[Federal Register Volume 89, Number 97 (Friday, May 17, 2024)]
[Rules and Regulations]
[Pages 43305-43309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10612]



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 Rules and Regulations
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  Federal Register / Vol. 89, No. 97 / Friday, May 17, 2024 / Rules and 
Regulations  

[[Page 43305]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-1021; Airspace Docket No. 22-AWA-6]
RIN 2120-AA66


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action establishes Class C airspace and removes Class D 
airspace at the Harrisburg International Airport (MDT), PA. The Class C 
airspace created is larger than the existing Class D airspace at MDT 
and is described as areas A through F. In addition, the non-regulatory 
Terminal Radar Service Area (TRSA) is removed. The FAA is taking this 
action to enhance the efficient management of air traffic operations 
and reduce the potential for midair collision in the MDT terminal area.

DATES: Effective date 0901 UTC, July 11, 2024. 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 7400.11H, 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: 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 modifies terminal airspace as required to preserve the 
safe and efficient flow of air traffic in the Harrisburg, PA, area.

History

    The FAA published a notice of proposed rulemaking for Docket No. 
FAA-2023-1021 in the Federal Register (88 FR 54503; August 11, 2023) 
proposing to establish Class C airspace area surrounding MDT. 
Interested parties were invited to participate in this rulemaking 
effort by submitting written comments on the proposal. Four comments 
were received.

Discussion of Comments

    The FAA received anonymous comments supporting the establishment of 
the Harrisburg Class C airspace. Discussion of the other comments 
follows.
    One commenter supported the establishment of the Harrisburg Class C 
airspace. This comment also thanked the FAA for its efforts to ensure 
that the Class C rulemaking did not affect Capital City Airport (CXY), 
PA operations, notably the Runway 12/30 traffic pattern and CXY 
Instrument Landing System (ILS) runway 8 approach, for aircraft that do 
not meet Class C equipment requirements. This commenter also suggested 
revising the CXY Class E airspace descriptions in FAA Order JO 7400.11 
due to an apparent error.
    In response to the comment associated with operations at CXY, the 
FAA received neither comments nor proposals that would further restrict 
operations at CXY. Additionally, the FAA did not consider any amendment 
to the Class C airspace design as proposed in the NPRM. Further, the 
remainder of the comment is beyond the scope of this rulemaking, noting 
that the FAA proposed changes to the CXY Class D and Class E airspace 
via a separate action.\1\
---------------------------------------------------------------------------

    \1\ Amendment of Class D Airspace, Revocation of Class D 
Airspace, and Amendment of Class E Airspace, Harrisburg, PA, (88 FR 
54956; August 14, 2023).
---------------------------------------------------------------------------

    The last comment was received from Boeing, which identified a 
possible typographical error in the geographic point ``lat. 
40[deg]14'12'' N, long. 077[deg]56'05'' W'' listed in Area E of the 
Harrisburg Class C airspace description. The commenter indicated that 
this point would not create Area E as depicted in the graphic and 
believed that the geographic point should have been ``lat. 
40[deg]14'12'' N, long. 076[deg]56'05'' W''. The FAA reviewed the 
geographic coordinates in the proposed description of Area E and found 
that the geographic point published as ``lat. 40[deg]14'12'' N, long. 
077[deg]56'05'' W'' was in error and the correct geographic coordinates 
are ``lat. 40[deg]14'12'' N, long. 076[deg]56'05'' W''. The graphic in 
the NPRM used the correct geographic coordinates for Area E and 
correctly depicted the intended layout of the Harrisburg Class C 
airspace.

Differences From the NPRM

    Subsequent to publication of the NPRM, a commenter pointed out a 
typographical error in a geographic coordinate in Area E of the 
Harrisburg Class C airspace description. In Area E, the geographic 
point published as ``lat. 40[deg]14'12'' N, long. 077[deg]56'05'' W'' 
was in error and the correct geographic coordinates are ``lat. 
40[deg]14'12'' N, long. 076[deg]56'05'' W''. The geographic point in 
Area E is changed from ``lat. 40[deg]14'12''

[[Page 43306]]

N, long. 077[deg]56'05'' W'' to ``lat. 40[deg]14'12'' N, long. 
076[deg]56'05'' W''.
    Additionally, the FAA identified three boundary points that must be 
added to Area D of the Harrisburg Class C airspace description. These 
three additional boundary points are necessary to ensure that the 
boundary of Area D aligns with the boundaries of adjacent Area C and 
Area E. Adding these boundary points does not modify the external 
boundary of the Class C airspace but rather ensures that the internal 
boundaries of the airspace are coincident. The three boundary points 
that are added to Area D are lat. 40[deg]12'37'' N, long. 
076[deg]49'12'' W; lat. 40[deg]14'13'' N, long. 076[deg]53'23'' W; lat. 
40[deg]14'12'' N, long. 076[deg]56'05'' W. This final rule corrects 
these errors.

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 
7400.11H, dated August 11, 2023, and effective September 15, 2023. FAA 
Order JO 7400.11H 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 7400.11H 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 establishing Class C airspace 
and removing the existing Class D airspace area at the Harrisburg 
International Airport (MDT), PA. The latitude/longitude coordinates for 
the MDT and CXY airport reference points (ARP) are updated to reflect 
the current Airport Master Records data. Also, the existing MDT TRSA is 
removed and replaced by the Class C airspace area. The FAA is taking 
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 MDT Class C airspace area consists of six sub-areas identified 
by the letters A through F, described as follows:
    Area A: Area A extends from the surface up to 4,400 feet mean sea 
level (MSL) within a 5 nautical mile (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 replaces the 
existing Class D airspace at MDT.
    Area B: Area B extends from 1,600 feet MSL up to 4,400 feet MSL. It 
consists 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 extends from 1,600 feet MSL up to 4,400 feet MSL. It 
is located northwest of MDT between the 5-mile and 10-mile radii of MDT 
and bounded on the south side by Area E. Area C overlies a portion of 
the CXY Class D airspace area.
    Area D: Area D extends from 2,100 feet MSL up to 4,400 feet MSL. 
Area D is 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. 
076[deg]40'43'' W, to lat. 40[deg]05'32'' N, long. 076[deg]50'21'' W, 
excluding the airspace contained in Areas A, B, C, E, and F. Area D's 
2,100-foot floor creates a shelf in the vicinity of Donegal Springs 
Airpark (N71), allowing for operations beneath the Class C airspace.
    Area E: Area E extends from 2,600 feet MSL up to 4,400 feet MSL 
south and west of CXY. Area E overlays part of the CXY Class D airspace 
area to the south and west of CXY. Area E allows aircraft to operate to 
and from CXY without the need for pilots to enter Class C airspace.
    Area F: Area F extends from 2,600 feet MSL up to 4,400 feet MSL. 
The 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 below.

Regulatory Notices and Analyses

    The FAA considers the 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 the 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. 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 that may result in the 
expenditure by State, local, and tribal governments, in the aggregate, 
or by the private sector, of $100,000,000 or more (adjusted annually 
for inflation) in any one year. The current threshold after adjustment 
for inflation is $183 million using the most current (2023) Implicit 
Price Deflator for the Gross Domestic Product. This portion of the 
preamble presents the FAA's analysis of the economic impacts of this 
rule.
    In conducting these analyses, the FAA has determined that this 
rule: will have a minimal cost impact; is not a ``significant 
regulatory action'' as defined in section 3(f)(1) of Executive Order 
12866 as amended by Executive Order 14094; 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 the private sector.
    This final rule amends 14 CFR part 71 by establishing Class C 
airspace and removing the existing Class D airspace area at the MDT, 
PA. In addition, the non-regulatory TRSA is removed. The rule will 
affect pilots desiring to fly at their current altitudes in and above 
the Class C airspace. The existing Sec.  91.225 requires all planes to 
operate in Class C airspace to be equipped with Automatic Dependent 
Surveillance-Broadcast (ADS-B) Out equipment. Given that there is no 
Class C airspace at MDT, all planes that fly in and out of MDT must be 
equipped with ADS-B Out equipment in this airspace once the final rule 
goes into effect. However, the nearby Capital City Airport is about 
four miles from MDT and is not part of Class C airspace. The Capital 
City Airport could accommodate planes without ADS-B Out equipment.
    This rule affects pilots because two-way radio communications must 
be established prior to entering Class C airspace. Pilots who wish to 
fly without communicating with air traffic control will need to modify 
their altitude and/or route of flight by either flying above the 
ceiling, below the shelves, or circumnavigating the Class C airspace. 
The impact of the final rule will only involve a minimal amount of time 
to communicate with the air traffic control (ATC). Therefore, the final 
rule does not have a significant impact on the

[[Page 43307]]

industry. The FAA is taking this action to reduce the risk of midair 
collisions and enhance the efficient management of air traffic 
operations in the Harrisburg terminal area.

Regulatory Flexibility Act

    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 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.
    This final rule amends 14 CFR part 71 by establishing Class C 
airspace and removing the existing Class D airspace area at MDT. In 
addition, the non-regulatory TRSA is removed. The FAA is taking this 
action to reduce the risk of midair collisions and enhance the 
efficient management of air traffic operations at the MDT. The change 
affects general aviation operators using Class C airspace. The impact 
of the final rule will only involve a minimal amount of time for pilots 
to communicate with the ATC in Class C airspace. The objectives of 
these changes are to enhance safety and enable more efficient 
operations at the MDT without being burdensome to the industry. 
Therefore, as provided in section 605(b), the head of the FAA certifies 
that this rulemaking will 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 United States 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. The FAA has assessed the potential impact of this final 
rule and determined that it will 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 final rule will not result in 
the expenditure of $183 million or more by State, local, or tribal 
governments, in the aggregate, or the private sector, in any year. This 
final rule does not contain such a mandate; therefore, the Act does not 
apply.

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 
this final rule has no new information collection requirement.

Environmental Review

    The FAA has determined that this action of establishing Class C 
airspace and removing Class D airspace at the Harrisburg International 
Airport (MDT), PA 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 has 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 has 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 
7400.11H, Airspace Designations and Reporting Points, dated August 11, 
2023, and effective September 15, 2023, is amended as follows:

Paragraph 4000 Class C Airspace.

* * * * *

AEA PA C Harrisburg, PA [New]

Harrisburg International Airport, PA
    (Lat. 40[deg]11'35'' N, long. 076[deg]45'45'' W)
Capital City Airport, PA
    (Lat. 40[deg]13'02'' N, long. 076[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. 076[deg]48'37'' W; thence direct to the 
intersection of the Capital City

[[Page 43308]]

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. 076[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.
    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. 076[deg]53'23'' 
W, direct to lat. 40[deg]14'12'' N, long. 076[deg]56'05'' W; thence 
direct to lat. 40[deg]14'12'' N, long. 076[deg]58'22'' W; thence 
clockwise along the Harrisburg International Airport's 10-mile 
radius to lat. 40[deg]18'58'' N, long. 076[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 076[deg]58'22'' W; thence 
direct to lat. 40[deg]14'11'' N, long. 077[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. 076[deg]40'43'' W; thence direct to lat. 
40[deg]05'32'' N, long. 076[deg]50'21'' W; thence direct to lat. 
40[deg]12'23'' N, long. 076[deg]48'37'' W; thence direct to lat. 
40[deg]12'37'' N, long. 076[deg]49'12'' W; thence direct to lat. 
40[deg]14'13'' N, long. 076[deg]53'23'' W; thence direct to lat. 
40[deg]14'12'' N, long. 076[deg]56'05'' W; thence 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. 076[deg]48'37'' W; thence direct to lat. 
40[deg]05'32'' N, long. 076[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. 077[deg]05'03'' W; thence direct to lat. 
40[deg]14'12'' N, long. 076[deg]58'22'' W; thence direct to lat. 
40[deg]14'12'' N, long. 076[deg]56'05'' W; thence direct to lat. 
40[deg]14'13'' N, long. 076[deg]53'23'' W; thence direct to lat. 
40[deg]12'37'' N, long. 076[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. 
076[deg]40'43'' W; thence direct to the point of beginning.
* * * * *

Paragraph 5000 Class D Airspace

* * * * *

AEA PA D Harrisburg International Airport, PA [Removed]

* * * * *
[GRAPHIC] [TIFF OMITTED] TR17MY24.028



[[Page 43309]]


    Issued in Washington, DC, on May 9, 2024.
Frank Lias,
Manager, Rules and Regulations Group.
[FR Doc. 2024-10612 Filed 5-16-24; 8:45 am]
BILLING CODE 4910-13-P