[Federal Register Volume 75, Number 220 (Tuesday, November 16, 2010)]
[Rules and Regulations]
[Pages 69864-69870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28399]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2010-0049; Airspace Docket No. 08-AWA-1]
RIN 2120-AA66


Modification of Class B Airspace; Charlotte, NC

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action modifies the Charlotte, NC, Class B airspace area 
to ensure the containment of aircraft, accommodate the implementation 
of area navigation (RNAV) departure procedures, and support operations 
of the third parallel runway at Charlotte/Douglas International 
Airport. The FAA is taking this action to improve the flow of air 
traffic, enhance safety, and reduce the potential for midair collision 
in the Charlotte, NC, terminal area.

DATES: Effective Date: 0901 UTC, January 13, 2011. The Director of the 
Federal Register approves this incorporation by reference action under 
3 CFR part 51, subject to the annual revision of FAA Order 7400.9 and 
publication of conforming amendments.

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

SUPPLEMENTARY INFORMATION:

Background

    On March 3, 2010, the FAA published in the Federal Register a 
notice of proposed rulemaking (NPRM) to modify the Charlotte, NC Class 
B airspace area (75 FR 9538). This action proposed to expand the 
lateral and vertical limits of the Charlotte Class B airspace area: To 
provide the additional airspace needed to support operations of a third 
parallel runway and the implementation of RNAV departure procedures; to 
contain ILS approach procedures for runways 23, 18L, 18C (formerly 18R 
but redesignated November 20, 2008) and the new runway (18R); and to 
contain aircraft being vectored to a base leg from the west when 
Charlotte/Douglas International Airport (CLT) is on a north operation.
    In addition, the FAA published in the Federal Register a correction 
to the notice to provide a graphic chart of the proposed area that was 
inadvertently omitted from notice (75 FR 13049; March 18, 2010). 
Interested parties were invited to participate in this rulemaking 
effort by submitting written comments on the proposal. Twelve written 
comments were received in response to the notice.

Discussion of Comments

    Two commenters expressed concerns about the availability of the 
published low altitude area navigation (RNAV) routes (i.e., T-routes) 
through the Charlotte terminal area. One commenter wrote that he 
regularly flies east/west across North Carolina but seldom is cleared 
for a T-route. Another commenter said that the FAA should re-evaluate 
and potentially amend the Charlotte T-routes if necessary to increase 
availability.
    There are currently four T-routes that traverse Charlotte's 
terminal airspace. T-200 and T-202 are east/west oriented routes; and 
T-201 and T-203 are north/south routes. The FAA acknowledges that 
availability of the east/west T-routes is limited. When the new runway 
36L/18R opened in November 2009 and in order to accommodate triple 
instrument operations, Charlotte airport traffic control tower (ATCT) 
restricted overflight traffic on V-66, T-200 and T-202 during certain 
times. This restriction is in place when Charlotte is on a north 
operation (i.e., aircraft landing and departing to the north). The FAA 
has reviewed the existing T-routes and found that it is difficult to 
utilize the east/west T-routes through the Charlotte terminal area more 
than the current practice. When Charlotte is on a north operation, 
final radar airspace begins at Charlotte airport and extends southward 
to the boundary with Columbia, SC, ATCT airspace. On a south operation, 
final radar airspace begins at the airport and extends northward to the 
boundary with Atlanta Air Route Traffic Control Center (ARTCC). Because 
traffic in the above mentioned areas is descending from the enroute 
structure all the way to the surface for landing, it is difficult to

[[Page 69865]]

provide additional T-routes through these areas. This is likely to 
continue because, since June 2009, there has been a five percent 
increase in traffic at the Charlotte airport, with traffic projected to 
continue to increase at a moderate rate. It should be noted that 
controllers do not normally ``offer'' T-routes to pilots when they are 
approaching Charlotte airspace. When these routes were first developed, 
it was the expectation that pilots would file the T-routes in their 
flight plan. When the T-route is not filed in the flight plan and a 
pilot subsequently requests clearance into a T-route, controllers must 
re-clear the aircraft off the filed route and onto the T-route and 
amend the pilot's route in the National Airspace System (NAS). This 
could lead to confusion as to where the route begins and ends, and 
where the route leaves or rejoins the previously filed route. It should 
also be noted that the two north/south oriented T-routes through 
Charlotte's airspace remain available with very few restrictions. Any 
limitations imposed on those routes would be based on real-time 
traffic. If pilots wish to file a T-route in the flight plan, Charlotte 
controllers will make every attempt to allow the pilot to remain on the 
route.
    Five persons wrote with concerns about expanding the part of the 
Class B airspace (with a 4,000 foot MSL floor) over Lancaster County-
McWhirter Field (LKR), located in Lancaster, South Carolina. They 
contend that the change would cause the loss of, or modification to, an 
approved Aerobatic Practice Area (APA) at LKR. The APA is used by many 
members of the International Aerobatic Club and a number of aerobatic 
teams train there. The APA currently extends from 500 feet above ground 
level (AGL) to 4,000 feet AGL, and operates in accordance with a waiver 
granted by the FAA. Commenters contend that the Class B airspace floor 
is set at 4,000 feet MSL in this area as proposed, the APA would extend 
nearly 500 feet into Class B airspace. They note that the APA ceiling 
could be lowered to 3,500 feet AGL, but this would allow only a 14 foot 
margin below the Class B for pilots to avoid an airspace violation. 
Commenters suggested that the Class B floor over LKR be raised to at 
least 5,000 feet MSL to allow them to fly safely while practicing 
competitive aerobatics.
    The FAA recognizes that establishing a 4,000 foot MSL Class B 
airspace floor would place the ceiling of LKR's APA within Class B 
airspace. However, FAA's facility operation directive (FAA Order 
7210.3, Facility Operation and Administration) specifically addresses 
aerobatic practice areas and provides a means for air traffic managers 
to accommodate aerobatic practice activity within Class B airspace. 
Based on the guidelines stated in the directive, the FAA believes it 
can work out a satisfactory arrangement with the aerobatic operators at 
LKR.
    Also, one of the commenters questioned the need for Charlotte 
arrivals from the southeast and the west to be at 3,500 feet AGL when 
30 nautical miles (NM) from the Charlotte airport. The FAA has 
carefully considered the Class B airspace configuration in this area. 
The proposal to extend Class B airspace over LKR with a floor of 4,000 
feet MSL was based on procedures required for managing arrivals and 
departures using runway 36R. Runway 36R is used for all east and 
southbound departures. In addition, runway 36R is used for both 
departure and arrival traffic to avoid extensive taxi and runway 
crossing requirements. General aviation, corporate and military traffic 
departing from and arriving to, the fixed base operator and Air 
National Guard areas on the airport are often assigned runway 36R. 
Assigning this traffic to runway 36R enhances efficiency because that 
runway is closest to those ramps and parking areas. This practice keeps 
runway crossings to a minimum, which reduces the potential for runway 
incursions and greatly enhances the safety of aircraft movement on the 
airport surface areas. Arrivals to runway 36R often require at least 
four nautical miles (NM) in-trail spacing. This is necessary to provide 
space for runway 36R departures to depart safely between arrivals. In-
trail spacing of greater than four NM is required for wake turbulence 
considerations when the preceding aircraft is a heavy jet or if the 
weight class difference between the leading and trailing aircraft meet 
certain criteria. Both the in-trail spacing required for departures and 
the in-trail spacing required for wake turbulence contribute to the 
lengthening of the final approach course. Therefore, it is not uncommon 
for the final approach course to extend to a point adjacent to LKR.
    Additionally, the initial approach altitude for traffic conducting 
the ILS runway 36R approach is 4,000 feet MSL. During triple 
simultaneous ILS operations (runways 36R, 36C and 36L) the following 
altitude assignments are used: Runway 36R--4,000 feet MSL; runway 36C--
8,000 feet MSL; and runway 36L--5,000 or 6,000 feet MSL. FAA separation 
standards for triple ILS approaches require that arriving aircraft be 
vertically separated by a minimum of 1,000 feet until they are 
established inbound on the ILS final approach course (localizer). Based 
on the above, the FAA concluded that the 4,000 foot MSL floor is needed 
to provide adequate Class B airspace for these aircraft operations.
    Two commenters wrote that the expansion of Class B airspace by 
adding Area J would significantly impact general aviation and sky 
diving operations at Chester Catawba Regional Airport (DCM), in 
Chester, SC. The new Area J lies to the south of the Charlotte airport 
between the 25 NM and 30 NM arcs of the Charlotte VOR/DME. It extends 
from 4,000 feet MSL up to 10,000 feet MSL. While DCM currently lies 
outside the Charlotte Class B airspace area, the new Area J would 
overlie the airport.
    The FAA does not agree that the new Area J would cause significant 
impact on DCM operations. The instrument procedures serving the airport 
are still available and airport VFR traffic patterns are not affected 
by the expanded Class B airspace. The sky dive operations will continue 
to be accommodated at DCM. Charlotte ATCT is working with the operators 
of SkyDive Carolina to develop a mutually satisfactory Letter of 
Agreement (LOA) governing those operations. The LOA will standardize 
the handling of jump aircraft at DCM and provide a workable solution 
that will mitigate the concerns of both parties.
    One commenter questioned the validity of the reason stated in the 
notice for lowering Class B airspace to 4,000 feet MSL in that area. 
The NPRM stated that when Charlotte is on a north operation, a 
significant number of aircraft inbound from the southwest on either the 
UNARM ONE or ADENA TWO standard terminal arrival routes (STAR) exit and 
reenter Class B airspace between the current 6,000 foot MSL Class B 
airspace floor and the 4,600 foot MSL floor to the south-southwest of 
Charlotte. The commenter questioned this reasoning because the two 
STARs never get closer than nine NM to DCM. The commenter suggested 
that a two NM cutout of Class B airspace centered on DCM would permit 
unhampered operations at DCM while containing aircraft inbound to CLT 
within Class B airspace.
    The FAA does not agree with the suggestion for a two NM Class B 
airspace cutout around DCM. If the airspace over DCM is not contained 
within Class B airspace, it would be necessary for controllers to 
direct aircraft to the north or south of DCM. This would greatly 
increase controller workload and frequency congestion while decreasing 
efficiency. The FAA finds that any Class B airspace cutout of usable 
size or shape would require

[[Page 69866]]

extensive vectoring of aircraft to remain in Class B airspace.
    In response to the above mentioned comment that the UNARM and ADENA 
STARs never get closer than nine NM to DCM, it is true when Charlotte 
is on a south operation using runways 18R, 18C, 18L and 23 for landing. 
However, when Charlotte is on a north operation, traffic is vectored 
off the UNARM and ADENA STARs almost immediately upon entering 
Charlotte ATCT's area of jurisdiction. This traffic is then assigned an 
easterly heading for vectors to the runway 36L, 36C or 36R final 
approach course. A review of radar-derived plots of actual flight 
patterns used on a north operation clearly show that DCM is overflown 
by aircraft assigned these base leg vectors.
    Two commenters asked the FAA to consider lowering the current 
10,000 foot MSL ceiling of the Charlotte Class B airspace area to 7,000 
feet MSL. One commenter stated that there is no requirement for Class B 
airspace to extend to 10,000 feet MSL and cited other Class B locations 
(New York, Philadelphia and Boston) that currently have a 7,000 foot 
ceiling. The commenter believes that reducing the Charlotte Class B 
airspace ceiling would allow nonparticipating aircraft to transition 
the area with greater ease, reducing pilot and controller workloads.
    The FAA does not agree with the commenters requests. Class B design 
guidelines state that the upper limit of Class B airspace normally 
should not exceed 10,000 feet MSL. However, Class B airspace dimensions 
are individually tailored to site-specific requirements. To illustrate 
this, there are 30 Class B airspace areas (covering 37 primary 
airports). Of these areas, 13 have Class B ceilings at 10,000 feet MSL; 
5 areas have 7,000 foot ceilings; 6 areas at 8,000 feet; 3 areas at 
9,000 feet; and 3 areas have ceilings above 10,000 feet MSL. In the 
case of the Charlotte Class B airspace area, the FAA determined that 
lowering the Class B ceiling from 10,000 feet to 7,000 feet MSL would 
not provide adequate Class B airspace for aircraft operating into and 
out of the Charlotte airport. Specifically, Charlotte procedures and 
letters of agreement with adjacent ARTCCs require arriving turbojet and 
high performance turboprop aircraft enter Charlotte ATCT's area of 
jurisdiction at altitudes between 10,000 feet and 13,000 feet MSL. Once 
inside Charlotte ATCT's area of jurisdiction, this arrival traffic is 
assigned an altitude of 9,000 feet until abeam the Charlotte airport 
(for downwind traffic). Turbojet departures are assigned an initial 
altitude of 8,000 feet. Frequently, the arrivals at 9,000 feet and the 
departures at 8,000 feet ``cross out'' within 20 NM of the Charlotte 
airport. By lowering the Class B ceiling to 7,000 feet as suggested, 
uncontrolled VFR aircraft, not in communication with ATC, would be 
added to this mix of cross-out traffic. This situation would not 
provide adequate protection to the arrivals, departures and VFR 
aircraft operating in a congested airspace area as they transition to 
and from the enroute structure.
    One commenter wrote about problems encountered when departing IFR 
northeastbound from the Lake Norman Airpark (14A), Mooresville, NC, to 
Greensboro, NC. The commenter, who flies a high-performance, single-
engine turboprop aircraft, said he was directed to fly at 3,000 feet 
southeastbound for 325 miles in order to go northeast bound to 
Greensboro, NC. In addition, when flying northbound from Columbia, SC, 
to 14A, the commenter stated he is required to fly the arrival from 
Florence, SC to 14A, which is a considerable deviation. The commenter 
also requested that the FAA establish IFR routes to the north through 
Charlotte airspace.
    The FAA is not aware of any aircraft that are vectored 325 miles 
off course. In fact, the longest radius the Charlotte ATCT facility 
controls from Charlotte Airport is less than 60 miles. Traffic 
departing Lake Norman Airpark with a destination of Greensboro Airport 
(GSO) should be able to proceed initially at an altitude of 3,000 feet, 
and then receive a climb clearance to a higher altitude within 15-20 
miles (in a worst-case scenario). This would normally only occur if 
Charlotte were using a triple parallel simultaneous ILS approach, south 
operation, which occurs very infrequently (less than 5% of operations). 
If Charlotte were on a south converging operation (approximately 55% of 
the time) the aircraft in question should be able to climb to at least 
5,000 feet within 10 miles of the Lake Norman Airpark, and then 
continue to climb to the pilot's requested altitude. If Charlotte is on 
a north operation (approximately 40% of operations) this aircraft 
should normally be assigned its final requested altitude within 10 
miles of the Lake Norman Airpark. As is the case with most high density 
terminal areas, all high performance turbine-powered aircraft are 
assigned specific STARs. In the case of Charlotte, these STARs are 
arranged in a four-corner ``bedpost'' configuration. Therefore, high 
performance traffic from the Columbia, SC, Airport would be routed by 
the surrounding ARTCCs via either the UNARM or Chesterfield (or 
equivalent RNAV) STARs. If the traffic is not high performance (turbine 
powered) it could proceed virtually direct at an altitude of at or 
below 7,000 feet. Depending on traffic volume, low-performance aircraft 
could expect to be vectored 15 to 20 miles east or west of Charlotte 
airport to avoid congestion during busy periods.
    Regarding the request to establish IFR routes north through 
Charlotte airspace, there are two north-south RNAV T-routes (T-201 and 
T-203) through the Charlotte Class B airspace area. RNAV route T-203 
extends between Columbia, SC (CAE) and Pulaski, VA (PSK) transiting 
through the west side of the Charlotte Class B airspace area. In 
addition, VOR Federal airway V-37 is a north-south route through the 
Class B airspace area.
    Three commenters from the Lancaster County, SC, area were concerned 
with noise and environmental issues. They argue that there would be an 
increase in noise from extending the Charlotte Class B airspace area 
that would affect lifestyle, wildlife and property values in the area. 
They questioned the need for aircraft to fly so low over Lancaster, SC, 
which is 40 miles from Charlotte Airport. They suggested that aircraft 
fly no lower than 5,000 feet over the area.
    The purpose of Class B airspace is to reduce the potential for 
midair collisions in the airspace surrounding airports with high 
density air traffic operations. All aircraft operating in Class B 
airspace are subject to certain operating rules and equipment 
requirements. Class B airspace ensures that all aircraft flying in 
close proximity to high-performance, turbine-powered aircraft are under 
the guidance and control of an Air Traffic Control (ATC) facility. 
Aircraft flight paths are dictated by many factors including, but not 
limited to: the direction of operation at the Charlotte Airport; 
weather conditions, which determine the type of approaches being 
conducted; and traffic volume, which determines how long the final 
approach course is, as well as the base leg and downwind flight paths 
of aircraft. At Charlotte Airport, traffic volume varies with the time 
of day and, to some extent, the day of the week.
    As discussed above in response to a previous comment, ATC 
procedures require that aircraft must be assigned non-conflicting 
altitudes. During triple parallel ILS operations, ATC assigns altitudes 
that are at least 1,000 feet apart to ensure separation between 
aircraft being vectored ``head-on'' to adjacent final approach courses. 
This is why aircraft using runways 36R and 36L are assigned 4,000 feet 
and 5,000 feet respectively. The use of the 4,000-foot altitude over 
the Lancaster area has been

[[Page 69867]]

in place for several years (It should be noted that the previous 
required altitude was 3,600 feet).
    Because of the extensive use of runway 36R for departures, arriving 
aircraft must be spaced further apart to provide room for aircraft 
awaiting take off to be sequenced between aircraft that are landing. 
This means that, during heavy departure periods, the final approach 
course for traffic landing on runway 36R often extends 25 to 30 miles 
from the airport. This places much of this traffic over the Lancaster, 
SC, area at an assigned altitude of 4,000 feet. The expansion of the 
Charlotte Class B airspace area will provide Class B protection for 
these aircraft operating at 4,000 feet.
    If 5,000 feet is used as the floor of Class B airspace in the 
vicinity of Lancaster, SC, it will require traffic assigned to runway 
36L to operate no lower than 6,000 feet in order to meet the 1,000 foot 
vertical separation requirement. If traffic using runway 36L joins the 
final approach course at 6,000 feet instead of 5,000 feet, it would 
drive the final approach course out further from the airport. This 
could hamper the controller's flexibility in providing an orderly and 
expeditious flow of traffic because less room would be available for 
vectoring, sequencing and spacing traffic.

The Rule

    The FAA is amending Title 14, Code of Federal Regulations (14 CFR) 
part 71 to modify the Charlotte, NC, Class B airspace area. This action 
(depicted on the attached chart) expands the lateral and vertical 
limits of the Charlotte Class B airspace area to provide the additional 
airspace needed to: ensure the containment aircraft within Class B 
airspace as required by FAA directives; support the operations of a 
third parallel runway (18R/36L); and, accommodate RNAV departure 
procedures. The modifications to the Charlotte Class B airspace area 
are summarized below:
    Area A that extends from the surface to and including 10,000 feet 
MSL is unchanged by this rule.
    Area B that extends from 1,800 feet MSL up to 10,000 feet MSL is 
modified by expanding a part of Area B north of the Charlotte Airport 
from the current 11 NM arc of the Charlotte VOR/DME (CLT) outward to 
the 14 NM arc. This expansion of Area B is made only from the point of 
intersection of the CLT 14 NM arc and Highway 321, then clockwise along 
the 14 NM arc to the CLT 024[deg]T radial. At that point, Area B 
reverts to the existing 11 NM arc. The purpose of this change is to 
ensure that arrivals to runways 18R, 18C and 18L are contained within 
Class B airspace throughout the approach. In addition, the cutout 
around the Gastonia Municipal Airport (AKH) is widened to facilitate 
better access to and from the airport.
    Area C is that airspace extending upward from 3,600 feet MSL to and 
including 10,000 feet MSL that lies to the north of Area B. 
Additionally, the northeast edge of Area C is moved from the current 
CLT 20 NM arc outward to the 23 NM arc. This change extends the 3,600 
foot Class B airspace floor by 3 NM to the northeast to accommodate 
vectoring patterns and the descent profile of aircraft conducting the 
ILS RWY 23 approach.
    Area D is redescribed as a small area located east of the Charlotte 
Airport, (south of Area C and east of Area B) that extends from 5,000 
feet MSL up to 10,000 feet MSL. The modified Area D lowers Class B 
airspace from 6,000 feet MSL to 5,000 feet MSL in order to contain 
aircraft flying easterly RNAV departure procedures within Class B 
airspace during climbout.
    Area E is redescribed as that airspace from 3,600 feet MSL up to 
10,000 feet MSL, located to the south of Area B. The modified Area E 
extends the 3,600 foot Class B airspace floor southward to the CLT 25 
NM arc. This will provide adequate vectoring airspace and ensure that 
aircraft will be retained within Class B airspace.
    Area F is redescribed as that airspace extending from 4,000 feet 
MSL to 10,000 feet MSL. The modified Area F is located southwest of AKH 
within an area bounded by Highway 321, the CLT 20 NM arc and power 
lines that extend in a southwesterly direction west of AKH. This area 
provides an adequate vector area for runway 5 arrivals.
    Area G is a new area extending from 5,000 feet MSL up to 10,000 
feet MSL located generally northwest of AKH. Area G consists of that 
airspace within an area bounded by the power lines, the CLT 20 NM arc, 
and Highway 321. Along with Area F, Area G provides airspace to prevent 
aircraft departing on westerly tracks from exiting and reentering Class 
B airspace during climbout.
    Area H is a new area extending from 4,000 feet MSL up to 10,000 
feet MSL in the northernmost section of the Charlotte Class B airspace 
area. This area extends the 4,000 foot floor of Class B airspace out to 
the CLT 30 NM arc, north of the airport. This extension is needed to 
provide adequate airspace needed for separation and vectoring arrivals 
to the appropriate final approach course; to comply with simultaneous 
triple ILS procedures; and, to ensure aircraft remain within Class B 
airspace.
    Area I is a new segment defining the easternmost section of the 
Class B airspace area. Area I extends from 6,000 feet MSL up to 10,000 
feet MSL. This segment lowers the floor of Class B airspace from 8,000 
feet MSL to 6,000 feet MSL within that area from Highway 601 eastward 
to the CLT 25 NM. The rest of Area I retains the current 6,000 foot MSL 
floor. These changes ensure arrivals and departures do not exit and 
reenter Class B airspace.
    Area J is a new area directly south of Area E. Area J extends Class 
B airspace, with a 4,000 foot MSL floor, southward between the CLT 25 
NM arc and the CLT 30 NM arc. This expands the 4,000 foot floor of 
Class B airspace out to the CLT 30 NM arc, south of the airport. This 
extension is needed to provide adequate airspace needed for separation 
and vectoring arrivals to the appropriate final approach course; to 
comply with simultaneous triple ILS procedures; and, to ensure that 
aircraft remain within Class B airspace.
    Area K is a new segment defining the westernmost section of the 
Class B airspace area. Area K extends from 6,000 feet MSL up to 10,000 
feet MSL. This segment lowers the floor of Class B airspace from 8,000 
feet MSL to 6,000 feet MSL within the area between the CLT 20 NM arc 
and the CLT 25 NM arc (west of the Charlotte Airport). Area K also 
extends Class B airspace southward to abut Area J. The rest of the 
airspace in Area K retains the current 6,000 foot MSL floor.
    Finally, the Charlotte/Douglas International Airport reference 
point coordinates in the Class B airspace legal description are changed 
from lat. 35[deg]12'52'' N., long. 80[deg]56'36'' W., to 35[deg]12'49'' 
N., long. 80[deg]56'57'' W., to reflect the latest National Airspace 
System data.
    The above changes to the Charlotte Class B airspace area are needed 
to ensure the containment of IFR aircraft within Class B airspace as 
required by FAA directives; accommodate the implementation of RNAV 
departure procedures; and support operations of a third parallel 
runway.
    All radials listed in the Charlotte Class B airspace description in 
this rule are stated in degrees relative to True North.
    Class B airspace areas are published in paragraph 3000 of FAA Order 
JO 7400.9U, dated August 18, 2010 and effective September 15, 2010 
which is incorporated by reference in 14 CFR 71.1. The Class B airspace 
area in this document will be published subsequently in the Order.

[[Page 69868]]

Environmental Review

    The FAA has determined that this action qualifies for categorical 
exclusion under the National Environmental Policy Act in accordance 
with FAA Order 1050.1E, ``Environmental Impacts: Policies and 
Procedures,'' paragraph 311a. This airspace action is not expected to 
cause any potentially significant environmental impacts, and no 
extraordinary circumstances exist that warrant preparation of an 
environmental assessment.

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. We have determined that there 
is no new information collection requirement associated with this final 
rule.

Regulatory Evaluation Summary

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Order 12866 directs that each Federal agency 
shall propose or adopt a regulation only upon a reasoned determination 
that the benefits of the intended regulation justify its costs. Second, 
the Regulatory Flexibility Act of 1980 (Pub. L. 96-354) requires 
agencies to analyze the economic impact of regulatory changes on small 
entities. Third, the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires agencies to prepare a written assessment of the costs, 
benefits, and other effects of proposed or final rules that include a 
Federal mandate likely to result in the expenditure by State, local, or 
tribal governments, in the aggregate, or by the private sector, of $100 
million or more annually (adjusted for inflation with base year of 
1995). This portion of the preamble summarizes the FAA's analysis of 
the economic impacts of this final rule. Department of Transportation 
Order DOT 2100.5 prescribes policies and procedures for simplification, 
analysis, and review of regulations. If the expected cost impact is so 
minimal that a proposed or final rule does not warrant a full 
evaluation, this order permits that a statement to that effect and the 
basis for it be included in the preamble if a full regulatory 
evaluation of the cost and benefits is not prepared. Such a 
determination has been made for this final rule. The reasoning for this 
determination follows:
    This final rule enhances safety by improving the flow of air 
traffic thereby reducing the potential for midair collision in the 
Charlotte, NC, terminal area. After consultation with a diverse cross-
section of stakeholders that participated in the ad hoc committee, we 
found in the NPRM that the proposed rule might result in minimal cost. 
As we received no adverse comments regarding the initial economic 
analysis, we have determined that this final rule will result in 
minimal cost.
    This final rule will enhance safety, reduce the potential for a 
midair collision and will improve the flow of air traffic. As such, we 
estimate a minimal impact with substantial positive net benefits. FAA 
has, therefore, determined that this final rule is not a ``significant 
regulatory action'' as defined in section 3(f) of Executive Order 
12866, and is not ``significant'' as defined in DOT's Regulatory 
Policies and Procedures.

Final Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA) 
establishes ``as a principle of regulatory issuance that agencies shall 
endeavor, consistent with the objectives of the rule and of applicable 
statutes, to fit regulatory and informational requirements to the scale 
of the businesses, organizations, and governmental jurisdictions 
subject to regulation. To achieve this principle, agencies are required 
to solicit and consider flexible regulatory proposals and to explain 
the rationale for their actions to assure that such proposals are given 
serious consideration.'' 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 rule 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 RFA.
    However, if an agency determines that a rule 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.
    Our initial determination was that the rule would not have a 
significant economic impact on a substantial number of small entities. 
We received no public comments regarding our initial determination. As 
such, this final rule will not have a significant economic impact on a 
substantial number of small entities because the economic impact is 
expected to be minimal.
    Therefore the FAA Administrator certifies that this final rule will 
not have a significant economic impact on a substantial number of small 
entities.

Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) 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 
(in 1995 dollars) 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 $143.1 million in lieu of $100 
million. The FAA has assessed the effect of this final rule and 
determined that it will enhance safety and is not considered an 
unnecessary obstacle to trade.

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 
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

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 7400.9U, Airspace Designations and 
Reporting Points, dated August 18, 2010, and effective September 15, 
2010, is amended as follows:

Paragraph 3000 Subpart B--Class B Airspace.

* * * * *

ASO NC B Charlotte, NC [Revised]

Charlotte/Douglas International Airport (Primary Airport)
    (Lat. 35[deg]12'49'' N., long. 80[deg]56'57'' W.)
Charlotte VOR/DME
    (Lat. 35[deg]11'25'' N., long. 80[deg]57'06'' W.)
Gastonia Municipal Airport
    (Lat. 35[deg]12'10'' N., long. 81[deg]09'00'' W.)

[[Page 69869]]

Boundaries

    Area A. That airspace extending upward from the surface to and 
including 10,000 feet MSL within a 7-mile radius of the Charlotte 
VOR/DME.
    Area B. That airspace extending upward from 1,800 feet MSL to 
and including 10,000 feet MSL bounded by a line beginning at the 
Charlotte VOR/DME 024[deg] radial 14-mile fix; thence direct to the 
Charlotte VOR/DME 032[deg] radial 11-mile fix, thence clockwise via 
the 11-mile arc of the Charlotte VOR/DME to lat. 35[deg]09'37'' N., 
long. 81[deg]10'21'' W.; thence east to lat. 35[deg]10'17'' N., 
long. 81[deg]08'10'' W.; thence counterclockwise around a 2-mile 
radius of the Gastonia Municipal Airport to lat. 35[deg]14'02'' N., 
long. 81[deg]08'10'' W.; thence west to intersect U.S. Highway 321 
at lat. 35[deg]15'00'' N., long. 81[deg]11'21'' W.; thence north 
along U.S. Highway 321 to the 14-mile arc of the Charlotte VOR/DME 
at lat. 35[deg]19'20'' N., long. 81[deg]11'13'' W.; thence clockwise 
via the 14-mile arc to the point of beginning, excluding that 
airspace within Area A described above.
    Area C. That airspace extending upward from 3,600 feet MSL to 
and including 10,000 feet MSL bounded by a line beginning at the 
intersection of U.S. Highway 321 and the Charlotte VOR/DME 20-mile 
arc at lat. 35[deg]26'49'' N., long. 81[deg]12'44'' W.; thence 
clockwise along the 20-mile arc to intersect the Marshall Steam 
Plant Rail Spur at lat. 35[deg]31'14'' N., long. 81[deg]00'42'' W.; 
thence north along the Rail Spur to the Charlotte VOR/DME 25-mile 
arc at lat. 35[deg]36'25'' N., long. 80[deg]58'57'' W.; thence 
clockwise along the 25-mile arc to long. 80[deg]46'00'' W.; thence 
south along long. 80[deg]46'00'' W., to the Charlotte VOR/DME 23-
mile arc; thence clockwise along the 23-mile arc to the Charlotte 
VOR/DME 067[deg] radial; thence southwest along the 067[deg] radial 
to the Charlotte VOR/DME 20-mile arc; thence clockwise along the 20-
mile arc to the Charlotte VOR/DME 081[deg] radial; thence west along 
the 081[deg] radial to the Charlotte VOR/DME 11-mile arc; thence 
counterclockwise along the 11-mile arc to the Charlotte VOR/DME 
032[deg] radial, 11-mile fix; thence direct to the Charlotte VOR/DME 
024[deg] radial, 14-mile fix; thence counterclockwise along the 14-
mile arc of the Charlotte VOR/DME to intersect U.S. Highway 321 at 
lat. 35[deg]19'20'' N., long. 81[deg]11'13'' W., thence north along 
U.S. Highway 321 to the point of beginning.
    Area D. That airspace extending upward from 5,000 feet MSL to 
and including 10,000 feet MSL bounded by a line beginning at the 
Charlotte VOR/DME 081[deg] radial 11-mile fix; thence east along the 
081[deg] radial to the 20-mile fix; thence clockwise along the 20-
mile arc of the Charlotte VOR/DME to lat. 34[deg]56'07'' N., long. 
80[deg]41'23'' W.; thence north to the point of beginning.
    Area E. That airspace extending upward from 3,600 feet MSL to 
and including 10,000 feet MSL bounded by a line beginning at lat. 
35[deg]15'00'' N., long. 81[deg]11'21'' W., thence east to lat. 
35[deg]14'02'' N., long. 81[deg]08'10'' W.; thence clockwise along a 
2-mile radius of the Gastonia Municipal Airport to lat. 
35[deg]10'17'' N., long. 81[deg]08'10'' W.; thence west to intersect 
the Charlotte VOR/DME 11-mile arc at lat. 35[deg]09'37'' N., long. 
81[deg]10'21'' W.; thence counterclockwise along the 11-mile arc to 
the Charlotte VOR/DME 081[deg] radial 11-mile fix; thence south 
direct to the Charlotte VOR/DME 147[deg] radial 25-mile fix; thence 
clockwise along the 25-mile arc of the Charlotte VOR/DME to lat. 
34[deg]49'37'' N., long. 81[deg]12'05'' W.; thence north to the 
Charlotte VOR/DME 218[deg] radial 20-mile fix, thence clockwise 
along the 20-mile arc of the Charlotte VOR/DME, to intersect U.S. 
Highway 321 at lat. 34[deg]57'21'' N., long. 81[deg]14'28'' W.; 
thence north along U.S. Highway 321 to the point of beginning.
    Area F. That airspace extending upward from 4,000 feet MSL to 
and including 10,000 feet MSL bounded by a line beginning at the 
intersection of the power lines and the Charlotte VOR/DME 20-mile 
arc at lat. 35[deg]08'08'' N., long. 81[deg]21'10'' W.; thence east 
along the power lines to intersect U.S. Highway 321 at lat. 
35[deg]11'52'' N., long. 81[deg]12'41'' W.; thence south along U.S. 
Highway 321 to intersect the Charlotte VOR/DME 20-mile arc at lat. 
34[deg]57'21'' N., long. 81[deg]14'28'' W; thence clockwise along 
the 20-mile arc to the point of beginning.
    Area G. That airspace extending upward from 5,000 feet MSL to 
and including 10,000 feet MSL bounded by a line beginning at the 
intersection of the power lines and the Charlotte VOR/DME 20-mile 
arc at lat. 35[deg]08'08'' N., long. 81[deg]21'10'' W.; thence 
clockwise along the 20-mile arc to intersect U.S. Highway 321 at 
lat. 35[deg]26'49'' N., long. 81[deg]12'44'' W.; thence south along 
U.S. Highway 321 to intersect the power lines at lat. 35[deg]11'52'' 
N., long. 81[deg]12'41'' W.; thence west along the power lines to 
the point of beginning.
    Area H. That airspace extending upward from 4,000 feet MSL to 
and including 10,000 feet MSL bounded by a line beginning at lat. 
35[deg]37'15'' N., long. 81[deg]10'32'' W.; thence direct to 
intersect the Charlotte VOR/DME 30-mile arc at lat. 35[deg]41'30'' 
N., long. 80[deg]57'40'' W.; thence clockwise along the 30-mile arc 
to long. 80[deg]46'00'' W.; thence south along long. 80[deg]46'00'' 
W., to intersect the Charlotte VOR/DME 25-mile arc; thence 
counterclockwise along the 25-mile arc to intersect the Marshall 
Steam Plant Rail Spur at lat. 35[deg]36'25'' N., long. 
80[deg]58'57'' W.; thence south along the Rail Spur to intersect the 
Charlotte VOR/DME 20-mile arc at lat. 35[deg]31'14'' N., long. 
81[deg]00'42'' W.; thence counterclockwise along the 20-mile arc to 
intersect U.S. Highway 321 at lat. 35[deg]26'49'' N., long. 
81[deg]12'44'' W.; thence north along U.S. Highway 321 to intersect 
the Charlotte VOR/DME 25-mile arc at lat. 35[deg]32'26'' N., long. 
81[deg]13'44'' W.; thence clockwise along the 25-mile arc to 
intersect the Charlotte VOR/DME 337[deg] radial; thence northwest 
along the 337[deg] radial to the point of beginning.
    Area I. That airspace extending upward from 6,000 feet MSL to 
and including 10,000 feet MSL bounded by a line beginning at the 
Charlotte VOR/DME 062[deg] radial, 30-mile fix, thence southwest 
along the 062[deg] radial to the 25-mile fix; thence clockwise along 
the Charlotte VOR/DME 25-mile arc to the Charlotte VOR/DME 120[deg] 
radial; thence southeast along the 120[deg] radial to the 30-mile 
fix; thence clockwise along the Charlotte VOR/DME 30-mile arc to 
lat. 34[deg]44'58'' N., long. 80[deg]39'47'' W.; thence north direct 
to intersect the Charlotte VOR/DME 20-mile arc at lat. 
34[deg]56'07'' N., long. 80[deg]41'23'' W.; thence counterclockwise 
along the 20-mile arc to the Charlotte VOR/DME 067[deg] radial; 
thence northeast along the 067[deg] radial to the 23-mile arc; 
thence counterclockwise along the 23-mile arc to long. 
80[deg]46'00'' W.; thence north along long. 80[deg]46'00'' W., to 
the Charlotte VOR/DME 30-mile arc; thence clockwise along the 30-
mile arc to the point of beginning.
    Area J. That airspace extending upward from 4,000 feet MSL to 
and including 10,000 feet MSL bounded by a line beginning at the 
Charlotte VOR/DME 147[deg] radial 25-mile fix; thence direct to 
intersect the Charlotte VOR/DME 30-mile arc at lat. 34[deg]44'58'' 
N., long. 80[deg]39'47'' W.; thence clockwise along the Charlotte 
VOR/DME 30-mile arc to lat. 34[deg]44'01'' N., long. 81[deg]12'05'' 
W.; thence north to intersect the Charlotte VOR/DME 25-mile arc at 
lat. 34[deg]49'37'' N., long. 81[deg]12'05'' W.; thence 
counterclockwise along the Charlotte VOR/DME 25-mile arc to the 
point of beginning.
    Area K. That airspace extending upward from 6,000 feet MSL to 
and including 10,000 feet MSL bounded by a line beginning at the 
Charlotte VOR/DME 293[deg] radial, 30-mile fix; thence clockwise 
along the Charlotte VOR/DME 30-mile arc to lat. 35[deg]41'30'' N., 
long. 80[deg]57'40'' W.; thence southwest direct to intersect the 
Charlotte VOR/DME 337[deg] at lat. 35[deg]37'15'' N., long. 
81[deg]10'32'' W.; thence southeast along the 337[deg] radial to the 
Charlotte VOR/DME 25-mile arc; thence counterclockwise along the 25-
mile arc to intersect U.S. Highway 321 at lat. 35[deg]32'26'' N., 
long. 81[deg]13'44'' W., thence south along new Highway 321 to 
intersect the Charlotte VOR/DME 20-mile arc at lat. 35[deg]26'49'' 
N., long. 81[deg]12'44'' W.; thence counterclockwise along the 20-
mile arc to the Charlotte VOR/DME 218[deg] radial; thence south to 
intersect the Charlotte VOR/DME 30-mile arc at lat. 34[deg]44'01'' 
N., long. 81[deg]12'05'' W.; thence clockwise along the 30-mile arc 
to the Charlotte VOR/DME 242[deg] radial, thence northeast along the 
242[deg] radial to the Charlotte VOR/DME 25-mile arc; thence 
clockwise along the 25-mile arc to the Charlotte VOR/DME 293[deg] 
radial; thence northwest along the 293[deg] radial to the point of 
beginning.
* * * * *

    Issued in Washington, DC, on November 3, 2010.
Edith V. Parish,
Manager, Airspace, Regulations and ATC Procedures Group.
BILLING CODE 4910-13-P

[[Page 69870]]

[GRAPHIC] [TIFF OMITTED] TR16NO10.000

[FR Doc. 2010-28399 Filed 11-15-10; 8:45 am]
BILLING CODE 4910-13-C