[Federal Register Volume 76, Number 239 (Tuesday, December 13, 2011)]
[Rules and Regulations]
[Pages 77383-77386]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31847]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2011-0527; Airspace Docket No. 11-AWA-2]
Amendment of Class C Airspace; Palm Beach International Airport,
FL
AGENCY: Federal Aviation Administration (FAA), DOT.
[[Page 77384]]
ACTION: Final rule.
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SUMMARY: This action modifies the Palm Beach International Airport, FL,
Class C airspace area by raising the floor of Class C airspace over
Palm Beach County Park Airport. The FAA is taking this action to
enhance safety and increase the efficiency of air traffic operations in
the Palm Beach, FL, terminal area.
DATES: Effective Date: 0901 UTC, February 9, 2012. 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 7400.9 and
publication of conforming amendments.
FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace, Regulations
and ATC Procedures Group, Office of Airspace Services, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591;
telephone: (202) 267-8783.
SUPPLEMENTARY INFORMATION:
History
On June 21, 2011, the FAA published in the Federal Register a
notice of proposed rulemaking to modify the Palm Beach, FL, Class C
airspace area (76 FR 36014). Interested parties were invited to
participate in this rulemaking effort by submitting written comments on
the proposal. Five comments were received.
Discussion of Comments
Two commenters wrote in support of the proposal. Three commenters
suggested a larger expansion of the 1,600-foot mean sea level (MSL)
cutout area in the vicinity of Palm Beach County Park Airport (LNA)
than was proposed in the NPRM. The commenters said that further
expanding the cutout would benefit LNA traffic that primarily arrives
from, or departs to, the west and east of the airport. The commenters
believed that this would also allow more room for transient traffic not
under the control of Palm Beach Approach to maneuver, provide better
transit to the practice areas to the west and permit straight-out
departures from LNA for aircraft headed eastbound to the Bahama
Islands. The FAA considered these suggestions but determined that
expanding the cutout as requested is not possible due to the impact on
Palm Beach International Airport (PBI) traffic flows and the provision
of Class C services. Procedures for departures from PBI runways 10L/R
include dispersing aircraft headings for separation and to expedite
departures. Turboprop and prop departures climb to 1,500 feet to allow
the faster climbing jets to climb above. The dispersal headings vary
from 030 to 160 degrees and the southern most heading would exit Class
C airspace if the cutout was expanded. Additionally, accommodating PBI
arrivals to runways 28L/R (especially the shorter general aviation
runway) requires aircraft to basically line up with runway 32 (modified
base leg). These aircraft are vectored at 1,500 feet to allow a better
chance of seeing the airport while allowing vertical separation from
Instrument Flight Rules (IFR) traffic to runway 28L/R. PBI runway 32
allows for relief from runway 28L/R finals during busy periods. Runway
32 aircraft must be afforded Class C services while being vectored and
descending on final. PBI runway 14 departures are capped at 1,500 feet
to allow for crossing downwind runway 10R Visual Flight Rules traffic
at 2,000 feet and IFR aircraft at 3,000 feet. These departures also
require Class C services as they depart and start their climbs to
higher altitudes. Most aircraft departing LNA that are headed
northbound contact Palm Beach Approach for approval. When PBI is
landing/departing runways 10L/R and 14, the LNA departures are afforded
the opportunity to stay just east of the shoreline at 500 feet, fly one
mile off shore at 1,000 feet, or proceed overhead PBI at 2,000 feet.
They are also allowed to proceed west of PBI, depending on traffic.
When PBI is departing west (runways 28L/R and 32) aircraft are offered
overhead or following the intracoastal waterway at 2,000 feet to top
the arrivals into PBI. Regarding aircraft headed to the Bahama Islands,
most aircraft call Palm Beach Approach for advisories/flight following
due to the Atlantic Ocean crossing. These aircraft are rarely
restricted unless traffic becomes a factor. However, the ability to
turn/level off these aircraft affords Air Traffic Control the ability
to climb above them. Expanding the 1,600-foot cutout would reduce the
availability of Class C airspace and adversely affect the operations
discussed above.
The Rule
This action amends Title 14 Code of Federal Regulations (14 CFR)
part 71 by raising the floor of Class C airspace from 1,200 feet to
1,600 feet MSL within an area overlying, and to the south of, Palm
Beach County Park Airport (see attached chart). Raising the Class C
floor to 1,600 feet MSL enhances safety by providing additional
clearance between rotorcraft and fixed-wing aircraft entering the
traffic pattern at Palm Beach County Park Airport. This allows fixed-
wing aircraft entering the traffic pattern to safely overfly the
existing helicopter patterns and also allows Palm Beach County Park
Airport helicopter training activities to take place at higher
altitudes.
In addition, a minor correction is made to the latitude/longitude
coordinates of Palm Beach County Park Airport to reflect the current
information in FAA's aeronautical database.
Class C airspace areas are published in paragraph 4000 of FAA Order
7400.9V, dated August 9, 2011 and effective September 15, 2011, which
is incorporated by reference in 14 CFR 71.1. The Class C airspace area
amendment in this document will be published subsequently in the Order.
The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation: (1) Is not a ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under Department of Transportation (DOT) Regulatory Policies and
Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant
preparation of a regulatory evaluation as the anticipated impact is so
minimal. Since this is a routine matter that will only affect air
traffic procedures and air navigation, it is certified that this rule,
when promulgated, will not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
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 amends a portion of the terminal airspace structure to enhance
the safety of aircraft operating in the vicinity of Palm Beach, FL.
Environmental Review
The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1E, ``Environmental
[[Page 77385]]
Impacts: Policies and Procedures,'' paragraph 311a. This airspace
action is not expected to cause any potentially significant
environmental impacts, and no extraordinary circumstances exist that
warrant preparation of an environmental assessment.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
Adoption of 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 part 71 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p.389.
Sec. 71.1 [Amended]
0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9V,
Airspace Designations and Reporting Points, dated August 9, 2011 and
effective September 15, 2011, is amended as follows:
Paragraph 4000 Class C Airspace
* * * * *
ASO FL C Palm Beach International Airport, FL [Amended]
Palm Beach International Airport, FL
(Lat. 26[deg]40'59'' N., long. 80[deg]05'44'' W.)
Palm Beach County Park Airport
(Lat. 26[deg]35'35'' N., long. 80[deg]05'06'' W.)
Boundaries
Area A. That airspace extending upward from the surface to and
including 4,000 feet MSL within a 5-mile radius of the Palm Beach
International Airport, excluding that airspace within a 2-mile
radius of the Palm Beach County Park Airport.
Area B. That airspace extending upward from 1,600 feet MSL to
and including 4,000 feet MSL within an area bounded on the north by
a line direct from the intersection of the Florida Turnpike (highway
91) and Lantana Road to the intersection of a 5-mile radius of the
Palm Beach International Airport and a 2-mile radius west of the
Palm Beach County Park Airport and a 2-mile radius north of the Palm
Beach County Park Airport, on the east by a line direct from the
intersection of a 5-mile radius of the Palm Beach International
Airport and a 2-mile radius east of the Palm Beach County Park
Airport to the intersection of a 10-mile radius of the Palm Beach
International Airport and US 1, on the south by a 10-mile radius of
the Palm Beach International Airport, and on the west by the Florida
Turnpike.
Area C. That airspace extending upward from 1,200 feet MSL to
and including 4,000 feet MSL within a 10-mile radius of the Palm
Beach International Airport, excluding Area B.
Issued in Washington, DC, on December 5, 2011.
Gary A. Norek,
Acting Manager, Airspace, Regulations and ATC Procedures Group.
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