[Federal Register Volume 70, Number 145 (Friday, July 29, 2005)]
[Proposed Rules]
[Pages 43803-43807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-14976]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2003-15471; Airspace Docket No. 03-AWA-6]
RIN 2120-AA66


Proposed Modification of the Minneapolis Class B Airspace Area; 
Minneapolis

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (SNPRM).

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SUMMARY: This SNPRM supplements a notice of proposed rulemaking (NPRM) 
published in the Federal Register on November 24, 2003. In this 
supplemental notice, the FAA is proposing to modify the previously 
proposed description of the Minneapolis, MN, Class B airspace area. 
Specifically, this action proposes to add an additional area that is 
necessary to contain large turbine-powered aircraft within the Class B 
airspace area during aircraft operations to the new Runway 17/35 at the 
Minneapolis-St. Paul International (Wold Chamberlain) Airport (MSP). 
The proposed modifications would enhance safety and improve the 
management of increased aircraft operations in the Minneapolis terminal 
area. Further, this effort supports the FAA's national airspace 
redesign goal of optimizing terminal and en route airspace areas to 
reduce aircraft delays and improve system capacity.

DATES: Comments must be received on or before September 12, 2005.

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-2003-15471 and Airspace Docket No. 03-AWA-6, at the 
beginning of your comments. You may also submit comments through the 
Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Steve Rohring, Airspace and Rules, 
Office of System Operations and Safety, 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 both docket numbers and be submitted 
in triplicate to the Docket Management System (see ADDRESSES section 
for address and phone number). You may also submit comments through the 
Internet at http://dms.dot.gov.
    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-2003-15471 and Airspace Docket No. 03-AWA-6.'' 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 public 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. Recently published rulemaking documents 
can also be accessed through the FAA's Web page at http://www.faa.gov 
or the Federal Register's Web page at http://www.gpoaccess.gov/fr/index.html.
    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. An informal docket may also be examined during normal 
business hours at the office of the Regional Air Traffic Division, 
Federal Aviation Administration, 2300 East Devon Avenue, Des Plaines, 
IL 60018.
    Persons interested in being placed on a mailing list for future 
NPRM's should contact the FAA's, Office of Rulemaking, (202) 267-9677, 
for a copy of Advisory Circular No. 11-2A, Notice of Proposed 
Rulemaking Distribution System, which describes the application 
procedure.

Background

    On November 24, 2003, the FAA published an NPRM in the Federal 
Register to modify the Minneapolis Class B airspace area (68 FR 65859). 
The FAA proposed this modification to address an increase in aircraft 
operations and accommodate aircraft operations to the new runway 
(Runway 17/35) at MSP.

Public Input

    In response to the NPRM, the Air Line Pilots Association, 
International and the National Business Aviation Association, Inc. 
commented that the ``southeast cut-out'' of the proposed Area E would 
result in aircraft not being contained in the Class B airspace when 
operating on the extended final approach course to Runway 35. They 
suggested reducing the size of the ``southeast cut-out'' by changing 
the western boundary of the cut-out from the Gopher 170[deg] radial to 
the Gopher 160[deg] radial.
    The FAA's review of this comment confirmed that the suggested 
change is needed and also revealed that the floor of the Class B 
airspace in that area should be lowered from 7,000 feet MSL to 6,000 
feet MSL to contain instrument operations to the new Runway 35 within 
the Class B airspace area. This SNPRM proposes a new area F that would 
provide the additional area required. Comments already received, other 
than described above, and comments to this SNPRM will be addressed in 
the final rule.

Ad Hoc Committee

    The ad hoc committee, sponsored by the Minnesota Department of 
Transportation, Office of Aeronautics, and comprised of representatives 
from AOPA, EAA, Minnesota Soaring Clubs, International Aerobatics, 
Ultralight Association, Air National Guard, Life Flight, flight 
instructors, and skydivers, has reviewed and concurred with the changes 
proposed herein.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of the Federal 
Regulations (14 CFR) part 71 to modify the MSP Class B airspace area. 
Specifically, this action (depicted on the attached chart) proposes to 
expand the upper limits of Area A, Area B, Area C, and Area D from 
8,000 feet MSL to and including 10,000 feet MSL; expand the lateral 
limits of Area D to the northwest and southeast of MSP; and add an Area 
E and an Area F within 30 NM of the Minneapolis-St. Paul International 
(Wold-Chamberlain) Airport DME Antenna (I-MSP DME) excluding certain 
areas to the north and southeast of MSP to improve the containment of 
turbo-jet aircraft operations within the MSP Class B airspace area.
    The following are the proposed revisions for the Minneapolis Class 
B airspace area:
    Area A. The FAA proposes to expand the upper limit of Area A from 
8,000 feet MSL to 10,000 feet MSL. The reason for this change is to 
provide additional airspace needed to ensure that aircraft departing 
and arriving MSP are contained within the MSP Class B airspace area.

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    Area B. The FAA proposes to expand the upper limit of Area B from 
8,000 feet MSL to 10,000 feet MSL. The reason for this change is to 
provide additional airspace needed to ensure that aircraft departing 
and arriving MSP are contained within the MSP Class B airspace area.
    Area C. The FAA proposes to expand the upper limit of Area C from 
8,000 feet MSL to 10,000 feet MSL. The reason for this change is to 
provide additional airspace needed to ensure that aircraft departing 
and arriving MSP are contained within the MSP Class B airspace area.
    Area D. The FAA proposes to modify Area D by expanding the upper 
limit of Area D from 8,000 feet MSL to 10,000 feet MSL and by expanding 
the boundaries of Area D to the northwest and southeast of MSP, 
incorporating airspace that lies on the extended ILS localizer course 
and downwind legs for Runways 12L/30R and 30L/12R, between the I-MSP 
DME 20-NM and 30-NM arcs. The reason for this change is to provide 
additional airspace needed to ensure that aircraft vectored for the ILS 
approaches to the above runways remain within the MSP Class B airspace 
area.
    Area E. The FAA is proposing to add an Area E between the I-MSP DME 
20-NM and 30-NM arcs, extending from 7,000 feet MSL to and including 
10,000 feet MSL, excluding certain areas to the north and southeast of 
MSP. The reason for this change is to provide additional airspace 
needed to ensure that aircraft departing and arriving MSP are contained 
within the MSP Class B airspace area.
    Area F. The FAA is proposing to add an Area F between the I-MSP DME 
20-NM and 30-NM arcs from the Gopher 160[deg] radial clockwise to the 
Gopher 170[deg] radial, extending from 6,000 feet MSL to and including 
10,000 feet MSL. The reason for this change is to provide additional 
airspace needed to ensure that aircraft departing and arriving MSP are 
contained within the MSP Class B airspace area.
    These modifications would improve the management of aircraft 
operations in the MSP terminal area and enhance safety by expanding the 
dimensions of the Class B airspace area to protect the aircraft 
conducting instrument approaches to MSP. Additionally, this proposed 
action supports various efforts to enhance the efficiency and capacity 
of the National Airspace System.
    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 7400.9M, Airspace Designations and Reporting Points, 
dated August 30, 2004, and effective September 16, 2004, which is 
incorporated by reference in 14 CFR 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 
circumnavigation 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 NPRM would modify the Minneapolis-St. Paul, MN, Class B 
airspace area. The proposed rule would reconfigure the sub-area lateral 
boundaries, and raise the altitude ceiling in certain segments of the 
airspace.
    The NPRM would generate benefits for system users and the FAA in 
the form of enhanced operational efficiency and simplified navigation 
in the MSP terminal area. These modifications would impose some 
circumnavigation costs on operators of non-compliant aircraft operating 
in the area around MSP. However, the cost of circumnavigation is 
considered to be small. Thus, the FAA has determined that the overall 
benefits generated by 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 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.
    This proposed rule may impose some circumnavigation costs on 
individuals operating in the Minneapolis-St. Paul terminal area; but 
the proposed rule would not impose any costs on small business 
entities. Operators of general aviation aircraft are considered 
individuals, not small business entities and are not included when 
performing a regulatory flexibility analysis. Flight schools are 
considered small business entities. However, the FAA assumes that they 
provide instruction in aircraft equipped to navigate in Class B 
airspace given they currently provide instruction in the Minneapolis-
St. Paul terminal area. Air taxis are also considered small business 
entities, but are assumed to be properly equipped to navigate Class B 
airspace because it is part of their current practice. Therefore, these 
small entities should not incur any additional costs as a result of the 
proposed rule. Accordingly, pursuant to the Regulatory Flexibility Act, 
5 U.S.C. 605(b), the Federal Aviation Administration certifies this 
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

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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.
    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 0104-4 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, B, C, D, AND E AIRSPACE AREAS; AIR 
TRAFFIC SERVICE 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 7400.9M, Airspace Designations and 
Reporting Points, dated August 30, 2004, and effective September 16, 
2004, is amended as follows:

Paragraph 3000--Class B Airspace.

* * * * *

AGL MN B Minneapolis-St. Paul, MN (Revised)

Minneapolis-St. Paul International (Wold-Chamberlain) Airport 
(Primary Airport)
    (Lat. 44[deg]53'00'' N., long. 93[deg]13'01'' W.)
Gopher VORTAC
    (Lat. 45[deg]08'45'' N., long. 93[deg]22'24'' W.)
Flying Cloud VOR/DME
    (Lat. 44[deg]49'33'' N., long. 93[deg]27'24'' W.)
Point of Origin: Minneapolis-St. Paul International (Wold-
Chamberlain) Airport DME Antenna (I-MSP DME)
    (Lat. 44[deg]52'28'' N., long. 93[deg]12'24'' W.)

Boundaries

    Area A. That airspace extending upward from the surface to and 
including 10,000 feet MSL within a 6-mile radius of I-MSP DME.
    Area B. That airspace extending from 2,300 feet MSL to and 
including 10,000 feet MSL within an 8.5-mile radius of I-MSP DME, 
excluding Area A previously described.
    Area C. That airspace extending from 3,000 feet MSL to and 
including 10,000 feet MSL within a 12-mile radius of I-MSP DME, 
excluding Area A and Area B previously described.
    Area D. That airspace extending from 4,000 feet MSL to and 
including 10,000 feet MSL within a 20-mile radius of I-MSP DME and 
including that airspace within a 30-mile radius from the Flying 
Cloud 295[deg] radial clockwise to the Gopher 295[deg] radial and 
from the Gopher 115[deg] radial clockwise to the Flying Cloud 
115[deg] radial, excluding Area A, Area B, and Area C previously 
described.
    Area E. That airspace extending from 7,000 feet MSL to and 
including 10,000 feet MSL within a 30-mile radius of I-MSP DME from 
the Gopher 295[deg] radial clockwise to the Gopher 352[deg] radial, 
and from the Gopher 085[deg] radial clockwise to the Gopher 115[deg] 
radial, and from the Flying Cloud 115[deg] radial clockwise to the 
Gopher 160[deg] radial, and from the Gopher 170[deg] radial 
clockwise to the Flying Cloud 295[deg] radial excluding that 
airspace between a 25-mile radius and a 30-mile radius of I-MSP DME 
from the Flying Cloud 115[deg] radial clockwise to the Gopher 
160[deg] radial, and excluding Area A, Area B, Area C, and Area D 
previously described.
    Area F. That airspace extending from 6,000 feet MSL to and 
including 10,000 feet MSL within a 30-mile radius of I-MSP DME from 
the Gopher 160[deg] radial clockwise to the Gopher 170[deg] radial, 
excluding Area A, Area B, Area C, and Area D previously described.
* * * * *

    Issued in Washington, DC, on July 22, 2005.
Edith V. Parish,
Acting Manager, Airspace and Rules.
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[FR Doc. 05-14976 Filed 7-28-05; 8:45 am]
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