[Federal Register Volume 68, Number 132 (Thursday, July 10, 2003)]
[Rules and Regulations]
[Pages 41212-41214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17460]



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Part II





Department of Transportation





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Federal Aviation Administraton



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14 CFR Parts 91, 93, et al.



Special Air Traffic Rules in the Vicinity of Los Angeles International 
Airport and DOD Commercial Air Carrier Evaluators; Final Rules

  Federal Register / Vol. 68, No. 132 / Thursday, July 10, 2003 / Rules 
and Regulations  

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 91 and 93

[Docket No. FAA-2002-14149; SFAR No. 101]
RIN 2120--AH92


Special Air Traffic Rules in the Vicinity of Los Angeles 
International Airport

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: In this action, the FAA revises and codifies Special Federal 
Aviation Regulation (SFAR) No. 51-1, Special Flight Rules in the 
Vicinity of the Los Angeles International Airport. Specifically, this 
action changes 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 revises the description of the SFRA airspace to clarify the 
requirement to operate at fixed altitudes. The FAA is taking 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: This SFAR is effective December 25, 2003, and shall remain in 
effect until further notice.

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:
Availability of Rulemaking Documents
    You can get an electronic copy of this document using the Internet 
by:
    (1) Using the docket number of this rulemaking action to search 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/arm/index.cfm; 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 amendment number or docket number of this 
rulemaking.
    Anyone can search the electronic form of all comments received into 
any of our dockets by the name of the individual submitting the comment 
(or signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review DOT's complete Privacy Act 
statement in the Federal Register published on April 11, 2000 (Volume 
65, Number 70; Pages 19477-78) or you may visit http://dms.dot.gov.

Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996 requires FAA to comply with small entity requests for information 
or advice about compliance with statutes and regulations within its 
jurisdiction. Therefore, any small entity that has a question regarding 
this document may contact its local FAA official, or the person listed 
under FOR FURTHER INFORMATION CONTACT. You can find out more about 
SBREFA on the Internet at, or by e-mailing us at [email protected].

Background/Related Rulemaking

    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). 
Specifically, SFAR No. 51-1 allows pilots operating under VFR to fly 
through the Special Flight Rules Area (SFRA) without contacting air 
traffic control personnel provided specific conditions are met. The 
conditions include use of certain equipment and lights, operating below 
a maximum airspeed, and flying at fixed altitudes.
    In 1993, the FAA reclassified airspace terminology and replaced the 
term TCA with Class B Airspace Area (56 FR 65638, December 17, 1991). 
In 1997, the FAA implemented modifications to the Los Angeles Class B 
airspace area. However, this action did not re-define the SFAR No. 51-1 
airspace area (61 FR 66902, December 19, 1996).
    On December 31, 2002, the FAA published in the Federal Register a 
notice of proposed rulemaking (NPRM) to codify SFAR No. 51-1, Special 
Flight Rules in the Vicinity of the Los Angeles International Airport. 
The proposed action would change the northern boundary of the Los 
Angeles SFRA, established by SFAR No. 51-1, and align the area with the 
Los Angeles Class B airspace area revisions adopted in 1997. The 
proposed action also revises the description of the SFRA airspace to 
make the requirement to operate at fixed altitudes clearer. The FAA 
proposed 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.
    Interested parties were invited to participate in this rulemaking 
effort by submitting written communication on the proposal. The comment 
period for this action closed on February 14, 2003. The FAA received 
nine comments that are discussed below.

Discussion of Comments

    One commenter responding to the NPRM requested that the FAA clarify 
the changes proposed. The commenter also questioned whether the 
northern boundary of the airspace was being moved further from LAX. 
Finally, the commenter stated that the constant altitude requirement is 
already understood and did not need any further clarification.
    As discussed in the NPRM, one purpose of this rulemaking action is 
to re-align the northern boundary of the SFAR No. 51-1 area to coincide 
with the Los Angeles Class B airspace area revision that was 
implemented in 1997. As a result of the 1997 Class B airspace 
rulemaking action, the northern boundary of the Class B airspace area 
was moved south, closer to LAX. However, no similar action was taken to 
redefine the SFAR 51-1 area. This rulemaking action corrects that 
discrepancy and moves the SFAR area boundary south closer to LAX, 
realigning with the northern boundary of the Class B airspace area. 
This boundary move provides additional Class E airspace for VFR 
aircraft operations north of the SFAR area. Regarding the constant 
altitude requirement, the FAA biennial study of the LAX Class B 
operations concluded that the regulatory language description of the 
SFAR should be revised. The study revealed the SFAR language could be 
misunderstood by pilots to imply that they could climb or descend while 
in the area because it used the words ``inclusive'' and ``between'' 
when describing the boundaries. Removing the words ``inclusive'' and 
``between'' does not change the current operating procedures within the 
LAX SFAR area.
    The FAA received five comments from individuals concerning the 
single VOR radial that pilots must fly and a perceived lateral width 
reduction of the airspace. The commenters would like the guidance 
provided in the Los Angeles Terminal Area chart included

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in the regulation. This guidance allows pilots to fly in the airspace 
between the 405 Freeway and the shoreline.
    The FAA disagrees. This action amends the northern boundary of the 
SFAR 51-1 area to coincide with the current Class B airspace area 
boundary; clarifies the requirement for pilots to operate at fixed 
altitudes within the area; and codifies the current procedures in SFAR 
51-1 as a Special Air Traffic Rule in part 93. This action does not 
change the procedures or operating requirements, such as the 
requirement to operate on the Santa Monica 132[deg] radial, as 
currently described in SFAR 51-1, or the guidance provided by the 
Terminal Area Chart. Additionally, the visual ground reference points 
remain unchanged and there is no lateral width reduction of the route.
    Another commenter recommended the current LAX SFRA be converted to 
a VFR corridor identical to the San Diego VFR corridor. The commenter 
preferred a VFR corridor because a squawk (discreet altitude encoding 
transponder code) change to 1201 would not be necessary; aircraft would 
not be required to navigate on the same radial (instead could spread 
out within the corridor); and this corridor would standardize 
procedures since San Diego and LAX share the same ATC facility, So Cal 
approach.
    The FAA disagrees. The SFAR requires pilots to adhere to specific 
flight requirements that would not be required in a VFR corridor. We 
cannot over emphasize that the flight procedures for the SFAR 51-1 are 
necessary to achieve a greater degree of safety given the high 
concentration of aircraft operations near LAX.
    Comments received from the LAX Community Noise Roundtable, as well 
as the Aircraft Owners and Pilots Association, strongly support the 
FAA's efforts detailed in the NPRM.

Analysis of the Final Rule

    This action adds a new Subpart G of title 14 of the Code of Federal 
Regulations (14 CFR part 93) to codify current special flight rules for 
certain aircraft operating under visual flight rules in that airspace 
of the Los Angeles Class B airspace area designated as the Los Angeles 
Special Flight Rules Area. This rule also removes SFAR No. 51-1 from 14 
CFR part 91.
    The new 14 CFR part 93 subpart G will contain the revised boundary 
of the Los Angeles SFRA, aligning the boundary with the 1997 Class B 
airspace revisions. The action will also designate fixed altitudes for 
aircraft operating in the SFRA to reduce the potential for climb/
descent conflicts.

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 or new information collection requirements 
associated with this 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 regulations.

Economic Evaluation

    Executive Order 12866, Regulatory Planning and Review, directs the 
FAA to assess both the costs and benefits of a regulatory change. The 
FAA is 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, the FAA has not prepared a ``regulatory evaluation,'' which 
is the written cost/benefit analysis ordinarily required for all 
rulemaking under the DOT Regulatory Policies and Procedures. The FAA 
does not need to do a full evaluation where the economic impact of a 
rule is minimal. This rule codifies current flight restrictions for 
aircraft operating under VFR in the vicinity of Los Angeles 
International Airport, California. This action also revises the 
boundary of the LAX SFRA to align with Los Angeles Class B airspace 
area revisions adopted in 1997. It also revises the description of 
airspace area to clarify the fixed altitudes for aircraft operating in 
the SFRA and reduces the potential climb/descent conflicts.
    The FAA determined that this rule does not result in incremental 
costs to persons operating under VFR in the LAX Class B airspace area. 
This assessment is based on the fact that this rule revises and 
codifies existing special flight rules. These rules are already 
applicable to flight operations in the LAX Area. The rule aligns the 
LAX SFRA boundaries with the LAX Class B airspace area and insures that 
climb/descent conflicts are eliminated in the SFRA. Therefore, the FAA 
determined this rule would be cost-beneficial.

Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (RFA) directs the FAA to fit 
regulatory requirements to the scale of the business, organizations, 
and governmental jurisdictions subject to the regulation. The FAA is 
required to determine whether a proposed or final action will have a 
``significant economic impact on a substantial number of small 
entities'' as they are defined in the Act. If the FAA finds that the 
action will have a significant impact, we must do a ``regulatory 
flexibility analysis.''
    In view of the no cost impact of this rule, we have determined that 
this rule will not have a significant economic impact. Therefore, the 
FAA certifies that this action will not have a significant economic 
impact on a substantial number of small entities.

Trade Impact Assessment

    The Trade Agreement Act of 1979 prohibits Federal agencies from 
establishing any standards or engaging in 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 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 Assessment

    The Unfunded Mandates Reform Act of 1995 (the Act) 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 mandate in a proposed or final agency rule 
that may result in an expenditure of $100 million or more (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 final rule does not contain such a mandate. The requirements 
of Title II of the Act, therefore, do not apply.

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Executive Order 3132, Federalism

    The FAA has analyzed this final rule under the principles and 
criteria of Executive Order 13132, Federalism. The FAA has 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, and therefore does not have federalism 
implications.

Plain Language

    In response to the June 1, 1998 Presidential Memorandum regarding 
the use of plain language, we re-examined the writing style currently 
used in the development of regulations. The memorandum requires federal 
agencies to communicate clearly with the public. The FAA is interested 
in your comments on whether the style of this document is clear, and in 
any other suggestions you might have to improve the clarity of FAA 
communications that affect you. You can get more information about the 
Presidential memorandum and the plain language initiative at 
http:www.plainlanguage.gov.

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

    The energy impact of the rule,m has been assessed in accordance 
with the Energy Policy and Conservation Act (EPCA) Pub. L. 94-163, as 
amended (42 U.S.C. 6362) and FAA Order 1053.1. It has been determined 
that the final rule 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, Airports, Alaska, Navigation (air), Reporting 
and recordkeeping requirements.

The Amendment

0
In consideration of the foregoing, the Federal Aviation Administration 
amends 14 CFR parts 91 and 93:

PART 91--GENERAL OPERATING AND FLIGHT RULES

0
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).


0
2. Remove Special Federal Aviation Regulation No. 51-1 [SFAR]

SFAR No. 51-1--[Removed]

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

0
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.


0
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 Los Angeles, California Special Flight 
Rules Area.


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/lmperial 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) Aircraft navigating in a southeasterly direction shall be in 
level flight at 3,500 feet MSL.
    (f) Aircraft navigating 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 July 3, 2003.
Marion C. Blakely,
Administrator.
[FR Doc. 03-17460 Filed 7-9-03; 8:45 am]
BILLING CODE 4910-13-P