAID in itself is not regulatory in nature. 
This rulemaking effort is necessary to update and maintain an accurate 
description of the Memphis Class B airspace area. The FAA reiterates 
that the configuration of the Memphis Class B airspace area remains 
unchanged. Currently, the legal description of the Memphis Class B 
airspace area uses the former location of the NAVAID extensively to 
describe its boundaries. The airspace description must be revised to 
use a point in space which corresponds to the former geographic 
location of the VORTAC. If this revision is not accomplished, the 
location of the Class B airspace area will change when the VORTAC 
becomes operational, which is contrary to the intent of this rulemaking 
and will result in pilot confusion and potentially affect air safety.
    AOPA also states that the proposed revision to the description of 
the Memphis Class B airspace area will change the operational 
requirements for aircraft navigating in and around the airspace area 
and that pilots will no longer be able to navigate without RNAV 
capability to determine their relative position. The commenter asserts 
that the use of a geographic point in space to describe the airspace, 
instead of the NAVAID, will eliminate a navigational tool for those 
aircraft, operating in accordance with visual flight rules (VFR) 
attempting to navigate around the airspace area using VOR/DME.
    The FAA does not agree with this comment. VFR flight can be 
conducted using a variety of navigation which does not depend 
exclusively on a NAVAID being the center of this airspace area. As 
stated in the proposal for this effort, the vertical or lateral limits 
of the existing Memphis Class B airspace area are not being changed. 
The proposed is in response to the relocation of the NAVAID previously 
used to describe the boundaries of the existing airspace area. The FAA 
believes that relocating the NAVAID does not compromise the airspace 
area. The current geographical landmarks used by pilots navigating in 
accordance with VFR flight rules to determine their position relative 
to the airspace area remain intact. These landmarks were selected with 
the assistance of local user groups when the Class B airspace area was 
established. The FAA believes that flight in the area can be conducted 
without the sole reliance on the NAVAID when appropriately planned for 
during preflight preparation. Additionally, future aeronautical charts 
depicting the airspace area will reflect mileage from the airspace 
areas point of origin, and, wherever possible, from the new NAVAID 
location as well as an accompanying chart that will depict latitude/
longitude and fix radial distance information. Further, the FAA will 
disseminate information regarding the revised legal description of the 
Memphis Class B airspace area in the Notices to Airmen publication and 
will publish a special notice in the Airport/Facility Directory to 
ensure that pilots and airspace users are advised of the status. Also, 
the FAA's Southern Regional Office will distribute Letters to Airmen 
that will advertise the revised description of the airspace area, and 
discuss the change in legal description in user forums that would be 
held in the local area.
    AOPA notes that the FAA has used local user groups to assist with 
the determination of the points to be depicted to benefit VFR 
navigation. The commenter maintains that the FAA did not follow its own 
policy of working

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with local user groups prior to a regulatory proposal, with regard to 
the proposed relocation of the Memphis VORTAC.
    The FAA does not agree with this comment. The FAA does not consult 
with user groups and the public regarding the installation or 
relocation of navigational aids. This rulemaking action revises the 
airspace description to reflect the fact that the Memphis VORTAC cannot 
be used any longer to accurately describe the airspace.
    AOPA asks that the FAA delay commissioning of the new VORTAC until 
the airspace is realigned or until the general aviation user concerns 
are adequately mitigated.
    The FAA disagrees that the commissioning of the new VORTAC should 
be delayed until the airspace is realigned. The Memphis Class B 
airspace area is not dependent upon the location of a VORTAC. However, 
the FAA continuously reviews Class B airspace areas and will review the 
Memphis Class B airspace in the future.

The Rule

    Due to the relocation of the Memphis, TN, VORTAC 2.85 nautical 
miles south of its current location, the FAA is revising the legal 
description for the Memphis, TN, Class B airspace area by changing the 
point of origin from the Memphis VORTAC navigational aid to the 
VORTAC's current geographical coordinate. Relocating the navigational 
aid affects the legal description of the airspace area. Except for 
editorial changes and minor adjustments to the geographic coordinates 
for the Memphis International Airport, this rule is the same as that 
proposed in the notice. This action does not change the vertical or 
lateral limits of the existing Memphis Class B airspace area.
    The Memphis VORTAC will be operational on August 13, 1998. In order 
to avoid pilot confusion and to make pilots immediately aware of the 
revised legal description of the Memphis Class B airspace area, the FAA 
finds that good cause exists, pursuant to 5 U.S.C (d), for making this 
amendment effective in less than 30 days. The August 13, 1998, 
effective date does not correspond with a scheduled publication date 
for the appropriate aeronautical charts. In the interim, the FAA will 
disseminate information regarding the revised legal description of the 
Memphis Class B airspace area in the Notices to Airmen publication and 
will publish a special notice in the Airport/Facility Directory to 
ensure that pilots and airspace users are advised of the status. 
Additionally, the FAA's Southern Regional Office will distribute 
Letters to Airmen that will advertise the revised description of the 
airspace area. The Memphis VFR Terminal Area Chart and Memphis 
Sectional Aeronautical Chart will be published on October 8, 1998, and 
will reflect this rulemaking action.
    The FAA has determined that this regulation only involves an 
established body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current. 
Therefore, this regulation: (1) I not a ``significant regulatory 
action'' under Executive Order 12866; (2) is not a ``significant rule'' 
under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 
1979); and (3) does not warrant preparation of a regulatory evaluation 
as the anticipated impact is so minimal. Since this is a routine matter 
that will only affect air traffic procedures and air navigation, it is 
certified that this rule, when promulgated, will not have a significant 
economic impact on a substantial number of small entities under the 
criteria of the Regulatory Flexibility Act.

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

Paragraph 3000--Subpart B-Class B Airspace

* * * * *

ASO TN B Memphis, TN [Revised]

Memphis International Airport (Primary Airport)
    (Lat. 35 deg.02'37'' N., long. 89 deg.58'36'' W.)
Point of Origin
    (Lat. 35 deg.03'46'' N., long. 89 deg.58'54'' W.)

Boundaries

    Area A. That airspace extending upward from the surface to and 
including 10,000 feet MSL within a 7-mile arc of the Point of Origin 
extending clockwise from the 075 deg. bearing from the Point of 
Origin to the 275 deg. bearing from the Point of Origin and within a 
5-mile arc of the Point of Origin extending clockwise from the 
275 deg. bearing from the Point of Origin to the 075 deg. bearing 
from the Point of Origin.
    Area B. That airspace extending upward from 1,800 feet MSL to 
and including 10,000 feet MSL within the area bounded by a line 
beginning at the 037 deg. bearing 13-mile position from the Point of 
Origin; thence southward to the 052 deg. bearing 10-mile position 
from the Point of Origin; then clockwise on the 10-mile arc until 
intercepting the 126 deg. bearing from the Point of Origin; then 
extending southward until intercepting the 147 deg. bearing 15-mile 
position from the Point of Origin; thence clockwise on the 15-mile 
arc until intercepting the 211 deg. bearing from the Point of 
Origin; thence northward until intercepting the 226 deg. bearing 11-
mile position from the Point of Origin; thence clockwise on the 11-
mile arc until intercepting the 312 deg. bearing from the Point of 
Origin; thence northbound until intercepting the 321 deg. bearing 
13-mile arc from the Point of Origin; thence clockwise on the 13-
mile arc to the point of beginning and excluding that airspace 
within Area A.
    Area C. That airspace extending upward from 3,000 feet MSL to 
and including 10,000 feet MSL within a 20-mile radius of the Point 
of Origin and excluding that airspace within Areas A and B.
    Area D. That airspace extending upward from 5,000 feet MSL to 
and including 10,000 feet MSL within a 30-mile radius of the Point 
of Origin, excluding that airspace northwest of a line from the 
295 deg. bearing 30-mile position from the Point of Origin to the 
352 deg. bearing 30-mile position from the Point of Origin, 
excluding that airspace southeast of a line from the 114 deg. 
bearing 30-mile position from the Point of Origin to the 157 deg. 
bearing 30-mile position from the Point of Origin and excluding that 
airspace within Areas A, B, and C.
* * * * *
    Issued in Washington, DC, on August 13, 1998.
Reginald C. Matthews,
Acting Program Director for Air Traffic Airspace Management.

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[FR Doc. 98-22244 Filed 8-13-98; 5:07 pm]
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