Establishment of the Asheville Regional Airport Class C Airspace Area, NC, and Revocation of the Asheville Class D Airspace Area, NC; Final Rule DEPARTMENT OF TRANSPORTATION

SUMMARY: This action establishes a Class C airspace area at the

Asheville Regional Airport, and revokes the Class D airspace area at

Asheville, NC. Asheville Regional Airport is a public-use facility with

an operating control tower served by a Level II Terminal Radar Approach

Control Facility (TRACON) 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 Asheville

Regional 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, March 31, 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 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 120 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 not identified as a candidate for a Class C airspace area in the

preamble to Amendment No. 71-10 (50 FR 9252). The Asheville Regional

Airport did not meet the numerical Class C airspace area criteria

candidacy as set by the NAR Task Group at that time.

The Asheville Regional 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.

Current symptoms of potential safety problems within the Asheville

TRSA, which indicate a need for Class C airspace, include the volume of

passenger enplanements and the complexity of aircraft operations at

Asheville. Complexity refers to air traffic conditions resulting from a

mix of VFR and IFR aircraft that vary widely in speed and

maneuverability. As this mix increases, so does the potential for

midair collisions. The volume of passenger enplanements at Asheville

for calendar year 1990 was 268,683, for calendar year 1991 was 261,740,

and for January-September 1992 was 215,068. This volume of passenger

enplanements and aircraft operations meets the FAA criteria for

establishing Class C airspace to enhance safety.

On July 23, 1993, the FAA proposed to designate a Class C airspace

area at the Asheville Regional Airport, NC (58 FR 39479). Interested

parties were invited to participate in this rulemaking proceeding by

submitting comments on the proposal to the FAA. Two comments were

received in support of the proposal from the Aircraft Owners and Pilots

Association and the Air Line Pilots Association.

The Rule

This amendment to part 71 of the Federal Aviation Regulations (14

CFR part 71) establishes a Class C airspace area at the Asheville

Regional Airport and revokes the Class D airspace area at Asheville,

NC. Asheville Regional 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 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 Asheville, NC, 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

The FAA has determined that this final rule is not a ``significant

regulatory action,'' as described by Executive Order 12866 (Regulatory

Planning and Review). The anticipated costs and benefits associated

with this final rule are summarized below. (A detailed discussion of

costs and benefits is contained in the full evaluation in the docket

for this final rule).

Costs

The FAA has determined that establishing the Asheville Class C

airspace area will impose one-time administrative cost of $535

(discounted, 1992 dollars) on the FAA. For the aviation community

(namely, aircraft operators and fixed-based operators), the final rule

will impose only negligible costs. The potential coast associated with

establishing the Asheville, NC, Class C airspace area are discussed

below.

1. Potential FAA Administrative Costs (air traffic controller

staffing, controller training, and facility equipment costs).

For the Asheville Class C airspace area (and the Class C airspace

area program in general), the FAA does not expect to incur any

additional costs for ATC staffing, training, or facility equipment. The

FAA is confident that it can handle any additional traffic that will

participate in radar services at the Asheville Class C airspace area

site through more efficient use of personnel at current authorized

staffing level. The FAA expects to train its controller force at

Asheville in Class C airspace area procedures during regularly

scheduled briefing sessions routinely held at Asheville, NC. Thus, no

additional training costs are expected. No significant equipment

requirements are anticipated.

2. Other potential FAA Administrative Costs (revision of charts,

notification of the public, and pilot education).

Establishment of Class C airspace areas throughout the country has

made it necessary, and will continue to make it necessary, to revise

section charts to remove existing airspace depictions and incorporate

the new Class C airspace area boundaries. The FAA currently revises

these sectional charts every 6 months. Changes of the type required to

depict a Class C airspace area are made routinely during these charting

cycles, and can be considered an ordinary operating costs. Thus, the

FAA does not expect to incur any additional charting costs as a result

of the Asheville, NC, Class C airspace area. Pilots should not incur

additional costs obtaining current charts depicting Class C airspace

areas because they should be using only current charts.

The FAA holds informal public meetings at each Class C airspace

area location. These meetings provide pilots with the best opportunity

to learn both how a Class C airspace area works and how it will affect

their local operations. The costs associated with these public meetings

are incurred regardless of whether a Class C airspace area is

ultimately established. Thus, they are more appropriately considered

routine FAA costs. Given that the proposed Class C airspace area is

becoming a final rule, subsequent public information costs will be

strictly attributed to the final rule. For instance, the FAA will

distribute a Letter to Airmen to all pilots residing within 50 miles of

the Asheville Class C airspace area that will explain the operation and

airspace configuration of the new Class C airspace area. The Letter to

Airmen cost will be approximately $535 (discounted). This one-time

negligible cost will be incurred upon the initial establishment of the

Class C airspace area.

3. Potential Costs to the Aviation Community (circumnavigation

delays, and radio communications).

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

Class C airspace area without significantly deviating from their

regular flight paths. They could also remain clear of the Class C

airspace area by flying above the ceiling (6,200 feet MSL). The FAA

estimates that the final rule will have a negligible, if any, cost

impact on non-participating general aviation (GA) aircraft operations

because of the small deviations from current flight paths imposed on

these operations. The FAA recognizes that delays might develop at

Asheville, NC, following the initial establishment of the Class C

airspace area. The additional traffic that ATC will be handling due to

the mandatory pilot participation requirement may result in minor

delays to aircraft operations. However, these delays that might occur

will be transitional in nature. The FAA contends that any potential

delays will eventually be more than offset by the increased flexibility

afforded controllers in handling traffic as a result of Class C

airspace area separation standards. This has been the experience at the

three Class C airspace areas that have been in effect for the longest

period of time as well as at more recently established Class C airspace

areas. The FAA does not anticipate that establishing a Class C airspace

area at Asheville, NC, will result in any problems, and the FAA expects

a smooth transition process, which has characterized the majority of

Class C airspace area sites established to date.

The FAA assumes that nearly all aircraft operating in the vicinity

of the Class C airspace area already have two-way radio communications

capability because of the Mode C requirement that has been in effect

since December 1990.

Benefits

The Asheville, NC, Class C airspace area will generate potential

safety benefits in the form of lowered risks of midair collisions due

to increased controlled airspace around Asheville for several reasons.

First, the Asheville, NC, Airport is located in a very mountainous area

with relatively high minimum safe altitudes surrounding the airport

which tends to force the mixture of all aircraft into and out of the

same valleys and tunnels. Second, the terrain and lack of available

airspace causes local flying schools to utilize the same practice areas

for flight training. Finally, the arrivals and departures all funnel in

and out of the valley which does not allow for dedicated arrival and

departure routes.

Based on the increased risk of a midair collision at Asheville, the

FAA is establishing a Class C airspace area to prevent a safety problem

from occurring. These symptoms are the volume of passenger enplanements

and the complexity of aircraft operations at Asheville, NC. The volume

of passenger enplanements at Asheville for calendar year 1990 was

268,683, for calendar year 1991 was 261,740, and for January-September

1992 was 215,068. This volume of passenger enplanements and aircraft

operations have made Asheville, NC, eligible to become a Class C

airspace area.

The Class C airspace area program has the potential for reducing

the risk of a midair collision by reducing the number of near-midair

collisions (NMAC). In a study of NMAC data, the FAA's Office of

Aviation Safety (ASF) found that approximately 15 percent of reported

NMAC's occur in Terminal Radar Service Area (TRSA) airspace. This study

found that about half of all NMAC's occur in the 1,000 to 5,000 feet

altitude range, which is closely comparable to the altitudes where

pilot participation will be mandatory in the Class C airspace. This

study also found that over 85 percent of NMAC's occur under VFR

conditions when visibility is 5 miles or greater. Finally, the study

found that the largest number of NMAC reports were associated with IFR

operator under radar control conflicting with VFR traffic during VFR

flight conditions below 12,500 feet. The mandatory participation

requirements of the Class C airspace area and the radar services

provided by ATC to VFR as well as IFR pilots will help alleviate such

conflicts.

A study conducted by the Engineering & Economics Research, Inc.,

for the NAR Task Group reviewed NMAC data for Austin and Columbus

during the 1978 to 1984 period. This study found that the presence of

an ARSA (a Class C airspace area) reduced the probability of NMAC

occurrence by 38 percent at Austin and 33 percent at Columbus. Another

FAA study estimated that the potential for NMAC's could be reduced by

about 44 percent. Since near midair and actual midair collisions result

from similar casual factors, a reduction in near midair collisions as a

result of the Class C airspace area program suggests that a reduction

in the risk of midair collisions will also happen.

The Office of Aviation Policy, Plans, and Management Analysis study

of the Class C airspace area confirmation sites included a detailed

analysis to determine if a reduction in midair collision risk might

result from replacing a TRSA with a Class C airspace area. The

collision risk analysis was based on the experience at Columbus because

recorded radar data through Automated Radar Terminal System (ARTS III-

A) extraction was available there. The study focused on conditions of

fairly heavy VFR activity in the terminal radar area since the Class C

airspace area affects procedures used to handle VFR traffic there. The

analysis examined the intersections of flight paths before and after

the Class C airspace area was installed because the replacement of a

TRSA with a Class C airspace area might alter the routes of travel,

particularly for aircraft that did not previously participate in the

TRSA. The flight path analysis focused on the areas immediately around,

under, and over the Class C airspace area, and determined that there

was no compression of traffic in this airspace following installation

of the Class C airspace area. In the absence of compression, the study

concluded that the mandatory participation requirement for all aircraft

operating within the Class C airspace area resulted in a 75 percent

reduction in midair collision risk.

The circumstances observed at the Columbus test site may not be the

same at other TRSA locations and the 75 percent reduction in midair

collision risk measured there may not be achieved at other Class C

airspace area sites. Therefore, the FAA conservatively estimates that

the Class C airspace area program will reduce the risk of a midair

collision by 50 percent at TRSA locations.

The reduction of midair collision risks by 50 percent will result

in the prevention of one midair collision nationally every one to two

years. The quantifiable benefits of preventing a midair collision can

range from less than $160,000 by preventing a minor non-fatal collision

between GA aircraft to $313 million by preventing a midair collision

involving a passenger jet airplane. Establishment of the Asheville, NC,

Class C airspace area will contribute to this improvement in aviation

safety.

Ordinarily, the benefit of a reduction in the risk of midair

collisions from establishing a Class C airspace area will be attributed

entirely to the Class C airspace area program. However, an

indeterminant amount of the benefits has to be credited to the

interaction of the Class C airspace area (and the Class C airspace area

program in general) with the Mode C Rule, which in turn interacts with

the Traffic Alert Collision Avoidance System (TCAS) Rule. That is

because the benefits of the Asheville, NC, Class C airspace area, as

well as other designated airspace actions that require Mode C

transponders, cannot be separated from the benefits of the Mode C and

TCAS Rules. The Class B airspace and Class C airspace area programs

(including the Asheville, NC, Class C airspace), plus the Mode C and

TCAS Rules share potential benefits totaling $4.2 billion in 1992

dollars.

Comparison of Costs and Benefits

The FAA has determined that the final rule to establish a Class C

airspace area at Asheville, NC, will impose a negligible cost of $535

on the agency. The total cost of the Mode C and TCAS rules and the

Class B and Class C airspace programs is $991 million. When this cost

estimate of $535 is added to the total cost of these rules, the costs

will still be less than $4.2 billion. The final rule will also generate

some benefits in the form of enhanced operational efficiency. In

addition, the final rule will only impose negligible additional costs

to the aviation community. Thus, the FAA believes that the final rule

will be cost-beneficial.

International Trade Impact Assessment

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

procedures at and in the vicinity of Asheville, NC. The final rule will

not impose a competitive trade advantage or disadvantage on foreign

firms in the sale of either foreign aviation products or services in

the United States. In addition, domestic firms will not incur a

competitive trade advantage or 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 government regulations. Small entities

are independently owned and operated small businesses and small not-

for-profit organizations. The RFA requires agencies to review rules

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

of small entities.''

Under FAA Order 2100.14A entitled Regulatory Flexibility Criteria

and Guidance, a significant economic impact means annualized net

compliance costs to an entity, which when adjusted for inflation is

greater than or equal to the threshold cost level for that entity. A

substantial number of small entities means a number that is eleven or

more and is more than one-third the number of small entities subject to

a proposed or existing rule.

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

potentially affected by the final rule are fixed-base operators, flight

training operations, and other small aviation businesses located at the

Asheville, NC, Airport. Any additional costs that these entities are to

incur have already been taken into account in the Mode C Rule.

Moreover, there were no comments addressing the economic impact of the

proposed rule. The FAA concludes that the additional airspace

restrictions imposed by the Class C airspace area should not have an

adverse impact on small entities.

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

For the reasons discussed under ``Regulatory Evaluation,'' the FAA

has determined that this rule (1) is not a ``significant regulatory

action'' under Executive Order 12866; and (2) is not a ``significant

rule'' under DOT Regulatory Policies and Procedures (44 FR 11034,

February 26, 1979). It is also certified that this rule does not

require preparation of a Regulatory Flexibility Analysis under the RFA.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference, Navigation (air).

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 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

* * * * *

ASO NC C Asheville, NC [New]

Asheville Regional Airport, NC

(lat. 35 deg.26'10'' N., long. 82 deg.32'31'' W.)

That airspace extending upward from the surface to and including

6,200 feet MSL within 3 miles either side of the extended runway

centerline within a 5-mile radius of the Asheville Regional Airport;

and that airspace north and south of the airport extending upward

from 4,300 feet MSL to and including 6,200 feet MSL within 3 miles

either side of the extended runway centerline at points on a 5-mile

radius of the airport expanding to within 5 miles either side of the

extended runway centerline at points on a 10-mile radius of the

airport. This Class C airspace area is effective during the specific

days and hours of operation of the Asheville Tower and Approach

Control as established in advance by a Notice to Airmen. The

effective dates and times will thereafter be continuously published

in the Airport/Facility Directory.

* * * * *

Paragraph 5000--Subpart D--Class D Airspace

* * * * *

ASO NC D Asheville, NC [Removed]

* * * * *

Issued in Washington, DC, on February 3, 1994.

Willis C. Nelson,

Acting Manager, Airspace-Rules and Aeronautical Information Division.

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[FR Doc. 94-3247 Filed 2-10-94; 8:45 am]

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