[Federal Register Volume 68, Number 92 (Tuesday, May 13, 2003)]
[Rules and Regulations]
[Pages 25489-25491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-11920]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2002-13514; Airspace Docket No. 02-AWA-4]
RIN 2120-AA66


Establishment of Class C Airspace and Revocation of Class D 
Airspace, Fayetteville (Springdale), Northwest Arkansas Regional 
Airport; AR

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes a Class C airspace area and revokes 
the existing Class D airspace area at the Northwest Arkansas Regional 
Airport (XNA), Fayetteville (Springdale), AR. The FAA is taking this 
action due to the increase in aircraft operations at XNA and the 
potential for a midair collision between aircraft arriving and 
departing XNA and other aircraft operating close to the

[[Page 25490]]

existing Class D airspace area. The establishment of this Class C 
airspace area requires pilots to establish and maintain two-way radio 
communications with air traffic control (ATC) when operating in the 
Class C airspace area, and operate with an altitude encoding 
transponder while in and above the Class C airspace area. This action 
promotes the efficient use of airspace and reduces the risk of midair 
collision in the northwest Arkansas terminal area.

EFFECTIVE DATE: 0901 UTC, July 10, 2003.

FOR FURTHER INFORMATION CONTACT: Steve Rohring, 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 January 27, 2003, the FAA proposed (68 FR 3837) to establish a 
Class C airspace area and revoke the existing Class D airspace area at 
XNA. The FAA proposed this action due to an increase in aircraft 
operations at XNA and a study indicating an increased potential for a 
midair collision in the XNA terminal area. With the current Class D 
airspace area, aircraft operating in the Northwest Arkansas terminal 
area may fly as close as 4.4 nautical miles from XNA without 
communicating with ATC. These aircraft are frequently operating at 
altitudes that may conflict with aircraft arriving or departing XNA. 
Establishing a Class C airspace area will reduce the potential for 
midair collisions and increase the level of safety in the Northwest 
Arkansas terminal area by requiring aircraft to establish and maintain 
2-way radio communication with ATC when operating in the proposed Class 
C airspace area, and to operate with an altitude encoding transponder 
when in and above the proposed area. The study also identified the need 
for improved communications in the XNA terminal area. In response to 
that need, the FAA has taken action to install a remote transmitter and 
receiver (RTR) that will enable pilots to contact ATC prior to entering 
terminal airspace.

Discussion of Comment

    In response to the notice of proposed rulemaking, the FAA received 
one comment. The Aircraft Owner's and Pilots Association did not oppose 
the proposed establishment of a Class C airspace area provided an RTR 
is installed to improve the ability of pilots to communicate with ATC 
prior to entering the Class C airspace area. The FAA agrees that an RTR 
is needed and as stated above, has taken action to acquire and install 
an RTR that is scheduled to be operational on or before the effective 
date of this airspace action (barring any reduction of funding).

The Rule

    This amendment to part 71 of the Federal Aviation Regulations (14 
CFR part 71) establishes a Class C airspace area and revokes the 
existing Class D airspace area at XNA. The FAA is taking this action 
due to an increase in aircraft operations and an increased potential 
for a midair collision in the Northwest Arkansas terminal area. 
Establishing this Class C airspace area will require pilots to maintain 
two-way radio communications with ATC when operating in the Class C 
airspace area and to operate with an altitude encoding transponder 
while in or above the Class C airspace. Additionally, this Class C 
airspace area will promote the safe and efficient use of airspace, and 
reduce the risk of a midair collision in the Northwest Arkansas 
terminal area.
    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 proposed action: (1) Is 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 proposed 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.
    The coordinates for this airspace docket are based on North 
American Datum 83. Class C airspace designations are published in 
paragraph 4000 of FAA Order 7400.9K, dated August 30, 2002, and 
effective September 16, 2002, which is incorporated by reference in 14 
CFR 71.1. The Class C airspace designation 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 of 1980 requires agencies to analyze the 
economic effect of regulatory changes on small entities. Third, the 
Office of Management and Budget directs agencies to assess the effect 
of regulatory changes on international trade. In conducting these 
analyses, the FAA has determined that this proposed rule is not ``a 
significant regulatory action'' as defined in the Executive Order and 
the Department of Transportation Regulatory Policies and Procedures. 
This final rule will not have a significant impact on a substantial 
number of small entities, will not constitute a barrier to 
international trade, and does not contain any Federal intergovernmental 
or private sector mandate. These analyses, available in the docket, are 
summarized below.
    The final rule will revoke the Class D airspace area currently 
surrounding the Northwest Arkansas Regional Airport and will establish 
a Class C airspace area there. The FAA will incur costs of 
approximately $500 in order to send a ``Letter To Airmen'' to pilots 
within a 50-mile radius of the Northwest Arkansas Regional Airport 
informing them of the airspace change. The FAA will not incur any other 
costs for air traffic control staffing, training, or equipment. Changes 
to sectional charts will occur during the chart cycle and will cause no 
additional costs beyond the normal update of the charts. Any public 
meeting and safety seminar will not result in costs to the aviation 
community because they will occur regardless of whether or not this 
rule becomes final. Aircraft owners and operators will incur minimal 
equipment costs to operate in the Class C airspace area. Most of the 
air traffic comes from a mix of air taxi and commuter aircraft. These 
aircraft should already have the necessary equipment to transition 
Class C airspace area.
    The FAA contends that establishing the Class C airspace area 
surrounding the Northwest Arkansas Regional Airport will increase the 
level of safety for the operations that occur at the airport. 
Therefore, the FAA has determined the final rule to be cost-beneficial.

Final 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

[[Page 25491]]

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 
rational 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 (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.
    Most commercial and most general aviation (GA) operators who 
presently use the Northwest Arkansas Airport should be currently 
equipped to use the Class C airspace area. Though it is currently 
surrounded by Class D airspace, most of its air traffic comes from air 
taxi and commuter aircraft. These aircraft already have the necessary 
equipment to transition Class C airspace area. Those GA operators who 
currently transit the Northwest Arkansas terminal area without Mode C 
transponders can circumnavigate the Northwest Arkansas Class C airspace 
area at negligible cost, without significantly deviating from their 
regular flight paths. Accordingly, pursuant to the Regulatory 
Flexibility Act, 5 U.S.C. 605(b), the Federal Aviation Administration 
has determined that this final rule will not have a significant 
economic impact on a substantial number of small entities.

International Trade Impact Assessment

    This final rule is a domestic airspace rulemaking and will not 
constitute a barrier to international trade, including the export of 
U.S. goods and services to foreign countries or the import of foreign 
goods and services into the United States.

Unfunded 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 those small governments to 
provide input in the development of regulatory proposals.
    This final rule does not contain any Federal intergovernmental or 
private sector mandates. Therefore, the requirements of Title II of the 
Unfunded Mandates Reform Act of 1995 do not apply.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Amendment

0
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

0
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]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9K, 
Airspace Designations and Reporting Points, dated August 30, 2002, and 
effective September 16, 2002, is amended as follows:

Paragraph 4000--Subpart C--Class C Airspace

* * * * *

ASW AR C Northwest Arkansas Regional Airport, AR [New]

Northwest Arkansas Regional Airport, AR
    (Lat. 36[deg]16'55'' N., long. 94[deg]18'25'' W.)

    That airspace extending upward from the surface to and including 
5,300 feet MSL within a 5-mile radius of the Northwest Arkansas 
Regional Airport, excluding that airspace east of a line from lat. 
36[deg]21'06'' N., long. 94[deg]15'03'' W.; to lat. 36[deg]15'30'' 
N., long. 94[deg]12'28'' W.; and that airspace extending upward from 
2,500 feet MSL to and including 5,300 feet MSL within a 10-mile 
radius of the Northwest Arkansas Regional Airport excluding that 
airspace east of a line from lat. 36[deg]26'53'' N., long. 
94[deg]17'42'' W.; to lat. 36[deg]09'43'' N., long. 94[deg]09'49'' 
W.; and that airspace extending upward from 2,900 feet MSL to and 
including 5,300 feet MSL within a 10-mile radius of the Northwest 
Arkansas Regional Airport beginning at lat. 36[deg]26'53'' N., long. 
94[deg]17'42'' W.; thence clockwise on the 10-mile radius of the 
airport to lat. 36[deg]09'43'' N., long. 94[deg]09'49'' W.; thence 
to the point of beginning. This Class C airspace area is effective 
during the specific dates and times established in advance by a 
Notice to Airmen. The effective date and time will thereafter be 
continuously published in the Airport/Facility Directory.
* * * * *

Paragraph 5000--Subpart D--Class D Airspace

* * * * *

ASW AR D Fayettville (Springdale), Northwest Arkansas Regional Airport, 
AR [Removed]

* * * * *

    Issued in Washington, DC, on May 5, 2003.
Reginald C. Matthews,
Manager, Airspace and Rules Division.
[FR Doc. 03-11920 Filed 5-12-03; 8:45 am]
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