[Federal Register Volume 88, Number 154 (Friday, August 11, 2023)]
[Proposed Rules]
[Pages 54503-54511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17074]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-1021; Airspace Docket No. 22-AWA-6]


Establishment of Class C Airspace and Removal of Class D 
Airspace; Harrisburg International Airport, PA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to establish Class C airspace, and remove 
Class D airspace, at the Harrisburg International Airport (MDT), PA. 
The FAA is proposing this action to enhance the efficient management of 
air traffic operations and reduce the potential for midair collision in 
the MDT terminal area. The Class C airspace would replace the existing 
Class D airspace at MDT. In addition, the non-regulatory Terminal Radar 
Service Area (TRSA) would be removed.

DATES: Comments must be received on or before October 10, 2023.

ADDRESSES: Send comments identified by FAA Docket No. FAA-2023-1021 and 
Airspace Docket No. 22-AWA-6 using any of the following methods:
    * Federal eRulemaking Portal: Go to www.regulations.gov and follow 
the online instructions for sending your comments electronically.
    * Mail: Send comments to Docket Operations, M-30; U.S. Department 
of Transportation, 1200 New Jersey Avenue SE, Room W12-140, West 
Building Ground Floor, Washington, DC 20590-0001.
    * Hand Delivery or Courier: Take comments to Docket Operations in 
Room W12-140 of the West Building Ground Floor at 1200 New Jersey 
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays.
    * Fax: Fax comments to Docket Operations at (202) 493-2251.
    Docket: Background documents or comments received may be read at 
www.regulations.gov at any time. Follow the online instructions for 
accessing the docket or go to the Docket Operations in Room W12-140 of 
the West Building Ground Floor at 1200 New Jersey Avenue SE, 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.
    FAA Order JO 7400.11G, Airspace Designations and Reporting Points, 
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. For further information, you can contact the 
Rules and Regulations Group, Federal Aviation Administration, 800 
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Brian Vidis, 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 would modify the airspace structure as necessary to 
enhance the safe and efficient flow of air traffic within the 
Harrisburg, PA, terminal area.

Comments Invited

    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or views. Comments are 
specifically invited on the overall regulatory, aeronautical, economic, 
environmental, and energy-related aspects of the proposal. The most 
helpful comments reference a specific portion of the proposal, explain 
the reason for any recommended change, and include supporting data. To 
ensure the docket does not contain duplicate comments, commenters 
should submit only one time if comments are filed electronically, or 
commenters should send only one copy of written comments if comments 
are filed in writing.
    The FAA will file in the docket all comments it receives, as well 
as a report summarizing each substantive public

[[Page 54504]]

contact with FAA personnel concerning this proposed rulemaking. Before 
acting on this proposal, the FAA will consider all comments it receives 
on or before the closing date for comments. The FAA will consider 
comments filed after the comment period has closed if it is possible to 
do so without incurring expense or delay. The FAA may change this 
proposal in light of the comments it receives.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments 
from the public to better inform its rulemaking process. DOT posts 
these comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

Availability of Rulemaking Documents

    An electronic copy of this document may be downloaded through the 
internet at www.regulations.gov. Recently published rulemaking 
documents can also be accessed through the FAA's web page at 
www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any 
comments received and any final disposition in person in the Dockets 
Operations office (see ADDRESSES section for address, phone number, and 
hours of operations). 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 Avenue, 
College Park, GA 30337.

Incorporation by Reference

    Class C airspace areas and Class D airspace areas are published in 
paragraphs 4000 and 5000, respectively, of FAA Order JO 7400.11G, 
Airspace Designations and Reporting Points, which is incorporated by 
reference in 14 CFR 71.1 on an annual basis. This document proposes to 
amend the current version of that order, FAA Order JO 7400.11G, dated 
August 19, 2022, and effective September 15, 2022. These updates would 
be published in the next update to FAA Order JO 7400.11. That order is 
publicly available as listed in the ADDRESSES section of this document.
    FAA Order JO 7400.11G lists Class A, B, C, D, and E airspace areas, 
air traffic service routes, and reporting points.

Background

    Harrisburg International Airport (MDT) is located 8 miles southeast 
of the city of Harrisburg, PA. Capital City Airport (CXY) is located 
approximately 3.5 miles northwest of MDT. The MDT Airport Traffic 
Control Tower (ATCT) consists of a combined tower and Terminal Radar 
Approach Control (TRACON) facility operating 24 hours a day. CXY has a 
part-time ATCT that operates 0700 to 2100 local time, daily. Class D 
airspace, extending from the surface to and including 2,800 feet above 
mean sea level (MSL), surrounds both airports. During times when the 
CXY ATCT is closed, the CXY Class D airspace reverts to a Class E 
surface area.
    A Terminal Radar Service Area (TRSA) overlies the two contiguous 
Class D airspace areas and extends approximately 15 nautical miles (NM) 
east and west of MDT, within the TRACON's delegated airspace.
    The airspace surrounding MDT and CXY is complex and congested due 
to the location and uniqueness of the two airport configurations. There 
are five airports with operational ATCTs in and around the MDT terminal 
area. There are 11 non-towered satellite airports, and 5 hospital 
heliports with instrument approach procedures under the jurisdiction of 
MDT ATCT. Restricted Area R-5802 is located approximately 11 NM 
northeast of MDT. R-5802 is in use nearly every day, and MDT ATCT 
frequently controls military aircraft into and out of that airspace.
    Pilots operating under visual flight rules (VFR) frequently 
navigate above the MDT and CXY Class D airspace areas by following very 
popular routes created by the Susquehanna River and the various 
interstate highways interspersed throughout the area. Due to their 
proximity, aircraft operations at MDT and CXY may penetrate the current 
Class D airspace boundaries of the other. Consequently, air traffic 
control (ATC) must often sequence and separate the aircraft landing and 
departing MDT and CXY as if they were a single airport.
    The runway configurations at MDT and CXY, plus the proximity to 
other airports, local geography, restricted airspace, flight training, 
skydiving, and the mix of jet and propeller aircraft combine to make 
the airspace in the MDT terminal area a web of intersecting flight 
paths. Additionally, significant numbers of VFR aircraft, which are not 
in contact with ATC, operate throughout the MDT and CXY terminal area. 
Without such communications, air traffic controllers are unaware of 
nonparticipating pilots' intentions. Heading and/or altitude changes 
made by nonparticipating VFR aircraft are unpredictable, and this often 
requires controllers to take action to avoid possible conflicts with 
other aircraft under their control. With the current airspace 
configuration, there is no requirement for VFR pilots to contact ATC 
when operating beyond the boundaries of the MDT and CXY Class D 
airspace areas.

Class C Airspace and Terminal Radar Service Areas (TRSA)

    Class C airspace areas are designated under Title 14, Code of 
Federal Regulations (CFR) part 71 rulemaking to improve aviation safety 
by reducing the risk of midair collisions in the terminal area and 
enhancing the management of air traffic operations therein. Class C 
airspace is designed to keep ATC informed of all aircraft operating 
within the Class C airspace. Pilots are required to establish two-way 
radio communications with ATC prior to entering Class C airspace, and 
they must maintain communications while operating in Class C airspace. 
In addition, pursuant to 14 CFR part 91, no person may operate an 
aircraft in Class C airspace unless the aircraft is equipped with an 
operational transponder and Automatic Dependent Surveillance--Broadcast 
(ADS-B) Out.
    TRSAs are not officially designated by airspace rulemaking action. 
They are not incorporated in 14 CFR part 71, nor are there any TRSA-
specific operating rules in 14 CFR part 91. TRSAs are established 
around designated airports where ATC provides radar vectoring, 
sequencing, and separation services on a full-time basis for all 
instrument flight rules (IFR) and participating VFR aircraft. Pilots 
operating under VFR are encouraged to contact ATC to avail themselves 
of TRSA services. However, VFR pilot participation in TRSA services is 
voluntary. The limitations of the TRSA (e.g., voluntary participation 
by VFR pilots) often contributes to nonparticipating VFR aircraft 
coming in direct conflict with higher-performance jets landing or 
departing MDT or CXY.

Need for Class C Airspace at MDT

    To qualify for Class C airspace, an airport must be served by an 
operational ATCT and a radar approach control; and meet one of the 
following criteria:
    An annual instrument operations count of 75,000 at the primary 
airport; or
    An annual instrument operations count of 100,000 at the primary and 
secondary airports; or
    An annual count of 250,000 enplaned passengers at the primary 
airport.
    MDT qualifies as a candidate for Class C airspace based on its 
annual enplaned passenger count. MDT's enplaned passenger count for 
calendar year (CY) 2021 (the latest year for which validated

[[Page 54505]]

figures are available) was 512,251. This figure represents a 64.05% 
increase over CY 2020 numbers. Other factors considered are traffic 
volume, airspace complexity, and the potential for midair collision in 
the terminal area.
    The existing TRSA does not adequately support the volume and 
diversity of aircraft operating in the congested MDT terminal area. 
Currently, there is no requirement for VFR pilots to establish radio 
contact with ATC outside of the existing MDT and CXY Class D airspace 
areas. Since participation in TRSA services is voluntary on the part of 
VFR pilots, the TRSA does not provide ATC with an adequate level of 
flight information or control required to segregate IFR and VFR 
aircraft operating in this complex airspace environment. VFR aircraft 
that are not in contact with ATC routinely operate in the area, and in 
so doing they cross MDT and CXY arrival and departure corridors and/or 
make unexpected heading and/or altitude changes. These aircraft 
frequently operate at altitudes that may conflict with aircraft 
arriving or departing MDT. As a result, IFR aircraft must alter their 
flight path or altitude thereby disrupting the orderly flow of MDT 
arrivals or departures. Additionally, air traffic controller workload 
is increased due to the need for additional vectoring or altitude 
changes of MDT arrivals and departures to ensure separation from the 
unknown VFR aircraft that are not communicating with ATC. Under this 
proposal, those VFR aircraft operating in the vicinity of the MDT 
arrival and departure corridors would be required to establish contact 
with ATC to ensure controllers are aware of pilots' intentions and 
promote increased safety and efficiency.

Benefits of Class C Airspace

    All pilots would benefit from the enhanced safety provided by Class 
C services, which include separation, traffic advisories, and safety 
alerts. In addition, Class C airspace would:

--Enhance safety by lessening the likelihood of MDT arrivals and 
departures encountering unknown aircraft that are not in contact with 
ATC, thereby reducing the potential for midair collision;
--Reduce air traffic controller workload by lessening the need for 
additional vectoring of arrivals and departures to avoid conflicts with 
unknown VFR aircraft; and
--Minimize disruptions to the orderly flow of arrivals and departures 
to ensure pilots can fly stabilized approaches during a critical phase 
of flight.

Pre-NPRM Public Input

    In 2019, the FAA initiated action to form an Ad Hoc Committee 
(Committee) to seek input and recommendations from representatives of 
affected aviation users for the FAA to consider in designing a proposed 
Class C airspace area at MDT. The Committee consisted of a diverse 
sampling of local aviation users, including representatives from the 
Pennsylvania Bureau of Aviation, Susquehanna Area Regional Airport 
Authority (SARAA), local airports and flight schools, Piedmont 
Airlines, the Experimental Aircraft Association (EAA), Life Lion 
Emergency Medical Services, and Corporate Flight Departments.

Ad Hoc Committee Recommendations

    The Committee met throughout 2020 and submitted its report to the 
FAA in February 2021. The committee made a counterproposal to the 
traditional circular Class C shape being considered by the FAA. The 
Committee's design consists of a surface area generally within a 5 NM 
radius of MDT; and a rectangular shape aligned primarily along MDT's 
runway 13/31 approach/departure corridors extending 15 NM northwest and 
southeast of MDT. The FAA studied the Committee's design and determined 
that it would meet the needs of enhanced safety and efficiency in the 
MDT terminal area and would actually lessen the impact on satellite 
airports as opposed to the preliminary circular design. The FAA 
proposes to adopt the Committee's design as described in this proposal.
    The Committee recommended that the CXY ATCT operating hours be 
extended from the current 0700 to 2100, local time, to 0600 to 2200, 
local time, at least from April through September, to mitigate the 
potential for conflicts between CXY traffic and MDT arrivals and 
departures. When the CXY ATCT is closed, the CXY Class D airspace 
reverts to Class E airspace. MDT Approach Control provides services and 
has radio communications coverage with aircraft on the ground at CXY. 
Pilots at CXY could contact MDT Approach prior to departure to request 
entry into the Class C airspace.
    The decision to change the ATCT operating hours is governed by a 
separate, stand-alone process, and is outside the scope of this 
rulemaking action. However, the FAA believes that the proposed Class C 
airspace would provide adequate space for CXY operations while 
enhancing safety for operations into and out of MDT.
    The Committee expressed concern that the current TRSA allows 
nonparticipating aircraft to loiter or transition through the MDT 
arrival and departure corridors creating conflicts between IFR and 
nonparticipating VFR aircraft.
    The proposed Class C airspace would require all aircraft to 
establish radio communications with ATC before entering the airspace, 
and to maintain communications while operating in the airspace. This 
would ensure that controllers are aware of, and would provide Class C 
services to, all aircraft operating in the Class C airspace thereby 
reducing the potential for conflicts with unknown aircraft.
    The Committee emphasized that the Class C design should minimize 
the impact on CXY and other satellite airport operations.
    The proposed design includes a cutout within a 1.5 NM radius 
northeast of CXY, and a shelf on the southwest side of the Class C 
surface area to accommodate CXY operations beyond the lateral boundary 
or beneath Class C airspace. The proposed 2,600-foot Class C floor, 
over and southwest of CXY, would allow CXY traffic to arrive and depart 
beneath the Class C airspace shelf away from MDT traffic flows. This 
design would provide adequate space to permit operations by pilots who 
do not wish to receive Class C services, or aircraft not properly 
equipped to enter that airspace while providing enhanced safety for 
operations into and out of MDT. There were also concerns that the CXY 
ATCT may extend aircraft in the runway 30 traffic pattern into the MDT 
Class C airspace for spacing. CXY ATCT will adjust the upwind/downwind 
traffic pattern legs as needed to keep those aircraft clear of the 
Class C. To accommodate non-participating aircraft (including aircraft 
not equipped with ADS-B Out) operating to/from CXY runway 08, the 
proposed class C design excludes a 1.5 NM radius around CXY from the 
Class C surface area northeast of CXY airport. This exclusion would 
allow operations to/from runway 08 without entering Class C airspace. 
The proposed Class C design would enable operations at CXY to continue 
largely unchanged. When the CXY ATCT is closed, pilots departing CXY to 
the east who wish to enter Class C airspace may contact MDT Approach 
prior to takeoff or establish communications with Approach before 
entering the Class C area.
    Regarding the various satellite airports in the vicinity of MDT, 
only Donegal Springs airport (N71) lies beneath a Class C shelf (2,100 
feet MSL). The shelf also allows non-ADS-B equipped aircraft to operate 
into and out of LNS without entering Class C

[[Page 54506]]

airspace. MDT will continue supporting the aerobatic box and skydiving 
operations at N71. Where necessary, a letter of agreement (LOA) with 
the stakeholders will be developed to define the procedures for these 
operations in Class C airspace.
    The Committee expressed concern that aircraft operating into and 
out of CXY during times when the CXY ATCT closes could conflict with 
MDT traffic and VFR nonparticipating traffic.
    The proposed airspace design provides sufficient protection for 
existing flight patterns, including the extended downwind and final 
flight paths of heavy aircraft that routinely operate to and from MDT. 
The flight paths into and out of VFR airports located outside of the 
proposed Class C remain accessible to nonparticipating aircraft.
    The Committee suggested that visual landmarks be associated with 
the Class C boundaries to assist pilots identifying the boundaries or 
maintaining clearance from the Class C airspace.
    The proposed boundaries are situated near a number of visual 
landmarks to assist pilots with boundary identification. For example, 
the ``S turn'' in the Susquehanna River and the ridgeline identifies 
the northwestern airspace boundary. Founders Hall is a notable landmark 
used when operating at Reigle Field (58N). It lies just north of the 
northern lateral boundary of the Class C airspace. Other boundaries are 
configured so that major highways, such as the Pennsylvania Turnpike, 
I-81, and Carlisle Pike can be used to reference the airspace 
boundaries visually. In addition, bridges over the Susquehanna River, 
and other landmarks such as Roundtop Ski Mountain, and Pinchot Lake are 
also available to mark the southern boundary of Class C airspace. These 
landmarks, in combination with the various Class C shelves, would 
assist pilots seeking to avoid the Class C airspace.

Discussion of Informal Airspace Meeting Comments

    As announced in the Federal Register on June 4, 2021, the FAA held 
an informal airspace meeting on August 18, 2021 (86 FR 29969). The 
meeting was held virtually via the Zoom platform and was simultaneously 
broadcast on the FAA's Facebook and YouTube channels. A total of 103 
people logged into the Zoom meeting. The meeting was also advertised 
through the FAA's Flight Standards FAA Safety Team (FAAST) distribution 
list. The purpose of the meeting was to provide interested airspace 
users with an opportunity to present their views and offer 
recommendations regarding the proposed establishment of Class C 
airspace at MDT. The meeting began with a presentation of the proposed 
Class C airspace by the MDT Air Traffic Manager. Eight attendees 
offered comments at the meeting. Four of the eight speakers expressed 
support for the Class C proposal. One of the eight opposed the MDT 
Class C establishment based on the aircraft equipage requirements. 
Three of the eight asked questions rather than making a presentation. 
The following topics were discussed.
    Attendees expressed concern that the requirement to equip aircraft 
with ADS-B Out for flight within Class C airspace would exclude many 
operators from access to the airspace. Commenters stated that pilots 
operating non-ADS-B equipped aircraft should be given reasonable 
opportunity to access Class C airspace, such as via LOAs.
    In order to ensure access for all operators, the proposed Class C 
configuration accommodates aircraft not equipped with ADS-B by 
including various shelves designed to allow pilots to navigate through 
the area and access airports, while remaining outside Class C airspace. 
The FAA designed the shelves and area boundaries to lessen the impact 
on satellite airports. Generally, aircraft not equipped with ADS-B Out 
would be required to fly around or below the proposed Class C airspace.
    ADS-B Out is a key component in the FAA's multibillion-dollar Next 
Generation Air Transportation System (NextGen) program. NextGen is 
designed to modernize the U.S. National Airspace System (NAS) in order 
to meet future demand, reduce delays, and improve safety. ADS-B 
provides more accurate information to air traffic controllers and 
pilots. The FAA mandated the requirement for ABS-B Out equipage in 
Class C airspace by rulemaking in 14 CFR part 91.\1\
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    \1\ Automatic Dependent Surveillance-Broadcast (ADS-B) Out 
Performance Requirements to Support Air Traffic Control (ATC) 
Service, Final Rule, 75 FR 30193 (May 28, 2010).
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    Attendees were also concerned that establishing Class C airspace 
may cause a reduction in flight training and loss of business in the 
MDT area. Additionally, attendees expressed that the Class C might 
discourage pilots from other airports who come to this airspace to gain 
experience operating with both ATCTs and approach control facilities.
    The FAA does not agree. For aircraft capable of operating in Class 
C airspace, there would be few operational differences, thus no impact. 
For aircraft not equipped to fly in Class C airspace, Class C 
developers gave special consideration to the dimensions and altitudes 
of the proposed airspace to ensure operators can fly the ILS runway 08 
approach at CXY, and the ILS runway 08 at LNS without entering Class C 
airspace. Area Navigation (RNAV) approaches at Donegal Springs Airpark 
(N71) and Carlisle Airport (N94) are also outside of Class C. However, 
the RNAV runway 26 at CXY and the RNAV-A approach at Reigle Field (58N) 
are in Class C airspace because they conflict with MDT arrivals and 
departures. Alternatively, many other nearby airports such as York 
(THV), Lancaster (LNS), and Reading (RDG), have instrument approaches 
that can be used for flight training or alternates to MDT. Considering 
the 2,600-foot Class C shelf over and southwest of CXY, student pilots 
should be able to continue receiving similar training at CXY as they do 
today without having to enter Class C airspace. The establishment of 
Class C airspace at MDT could increase local training possibilities by 
providing students with the opportunity to learn and operate in Class C 
as well as Class D airspace. This experience could also be beneficial 
to pilots planning flights to Class C airports beyond the MDT terminal 
area.
    A student pilot was concerned about the impact to flight training 
of the 2,100 and 2,600-foot Class C shelves above the Carlisle practice 
area, an area heavily used for ground reference maneuvers and flight 
training. The pilot was concerned the shelves could cause aircraft 
attempting to avoid the Class C airspace to further congest the 
training area and potentially force aircraft to fly low over populated 
areas.
    The Carlisle practice area has no published or defined boundaries. 
It is a locally used, unofficial designation that helps pilots 
communicate their intentions to ATC. MDT Approach Control is familiar 
with the area and provides services, such as traffic advisories, in the 
Carlisle practice area today. ATC typically considers the Carlisle 
practice area to be west of Carlisle airport (N94), which is already 
west of the proposed Class C airspace. The area west of a straight line 
between N94 and the Harrisburg Very High Frequency (VHF) 
Omnidirectional Range/Tactical Air Navigation (VORTAC) is beyond the 
lateral boundaries of the proposed Class C and is safe for flight 
training. Aircraft performing maneuvers in the practice area should 
remain west of the proposed Class C airspace to remain safely separated 
from aircraft arriving and departing CXY and MDT. Pilots who

[[Page 54507]]

wish to operate in the western portion of the proposed Class C would be 
permitted to do so when in communication with ATC.
    Several commenters were concerned about the proposed Class C 
airspace effects on CXY's traffic pattern operations. They noted that 
frequently, CXY ATCT extends the downwind leg for runway 30 beyond the 
boundary of CXY's Class D airspace and into MDT's Class D airspace. 
Currently, this is coordinated between controllers at CXY and MDT. 
However, with the proposed Class C airspace at MDT, pilots might worry 
about entering the Class C airspace without the required equipment, and 
possibly receive a violation, or pilots could put themselves in an 
unsafe position trying to avoid the airspace. Another concern was being 
directed to make a right 360-degree turn over elevated terrain and 
antennas south of CXY near the 1,500-foot MSL traffic pattern altitude.
    MDT ATCT conducted a study of the CXY runway 30 operation. They 
reviewed 100 hours of recordings from a sampling of 7 different days 
that were selected due to their high traffic count and likelihood of 
congestion. During the study period, more than 250 operations were 
conducted to/from runway 30. Of the 250, only 7 aircraft were extended 
beyond the CXY Class D boundary. Three of the 7 aircraft performed a 
360-degree turn on the downwind leg prior to extending beyond the CXY 
Class D airspace. Pilots continue to perform this maneuver in the 
airspace today. The FAA does not anticipate that the airspace change 
from Class D to Class C will impact the safety of a pilot's ability to 
perform that maneuver. MDT and CXY ATCTs have no safety concerns with 
the traffic pattern operations for CXY runway 12/30. The traffic 
pattern operation will not change nor be affected by the proposed Class 
C airspace. Regarding ATC extending an aircraft into the Class C 
airspace, as stipulated in 14 CFR part 91, no person may operate an 
aircraft contrary to an ATC instruction, except in an emergency. Also, 
any pilot who is uncomfortable with flying in proximity to the tall 
antennas south of CXY can be provided alternate instructions (e.g., 
extend upwind or downwind).
    Another commenter noted that the published missed approach 
procedure for the CXY ILS runway 08 approach would enter the proposed 
Class C airspace.
    Currently, during normal operations, ATC does not assign the 
published missed approach procedure for the ILS runway 08 approach. 
Instead, ATC routinely issues alternate missed approach instructions in 
order to de-conflict the CXY runway 08 missed approach segment from 
aircraft executing the ILS runway 13 approach at MDT, and MDT runway 13 
departures that are turning outbound to the northwest. Pilots can 
expect a west or south turn out at the HORVI intersection identical to 
the standard procedures used today. ATC will issue these instructions 
regardless of whether the CXY ATCT is open or closed. Additionally, VFR 
aircraft conducting a practice instrument approach to CXY runway 08 are 
not authorized to fly the published missed approach unless approved by 
ATC. Other segments of the CXY ILS runway 08 approach remain beyond 
Class C airspace; thus, the approach is still available to non-ADS-B 
equipped aircraft with the assigned the alternate climb-out 
instructions.
    Several commenters believed that the low floors of the proposed 
Class C airspace shelves could potentially force aircraft to fly low 
over heavily populated areas. They stated that requiring aircraft to 
maneuver at low altitudes under the shelves is concerning. Having 
additional altitude would provide pilots with more time to make 
decisions, especially in emergency situations.
    While the FAA recognizes that flying at higher altitudes increases 
the time to respond to an unexpected emergency situation, the FAA 
developed the Class C shelf floors in the proposed design as high as 
possible to enable the most access to nonparticipating aircraft while 
retaining the margin of safety required between participating aircraft 
and those transitioning under the Class C airspace. The shelves in the 
proposed design permit safe flight in compliance with 14 CFR part 91. 
The proposed Class C configuration does not obligate any pilot to fly 
at a lower altitude or in an unsafe manner. Ultimately, it is the 
pilot's responsibility to evaluate all factors that could affect a 
planned flight and determine the safest course of action, whether that 
be circumnavigating the Class C, flying beneath the area, or 
establishing communication with ATC to enter the Class C and receive 
ATC services. The proposed Class C airspace would increase safety by 
reducing the risk of midair collision in the terminal area. The change 
would also ensure that aircraft choosing not to participate in Class C 
services remain safe and segregated from other aircraft operating in 
the congested airspace around MDT.
    Two pilots were concerned about the proposed airspace change at MDT 
from Class D to Class C. One pilot suggested that the FAA consider 
expanding the MDT Class D airspace as an alternative to establishing 
Class C airspace. That would provide the required communication with 
ATC without imposing the equipment mandates associated with Class C 
airspace.
    Class D airspace is designated to provide controlled airspace for 
terminal VFR and IFR operations at airports having an operational ATCT. 
While Class D airspace does require communication with ATC, Class D 
services do not include radar traffic advisories and separation 
services that are provided in Class C airspace. A large, expanded Class 
D airspace around MDT, as suggested, would be contrary to the criteria 
for establishing Class D airspace, and would not facilitate the ATC 
services provided in Class C airspace that are essential to reducing 
the potential for midair collision in the busy MDT terminal area. 
Therefore, the FAA is unable to adopt the suggestion for an expanded 
Class D airspace area at MDT.
    Two aviation organizations commended the collaborative approach the 
FAA used in this proposal process but stated that many of their members 
remain unaware of the proposed establishment of Class C airspace at 
MDT. They recommended wider communications to the local community.
    The FAA's outreach efforts regarding the proposed MDT Class C 
airspace are described in the Ad Hoc Committee and Informal Airspace 
Meeting sections of this notice. A recording of the Informal Airspace 
Meeting is available for the public to watch on the FAA's YouTube 
channel at www.faa.gov/air_traffic/community_engagement/mdt/. 
Additionally, this NPRM establishes a 60-day comment period during 
which the public can submit their views about the proposal. The FAA 
will continue to publicize the proposal and remains receptive to 
feedback.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 to establish 
Class C airspace at MDT and remove the existing Class D airspace area 
at MDT. The latitude/longitude coordinates for the MDT and CXY airport 
reference points (ARP) would be updated to reflect the current Airport 
Master Records data. Also, the existing MDT TRSA would be removed and 
replaced by the Class C airspace area. The FAA is proposing this action 
to enhance the safe and efficient use of airspace and reduce the risk 
of midair collision in the MDT terminal area (see the attached chart).
    The proposed Class C airspace area would consist of six sub-areas 
identified

[[Page 54508]]

by the letters A through F, described as follows:
    Area A: Area A would extend from the surface up to 4,400 feet MSL 
within a 5 NM radius of MDT, except for that portion described as Area 
E, below, and excluding that area within a 1.5 NM radius of CXY, 
northeast of the airport. Area A would replace the existing Class D 
airspace at MDT.
    Area B: Area B would extend from 1,600 feet MSL up to 4,400 feet 
MSL. It would consist of that airspace within 3.5 miles either side of 
the 117[deg] bearing from MDT, between the 5 mile and 10-mile radii 
from MDT.
    Area C: Area C would extend from 1,600 feet MSL up to 4,400 feet 
MSL. It would be located northwest of MDT between the 5- and 10-mile 
radii of MDT and bounded on the south side by Area E. Area C would 
overlie a portion of the CXY Class D airspace area.
    Area D: Area D would extend from 2,100 feet MSL up to 4,400 feet 
MSL. Area D would be bounded as follows: on the northwest end by the 
15-mile radius of MDT northwest of MDT; on the northeast side by a line 
extending from the intersection of the 15-mile radius of MDT and the 
MDT's 325[deg] bearing, direct to the intersection of MDT's 089[deg] 
bearing and the 15-mile radius of MDT southeast of MDT; and on the 
southwest side, by a line extending from lat. 40[deg]01'45'' N, long. 
76[deg]40'43'' W, to lat. 40[deg]05'32'' N, long. 76[deg]50'21'' W, 
excluding the airspace contained in Areas A, B, C, E, and F. Area D's 
2,100-foot floor would create a shelf in the vicinity of Donegal 
Springs Airpark (N71) allowing for operations beneath the Class C 
airspace.
    Area E: Area E would extend from 2,600 feet MSL up to 4,400 feet 
MSL south and west of CXY. Area E would overlie part of the CXY Class D 
airspace area to the south and west of CXY. Area E would allow aircraft 
to operate to and from CXY without the need for pilots to enter Class C 
airspace.
    Area F: Area F would extend from 2,600 feet MSL up to 4,400 feet 
MSL. The proposed Area F floor creates a shelf below which pilots could 
fly instrument approaches to Lancaster Airport (LNS) runway 08, without 
having to enter Class C airspace.
    Full descriptions of the MDT Class C subareas are listed in the 
amendments to part 71 set forth below.
    The FAA believes that all users would benefit from participation in 
the proposed Class C services around MDT, which include sequencing of 
all aircraft to the primary airport; standard IFR services to IFR 
aircraft; separation, traffic advisories, and safety alerts between IFR 
and VFR aircraft; and mandatory traffic advisories and safety alerts 
between VFR aircraft.
    The FAA strongly recommends that pilots participate in the Class C 
airspace and receive ATC services. Communication with ATC is critical 
in order to provide controllers with awareness of a pilot's intended 
flight path. With that predictability, ATC can issue safe, logical 
instructions to ensure the safety of all participating aircraft.
    As previously stated, the MDT Class D airspace area and the MDT 
TRSA would be removed under this proposal. Any required amendments to 
the CXY Class D airspace and the CXY Class E surface area would be 
addressed in a separate rulemaking 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. The FAA has determined that 
there is no new information collection requirement associated with this 
proposed rule.

Regulatory Notices and Analyses

    Regulatory Notices and Analyses Changes to Federal regulations must 
undergo several economic analyses. 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 $177 
million, using the most current (2022) Implicit Price Deflator for the 
Gross Domestic Product.
    In conducting these analyses, the FAA has determined that this 
proposed rule: (1) is expected to have a minimal cost impact, (2) is 
not a ``significant regulatory action'' as defined in section 3(f) of 
Executive Order 12866, (3) is not significant under DOT's 
administrative procedure rule on rulemaking at 49 CFR 5.13; (4) not 
have a significant economic impact on a substantial number of small 
entities; (5) does not create unnecessary obstacles to the foreign 
commerce of the United States; and (6) does not impose an unfunded 
mandate on state, local, or tribal governments, or on the private 
sector by exceeding the threshold identified above. These analyses are 
summarized below.
    This action proposes to establish Class C airspace at MDT in place 
of the existing Class D airspace at MDT. The latitude/longitude 
coordinates for the MDT and CXY ARP would be updated to reflect the 
current Airport Master Records data. Also, the existing MDT TRSA would 
be removed and replaced by the Class C airspace area.
    The airspace surrounding MDT and CXY is heavily trafficked due to 
the five airports with operational ATCTs in and around the MDT terminal 
area. In addition, 11 non-towered satellite airports, 5 hospital 
heliports, and military aircraft nearby contribute to the increasing 
traffic. The FAA determined that changes in this proposed rule would 
enhance the efficient management of air traffic operations and reduce 
the potential for midair collision in the MDT terminal area. The 
proposal would reduce air traffic controller workloads by lessening the 
need for additional vectoring of arrivals and departures to avoid 
conflicts with unknown VFR aircraft and minimize disruptions to the 
orderly flow of arrivals and departures to ensure pilots can fly 
stabilized approaches during a critical phase of flight. Pilots would 
also benefit from the enhanced safety provided by Class C services that 
include separation, traffic advisories, and safety alerts.
    The FAA considered and accepted recommendations from an Ad Hoc 
Committee and informal airspace meetings from stakeholders. The 
committee made a counterproposal to the traditional circular Class C 
shape being considered by the FAA. The Committee's design consists of a 
surface area generally within a 5 NM radius of MDT; and a rectangular 
shape aligned primarily along MDT's runway 13-31 approach/departure 
corridors and extending 15 NM northwest and southeast of MDT. The FAA 
studied Committee's design and determined that it would meet the needs 
of enhanced safety and efficiency in the MDT terminal area and would 
lessen the

[[Page 54509]]

impact on satellite airports as opposed to the preliminary circular 
design.
    Class C airspace areas are designated under 14 CFR part 71 
rulemaking to improve aviation safety by reducing the risk of midair 
collisions in the terminal area and enhancing the management of air 
traffic operations therein. Class C airspace is designed to keep ATC 
informed of all aircraft operating within the Class C airspace. Pilots 
are required to establish two-way radio communications with ATC prior 
to entering Class C airspace, and they must maintain communications 
while operating in Class C airspace. In addition, pursuant to 14 CFR 
part 91, no person may operate an aircraft in Class C airspace unless 
the aircraft is equipped with an operational transponder and ADS-B Out. 
VFR operators would only need to make minor adjustments to accommodate 
the proposed Class C airspace by flying under or around it. Therefore, 
the FAA expects the proposal would result in minimal cost to VFR 
operators. The FAA requests comments on the benefits and costs of this 
proposal to inform the final rule.

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 it will, it 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 proposed rule would replace Class D airspace with Class C 
airspace at MDT. The FAA is proposing this action to enhance the 
efficient management of air traffic operations and reduce the potential 
for midair collision in the MDT terminal area. The change would affect 
general aviation operators using the proposed Class C airspace. 
Operators flying VFR would need to make small adjustments to their 
flight paths to avoid the modified Class C airspace, so pilots could 
operate without contacting ATC. Additionally, some VFR operators are 
currently doing so to avoid heavy traffic. Therefore, as provided in 
section 605(b), the head of the FAA certifies that this rulemaking 
would 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 proposed rule and determined that 
it would improve safety and is consistent with the Trade Agreements 
Act.

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 $177 million in $100 million. This 
proposed rule does not contain such a mandate; therefore, the 
requirements of Title II of the Act do not apply.

Environmental Review

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

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

0
1. The authority citation for 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 the Federal 
Aviation Administration Order JO 7400.11G, Airspace Designations and 
Reporting Points, dated August 19, 2022, and effective September 15, 
2022, is amended as follows:

Paragraph 4000 Subpart C-Class C Airspace.

* * * * *

AEA PA C Harrisburg, PA [New]

Harrisburg International Airport, PA
    (Lat. 40[deg]11'35'' N, long. 76[deg]45'45'' W)
Capital City Airport
    (Lat. 40[deg]13'02'' N, long. 76[deg]51'05'' W)

Boundaries

    Area A. That airspace extending upward from the surface to and 
including 4,400 feet MSL bounded by a line beginning at lat. 
40[deg]12'23'' N, long. 76[deg]48'37'' W, thence direct to the 
intersection of the Capital City Airport's 106[deg] bearing and 1.5-
mile radius, thence counterclockwise along the Capital City 
Airport's 1.5-mile radius to the Harrisburg International Airport's 
5-mile radius, thence clockwise along the Harrisburg International 
Airport's 5-mile radius to the intersection of the 5-mile radius and 
a line bearing 191[deg] from a point at lat. 40[deg]12'23'' N, long. 
76[deg]48'37'' W, thence direct to the point of beginning.
    Area B. That airspace extending upward from 1,600 feet MSL to 
and including 4,400 feet MSL extending from the Harrisburg 
International Airport's 5-mile radius, and within 3.5 miles each 
side of the Harrisburg International Airport's 117[deg] bearing to 
the Harrisburg International Airport's 10-mile radius southeast of 
the Harrisburg International Airport.

[[Page 54510]]

    Area C. That airspace extending upward from 1,600 feet MSL to 
and including 4,400 feet MSL bounded by a line beginning at the 
intersection of the Capital City Airport's 106[deg] bearing and 1.5-
mile radius direct to lat. 40[deg]14'13'' N, long. 76[deg]53'23'' W 
direct to lat. 40[deg]14'12'' N, long. 76[deg]56'05'' W thence 
direct to lat. 40[deg]14'12'' N, long. 76[deg]58'22'' W, thence 
clockwise along the Harrisburg International Airport's 10-mile 
radius to lat. 40[deg]18'58'' N, long. 76[deg]54'35'' W, thence 
direct to the Harrisburg International Airport's 341[deg] bearing 
and the Harrisburg International Airport's 5-mile radius, thence 
counterclockwise along the Harrisburg International Airport's 5-mile 
radius to the intersection of the Capital City Airport's 1.5-mile 
radius, thence clockwise along the Capital City Airport's 1.5-mile 
radius to the point of beginning.
    Area D. That airspace extending upward from 2,100 feet MSL to 
and including 4,400 feet MSL, within an area bounded by a line 
beginning at lat. 40[deg]14'12'' N, long. 76[deg]58'22'' W, thence 
direct to lat. 40[deg]14'11'' N, long. 77[deg]05'03'' W, thence 
clockwise along the Harrisburg International Airport's 15-mile 
radius to the intersection of the Harrisburg International Airport's 
325[deg] bearing, thence direct to the intersection of Harrisburg 
International Airport's 089[deg] bearing and the Harrisburg 
International Airport's 15-mile radius, thence clockwise along the 
airport's 15-mile radius to the intersection of the Harrisburg 
International Airport's 113[deg] bearing, thence direct to lat. 
40[deg]01'45'' N, long. 76[deg]40'43'' W, thence direct to lat. 
40[deg]05'32'' N, long. 76[deg]50'21'' W, thence direct to lat. 
40[deg]12'23'' N, long. 76[deg]48'37'' W, thence direct to the point 
of beginning; excluding that airspace contained in Areas A, B, and 
C.
    Area E. That airspace extending upward from 2,600 feet MSL to 
and including 4,400 feet MSL bounded by a line beginning at lat. 
40[deg]12'23'' N, long. 76[deg]48'37'' W, thence direct to lat. 
40[deg]05'32'' N, long. 76[deg]50'21'' W, thence direct to the 
Harrisburg International Airport's 269[deg] bearing and Harrisburg 
International Airport's 15-mile radius, thence clockwise along the 
Harrisburg International Airport's 15-mile radius to lat. 
40[deg]14'11'' N, long. 77[deg]05'03'' W, thence direct to lat. 
40[deg]14'12'' N, long. 76[deg]58'22'' W thence direct to lat. 
40[deg]14'12'' N, long. 77[deg]56'05'' W, thence direct to lat. 
40[deg]14'13'' N, long. 76[deg]53'23'' W, thence direct to lat. 
40[deg]12'37'' N, long. 76[deg]49'12'' W, thence direct to the point 
of beginning.
    Area F. That airspace extending upward from 2,600 feet MSL to 
and including 4,400 feet MSL bounded by a line beginning at the 
intersection of the Harrisburg International Airport's 113[deg] 
bearing and the airport's 15-mile radius, thence clockwise along the 
Harrisburg International Airport's 15-mile radius to the 
intersection of the airports 145[deg] bearing and the airport's 15-
mile radius, thence direct to lat. 40[deg]01'45'' N, long. 
76[deg]40'43'' W, thence direct to the point of beginning.
* * * * *

Paragraph 5000--Subpart D--Class D Airspace

* * * * *

AEA PA D Harrisburg International Airport, PA [Removed]

* * * * *
BILLING CODE 4910-13-P
[GRAPHIC] [TIFF OMITTED] TP11AU23.000



[[Page 54511]]


    Issued in Washington, DC, on August 4, 2023.
Karen L. Chiodini,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2023-17074 Filed 8-10-23; 8:45 am]
BILLING CODE 4910-13-C