[Federal Register Volume 70, Number 246 (Friday, December 23, 2005)]
[Rules and Regulations]
[Pages 76140-76148]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-24433]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2005-20700; Airspace Docket No. 04-AWA-8]
RIN 2120-AA66


Establishment of Class C Airspace and Revocation of Class D 
Airspace, Orlando Sanford International Airport, FL; and Modification 
of the Orlando International Airport Class B Airspace Area, FL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class C airspace at the Orlando 
Sanford International Airport (SFB), FL; revokes the existing Sanford, 
FL, Class D airspace area and its associated Class E airspace 
extension; and modifies the existing Orlando International Airport 
(MCO), FL, Class B airspace area. The FAA is taking this action to 
improve the flow of air traffic, enhance safety, and reduce the 
potential for midair collision in the Orlando, FL, terminal area.

EFFECTIVE DATE: 0901 UTC, February 16, 2006.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace and Rules, 
Office of System Operations Airspace and AIM, Federal Aviation 
Administration, 800 Independence Avenue, SW., Washington, DC 20591; 
telephone: (202) 267-8783.

SUPPLEMENTARY INFORMATION:

Background

    On August 8, 2005, the FAA published in the Federal Register a 
notice of proposed rulemaking to modify the Orlando International 
Airport, FL, Class B airspace area, establish the Orlando Sanford 
International Airport Class C airspace, and revoke the existing Sanford 
Airport Class D airspace (70 FR 45599). The FAA proposed to realign the 
MCO Class B airspace area (within the existing lateral boundaries) due 
to the commissioning of runway 17L/35R; to ensure that MCO arrivals and 
departures are retained within Class B airspace; and adjust the 
configuration of the Class B airspace area to accommodate the Orlando 
Sanford International Airport Class C airspace area. The FAA proposed 
to establish the SFB Class C airspace area to enhance safety and 
improve the management of air traffic in the terminal area.
    Interested parties were invited to participate in this rulemaking 
effort by submitting written comments on the proposal. In response to 
the NPRM, the FAA received 20 written comments. Many of the commenters 
identified themselves as pilots who operate

[[Page 76141]]

within, or through, the local area. All comments received were 
considered before making a determination on the final rule. An analysis 
of the comments received and the FAA's responses are contained in the 
``Discussion of Comments'' section, below.

Discussion of Comments

    Three commenters (a commercial carrier, a flight instructor, and a 
local flying club) wrote in support of the proposed action. The 
remaining commenters objected to various aspects of the proposal, with 
most opposition directed at the proposed establishment of Class C 
airspace at SFB.
    One commenter felt that changes to the MCO Class B to accommodate 
the proposed SFB Class C airspace might be unsafe. Concern was 
expressed that modification of the east-west visual flight rules (VFR) 
flyway between SFB and Orlando Executive Airport would compress traffic 
due to the locations of VFR practice areas and the Bithlo television 
towers.
    FAA Response: The FAA does not agree. The modification of the MCO 
Class B airspace area to accommodate the SFB Class C airspace will not 
adversely impact operations to or from MCO. In addition, raising the 
floor of Class B airspace from 1,600 feet MSL to 2,000 feet MSL around 
Orlando Executive Airport will provide additional airspace for VFR 
aircraft to utilize while remaining below the floor of the MCO Class B 
airspace. The east-west flyway will be moved only one or two miles 
south of its current location and will remain north of the Bithlo 
towers and north of the Lake Apopka practice area. The modifications 
will provide additional flyway and transition airspace for VFR aircraft 
as compared to the present airspace configuration.
    A number of commenters, including the Aircraft Owners and Pilots 
Association (AOPA) cited the excellent safety record at SFB as evidence 
that Class C airspace is not needed at that location.
    FAA Response: The FAA agrees that SFB has had an excellent safety 
record. However, during calendar year 2004, SFB experienced an increase 
in runway incursions. During calendar year 2005, SFB undertook 
proactive measures that successfully reduced the number of runway 
incursions. Based on growing passenger enplanements, traffic mix, and 
complexity, the FAA believes that the designation of Class C airspace 
at SFB is a necessary step toward maintaining that record by further 
improving safety and enhancing the management of air traffic operations 
in the area. Receiving Class C radar services will improve safety for 
aircraft operating at SFB and for VFR aircraft transitioning the area.
    One commenter said the FAA should pursue nonregulatory alternatives 
to Class C airspace at SFB such as: Adjust staffing to address safety 
and controller workload concerns; modify the MCO Class B airspace area 
or the existing SFB Class D airspace area to contain aircraft beyond 
the four-mile final; and delegate the sequencing of SFB arrivals to MCO 
approach control by letter of agreement rather than by establishing 
additional regulatory airspace.
    FAA Response: FAA policy requires that, prior to considering 
designation of Class C airspace at a given location, nonregulatory 
alternatives that would provide an acceptable level of safety must be 
utilized such as: Improved radar services, pilot/controller education 
programs, and safety seminars. As discussed in the NPRM, a number of 
nonrulemaking actions were taken to address safety in the SFB area, 
including: (1) The installation of Digital Bright Radar Tower Equipment 
at SFB ATCT; (2) annual Operation Rain Check pilot-controller forums; 
(3) periodic user group meetings and safety meetings; (4) procedural 
initiatives to keep larger arriving aircraft at higher altitudes away 
from slower traffic and rerouting of arrivals to avoid a flight 
training area; (5) set up of standard VFR arrival areas; and (6) 
development of various procedures for more efficient handling of flight 
school operations in the Orlando area. These nonregulatory efforts 
have, indeed, contributed to enhanced safety at SFB. However, traffic 
conflicts in the SFB area remain a concern and the FAA believes that, 
considering rising passenger enplanements, and the traffic mix and 
volume in the Central Florida terminal area, additional action is 
needed in the form of Class C airspace to maintain the excellent safety 
record. The commenter's suggestion to adjust staffing as a means to 
reduce SFB tower controller workload would not be feasible to resolve 
the problem. A concern at SFB is the mix of small and large aircraft 
that use runway 9L/27R and operate in the airspace along the SFB final 
approach and departure areas. One controller works runway 9L/27R 
traffic, and splitting the position responsibilities is not possible. 
Therefore, additional staffing would not alleviate the workload 
concerns. Another suggested alternative for reducing SFB Tower workload 
was to delegate the sequencing of SFB arrivals to MCO approach control 
by a letter of agreement rather than establishing Class C airspace. 
However, such a procedure would not eliminate initial call-ups to the 
Tower by VFR aircraft operating in the area. It was also suggested 
that, instead of establishing Class C airspace at SFB, the FAA should 
expand the MCO Class B or the SFB Class D airspace areas to address the 
issue of SFB air carrier arrivals exiting Class B or D airspace prior 
to the four-mile point on final approach. Expanding the MCO Class B 
airspace area to cover this airspace would not be appropriate because 
Class B airspace is not needed in that area to support MCO operations. 
Additionally, expanding Class B airspace to encompass SFB final 
approach operations would hamper VFR operations at SFB by placing 
additional regulatory requirements on VFR pilots operating at SFB. 
Class D airspace design criteria do not allow for the length of 
extensions that would be required to contain the SFB ILS final approach 
course. The FAA believes that enhanced traffic flow and increased 
safety will be achieved through the designation of the SFB Class C 
airspace area.
    Several commenters questioned the adequacy of air traffic 
controller staffing levels to handle the workload resulting from the 
modification of the MCO Class B and designation of the SFB Class C 
airspace.
    FAA Response: Staffing and equipment resources are already in place 
to support the MCO Class B modifications and the establishment of the 
SFB Class C airspace. Procedures have been developed to operate SFB 
with Class C airspace. Further, MCO TRACON has added an additional 
sector and radio frequency, and requested an additional VFR code block, 
in preparation for the expected additional volume to be generated by 
the airspace changes. Class C airspace will generate an increased 
workload for the SFB Clearance Delivery position, but that position is 
prepared to handle the increase. Staffing and equipment levels are 
adequate to provide all Class C services without impacting safety or 
efficiency and the FAA does not expect staffing to be an issue for MCO 
or SFB. However, should circumstances arise that indicate a need for 
additional resources, action will be taken to obtain them.
    One commenter questioned the justification for Class C airspace at 
SFB based on the passenger enplanement count, stating the enplanement 
data alone do not tell the full story, and two commenters questioned 
the validity of Class C airspace at SFB because the SFB operations 
count has declined below the criteria threshold.

[[Page 76142]]

    FAA Response: The FAA agrees that enplanements are not the sole 
factor in determining a need for Class C airspace. Instrument 
operations and passenger enplanement data are used to identify an 
airport as a possible candidate for Class C airspace. For an airport to 
be identified as a candidate for Class C airspace, the airport must be 
serviced by an operational airport traffic control tower and a radar 
approach control. In addition, the airport must meet at least ONE of 
the following: (1) An annual instrument operations count of 75,000 at 
the primary airport; (2) an annual instrument operations count of 
100,000 at the primary and secondary airports in the terminal area hub; 
or (3) an annual count of 250,000 enplaned passengers at the primary 
airport. These criteria only identify an airport as a candidate for 
possible Class C airspace designation. Since the enplaned passenger 
count for SFB exceeds 600,000, it is a legitimate candidate for Class C 
airspace. A range of other factors must also be considered when 
determining if a need for Class C airspace exists. However, a need to 
enhance safety is the main consideration in evaluating these factors. 
SFB ranks as the 24th busiest tower in the United States. SFB serves a 
combination of large aircraft with high passenger counts mixed with 
general aviation operations, and a high level of flight training 
activities. The FAA believes that the SFB Class C airspace area is 
justified to provide a safer environment for this mix of operations.
    The Greater Orlando Airports Authority (GOAA) expressed concerns 
about the impact on safety for pilots flying to Orlando Executive 
Airport. The GOAA noted that Orlando Executive Airport, with Class D 
airspace, will be located between two more restrictive types of 
airspace; that is, Class B at MCO and Class C at SFB. The GOAA believes 
that the FAA did not use a regional approach in studying the terminal 
area airspace, and requested that the FAA implement Class C airspace at 
Orlando Executive concurrent with the designation of Class C airspace 
at SFB.
    FAA Response: The FAA does not agree with GOAA's concerns regarding 
the extent or validity of the airspace study. FAA directives list the 
factors to be examined in the airspace staff study when considering 
Class B and Class C airspace proposals. These include an examination of 
VFR and IFR traffic flows into, out of, and through the terminal area; 
air traffic at each satellite airport in the area; and a description of 
overall air traffic operations in the overall area. Considering the 
close proximity of Orlando Executive Airport, MCO, and SFB, operations 
at each airport must be taken into account when examining the terminal 
area. Due to the size of the area encompassed by the MCO Class B 
airspace, a study of air traffic operations and airspace in that area 
must necessarily include a regional perspective. In 2003, the FAA 
completed a preliminary staff study to examine the need for Class C 
airspace at Orlando Executive Airport. However, the instrument 
operations count for the airport dropped below the 75,000 criteria, so 
further action was not pursued. The FAA believes that implementation of 
Class C airspace at Orlando Executive Airport at this time would be 
overly restrictive to VFR operations at Orlando Executive Airport. It 
should be noted that FAA policy directives call for terminal airspace 
designations to be reviewed every two years; therefore, airspace 
requirements at Orlando Executive Airport will be subject to further 
review. The FAA does not believe that this rulemaking action will 
adversely affect safety for pilots operating to or from Orlando 
Executive Airport, nor should pilots experience delays as a result. A 
similar situation exists in southern Florida and safety has not been 
compromised.
    One pilot wrote that the proposed SFB Class C airspace 
configuration might be unsafe, citing the amount of restricted or 
otherwise controlled airspace already in the area (R-2910, MCO Class B, 
Daytona Beach Class C, etc.). The commenter objected to placing Class C 
airspace around SFB that would extend farther north than the current 
MCO Class B airspace boundary. This would crowd VFR aircraft into less 
space, particularly to the northwest of the proposed outer ring where 
two towers extend to over 1,700 feet MSL.
    FAA Response: The commenter is incorrect regarding the extent of 
the SFB 10-NM ring. The original configuration of the proposed SFB 
Class C airspace did include a full 10-NM ring north of the airport. 
However, based on feedback from the ad hoc committee meetings, and as 
described in the NPRM, the proposed SFB Class C airspace design was 
changed so that the 10-NM ring was eliminated north of the current 
northern boundary of the MCO Class B airspace area along latitude 
28[deg]53[min]00[sec] N. Therefore, Class C airspace will not extend 
into the airspace in question near the towers nor will the SFB Class C 
airspace result in additional crowding of VFR aircraft between the 
Daytona Beach Class C airspace area and the current northern edge of 
the MCO Class B airspace area. Similarly, to the south of SFB, the 
Class C 10-NM ring was cutoff along latitude 28[deg]41[min]36[sec] N. 
This modification provides additional airspace in the east-west VFR 
flyway located between Orlando Executive and SFB.
    A majority of the commenters stated that the SFB Class C airspace 
would adversely impact, and place undue burdens on, VFR operations to, 
from, and transiting the terminal area. Several writers commented that 
they currently are able to operate to and from SFB without problems or 
delays. Several commenters felt that the existing MCO Class B airspace 
dominates the region and currently restricts VFR flying and that adding 
the SFB Class C airspace would make flying in the area more confusing. 
Commenters were also concerned that the implementation of Class C 
airspace might cause congestion and bottlenecks on approach control 
frequencies and otherwise result in limitations on general aviation 
access to the airspace.
    FAA Response: The FAA does not agree. Current traffic routings and 
proposed Class C routings were compared and it was found that the new 
Class C airspace would have minimal negative impact on users. 
Procedures for the Class C airspace operation will allow SFB users to 
continue flying much as they do today. The FAA believes that this rule 
will provide an additional level of safety for VFR aircraft operating 
at SFB and in the Orlando terminal area. A minimal increase in flying 
miles (five miles further west or east of SFB) may be required for 
pilots desiring to transit outside the SFB Class C and MCO Class B 
airspace areas. With Class C airspace, all VFR aircraft flying to SFB 
will receive radar service. ATC will utilize three arrival sectors for 
handling inbound aircraft. This will result in less difficulty arriving 
at SFB and may reduce flying time to enter the traffic pattern. The 
modifications to the MCO Class B airspace will also provide additional 
airspace for VFR aircraft in the area to the north of Orlando Executive 
Airport and south of the SFB Class C airspace area. A new north-south 
VFR flyway is being added to the east of the SFB Class C airspace area. 
The FAA is also establishing two new VFR waypoints (VPAPO southwest of 
SFB at lat. 28[deg]40[min]15[sec] N., long. 81[deg]31[min]31[sec] W.; 
and VPBIT southeast of SFB at lat. 28[deg]39[min]54[sec] N., long. 
81[deg]01[min]18[sec] W.). The new waypoints will assist VFR navigation 
through the expanded east-west VFR flyway that lies between Orlando 
Executive Airport and SFB, and the north-south flyways to the east and 
west of the SFB Class C airspace area. The FAA will allow SFB VFR

[[Page 76143]]

departures, on pilot request, to remain on SFB ATCT frequency and 
terminate service at the 5-mile Class C airspace ring. The FAA also 
will continue the procedure whereby departing VFR aircraft at Orlando 
Executive Airport may request a transponder code on the ground. 
Currently, most Orlando Executive VFR northbound departures fly around 
the SFB Class D airspace. The addition of the SFB Class C airspace will 
only slightly increase flying miles as noted above. Since the changes 
implemented by this rulemaking action lie totally within the existing 
MCO mode C veil, no additional aircraft equipment requirements are 
imposed in order to operate in the area. As discussed under the 
comments regarding staffing, above, the FAA has taken steps to ensure 
that MCO approach control is prepared to handle the workload generated 
by the implementation of the SFB Class C airspace area.
    A suggestion was made that the floor of the SFB Class C airspace in 
the 5-10 mile ring be raised from 1,300 feet MSL to 1,600 feet MSL to 
allow transiting VFR aircraft to fly beneath the area at 1,500 feet 
MSL.
    FAA Response: The FAA does not agree with the suggestion. The 
crossing altitudes at the final approach fixes are 1,500 feet MSL and 
1,600 feet MSL. Raising the floor as suggested would result in 
conflicts that the Class C airspace is designed to eliminate.
    One commenter suggested that a north-south VFR flyway be 
established directly over SFB.
    FAA Response: The FAA does not agree. Currently, aircraft 
transitioning over SFB at 1,500 feet MSL, as approved by SFB Tower, 
total only about five per day. With the implementation of the SFB Class 
C airspace area, a transition over SFB at 2,500 feet MSL would be 
possible for aircraft in contact with MCO approach control. A VFR 
flyway directly over SFB would not be feasible. VFR flyways provide 
general flight paths for pilots planning flights into, out of, through, 
or near complex terminal airspace so as to avoid Class B airspace. 
Flyway altitudes must avoid airspace that requires prior authorization 
or clearance to enter. A flyway over SFB would result in departures 
being restricted below the flyway altitude until clear of the flyway. 
The airspace between 2,000 feet MSL and 3,000 feet MSL over SFB is used 
to transition arrivals and departures to/from Orlando Executive 
Airport. Due to the complexity of the airspace in the SFB area, the 
suggested flyway is not feasible because it would impact SFB 
operations, and/or require pilots to obtain a Class B clearance or 
establish communications in order to enter Class C airspace.
    Several commenters, including AOPA, argued that the FAA did not 
follow the ad hoc committee process, ignored public input, and/or did 
not obtain sufficient user involvement in developing this airspace 
proposal.
    FAA Response: Substantial user input was obtained in developing the 
MCO/SFB airspace proposal. Ad hoc user meetings were held on January 
14, February 25, and March 17, 2003. The FAA did encounter a delay in 
mailing of the announcement of the two Informal Airspace Meetings held 
in November 2003. As a result, supplemental notifications were made to 
various organizations via e-mail and the information was displayed on 
the MCO Tower web site. The NPRM also provided a 60-day comment period, 
which resulted in 20 written comments being submitted to the FAA. 
Additionally, discussions on the project have been included at regular 
local airport user meetings since early 2003. The comment that the FAA 
ignored public input is without basis. In fact, the NPRM specifically 
addressed at least seven specific issues that were raised in a letter 
submitted to the FAA by an aviation organization as a result of public 
meetings. The NPRM also discussed a number of recommendations that 
resulted from the ad hoc committee meetings and included issues 
discussed at the November 2003 Informal Airspace Meetings.
    The following is a summary of the ad hoc committee recommendations:
    1. Reduce the Class C 10-mile ring north of SFB to align with the 
current Class B boundary.
    2. Include a cutout from the Class C airspace area to accommodate 
the Cedar Knoll Flying Ranch Airport.
    3. Provide a procedure allowing SFB VFR departures to remain with 
the Tower and terminate services at the five-mile ring, below the Class 
C airspace outer area.
    4. Permit Orlando Executive Airport VFR departures to obtain a 
transponder code on the ground.
    5. Establish an uncontrolled VFR flyway over SFB at 2,500 feet MSL 
and a new flyway east of the proposed SFB Class C airspace.
    6. Realign the eastern edge of the proposed Class C airspace to 
follow the shore of Lake Harney.
    7. Raise the floor of the proposed SFB Class C from 1,300 feet MSL 
to 1,600 feet MSL within the 5-10 mile ring to enable VFR aircraft to 
fly beneath it at 1,500 feet MSL.
    8. Establish Class C airspace at Orlando Executive Airport 
concurrent with the SFB Class C airspace implementation.
    With the exception of the VFR flyway over SFB, the alignment of the 
Class C boundary along Lake Harney, the requested 1,600 feet MSL floor 
in the 5-10 mile ring, and the designation of Class C airspace at 
Orlando Executive Airport, the above recommendations were adopted.

The Rule

    This action amends Title 14 Code of Federal Aviation Regulations 
(14 CFR) part 71 to modify the MCO Class B airspace area, establish the 
SFB Class C airspace area, and revoke the SFB Class D airspace area. 
The specifics of this action (depicted on the attached chart) are 
summarized in the following paragraphs. In addition, this rule revokes 
the Class E airspace extension to the SFB Class D airspace area.

Orlando Sanford International Airport Class C Airspace

    The Sanford Class C airspace area is described as follows:
    That airspace extending upward from the surface to but not 
including 3,000 feet MSL within a 5-mile radius of the Sanford 
International Airport (SFB), excluding that airspace from the surface 
to but not including 700 feet MSL in the vicinity of Cedar Knoll Flying 
Ranch Airport within the area beginning at lat. 28[deg]50'00'' N., 
long. 81[deg]10'00'' W., thence clockwise along the SFB 5-mile radius 
arc to lat. 28[deg]43'20'' N., long. 81[deg]10'00'' W., thence north to 
the point of beginning; and that airspace extending upward from 1,300 
feet MSL to but not including 3,000 feet MSL within the area beginning 
northeast of the primary airport at the intersection of the SFB 10-mile 
radius arc and lat. 28[deg]53'00'' N., thence clockwise along the SFB 
10-mile radius arc to lat. 28[deg]41'36'' N., then west along lat. 
28[deg]41'36'' N. to the intersection of the SFB 10-mile radius arc, 
then clockwise along the SFB 10-mile radius arc to lat. 28[deg]53'00'' 
N., then east along lat. 28[deg]53'00'' N., to the point of beginning.
    The SFB Class C airspace area will be effective during times when 
the Orlando Sanford International ATCT is in operation. These times 
will be published in the appropriate volume of the Airport/Facility 
Directory.
    The Sanford Class C airspace will replace the existing Sanford 
Class D airspace area, which will be revoked through this rule. In 
addition, although not addressed in the NPRM, this action also revokes 
the existing Class E airspace extension to the SFB Class D

[[Page 76144]]

airspace area. Since the Class D airspace area is being revoked, the 
Class E extension is no longer required.

Orlando International Airport Class B Airspace

    This action modifies several areas within the Orlando Class B 
airspace to accommodate the new Sanford Class C airspace area; reflect 
the adjustment of the Orlando International Airport ARP as a result of 
the commissioning of the fourth runway at Orlando International 
Airport; and provide additional Class B airspace to ensure that Orlando 
International Airport arrivals and departures are contained within 
Class B airspace. The existing outer-most boundaries of the Orlando 
Class B airspace area remain unchanged by these modifications.
    The following describes the revisions to the Orlando Class B 
airspace area:
    Area A. Area A is recentered on lat. 28[deg]25'46'' N., long. 
81[deg]18'32'' W. This represents a shift of Area A slightly to the 
east to recenter the area on the revised Orlando International Airport 
ARP, which was adjusted due to the addition of the fourth runway at 
Orlando International.
    Area B. The eastern boundary of Area B is shifted approximately 1 
NM east to long. 81[deg]10'00'' W. to accommodate the new Orlando 
International Airport runway.
    Area C. The section of Area C in the vicinity of Sanford 
International Airport is removed and replaced by the Sanford Class C 
airspace area up to but not including 3,000 feet MSL, and by Area E 
from 3,000 feet MSL up to and including 10,000 feet MSL. Area C in the 
vicinity of Orlando Executive Airport is reduced in size. The airspace 
removed from Area C to the west, north, and northeast of Orlando 
Executive Airport is incorporated into Area D with its higher Class B 
airspace floor of 2,000 feet MSL. This change increases the amount of 
airspace available to VFR aircraft allowing them to utilize that area 
below 2,000 feet and remain outside of Class B airspace. Also, the 
eastern boundary of the Area C segments located to the north and south 
of Orlando International Airport is modified by moving the eastern 
boundary one degree east to long. 81[deg]10'00'' W. to accommodate the 
new runway.
    Area D. Area D is expanded in size in the vicinity of Orlando 
Executive Airport by incorporating the airspace removed from Area C, as 
described above. This change also raises the floor of Class B airspace 
in the affected area from 1,600 feet MSL to 2,000 feet MSL, providing 
additional VFR flyway airspace between Sanford International Airport 
and Orlando Executive Airport while still protecting Orlando 
International Airport arrivals. Also, the eastern boundary of Area D is 
moved eastward to long. 81[deg]10'00'' W. to accommodate the new runway 
at Orlando International Airport.
    Area E. The boundary of Area E to the east of Orlando 
International, currently defined by long. 81[deg]11'00'' W., is moved 
eastward one degree to long. 81[deg]10'00'' W. This modification 
accommodates the new Orlando International Airport runway. 
Additionally, Area E is expanded in the vicinity of Sanford so that 
Area E overlies the Sanford Class C airspace area and incorporates the 
airspace from 3,000 feet MSL up to and including 10,000 feet MSL over 
Sanford, that was formerly in Area C. Also, the southern boundary of 
Area E, located to the south of Sanford, is moved further south by 
approximately 2.5 NM to align it with the southern boundary of the 
Sanford Class C airspace area, along lat. 28[deg]41'36'' N.
    Area F. That airspace described as Area F in the existing Orlando 
Class B airspace area is renamed ``Area G.'' A new Area F is inserted 
to the west of Orlando International, adjacent to, and west of, Area D 
and Area E. This new Area F consists of that airspace located between 
long, 81[deg]27'30'' W. and long. 81[deg]32'00'' W., and bounded by the 
ORL VORTAC 30-mile radius on the south, and by lat. 28[deg]53'00'' N., 
on the north. The floor of the new Area F is set at 4,000 feet MSL 
instead of the 6,000 feet MSL floor in the existing Area F. The lower 
floor provided by the new Area F ensures that departures climbing 
westbound off MCO and arrivals on downwind leg for landing at Orlando 
International remain within Class B airspace.
    Area G. The remaining sections of the existing Area F are renamed 
Area G as a result of the addition of a new Area F, described above.

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 
final rule: (1) Will 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) will not have 
a significant impact on a substantial number of small entities; (4) 
will not constitute a barrier to international trade; and (5) will 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 FAA proposed to change the Orlando Class B and the Orlando 
Sanford Airport Class D airspace areas. The Orlando Class B airspace 
area modification will maintain the 10,000 feet MSL airspace ceiling 
and redefine the lateral limits of several of the existing subareas to 
improve the management of air traffic operations in the Orlando 
terminal area. The Orlando Sanford Airport Class D airspace area 
upgrade to a Class C airspace area will lower the airspace area from 
3,000 to 1,600 feet MSL and will include a radius of 4.4 NM from the 
Orlando Sanford Airport up to but not including 1,600 feet MSL.
    The FAA has determined that the changes to the Orlando Class B and 
the Orlando Sanford Airport Class D airspace areas will improve the 
operational efficiency while maintaining aviation safety in the 
terminal airspace area. Also, clearer boundary definition and changes 
to lateral and vertical limits of some subareas will provide additional 
airspace for use by VFR aircraft transitioning to and from satellite 
airports. This proposal will impose only negligible costs on some 
airspace users but could potentially reduce circumnavigation costs to 
other airspace users.
    The final rule will result in negligible additional administrative 
costs to the FAA and no additional operational costs for personnel or 
equipment to the agency. Printing of aeronautical charts which reflect 
the changes to the Class B area and the upgrade to Class C airspace 
area will be accomplished during a scheduled chart printing, and will 
result in no additional costs for plate modification and updating of 
charts. Furthermore, no staffing changes will be required to maintain 
the modified Class B airspace area and the upgraded Class D airspace 
area. Potential increase in FAA operations workload could be absorbed 
by current personnel and equipment.

[[Page 76145]]

    In view of the negligible cost of compliance, enhanced aviation 
safety, and improved operational efficiency, the FAA has determined 
that the final rule will 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 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 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.
    The FAA has determined that the final rule will have a de minimus 
impact on small entities. All commercial and general aviation operators 
who presently use the Orlando International Airport are equipped to 
operate within the modified Class B airspace area. As for aircraft that 
regularly fly through the Orlando Sanford International Airport Class D 
airspace area, since the airport is situated within the established 
Orlando Mode C Veil, all aircraft should already have the necessary 
equipment to transition the modified Class B airspace area. Therefore, 
there will be no additional equipment cost to these entities.
    Accordingly, pursuant to the Regulatory Flexibility Act, 5 U.S.C. 
605(b), as the Administrator of the Federal Aviation Administration, I 
certify that this rule will not have a significant economic impact on a 
substantial number of small entities.

International Trade Impact Assessment

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. The FAA has assessed the 
potential effect of this (proposed/final) rule and determined that it 
will have only a domestic impact and therefore no affect on any trade-
sensitive activity.

Unfunded Mandates Assementment

    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.'' The FAA currently 
uses an inflation-adjusted value of $120.7 million in lieu of $100 
million.
    This final rule does not contain such a mandate. The requirements 
of Title II 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 action.

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, B, C, D, AND E AIRSPACE AREAS; AIR 
TRAFFIC SERVICE 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 the Federal 
Aviation Administration Order 7400.9N, Airspace Designations and 
Reporting Points, dated September 1, 2005, and effective September 15, 
2005, is amended as follows:

Paragraph 3000 Class B Airspace

* * * * *

ASO FL B Orlando, FL [Revised]

Orlando International Airport (MCO) (Primary Airport)
    (Lat. 28[deg]25'46'' N., long. 81[deg]18'32'' W.)
Orlando VORTAC (ORL)
    (Lat. 28[deg]32'34'' N., long. 81[deg]20'06'' W.)

Boundaries

    Area A--That airspace extending upward from the surface to and 
including 10,000 feet MSL within a 5-NM radius from the Orlando 
International Airport.
    Area B--That airspace extending upward from 900 feet MSL to and 
including 10,000 feet MSL beginning at a point of the intersection 
of State Road (S.R.) 423 (John Young Parkway SW of ORL VORTAC) and 
Interstate 4, thence northeast along Interstate 4 to the 
intersection of Interstate 4 and S.R. 441 (Orange Blossom Trail), 
thence direct to the intersection of Lake Underhill Road and Palmer 
Street, thence east along Lake Underhill Road to the intersection of 
Lake Underhill Road and the Central Florida Greenway (S.R. 417), 
thence direct to lat. 28[deg]29'22'' N., long. 81[deg]10'00'' W. 
(the Stanton Power Plant), thence south to the intersection of the 
ORL VORTAC 14-mile radius arc, thence clockwise along the ORL VORTAC 
14-mile radius arc to the intersection of S.R. 423, thence north 
along S.R. 423 to the point of beginning.
    Area C--That airspace extending upward from 1,600 feet MSL to 
and including 10,000 feet MSL beginning at a point of the 
intersection of Interstate 4 and the Orlando Executive Airport Class 
D airspace 4.2-mile radius arc (lat. 28[deg]30'33'' N., long. 
81[deg]24'03'' W.), thence clockwise on the Orlando Executive 
Airport 4.2-mile radius to University Blvd., thence east on 
University Blvd. to the intersection of S.R. 434, thence east on 
lat. 28[deg]35'50'' N. to long. 81[deg]10'00'' W., thence south to 
lat. 28[deg]29'22'' N., thence northwest direct to the intersection 
of Lake Underhill Road and Central Florida Greenway (S.R. 417), 
thence west along Lake Underhill Road to the intersection of Palmer 
Street, thence southwest to the point of beginning. Also, that 
airspace south of the primary airport extending upward from 1,600 
feet MSL to and including 10,000 feet MSL beginning at the point of 
intersection of long. 81[deg]24'06'' W., and the ORL VORTAC 14-mile 
radius arc, thence counterclockwise along the ORL VORTAC 14-mile 
radius arc to the intersection of long. 81[deg]10'00'' W., thence 
south to the intersection of the ORL VORTAC 20-mile radius arc, 
thence clockwise along the ORL VORTAC 20-mile radius arc to long.

[[Page 76146]]

81[deg]24'06'' W., thence north to the point of beginning.
    Area D--That airspace extending upward from 2,000 feet MSL to 
and including 10,000 feet MSL beginning at a point of the 
intersection of Interstate 4 and long. 81[deg]27'30'' W., thence 
north to lat. 28[deg]41'36'' N., thence east to long. 81[deg]10'00'' 
W., thence south to lat. 28[deg]35'50'' N., thence west to the 
intersection of S.R. 434 and University Blvd., thence west on 
University Blvd. to the Orlando Executive Airport 4.2-mile radius 
arc, thence counterclockwise on the Orlando Executive Airport 4.2-
mile radius arc to the intersection of Interstate 4, southwest of 
the ORL VORTAC, thence west on Interstate 4 to the intersection of 
S.R. 423, thence south along S.R. 423 to the intersection of the ORL 
VORTAC 14-mile radius arc, thence counterclockwise along the ORL 
VORTAC 14-mile radius arc to long. 81[deg]24'06'' W., thence south 
to the intersection of the ORL VORTAC 20-mile radius arc, thence 
clockwise along the ORL VORTAC 20-mile radius arc to the 
intersection of long. 81[deg]27'30'' W., thence north to the point 
of beginning.
    Area E--That airspace extending upward from 3,000 feet MSL to 
and including 10,000 feet MSL beginning at a point of the 
intersection of lat. 28[deg]41'36'' N., long. 81[deg]27'30'' W., 
thence north to the intersection of lat. 28[deg]53'00'' N., thence 
east to the intersection of the MCO Mode C Veil 30-NM radius arc, 
thence southeast along the MCO Mode C Veil 30-NM radius arc to the 
intersection of the power lines at lat. 28[deg]50'20'' N., thence 
southeast along these power lines to lat. 28[deg]41'36'' N., thence 
west to long. 81[deg]05'09'' W., thence south along the Florida 
Power transmission lines to the intersection of Highway 50 at lat. 
28[deg]32'10'' N., long. 81[deg]03'35'' W., thence south to the Bee 
Line Expressway at lat. 28[deg]27'05'' N., long. 81[deg]03'45'' W., 
thence west along the Bee Line Expressway to the intersection of 
lat. 28[deg]27'00'' N., long. 81[deg]04'40'' W., thence south to the 
intersection of the ORL VORTAC 30-mile radius arc, thence clockwise 
along the ORL VORTAC 30-mile radius arc to long. 81[deg]27'30'' W., 
thence north on long. 81[deg]27'30'' W., to the intersection of the 
ORL VORTAC 20-mile radius arc, thence counterclockwise along the ORL 
VORTAC 20-mile radius arc to the intersection of long. 
81[deg]10'00'' W., thence north to the intersection of lat. 
28[deg]41'36'' N., thence west to the point of beginning.
    Area F--That airspace extending upward from 4,000 feet MSL to 
and including 10,000 feet MSL beginning south of the primary airport 
at the intersection of the ORL VORTAC 30-mile radius arc and long. 
81[deg]27'30'' W., thence clockwise along the ORL VORTAC 30-mile 
radius arc to long. 81[deg]32'00'' W., thence north to lat. 
28[deg]53'00'' N., thence east to long. 81[deg]27'30'' W., thence 
south to the point of beginning.
    Area G--That airspace extending upward from 6,000 feet MSL to 
and including 10,000 feet MSL beginning south of the primary airport 
at the intersection of the ORL VORTAC 30-mile radius arc and long. 
81[deg]32'00'' W., thence clockwise on the ORL VORTAC 30-mile radius 
arc to the intersection of Highway 27, thence north along Highway 27 
to the intersection of Highway 27 and long. 81[deg]45'00'' W., 
thence north along long. 81[deg]45'00'' W., to the intersection of 
the ORL VORTAC 24-mile radius arc, thence clockwise along the ORL 
VORTAC 24-mile radius arc to the intersection of lat. 28[deg]53'00'' 
N., thence east to the intersection of long. 81[deg]32'00'' W., 
thence south to the point of beginning. Also that airspace extending 
upward from 6,000 feet MSL to and including 10,000 feet MSL 
beginning at the Florida Power transmission lines at lat. 
28[deg]41'36'' N., long. 81[deg]05'09'' W., thence east along lat. 
28[deg]41'36'' N. to the Florida Power transmission lines at lat. 
28[deg]41'36'' N., long. 80[deg]54'26'' W., thence southeast and 
south along these power lines to the intersection of Highway 50, 
thence south to the power lines at lat. 28[deg]22'14'' N., long. 
80[deg]52'30'' W., thence southwest along these power lines to the 
intersection of long. 81[deg]04'40'' W., thence north along long. 
81[deg]04'40'' W., to the intersection of the Bee Line Expressway at 
lat. 28[deg]27'00'' N., long. 81[deg]04'40'' W., thence east along 
the Bee Line Expressway to lat. 28[deg]27'05'' N., long. 
81[deg]03'45'' W., thence north to the intersection of Highway 50 
and the Florida Power transmission lines at lat. 28[deg]32'10'' N., 
long. 81[deg]03'45'' W., thence north along these power lines to the 
point of beginning.
* * * * *

Paragraph 4000 Class C Airspace

* * * * *

ASO FL C Sanford, FL [New]

Orlando Sanford International Airport (SFB) (Primary Airport)
    (Lat. 28[deg]46'40'' N., long. 81[deg]14'15'' W.)
Cedar Knoll Flying Ranch Airport (Private Airport)
    (Lat. 28[deg]46'55'' N., long. 81[deg]09'33'' W.)

    That airspace extending upward from the surface to but not 
including 3,000 feet MSL within a 5-mile radius of the Orlando 
Sanford International Airport, excluding that airspace, from the 
surface to but not including 700 feet MSL in the vicinity of Cedar 
Knoll Flying Ranch Airport, within the area beginning at lat. 
28[deg]50'00'' N., long. 81[deg]10'00'' W., thence clockwise along 
the SFB 5-mile radius arc to lat. 28[deg]43'20'' N., long. 
81[deg]10'00'' W., thence north to the point of beginning; and that 
airspace extending upward from 1,300 feet MSL to but not including 
3,000 feet MSL within the area beginning northeast of the primary 
airport at the intersection of the SFB 10-mile radius arc and lat. 
28[deg]53'00'' N., thence clockwise along the SFB 10-mile radius arc 
to lat 28[deg]41'36'' N., thence westbound to the intersection of 
the SFB 10-mile radius arc, thence clockwise on the SFB 10-mile 
radius arc to lat. 28[deg]53'00'' N., thence east to the point of 
beginning. This Class C airspace area is effective during the 
specific days and hours of operation of the Orlando Sanford 
International Airport Tower as established in advance by Notice to 
Airmen. The effective dates and times will thereafter be 
continuously published in the Airport/Facility Directory.
* * * * *

Paragraph 5000 Class D Airspace

* * * * *

ASO FL D Sanford, FL [Remove]

* * * * *

Paragraph 6004 Class E Airspace Areas Designated as an Extension to 
a Class D Surface Area

* * * * *

ASO FL E4 Sanford, FL [Remove]

* * * * *

    Issued in Washington, DC, on December 20, 2005.
Edith V. Parish,
Manager, Airspace and Rules.
BILLING CODE 4910-13-U

[[Page 76147]]

[GRAPHIC] [TIFF OMITTED] TR23DE05.000

[FR Doc. 05-24433 Filed 12-22-05; 8:45 am]
BILLING CODE 4910-13-C