Suspension of Certain Aircraft Operations From the Transponder With Automatic Pressure Altitude Reporting Capability Requirement; Proposed Rule

Federal RegisterAug 25, 1994

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No. 26242, Notice No. 94-28]

RIN 2120-AF30

Suspension of Certain Aircraft Operations From the Transponder

With Automatic Pressure Altitude Reporting Capability Requirement

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This notice proposes to reinstate as SFAR 62-1 and modify

expired Special Federal Aviation Regulation (SFAR) No. 62, which

suspended certain provisions of the regulations that require the

installation and use of automatic altitude reporting (Mode C)

transponders. On December 5, 1990, the FAA published SFAR No. 62, which

suspended the Mode C transponder requirement for certain operations to

and from specific outlying airports located within 30 miles of a

terminal control area (Class B airspace area) primary airport (the Mode

C Veil). The operations and routings specified in SFAR No. 62 included

operations within a 2 nautical mile radius of the designated airports

and along a direct route between those airports and the outer boundary

of the Mode C veil. No airports were excluded from the Mode C

transponder requirement if those airports were primarily served by

aircraft required to install and operate Traffic Alert and Collision

Avoidance Systems (TCAS). SFAR No. 62 was issued with an expiration

date of December 30, 1993, to allow sufficient time to upgrade ATC

radar systems at the Class B airspace areas listed in the SFAR.

Scheduled radar system upgrades have not been completed and

operationally assessed in all of the Class B airspace areas. This

notice proposes to reinstate the previous exclusions at those Class B

airspace areas that have not attained improved radar coverage, amend

the list of exempted airports affected by the movement of the Denver

Class B airspace and Mode C veil associated with the closing of the

Stapleton International Airport and opening of the Denver International

Airport, Denver CO, and reinstate and amend the previous exclusions in

the 4 Class B airspace areas that have attained improved radar

coverage.

DATES: Comments must be received on or before October 11, 1994.

ADDRESSES: Send comments on the proposal in triplicate to: Federal

Aviation Administration, Office of the Chief Counsel, Attention: Rules

Docket (AGC-200), Airspace Docket No. 26242, 800 Independence Avenue,

SW., Washington, DC 20591.

The official docket may be examined in the Rules Docket, Office of

the Chief Counsel, Room 916, 800 Independence Avenue, SW., Washington

DC, weekdays, except Federal holidays, between 8:30 a.m. and 5:00 p.m.

An informal docket may also be examined during normal business hours at

the office of the Regional Air Traffic Division.

FOR FURTHER INFORMATION CONTACT:

Ms. Ellen Crum, Air Traffic Rules Branch (ATP-230), Airspace-Rules and

Aeronautical Information Division, Air Traffic Rules and Procedures

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

Washington, DC 20591; Telephone: (202) 267-8783.

SUPPLEMENTARY INFORMATION:

Comments Invited

The original SFAR No. 62 was effective on December 5, 1990, and

provided access for aircraft without operating Mode C transponders to

specified outlying airports located within 30 miles of a Class B

airspace area primary airport. The FAA invites comments from users

regarding the effectiveness of this SFAR, and the number of aircraft

operators who have benefitted from this SFAR.

Interested parties should submit 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 the docket number and be submitted in

triplicate to the address listed above. Commenters wishing the FAA to

acknowledge receipt of their comments on this notice must submit with

those comments a self-addressed, stamped postcard on which the

following statement is made: ``Comments to Docket No. 26242.'' 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 notice may be changed in light of

comments received. All comments submitted will be available for

examination in the Rules 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 also be filed in the

docket.

Availability of NPRM's

Any person may obtain a copy of this Notice of Proposed Rulemaking

(NPRM) by submitting a request to the Federal Aviation Administration,

Office of Public Affairs, Attention: Public Inquiry Center, APA-220,

800 Independence Avenue, SW., Washington, DC 20591, or by calling (202)

267-3485. Communications must identify the notice number of this NPRM.

Persons interested in being placed on a mailing list for future NPRM's

should also request a copy of Advisory Circular No. 11-2A, Notice of

Proposed Rulemaking Distribution System, which describes the

application procedure.

Related Rulemaking Actions

On May 21, 1970, the FAA published Amendment 91-78 to part 91 of

the Federal Aviation Regulations (35 FR 7782), which provided for the

establishment of Terminal Control Areas (TCA's). On June 21, 1988, the

FAA published the Mode C final rule (53 FR 23356). The Mode C rule

requires, in part, that aircraft operating within 30 miles of a Class B

airspace area (formerly known as TCA) primary airport (the Mode C veil)

to be equipped with an operable Mode C transponder.

On December 17, 1991, the FAA published the airspace

reclassification final rule (56 FR 65638). Specifically applicable to

this NPRM is the reclassification of TCA airspace into Class B

airspace, effective September 16, 1993. Nevertheless, the FAA did not

modify any of the Mode C veils under the airspace reclassification

final rule.

Background

As a result of regulatory proceedings initiated under Notice 88-2

(53 FR 4306, February 12, 1988), no person may operate an aircraft in

the Mode C veil unless that aircraft is equipped with an operable Mode

C transponder. However, aircraft otherwise authorized or directed by

ATC; aircraft not originally certificated with an engine-driven

electrical system or not subsequently certified with such a system

installed; balloons; and gliders are excluded from the Mode C

requirement in the veil.

In response to over 65,000 comments received to Notice 88-2, the

FAA stated that it would consider a means of providing access to

outlying airports within the Mode C veil for those aircraft not

equipped with an operable Mode C transponder; and that access would be

allowed only to the extent that operations without an operable Mode C

transponder would be consistent with maintaining adequate safety.

SFAR No. 62 was proposed (55 FR 21722; May 25, 1990) to permit the

operation of aircraft to and from designated airports within the Mode C

veil without an operable Mode C transponder. When SFAR No. 62 was

adopted (55 FR 50302; December 5, 1990), the FAA designated 306

airports, within 24 Mode C veils, at which the Mode C requirement would

be suspended. SFAR No. 62 allowed for the operation of aircraft not

equipped with an operable Mode C transponder in the airspace at or

below the altitude specified for the airport and within 2-nautical

miles of the center of the airport or along the most direct and

expeditious routing (or on a routing directed by ATC) between that

airport and the outer boundary of the Mode C veil, consistent with

established traffic patterns, noise abatement procedures, and safety.

Prior to the adoption of SFAR No. 62, any requests to deviate from

the Mode C transponder requirements were handled by ATC facilities on a

case-by-case basis. If approved, the ATC authorization specified all

restrictions or conditions necessary to ensure that the operation could

be conducted safely, without any impact on other operations. Although

there were circumstances that were applicable to many operators (such

as operations to and from a specified outlying airport or operations

conducted in areas of no radar coverage), ATC authorizations had to be

requested and granted on an individual basis. This aspect of the ATC

authorization process proved to be inefficient and time consuming for

both operators and ATC staff.

The promulgation of SFAR No. 62 proved to be beneficial for the

affected aircraft and ATC, in that it provided access to outlying

airports with a minimum of ATC involvement without degrading the safety

benefits of the Mode C rule. The 3-year duration of SFAR No. 62 was

expected to allow for the completion or ATC radar system upgrades at

each Class B airspace area primary airport. An operational evaluation

was to be completed to determine the extent of the improved radar

coverage within each Mode C veil achieved as a result of the radar

system upgrades. It was anticipated that if extensions to the

suspension of the Mode C transponder requirement for operations at

certain airports were required, each extension would be addressed on a

site-by-site basis. During the period that SFAR No. 62 was in effect,

no known violations or derogations of safety were known to have

occurred and no complaints were received by the FAA. Consequently, the

FAA still believes, as stated in the original promulgation of SFAR No.

62, that the operation of an aircraft not equipped with a Mode C

transponder within the Mode C veil can be accommodated safely, provided

the operations are conducted outside ATC radar coverage, and are

consistent with the restrictions delineated in the expired SFAR No. 62.

The Proposal

In support of the FAA's General Aviation Action Plan, which in part

promotes increased access to airspace and eliminating unneeded

equipment requirements for General Aviation (GA) aircraft, this notice

proposes to reinstate and amend the former SFAR No. 62. This proposal

will permit the operation of aircraft, without an operable Mode C

transponder, in the airspace at or below the specified altitude and

within a 2-nautical mile radius, or, if directed by ATC, within a 5-

nautical mile radius, of an airport listed in section 2 of the SFAR;

and in the airspace at or below the specified altitude along the most

direct and expeditious routing, or on routing directed by ATC, between

an airport listed in section 2 of this SFAR and the outer boundary of

the Mode C veil overlying that airport, consistent with established

traffic patterns, noise abatement procedures and safety.

This proposed SFAR and the amended altitude designations for each

airport would not supersede the provisions of Sec. 91.119, minimum safe

altitudes. Routings to and from each airport are intentionally

unspecified to permit the pilot to avoid operating near obstructions.

As of the date of this notice, only 10 of the 24 Mode C veils have

commissioned the new radar systems. This notice proposes to reinstate,

without change, the exclusions previously afforded to airports

associated with the 14 Mode C veils that have not commissioned the new

radar systems.

The FAA has conducted operational evaluations of the 10 sites that

have commissioned the new radar systems to determine the extent of

attained radar coverage improvement. Of the 10 sites evaluated, 6

experienced no increase in radar coverage at the altitudes and routing

previously approved under SFAR No. 62. The FAA proposes to reinstate

the exclusions formerly provided for by SFAR No. 62 at these 6 sites

without change. Four sites have experienced improvement in radar

coverage, and this notice proposes the following changes to the

altitudes at which operations by aircraft not equipped with an operable

Mode C transponder can be accommodated at those sites:

Airports within a 30-nautical-mile radius of the Charlotte/Douglas

International Airport.

------------------------------------------------------------------------

Former Proposed

Airport name (AGL) (AGL)

------------------------------------------------------------------------

Arant Airport, Wingate, NC........................ 2,500 2,000

Bradley Outernational Airport, China Grove, NC.... 2,500 1,500

Chester Municipal Airport, Chester, SC............ 2,500 1,600

China Grove Airport, China Grove, NC.............. 2,500 1,500

Goodnight's Airport, Kannapolis, NC............... 2,500 1,500

Knapp Airport, Marshville, NC..................... 2,500 2,000

Lake Norman Airport, Mooresville, NC.............. 2,500 2,000

Lancaster County Airport, Lancaster, SC........... 2,500 1,600

Little Mountain Airport, Denver, NC............... 2,500 2,000

Long Island Airport, Long Island, NC.............. 2,500 2,000

Miller Airport, Mooresville, NC................... 2,500 1,500

U S Heliport, Wingate, NC......................... 2,500 1,600

Unity Aerodrome Airport, Lancaster, SC............ 2,500 1,900

Wilhelm Airport, Kannapolis, NC................... 2,500 1,900

------------------------------------------------------------------------

Airports within a 30-nautical-mile radius of the Houston

Intercontinental Airport and the William P. Hobby Airport.

------------------------------------------------------------------------

Former Proposed

Airport name (AGL) (AGL)

------------------------------------------------------------------------

Ainsworth Airport, Cleveland, TX.................. 1,200 1,000

Ausinia Ranch Airport, Texas City, TX............. 1,200 1,000

Bailes Airport, Angleton, TX...................... 1,200 1,000

Biggin Hill Airport, Hockley, TX.................. 1,200 1,000

Cleveland Municipal Airport, Cleveland, TX........ 1,200 1,000

Covey Trails Airport, Fulshear, TX................ 1,200 1,000

Creasy Airport, Santa Fe, TX...................... 1,200 1,000

Custom Aire Service Airport, Angleton, TX......... 1,200 1,000

Fay Ranch Airport, Cedar Lane, TX................. 1,200 1,000

Flying C Ranch Airport, Needville, TX............. 1,200 1,000

Freeman Property Airport, Katy, TX................ 1,200 1,000

Garrett Ranch Airport, Danbury, TX................ 1,200 1,000

Gum Island Airport, Dayton, TX.................... 1,200 1,000

H & S Airfield Airport, Damon, TX................. 1,200 1,000

Harbican Airpark Airport, Katy, TX................ 1,200 1,000

Harold Freeman Farm Airport, Katy, TX............. 1,200 1,000

HHI Hitchcock Heliport, Hitchcock, TX............. 1,200 1,000

Hoffpauir Airport, Katy, TX....................... 1,200 1,000

Horn-Katy Hawk International Airport, Katy, TX.... 1,200 1,000

Johnnie Volk Field Airport, Hitchcock, TX......... 1,200 1,000

King Air Airport, Katy, TX........................ 1,200 1,000

Lake Bay Gall Airport, Cleveland, TX.............. 1,200 1,000

Lake Bonanza Airport, Montgomery, TX.............. 1,200 1,000

Lane Airpark Airport, Rosenberg, TX............... 1,200 1,000

Meyer Field Airport, Rosharon, TX................. 1,200 1,000

Prairie Aire Field Airport, Damon, TX............. 1,200 1,000

R W J Airpark Airport, Baytown, TX................ 1,200 1,000

Westheimer Air Park Airport, Houston, TX.......... 1,200 1,000

------------------------------------------------------------------------

Airports within a 30-nautical-mile radius of the Memphis

International Airport.

------------------------------------------------------------------------

Former Proposed

Airport name (AGL) (AGL)

------------------------------------------------------------------------

Bernard Manor Airport, Earle, AR.................. 2,500 2,000

Holly Springs-Marshall County Airport, Holly

Springs, MS...................................... 2,500 2,000

McNeely Airport, Earle, AR........................ 2,500 2,000

Price Field Airport, Joiner, AR................... 2,500 2,000

Tucker Field Airport, Hughes, AR.................. 2,500 2,000

Tunica Airport, Tunica, MS........................ 2,500 2,000

Tunica Municipal Airport, Tunica, MS.............. 2,500 2,000

------------------------------------------------------------------------

Airports within a 30-nautical-mile radius of the Lambert/St. Louis

International Airport.

------------------------------------------------------------------------

Former Proposed

Airport name (AGL) (AGL)

------------------------------------------------------------------------

Blackhawk Airport, Old Monroe, MO................. 1,000 1,000

Lebert Flying L Airport, Lebanon, IL.............. 1,000 1,000

Shafer Metro East Airport, St. Jacob, IL.......... 1,000 *0

Sloan's Airport, Elsberry, MO..................... 1,000 1,000

Wentzville Airport, Wentzville, MO................ 1,000 *0

Woodliff Airpark Airport, Foristell, MO........... 1,000 1,000

------------------------------------------------------------------------

*(The FAA proposes to remove the Shafer Metro East Airport (3K6) and the

Wentzville Airport (M050) from the Lambert/St. Louis International

Airport listing).

Additionally, the FAA proposes to further amend SFAR No. 62 by

deleting the list of airports exempted from the provisions of the Mode

C veil requirements for the Stapleton International Airport Class B

airspace area Mode C veil and adding the following list of airports

exempted from the provisions of the Mode C veil requirements for the

Denver International Airport Class B airspace area Mode C veil:

Airports within a 30-nautical-mile radius of the Denver

International Airport.

------------------------------------------------------------------------

Alt.

Airport name Arpt ID (AGL)

------------------------------------------------------------------------

Air Dusters Inc., Airport, Roggen, CO............. 49CO 1,200

Bijou Basin Airport, Byers, CO.................... CD17 1,200

Boulder Municipal Airport, Boulder, CO............ 1V5 1,200

Bowen Farms No. 1 Airport, Littleton, CO CO98..... 1,200

Bowen Farms No. 2 Airport, Strasburg, CO.......... 3CO5 1,200

Carrera Airpark Airport, Mead, CO................. 93CO 1,200

Cartwheel Airport, Mead, CO....................... 0CO8 1,200

Chaparral Airport, Byers, CO...................... CO18 1,200

Colorado Antique Field Airport, Niwot, CO......... 8CO7 1,200

Comanche Livestock Airport, Strasburg, CO......... 59CO 1,200

Dead Stick Ranch Airport, Kiowa, CO............... 18CO 1,200

Frederick-Firestone Air Strip Airport, Frederick,

CO............................................... CO58 1,200

Frontier Airstrip Airport, Mead, CO............... 84CO 1,200

Horseshoe Landings Airport, Franktown, CO......... CO60 1,200

Hoy Airstrip Airport, Bennett, CO................. 76CO 1,200

J & S Airport, Bennett, CO........................ CD14 1,200

Kostroski Airport, Franktown, CO.................. 43CO 1,200

Kugel-Strong Airport, Platteville, CO............. 27V 1,200

Land Airport, Keenesburg, CO...................... CO82 1,200

Lemons Private Strip Airport, Boulder, CO......... CO10 1,200

Lindys Airpark Airport, Hudson, CO................ 7CO3 1,200

Parkland Airport, Erie, CO........................ 7CO0 1,200

Pine View Airport, Elizabeth, CO.................. 02V 1,200

Platte Valley Airport, Hudson, CO................. 18V 1,200

Rancho De Aereo Airport, Mead, CO................. 05CO 1,200

Reid Ranches Airport, Roggen, CO.................. 7CO6 1,200

Singleton Ranch Airport, Byers, CO................ 68CO 1,200

Sky Haven Airport, Byers, CO...................... CO17 1,200

Spickard Farm Airport, Byers, CO.................. 5CO4 1,200

Tri-County Airport, Erie, CO...................... 48V 1,200

Westberg-Rosling Farms Airport, Roggen, CO........ 74CO 1,200

Yoder Airstrip Airport, Bennett, CO............... CD09 1,200

------------------------------------------------------------------------

Upon expiration of the proposed SFAR, [Insert date 3 years after

date of publication of the final rule], the Mode C transponder

requirement would become effective for aircraft operations to and from

the designated airports. However, during the effective period of the

SFAR, the FAA will continue to conduct field evaluations, as the

remaining Class B airspace areas receive and commission the new radar

systems, to reassess the radar coverage within the associated Mode C

veil. Additionally, the FAA will explore the feasibility of making

permanent exclusions based on safety, operational impact, and radar

coverage. The public will be invited to provide comment on any such

proposals through further notice published in the Federal Register.

Paperwork Reduction Act

This proposed rule contains no information collection requests

requiring approval of the Office of Management and Budget pursuant to

the Paperwork Reduction Act (44 U.S.C. 3507 et seq.).

International Civil Aviation Organization and Joint Aviation

Regulations

In keeping with the U.S. obligations under the Convention on

International Civil Aviation (ICAO), it is the FAA policy to comply

with ICAO Standards and Recommended Practices (SARP) to the maximum

extent practicable. For this notice, the FAA has determined that this

proposal, if adopted, would not present any difference.

Regulatory Evaluation Summary

The FAA has determined that this proposed rule is not a

``significant regulatory action,'' as defined by Executive Order 12866

(Regulatory Planning and Review). The anticipated costs and benefits

associated with this proposed rule are summarized below.

Overview

When SFAR No. 62 was adopted (December 1990), the FAA designated

306 airports located within the 24 Class B airspace Mode C veils at

which the Mode C requirement would be temporarily suspended. SFAR No.

62 allowed aircraft operations into and out of these designated

airports without an operable Mode C transponder if these operations

were conducted at and below the altitude specified, within 2-nautical

miles from the airport's center, and along a direct route (or as

directed by ATC) between that airport and the outer boundary of the

Mode C veil. In this evaluation, the term ``Designated Airports''

refers to those outlying airports located within the 24 Class B

airspace areas Mode C veils where local airport operations were beyond

or below ATC radar coverage and, as such, were temporarily suspended

from Mode C requirements by the forerunner of this SFAR.

Benefits

This proposed rule is expected to generate potential benefits in

the form of: (1) Increased convenience to pilots operating aircraft not

equipped with operable Mode C transponders, and (2) enhanced

operational efficiency to FAA air traffic control.

Prior to SFAR No. 62, aircraft not equipped with operable Mode C

transponders could operate at an airport within a Mode C veil only

after receiving ATC authorization. This requirement was valid at all

airports within the Mode C veil, even those airports that were located

beyond existing ATC radar coverage. Because ATC authorization can only

be granted on a case-by-case basis, the process of obtaining ATC

authorization can be inefficient and time consuming for pilots, as well

as the FAA. The benefit of this proposed rule would be temporary relief

from the burden of obtaining individual ATC authorizations for those

aircraft operations at airports located beyond existing radar coverage.

For FAA air traffic control, this proposed rule would provide

benefits in the form of enhanced operational efficiency. Such enhanced

efficiency would be the temporary relief of ATC from assigning

authorizations, particularly during busy periods. This proposed rule

would allow TAC to allocate temporarily its personnel and equipment

resources to more productive functions.

Although the benefits of this proposed rule have not been

quantified, they are expected to be large for both aircraft operators

and the FAA.

Costs

This proposed rule is not expected to impose costs on the FAA or

society. In addition, this proposed rule would not impose significant

costs on the aviation community (namely, fixed based operators).

This proposed rule would not impose additional equipment or

personnel costs to the FAA. The acquisition of new radar tracking

systems is a routine cost of upgrading FAA equipment. No additional FAA

personnel would be required, because the temporary suspension of the

Mode C transponder requirement is expected to enhance air traffic

control (ATC) operational efficiency by eliminating the need for ATC

authorizations at the designated airports. This proposed rule would

reduce the demand on ATC equipment and personnel resources.

This proposed rule is not expected to impose societal costs, in the

form of reduced aviation safety. When the FAA initially published SFAR

No. 62, which temporarily suspended the Mode C requirements at the

Designated Airports, it did so on the basis that there was no ATC radar

coverage at those Designated Airports. The regulatory evaluation

prepared for that final rule concluded that there would not be any

adverse impact on aviation safety, because the full intent of the Mode

C rule had not been realized. Furthermore, such safety would not be

realized until ATC radar coverage was extended to those designated

airports, through the installation of the new ASR-9 radar.

Since the implementation of SFAR No. 62, ASR-9 radar has been

commissioned at 10 of the 24 Class B airspace areas. Under this

proposed rule, aviation safety would not be affected adversely for two

reasons. First, operations at those designated airports located within

the Mode C veils of the 14 Class B airspace areas not utilizing the

ASR-9 radar would be temporarily excluded from the Mode C requirements.

Second, operations at those designated airports, located within the

Mode C veils of the 10 Class B airspace areas now equipped with ASR-9

radar, would be subject to the requirements of the Mode C rule when

conducted within that associated airspace covered by the extended ASR-9

radar coverage. Operations conducted at those same airports, but below

the areas of ASR-9 radar coverage, would be exempt from the Mode C

rule. The areas not covered by the ASR-9 radar would be defined by a

specified ceiling altitude and extend down to the surface. For example,

prior to the installation of ASR-9 radar, radar coverage excluded the

airspace above Airport A, from a ceiling of 2000 feet AGL down to the

ground. As the result of the installation of ASR-9 radar, the airspace

above Airport A, which is not excluded from the enhanced ATC coverage,

is from a ceiling of 1000 feet AGL down to the ground. Under this

proposed rule, operations below 1000 feet AGL would be temporarily

excluded from the Mode C requirements, since operations below the

altitude of 1000 feet AGL are beyond ATC radar coverage. Thus, the FAA

contends that access to certain outlying airports by aircraft without

Mode C transponders can be accommodated without diminishing Mode C

safety benefits, provided the operation is conducted outside radar

coverage. When aircraft operations are confined exclusively to areas of

no radar coverage, many of the safety benefits of the Mode C rule

cannot be realized. Further enhancement of the radar tracking system is

expected to increase radar coverage, thus extending the Mode C benefits

to more areas outside of the current radar coverage.

For the aviation community, the FAA anticipates that this proposed

rule would impose no significant costs on fixed base operators (FBO's).

FBO's represent the most likely group to incur potential costs. When

the FAA evaluated the potential cost impact of SFAR No. 62 on FBO's, it

did so on the increased likelihood that some general aviation (GA)

aircraft operators (without Mode C transponders) would relocate to

airports outside of the Mode C veil from airports inside of the Mode C

veil. If this relocation activity had materialized, FBO's inside of the

Mode C veil would have incurred lost revenues from decreases in demand

for mechanical repairs and related activities from some GA aircraft

operators. After SFAR No. 62 was issued as a notice, the FAA did not

receive any comments from FBO's with regard to cost impacts. Therefore,

with no cost impact comments received on SFAR No. 62, this evaluation

concludes that the proposed rule would not have any significant cost

impact on any FBO's.

Conclusion

This proposed rule is not expected to impose costs on either the

FAA or society. In addition, this proposed rule would not impose any

significant costs on the aviation community (FBO's). The FAA estimates

that this proposed rule would generate benefits in the form of

increased convenience to some GA aircraft operators and increased

operational efficiency to FAA air traffic control. Thus, the FAA

contends that this proposed rule is cost-beneficial.

Initial Regulatory Flexibility Determination

The Regulatory Flexibility Act of 1980 (RFA) was enacted to ensure

that small entities are not unnecessarily and disproportionately

burdened by Government regulations. The RFA requires agencies to review

rules that may have ``a significant economic impact on a substantial

number of small entities.'' The types of small entities that could be

potentially affected by the implementation of the proposed rule are air

taxi operators and FBOs.

In terms of air taxi operators, no cost impacts are anticipated by

this proposed rule. This assessment is based on the FAA's estimation

that these operators are already equipped with Mode C transponders.

They are, in all likelihood, based at airports within the Mode C veil

which fall within the radar coverage of ATC.

In terms of FBO's, the FAA estimates that this proposed rule would

not impose significant costs. This assessment is based on the belief

that FBO's would not experience revenue losses from GA aircraft to

airports outside of the Mode C veil or undesignated airports within the

Mode C veil to designated airports specified in this proposed rule.

Although the proposed rule provides access to a Mode C veil, the FAA

believes that this proposed rule does not provide GA aircraft operators

with much of an incentive to relocate. This assessment is further

supported by the belief that the vast majority of those GA aircraft

operators required to install Mode C transponders acquired them by

December 30, 1990 (Phase II of the Mode C rule for Airport Radar

Service Areas). Therefore, the FAA contends that a regulatory

flexibility analysis is not required because this proposed rule would

not have a significant economic impact on substantial number of small

entities.

International Trade Impact Assessment

This proposed rule would not have an effect on the sale of foreign

aviation products or services in the United States, nor would not have

an effect on the sale of U.S. products or services in foreign

countries. This proposed rule would neither impose costs on aircraft

operators nor aircraft manufacturers (U.S. or foreign) that would

result in a competitive disadvantage to either. The proposed rule may

impose insignificant costs on FBO's in the United States. However,

FBO's in the U.S. do not compete directly with FBO's in foreign

countries. Therefore, no competitive trade disadvantage is expected to

impact FBO's.

Federalism Determination

This proposed rule would 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 (52 FR 41685; October 30, 1987), it is determined that this

proposed rule does not have sufficient federalism implications to

warrant the preparation of a Federalism Assessment.

Conclusion

For the reasons discussed in the preamble, and based on the

findings in the Initial Regulatory Flexibility Determination and the

International Trade Impact Assessment, the FAA has determined that this

proposed regulation is not a ``significant regulatory action'' under

Executive Order 12866. In addition the FAA certifies that this proposed

regulation, if adopted, would 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 Simplication, Analysis, and Review of Regulations. An initial

Regulatory Flexibility Determination and International Trade Impact

Assessment, has been placed in the docket. A copy may be obtained by

contacting the person identified under FOR FURTHER INFORMATION CONTACT.

List of Subjects in 14 CFR Part 91

Agriculture, Air traffic control, Aircraft, Airmen, Airports,

Aviation safety, Canada, Cuba, Federal Aviation Administration,

Freight, Mexico, Noise control, Political candidates, Reporting and

recordkeeping requirements.

The Proposed Amendment

In consideration of the foregoing, the Federal Aviation

Administration proposes to amend part 91 of the Federal Aviation

Regulation (14 CFR part 91) as follows:

PART 91--GENERAL OPERATING AND FLIGHT RULES

1. The authority citation for 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).

2. Special Federal Aviation Regulation (SFAR) No. 62, which expired

on December 30, 1993, is reinstated as SFAR 62-1 and amended to read as

follows:

Special Federal Aviation Regulation No. 62-1--Suspension of Certain

Aircraft Operations From the Transponder With Automatic Pressure

Altitude Reporting Capability Requirement

Section 1. For purposes of this SFAR:

(a) The airspace within 30 nautical miles of a Class B airspace

area primary airport, from the surface upward to 10,000 feet MSL,

excluding the airspace designated as a Class B airspace area is

referred to as the Mode C veil.

(b) Effective until [Insert date three years after date of

publication of the final rule], the transponder with automatic

altitude reporting capability requirements of Sec. 91.215(b)(2) do

not apply to the operation of an aircraft:

(1) In the airspace at or below the specified altitude and

within a 2-nautical mile radius, or, if directed by ATC, within a 5-

nautical mile radius, of an airport listed in Section 2 of this

SFAR; and

(2) In the airspace at or below the specified altitude along the

most direct and expeditious routing, or on a routing directed by

ATC, between an airport listed in Section 2 of this SFAR and the

outer boundary of the Mode C veil airspace overlying that airport,

consistent with established traffic patterns, noise abatement

procedures, and safety.

Section 2. Effective until [Insert date three years after date

of publication of the final rule], airports at which the provisions

of Sec. 91.215(b)(2) do not apply.

(1) Airports within a 30-nautical mile radius of The William B.

Hartsfield Atlanta International Airport.

------------------------------------------------------------------------

Alt.

Airport name Arpt ID (AGL)

------------------------------------------------------------------------

Air Acres Airport, Woodstock, GA.................. 5GA4 1,500

B&L Strip Airport, Hollonville, GA................ GA29 1,500

Camfield Airport, McDonough, GA................... GA36 1,500

Cobb County-McCollum Field Airport, Marietta, GA.. RYY 1,500

Covington Municipal Airport, Covington, GA........ 9A1 1,500

Diamond R Ranch Airport, Villa Rica, GA........... 3GA5 1,500

Dresden Airport, Newnan, GA....................... GA79 1,500

Eagles Landing Airport, Williamson, GA............ 5GA3 1,500

Fagundes Field Airport, Haralson, GA.............. 6GA1 1,500

Gable Branch Airport, Haralson, GA................ 5GA0 1,500

Georgia Lite Flite Ultralight Airport, Acworth, GA 31GA 1,500

Griffin-Spalding County Airport, Griffin, GA...... 6A2 1,500

Howard Private Airport, Jackson, GA............... GA02 1,500

Newnan Coweta County Airport, Newnan, GA.......... CCO 1,500

Peach State Airport, Williamson, GA............... 3GA7 1,500

Poole Farm Airport, Oxford, GA.................... 2GA1 1,500

Powers Airport, Hollonville, GA................... GA31 1,500

S & S Landing Strip Airport, Griffin, GA.......... 8GA6 1,500

Shade Tree Airport, Hollonville, GA............... GA73 1,500

------------------------------------------------------------------------

(2) Airports within a 30-nautical mile radius of the General

Edward Lawrence Logan International Airport.

------------------------------------------------------------------------

Alt.

Airport name Arpt ID (AGL)

------------------------------------------------------------------------

Berlin Landing Area Airport, Berlin, MA........... MA19 2,500

Hopedale Industrial Park Airport, Hopedale, MA.... 1B6 2,500

Larson's SPB, Tyngsboro, MA....................... MA74 2,500

Moore AAF, Ayer/Fort Devens, MA................... AYE 2,500

New England Gliderport, Salem, NH................. NH29 2,500

Plum Island Airport, Newburyport, MA.............. 2B2 2,500

Plymouth Municipal Airport, Plymouth, MA.......... PYM 2,500

Taunton Municipal Airport, Taunton, MA............ TAN 2,500

Unknown Field Airport, Southborough, MA........... 1MA5 2,500

------------------------------------------------------------------------

(3) Airports within a 30-nautical mile radius of the Charlotte/

Douglas International Airport.

------------------------------------------------------------------------

Alt.

Airport name Arpt ID (AGL)

------------------------------------------------------------------------

Arant Airport, Wingate, NC........................ 1NC6 2,000

Bradley Outernational Airport, China Grove, NC.... NC29 1,500

Chester Municipal Airport, Chester, SC............ 9A6 1,600

China Grove Airport, China Grove, NC.............. 76A 1,500

Goodnight's Airport, Kannapolis, NC............... 2NC8 1,500

Knapp Airport, Marshville, NC..................... 3NC4 2,000

Lake Norman Airport, Mooresville, NC.............. 14A 2,000

Lancaster County Airport, Lancaster, SC........... LKR 1,600

Little Mountain Airport, Denver, NC............... 66A 2,000

Long Island Airport, Long Island, NC.............. NC26 2,000

Miller Airport, Mooresville, NC................... 8A2 1,500

U S Heliport, Wingate, NC......................... NC56 1,600

Unity Aerodrome Airport, Lancaster, SC............ SC76 1,900

Wilhelm Airport, Kannapolis, NC................... 6NC2 1,900

------------------------------------------------------------------------

(4) Airports within a 30-nautical mile radius of the Chicago-

O'Hare International Airport.

------------------------------------------------------------------------

Alt.

Airport name Arpt ID (AGL)

------------------------------------------------------------------------

Aurora Municipal Airport, Chicago/Aurora, IL...... ARR 1,200

Donald Alfred Gade Airport, Antioch, IL........... IL11 1,200

Dr. Joseph W. Esser Airport, Hampshire, IL........ 7IL6 1,200

Flying M. Farm Airport, Aurora, IL................ IL20 1,200

Fox Lake SPB, Fox Lake, IL........................ IS03 1,200

Graham SPB, Crystal Lake, IL...................... IS79 1,200

Herbert C. Mass Airport, Zion, IL................. IL02 1,200

Landings Condominium Airport, Romeoville, IL...... C49 1,200

Lewis University Airport, Romeoville, IL.......... LOT 1,200

McHenry Farms Airport, McHenry, IL................ 44IL 1,200

Olson Airport, Plato Center, IL................... LL53 1,200

Redeker Airport, Milford, IL...................... IL85 1,200

Reid RLA Airport, Gilberts, IL.................... 6IL6 1,200

Shamrock Beef Cattle Farm Airport, McHenry, IL.... 49LL 1,200

Sky Soaring Airport, Union, IL.................... 55LL 1,200

Waukegan Regional Airport, Waukegan, IL........... UGN 1,200

Wormley Airport, Oswego, IL....................... 85LL 1,200

------------------------------------------------------------------------

(5) Airports within a 30-nautical mile radius of the Cleveland-

Hopkins International Airport.

------------------------------------------------------------------------

Alt.

Airport name Arpt ID (AGL)

------------------------------------------------------------------------

Akron Fulton International Airport, Akron, OH..... AKR 1,300

Bucks Airport, Newbury, OH........................ 400H 1,300

Derecsky Airport, Auburn Center, OH............... 6OI0 1,300

Hannum Airport, Streetsboro, OH................... 69OH 1,300

Kent State University Airport, Kent, OH........... 1G3 1,300

Lost Nation Airport, Willoughby, OH............... LNN 1,300

Mills Airport, Mantua, OH......................... OH06 1,300

Portage County Airport, Ravenna, OH............... 29G 1,300

Stoney's Airport, Ravenna, OH..................... OI32 1,300

Wadsworth Municipal Airport, Wadsworth, OH........ 3G3 1,300

------------------------------------------------------------------------

(6) Airports within a 30-nautical mile radius of the Dallas/Fort

Worth International Airport.

------------------------------------------------------------------------

Alt.

Airport name Arpt ID (AGL)

------------------------------------------------------------------------

Beggs Ranch/Aledo Airport, Aledo, TX.............. TX15 1,800

Belcher Airport, Sanger, TX....................... TA25 1,800

Bird Dog Field Airport, Krum, TX.................. TA48 1,800

Boe-Wrinkle Airport, Azle, TX..................... 28TS 1,800

Flying V Airport, Sanger, TX...................... 71XS 1,800

Graham Ranch Airport, Celina, TX.................. TX44 1,800

Haire Airport, Bolivar, TX........................ TX33 1,800

Hartlee Field Airport, Denton, TX................. 1F3 1,800

Hawkin's Ranch Strip Airport, Rhome, TX........... TA02 1,800

Horseshoe Lake Airport, Sanger, TX................ TE24 1,800

Ironhead Airport, Sanger, TX...................... T58 1,800

Kezer Air Ranch Airport, Springtown, TX........... 61F 1,800

Lane Field Airport, Sanger, TX.................... 58F 1,800

Log Cabin Airport, Aledo, TX...................... TX16 1,800

Lone Star Airpark Airport, Denton, TX............. T32 1,800

Rhome Meadows Airport, Rhome, TX.................. TS72 1,800

Richards Airport, Krum, TX........................ TA47 1,800

Tallows Field Airport, Celina, TX................. 79TS 1,800

Triple S Airport, Aledo, TX....................... 42XS 1,800

Warshun Ranch Airport, Denton, TX................. 4TA1 1,800

Windy Hill Airport, Denton, TX.................... 46XS 1,800

Aero Country Airport, McKinney, TX................ TX05 1,400

Bailey Airport, Midlothian, TX.................... 7TX8 1,400

Branson Farm Airport, Burleson, TX................ TX42 1,400

Carroll Air Park Airport, De Soto, TX............. F66 1,400

Carroll Lake-View Airport, Venus, TX.............. 70TS 1,400

Eagle's Nest Estates Airport, Ovilla, TX.......... 2T36 1,400

Flying B Ranch Airport, Ovilla, TX................ TS71 1,400

Lancaster Airport, Lancaster, TX.................. LNC 1,400

Lewis Farm Airport, Lucas, TX..................... 6TX1 1,400

Markum Ranch Airport, Fort Worth, TX.............. TX79 1,400

McKinney Municipal Airport, McKinney, TX.......... TKI 1,400

O'Brien Airpark Airport, Waxahachie, TX........... F25 1,400

Phil L. Hudson Municipal Airport, Mesquite, TX.... HQZ 1,400

Plover Heliport, Crowley, TX...................... 82Q 1,400

Venus Airport, Venus, TX.......................... 75TS 1,400

------------------------------------------------------------------------

(7) Airports within a 30-nautical mile radius of the Denver

International Airport.

------------------------------------------------------------------------

Alt.

Airport name Arpt ID (AGL)

------------------------------------------------------------------------

Air Dusters Inc., Airport, Roggen, CO............. 49CO 1,200

Bijou Basin Airport, Byers, CO.................... CD17 1,200

Boulder Municipal Airport, Boulder, CO............ 1V5 1,200

Bowen Farms No. 1 Airport, Littleton, CO.......... CO98 1,200