[Federal Register Volume 63, Number 222 (Wednesday, November 18, 1998)]
[Proposed Rules]
[Pages 64016-64020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30092]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Airspace Docket No. 97-AWA-2]
RIN 2120-AA66
Proposed Modification of the Tampa Class B Airspace Area; FL
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This action proposes to modify the Tampa, FL, Class B airspace
area. Specifically, this action proposes to rename two existing
subareas, reconfigure the boundaries of three subareas, and create an
additional subarea within the Tampa Class B airspace area. The FAA is
proposing this action to efficiently align the Tampa Class B airspace
area as a result of a reduction in flying operations at MacDill Air
Force Base (AFB), to enhance safety, and to manage aircraft operations
in the Tampa, FL, terminal area.
DATES: Comments must be received on or before January 19, 1999.
ADDRESSES: Send comments on the proposal in triplicate to the Federal
Aviation Administration, Office of Chief Counsel, Attention: Rules
Docket, AGC-200, Airspace Docket No. 97-AWA-2, 800 Independence Avenue,
SW; Washington, DC 20591. Comments may also be sent electronically to
the following Internet address: [email protected]. The official
docket may be examined in the Rules Docket, Office of the Chief
Counsel, Room 916, 800 Independence Avenue, SW., Washington, DC,
weekdays, except Federal holidays, between 8:30 a.m. and 5:00 p.m. An
informal docket may also be examined during normal business hours at
the office of the Regional Air Traffic Division.
FOR FURTHER INFORMATION CONTACT:
Paul Gallant, 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:
Comments Invited
Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify the airspace docket number and be
submitted in triplicate to the address listed above. Commenters wishing
the FAA to acknowledge receipt of their comments on this notice must
submit with those comments a self-addressed, stamped postcard on which
the following statement is made: ``Comments to Airspace Docket No. 97-
AWA-2.'' The postcard will be date/time stamped and returned to the
commenter. All communications received on or before the specified
closing date for comments will be considered before taking action on
the proposed rule. The proposal contained in this notice may be changed
in light of comments received. All comments submitted will be avaiable
for examination in the Rules Docket both before and after the closing
date for comments. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will also be filed in
the docket.
Availability of NPRM's
An electronic copy of this document may be downloaded using a modem
and suitable communications software from the FAA regulations section
of the Fedworld electronic bulletin board service (telephone: 703-321-
3339) or the Federal Register's electronic bulletin board service
(telephone: 202-512-1661).
Internet users may reach the FAA's web page at http://www.faa.gov
or the Federal Register's webpage at http://www.access.gpo.gov/nara/
index.html for access to recently published rulemaking documents.
Any person may obtain a copy of this NPRM by submitting a request
to the Federal Aviation Administration, Office of Air Traffic Airspace
Management, 800 Independence Avenue, SW., Washington, DC 20591, or by
calling (202) 267-8783. Communications must identify the notice number
of this NPRM. Persons interested in being placed on a mailing list for
future NPRM's should call the FAA's Office of Rulemaking, (202) 267-
9677, for a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, that describes the application
procedure.
Related Rulemaking Actions
On May 21, 1970, the FAA published the Designation of Federal
Airways, Controlled Airspace, and Reporting Points Final Rule (35 FR
7782). This rule provided for the establishment of Terminal Control
Airspace (TCA) areas (now known as Class B airspace areas).
The TCA area program was developed to reduce the potential for
midair collision in the congested airspace surrounding airports with
high density air traffic by providing an area wherein all aircraft are
subject to certain operating rules and equipment requirements.
The density of traffic and the type of operations being conducted
in the airspace surrounding major terminals increases the probability
of midair collisions. In 1970, an extensive study found that the
majority of midair collisions occurred between a general aviation (GA)
aircraft and an air carrier or military aircraft, or another GA
aircraft. The basic causal factor common to these conflicts was the mix
of aircraft operating under visual flight rules (VFR) and aircraft
operating under instrument flight rules (IFR). Class B airspace areas
provide a method to accommodate the increasing number of IFR and VFR
operations. The regulatory requirements of these airspace areas afford
the greatest protection for the greatest number of people by giving air
traffic control increased capability to provide aircraft separation
service, thereby minimizing the mix of controlled and uncontrolled
aircraft.
The standard configuration of these airspace areas contains three
concentric circles centered on the primary airport extending to 10, 20,
and 30 nautical miles (NM), respectively. The standard vertical limit
of these airspace areas normally should not exceed 10,000 feet mean
seal level (MSL), with the floor established at the surface in the
inner area and at levels appropriate to the containment of operations
in the outer areas. Variations of these criteria may be utilized
contingent on the terrain, adjacent regulatory airspace, and factors
unique to the terminal area.
On June 21, 1988, the FAA published the Transponder With Automatic
Altitude Reporting Capability Requirement Final Rule (53 FR 23356).
This rule requires all aircraft to have an altitude encoding
transponder when
[[Page 64017]]
operating within 30 NM of any designated TCA (now known as Class B
airspace areas) primary airport from the surface up to 10,000 feet MSL.
This rule excluded those aircraft that were not originally certificated
with an engine-driven electrical system (or those that have not
subsequently been certified with such a system), balloons, or gliders.
On October 14, 1988, the FAA published the Terminal Control Area
Classification and Terminal Control Area Pilot and Navigation Equipment
Requirements Final Rule (53 FR 40318). This rule, in part, requires the
pilot-in-command of a civil aircraft operating within a Class B
airspace area to hold at least a private pilot certificate, except for
a student pilot who has received certain documented training.
On December 17, 1991, the FAA published the Airspace
Reclassification Final Rule (56 FR 65638). This rule discontinued the
use of the term ``Terminal Control Area'' and replaced it with the
designation ``Class B airspace area.'' This change in terminology is
reflected in the remainder of the NPRM.
Background
In April 1991, the Defense Base Realignment and Closure Commission
recommended the termination of all flight operations at MacDill AFB
(situated within the Tampa Class B airspace area) by September 1993.
However, in 1995, the Commission amended its findings and recommended
that the base continue to have an active flying mission. As a result of
the 1995 change, an Air Force unit consisting of 12 KC-135 aircraft was
transferred to MacDill AFB. Notwithstanding the return of an active Air
Force flying mission and the basing of National Oceanic and Atmospheric
Administration aircraft, the level of aircraft operations at MacDill
AFB remains significantly lower than the level existing previously.
Based on the reduction in the number of operations at MacDill AFB and
the FAA's periodic review of Class B airspace areas, in 1992, an ad hoc
committee, consisting of representatives from local user groups, was
formed to develop recommendations for modifying the Tampa Class B
airspace area.
Pre-NPRM Public Input
As announced in the Federal Register on January 4, 1993 (58 FR
120), two pre-NPRM informal airspace meetings were held on February 16
and 17, 1993, in Tampa and St. Petersburg, FL, to allow local
interested airspace users an opportunity to present input on the design
of the proposed alteration of the Tampa Class B airspace area. The
response to the proposed Class B airspace area modification from all
participants was favorable. One written comment was received during the
60-day comment period, which supported the proposal. Except for the
addition of a new subarea C in the vicinity of MacDill AFB, there have
been no changes to the proposal since the informal airspace meetings
were held in 1993.
Other Public Meetings
Due to the fact that this informal airspace meeting was held in
1993, the FAA will be conducting further meetings on this proposal. The
dates and times of these proposed meetings will be announced in the
Federal Register.
The coordinates for this airspace docket area based on North
American Datum 83. Class B airspace areas are published in paragraph
3000 of FAA Order 7400.9F, dated September 10, 1998, and effective
September 16, 1998, which is incorporated by reference in 14 CFR
section 71.1. The Class B airspace area listed in this document would
be published subsequently in the Order.
The Proposal
The FAA proposes to amend 14 CFR part 71 by modifying the Tampa,
FL, Class B airspace area. Specifically, this action (depicted on the
attached chart) proposes to amend one point in the legal description of
Area A; reduce the size of Area B; establish a new Area C in the
vicinity of MacDill AFB; realign the boundaries and rename the current
Area C as Area D; and realign the boundaries and rename the current
Area D as Area E. These modifications would provide additional airspace
for nonparticipating aircraft operating below the floor of the Tampa
Class B airspace area, and enhance the flow of air traffic in the Tampa
terminal area.
Area A would be unchanged except for amending the coordinates of
the Tampa airport surveillance radar (ASR) to reflect the position of
the new ASR-9 radar installed at Tampa.
Area B, which encompasses that Class B airspace extending upward
from 1,200 feet MSL to and including 10,000 feet MSL, would be reduced
in size. The modified Area B would be bounded by Interstate 75 (I-75)
on the east, a new subarea C (with a floor of 1,700 feet MSL) in the
vicinity of MacDill AFB to the south, and by the Tampa 10 NM arc. The
remaining section of the current Area B (i.e., that portion located to
the south of MacDill AFB, east of Albert Whitted Airport, and southward
to the 10 NM arc of the Sarasota-Bradenton Class C airspace area),
would be removed from Area B and incorporated into the modified Area D
and the modified Area E. This proposed change would raise the floor of
Class B airspace in the realigned segment from the current 1,200 feet
MSL. The floor of Class B airspace was originally set at 1,200 feet MSL
in that area to accommodate the extensive high performance, low
altitude jet traffic transiting between MacDill AFB and the offshore
training areas. With the termination of the fighter training mission at
MacDill AFB, there is no longer a requirement to retain Class B
airspace below 3,000 feet MSL over that portion of Tampa Bay extending
from MacDill AFB southward to the 10 NM arc of the Sarasota-Bradenton
Class C airspace area, as exists in the current configuration. The
proposed higher floor of the Class B airspace area would result in more
efficient use of the airspace and provide additional altitudes for use
by GA aircraft transitioning over Tampa Bay between the Orlando/
Lakeland area, and Albert Whitted and St. Petersburg-Clearwater
Airports. Further, this change would reduce the amount of air traffic
transitioning over Tampa International Airport and lessen air traffic
congestion around the St. Petersburg Very High Frequency
Omnidirectional Range/Tactical Air Navigation station.
The FAA proposes to create a new Area C, extending upward from
1,700 feet MSL to and including 10,000 feet MSL, in the vicinity of
MacDill AFB. The new Area C would allow for nonparticipating aircraft
operations in the MacDill AFB traffic pattern, below the floor of the
Tampa Class B airspace area.
The current Area C, consisting of that airspace extending upward
from 3,000 feet MSL to and including 10,000 feet MSL, would be renamed
Area D. As described above, the modified Area D would absorb most of
the airspace over Tampa Bay to the south of MacDill AFB that is
currently part of Area B. This action would raise the floor of the
Class B airspace in that area from 1,200 feet MSL to 3,000 feet MSL.
The current Area D, consisting of that airspace extending upward
from 6,000 feet MSL to and including 10,000 feet MSL, would be renamed
Area E. The modified Area E would generally retain the same lateral
dimensions of the current Area D, except that the segment of the
existing boundary line, which runs northward from Anna Maria Island to
lat. 27 deg.40'42''N., long. 82 deg.44'21''W., would be moved to the
east and realigned along the Skyway Bridge/I-275. As described above,
this
[[Page 64018]]
modification would merge a portion of the current Area B airspace into
the renamed Area E. The effect of this modification would be to raise
the floor of the Class B airspace between Skyway Bridge and Anna Maria
Island from the current 1,200 feet MSL, to 6,000 feet MSL. This change
would benefit aircraft navigating along the coastline and transiting
that airspace located between Egmont Key and the Skyway Bridge. Class B
airspace clearance would no longer be required for aircraft operating
below 6,000 feet MSL in that area. This proposal to modify the Tampa
Class B airspace area would enhance safety and improve the flow of air
traffic in the Tampa Class B airspace area. Further, the proposal would
benefit nonparticipating VFR operations by providing higher altitudes
for use by aircraft transitioning over Tampa Bay.
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 requires agencies to analyze the
economic effect of regulatory changes on small businesses and other
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
proposed rule: (1) Would generate benefits that justify its minimal
costs and is not a ``significant regulatory action'' as defined in the
Executive Order; (2) is not significant as defined in the Department of
Transportation's Regulatory Policies and Procedures; (3) would not have
a significant impact on a substantial number of small entities; (4)
would not constitute a barrier to international trade; and (5) would
not contain any Federal intergovernmental or private sector mandate.
These analyses are summarized here in the preamble and the full
Regulatory Evaluation is in the docket.
The FAA has determined that modification of the Tampa Class B
airspace area would increase the operational efficiency of the Class B
airspace while maintaining aviation safety in the terminal area. Also,
clearer boundary definition and changes to lateral limits of the
subareas would leave more available airspace for transitioning VFR
aircraft. The proposed rule would impose only negligible costs on some
airspace users and would potentially reduce circumnavigation costs to
some operators. The proposed rule would not impose additional
administrative costs on the FAA, since any potential increased
operations workload could be absorbed by current personnel and
equipment. Changes to aeronautical charts would occur during the chart
cycle and would cause no additional costs beyond normal updates of
charts.
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 proposed rule.
Initial Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 establishes ``as a principle
of regulatory issuance that agencies shall endeavor, consistent with
the objective of the rule and of applicable statutes, to fit regulatory
and informational requirements to the scale of the business,
organizations, and governmental jurisdictions subject to regulation.''
To achieve that principal, the Act requires agencies to solicit and
consider flexible regualtory proposals and to explain the rationale for
their actions. The Act covers a wide-range of small entities, including
small businesses, not-for-profit organizations and small governmental
jurisdictions.
Agencies must perform a review to determine whether a proposed or
final rule would have a significant economic impact on a substantial
nuber of small entities. If the determination is that it would, the
agency must prepare a regulatory flexibility analysis (RFA) as
described in the Act.
However, if an agency determines that a proposed or final rule is
not expected to have a significant economic impact on a substantial
number of small entities, section 605(b) of the 1980 act provides that
the head of the agency may so certify and an RFA is not required. The
certification must include a statement providing the factual basis for
this determination, and the reasoning should be clear.
This proposed rule may impose some negligible circumnavigation
costs only upon individuals operating in the Tampa Class B airspace.
Therefore, the FAA does not anticipate any adverse impacts to occur as
a result of the modified Class B airspace area.
The FAA conducted the required review of this proposal and
determined that it would not have a significant economic impact on a
substantial number of small entities. Accordingly, pursuant to the
Regulatory Flexibility Act, 5 U.S.C. 605(b), the Federal Aviation
Administration certifies that this proposed rule would not have a
significant economic impact on a substantial number of small entities.
The FAA solicits comments from affected entities with respect to this
finding and determination.
International Trade Impact Assessment
The proposed rule would 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 Mandates 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 mandates.'' 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 plan, among other things, must provide 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 proposed 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.
Conclusion
In view of the minimal or zero cost of compliance of the proposed
rule and the
[[Page 64019]]
enhancements to operational efficiency that do not reduce aviation
safety, the FAA has determined that the proposed rule would be cost-
beneficial.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
The Proposed Amendment
In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 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 for reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9F, Airspace Designations and
reporting Points, dated September 10, 1998, and effective September 16,
1998, is amended as follows:
Paragraph 3000--Subpart B--Class B Airspace
* * * * *
ASO FL B Tampa, FL [Revised]
Tampa International Airport (Primary Airport)
(Lat. 27 deg.58'32''N., long. 82 deg.32'00''W.)
Tampa ASR (lat. 27 deg.59'16''N., long. 82 deg.32'42''W.)
MacDill AFB (MCF) (lat. 27 deg.51'00''N., long. 82 deg.31'18''W.)
St. Petersburg VORTAC (PIE)
(Lat. 27 deg.54'28''N., long. 82 deg.41'04''W.)
Saratoga-Bradenton International Airport
(Lat. 27 deg.23'43''N., long. 82 deg.33'14''.)
Boundaries
Area A. That airspace extending upward from the surface to and
including 10,000 feet MSL bounded by an area beginning at lat.
27 deg.54'30''N., long. 82 deg.30'56''W., then clockwise along the
5-mile arc of the Tampa ASR to lat. 27 deg.57'44''N., long.
82 deg.27'17''W., to the point of beginning.
Area B. That airspace extending upward from 1,200 feet MSL to
and including 10,000 feet MSL beginning at the intersection of the
Tampa ASR 10-mile arc and the PIE VORTAC 132 deg. radial, then
clockwise along the Tampa ASR 10-mile arc to US Highway 301, then
south along US Highway 301 to Interstate 75, then south along
Interstate 75 to the Tampa ASR 12.5-mile arc, then clockwise along
the Tampa ASR 12.5-mile arc to the PIE VORTAC 132 deg. radial, then
northwest via the PIE VORTAC 132 deg. radial to the point of
beginning.
Area C. That airspace extending upward from 1,700 feet MSL to
and including 10,000 feet MSL bounded by a line beginning at the
intersection of the Tampa ASR 10-mile arc and the PIE VORTAC
132 deg. radial, then northeast along the line 1.5 miles from the
parallel to Runway 04/22 at MCF AFB until intercepting the 4.5-mile
arc from the MCF AFB airport reference point, then direct to the
intersection of Interstate 75 and the Tampa ASR 12.5-mile arc, then
clockwise along the Tampa ASR 12.5-mile arc until intercepting the
PIE VORTAC 132 deg. radial, then northwest via the PIE VORTAC
132 deg. radial to the point of beginning.
Area. D. That airspace extending upward from 3,000 feet MSL up
to and including 10,000 feet MSL bounded by a line beginning at the
shoreline due west of and to the intersection of Highway 19 and
Highway 52, at Hudson, FL, then east along Highway 52 to Interstate
75, then south along the eastern edge of Interstate 75 to Highway
54, then east along Highway 54 to Highway 39-301 at Zephyrhills, FL,
then south on Highway 39 to Highway 60, then west on Highway 60 to
lat. 27 deg.56'16''N., long. 82 deg.10'59''W., then south along the
railroad to Highway 301 at Parrish, FL, then southwest along Highway
301 to the 10-mile arc of the Sarasota-Bradenton, FL, Class C
airspace area, then counterclockwise along the 10-mile arc of the
Sarasota-Bradenton Class C airspace area to U.S. Route 19, then
northwest along U.S. Route 19 to Interstate 275, then north along
Interstate 275 to lat. 27 deg.42'26''N., long. 82 deg.40'45''W. (the
north end of the Skyway Bridge), then north along the mainland
shoreline to the point of beginning.
Area E. That airspace extending upward from 6,000 feet MSL to
and including 10,000 feet MSL bounded by a line beginning at the
intersection of U.S. Route 19 and the 10-mile arc of the Sarasota-
Bradenton Class C airspace area, then counterclockwise along the 10-
mile arc of the Sarasota-Bradenton Class C airspace area to
intercept the 30-mile arc of the Tampa ASR, then clockwise along the
Tampa ASR 30-mile arc to long. 82 deg.59'59''W., then north along
long. 82 deg.59'59''W., to the 30-mile arc to the Tampa ASR, then
clockwise along the Tampa ASR 30-mile arc to intercept Highway 39-
301, then south on Highway 39-301 to Highway 54 at Zephyrhills, Fl.;
and that airspace bounded by a line beginning at Highway 60 and
Highway 39, then south along Highway 39 to the Tampa ASR 30-mile
arc, then clockwise along the Tampa ASR 30-mile arc to the 10-mile
arc of the Sarasota-Bradenton Class C airspace area, then
counterclockwise along the 10-mile arc of the Sarasota-Bradenton
Class C airspace area to intercept Highway 301.
* * * * *
Issued in Washington, DC, on October 30, 1998.
Reginald C. Matthews,
Acting Program Director for Air Traffic Airspace Management.
Note: This Appendix will not appear in the Code of Federal
Regulations.
Appendix--Tampa, FL, Class B Airspace Area
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[FR Doc. 98-30092 Filed 11-17-98; 8:45 am]
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