[Federal Register Volume 71, Number 31 (Wednesday, February 15, 2006)]
[Rules and Regulations]
[Pages 7848-7851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1429]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

Docket No. FAA-2005-22509; Airspace Docket No. 03-AWA-2

RIN 2120-AA66


Modification of the St. Louis Class B Airspace Area; MO

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action modifies the St. Louis, MO, (STL) Class B airspace 
area to contain large, turbine-powered aircraft operations to and from 
the new Runway 11/29 at the Lambert-St. Louis International Airport 
(KSTL), St. Louis, MO. The FAA is taking this action to enhance safety 
and improve the management of aircraft operations in the KSTL 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: Effective Date: 0901 UTC, April 13, 2006.

FOR FURTHER INFORMATION CONTACT: Steve Rohring, 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 November 22, 2005, the FAA published in the Federal Register a 
notice of proposed rulemaking (NPRM) to modify the STL Class B airspace 
area (70 FR 70558). The FAA proposed the action to enhance safety and 
improve the management of aircraft operations in the KSTL terminal area 
by containing large, turbine-powered aircraft operations to and from 
the new Runway 11/29 within the STL Class B airspace area.
    As part of the FAA's Operational Evolution Plan, a new runway is 
under construction at KSTL. The new runway (Runway 11/29) is designed 
to provide a 51% increase in airport capacity and is scheduled to be 
commissioned in April, 2006. If the current Class B airspace area is 
not expanded, aircraft conducting instrument operations to this new 
runway will frequently need to intercept instrument approaches outside 
of the STL Class B airspace area. This action addresses that matter.

Discussion of Comments

    International parties were invited to participate in this 
rulemaking proceeding by submitting written comments on the proposal to 
the FAA. The FAA received three comments as follows:
    The Air Line Pilots Association, International (ALPA) concurred 
with the proposed modifications to the STL Class B airspace area and 
suggested raising the ceiling of the STL Class B airspace area from 
8,000 feet above mean sea level (MSL) to 10,000 feet MSL in addition to 
the modifications proposed in the NPRM ``to further improve the safety 
of arrival and departure operation to and from [KSTL].'' The FAA 
considered raising the ceiling of Class B airspace early in the 
planning phase for this modification; however, the increase was opposed 
by the ad hoc committee and sufficient justification for raising the 
ceiling was not found. The FAA will continue to evaluate traffic volume 
and flow patterns in the KSTL terminal area to identify any future 
safety benefit that may be gained by raising the ceiling.
    A second commenter also suggested raising the ceiling of the STL 
Class B airspace area to 10,000 feet MSL. The FAA does not support that 
view as discussed above. Additionally, the commenter expressed a 
concern with using geographical references because pilots not familiar 
with the area may have difficulty identifying them. He suggested using 
radials of the Troy Very High Frequency Omni-Range (VOR) to delineate 
the boundaries of the ``keyhole'' to the northeast of KSTL. The FAA 
disagrees with using the Troy VOR rather than geographical features to 
describe the boundaries of Class B airspace. The ad hoc committee 
specifically expressed their desire to use geographical landmarks 
wherever possible to facilitate a visual flight rules (VFR) pilot's 
ability to identify boundaries. Further, adoption of this suggestion 
would unnecessarily expand the amount of Class B airspace beyond what 
is actually needed to contain large, turbine-powered aircraft within 
the STL Class B airspace area.
    That commenter also suggested ``eliminating Area I or standardizing 
its floor with the adjacent Area G.'' The FAA finds that designating 
Area I is necessary to contain large, turbine-powered aircraft 
utilizing the TRAKE 8 Arrival to the new Runway 11. Further, the 
suggestion to lower the floor of this area to 4,500 feet MSL (to 
coincide with the floor of Area G) would result in airspace being added 
to Class B that is not necessary to contain large turbine-powered 
aircraft within the STL Class B airspace area.
    The third commenter suggested using a river to the north of KSTL as 
a boundary for the STL Class B surface area. This would provide a 
visual reference for VFR pilots. This suggestion had been considered 
but not adopted by the ad hoc committee. While the Missouri River will 
no longer define this boundary, pilots may use the Cardinal VOR/DME or 
visual references such as Highway 94 or Route H to identify the 
boundary. Further, the FAA believes that expanding the Class B surface 
area to the northwest and north of KSTL is necessary to contain large, 
turbine-powered aircraft departing Runway 29 that turn northbound.
    The third commenter also requested that the floor of the STL Class 
B airspace area remain at 2,000 feet MSL over the St. Charles Airport 
(3SQ) rather than lowering it to 1,700 feet MSL. The FAA believes that 
lowering the floor of Class B airspace over 3SQ is necessary to ensure 
that large, turbine-powered aircraft arriving Runway 11 or departing 
Runway 29 are contained within the STL Class B airspace area. Further, 
because the traffic pattern altitude at the 3SQ is 1,100 feet MSL, 
aircraft may continue their practice of flying over the traffic pattern 
at 1,600 feet MSL without entering the STL Class B airspace area. This 
practice will also provide sufficient vertical separation between 
aircraft flying over 3SQ and large, turbine-powered aircraft operating 
to and from Runway 11/29.
    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 7400.9N, Airspace Designations and Reporting Points, 
dated September 1, 2005, and effective September 15, 2005, which is 
incorporated by reference in 14 CFR section 71.1. The Class B airspace 
area listed in this document would be published subsequently in the 
order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR) 
part 71 by modifying the STL Class B airspace area. Specifically, this 
action (depicted on the attached chart) modifies Areas A, B, C, D, E, 
F, G, and H. It also re-designates a portion of the current Area

[[Page 7849]]

G as a new Area H and designates a new Area I. The FAA is taking this 
action to improve the management of aircraft operations in the STL 
terminal area and enhance safety by expanding the dimensions of the STL 
Class B airspace area to protect large, turbine-powered aircraft 
operations to and from the new Runway 11/29 at KSTL. Additionally, this 
action supports various efforts to enhance the efficiency and capacity 
of the National Airspace System

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 
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) 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.
    This final rule will modify the St. Louis, MO, Class B airspace. 
The final rule will reconfigure the sub-area boundaries, raise the 
altitude ceiling in certain segments of the airspace and lower the 
altitude floor in certain segments.
    The final rule will generate benefits for system users in the form 
of enhanced operational efficiency and simplified navigation in the St. 
Louis terminal area. These modifications will impose some costs (an 
additional 5 NM circumnavigation around the expanded controlled 
airspace) on operators of non-compliant aircraft. However, the cost of 
circumnavigation is considered to be small. Thus, the FAA has 
determined this final rule will be cost-beneficial.

Final Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (RFA) establishes ``as a 
principle of regulatory issuance that agencies shall endeavor, 
consistent with the objective of the rule and of applicable statutes, 
to fit regulatory and informational requirements to the scale of the 
business, organizations, and governmental jurisdictions subject to 
regulation.'' To achieve that principle, the RFA requires agencies to 
consider flexible regulatory proposals, to explain the rationale for 
their actions, and to solicit comments. The RFA 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 rulemaking action will have a 
significant economic impact on a substantial number of small entities. 
If the agency determines that it will, the agency must prepare a 
regulatory flexibility analysis as described in the Act.
    However, if an agency determines that a rulemaking action is not 
expected to have a significant economic impact on a substantial number 
of small entities, section 605(b) of the RFA provides that the head of 
the agency may so certify and a regulatory flexibility analysis is not 
required. The certification must include a statement providing the 
factual basis for this determination, and the reasoning should be 
clear.
    This final rule may impose some circumnavigation costs on 
individuals operating in the St. Louis terminal area; but the final 
rule will 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 St. Louis terminal area. Therefore, these 
small entities should not incur any additional costs as a result of the 
final rule. Accordingly, pursuant to the Regulatory Flexibility Act, 5 
U.S.C. 605(b), the Federal Aviation Administration certifies this final 
rule will not have a significant economic impact on a substantial 
number of small entities.

International Trade Impact Assessment

    The Trade Agreements 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 final rule and determined that it will impose 
the same costs on domestic and international entities and thus have a 
neutral trade impact.

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

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of 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 CLASS 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 FAA 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

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[[Page 7850]]

ACE MO B St. Louis, MO [Revised]

Lambert-St. Louis International Airport (Primary Airport)
    (Lat. 38[deg]44'52'' N., long. 90[deg]21'36'' W.)
Creve Coeur Airport
    (Lat. 38[deg]43'36'' N., long. 90[deg]30'30'' W.)
St. Charles Municipal Airport
    (Lat. 38[deg]50'55'' N., long. 90[deg]30'00'' W.)
Cardinal VOR/DME (CSX)
    (Lat. 38[deg]45'10'' N., long. 90[deg]21'39'' W.)
Foristell VORTAC
    (Lat. 38[deg]41'40'' N., long. 90[deg]58'17'' W.)
ILS Runway 30L Localizer
    (Lat. 38[deg]45'17'' N., long. 90[deg]22'52'' W.)

Boundaries

    Area A. That airspace extending from the surface to and 
including 8,000 feet MSL within a 6-mile DME radius of the Cardinal 
VOR/DME excluding that airspace within the 1.5NM radius of the Creve 
Coeur Airport.
    Area B. That airspace extending upward from 1,700 feet MSL to 
and including 8,000 feet MSL within a 10-mile DME radius of the 
Cardinal VOR/DME beginning at the intersection of the 6-mile DME arc 
and Page Avenue, then westward along Page Avenue to Missouri Route 
94, then westward along Missouri Route 94 to the intersection of 
Missouri Route 94 and the 10-mile DME arc, then clockwise along the 
10-mile DME arc to the intersection of the 10-mile DME arc and the 
power lines located 2NM north of the St. Charles Municipal Airport, 
then southeast along the power lines to the intersection of the 
power lines and the 6-mile DME arc, then counterclockwise along the 
6-mile DME arc to the intersection of the 6-mile DME arc and the 
1.5NM radius arc of the Creve Coeur Airport, then clockwise along 
the 1.5NM arc of the Creve Coeur Airport to the intersection of the 
1.5NM arc of the Creve Coeur Airport and the 6-mile DME arc, then 
counterclockwise along the 6-mile DME arc to the point of beginning.
    Area C. That airspace extending upward from 2,000 feet MSL to 
and including 8,000 feet MSL within a 10-mile DME radius of the 
Cardinal VOR/DME, excluding Areas A, B, and D.
    Area D. That airspace extending upward from 2,500 feet MSL to 
and including 8,000 feet MSL within a 10-mile DME radius of the 
Cardinal VOR/DME, bounded on the south by the 10-mile DME arc and on 
the north by Interstate 64.
    Area E. That airspace extending upward from 3,000 feet MSL to 
and including 8,000 feet MSL within a 15-mile DME radius of the 
Cardinal VOR/DME, excluding Areas A, B, C, and D.
    Area F. That airspace extending upward from 3,500 feet MSL to 
and including 8,000 feet MSL within a 20-mile DME radius of the 
Cardinal VOR/DME, northwest of the Cardinal VOR/DME, beginning at 
the intersection of Interstate 64 and the 20-mile DME radius, 
clockwise along the 20-mile DME arc to the intersection of the 20-
mile DME arc and the island in the Illinois River (lat. 39[deg]02' 
23'' N., long. 90[deg]34'40'' W.), then along a line direct to the 
15-mile DME arc centered on Grafton, Illinois (lat. 38[deg]59'12'' 
N., long. 90[deg]28'20'' W.), then counterclockwise along the 15-
mile DME arc to the intersection of the 15-mile DME arc and 
Interstate 64, then west along Interstate 64 to the point of 
beginning; and that airspace, southeast of the Cardinal VOR/DME, 
beginning at the intersection of the 20-mile DME arc of the Cardinal 
VOR/DME and Interstate 270, then clockwise along the 20-mile DME arc 
to the intersection of the 20-mile DME arc and Illinois Route 3, 
then northwest along Illinois Route 3 to the intersection of 
Illinois Route 3 and Interstate 255, then northwest along Interstate 
255 to the 15-mile DME arc, then counterclockwise along the 15-mile 
DME arc to the intersection of the 15-mile DME arc and Interstate 
270, then east along Interstate 270 to the point of beginning.
    Area G. That airspace extending upward from 4,500 feet MSL to 
and including 8,000 feet MSL within a 30-mile DME radius of the 
Cardinal VOR/DME, southeast of the Cardinal VOR/DME, beginning at 
the intersection of the 30-mile DME arc and Victor 4 Low Altitude 
Airway, then northwest along Victor 4 to the intersection of Victor 
4 and the 20-mile DME arc, then clockwise along the 20-mile DME arc 
to the intersection of the 20-mile DME arc and Illinois Route 3 
(Columbia, Illinois), then southeast along a line parallel to the 
runway 30L localizer course to intersect the 30-mile DME arc, then 
counterclockwise along the 30-mile DME arc to the point of 
beginning; and that airspace, northwest of the Cardinal VOR/DME, 
beginning at the Cardinal VOR/DME 320[deg] radial at 30 DME, then 
counterclockwise along the 30-mile DME arc to the Cardinal VOR/DME 
286[deg] radial at 30 DME, then along a line southeast direct to the 
Cardinal VOR/DME 277[deg] radial at 20 DME, then clockwise along the 
20-mile DME arc to the intersection of the 20-mile DME arc and the 
island in the middle of the Illinois River (lat. 39[deg]02'23'' N., 
long. 90[deg]34'40'' W.), then along a line northwest direct to the 
point of beginning.
    Area H. That airspace extending upward from 5,000 feet MSL to 
and including 8,000 feet MSL within a 20-mile DME radius of the 
Cardinal VOR/DME, excluding Areas A, B, C, D, E, and F.
    Area I. That airspace extending upward from 5,000 feet MSL to 
and including 8,000 feet MSL within a 30-mile DME radius of the 
Cardinal VOR/DME, beginning at the Cardinal VOR/DME 286[deg] radial 
at 30 DME, then counterclockwise along the 30-mile DME arc to the 
intersection of the 30-mile DME arc and the power line 2.5NM 
northwest of the Foristell VORTAC, then east along the power line to 
the intersection of the power line and the 20-mile DME arc, then 
clockwise along the 20-mile DME arc to the Cardinal VOR/DME 277[deg] 
radial at 20 DME, then along a line northwest direct to the point of 
beginning.
* * * * *

    Issued in Washington, DC, on February 7, 2006.
Edith V. Parish,
Manager, Airspace and Rules.
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