[Federal Register Volume 78, Number 244 (Thursday, December 19, 2013)]
[Proposed Rules]
[Pages 76781-76784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-30097]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2013-0859; Airspace Docket No. 13-AWA-4]
RIN 2120-AA66
Proposed Modification of Class B Airspace; Salt Lake City, UT
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This action proposes to amend the description of Area C and
Area O of the Salt Lake City Class B airspace area by raising the floor
of a small portion of Class B airspace between the Salt Lake City Class
B surface area and the Hill Air Force Base (AFB) Class D airspace area.
This action proposes to raise the Class B airspace floor in the
northeast corner of Area C from 6,000 feet mean seal level (MSL) to
7,500 feet MSL, and redefine the new boundary segment using the power
lines underlying the area. This would benefit and enhance non-
participating VFR aircraft operations being flown north and south
through the Salt Lake Valley over Interstate 15.
DATES: Comments must be received on or before February 3, 2014.
ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, M-30, 1200 New Jersey Avenue SE.,
West Building Ground Floor, Room W12-140, Washington, DC 20590-0001;
telephone: (202) 366-9826. You must identify FAA Docket No. FAA-2013-
0859 and Airspace Docket No. 13-AWA-4 at the beginning of your
comments. You may also submit comments through the Internet at http://www.regulations.gov.
[[Page 76782]]
FOR FURTHER INFORMATION CONTACT: Colby Abbott, Airspace Policy and
Regulations Group, Office of Airspace Services, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591;
telephone: (202) 267-8783.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers (FAA Docket No.
FAA-2013-0859 and Airspace Docket No. 13-AWA-4) and be submitted in
triplicate to the Docket Management Facility (see ADDRESSES section for
address and phone number). You may also submit comments through the
internet at http://www.regulations.gov.
Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Nos. FAA-2013-0859 and Airspace Docket No. 13-AWA-4.'' The
postcard will be date/time stamped and returned to the commenter.
All communications received on or before the specified closing date
for comments will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the closing date
for comments. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.
Availability of NPRMs
An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.faa.gov/regulations_policies/rulemaking/recently_published/.
You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal
holidays. An informal docket may also be examined during normal
business hours at the office of the Central Service Center, Operations
Support Group, Federal Aviation Administration, 2601 Meacham Blvd. Fort
Worth, TX 76137.
Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking, (202) 267-9677,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.
Background
On August 17, 2012, the FAA published a final rule modifying the
Salt Lake City, UT Class B airspace area (77 FR 49712) with an
effective date of October 18, 2012. Subsequent to this effective date,
the FAA determined that a portion of Area C, with its 6,000 foot MSL
floor, was extended farther northeast (northeast corner of Area C) than
necessary based on operational experience with the new Salt Lake City
Class B airspace configuration. The portion of Class B airspace in the
proposal overlies a short segment of a heavily used VFR flyway that
follows Interstate 15 (I-15) between the Salt Lake City Class B surface
area and Hill AFB Class D airspace area. However, VFR pilots not in
contact with air traffic control use I-15 as a convenient and easily
viewed landmark for VFR aircraft flying north and south through the
Salt Lake Valley. The 6,000 foot MSL Class B airspace floor in the
northeast corner of Area C causes problems for VFR aircraft
transitioning this area. VFR pilots following I-15 have found it
difficult to avoid the Class B airspace due to the 6,000 foot MSL floor
and the lack of good landmarks in the area. In addition, air traffic
controllers routing VFR aircraft through the area over I-15 are
required to either obtain and issue a Class B airspace clearance or
vector the VFR aircraft north of the 6,000 foot MSL Class B airspace
floor until clear of the area.
Raising the floor of Class B airspace from 6,000 feet MSL to 7,500
feet MSL in the northeast corner of Area C, and using the power lines
located west of I-15 as a visual reference to identify the boundary
where Class B airspace with a 6,000 foot MSL floor ends, would overcome
the issues associated with Area C that are being experienced by VFR
pilots and air traffic controllers. Additionally, raising the floor of
Class B airspace in this area would significantly benefit and enhance
VFR aircraft operations in the area without compromising containment of
large turbine-powered aircraft conducting instrument procedures within
Class B airspace.
The Proposal
The FAA is proposing an amendment to Title 14 of the Code of
Federal Regulations (14 CFR) part 71 to modify the Salt Lake City Class
B airspace area. This action proposes to raise the floor of a portion
of Class B airspace in the northeast corner of Area C from 6,000 feet
MSL to 7,500 feet MSL. The portion of Class B airspace being raised
lies northeast of the power lines running northwest and southeast under
Area C and would be incorporated into the description of Area O, which
has a 7,500 foot MSL Class B airspace floor. The power lines under Area
C would be used to visually define the new shared boundary between Area
C and Area O in that area. These proposed modifications would enhance
the safety and flow of VFR aircraft transitioning north and south in
the Salt Lake Valley by following I-15, while continuing to support
containment of large turbine-powered aircraft flying instrument
procedures within Class B airspace.
The FAA is not proposing any modification actions to the Salt Lake
City Class B airspace Areas A, B, and D through N. The proposed
modifications to the Salt Lake City Class B airspace Area C and Area O
subareas are outlined below.
Area C. Area C would include the airspace extending upward from
6,000 feet MSL to 12,000 feet MSL. This action would redefine the
northeast boundary of Area C by a line drawn west of and parallel to
the power lines that run northwest and southeast between the TCH
006[deg] radial 9.5-mile DME at lat. 41[deg]00'28'' N., long.
111[deg]57'36'' W. and the TCH 016[deg] radial 8.1-mile DME at lat.
40[deg]58'48'' N., long. 111[deg]55'58'' W. The floor of Class B
airspace located immediately northeast of the power lines just
described would be raised from 6,000 feet MSL to 7,500 feet MSL and
incorporated into the adjacent Area O. The remainder of Area C would be
unchanged.
Area O. Area O would include the airspace extending upward from
7,500 feet MSL to 12,000 feet MSL. The boundary of the area would be
realigned to match the segment of the power lines that run northwest
and southeast between the TCH 006[deg] radial 9.5-mile DME at lat.
41[deg]00'28'' N., long. 111[deg]57'36'' W. and the TCH 016[deg] radial
8.1-mile DME at lat. 40[deg]58'48'' N., long. 111[deg]55'58'' W. used
to redefine the
[[Page 76783]]
northeast boundary of Area C. The portion of Class B airspace
incorporated into Area O would raise the floor of Class B airspace in
that area from 6,000 feet MSL to 7,500 feet MSL. The remainder of Area
O would be unchanged.
All radials listed in this proposed Salt Lake City Class B airspace
area description modification are stated in degrees relative to True
North. All geographic coordinates are stated in degrees, minutes, and
seconds based on North American Datum 83.
Implementation of the proposed modification to the Salt Lake City
Class B airspace area would continue to ensure containment of large
turbine-powered aircraft within Class B airspace as required by FAA
directive. Additionally, this proposed action would allow VFR aircraft
to transition east/west, north of the Salt Lake City Class B surface
area, and north/south, to and from Salt Lake City airport, using I-15
as an easily identifiable visual landmark outside of Class B airspace
below 7,500 feet MSL. This proposed modification would enhance the
safety and efficient management of aircraft operations in the Salt Lake
City, UT, terminal area.
Class B airspace areas are published in paragraph 3000 of FAA Order
7400.9X, Airspace Designations and Reporting Points, dated August 7,
2013, and effective September 15, 2013, which is incorporated by
reference in 14 CFR 71.1. The Class B airspace area listed in this
document would be published subsequently in the Order.
Regulatory Evaluation Summary
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, the 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). This portion of the preamble summarizes the FAA's
analysis of the economic impacts of this proposed rule.
Department of Transportation Order DOT 2100.5 prescribes policies
and procedures for simplification, analysis, and review of regulations.
If the expected cost impact is so minimal that a proposed or final rule
does not warrant a full evaluation, this order permits that a statement
to that effect and the basis for it to be included in the preamble if a
full regulatory evaluation of the cost and benefits is not prepared.
Such a determination has been made for this proposed rule. The
reasoning for this determination follows:
This proposed rule has the following benefits.
This proposed rule would improve the flow of air traffic, enhance
safety, and reduce the potential for midair collision in the Salt Lake
City Class B airspace.
Implementation of the proposed modification to the Salt Lake City
Class B airspace area would continue to ensure containment of large
turbine-powered aircraft within Class B airspace as required by FAA
directive. Additionally, this proposed action would allow VFR aircraft
to transition east/west, north of the Salt Lake City Class B surface
area, and north/south, to and from Salt Lake City Airport, using I-15
as an easily identifiable visual landmark outside of Class B airspace
below 7,500 feet MSL. This proposed modification would enhance the
safety and efficient management of aircraft operations in the Salt Lake
City, UT terminal area.
The FAA believes that this proposed rule would result in minimal
costs.
The FAA has, therefore, determined that this proposed rule is not a
``significant regulatory action'' as defined in section 3(f) of
Executive Order 12866, and is not ``significant'' as defined in DOT's
Regulatory Policies and Procedures.
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 that it will, the agency must
prepare a regulatory flexibility analysis as described in the RFA.
However, if an agency determines that a rule is not expected to
have a significant economic impact on a substantial number of small
entities, section 605(b) of the RFA provides that the head of the
agency may so certify and a regulatory flexibility analysis is not
required. The certification must include a statement providing the
factual basis for this determination, and the reasoning should be
clear.
The FAA believes the proposed rule would not have a significant
economic impact on a substantial number of small entities as the
economic impact is expected to be minimal.
Therefore as the acting FAA Administrator, I certify that this
proposed rule would not have 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 enhance safety and would not be considered an
unnecessary obstacle to trade.
[[Page 76784]]
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 $143.1 million in lieu of $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 1050.1E, ``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(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 7400.9X, Airspace Designations and
Reporting Points, dated August 7, 2013, and effective September 15,
2013, is amended as follows:
Paragraph 3000 Subpart B--Class B Airspace.
* * * * *
ANM UT B Salt Lake City, UT [Amended]
Salt Lake City International Airport (Primary Airport)
(Lat. 40[deg]47'18'' N., long. 111[deg]58'40'' W.)
Wasatch VORTAC (TCH)
(Lat. 40[deg]51'01'' N., long. 111[deg]58'55'' W.)
Hill AFB (HIF)
(Lat. 41[deg]07'26'' N., long. 111[deg]58'23'' W.)
Boundaries.
By removing the current descriptions of Area C and Area O, and
adding in its place:
Area C. That airspace extending upward from 6,000 feet MSL to
and including 12,000 feet MSL, within an area bounded by a line
beginning at the TCH 316[deg] radial 11.6-mile DME at lat.
40[deg]59'21'' N., long. 112[deg]09'33'' W.; thence east to a point
west of the power lines at the TCH 006[deg] radial 9.5-mile DME at
lat. 41[deg]00'28'' N., long. 111[deg]57'36'' W.; thence southeast
to a point west of the power lines at the TCH 016[deg] radial 8.1-
mile DME at lat. 40[deg]58'48'' N., long. 111[deg]55'58'' W.; thence
south to the TCH 020[deg] radial 6.6-mile DME at lat. 40[deg]57'13''
N., long. 111[deg]55'56'' W.; thence west to a point southeast of
Seagull Point on Antelope Island at the TCH 304[deg] radial 9.3-mile
DME at lat. 40[deg]56'13'' N., long. 112[deg]09'05'' W.; thence
north to the point of beginning.
Area O. That airspace extending upward from 7,500 feet MSL to
and including 12,000 feet MSL, within an area bounded by a line
beginning at the intersection of U.S. Highway 89 and a 4.3-mile
radius from Hill AFB at the TCH 014[deg] radial 13.6-mile DME at
lat. 41[deg]04'11'' N., long. 111[deg]54'39'' W.; thence clockwise
along the 4.3-mile radius from Hill AFB to 1700 South St. at the TCH
347[deg] radial 14.7-mile DME at lat. 41[deg]05'20'' N., long.
112[deg]03'21'' W.; thence west along W. 1700 South St. to the TCH
329[deg] radial 16.8-mile DME at lat. 41[deg]05'22'' N., long.
112[deg]10'20'' W.; thence south to the TCH 316[deg] radial 11.6-
mile DME at lat. 40[deg]59'21'' N., long. 112[deg]09'33'' W.; thence
east to a point west of the power lines at the TCH 006[deg] radial
9.5-mile DME at lat. 41[deg]00'28'' N., long. 111[deg]57'36'' W.;
thence southeast to a point west of the power lines at the TCH
016[deg] radial 8.1-mile DME at lat. 40[deg]58'48'' N., long.
111[deg]55'58'' W.; thence south to the TCH 020[deg] radial 6.6-mile
DME at lat. 40[deg]57'13'' N., long. 111[deg]55'56'' W.; thence
south to the intersection of Redwood Rd. and W. 500 South St. at the
TCH 049[deg] radial 3.1-mile DME at lat. 40[deg]53'02'' N., long.
111[deg]55'48'' W.; thence south to Center St. at the TCH 102[deg]
radial 2.3-mile DME at lat. 40[deg]50'32'' N., long. 111[deg]55'57''
W.; thence east along Center St. to I-15 at the TCH 099[deg] radial
3-mile DME at lat. 40[deg]50'32'' N., long. 111[deg]54'56'' W.;
thence north along I-15 to U.S. Highway 89 at the TCH 024[deg]
radial 9-mile DME at lat. 40[deg]59'14'' N., long. 111[deg]54'05''
W.; thence north along U.S. Highway 89 to the point of beginning.
Issued in Washington, DC, on December 12, 2013.
Donna Warren,
Acting Manager, Airspace Policy and Regulations Group.
[FR Doc. 2013-30097 Filed 12-18-13; 8:45 am]
BILLING CODE 4910-13-P