[Federal Register Volume 78, Number 90 (Thursday, May 9, 2013)]
[Rules and Regulations]
[Pages 27029-27031]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10810]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2013-0031; Airspace Docket No. 12-AWA-7]


Modification of Class C Airspace; Nashville International 
Airport; TN

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action modifies the Nashville International Airport, TN, 
Class C airspace area by removing a cutout from the surface area that 
was put in place to accommodate operations at an airport that is now 
permanently closed. The FAA is taking this action to ensure the safe 
and efficient operations at Nashville International Airport.

DATES: Effective date 0901 UTC, June 27, 2013. The Director of the 
Federal Register approves this incorporation by reference action under 
1 CFR part 51, subject to the annual revision of FAA

[[Page 27030]]

Order 7400.9 and publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace Policy 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 January 30, 2013, the FAA published in the Federal Register a 
notice of proposed rulemaking (NPRM) to modify the Nashville 
International Airport, TN, Class C airspace area (78 FR 6257). 
Interested parties were invited to participate in this rulemaking 
effort by submitting written comments on the proposal. Five comments 
were received.

Discussion of Comments

    Four commenters wrote in support of the proposal. One commenter 
contended that the FAA did not provide justification for increasing the 
size of the Class C surface area and failed to show an actual need for 
additional Class C airspace. The commenter asserted that retention of 
the cutout allows greater options for aircraft transiting the Class C 
airspace area.
    The FAA does not agree. The sole purpose of the surface area cutout 
was to allow aircraft to operate freely to and from the Cornelia Fort 
Airpark without the need to contact air traffic control (ATC). Since 
that airport is now permanently closed, the cutout serves no useful 
purpose. The small size, location and configuration of the cutout does 
not provide any significant benefit to transiting aircraft. An aircraft 
entering the cutout (below 2,400 feet MSL) would still need to 
communicate with ATC prior to entering the Class C airspace area or 
would be faced with tight maneuvering to avoid entering the Class C. 
Instances have been observed where aircraft attempting to exit the 
cutout have inadvertently entered the Class C airspace area. Further, 
the cutout boundary lies less than one mile from Nashville 
International Airport's final approach courses to Runways 13 and 20R, 
inside the final approach fix (FAF), causing concern to traffic landing 
on the south parallels and Runway 13. Removing the cutout ensures 
continued safe and efficient operations at Nashville International 
Airport.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR) 
part 71 by modifying Nashville International Airport Class C airspace, 
removing a cutout from the Class C surface area. The cutout was put in 
place to exclude the airspace within a 1.5 NM radius of the former 
Cornelia Fort Airpark from the Class C surface area. The sole purpose 
for the exclusion was to accommodate operations at the Airpark, which 
was located about 4 NM north northwest of Nashville International 
Airport. The Airpark is now permanently closed and the property sold 
for non-aviation uses. Since the original purpose of the exclusion no 
longer exists, the FAA is removing the words ``. . . excluding that 
airspace within a 1.5-mile radius of lat. 36[deg]12'00'' N., long. 
86[deg]42'10'' W. (in the vicinity of Cornelia Fort Airpark) . . .'' 
from the Class C airspace description. This restores the Class C 
surface area to within a 5-NM radius of Nashville International Airport 
and enhances the safe and efficient management of aircraft operations 
at the airport.
    In addition, a minor correction is made to update the geographic 
coordinates of the Nashville International Airport to reflect the 
current information in the FAA's aeronautical database. This change 
removes ``lat. 36[deg]07'31'' N., long. 86[deg]40'35'' W.,'' and 
inserts ``lat. 36[deg]07'28'' N., long. 86[deg]40'42'' W.''. Except for 
editorial changes this rule is the same as published in the NPRM.
    Class C airspace areas are published in paragraph 4000 of FAA Order 
7400.9W, dated August 8, 2012 and effective September 15, 2012, 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 only affects air traffic 
procedures and air navigation, it is certified that this rule, when 
promulgated, does 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 at Nashville 
International Airport, Nashville, TN.

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 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 7400.9W, 
Airspace Designations and Reporting Points, dated August 8, 2012 and 
effective September 15, 2012, is amended as follows:

Paragraph 4000 Class C Airspace.

* * * * *

ASO TN C Nashville International Airport, TN [Amended]

Nashville International Airport, TN
    (Lat. 36[deg]07'28'' N., long. 86[deg]40'42'' W.)

Boundaries

    That airspace extending upward from the surface to and including 
4,600 feet MSL within a 5-mile radius of Nashville International 
Airport; and that airspace

[[Page 27031]]

extending upward from 2,100 feet MSL to and including 4,600 feet MSL 
within a 10-mile radius of Nashville International Airport from the 
018[deg] bearing from the airport clockwise to the 198[deg] bearing 
from the airport, and that airspace extending upward from 2,400 feet 
MSL to and including 4,600 feet MSL within a 10-mile radius of the 
airport from the 198[deg] bearing from the airport clockwise to the 
018[deg] bearing from the airport.

    Issued in Washington, DC, on May 1, 2013.
Ellen Crum,
Acting Manager, Airspace Policy and ATC Procedures Group.
[FR Doc. 2013-10810 Filed 5-8-13; 8:45 am]
BILLING CODE 4910-13-P