[Federal Register Volume 79, Number 186 (Thursday, September 25, 2014)]
[Rules and Regulations]
[Pages 57431-57432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-22507]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 91
[Docket No.: FAA-2014-0458; Amendment No. 91-333]
RIN 2120-AA66
Airports/Locations: Special Operating Restrictions
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; technical amendment.
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SUMMARY: This action amends the Appendix listing airports/locations
with special operating restrictions in FAA's general operating and
flight rules. Specifically, this action adds an additional entry for
Houston, TX (William P. Hobby Airport), and San Diego, CA (Marine Corps
Air Station Miramar), to the Appendix, which lists the airports where
aircraft operating within 30 nautical miles (NM) of the listed
airports, from the surface upward to 10,000 feet mean sea level (MSL)
must be equipped with an altitude encoding transponder. The FAA is
taking this action to correctly identify applicable airports under the
appropriate sections in the Appendix.
DATES: Effective Date: November 13, 2014.
FOR FURTHER INFORMATION CONTACT: Colby Abbott, Airspace Policy and
Regulations Group, AJV-113, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone (202) 267-
8783, email [email protected].
SUPPLEMENTARY INFORMATION:
Background
Title 14 of the Code of Federal Regulations, part 91, appendix D,
section 1, lists the airports where special operating restrictions
apply. Specifically, this section lists the locations at which aircraft
operating within 30 NM of the listed airports,
[[Page 57432]]
from the surface upward to 10,000 feet MSL, must be equipped with an
altitude encoding transponder. The locations listed in the section are
intended to be the Class B airspace area primary airports.
On June 21, 1988, the FAA published the ATC Transponder with
Automatic Altitude Reporting Capability Requirement final rule (the
``Mode C rule'') (53 FR 23356). The rule established the requirement
for a transponder with automatic altitude reporting capability for
aircraft operating within certain airspace. Effective July 1, 1989, all
aircraft were required to have a transponder with Mode C when operating
within 30 miles of any designated Terminal Control Area (TCA) primary
airport from the surface upward to 10,000 feet MSL (the Mode C
``veil''). Exclusion provisions were established for aircraft which
were not originally certificated with an engine-driven electrical
system or which have not subsequently been certified with such a system
installed, balloons, and gliders. This requirement was also to apply on
the effective date of any future TCA primary airport designated by
rulemaking actions associated with the establishment or modification of
a TCA.
On August 18, 1989, the FAA published the Revision of General
Operating and Flight Rules final rule (54 FR 34284). That rule
reorganized and realigned the general operating and flight rules to
make them more understandable and easier to use. The Mode C veil
requirements for aircraft operating in all airspace within 30 NM of any
designated TCA primary airport from the surface upward to 10,000 feet
MSL, as well as the exclusion provisions, were retained as established
in 1988. The rule simply realigned the part 91 Mode C veil requirements
previously contained in Title 14 of the Code of Federal Regulations (14
CFR) Sec. 91.24 to become 14 CFR 91.215.
On December 17, 1991, the FAA published the Airspace
Reclassification final rule (56 FR 65638). The rule reclassified TCA
airspace to become Class B airspace, effective September 16, 1993. The
FAA did not modify any Mode C veil requirements under the airspace
reclassification final rule. The rule did amend the regulatory text in
14 CFR 91.215(b)(2) by changing the text from applying to all all
aircraft in all airspace within 30 nautical miles of a terminal control
area primary airport from the surface upward to 10,000 feet MSL, to
applying to all aircraft in all airspace within 30 nautical miles of an
airport listed in appendix D, section 1 of the part from the surface
upward to 10,000 feet MSL. The airports listed in appendix D, section 1
were intended to be the Class B airspace (previously TCA airspace)
primary airports consistent with the guidance published in the Revision
of General Operating and Flight Rules final rule published in 1989, as
noted above.
On November 13, 1973, the FAA issued a final rule (38 FR 31286)
which established the Houston TCA and listed the Houston
Intercontinental Airport as the primary airport. In 1992, the FAA
issued a final rule (57 FR 30818) and a final rule; correction (57 FR
40095) which amended the Houston TCA and listed the Houston
Intercontinental Airport (later renamed the George Bush
Intercontinental Airport) and William P. Hobby Airport as primary
airports, which they remain today, to the Houston Class B airspace
area. Similarly, on March 20, 1980, the FAA published the final rule
(45 FR 18336) that established the San Diego, CA, TCA and listed San
Diego (Lindbergh Field), CA, and Miramar Naval Air Station (NAS),
Miramar, CA, as primary airports. Miramar NAS was renamed Marine Corps
Air Station (MCAS) Miramar effective October 1, 1997, but both airports
have remained primary airports to the San Diego, CA, Class B airspace
area.
When the Airspace Reclassification final rule amended the
regulatory text in 14 CFR 91.215(b)(2) by changing the text to applying
to all aircraft in all airspace within 30 nautical miles of an airport
listed in appendix D, section 1 of the part, the airports listed in
appendix D, section 1 inadvertently overlooked including MCAS Miramar
(formerly Miramar NAS) as one of the primary airports of the San Diego
Class B airspace area when the list was established. Subsequently, when
William P. Hobby Airport became a primary airport of the Houston Class
B airspace area, the regulatory action to list the airport in appendix
D, section 1 was also inadvertently overlooked.
This action corrects those unintentional errors by adding MCAS
Miramar and William P. Hobby Airport to the part 91, appendix D,
section 1 list of locations for which the requirements of Sec. Sec.
91.215(b)(2) and 91.225(d)(2) apply below 10,000 feet MSL within a 30
NM radius of each location.
List of Subjects in 14 CFR Part 91
Air traffic control, Aircraft, Airmen, Airports, Aviation safety.
The Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends Title 14 of the Code of Federal Regulations part
91, as follows:
PART 91--GENERAL OPERATING AND FLIGHT RULES
0
1. The authority citation for part 91 continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 1155, 40103, 40113, 40120,
44101, 44111, 44701, 44704, 44709, 44711, 44712, 44715, 44716,
44717, 44722, 46306, 46315, 46316, 46504, 46506-46507, 47122, 47508,
47528-47531, 47534, articles 12 and 29 of the Convention on
International Civil Aviation (61 Stat. 1180), (126 Stat. 11).
0
2. Appendix D to Part 91, Section 1, is amended by adding entries for
``Houston, TX'' and ``San Diego, CA'' in alphabetical order to read as
follows:
Appendix D to Part 91--Airports/Locations: Special Operating
Restrictions (Amended)
Section 1. Locations at which the requirements of Sec.
91.215(b)(2) and Sec. 91.225(d)(2) apply. The requirements of
Sec. Sec. 91.215(b)(2) and 91.225(d)(2) apply below 10,000 feet MSL
within a 30-nautical-mile radius of each location in the following
list.
* * * * *
Houston, TX (William P. Hobby Airport)
* * * * *
San Diego, CA (Marine Corps Air Station Miramar)
* * * * *
Issued in Washington, DC, on September 4, 2014.
Mark W. Bury,
Assistant Chief Counsel for International Law, Legislation and
Regulations.
[FR Doc. 2014-22507 Filed 9-24-14; 8:45 am]
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