Establishment of the Billings Logan International Airport Class C Airspace Area, MT, and Revocation of the Billings Class D Airspace Area, MT

DEPARTMENT OF TRANSPORTATION

14 CFR Parts 71 and 91

[Airspace Docket No. 92-AWA-2]

Establishment of the Billings Logan International Airport Class C

Airspace Area, MT, and Revocation of the Billings Class D Airspace

Area, MT

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes a Class C airspace area and revokes

the Class D airspace area at the Billings Logan International Airport,

Billings, MT. The Billings Logan International Airport is a public-use

facility at which a Terminal Radar Service Area (TRSA) is currently in

effect. The establishment of this Class C airspace area will require

pilots to establish two-way radio communications with the air traffic

control (ATC) facility providing air traffic services prior to entering

the airspace and thereafter maintain those communications while within

the Class C airspace area. Implementation of the Billings Logan

International Airport Class C airspace area will promote the efficient

control of air traffic and reduce the risk of midair collision in the

terminal area.

EFFECTIVE DATE: 0901 UTC, September 15, 1994.

FOR FURTHER INFORMATION CONTACT: Norman W. Thomas, Airspace and

Obstruction Evaluation Branch (ATP-240), Airspace-Rules and

Aeronautical Information Division, Air Traffic Rules and Procedures

Service, Federal Aviation Administration, 800 Independence Avenue, SW.,

Washington, DC 20591; telephone: (202) 267-9230.

SUPPLEMENTARY INFORMATION:

History

On April 22, 1982, the National Airspace Review (NAR) plan was

published in the Federal Register (47 FR 17448). The plan encompassed a

review of airspace use and procedural aspects of the ATC system. Among

the main objectives of the NAR was the improvement of the ATC system by

increasing efficiency and reducing complexity. In its review of

terminal airspace, NAR Task Group 1-2 concluded that TRSA's should be

replaced. Four types of airspace configurations were considered as

replacement candidates, and Model B, the Airport Radar Service Area

(ARSA) configuration, was recommended by a consensus of the task group.

The FAA published NAR Recommendation 1-2.2.1, ``Replace Terminal

Radar Service Areas with Model B Airspace and Service'' in Notice 83-9

(48 FR 34286; July 28, 1983) proposing the establishment of ARSA's at

the Robert Mueller Municipal Airport, Austin, TX, and the Port of

Columbus International Airport, Columbus, OH. ARSA's were designated at

these airports on a temporary basis by Special Federal Aviation

Regulation No. 45 (48 FR 50038; October 28, 1983) to provide an

operational confirmation of the ARSA concept for potential application

on a national basis.

Following a confirmation period of more than a year, the FAA

adopted the NAR recommendation and, on February 27, 1985, issued a

final rule (50 FR 9252; March 6, 1985) defining ARSA airspace and

establishing air traffic rules for operation within such an area.

Concurrently, by separate rulemaking action, ARSA's were

permanently established at the Austin, TX, Columbus, OH, and the

Baltimore/Washington International Airports (50 FR 9250; March 6,

1985). The FAA stated that future notices would propose ARSA's for

other airports at which TRSA procedures were in effect.

A number of problems with the TRSA program were identified by the

NAR Task Group. The task group stated that because of the different

levels of service offered in terminal areas, users are not always sure

of what restrictions or privileges exist or how to cope with them.

According to the NAR Task Group, there is a shared feeling among users

that TRSA's are often poorly defined, are generally dissimilar in

dimensions, and encompass more area than is necessary or desirable.

There are other users who believe that the voluntary nature of the TRSA

does not adequately address the problems associated with

nonparticipating aircraft operating in relative proximity to the

airport and associated approach and departure courses. The consensus

among the user organizations is that within a given standard airspace

designation, a terminal radar facility should provide all pilots the

same level of service and in the same manner, to the extent feasible.

Additionally, the NAR Task Group recommended that the FAA develop

quantitative criteria for establishing ARSA's at locations other than

those which were included in the TRSA replacement program. The task

group recommended that these criteria include, among other things,

traffic mix, flow and density, airport configuration, geographical

features, collision risk assessment, and ATC capabilities to provide

service to users. These criteria have been developed and are being

published via the FAA directives system (Order 7400.2D).

Airspace Reclassification, which became effective September 16,

1993, discontinued the use of the term ``airport radar service area''

and replaced it with the designation ``Class C airspace area.'' This

change in terminology is reflected in this rule.

The FAA has established Class C airspace areas at 121 locations

under a paced implementation plan to replace TRSA's with Class C

airspace areas.

This rule establishes a Class C airspace area at a location which

was identified as a candidate for an ARSA (a Class C airspace area) in

the preamble to Amendment No. 71-10 (50 FR 9252).

The Billings Logan International Airport is a public-use airport

with an operating control tower served by a Level II TRACON, at which a

TRSA is in effect. A TRSA consists of the airspace surrounding a

designated airport where ATC provides radar vectoring, sequencing, and

separation for all aircraft operating under instrument flight rules

(IFR) and for participating aircraft operating under visual flight

rules (VFR). TRSA airspace and operating rules are not established by

regulation, and participation by pilots operating in the TRSA under VFR

is voluntary, although pilots are urged to participate. This level of

service is known as Stage III and is provided at all locations

identified as TRSA's.

The Billings Logan International Airport is a major terminal hub

that primarily serves the States of Montana, Wyoming, and the Dakotas.

Airport operations at Billings Logan International Airport consist

primarily of large air carriers (turbine-powered), air freighters,

corporate jets, air taxis (multi-engine turboprop and piston-engine

aircraft), and general aviation (GA) itinerant and training (multi-

engine and single-engine) aircraft. An extensive lifeguard (helicopter

and fixed-wing) operation is based at Billings Logan International

Airport. The availability of instrument approach aids at Billings Logan

International Airport attracts military (United States Air Force units)

and civil (Rocky Mountain College aviation curriculum) entities alike.

The terminal air traffic environment is basically unencumbered by

terrain and special use airspace restrictions. Aircraft operating under

VFR that transit the Billings terminal area normally do so on random,

flight-specific routes. There are no major ``established'' VFR routes

to be considered.

On June 21, 1988, the FAA published a final rule, ``Transponder

with Automatic Altitude Reporting Capability Requirement (Mode C)''

(Amendment No. 91-203; 53 FR 23356), which, among other amendments,

revised Section 91.24 of the Federal Aviation Regulations (14 CFR part

91). In pertinent part, that rule added Section 91.24(b)(5)(ii),

effective December 30, 1990, which required aircraft operating in the

airspace from the surface to 10,000 feet MSL within a 10-mile radius of

any airport listed in newly designated Appendix D of part 91 to be

equipped with an operable transponder with Mode C except when operating

in the airspace below 1,200 feet above ground level outside of the

airport traffic area. Logan International Airport, Billings, MT, and

Hector International Airport, Fargo, ND, were the only airports listed.

Aircraft which were not originally certificated with an engine-driven

electrical system or which had not subsequently been certified with

such a system installed, balloons, and gliders were excluded from this

requirement. The preamble to this rule indicated that an airport would

be considered as a candidate for this Mode C requirement if its annual

enplaned passenger count exceeded 200,000. The preamble further stated

that several airports exceeded the 200,000 annual enplaned passenger

requirement, which had not been designated as, or planned for, a Class

C airspace area (formerly ARSA) (including Billings, MT). The FAA

examined the operations at this location and determined that the Mode C

requirement should be established at Billings, MT, because this airport

had experienced a significantly high number of passenger enplanements,

and typically generated over 50,000 instrument operations per year.

On December 17, 1993, the FAA proposed to designate a Class C

airspace area at the Billings Logan International Airport, MT (58 FR

65950). Interested parties were invited to participate in this

rulemaking proceeding by submitting comments on the proposal to the

FAA. No comments were received.

The Rule

These amendments to parts 71 and 91 of the Federal Aviation

Regulations (14 CFR parts 71 and 91) establish a Class C airspace area

at the Billings Logan International Airport and revoke the Class D

airspace area at Billings, MT. This action will remove Billings Logan

International Airport as the only remaining airport under Appendix D,

Section 2 of part 91, ``airports at which the requirements of section

91.215(b)(5)(ii) apply.'' This action will not remove Appendix D,

Section 2 of part 91. Billings Logan International Airport is a public

airport with an operating control tower served by a Level II TRACON, at

which a TRSA is in effect. The establishment of this Class C airspace

area will require pilots to establish two-way radio communications with

the ATC facility providing air traffic services prior to entering the

airspace and thereafter maintain those communications while within the

Class C airspace area. Implementation of the Class C airspace area will

promote the efficient control of air traffic and reduce the risk of

midair collision in the terminal area. The Class D airspace area is

being revoked because Class C airspace is more restrictive (i.e.,

carries higher operational requirements) than Class D airspace.

Therefore, the FAA is revoking the Billings, MT, Class D airspace area.

This action supports a goal of airspace reclassification--to

simplify the airspace by eliminating overlapping airspace designations.

The coordinates in this document are based on North American Datum 83.

Except for editorial changes and the revocation of the Class D airspace

area in Billings, MT, this amendment is the same as that proposed in

the notice. Class C and Class D airspace designations are published in

paragraphs 4000 and 5000, respectively, of FAA Order 7400.9A dated June

17, 1993, and effective September 16, 1993, which is incorporated by

reference in 14 CFR 71.1 (58 FR 36298; July 6, 1993). The Class C

airspace area listed in this document will be published subsequently in

the Order and the Class D airspace area listed in this document will be

removed subsequently from the Order.

Regulatory Evaluation Summary

Proposed changes to Federal regulations must undergo several

economic analyses. First, 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 the final rule will

generate benefits that justify its costs and is not ``a significant

regulatory action'' as defined in the Executive Order and the

Department of Transportation Regulatory Policies and Procedures. The

final rule will not have a significant impact on a substantial number

of small entities and will not constitute a barrier to international

trade. These analyses, available in the docket, are summarized below.

Costs

The FAA has determined that the establishment of the Billings, MT,

Class C airspace area at Logan International Airport will impose a one-

time FAA administrative cost of $550 (1993 dollars). For the aviation

community (aircraft operators and fixed-based operators), the final

rule will impose only negligible costs. The potential costs of the

Class C airspace area are discussed below.

For the Billings, MT, Class C airspace area, the FAA does not

expect to incur any additional costs for ATC staffing, training, or

facility equipment. The FAA is confident that it can accommodate any

additional traffic that will participate in radar services at the Class

C airspace area through more efficient use of personnel at current

authorized staffing levels. The FAA has trained its controller force in

Class C airspace procedures during regularly scheduled briefing

sessions routinely held at Billings. Thus, no additional training costs

or equipment requirements are anticipated.

Establishment of Class C airspace throughout the country has made

it necessary to revise sectional charts by removing existing airspace

depictions and incorporating the new Class C airspace boundaries. The

FAA currently revises these sectional charts every 6 months to reflect

changes to the airspace environment.

Changes required to depict Class C airspace are made routinely

during these charting cycles. The periodic changes to these charts are

considered as routine operating expenses of the FAA. Thus, the FAA does

not expect to incur any additional charting costs as a result of the

establishment of the Billings Class C airspace area.

The FAA holds an informal public meeting at each proposed Class C

airspace location. These meetings provide pilots with the best

opportunity to learn about Class C airspace operating procedures. The

routine expenses associated with these public meetings are incurred

regardless of whether Class C airspace is ultimately established.

Before the Billings, MT, Class C airspace area becomes effective, the

FAA will distribute a ``Letter To Airmen'' to all pilots residing

within 50 miles of the Class C airspace site that will explain the

operation and airspace configuration of the Class C airspace. The

``Letter to Airmen'' cost will be approximately $550. This one-time

negligible cost will be incurred upon the establishment of the Class C

airspace area.

The FAA anticipates that some pilots who currently transit the

terminal area without establishing radio communications or

participating in Stage III services may choose to circumnavigate the

Billings Class C airspace area. However, the FAA contends that these

operators can circumnavigate the Class C airspace area without

significantly deviating from their regular flight paths. They could

remain clear of the Class C airspace area by flying above the ceiling

(7,700 feet mean sea level (MSL)), under the outer floor (4,900 feet

MSL), or just beyond the lateral boundaries. The FAA estimates that

this final rule will have a negligible, if any, cost impact on

nonparticipating GA aircraft operations because of the small deviations

from current flight paths imposed on these operators.

The FAA assumes that nearly all aircraft operating in the vicinity

of the Billings Class C airspace area already have Mode C transponders

and two-way radio communications capability. All aircraft (except those

without an electrical system, balloons, and gliders) flying in the

vicinity of the Billings Logan International Airport have been required

(under 14 CFR Section 91.215(b)(5)(ii)) to have a Mode C transponder

since December 30, 1990. Aircraft with Mode C transponders are usually

equipped with two-way radio communications capability because radios

are considered a more basic piece of avionics equipment. Since the cost

of the Mode C requirement has already been addressed (Phase II of the

Mode C Rule), it is not considered separately here in order to avoid

double counting. This final rule will terminate the exemption from the

Mode C requirement for gliders, balloons, and aircraft certified

without engine-driven electrical systems. The overall economic impact

will be very slight because there are not many of these aircraft, and

ATC will have discretion to authorize deviations from the Mode C

requirement for these aircraft on an individual basis.

The establishment of the Billings, MT, Class C airspace area is not

expected to have any adverse impacts on the operations of the two small

satellite airports (Laurel Municipal and Airpark Oscars) located in the

vicinity of Billings Logan International Airport. Pilots using these

airports who do not have the required equipment can circumnavigate the

Class C airspace area.

Benefits

The benefits of the Billings, MT, Class C airspace area will be

enhanced aviation safety (lowered risk of midair collisions) and

improved operational efficiency (higher air traffic controller

productivity with existing resources). These potential benefits are

difficult to quantify in monetary terms. Thus, such benefits have been

analyzed in qualitative terms and are discussed below.

The NAR Task Group found that airspace users, especially GA users,

encountered significant problems with terminal radar services.

Different levels of radar service offered within terminal areas caused

confusion about existing restrictions and privileges.

The standardization and simplification of operating procedures

provided by Class C airspace is expected to alleviate many of these

problems. All these benefits of the Class C airspace program, however,

cannot be specifically attributed to individual airports. Rather, the

benefits will result from overall improvements in terminal area ATC

procedures realized as Class C airspace is implemented throughout the

country. Establishment of the Billings, MT, Class C airspace area will

contribute to these overall improvements.

The Billings, MT, Class C airspace area will lower the risk of

midair collisions due to the increase of controlled airspace around

Billings. Due to the proactive nature of the Class C airspace, the

potential safety benefits are difficult to quantify in monetary terms.

Traffic trends indicate an increased probability of a midair collision

at Billings. The FAA is, therefore, establishing a Class C airspace

area to prevent the development of a potential safety problem. These

traffic trends consist of an increased volume of passenger enplanements

and an increased complexity of aircraft operations. Complexity refers

to air traffic conditions resulting from a mix of controlled and

uncontrolled aircraft (pilots that are not in contact with ATC) that

vary widely in speed and maneuverability. Enplanements at Billings, MT,

for 1992 were 285,378 and are projected to be 397,000 by the year 2000.

The number of aircraft operations at Billings is projected to increase

from 112,000 in 1992 to 156,000 by the year 2000. The current volume of

passenger enplanements and aircraft operations have made Billings, MT,

eligible to become a Class C airspace area.

The FAA has conservatively estimated that the Class C airspace

program will reduce the risk of midair collision by 50 percent at TRSA

locations. This estimate is based on studies of near midair collision

(NMAC) trends and radar tracking data from the original Columbus, OH,

Class C airspace location and a review of the National Transportation

Safety Board's (NTSB) midair collision accident records from January

1978 to October 1984. This 50 percent reduction translates into one

midair collision prevented nationally every one to two years. The FAA

currently values the prevention of a human fatality at $2.6 million and

the prevention of a serious injury at $640,000. The quantifiable

benefits of preventing a midair collision (based on the aforementioned

reports) can range from less than $172,000 (1993 dollars), a minor non-

fatal accident between two GA aircraft in which both aircraft need to

be replaced, to $409 million (1993 dollars), the weighted average of a

midair collision between an air carrier and a GA aircraft in which

there are no survivors. The benefits of the Billings, MT, Class C

airspace area and other designated airspace actions that require Mode C

transponders cannot be separated from the benefits of the Mode C Rule

and the Traffic Alert and Collision Avoidance System (TCAS) Rule. These

airspace actions will share potential benefits totaling $4.4 billion

(discounted 7 percent, 15 years, 1993 dollars).

International Trade Impact Assessment

This final rule will only affect U.S. terminal airspace operating

procedures at and in the vicinity of Billings, MT. This final rule will

not impose a competitive trade disadvantage on foreign firms in the

sale of either foreign aviation products or services in the United

States. In addition, domestic firms would not incur a competitive trade

disadvantage in either the sale of United States aviation products or

services in foreign countries.

Regulatory Flexibility Determination

The Regulatory Flexibility Act of 1980 (RFA) was enacted by

Congress to ensure that small entities are not unnecessarily and

disproportionately burdened by Federal regulations. The RFA requires a

Regulatory Flexibility Analysis if a final rule will have ``a

significant economic impact on a substantial number of small

entities.'' FAA Order 2100.14A outlines the FAA's procedures and

criteria for implementing the RFA. Small entities are independently

owned and operated small businesses and small not for profit

organizations. A substantial number of small entities is defined as a

number that is 11 or more and which is more than one-third of the small

entities subject to the final rule.

For the purpose of this evaluation, the small entities that will be

potentially affected by this final rule are defined as fixed-base

operators, airport operators, flight schools, agricultural operators,

and other small aviation businesses operating in the vicinity of the

Billings, MT, Class C airspace area. Sport aviation interests that may

be affected include ballooning, parachuting, and gliding. Mandatory

participation in the Class C airspace and special conditions around

Billings could potentially impose certain costs (i.e., avionics

equipment) on aircraft operators. The FAA will develop special

procedures to accommodate these activities through local agreements

between ATC and the affected organizations. For these reasons, the FAA

does not expect any adverse impacts to occur as a result of the

establishment of the Billings, MT, Class C airspace area.

The FAA has determined that this final rule will not result in a

significant economic impact on a substantial number of small entities.

Therefore, a regulatory flexibility analysis is not required under the

terms of the RFA.

Federalism Implications

The regulations adopted 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 rule

would not have sufficient federalism implications to warrant the

preparation of a Federalism Assessment.

Conclusion

The FAA has determined that this final rule to establish the

Billings, MT, Class C airspace area will impose a negligible cost of

$550 on the agency. When this cost estimate of $550 is added to the

total cost of the Class C airspace program, the Class B airspace

program, the Mode C Rule, and the TCAS Rule, the combined cost will

still be less than their total potential safety benefits. This final

rule will also generate benefits in the form of enhanced operational

efficiency. The establishment of the Billings, MT, Class C airspace

area will only impose negligible costs on the aviation community. Thus,

this final rule will be cost beneficial.

List of Subjects

14 CFR Part 71

Airspace, Incorporation by reference, Navigation (Air).

14 CFR Part 91

Aircraft, Air traffic control, Aviation safety.

Adoption of the Amendment

In consideration of the foregoing, the Federal Aviation

Administration amends 14 CFR part 71 as follows:

PART 71--[AMENDED]

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 71.1 of the Federal

Aviation Administration Order 7400.9A, Airspace Designations and

Reporting Points, dated June 17, 1993, and effective September 16,

1993, is amended as follows:

Paragraph 4000--Subpart C-Class C Airspace

* * * * *

ANM MT C Billings, MT [New]

Billings Logan International Airport

(Lat. 45 deg.48'30'' N., long. 108 deg.32'38'' W.)

That airspace extending upward from the surface to and including

7,700 feet MSL within a 5-mile radius of the Billings Logan

International Airport; and that airspace extending upward from 4,900

feet MSL to and including 7,700 feet MSL within a 10-mile radius of

the airport.

* * * * *

Paragraph 5000--Subpart D-Class D Airspace

* * * * *

ANM MT D Billings, MT [Removed]

* * * * *

PART 91--[AMENDED]

3. The authority citation for 14 CFR part 91 continues to read as

follows:

Authority: 49 U.S.C. app. 1301(7), 1303, 1344, 1348, 1352

through 1355, 1401, 1421 through 1431, 1471, 1472, 1502, 1510, 1522,

and 2121 through 2125; articles 12, 29, 31, and 32(a) of the

Convention on International Civil Aviation (61 Stat. 1180); 42

U.S.C. 4321 et seq.; E.O. 11514, 35 FR 4247, 3 CFR, 1966-1970 Comp.,

p. 902; 49 U.S.C. 106(g).

4. Appendix D, Section 2 to part 91 is amended by removing the

paragraph beginning ``The requirements,'' and the entry for ``Billings,

MT (Logan International Airport)''.

Issued in Washington, DC, on July 15, 1994.

Harold W. Becker,

Manager, Airspace-Rules and Aeronautical Information Division.

Appendix to the Final Rule

BILLING CODE 4910-13-U

TR25JY94.000

[FR Doc. 94-17998 Filed 7-22-94; 8:45 am]

BILLING CODE 4910-13-C