[Federal Register Volume 59, Number 171 (Tuesday, September 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21843]
[[Page Unknown]]
[Federal Register: September 6, 1994]
_______________________________________________________________________
Part VI
Department of Transportation
_______________________________________________________________________
Federal Aviation Administration
_______________________________________________________________________
14 CFR Parts 71 and 93
Offshore Airspace Reconfiguration; Valparaiso, Florida Terminal Area;
Final Rule
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 71 and 93
[Docket No. 26968; Amendment No. 71-24, 93-70]
RIN 2120-AF45
Offshore Airspace Reconfiguration; Valparaiso, FL Terminal Area
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action retains the Valparaiso, Florida Terminal Area and
Special Air Traffic Rules in part 93 of the Federal Aviation
Regulations (FAR); revises the Class D airspace areas for Eglin Air
Force Base (AFB), the Eglin Air Force (AF) Auxiliary No. 3 Duke Field,
and Hurlburt Field; revises the Crestview Class E airspace area; and
deletes the Eglin Class D North-South corridor. Additionally, this
action modifies the established North-South and East-West corridors
associated with the Valparaiso, Florida Terminal Area and Eglin AFB in
part 93 of the FAR. This action is necessary to simplify operating
procedures, airspace assignment and airspace use within the Valparaiso,
Florida Terminal Area.
EFFECTIVE DATE: This amendment is effective on December 8, 1994.
FOR FURTHER INFORMATION CONTACT: Mr. Joseph C. White, ATP-230, Air
Traffic Rules Branch, Federal Aviation Administration, 800 Independence
Avenue, SW., Washington, DC 20591, telephone (202) 267-8783.
SUPPLEMENTARY INFORMATION:
Background
The Offshore Airspace Reconfiguration Final Rule (58 FR 12128;
March 2, 1993), effective December 9, 1993, replaced the Valparaiso,
Florida, Terminal Area and Special Air Traffic Rules in part 93 of the
FAR, with the Eglin Florida Class D airspace area. This rule also
amended part 71 of the FAR to revoke the Eglin AFB, Florida and the
Eglin AF Auxiliary No. 3, Duke Field, Florida Class D airspace areas;
modified the Hurlburt Field, Florida Class D airspace area and the
Crestview, Florida Class E airspace area; and established the Eglin,
Florida Class D North-South corridor. However, by a separate rulemaking
action (58 FR 63274; November 30, 1993), these two portions of the
Offshore Airspace Reconfiguration Final Rule were delayed until
December 8, 1994. This delay permitted the FAA and the Department of
Defense (DOD) to conduct a joint micro-review of the effects of the
airspace reclassification on this area.
The joint micro-review concluded that when the Eglin, Florida Class
D airspace area becomes effective on December 8, 1994, the requirement
for enhanced air traffic control service in the North-South and East-
West corridors will lead to dramatic increases in air traffic and the
Eglin Radar Control Facility (ERCF) controller workload. These
increases in air traffic and controller workload will increase air
traffic control delays imposed on civil and military aircraft, both in
the air and on the ground.
Under the Valparaiso, Florida, Special Air Traffic Rules in part 93
of the FAR, access to the North-South corridor is limited during
military operations, but access to the East-West corridor is not
impeded. However, under the Eglin Class D airspace area, with the same
type of military operations, access to the entire Class D airspace area
(both the North-South and East-West corridors) will be limited.
Accordingly, it was deemed necessary to retain the Valparaiso, Florida
Terminal Area and Special Air Traffic Rules contained in part 93 of the
FAR to maintain unlimited access to the East-West corridor and maintain
the present level of safety for aircraft transiting the North-South and
East-West corridors.
On July 1, 1994 (59 FR 34192), (Notice No. 94-23), the FAA proposed
to retain the Valparaiso, Florida Terminal Area and Special Air Traffic
Rules in part 93 of the FAR; revise the Class D airspace areas for
Eglin AFB and Eglin AF Auxiliary No. 3 Duke Field, and Hurlburt Field;
revise the Crestview Class E airspace area; and delete the Eglin Class
D North-South corridor. Additionally, to enhance safety in the
immediate vicinity of the Eglin AFB, the FAA proposed to move the
southern boundary of the North-South corridor from its present lateral
position north of Eglin AFB to a position south of Eglin AFB coincident
with latitude 30 deg.25'01'' North. The existing designation of the
entire North-South corridor and the center section of the East-West
corridor, from surface to an unlimited altitude, was found to be
excessive. Therefore, the FAA proposed to modify both the North-South
corridor and the center portion of the East-West corridor to the
surface up to, but not including, 18,000 feet MSL.
Excluding the center portion described above, the remainder of the
East-West corridor airspace located below Restricted Areas R-2915C, R-
2919B, and R-2914B extends from the surface up to but not including
8,500 feet MSL. This effectively divides the East-West corridor into a
western section, a center section, and an eastern section.
This action was proposed to simplify operating procedures and the
complex aeronautical charting of Eglin's airspace. Additionally, the
action was proposed to further reduce the potential hazard of VFR
aircraft crossing the flight paths of high speed, high performance, and
often armed military aircraft transiting to/from/between Eglin's most
commonly used East (R-2914A, R-2919A) and West (R-2915A, R-2915B)
ranges.
Notice No. 94-23 as published, incorrectly described the Class D
airspace area for Eglin AFB; and inadvertently deleted the Hurlburt
Field Class D airspace area and the Crestview Class E airspace area.
Therefore, on July 19, 1994 (59 FR 36730), the FAA published a
supplemental notice of proposed rulemaking which corrected the Eglin
AFB description, and retained/revised the Hurlburt Field Class D
airspace area, and the Crestview, Florida Class E airspace area. No
comments were received on these proposals.
The coordinates for this airspace docket are based on North
American Datum 83. Class D and Class E airspace designations are
published respectively in paragraphs 5000 and 6002 of FAA Order
7400.9B, dated July 18, 1994, and effective September 16, 1994, which
is incorporated by reference in 14 CFR 71.1. The Class D and Class E
airspace designations listed in this document will be published
subsequently in the Order.
In addition, this action modifies the Hurlburt Field, Florida Class
D airspace area by amending the area's effective hours to coincide with
the associated control tower's hours of operations. This action also
modifies the Crestview, Florida Class E airspace area by amending the
area's effective hours to coincide with the associated Flight Service
Station's (FSS) hours of operation. The intended effect of these
modifications is to clarify when two-way radio communications are
required and when weather observation services are provided when the
associated control tower and FSS is closed. The Hurlburt, Florida,
Class D airspace area and the Crestview, Florida, Class E airspace area
will revert to Class G airspace when the associated control tower and
FSS are not in operation.
The Rule
This action retains the Valparaiso, Florida Terminal Area and
Special Air Traffic Rules in part 93 of the FAR. Further, this action:
(1) revises the Class D airspace areas for Eglin AFB, and the Eglin AF
Auxiliary No. 3 Duke Field, and Hurlburt Field, Florida; (2) revises
the Crestview, Florida Class E airspace area; and (3) deletes the
Eglin, Florida Class D North-South corridor.
Additionally, this final rule revises the North-South corridor
airspace area described in part 93 of the FAR, by reestablishing the
vertical limits of that corridor from the surface up to, but not
including 18,000 feet MSL and by moving the southern boundary from its
present lateral position north of Eglin AFB to a position south of
Eglin AFB coincident with latitude 30 deg.25'01'' North. This action
also modifies the center portion of the East-West corridor to include
airspace from the surface up to but not including 18,000 ft MSL. This
effectively divides the East-West corridor into the following three
sections:
(1) The west section which includes that East-West corridor
airspace area underlying Restricted Area R-2915C and extending upward
from the surface to, but not including, 8,500 feet MSL.
(2) The center section which includes that East-West corridor
airspace area that does not underlie any of the restricted areas
associated with Eglin AFB and extends upward from the surface to, but
not including 18,000 feet MSL.
(3) The east section which includes that East-West corridor
airspace area underlying Restricted Areas R-2919B and R-2914B extending
from the surface up to, but not including, 8,500 ft MSL.
In addition, this action modifies the Hurlburt Field, Florida Class
D airspace area by amending the area's effective hours to coincide with
the associated control tower's hours of operations. This action also
modifies the Crestview, Florida Class E airspace area by amending the
area's effective hours to coincide with the associated Flight Service
Station's (FSS) hours of operation. The intended effect of these
modifications is to clarify when two-way radio communications are
required and when weather observation services are provided when the
associated control tower and FSS is closed. The Hurlburt, Florida,
Class D airspace area and the Crestview, Florida, Class E airspace area
will revert to Class G airspace when the associated control tower and
FSS are not in operation.
Economic Evaluation
Executive Order 12866 directs 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 requires agencies to analyze the
economic effect of regulatory changes on small entities. Third, the
Office of Management and Budget directs agencies to assess the effect
of regulatory changes on international trade. In conducting these
analyses, the FAA has determined that this rule: (1) will generate
benefits that justify its costs and is not ``a significant regulatory
action'' as defined in the Executive Order; (2) is not significant as
defined in Department of Transportation's Regulatory Policies and
Procedures; (3) will not have a significant impact on a substantial
number of small entities; and (4) will not constitute a barrier to
international trade. These analyses are summarized below.
Costs
The FAA has determined that there will be little or no cost
associated with implementation of the modification. This determination
is based on the following reasons.
The rule will impose no additional administrative, personnel, or
equipment costs on Eglin AFB or the FAA. Any additional operations
workload generated by the rule will be absorbed by current personnel
and equipment resources.
The cost to aircraft operators will be occasional delays and
deviations from their current flight times and paths. However, the FAA
contends that these delays will be so short and infrequent that they
will impose little if any cost.
Benefits
The benefits of the rule will be primarily in the form of improved
ATC efficiency and enhanced safety. Improved ATC efficiency and safety
will come from the ability of Eglin ATC to better separate the flow of
military and civilian aircraft.
Conclusion
In view of the little or no cost of compliance versus enhancements
to aviation safety and efficiency, the FAA has determined that the rule
will be cost-beneficial.
International Trade Impact Statement
This rule will not constitute a barrier to international trade,
including the export of American goods and services to foreign
countries and the import of foreign goods and services into the United
States. This assessment is based on the fact that the rule will impose
little or no costs on aircraft operators or aircraft manufacturers
(U.S. or foreign).
Regulatory Flexibility Determination
In accordance with the Regulatory Flexibility Act of 1980, the FAA
has determined that this rule will not have a significant economic
impact, positive or negative, on a substantial number of small
entities. This assessment is based on the fact that the rule will
impose little or no cost on small entities.
Federalism Implications
The regulations proposed herein will not have substantial direct
effects on the states, on the relationship between the national
government and the states, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this final
rule will not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
International Civil Aviation Organization and Joint Aviation
Regulations
In keeping with the U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to comply with ICAO
Standards and Practices (SARP) to the maximum extent practicable. The
FAA has determined that this rule will not present any differences.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1980 (Pub L. 96-
511), there are no requirements for information collection associated
with this rule.
Conclusion
For the reasons discussed in the preamble, and based on the
findings in the Regulatory Flexibility Determination and the
International Trade Impact Analysis, the FAA has determined that this
regulation is not a ``significant regulatory action'' under Executive
Order 12866. In addition, the FAA certifies that this regulation will
not have a significant economic impact, positive or negative, on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act. This proposal is not considered significant
under DOT order 2100.5, Policies and Procedures for Simplification,
Analysis, and Review of Regulations. This rule is cost effective as
evidenced by the cost/benefits review statement, included in this Final
Rule.
List of Subjects
14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
14 CFR Part 93
Air traffic control, Airports, Alaska, Federal Aviation
Administration, Navigation (air), Penalties, Reporting and
recordkeeping requirements.
Adoption of the Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends parts 71 and 93 of the Federal Aviation
Regulations (14 CFR parts 71 and 93) as follows:
PART 71--DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND
CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS
1. The authority citation for 14 CFR part 71 continues to read as
follows:
Authority: 49 U.S.C. app. 1348(a), 1354(a), 1510; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389; 49 U.S.C. 106(g); 14 CFR
11.69.
Sec. 71.1 [Amended]
2. The incorporation by reference in 14 CFR part 71.1, of the
Federal Aviation Administration Order 7400.9B, Airspace Designations
and Reporting Points, dated July 18, 1994, and effective September 16,
1994, is amended as follows:
Paragraph 5000-Class D Airspace
* * * * *
ASO FL D Eglin AF Aux No. 3 Duke Field, FL [Revised]
Eglin AF Aux No. 3 Duke Field, FL
(lat. 30 deg.39'07'' N, long. 86 deg.31'23'' W)
Bob Sikes Airport
(lat. 30 deg.46'44'' N, long. 86 deg.31'20'' W)
Eglin AFB
(lat. 30 deg.29'13'' N, long. 86 deg.31'34'' W)
That airspace extending upward from the surface to and including
2,700 feet MSL within a 5.2-mile radius of Eglin AF Aux No. 3 Duke
Field; excluding the portion north of a line connecting the 2 points
of intersection with a 4.2-mile radius circle centered on Bob Sikes
Airport; excluding the portion south of a line connecting the 2
points of intersection with a 5.5-mile radius circle centered on
Eglin AFB. This Class D airspace area is effective during the
specific days and times established in advance by a Notice to
Airmen. The effective days and times will thereafter be continuously
published in the Airport/Facility Directory.
* * * * *
ASO FL D Eglin AFB, FL [Revised]
Eglin AFB, FL
(lat. 30 deg.29'13'' N, long. 86 deg.31'34'' W)
Destin-Fort Walton Beach Airport
(lat. 30 deg.24'01'' N, long. 86 deg.28'18'' W)
Duke Field
(lat. 30 deg.39'07'' N, long. 86 deg.31'23'' W)
Hurlburt Field
(lat. 30 deg.25'44'' N, long. 86 deg.41'20'' W)
That airspace extending upward from the surface to and including
2,600 feet MSL within a 5.5-mile radius of Eglin AFB and within a 4-
mile radius of Destin-Fort Walton Beach Airport; excluding the
portion north of a line connecting the 2 points of intersection
within a 5.2-mile radius circle centered on Duke Field; excluding
the portion southwest of a line connecting the 2 points of
intersection within a 5.3-mile radius of Hurlburt Field; excluding a
portion east of a line beginning at lat. 30 deg.30'43'' N, long.
86 deg.26'21'' W, extending north to the 5.5-mile radius and north
of a line beginning at lat. 30 deg.30'43'' N, long. 86 deg.26'21''
W, extending east to the 5.5-mile radius.
* * * * *
ASO FL D Eglin Hurlburt Field, FL [Revised]
Eglin, Hurlburt Field, FL
(lat. 30 deg.25'44'' N, long. 86 deg.41'20'' W)
Eglin AFB
(lat. 30 deg.29'13'' N, long. 86 deg.31'34'' W)
That airspace extending upward from the surface to and including
2,500 feet MSL within a 5.3-mile radius of Hurlburt Field; excluding
the portion northeast of a line connecting the 2 points of
intersection with a 5.5-mile radius circle centered on Eglin AFB.
This Class D airspace area is effective during the specific days and
times established in advance by a Notice to Airmen. The effective
days and times will thereafter be continuously published in the
Airport/ Facility Directory.
* * * * *
ASO FL D Eglin, FL North-South Corridor [Removed]
* * * * *
Paragraph 6002--Class E airspace areas designated as a surface
area for an airport.
* * * * *
ASO FL E2 Crestview, FL [Revised]
Crestview, Bob Sikes Airport, FL
(lat. 30 deg.46'44'' N, long. 86 deg.31'20'' W)
Duke Field
(lat. 30 deg.39'07'' N, long. 86 deg.31'23'' W)
Within a 4.2-mile radius of Bob Sikes Airport; excluding the
portion south of a line connecting the 2 points of intersection with
a 5.2-mile radius circle centered on Duke Field. This Class E
airspace area is effective during the specific days and times
established in advance by a Notice to Airmen. The effective days and
times will thereafter be continuously published in the Airport/
Facility Directory.
* * * * *
PART 93--SPECIAL AIR TRAFFIC RULES AND AIRPORT TRAFFIC PATTERNS
1. The authority citation for Part 93 continues to read as follows:
Authority: 49 U.S.C. app. 1302, 1303, 1348, 1354(a), 1421(a),
1424, 2451 et seq. 49 U.S.C. 106(g).
2. Subpart F is amended by revising Secs. 93.81 and 93.83 to read
as follows:
Sec. 93.81 Applicability and description of area.
(a) This subpart prescribes the Valparaiso, Florida Terminal Area,
and the special air traffic rules for operating aircraft within that
Area.
(b) The Valparaiso, Florida Terminal Area is designated as follows:
(1) North-South Corridor. The North-South Corridor includes the
airspace extending upward from the surface up to, but not including,
18,000 feet MSL, bounded by a line beginning at:
Latitude 30 deg.42'51'' N., Longitude 86 deg.38'02'' W.; to
Latitude 30 deg.43'18'' N., Longitude 86 deg.27'37'' W.; to
Latitude 30 deg.37'01'' N., Longitude 86 deg.27'37'' W.; to
Latitude 30 deg.37'01'' N., Longitude 86 deg.25'30'' W.; to
Latitude 30 deg.33'01'' N., Longitude 86 deg.25'30'' W.; to
Latitude 30 deg.33'01'' N., Longitude 86 deg.25'00'' W.; to
Latitude 30 deg.25'01'' N., Longitude 86 deg.25'00'' W.; to
Latitude 30 deg.25'01'' N., Longitude 86 deg.38'12'' W.; to
Latitude 30 deg.29'02'' N., Longitude 86 deg.38'02'' W.; to point of
beginning.
(2) East-West Corridor--The East-West Corridor is divided into
three sections to accommodate the different altitudes as portions of
the corridor underlie restricted areas R-2915C, R-2919B, and R-2914B.
(i) The west section would include that airspace extending upward
from the surface to but not including 8,500 feet MSL, bounded by a line
beginning at: Latitude 30 deg.22'47'' N., Longitude 86 deg.51'30'' W.:
then along the shoreline to Latitude 30 deg.23'46'' N., Longitude
86 deg.38'15'' W.; to Latitude 30 deg.20'51'' N., Longitude
86 deg.38'50'' W.; then 3 NM from and parallel to the shoreline to
Latitude 30 deg.19'31'' N., Longitude 86 deg.51'30'' W.; to the
beginning.
(ii) The center section would include that airspace extending
upward from the surface to but not including 18,000 feet MSL, bounded
by a line beginning at:
Latitude 30 deg.25'01'' N., Longitude 86 deg.38'12'' W.; to
Latitude 30 deg.25'01'' N., Longitude 86 deg.25'00'' W.; to
Latitude 30 deg.25'01'' N., Longitude 86 deg.22'26'' W.; to
Latitude 30 deg.19'46'' N., Longitude 86 deg.23'45'' W.; then 3 NM
from and parallel to the shoreline to Latitude 30 deg.20'51'' N.,
Longitude 86 deg.38'50'' W.; to Latitude 30 deg.23'46'' N.,
Longitude 86 deg.38'15'' W.; to the beginning.
(iii) The east section would include that airspace extending upward
from the surface to but not including 8,500 feet MSL, bounded by a line
beginning at:
Latitude 30 deg.25'01'' N., Longitude 86 deg.22'26'' W.; to
Latitude 30 deg.22'01'' N., Longitude 86 deg.08'00'' W.; to
Latitude 30 deg.19'16'' N., Longitude 85 deg.56'00'' W.; to
Latitude 30 deg.11'01'' N., Longitude 85 deg.56'00'' W.; then 3 NM
from and parallel to the shoreline to Latitude 30 deg.19'46'' N.,
Longitude 86 deg.23'45'' W.; to the beginning.
Sec. 93.83 Aircraft Operations.
(a) North-South Corridor. Unless otherwise authorized by ATC
(including the Eglin Radar Control Facility), no person may operate an
aircraft in flight within the North-South Corridor designated in
Sec. 93.81(b)(1) unless--
(1) Before operating within the corridor, that person obtains a
clearance from the Eglin Radar Control Facility or an appropriate FAA
ATC facility; and
(2) That person maintains two-way radio communication with the
Eglin Radar Control Facility or an appropriate FAA ATC facility while
within the corridor.
(b) East-West Corridor. Unless otherwise authorized by ATC
(including the Eglin Radar Control Facility), no person may operate an
aircraft in flight within the East-West Corridor designated in
Sec. 93.81(b)(2) unless--
(1) Before operating within the corridor, that person establishes
two-way radio communications with Eglin Radar Control Facility or an
appropriate FAA ATC facility and receives an ATC advisory concerning
operations being conducted therein; and
(2) That person maintains two-way radio communications with the
Eglin Radar Control Facility or an appropriate FAA ATC facility while
within the corridor.
Issued in Washington, D.C., on August 25, 1994.
Harold W. Becker,
Manager, Airspace-Rules and Aeronautical Information Division.
[FR Doc. 94-21843 Filed 9-2-94; 8:45 am]
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