[Federal Register Volume 67, Number 251 (Tuesday, December 31, 2002)]
[Proposed Rules]
[Pages 80316-80318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-32939]



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Part IV





Department of Transportation





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Federal Aviation Administration



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14 CFR Parts 91 and 93



Special Flight Rules in the Vicinity of Los Angeles International 
Airport; Proposed Rule

  Federal Register / Vol. 67, No. 251 / Tuesday, December 31, 2002 / 
Proposed Rule  

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 91 and 93

[Docket No. FAA-2002-14149; Notice No. 02-21]
RIN 2120-AH92


Special Flight Rules in the Vicinity of Los Angeles International 
Airport

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: In this action the FAA proposes to revise and codify Special 
Federal Aviation Regulation (SFAR) No. 51-1, Special Flight Rules in 
the Vicinity of the Los Angeles International Airport. This action 
proposes to change the northern boundary of the Los Angeles Special 
Flight Rules Area (SFRA), established by SFAR No. 51-1, to align the 
area with the Los Angeles Class B airspace area revisions adopted in 
1997. Also, this action would revise the description of the SFRA 
airspace to make the requirement to operate at fixed altitudes clearer. 
The FAA is proposing this action to reduce the potential for climb/
descent conflicts, to ensure compatibility with current traffic flows, 
and to increase overall system efficiency and safety.

DATES: Send your comments to reach us on or before February 14, 2003.

ADDRESSES: Address your comments to the Docket Management System, U.S. 
Department of Transportation, Room Plaza 401, 400 Seventh Street, SW., 
Washington, DC 20590-0001. You must identify the docket number at the 
beginning of your comments, and you should submit two copies of your 
comments. If you wish to receive confirmation that FAA received your 
comments, include a self-addressed, stamped postcard.
    You may also submit comments through the Internet at http://dms.dot.gov. You may review the public docket containing comments about 
this proposed regulation in the Dockets Office between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The Dockets 
Office is on the plaza level of the Nassif Building at the Department 
of Transportation at the above address. Also, you may review public 
dockets through the Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Ken McElroy, 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

    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or views. We also 
invite comments relating to the economic, environmental, energy, or 
federalism impacts that might result from adopting the proposals in 
this document. The most helpful comments refer to a specific portion of 
the proposal, explain the reason for any recommended change, and 
include supporting data. We ask that you send us two copies of written 
comments.
    We will file in the docket all comments we receive, as well as a 
report summarizing each substantive public contact with FAA personnel 
concerning this proposed rulemaking. The docket is available for public 
inspection before and after the comment closing date. If you wish to 
review the docket in person, go to the address in the ADDRESSES section 
of this preamble between 9 am and 5 pm, Monday through Friday, except 
Federal holidays. You may also review the docket using the Internet at 
the Web address in the ADDRESSES section.
    Before acting on this proposal, we will consider all substantive 
and material comments received on, or before, the closing date for 
comments. We will consider comments filed late, to the extent 
practicable. We may change this proposal in light of the comments we 
receive.
    If you want the FAA to acknowledge receipt of your comments on this 
proposal, include a pre-addressed, stamped postcard on which the docket 
number appears. We will stamp the date on the postcard and mail it to 
you.

Availability of Rulemaking Documents

    You can get an electronic copy using the Internet by:
    (1) Searching the Department of Transportation's electronic Docket 
Management System (DMS) Web page http://dms.dot.gov/search;
    (2) Visiting the Office of Rulemaking's Web page at http://www.faa.gov/avr/armhome.htm; or
    (3) Accessing the Government Printing Office's Web page at http://www.access.gpo.gov/su_docs/aces/aces140.html.
    You can also get a copy by submitting a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue SW., Washington, DC 20591, or by calling (202) 267-9680. Make 
sure to identify the docket number, notice number, or amendment number 
of this rulemaking.

Background

    The FAA issued SFAR No. 51-1 in February, 1988, to provide Visual 
Flight Rule (VFR) pilots with a safe and direct north/south route 
through the Los Angeles (LAX) Terminal Control Area (TCA), now known as 
the Los Angeles Class B area (53 FR 3812, February 9, 1988). 
Specifically, SFAR No. 51-1 allows certain aircraft operating under VFR 
to fly through the Special Flight Rules Area (SFRA) without contacting 
air traffic control personnel provided that specific conditions are 
met. The conditions include equipment, use of lights, maximum indicated 
airspeed and operations at fixed altitudes.
    In 1993, the FAA reclassified airspace terminology and replaced the 
term TCA with Class B Airspace Area (56 FR 242, December 17, 1991). In 
1997, the FAA modified the Los Angeles B airspace area, but did not re-
describe the SFAR No. 51-1 airspace in conjunction with the changes (61 
FR 66902, December 19, 1996).

Discussion of the Proposal

    The FAA proposes to add subpart G to part 93 of title 14 of the 
Code of Federal Regulations to revise, and codify, the airspace 
designated as the Los Angeles (LAX) SFRA and the special flight 
procedures for that area. Codifying these special flight rules in 
subpart G of part 93 of title 14 of the Code of Federal Regulations 
requires an amendment to remove SFAR No. 51-1. The FAA proposes to 
remove SFAR No. 51-1 from part 91 of title 14 of the Code of Federal 
Regulations to accomplish that end.
    Also, the FAA proposes to change the northern boundary of the LAX 
SFRA to align it with the 1997 Class B revisions as discussed above. 
Further, the FAA proposes to revise the language in the current SFAR 
No. 51-1 by removing the words ``inclusive'' and ``between'' from the 
airspace description in section 1 of the SFAR.
    Section 2 of SFAR No. 51-1 now requires certain aircraft to operate 
at fixed altitudes in the LAX SFRA. The FAA's 2001 biennial study of 
LAX Class B operations concluded that the regulatory description of the 
special flight rules area could be misunderstood by pilots to imply 
that they could climb or descend while in the area because it uses the 
words ``inclusive'' and ``between'' when describing the boundaries of 
the LAX SFRA. That was not the intent of the SFAR. This proposal would 
remove ``inclusive'' and

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``between'' from the airspace description to make the requirement to 
operate at fixed altitudes clearer.

Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires 
that the FAA consider the impact of paperwork and other information 
collection burdens imposed on the public. The FAA has determined that 
there are no current new information collection requirements associated 
with this proposed rule.

International Compatibility

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to comply with 
International Civil Aviation Organization (ICAO) Standards and 
Recommended Practices to the maximum extent practicable. The FAA has 
determined that there are no ICAO Standards and Recommended Practices 
that correspond to these proposed regulations.

Executive Order 12866 and DOT Regulatory Policies and Procedures

    Executive Order 12866, Regulatory Planning and Review, directs the 
FAA to assess both the costs and benefits of a regulatory change. We 
are not allowed to propose or adopt a regulation unless we make a 
reasoned determination that the benefits of the intended regulation 
justify the costs. Our assessment of this rulemaking indicates that its 
economic impact is minimal. Because the costs and benefits of this 
action do not make it a ``significant regulatory action'' as defined in 
the Order, we have not prepared a ``regulatory evaluation,'' which is 
the written cost/benefit analysis ordinarily required for all 
rulemaking under the DOT Regulatory Policies and Procedures. We do not 
need to do a full evaluation where the economic impact of a rule is 
minimal.

Economic Evaluation

    Proposed changes to Federal regulations must undergo several 
economic analyses. First, Executive Order 12866, Regulatory Planning 
and Review, directs that each Federal agency 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 
impact of regulatory changes on small entities. Third, the Trade 
Agreements Act (19 U.S.C. 2531-2533) prohibits agencies from setting 
standards that create unnecessary obstacles to the foreign commerce of 
the United States. In developing U.S. standards, this Trade Act also 
requires agencies to consider international standards and, where 
appropriate, use them as the basis of U.S. standards. Fourth, the 
Unfunded Mandates Reform Act of 1995 (Public Law 104-4) requires 
agencies to prepare a written assessment of the costs, benefits, and 
other effects of proposed or final rules that include a Federal mandate 
likely to result in the expenditure by State, local, or tribal 
governments, in the aggregate, or by private sector, of $100 million or 
more annually (adjusted for inflation).
    For regulations with an expected minimal impact, the above-
specified analyses are not required. The Department of Transportation 
Order DOT 2100.5 prescribes policies and procedures for simplification, 
analysis, and review of regulations. If it is determined that the 
expected impact is so minimal that the regulation does not warrant a 
full evaluation, a statement to that effect and the basis for it is 
included in proposed regulation.
    This NPRM would codify current flight restrictions for aircraft 
operating under VFR in the vicinity of Los Angeles International 
Airport, California. This action also proposes to revise the boundary 
of the LAX SFRA to align with Los Angeles Class B airspace area 
revisions adopted in 1997, and revise the description of airspace area 
to clarify the fixed altitudes for aircraft operating in the SFRA and 
reduce the potential climb/descent conflicts.
    The FAA has determined that the proposed rule would result in no 
incremental costs to persons operating under VFR in the LAX Class B 
airspace area. This assessment is based on the fact that this NPRM 
revises and codifies existing special flight rules. These rules are 
already applicable to flight operations in the LAX Area. The proposed 
rule would align the LAX SFRA boundaries with the LAX Class B airspace 
area and would insure that climb/descent conflicts are eliminated in 
the SFRA. Therefore, the FAA has determined that this proposed rule 
would be cost-beneficial.

Initial Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (RFA) 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 principle, 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 will have a significant economic impact on a substantial 
number of small entities. If the determination is that it will, the 
agency must prepare a regulatory flexibility analysis as described in 
the Act.
    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 a regulatory flexibility analysis 
is not required. The certification must include a statement providing 
the factual basis for this determination, and the reasoning should be 
clear.
    In view of the no cost impact of the rule, the FAA has determined 
that this proposed rule would not have a significant economic impact on 
a substantial number of small entities. Consequently, the FAA certifies 
that the rule would not have a significant economic impact on a 
substantial number of small entities. The FAA solicits comments 
concerning this finding.

International Trade Impact Analysis

    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 accordance with the above statute, the FAA has assessed the 
potential effect of this proposed rule and has determined that it would 
have only a domestic impact and therefore create no obstacles to the 
foreign commerce of the United States.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (the Act), enacted as 
Public Law 104-4 on March 22, 1995, is intended, among other things, to 
curb the practice of imposing unfunded Federal mandates on State, 
local, and tribal governments. Title II of the Act requires each 
Federal agency to prepare a written statement assessing the effects of 
any Federal

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mandate in a proposed or final agency rule that may result in a $100 
million or more expenditure (adjusted annually for inflation) in any 
one year by State, local, and tribal governments, in the aggregate, or 
by the private sector; such a mandate is deemed to be a ``significant 
regulatory action.''
    This proposed rule does not contain such a mandate. Therefore, the 
requirements of Title II of the Act do not apply.

Executive Order 13132, Federalism

    The FAA has analyzed this NPRM under the principles and criteria of 
Executive Order 13132, Federalism. We have determined that this action 
will not have a substantial direct effect on the States, or the 
relationship between the national Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. Therefore, we have determined that this final rule does not 
have federalism implications.

Environmental Analysis

    FAA Order 1050.1 defines FAA actions that may be categorically 
excluded from preparation of a National Environmental Policy Act (NEPA) 
environmental impact statement. In accordance with FAA Order 1050.1, 
this rulemaking action qualifies for a categorical exclusion.

Energy Impact

    We have assessed the energy impact of this NPRM in accord with the 
Energy Policy and Conservation Act (EPCA), Public Law 94-163, as 
amended (42 U.S.C. 6362), and FAA Order 1053.1. We have determined that 
this NPRM is not a major regulatory action under the provisions of the 
EPCA.

List of Subjects

14 CFR Part 91

    Afghanistan, Agriculture, Air traffic control, Aircraft, Airmen, 
Airports, Aviation safety, Canada, Cuba, Ethiopia, Freight, Mexico, 
Noise control, Political candidates, Reporting and recordkeeping 
requirements, Yugoslavia.

14 CFR Part 93

    Air traffic control, Airspace, Alaska, Navigation (air), Puerto 
Rico.

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend parts 91 and 93 of title 14 of the 
Code of Federal Regulations as follows:

PART 91--GENERAL OPERATING AND FLIGHT RULES

    1.The authority citation for part 91 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 1155, 40103, 40113, 40120, 44101, 
44111, 44701, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 
46306, 46315, 46316, 46504, 46506-46507, 47122, 47508, 47528-47531, 
articles 12 and 29 of the Convention on International Civil Aviation 
(61 stat. 1180).

Special Federal Aviation Regulation No. 51-1

    2. Remove SFAR No. 51-1.

PART 93--SPECIAL AIR TRAFFIC RULES AND AIRPORT TRAFFIC PATTERNS

    3. The authority citation for part 93 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40106, 40109, 40113, 44502, 
44514, 44701, 44719, 46301.
    4. Add subpart G to part 93 to read as follows:

Subpart G--Special Flight Rules in the Vicinity of Los Angeles 
International Airport

Sec.
93.91 Applicability.
93.93 Description of area.
93.95 General operating procedures.
93.97 Operations in the SFRA.


Sec.  93.91  Applicability.

    This subpart prescribes special air traffic rules for aircraft 
conducting VFR operations in the vicinity of Los Angeles International 
Airport, California.


Sec.  93.93  Description of area.

    The Los Angeles Special Flight Rules Area is designated as that 
part of Area A of the Los Angeles Class B airspace area at 3,500 feet 
above mean sea level (MSL) and at 4,500 feet MSL, beginning at Ballona 
Creek/Pacific Ocean (lat. 33[deg]57'42'' N, long. 118[deg]27'23'' W), 
then eastbound along Manchester Blvd. to the intersection of 
Manchester/405 Freeway (lat. 33[deg]57'42'' N, long.118[deg]22'10'' W), 
then southbound along the 405 Freeway to the intersection of the 405 
Freeway/Imperial Highway (lat. 33[deg]55'51'' N, long 118[deg] 
22'06'W), then westbound along Imperial Highway to the intersection of 
Imperial Highway/Pacific Ocean (lat. 33[deg]55'51'' N, long. 
118[deg]26'05'' W), then northbound along the shoreline to the point of 
beginning.


Sec.  93.95  General operating procedures.

    Unless otherwise authorized by the Administrator, no person may 
operate an aircraft in the airspace described in Sec.  93.93 unless the 
operation is conducted in accordance with the following procedures:
    (a) The flight must be conducted under VFR and only when operation 
may be conducted in compliance with Sec.  91.155(a) of this chapter.
    (b) The aircraft must be equipped as specified in Sec.  91.215(b) 
of this chapter replying on code 1201 prior to entering and while 
operating in this area.
    (c) The pilot shall have a current Los Angeles Terminal Area Chart 
in the aircraft.
    (d) The pilot shall operate on the Santa Monica very high frequency 
omni-directional radio range (VOR) 132[deg] radial.
    (e) Operations in a southeasterly direction shall be in level 
flight at 3,500 feet MSL.
    (f) Operations in a northwesterly direction shall be in level 
flight at 4,500 feet MSL.
    (g) Indicated airspeed shall not exceed 140 knots.
    (h) Anti-collision lights and aircraft position/navigation lights 
shall be on. Use of landing lights is recommended.
    (i) Turbojet aircraft are prohibited from VFR operations in this 
area.


Sec.  93.97  Operations in the SFRA.

    Notwithstanding the provisions of Sec.  91.131(a) of this chapter, 
an air traffic control authorization is not required in the Los Angeles 
Special Flight Rules Area for operations in compliance with Sec.  
93.95. All other provisions of Sec.  91.131 of this chapter apply to 
operations in the Los Angeles Special Flight Rules Area.

    Issued in Washington, DC, on December 23, 2002.
Nancy B. Kalinowski,
Acting Program Director, Air Traffic Airspace Management.
[FR Doc. 02-32939 Filed 12-30-02; 8:45 am]
BILLING CODE 4910-13-P