[Federal Register Volume 77, Number 147 (Tuesday, July 31, 2012)]
[Proposed Rules]
[Pages 45290-45297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-18644]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2012-0662; Airspace Docket No. 08-AWA-2]
RIN 2120-AA66


Proposed Modification of Class B Airspace Area; Philadelphia, PA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: This action proposes to modify the Philadelphia, PA, Class B 
airspace area to ensure the containment of large turbine-powered 
aircraft within Class B airspace, reduce controller workload, and 
reduce the potential for midair collision in the Philadelphia terminal 
area.

DATES: Comments must be received on or before October 1, 2012.

ADDRESSES: Send comments on this proposal to the U.S. Department of 
Transportation, Docket Operations, M-30, 1200 New Jersey Avenue SE., 
West Building Ground Floor, Room W12-140, Washington, DC 20590-0001; 
telephone: (202) 366-9826. You must identify FAA Docket No. FAA-2012-
0662 and Airspace Docket No. 08-AWA-2, at the beginning of your 
comments. You may also submit comments through the Internet at http://www.regulations.gov.

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

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed 
rulemaking by submitting such written data, views, or arguments as they 
may desire. Comments that provide the factual basis supporting the 
views and suggestions presented are particularly helpful in developing 
reasoned regulatory decisions on the proposal. Comments are 
specifically invited on the overall regulatory, aeronautical, economic, 
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No. 
FAA-2012-0662 and Airspace Docket No. 08-AWA-2) and be submitted in 
triplicate to the Docket Management Facility (see ADDRESSES section for 
address and phone number). You may also submit comments through the 
Internet at  http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments 
on this action must submit with those comments a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Nos. FAA-2012-0662 and Airspace Docket No. 08-AWA-2.'' The 
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date 
for comments will be considered before taking action on the proposed 
rule. The proposal contained in this action may be changed in light of 
comments received. All comments submitted will be available for 
examination in the public docket both before and after the closing date 
for comments. A report summarizing each substantive public contact with 
FAA personnel concerned with this rulemaking will be filed in the 
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the 
Internet at http://www.regulations.gov.
    You may review the public docket containing the proposal, any 
comments received and any final disposition in person in the Dockets 
Office (see ADDRESSES section for address and phone number) between 
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal 
holidays. An informal docket may also be examined during normal 
business hours at the office of the Eastern Service Center, Federal 
Aviation Administration, Room 210, 1701 Columbia Ave., College Park, GA 
30337.
    Persons interested in being placed on a mailing list for future 
NPRMs should

[[Page 45291]]

contact the FAA's Office of Rulemaking, (202) 267-9677, for a copy of 
Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution 
System, which describes the application procedure.

Background

    In December 1974, the FAA issued a final rule that established the 
Philadelphia, PA, Terminal Control Area (TCA) with an effective date of 
March 27, 1975 (39 FR 43710). In 1993, as part of the Airspace 
Reclassification Final Rule (56 FR 65638), the term ``terminal control 
area'' was replaced by ``Class B airspace area.''
    The primary purpose of Class B airspace is to reduce the potential 
for midair collisions in the airspace surrounding airports with high 
density air traffic operations by providing an area in which all 
aircraft are subject to certain operating rules and equipment 
requirements. FAA policy requires that Class B airspace areas be 
designed to contain all instrument procedures and that air traffic 
controllers vector aircraft to remain within Class B airspace after 
entry. Controllers must inform the aircraft when leaving and re-
entering Class B airspace if it becomes necessary to extend the flight 
path outside Class B airspace for spacing. However, in the interest of 
safety, FAA policy dictates that such extensions be the exception 
rather than the rule.
    The configuration of the Philadelphia Class B airspace area has not 
been modified since its establishment as a TCA in 1975. Since then, 
increasing operations have prompted a number of changes at the 
Philadelphia International Airport (PHL). For example, a new runway (8/
26) was opened for use in December 1999; Precision Runway Monitor 
procedures were implemented in 2003, which permitted the use of 
independent ILS approaches to Runways 27L and 26; and in early 2009, 
Runway 17/35 was extended to accommodate continued growth in arrival 
demand. The newly extended runway alleviated congestion and delays on 
the airport's two major runways. However, the Class B configuration has 
not kept pace with airport expansion and increasing operations, and the 
current design makes it difficult to comply with FAA's policy to 
contain certain aircraft operations within Class B airspace.
    Most aircraft operations at PHL are conducted on parallel Runways 
9L/R and 27L/R. Wind conditions dictate operating on a west operation 
(i.e., landing and departing to the west) approximately 75 percent of 
the year. On a west operation, Runways 27R, 27L and 26 are in use. On 
an east operation, Runways 9L/R are in use. The crosswind Runway (17/
35) is also utilized during both operations.

Changes Needed to Existing Class B Airspace

    The current Class B design does not fully contain turbine-powered 
aircraft once they have entered the airspace as required by FAA policy. 
This deficiency also contributes to increased air traffic controller 
workload and frequency congestion. Aircraft on all final approach 
courses drop below the existing floor of the Class B airspace while 
flying published ILS procedures. This has been documented using the 
Performance Data Analysis and Reporting System (PDARS) tool. Lower 
Class B airspace floors are needed to protect all final approach 
courses and downwinds. A major area of concern is the truncated 
boundary along the southeast quadrant of the PHL Class B. The original 
purpose of this area was to allow aircraft inbound to LaGuardia, Newark 
and McGuire airports to fly up Federal airways east of PHL without 
infringing on the Philadelphia Class B airspace area. However, this 
Class B configuration on the southeast side is inadequate to contain 
aircraft on the downwind and final approach courses for Runway 27 and 
Runway 35.

Pre-NPRM Public Input

    The FAA prepared a preliminary design of the proposed PHL Class B 
modifications to illustrate the need for change and to serve as a basis 
for ad hoc committee review. In part, the preliminary design featured a 
proposed expansion of the surface area from the current 6-miles to 8-
miles; expansion of the outer limit of Class B airspace from 20-miles 
to 24-miles around the majority of the area; lower floors of Class B 
airspace in certain subareas; and a cutout around Cross Keys Airport, 
NJ (17N).
    An ad hoc committee was formed in 2009 to review the Philadelphia 
Class B airspace and provide recommendations to the FAA about the 
proposed design. Meetings were held in March and May of 2009 at the 
Delaware Valley Regional Planning Commission's Office of Aviation in 
Philadelphia, PA.
    In addition, as announced in the Federal Register of November 30, 
2010 (75 FR 74127), six informal airspace meetings were held in the 
Philadelphia area. The meetings were held on: February 15, 2011, at New 
Castle Airport, New Castle, DE; February 16, 2011, at New Garden 
Airport, Toughkenamon, PA; February 17 and February 22, 2011, at Wings 
Field, Blue Bell, PA; February 23, 2011, at Flying W Airport, Medford, 
NJ; and February 24, 2011, at Freefall Adventures Skydive School, 
Williamstown, NJ. The purpose of the meetings was to provide interested 
airspace users an opportunity to present their views and offer 
suggestions regarding the proposed modifications to the Philadelphia 
Class B airspace area.

Discussion of Recommendations and Comments

Ad hoc Committee Input

    The ad hoc committee provided the following input on the proposed 
Philadelphia Class B modifications.
    The Committee asked that the surface area cutout be expanded to 
include Cooper Hospital and Penn's Landing Heliport (P72) to allow 
Medevac helicopter operations below 1,500 feet, and that an additional 
ring be created from 6 miles to 8 miles with a 1,000 foot floor so that 
flights from the Pottstown area could navigate to the Philadelphia 
center city hospital areas without entering Class B airspace.
    The FAA expanded the proposed cutout northeast of PHL to include 
both Cooper Hospital and Penn's Landing heliports. A direct route of 
flight from the Pottstown area to center city Philadelphia is almost 
completely outside of the proposed Class B airspace. A 1,000-foot ring 
between 6 and 8 miles is unnecessary because aircraft flying from the 
Pottstown area to downtown Philadelphia could remain outside the 
proposed Class B with only a small correction to the east.
    The Committee said that the proposed cutout for Cross Keys Airport 
(17N) should be widened to allow VFR traffic to operate in a corridor 
that provides sufficient access to the airport without encroaching on 
skydiving operations.
    The proposed cutout has been reconfigured to allow for skydiving 
and access for VFR aircraft arriving from or departing to the 
southeast.
    The Committee suggested a cutout south of Wings Field Airport (LOM) 
to allow aircraft entering the traffic pattern from the north to cross 
over the airport at 2,500 feet then descend to traffic pattern 
altitude. The Committee also noted that VFR aircraft maneuvering south 
of LOM must be below 2,000 feet to remain below the proposed Class B 
floor in that area, which could result in compression and concern about 
the 1,600-foot towers nearby.
    Currently, the floor of Class B airspace just to the south of LOM 
is 3,000 feet. The proposed modifications would lower that floor to 
2,000 feet. We are unable to create a cutout south of LOM because that 
portion of the proposed

[[Page 45292]]

Class B is designed to protect aircraft being vectored for the ILS 
approach to Runway 17 at PHL. Today, aircraft inbound to PHL in this 
area are routinely vectored to join the ILS localizer at altitudes 
between 2,000 and 2,500 feet. There would be just over 1 mile available 
for aircraft approaching LOM from the north and northwest to cross over 
LOM at 2,500 feet and descend to enter the local traffic pattern 
without entering the Class B airspace. The requested cutout south of 
LOM would not allow enough room to keep the Runway 17 arrivals within 
Class B airspace. The towers referenced above (known as the Roxboro 
Antennas) are located 7.5 miles south-southeast of LOM and should not 
be a factor.
    The Committee asked for a cutout east of New Garden Airport (N57) 
to allow glider operations to continue.
    While N57 lies well outside the existing 20-mile ring of the Class 
B airspace area, the proposed modification would extend the Class B 
airspace boundary out to 24 miles (which would lie just to the east of 
N57) with a floor of 4,000 feet. N57 is located under an area where a 
significant amount of commercial traffic is routed on a daily basis. 
When PHL is on an east operation, aircraft landing Runway 9R are 
operating in the immediate vicinity of N57. The Runway 9R arrivals from 
the north and south are handed off to the Final Vector (FV) controller 
who sequences and spaces these aircraft for landing. To accomplish 
this, the FV controller vectors and descends the arriving aircraft, 
blending the two feeds into one. FAA directives require that the 
aircraft be retained within Class B airspace during this process, but 
the current Class B configuration does not extend far enough to the 
west for controllers to comply with this requirement. The requested 
cutout east of N57 cannot be accommodated because it would not provide 
sufficient airspace to allow controllers to keep PHL arrivals within 
Class B airspace.
    The Committee said a corridor should be adopted to allow general 
aviation aircraft flying VFR from the west or northwest of Philadelphia 
to transit the Class B airspace with some predictability when en route 
to southeast and southern New Jersey.
    The FAA raised the proposed Class B floor in the majority of the 
15-mile to 20-mile ring to 3,500 feet. However, two sections between 15 
miles and 20 miles (one on the east side and the other on the west 
side), would still have a 3,000-foot floor. These two 3,000-foot areas 
are essential for containing aircraft on the ILS approaches to the 
primary runways. Due to the 3,000-foot areas, pilots would still need 
to make a small route change when transitioning to or from the north or 
south, but setting the proposed floor at 3,500 feet in the remainder of 
the 15-mile to 20-mile ring would allow greater flexibility for general 
aviation aircraft operating around Philadelphia. Regarding VFR 
services, the FAA encourages VFR aircraft to contact PHL and request 
flight following, advisory and/or Class B separation services. This 
would allow these aircraft to operate at higher altitudes. PHL Airport 
Traffic Control Tower (ATCT) has made a commitment to the user 
community to plan for and staff to provide services to aircraft 
potentially impacted by the proposed changes to the Class B.
    The Committee proposed that a ``key hole'', or Runway 24 departure 
corridor, be established to enable aircraft departing Trenton Mercer 
Airport (TTN) to climb at a more expeditious rate prior to entering 
Class B airspace. Also, the use of Continuous Descent Approaches (CDA) 
for TTN arrivals to Runway 6 should be considered.
    TTN currently is, and would remain, well outside the proposed Class 
B airspace. The FAA believes that the proposed Class B configuration 
would allow sufficient opportunity (approximately 7 miles) for aircraft 
departing TTN Runway 24 to either contact Philadelphia approach for 
Class B clearance or avoid the airspace. CDAs are not operationally 
feasible in the TTN area. These IFR procedures allow for a continuous 
descent from an enroute or high initial approach altitude to the 
runway. ATC sectorization (both inter-facility and intra-facility) in 
the area northeast of PHL does not allow any procedures (CDAs or 
Optimized Profile Descents--OPD) that require steep, unrestricted 
descents.
    The Committee opposed the expansion of the surface area radius to 8 
miles because it would place the Commodore Barry Bridge (which serves 
as a landmark used by pilots to stay outside the Class B airspace) 
within Class B airspace. In addition, the 8-mile ring would place the 
Pier 36 heliport inside the surface area.
    The airspace in this area is required to contain PHL arrivals on 
the ILS to Runways 9R and 9L. While the proposed 8-mile ring would 
encompass the bridge, VFR pilots could still use the bridge as a 
landmark but would have to visually remain 2 miles west of the bridge 
to avoid the Class B airspace. The expanded ring would also protect 
small aircraft from possible wake turbulence caused by large and heavy 
jet aircraft landing Runway 9R. The proposal has been revised so that 
Pier 36 would be included in the cutout to the northeast of PHL. 
Helicopters approaching downtown Philadelphia from the west would be 
required to either obtain a Class B clearance or circumnavigate the 
airspace as they do today.
    The Committee requested a cutout around Perkiomen Valley Airport 
(N10) to accommodate flight school and skydive operations.
    The preliminary Class B design proposed to expand Class B airspace 
out to a 24-mile ring. This would have resulted in Class B airspace 
being established above N10 from 4,000 feet up to 7,000 feet. The FAA 
reevaluated the need for the 24-mile ring, and decided to propose 
expanding to 24 miles on only east and west ends in order to encompass 
the extended finals to the primary runways at PHL. Therefore, the outer 
boundary of Class B airspace would remain at 20 miles in the vicinity 
of N10 as it is today.
    The Committee suggested that the FAA consider VFR routes through 
the Class B airspace similar to those in Los Angeles, CA.
    Charted VFR routes associated with the proposed Philadelphia Class 
B airspace are currently being considered and evaluated by the 
Philadelphia ATCT staff.
    The Committee provided an alternative proposed Class B design, 
prepared by the Aircraft Owners and Pilots Association (AOPA). AOPA 
contended that the FAA's preliminary design appeared overly complex 
with multiple floors and sectors as well as being larger than needed to 
contain arriving and departing aircraft.
    As previously noted, the FAA changed the proposal remove to the 24-
mile ring, except on the east and west ends. However, the alternative 
design's higher floors and reduced eastern boundary would not meet the 
need for containing aircraft on ILS approaches to the primary runways. 
The alternative design's 5,000-foot Class B floor to the east and west 
of the airport would not provide enough altitudes to separate aircraft 
on opposing base legs. In both areas, 4,000 feet and 5,000 feet must be 
available for controllers to comply with the vertical separation 
requirements while aircraft are on opposing base legs (i.e., head-on). 
Class B airspace also must be extended and lowered to the south of PHL 
to contain aircraft being vectored to Runway 35. With the increased 
usage of that runway, the final approach routinely extends beyond 15 
miles.

Informal Airspace Meeting Comments

    More than 300 people attended the meetings and 46 written responses 
were received. Three commenters supported

[[Page 45293]]

the FAA's proposal, while the remainder objected to various aspects of 
the proposal. The following section discusses the issues raised.
    Many commenters echoed the ad hoc committee recommendation that the 
proposed 24-mile ring be eliminated. As discussed above, the FAA 
changed the proposal to delete the 24-mile ring, except to the east and 
west of PHL along the extended runway centerlines.
    Two commenters contended that the proposed expansion of the surface 
area from 6 miles to 8 miles was not adequately justified, would result 
in compression of VFR traffic operating below the Class B floor, would 
cause the boundary to be difficult to identify visually.
    This issue was discussed, in part, in the ``Ad hoc Committee'' 
section, above. The expansion to 8 miles is necessary because some VFR 
operations are conducted beneath the final approach courses at 
locations and altitudes that are causing Traffic Alert and Collision 
Avoidance System (TCAS) Resolution Advisories (RAs) which cause 
arriving aircraft to execute unplanned missed approaches. Although the 
proposed cutout from the surface area was expanded northeast of PHL in 
response to Ad Hoc Committee input, the alignment of PHL's runways (09/
27 and 17/35) makes an 8 mile surface are necessary to protect the 
final approach courses to those runways.
    Several commenters requested either a cutout around Brandywine 
Airport (OQN) or that the Class B floor above OQN remain at 4,000 feet.
    It is necessary to lower the floor of the 20-mile ring (over OQN) 
from 4,000 feet to 3,500 feet, and the floor of the 15-mile ring (east 
of OQN), from 3,000 feet to 2,000 feet to contain arrivals landing 
Runway 9L as they descend on base leg for approach to PHL.
    Seven commenters had concerns about the effect of the proposal on 
glider operations at New Garden Airport (N57). A 5-mile cutout around 
N57 was requested.
    The proposed Class B extension to 24 miles would place the boundary 
just east of N57, with a floor of 4,000 feet. This airspace is needed 
to contain arrivals when PHL is on an east operation. Philadelphia ATC 
personnel are discussing with the users of N57 the possibility of 
developing procedures via a Letter of Agreement that would minimize the 
impact of the Class B change on their operation.
    Ten commenters were concerned about the potential for compression 
of traffic and inadvertent Class B intrusions near Wings Field Airport 
(LOM) and suggested that the Class B floor over LOM be kept at 4,000 
feet; the proposed 2,000-foot floor, south of LOM, be raised to 2,500 
feet or 3,000 feet; and/or a cutout around LOM be created.
    The proposed Class B airspace in the vicinity of LOM is intended to 
contain aircraft executing the ILS Runway 17 approach at PHL. These 
arrivals cross a point about 14 NM north of PHL at 3,000 feet, and 
descend on the glide path for Runway 17. VFR aircraft arriving at LOM 
currently overfly the airport at 2,500 feet then enter a left traffic 
pattern for Runway 24. These aircraft pose a potential conflict with 
PHL Runway 17 arrivals. PHL ATCT encourages VFR aircraft to contact PHL 
and request flight following, traffic advisories and/or Class B 
separation services. This would allow these aircraft to operate at 
higher altitudes. PHL ATCT has made a commitment to the user community 
to plan for, and staff to provide services to aircraft impacted by the 
changes to the Class B.
    Nine commenters suggested changes on behalf of the following 
airports located to the east and south of PHL: South Jersey Regional 
(VAY), Flying W (N14), Red Lion (N73); and Cross Keys (17N). Issues 
raised included: simplifying the design by changing the 3,500-foot 
floor northeast of the 17N airport ``cutout'' to either 3,000 feet or 
4,000 feet to combine with adjacent areas, making the cutout for 17N 
larger, compression of VFR traffic, and creating a corridor similar to 
that in the Los Angeles, CA Class B airspace area.
    The proposed 17N cutout has been slightly expanded from the design 
presented at the informal airspace meetings, but it could not be 
further expanded without having an impact on traffic flows inside the 
Class B. Raising the floor to 4,000 feet would not be sufficient to 
contain arriving aircraft within Class B airspace, while a 3,000-foot 
floor would be more restrictive than needed to contain those aircraft. 
The proposal's 3,500-foot floor provides adequate protection for PHL 
arrivals while minimizing the impact on VFR traffic. The volume and 
flow of traffic at PHL preclude the development of a corridor like the 
one through the Los Angeles Class B airspace area. However, VFR flyways 
under and around the airspace would be developed as part of the 
proposed Class B modification.
    Six commenters suggested changes on the east and south sides of the 
proposed Class B, including: raise the Class B floor or create a cutout 
over VAY, N14 and N73; modify the Class B north of the 17N cutout so 
that the direct route between McGuire VORTAC (GXU) and Cedar Lake 
VORTAC (VCN) does not create nose-to-nose VFR traffic at 3,000 feet; 
and expand the ``funnel'' between Robbinsville VORTAC (RBV) and VCN 
between the Class B boundary and Alert Area A-220 to prevent 
compression of VFR traffic.
    The FAA understands that the proposed changes would reduce the 
amount of airspace available for VFR operations southeast of the PHL 
Class B. To lessen this impact, the 24-mile ring has been reduced in 
size as discussed previously. However, because VAY, N14 and N73 all lie 
within 24 miles of PHL, as well as in the arrival area, and less than 4 
miles from the final approach course, it is not possible to create a 
cutout or raise the proposed Class B floor over those airports without 
a significant impact on PHL arrivals. PHL ATC would provide clearance 
through the Class B airspace to VFR flights whenever possible. In 
addition, traffic from PNE and TTN that transitions PHL airspace to 
points in South Jersey represents a large number of the conflictions 
with arrival traffic to Runways 26 and 27R. As such, the VFR corridor 
designed, more than 25 years ago, is no longer viable. It is PHL ATCT's 
expectation that this traffic would contact PHL ATCT for flight-
following and/or Class B separation services, thus providing a safer 
environment for all users of the ATC system. VFR aircraft wishing to 
transit the portion of Alert Area A-220 that would fall within the 
proposed Class B airspace would be under the control of ATC and 
therefore would receive separation services from any military aircraft. 
Pilots that choose to either circumnavigate the area, or fly at 
altitudes below the Class B airspace, could operate pretty much as they 
do today except at slightly lower altitudes. The possibility of 
developing charted routes through the Class B would be considered as a 
way to mitigate the potential compression issues identified by the 
commenters.
    One commenter suggested the DME distances should be published to 
identify the Class B rings.
    The distances depicted in this proposal are measured from the PHL 
Airport Reference Point (ARP) defined as lat. 39[deg]52'20'' N., long. 
75[deg]14'27'' W. The lack of a VOR/DME facility at PHL, upon which to 
base radials and DME distances, limits the options for describing the 
airspace. There are six ILSs with DME at PHL. The FAA will explore the 
possibility of publishing an alternate description using ILS/DME 
distances on the PHL VFR Terminal Area chart with an explanation of how 
to use the DME distances as a guide for navigating around the area.

[[Page 45294]]

    One commenter was concerned that the Tabernacle, NJ practice area 
would not be usable for certain training maneuvers if it was under 
Class B airspace.
    The smaller proposed 24-mile Class B extension would not completely 
remove the practice area from under Class B airspace; however, no 
additional adjustments could be made in that area without impacting PHL 
arrivals. Users of the practice area should be able to get a Class B 
clearance when PHL is on an east operation and that airspace is not in 
use for arrivals.
    A number of commenters stated that there are too many Class B floor 
variations in the proposed design which would be confusing to pilots 
and it would be difficult to determine the boundaries without GPS 
navigation equipment on board. Further, this could cause compression 
underneath the Class B.
    Simplicity is a goal of airspace design and it is true that using 
one altitude for the entire circle would be less complex. However, the 
proposed 3,000-foot floor on the east and west sides could not be 
raised to 3,500 feet, as some suggested, without impacting PHL arrivals 
because this airspace is necessary to contain aircraft descending to 
land at PHL. Lowering the floor to 3,000 feet all the way around for 
simplicity would create additional impact on VFR operations by 
designating Class B airspace where a 3,000-foot floor is not required 
by ATC. The FAA understands the need of VFR pilots to have access to 
Class B airspace for safety and efficiency of flight, and plans to make 
this available on request whenever it can be provided without impacting 
the safety of other aircraft operating in the airspace.
    One commenter proposed that the extensions on the east and west be 
made part-time so that they would only be active when actually being 
used for traffic containment.
    The suggestion for part-time Class B segments could potentially 
decrease the impact on nonparticipating traffic. A similar concept has 
been successfully applied to military special use airspace areas. 
However, further study of various issues is required to determine 
whether the concept is operationally feasible and could be safely 
implemented in a Class B airspace environment. These issues include: 
procedures for activating/deactivating affected Class B sections and 
ensuring real-time pilot notification of airspace status changes, 
response to runway changes or closures and inflight emergencies, 
aeronautical charting specifications, weather factors, safety; etc.
    One commenter contended that the need for lower Class B floors 
could be reduced by eliminating the requirement for aircraft to be 
below the ILS glideslope when being turned on to final approach and by 
using a two-stage glide slope set at 3 degrees within 8 to 9 miles from 
the runway and up to 6 degrees at greater distances.
    These suggestions would require a revision of instrument flight 
procedures and the development of new or additional glideslope 
equipment which may not be technically feasible and/or may involve 
flight safety issues. As such, they are outside the scope of this 
airspace proposal.

The Proposal

    The FAA is proposing an amendment to Title 14, Code of Federal 
Regulations (14 CFR) part 71 to modify the Philadelphia, PA, Class B 
airspace area. This action (depicted on the attached chart) proposes to 
modify the lateral and vertical limits of Class B airspace to ensure 
the containment of large turbine-powered aircraft once they enter the 
airspace, reduce frequency congestion and controller workload, and 
enhance safety in the Philadelphia terminal area. The Class B airspace 
ceiling would remain at 7,000 feet MSL. Mileages are in nautical miles 
and, unless otherwise noted, are based on a radius from PHL ARP (lat. 
39[deg]52'20'' N., long. 75[deg]14'27'' W.). The proposed modifications 
of the Philadelphia Class B airspace area, by subarea, are outlined 
below.
    Area A. This area, extending upward from the surface to 7,000 feet 
MSL, would be expanded from the current 6-mile radius to an 8-mile 
radius. A cutout would be incorporated in the northeast quadrant of 
Area A to accommodate helicopter operations as discussed above.
    Area B. No changes are proposed to this area, which extends from 
300 feet MSL to 7,000 feet MSL.
    Area C. This area, which extends from 600 feet MSL to 7,000 feet 
MSL, would remain largely the same except that its boundaries would be 
extended outward to meet the proposed 8-mile radius of Area A.
    Area D. This area would extend from 1,500 feet to 7,000 feet 
between the 8-mile and 11-mile rings around PHL, with an extension out 
to 15-miles to the east of PHL.
    Area E. Area E would extend from 2,000 feet MSL to 7,000 feet MSL 
between the 11-mile and 15-mile rings from PHL with a cutout around 
17N. The existing Class B floor in that area is 3,000 feet MSL.
    Area F. Area F would consist of two sections between the 15-mile 
and 20-mile rings. One section would be located west of PHL and the 
other to the east of PHL. These sections would extend from 3,000 feet 
MSL to 7,000 feet MSL. The purpose of Area F would be to contain 
arrivals to the primary runways at PHL.
    Area G. This area would extend from 3,500 feet MSL to 7,000 feet 
MSL. It would generally lie between the 15-mile and 20-mile rings, 
excluding the airspace in Areas F and H. The current Class B floor in 
most of that area is 4,000 feet MSL. Area G would also create new Class 
B airspace out to 20 miles to the east and south of PHL with a cutout 
to accommodate operations at 17N.
    Area H. This area would consist of two sections, extending from 
4,000 feet MSL to 7,000 feet MSL, between the 20-mile and 24-mile 
rings, to the east and west of PHL. The purpose of this new Class B 
airspace would be to contain arrivals to the primary runways at PHL.
    The geographic latitude/longitude coordinates in this proposal are 
based on North American Datum 83.
    Class B airspace areas are published in paragraph 3000 of FAA Order 
7400.9V, dated August 9, 2011 and effective September 15, 2011, which 
is incorporated by reference in 14 CFR 71.1. The Class B airspace area 
proposed in this document would be published subsequently in the Order.

Environmental Review

    This proposal will be subject to an environmental analysis in 
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies 
and Procedures'' prior to any FAA final regulatory action.

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 
proposed rule.

Regulatory Evaluation Summary

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Order 12866 and Executive Order 13563 
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 Trade Agreements

[[Page 45295]]

Act (Pub. L. 96-39) prohibits agencies from setting standards that 
create unnecessary obstacles to the foreign commerce of the United 
States. In developing U.S. standards, the Trade Act requires agencies 
to consider international standards and, where appropriate, that they 
be the basis of U.S. standards. Fourth, 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 proposed 
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 proposed rule. The 
reasoning for this determination follows:
    In conducting these analyses, the FAA has determined that this 
proposed rule:
    (1) Imposes minimal incremental costs and provides benefits,
    (2) Is not an economically ``significant regulatory action'' as 
defined in section 3(f) of Executive Order 12866,
    (3) Is not significant as defined in DOT's Regulatory Policies and 
Procedures;
    (4) Would not have a significant economic impact on a substantial 
number of small entities;
    (5) Would not have a significant effect on international trade; and
    (6) Would not impose an unfunded mandate on state, local, or tribal 
governments, or on the private sector by exceeding the monetary 
threshold identified.

These analyses are summarized below.

The Proposed Action

    This action proposes to modify the Philadelphia, PA, Class B 
airspace area to ensure the containment of large turbine-powered 
aircraft within Class B airspace, reduce controller workload, and 
reduce the potential for midair collision in the Philadelphia terminal 
area.

Benefits of the Proposed Action

    The benefits of this action are that it would enhance safety, 
improve the flow of air traffic, and reduce the potential for midair 
collisions in the PHL terminal area. In addition this action would 
support the FAA's national airspace redesign goal of optimizing 
terminal and enroute airspace areas to reduce aircraft delays and 
improve system capacity.

Costs of the Proposed Action

    Possible costs of this proposal would include the costs of general 
aviation aircraft that might have to fly further if this proposal were 
adopted. However, the FAA believes that any such costs would be minimal 
because the FAA designed the proposal to minimize the effect on 
aviation users who would not fly in the Class B airspace. In addition 
the FAA held a series of meetings to solicit comments from people who 
thought that they might be affected by the proposal. Wherever possible 
the FAA included the comments from these meetings in the proposal.

Expected Outcome of the Proposal

    The expected outcome of the proposal would be a minimal impact with 
positive net benefits and a regulatory evaluation was not prepared. The 
FAA requests comments with supporting justification about the FAA 
determination of minimal impact.

Initial 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 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 solicit and consider flexible regulatory proposals and to explain 
the rationale for their actions. 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 proposed or 
final 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 Act.
    However, if an agency determines that a proposed or final rule is 
not expected to have a significant economic impact on a substantial 
number of small entities, section 605(b) of the 1980 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.
    The proposal is expected to improve safety by redefining Class B 
airspace boundaries and is expected to impose only minimal costs. The 
expected outcome would be a minimal economic impact on small entities 
affected by this rulemaking action.
    Therefore, the FAA certifies that this proposed rule, if 
promulgated, would not have a significant economic impact on a 
substantial number of small entities. The FAA requests comments on this 
determination. Specifically, the FAA requests comments on whether the 
proposal creates any specific compliance costs unique to small 
entities. Please provide detailed economic analysis to support any cost 
claims. The FAA also invites comments regarding other small entity 
concerns with respect to the proposal.

International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the 
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal 
agencies from establishing standards or engaging in related activities 
that create unnecessary obstacles to the foreign commerce of the United 
States. Pursuant to these Acts, the establishment of standards is not 
considered an unnecessary obstacle to the foreign commerce of the 
United States, so long as the standard has a legitimate domestic 
objective, such as the protection of safety, and does not operate in a 
manner that excludes imports that meet this objective. 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 rule and 
determined that it would have no effect on international trade.

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 
(adjusted annually for inflation) in any 1 year by State, local, and 
tribal governments, in the aggregate, or by the private sector; such a 
mandate is

[[Page 45296]]

deemed to be a ``significant regulatory action.'' The FAA currently 
uses an inflation-adjusted value of $143.1 million in lieu of $100 
million. This proposal does not contain such a mandate; therefore the 
requirements of Title II do not apply.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR 
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

    1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.


Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of the Federal 
Aviation Administration Order 7400.9V, Airspace Designations and 
Reporting Points, dated August 9, 2011, and effective September 15, 
2011, is amended as follows:

Paragraph 3000 Subpart B--Class B airspace.

* * * * *

AEA PA B Philadelphia, PA [Revised]

Philadelphia International Airport, PA (Primary Airport)
    (Lat. 39[deg]52'20'' N., long. 75[deg]14'27'' W.)
Northeast Philadelphia Airport, PA
    (Lat. 40[deg]04'55'' N., long. 75[deg]00'38'' W.)
Cross Keys Airport, NJ
    (Lat. 39[deg]42'20'' N., long. 75[deg]01'59'' W.)

Boundaries

    Area A. That airspace extending upward from the surface to and 
including 7,000 feet MSL within an 8-mile radius of the Philadelphia 
International Airport (PHL), excluding that airspace bounded by a 
line beginning at the intersection of the PHL 8-mile radius and the 
002[deg] bearing from PHL, thence direct to lat. 39[deg]56'14'' N., 
long. 75[deg]12'11'' W., thence direct to lat. 39[deg]55'40'' N., 
long. 75[deg]08'31'' W., thence direct to the intersection of the 
PHL 8-mile radius and the 061[deg] bearing from PHL, and that 
airspace within and underlying Areas B and C hereinafter described.
    Area B. That airspace extending upward from 300 feet MSL to and 
including 7,000 feet MSL, beginning at the east tip of Tinicum 
Island, thence along the south shore of Tinicum Island to the 
westernmost point, thence direct to the outlet of Darby Creek at the 
north shore of the Delaware River, thence along the north shore of 
the river to Chester Creek, thence direct to Thompson Point, thence 
along the south shore of the Delaware River to Bramell Point, thence 
direct to the point of beginning.
    Area C. That airspace extending upward from 600 feet MSL to and 
including 7,000 feet MSL, beginning at Bramell Point, thence along 
the south shore of the Delaware River to Thompson Point, thence 
direct to the outlet of Chester Creek at the Delaware River, thence 
along the north shore of the Delaware River to the 8-mile radius of 
PHL, thence counterclockwise along the 8-mile radius to the 180[deg] 
bearing from PHL, thence direct to Bramell Point.
    Area D. That airspace extending upward from 1,500 feet MSL to 
and including 7,000 feet MSL within an 11-mile radius of PHL; and 
that airspace within 7.5 miles north and south of the Runway 27R 
localizer course extending from the 11-mile radius to the 15-mile 
radius east of PHL; excluding that airspace within a 5.8-mile radius 
of North Philadelphia Airport (PNE), and Areas A, B, and C.
    Area E. That airspace extending upward from 2,000 feet MSL to 
and including 7,000 feet MSL within a 15-mile radius of PHL, 
excluding that airspace within a 5.8-mile radius of PNE, and that 
airspace bounded by a line beginning at the intersection of the PHL 
15-mile radius and the 141[deg] bearing from PHL, thence direct to 
the intersection of the Cross Keys Airport (17N) 1.5-mile radius and 
the 212[deg] bearing from 17N, thence clockwise via the 1.5-mile 
radius of 17N to the 257[deg] bearing from 17N, thence direct to the 
intersection of the 17N 1.5-mile radius and the 341[deg] bearing 
from 17N, thence clockwise via the 1.5-mile radius of 17N to the 
011[deg] bearing from 17N, thence direct to the intersection of the 
PHL 15-mile radius and the 127[deg] bearing from PHL, and Areas A, 
B, C, and D.
    Area F. That airspace extending upward from 3,000 feet MSL to 
and including 7,000 feet MSL within 7.5 miles north and south of the 
Runway 9R localizer course extending from the 15-mile radius west of 
PHL to the 20-mile radius west of PHL; and within 7.5 miles north 
and south of the Runway 27R localizer course extending from the 8-
mile radius east of PHL to the 20-mile radius east of PHL, excluding 
Area D.
    Area G. That airspace extending upward from 3,500 feet MSL to 
and including 7,000 feet MSL within a 20-mile radius of PHL, 
excluding that airspace south of a line beginning at the 
intersection of the PHL 20-mile radius and the 158[deg] bearing from 
PHL, thence direct to the intersection of the PHL 20-mile radius and 
the 136[deg] bearing from PHL, and that airspace bounded by a line 
beginning at the intersection of the PHL 20-mile radius and the 
136[deg] bearing from PHL, thence direct to the intersection of the 
PHL 15-mile radius and the 141[deg] bearing from PHL, thence direct 
to the intersection of the Cross Keys Airport (17N) 1.5-mile radius 
and the 212[deg] bearing from 17N, thence clockwise via the 1.5-mile 
radius of 17N to the 257[deg] bearing from 17N, thence direct to the 
intersection of the 17N 1.5-mile radius and the 341[deg] bearing 
from 17N, thence clockwise via the 1.5-mile radius of 17N to the 
011[deg] bearing from 17N, thence direct to the intersection of the 
PHL 15-mile radius and the 127[deg] bearing from PHL, thence direct 
to the intersection of the PHL 20-mile radius and the 120[deg] 
bearing from PHL, and Areas A, B, C, D, E and F.
    Area H. That airspace extending upward from 4,000 feet MSL to 
and including 7,000 feet MSL within 7.5 miles north and south of the 
Runway 9R localizer course extending from the 20-mile radius west of 
PHL to the 24-mile radius west of PHL; and within 7.5 miles north 
and south of the Runway 27R localizer course extending from the 20-
mile radius east of PHL to the 24-mile radius east of PHL.

    Issued in Washington, DC, on July 26, 2012.
Gary A. Norek,
Manager, Airspace Policy and ATC Procedures Group.

[[Page 45297]]

[GRAPHIC] [TIFF OMITTED] TP31JY12.000

[FR Doc. 2012-18644 Filed 7-30-12; 8:45 am]
BILLING CODE 4910-13-P