[Federal Register Volume 88, Number 56 (Thursday, March 23, 2023)]
[Rules and Regulations]
[Pages 17369-17372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05632]
[[Page 17369]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2022-0999; Airspace Docket No. 22-AWA-2]
RIN 2120-AA66
Amendment of Class C Airspace; Chicago, IL
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action amends the Chicago, IL, Class C airspace area
surrounding the Chicago Midway International Airport, IL (MDW), by
extending the existing Class C airspace shelf within 10 nautical miles
(NM) of MDW from the southeast counterclockwise to the northeast. The
FAA is taking this action to reduce the risk of midair collisions and
enhance the efficient management of air traffic operations in the MDW
terminal area.
DATES: Effective date 0901 UTC, June 15, 2023. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order 7400.11 and
publication of conforming amendments.
ADDRESSES: A copy of the NPRM, all comments received, this final rule,
and all background material may be viewed online at www.regulations.gov
using the FAA Docket number. Electronic retrieval help and guidelines
are available on the website. It is available 24 hours each day, 365
days each year. An electronic copy of this document may also be
downloaded from the Office of the Federal Register's website at
www.federalregister.gov.
FAA Order JO 7400.11G, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. You may also contact the Rules and
Regulations Group, Office of Policy, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.
FOR FURTHER INFORMATION CONTACT: Colby Abbott, Rules and Regulations
Group, Office of Policy, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.
SUPPLEMENTARY INFORMATION:
Authority for This Rulemaking
The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it modifies the Class C airspace surrounding MDW to reduce
the potential for midair collisions and enhance the management of air
traffic in the terminal area as necessary to preserve the safe and
efficient flow of air traffic within the National Airspace System
(NAS).
History
The FAA published a notice of proposed rulemaking for Docket No.
FAA-2022-0999 in the Federal Register (87 FR 64737; October 26, 2022)
proposing to modify the Class C airspace area surrounding MDW.
Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal. Two comments
were received.
Discussion of Comments
The first commenter, the Airline Pilots Association (ALPA),
affirmed their support for the new MDW Class C airspace design. They
also commented against any proposals the FAA may receive aiming to
raise the proposed Class C airspace floor over Lake Michigan above
2,300 feet mean sea level (MSL). In their concern, they cited such a
proposed action may result in increased Traffic Collision Avoidance
System (TCAS) Resolution Advisory (RA) events, unstable and/or missed
approaches, near midair collisions (NMAC), or midair collisions between
commercial and general aviation aircraft.
The FAA appreciates ALPA's support for the new MDW Class C airspace
design. To their comment associated with any proposals submitted to the
FAA aiming to raise the Class C airspace floor over Lake Michigan, no
comments or proposals addressing that concern were received. Further,
the FAA is not considering any amendment to the Class C airspace design
that was proposed in the NPRM published in the Federal Register of
October 26, 2022.
The second commenter, the Aircraft Owners and Pilots Association
(AOPA), was supportive of the proposed change. In addition, AOPA
commented that changes were needed to the Letter of Agreement (LOA)
between Chicago Terminal Radar Approach Control (TRACON) and Midway
Airport Traffic Control Tower (ATCT) regarding visual approaches to
Runway 22L. They referenced the FAA's response to a pre-NPRM Ad Hoc
Committee recommendation which stated the aforementioned LOA currently
required that IFR aircraft conducting visual approaches to Runway 22L
must only maintain 2,500 feet MSL until contacting the MDW ATCT. AOPA's
concern was that the altitude constraint could easily lead to IFR
aircraft crossing the Chicago lakefront VFR flyway only 200 feet above
the proposed 2,300-foot Class C floor and result in possible wake
turbulence issues, loss of separation, or more frequent TCAS RAs. AOPA
acknowledged Runway 22L visual approaches are rarely used but believed
the FAA should alter the LOA to require IFR aircraft conducting Runway
22L visual approaches to remain at or above 3,000 feet AGL until
reaching the Chicago lakefront (or until reaching the DXXON waypoint).
The FAA appreciates AOPA's support and offers the following to
their comment. In response to AOPA's comment with respect to requiring
IFR aircraft conducting Runway 22L visual approaches to remain at or
above 3,000 feet MSL until reaching the Chicago lakefront or the DXXON
waypoint, the FAA revisited the Ad Hoc Committee's recommendation on
the same requirement for aircraft flying visual approaches to Runway
22L from the east. The FAA reconsidered the Ad Hoc Committee's
recommendation and AOPA's request for IFR aircraft conducting Runway
22L visual approaches to remain at or above 3,000 feet MSL until the
Chicago lakefront or DXXON waypoint. After reconsideration of the
recommendation and the request, the FAA agrees and will support the
requested altitude requirement, to the maximum extent possible, for
visual approaches flown to Runway 22L from the east.
The transfer of communications and control point from the Chicago
TRACON to the MDW ATCT for IFR aircraft inbound to MDW Runway 22L from
the east, whether on an instrument or visual approach, is over land
beyond the Chicago lakefront VFR flyway and the DXXON waypoint. As
such, IFR aircraft inbound to MDW Runway 22L remain under Chicago
TRACON's control until after they pass the Chicago lakefront VFR flyway
or DXXON waypoint. As an alternative to AOPA's request to update the
LOA between Chicago TRACON and MDW ATCT, the
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FAA determined that documenting the operational guidance for keeping
IFR aircraft flying visual approaches to MDW Runway 22L from the east
at or above 3,000 feet MSL would be better located in Chicago TRACON's
operating procedures. Therefore, the existing LOA between Chicago
TRACON and MDW ATCT will not be amended as requested.
Additionally, visual approaches are never advertised as the
approach in use at MDW and all IFR aircraft arriving from the east are
sequenced on the final approach course for the Area Navigation (RNAV)
approaches when Runway 22L is the active runway. Should an IFR pilot
established on the Runway 22L final approach course from the east
report visual contact with MDW and request a visual approach, Chicago
TRACON controllers would issue an altitude restriction of 3,000 feet
MSL until reaching the DXXON waypoint, then clear the aircraft for the
visual approach as a routine practice. However, in the event of
emergency situations or safety of flight requirements, the Chicago
TRACON may require IFR aircraft to operate at other Class C airspace
altitudes as the situation requires.
Incorporation by Reference
Class C airspace designations are published in paragraph 4000 of
FAA Order JO 7400.11, Airspace Designations and Reporting Points, which
is incorporated by reference in 14 CFR 71.1 on an annual basis. This
document amends the current version of that order, FAA Order JO
7400.11G, dated August 19, 2022, and effective September 15, 2022. FAA
Order JO 7400.11G is publicly available as listed in the ADDRESSES
section of this document. This amendment will be published in the next
update to FAA Order JO 7400.11.
FAA Order JO 7400.11G lists Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting points.
The Rule
This action amends 14 CFR part 71 by modifying the Chicago, IL,
Class C airspace surrounding MDW by extending the airspace shelf
further around the airport on the east side to end northeast of the
airport. This amendment enhances flight safety in the MDW terminal area
(see the attached chart).
The current Chicago, IL, Class C airspace consists of two
concentric circles, a surface area and an airspace shelf, centered on
the MDW airport reference point: (1) that airspace extending upward
from the surface to 3,600 feet MSL within a 5 NM radius of the airport;
and (2) that airspace extending upward from 1,900 feet MSL to 3,600
feet MSL between 5 NM and 10 NM from 2-miles northeast of and parallel
to the MDW RWY 31C localizer course southeast of the airport, clockwise
to the Chicago O'Hare Class B airspace area northwest of the airport.
The Class C airspace area excludes the airspace within the adjacent
Chicago, IL, Class B airspace area.
This action modifies the Chicago, IL, Class C airspace area by
extending the existing airspace shelf between 5 NM and 10 NM further
around MDW on the east side from the existing boundary located 2 NM
northeast of and parallel to the MDW RWY 31C localizer course to a new
boundary defined by the 090[deg] bearing of the intersection of the 10-
mile radius around the Chicago O'Hare International Airport and the 5-
mile radius around MDW. The new Class C airspace shelf extends from the
Chicago Class B airspace located northwest of MDW counterclockwise
around MDW to a boundary slightly south of Interstate 290 located
northeast of MDW and includes the airspace over Chicago and Lake
Michigan between 5 NM and 10 NM of MDW. The portion of the Class C
airspace shelf over land retains the existing airspace shelf altitudes
extending upward from 1,900 feet MSL to 3,600 feet MSL and the portion
of the Class C airspace shelf over Lake Michigan extends upward from
2,300 feet MSL to 3,600 feet MSL. The exclusion of the airspace within
the Chicago, IL, Class B airspace area is retained.
This modified Class C airspace shelf enhances flight safety in the
MDW terminal area by encompassing the MDW RNAV RWY 22L approaches for
IFR aircraft, retaining the VFR flyway along the Lake Michigan
shoreline outside Class C airspace for VFR pilots that elect not to
communicate with ATC and fly within the Class C airspace, and
preserving the VFR sightseeing operations north of Interstate 290
without impact.
Regulatory Notices and Analyses
Federal agencies consider impacts of regulatory actions under a
variety of executive orders and other requirements. First, Executive
Order 12866 and Executive Order 13563 direct 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 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, this 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). The current threshold after adjustment for inflation is
$165,000,000, using the most current (2021) Implicit Price Deflator for
the Gross Domestic Product. This portion of the preamble summarizes the
FAA's analysis of the economic impacts of this final rule.
In conducting these analyses, the FAA determined that this final
rule: will result in minimal cost; is not an economically ``significant
regulatory action'' as defined in section 3(f) of Executive Order
12866; will not have a significant economic impact on a substantial
number of small entities; will not create unnecessary obstacles to the
foreign commerce of the United States; and will not impose an unfunded
mandate on State, local, or tribal governments, or on the private
sector. These analyses are summarized below.
As discussed above, the FAA determined that changes put forth in
this rule will increase airspace safety with minimal cost impact. The
final rule extends the Class C airspace area surrounding MDW Airport to
reduce the risk of midair collisions and enhance the efficient
management of air traffic operations in the MDW terminal area. The
costs of the rule are the value of resources needed to comply with the
airspace changes. In this case, VFR pilots desiring to fly at their
current altitudes within the proposed Class C airspace are required to
establish two-way communications with ATC. VFR pilots flying in the
vicinity of MDW are likely equipped for this communication and as such
this change would involve only minimal time for awareness and planning.
The FAA also does not anticipate increased staffing needs. Therefore,
costs are likely minimal.
Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA)
establishes ``as a principle of regulatory issuance that
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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.
The final rule amends 14 CFR part 71 by modifying the Chicago, IL,
Class C airspace area to extend the airspace shelf around MDW further
around the airport on the east side to end northeast of the airport.
The FAA is taking this action to reduce the risk of midair collisions
and enhance the efficient management of air traffic operations in the
MDW terminal area. The rule will affect VFR pilots desiring to fly at
their current altitudes within the proposed Class C airspace. These
pilots will need to establish two-way communications with ATC; however,
they are likely equipped for this communication and as such this change
would involve only minimal time for awareness and planning. The final
rule results in a minimal economic impact on small entities. Therefore,
as provided in section 605(b), the head of the FAA certifies that this
rulemaking does not result in a significant economic impact on a
substantial number of small entities.
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 final rule and determined that it
should improve safety and is consistent with the Trade Agreements Act.
Unfunded Mandates Assessment
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a state,
local, or tribal government or the private sector to incur direct costs
without the Federal government having first provided the funds to pay
those costs. The FAA determined that the proposed rule will not result
in the expenditure of $165,000,000 or more by State, local, or tribal
governments, in the aggregate, or the private sector, in any one year.
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. The FAA determined that there
is no new information collection requirement associated with this
proposed rule.
Environmental Review
The FAA determined that this action of amending the Chicago, IL,
Class C airspace area by extending the airspace shelf between 5 NM and
10 NM further around MDW on the east side from the existing boundary
located southeast of MDW to a new boundary slightly south of Interstate
290 located northeast of MDW qualifies for categorical exclusion under
the National Environmental Policy Act (42 U.S.C. 4321 et seq.) and its
implementing regulations at 40 CFR part 1500, and in accordance with
FAA Order 1050.1F, Environmental Impacts: Policies and Procedures,
paragraph 5-6.5a, which categorically excludes from further
environmental impact review rulemaking actions that designate or modify
classes of airspace areas, airways, routes, and reporting points (see
14 CFR part 71, Designation of Class A, B, C, D, and E Airspace Areas;
Air Traffic Service Routes; and Reporting Points). As such, this action
is not expected to result in any potentially significant environmental
impacts. In accordance with FAA Order 1050.1F, paragraph 5-2 regarding
Extraordinary Circumstances, the FAA reviewed this action for factors
and circumstances in which a normally categorically excluded action may
have a significant environmental impact requiring further analysis.
Accordingly, the FAA determined that no extraordinary circumstances
exist that warrant preparation of an environmental assessment or
environmental impact study.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
The Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR Part 71 as follows:
PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS
0
1. The authority citation for 14 CFR part 71 continues to read as
follows:
Authority: 49 U.S.C. 106(f), 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 FAA Order JO
7400.11G, Airspace Designations and Reporting Points, dated August 19,
2022, and effective September 15, 2022, is amended as follows:
Paragraph 4000 Class C Airspace.
* * * * *
AGL IL C Chicago, IL [Amended]
Chicago Midway International Airport, IL
(Lat. 41[deg]47'10'' N, long. 087[deg]45'09'' W)
That airspace extending upward from the surface to 3,600 feet
MSL within a 5-mile radius of the Chicago Midway International
Airport; that airspace extending upward from 1,900 feet MSL to 3,600
feet MSL within an area beginning at a point north of Chicago Midway
International Airport at the intersection of the 10-mile radius
around a point centered at lat. 41[deg]59'16'' N, long.
087[deg]54'17'' W and the 5-mile radius of the Chicago Midway
International Airport, thence extending on a 090[deg] bearing to the
Lake Michigan shoreline at lat. 41[deg]52'09'' N, long.
087[deg]36'59'' W, thence southward following the shoreline to the
10-mile radius of the Chicago Midway International Airport at lat.
41[deg]44'59'' N, long. 087[deg]32'06'' W, thence clockwise along
that 10-mile radius to the intersection with the 10.5-mile radius
around a point centered at lat. 41[deg]59'16'' N,
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long. 087[deg]54'17'' W, thence counterclockwise along that 10.5-
mile radius to the intersection with the 5-mile radius of the
Chicago Midway International Airport, thence counterclockwise along
that 5-mile radius to the intersection with the 10-mile radius
around a point centered at lat. 41[deg]59'16'' N, long.
087[deg]54'17'' W; and that airspace extending upward from 2,300
feet MSL to 3,600 feet MSL within an area beginning at a point on
the Lake Michigan shoreline at lat. 41[deg]52'09'' N, long.
087[deg]36'59'' W, thence extending on a 090[deg] bearing to the 10-
mile radius of the Chicago Midway International Airport, thence
clockwise along that 10-mile radius to the Lake Michigan shoreline
at lat. 41[deg]44'59'' N, long. 087[deg]32'06'' W, thence northward
following the shoreline to lat. 41[deg]52'09'' N, long.
087[deg]36'59'' W. This Class C airspace area excludes the airspace
within the Chicago, IL, Class B airspace area.
* * * * *
MODIFICATION OF THE CHICAGO MIDWAY INTERNATIONAL AIRPORT CLASS C
AIRSPACE AREA (Docket Number 22-AWA-2)
[GRAPHIC] [TIFF OMITTED] TR23MR23.002
Issued in Washington, DC, on March 15, 2023.
Brian Konie,
Acting Manager, Airspace Rules and Regulations.
[FR Doc. 2023-05632 Filed 3-22-23; 8:45 am]
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