[Federal Register Volume 66, Number 216 (Wednesday, November 7, 2001)]
[Proposed Rules]
[Pages 56251-56256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27999]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2001-9813; Airspace Docket No. 00-AWA-7]
RIN 2120-AA66


Proposed Modification of the Memphis Class B Airspace Area; TN

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to modify the Memphis, TN, Class B 
airspace area. Specifically, this action proposes to reconfigure the 
sub-area boundaries, add one new sub-area, and lower the altitude floor 
in certain segments of the Memphis Class B airspace area. In addition, 
the FAA is proposing to describe the boundaries of the Memphis Class B 
airspace area using the Memphis Very High Frequency Omnidirectional 
Range Tactical Air Navigation (VORTAC) facility as the reference point. 
The FAA is proposing this action to more efficiently align the Memphis 
Class B airspace area to better accommodate simultaneous parallel 
instrument landing system (ILS) approach procedures and simultaneous 
intersecting runway operations. This change would improve the 
management of air traffic operations and enhance safety in the Memphis 
Class B airspace area while accommodating the concerns of airspace 
users.

[[Page 56252]]


DATES: Comments must be received on or before January 7, 2002.

ADDRESSES: Send comments on this proposal to the Docket Management 
System, U.S. Department of Transportation, Room Plaza 401, 400 Seventh 
Street, SW., Washington, DC 20590-0001. You must identify both docket 
numbers, FAA-2001-9813/Airspace Docket No. 00-AWA-7, at the beginning 
of your comments.
    You may also submit comments through the Internet to http://dms.dot.gov. You may review the public docket containing the proposal, 
any comments received, and any final disposition in person in the 
Dockets Office between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays. The Dockets Office (telephone 1-800-647-5527) is on 
the plaza level of the NASSIF Building at the Department of 
Transportation at the above address.
    An informal docket may also be examined during normal business 
hours at the office of the Regional Air Traffic Division, ASO-500, 
Federal Aviation Administration, 1701 Columbia Avenue, College Park, GA 
30337.

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 Docket Nos. FAA-2001-
9813/Airspace Docket No. 00-AWA-7.'' 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 available 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 be filed in the docket.

Availability of NPRM's

    An electronic copy of this document may be downloaded through the 
internet at http://dms.dot.gov.
    Internet users may reach the FAA's web page at http://www.faa.gov 
or the Federal Register's web page at http://www.access.gpo.gov/nara 
for access to recently published rulemaking documents.
    Any person may also obtain a copy of this NPRM by submitting a 
request to the FAA, Office of Air Traffic Airspace Management, ATA-400, 
800 Independence Avenue, SW., Washington, DC 20591, or by calling (202) 
267-8783. Communications must identify both docket numbers of this 
NPRM. Persons interested in being placed on a mailing list for future 
NPRM's should call the FAA, Office of Rulemaking, (202) 267-9677, to 
request a copy of Advisory Circular No. 11-2A, Notice of Proposed 
Rulemaking Distribution System, which 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).
    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 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 this NPRM.

Background

    The TCA (now Class B airspace) 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 increase 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 as 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 sea 
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 August 19, 1998, the FAA published the revision of the legal 
description of the Memphis Class B airspace area, TN, Final Rule (63 FR 
44374). The FAA took this action due to the relocation of the Memphis 
VORTAC to a new position 2.85 NM south of the

[[Page 56253]]

site it had occupied. The Memphis VORTAC was relocated to accommodate 
airport expansion. This rule revised the Memphis Class B airspace area 
by changing the reference point for the description of the areas from 
the Memphis VORTAC to a point-in-space established at the Memphis 
VORTAC's former geographical coordinates. The intent of that action was 
to facilitate the relocation of the Memphis VORTAC without changing the 
actual dimensions, configuration, operating requirements, or charted 
depiction of the Memphis Class B airspace area.
    Memphis International Airport has recorded a continuing increase in 
daily scheduled air carrier and air taxi operations. Between January 
1998 and December 1999, Memphis has experienced a 7.81% growth in 
scheduled flights with an expected increase of 2.5% annually. Satellite 
airport operations traffic count is up 57% since 1997. The GA traffic 
count is up 5% since 1996.
    User feedback and operational experience, since the August 19, 
1998, revision of the Memphis Class B airspace area, has revealed that 
the use of a point-in-space reference, for describing the area, places 
pilots without global positioning system (GPS) navigation equipment in 
a difficult situation requiring them to remain clear of an area they 
could not readily identify. Additionally, the current airspace 
configuration has proven to be inefficient when conducting simultaneous 
ILS approaches due to the incompatibility with the instrument approach 
procedures. The current Class B configuration does not allow for the 
most efficient use of simultaneous parallel instrument approaches and 
simultaneous intersecting runway operations at Memphis International 
Airport.

Pre-NPRM Public Input

    As announced in the Federal Register on March 14, 2000 (65 FR 
13818), two pre-NPRM informal airspace meetings were held on April 27 
and May 4, 2000, in Collierville and Memphis, TN, to allow local 
interested airspace users an opportunity to present input on the design 
of the planned alteration of the Memphis Class B airspace area. The 
response to the planned Class B airspace area modification from all 
participants was favorable. No written adverse comments were received 
during the 60-day comment period.

The Proposal

    The FAA proposes to amend 14 CFR part 71 by modifying the Memphis, 
TN, Class B airspace area. Specifically, this action (depicted on the 
attached chart) proposes to expand the lateral limits of Areas A, B, 
and C, and establish a new Area E in order to improve the containment 
of turbo-jet aircraft within Class B airspace. In addition, the FAA 
proposes to redescribe the Memphis Class B airspace area using radials 
and mileages from the Memphis VORTAC instead of the current point-in-
space latitude/longitude position. This change would simplify 
navigation in the Memphis terminal area for aircraft that are not GPS 
equipped.
    Area A. The FAA proposes to reconfigure Area A (that area beginning 
at the surface up to 10,000 feet MSL), by slightly expanding the 
lateral dimensions of the surface area to provide the additional Class 
B airspace needed for simultaneous parallel ILS approach procedures and 
to accommodate secondary airport operations. With the exception of Bob 
White and Freeman Farm Airports, all secondary airports have been 
excluded from this surface area. Bob White Airport is a privately 
owned, uncharted airport located approximately 7 miles south southeast 
of Memphis and 2 miles east of Runway 36R final approach course. 
Freeman Farm is a privately owned, uncharted airport located 
approximately 7 miles southeast of Memphis and 5 miles east of Runway 
36R final approach course. The FAA has concluded Letters of Agreement 
with the operators of these private airports to accommodate users and 
ensure the integrity of Class B airspace operations.
    Area B. The FAA proposes to expand the lateral dimensions of Area B 
(that area beginning at 1,800 feet MSL up to 10,000 feet MSL). This 
change would ensure the containment of instrument procedures using a 
300-foot-per-mile gradient and provide the additional airspace 
necessary to maximize the use of simultaneous parallel ILS approaches, 
as well as simultaneous intersecting runway operations using Runway 27. 
On the east side, the proposed expanded boundary of Area B (between the 
MEM 090 deg. and 111 deg. radials) has been adjusted to exclude the 
Olive Branch Airport (OLV) from Area B.
    Area C. The FAA proposes to extend the boundaries of Area C (that 
area beginning at 3,000 feet MSL up to 10,000 feet MSL), outward to the 
MEM 30-mile arc in the segments to the north and south of the Memphis 
International Airport. This change would lower the floor of Class B 
airspace to 3,000 feet MSL in the Area C extensions to ensure the 
efficient use of simultaneous parallel approach procedures.
    Area D. The FAA proposes to reconfigure Area D (that area beginning 
at 5,000 feet MSL up to 10,000 feet MSL) by reducing the size of the 
area. The revised Area D would consist of that airspace generally 
between the 20- and 30-mile arcs of the Memphis VORTAC, and bounded by 
the 199 deg. radial clockwise to the 332 deg. radial. The remaining 
portion of the current Area D airspace would be incorporated into the 
amended Area C, and the proposed new Area E.
    Area E. The FAA proposes to establish a new Area E (that area 
beginning at 4,000 feet MSL up to 10,000 feet MSL) on the east side of 
the airport in airspace that is currently part of Area D. Area E would 
consist of that airspace generally between the 20-mile and 30-mile arcs 
of the MEM VORTAC and bounded by the MEM 019 deg. radial, clockwise to 
the 151 deg. radial. This change would lower the floor of Class B 
airspace from the current 5,000 feet MSL to 4,000 feet MSL. The lower 
floor of Class B airspace is required to contain Runway 27 approach 
procedures.
    The coordinates for this airspace docket are based on North 
American Datum 83. Class B airspace areas are published in paragraph 
3000 of FAA Order 7400.9J, dated August 31, 2001, and effective 
September 16, 2001, 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.

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

[[Page 56254]]

or private sector mandate. These analyses are summarized here in the 
preamble, and the full Regulatory Evaluation is in the docket.
    This NPRM would modify the Memphis, TN, Class B airspace area. The 
proposed rule would reconfigure the sub-area boundaries, add one new 
sub-area and lower the altitude floor in certain segments of that 
airspace. In addition, the FAA is proposing to describe the boundaries 
of the Memphis Class B airspace area using the Memphis VORTAC facility 
as the reference point.
    The NPRM would generate benefits for system users and the FAA in 
the form of enhanced operational efficiency and simplified navigation 
in the Memphis terminal area for aircraft that are not GPS equipped. 
Since Class B airspace is already in place at Memphis, and the 
modifications proposed are not a major expansion of Class B airspace, 
minimal costs would result. Thus, the FAA has determined that this 
proposed rule would be cost-beneficial.

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 regulatory 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 
number 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 minimal circumnavigation costs 
on some individuals operating in the Memphis area; but the proposed 
rule would not impose any costs on small business 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 Trade Agreement Act of 1979 prohibits Federal agencies from 
engaging in any standards or related activities that create unnecessary 
obstacles to the foreign commerce of the United States. Legitimate 
domestic objectives, such as safety, are not considered unnecessary 
obstacles. The statute also requires consideration of international 
standards and where appropriate, that they be the basis for U.S. 
standards. In addition, consistent with the Administration's belief in 
the general superiority and desirability of free trade, it is the 
policy of the Administration to remove or diminish to the extent 
feasible, barriers to international trade, including both barriers 
affecting the export of American goods and services to foreign 
countries and barriers affecting the import of foreign goods and 
services into the United States.
    The proposed rule is not expected to affect trade opportunities for 
U.S. firms doing business overseas or for foreign firms doing business 
in the United States.

Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (the Act), 
enacted as Public Law 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, which, among other things, must provide for 
notice to potentially affected small governments, if any, and for a 
meaningful and timely opportunity for these small governments 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.

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.

Conclusion

    In view of the minimal or zero cost of compliance of the proposed 
rule and the 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 by reference in 14 CFR 71.1 of the Federal 
Aviation Administration Order 7400.9J, Airspace Designations and 
Reporting Points, dated September 1, 2001, and effective September 16, 
2001, is amended as follows:

Paragraph 3000--Subpart B-Class B Airspace

* * * * *

[[Page 56255]]

ASO TN B Memphis, TN [Revised]

Memphis International Airport (Primary Airport)
    (lat. 35 deg.02'33"N., long. 89 deg.58'36" W.)
Memphis VORTAC (MEM)
    (lat. 35 deg.00'54" N., long. 89 deg.59'00"W.)

Boundaries

    Area A. That airspace extending upward from the surface to and 
including 10,000 feet MSL within the area bounded by a line 
beginning at the intersection of the MEM 090 deg. radial and the MEM 
5-mile arc; thence clockwise along the 5-mile arc to the MEM 
270 deg. radial; thence west along the 270 deg. radial to the 8-mile 
arc; thence clockwise along the 8-mile arc to the MEM 090 deg. 
radial; thence west along the 090 deg. radial to the point of 
beginning.
    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 intersection of the MEM 090 deg. radial and the MEM 
12-mile arc; thence west along the 090 deg. radial to the MEM 9-mile 
arc; thence clockwise along the 9-mile arc to the MEM 111 deg. 
radial; thence southeast along the 111 deg. radial to the MEM 12-
mile arc; thence clockwise along the 12-mile arc to the MEM 134 deg. 
radial; thence southeast along the 134 deg. radial to the MEM 16-
mile arc; thence clockwise along the 16-mile arc to the MEM 217 deg. 
radial; thence northeast along the 217 deg. radial to the MEM 12-
mile arc thence clockwise along the 12-mile arc to the MEM 313 deg. 
radial; thence northwest along the 313 deg. radial to the MEM 16-
mile arc; thence clockwise along the 16-mile arc to the MEM 038 deg. 
radial; thence southwest along the 038Sec. radial to the MEM 12-mile 
arc; thence clockwise along the 12-mile arc to the point of 
beginning.
    Area C. That airspace extending upward from 3,000 feet MSL to 
and including 10,000 feet MSL within the area bounded by a line 
beginning at the intersection of the MEM 019 deg. radial and the MEM 
30-mile arc; thence southwest along the 019 deg. radial to the MEM 
20-mile arc; thence clockwise along the 20-mile arc to the MEM 
151 deg. radial; thence southeast along the 151 deg. radial to the 
151 deg. radial at 27-miles; thence via a line drawn southwestward 
to the intersection of the MEM 163 deg. radial and the MEM 30-mile 
arc; thence clockwise along the 30-mile arc to the MEM 199 deg. 
radial; thence northeast along the 199 deg. radial to the MEM 20-
mile arc; thence clockwise along the 20-mile arc to the MEM 332 deg. 
radial; thence northwest along the 332 deg. radial to the 332 deg. 
radial at 29-miles; thence via a line drawn northeastward to the 
intersection of the MEM 338 deg. radial and the MEM 30-mile arc; 
thence clockwise along the 30-mile arc to the point of beginning.
    Area D. That airspace extending upward from 5,000 feet MSL to 
and including 10,000 feet MSL within the area bounded by a line 
beginning at the intersection of the MEM 199 deg. radial and the MEM 
20-mile arc; thence southwest along the 199 deg. radial to the MEM 
30-mile arc; thence clockwise along the 30-mile arc to the MEM 
302 deg. radial; thence via a line drawn northeastward to the MEM 
332 deg. radial at 29-miles; thence southeast along the MEM 332 deg. 
radial to the MEM 20-mile arc; thence counterclockwise along the 20-
mile arc to the point of beginning.
    Area E. That airspace extending upward from 4,000 feet MSL to 
and including 10,000 feet MSL within the area bounded by a line 
beginning at the intersection of the MEM 019 deg. radial and the MEM 
30-mile arc; thence clockwise along the 30-mile arc to the MEM 
103 deg. radial; thence via a line drawn southwestward to the MEM 
151 deg. radial at 27-miles; thence northwest along the 151 deg. 
radial to the MEM 20-mile arc; thence counterclockwise along the 20-
mile arc to the MEM 019 deg. radial; thence northeast along the 
019 deg. radial to the point of beginning.
* * * * *

    Issued in Washington, DC, on October 29, 2001.
Reginald C. Matthews,
Manager, Airspace and Rules Division.
BILLING CODE 4910-13-P

[[Page 56256]]

[GRAPHIC] [TIFF OMITTED] TP07NO01.010

[FR Doc. 01-27999 Filed 11-6-01; 8:45 am]
BILLING CODE 4910-13-C