Alteration of Class C Airspace; Bangor International Airport, ME

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 90-AWA-11]

Alteration of Class C Airspace; Bangor International Airport, ME

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; amendment and disposition of comments.

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SUMMARY: This action amends the final rule published in the Federal

Register on February 9, 1993, that established an airport radar service

area (ARSA) (now, Class C airspace area) at Bangor International

Airport, Bangor, ME. The final rule differed from the notice of

proposed rulemaking (NPRM) wherein the final rule included the Brewer

Airport within the surface area of the Bangor Class C airspace.

Subsequently, the final rule was published and comments were solicited

concerning the change to the surface area. This action represents the

FAA's analysis of the comments and the final determination and

rationale for modifying the Bangor Class C airspace area.

EFFECTIVE DATE: 0901 u.t.c., March 31, 1994.

FOR FURTHER INFORMATION CONTACT:

Patricia P. Crawford, 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-

9255.

SUPPLEMENTARY INFORMATION:

History

On April 23, 1991, the FAA proposed to amend part 71 of the Federal

Aviation Regulations (14 CFR part 71) to establish an ARSA (now, Class

C airspace) at Bangor International Airport, ME (56 FR 6584). The NPRM

stated that the Brewer Airport would be excluded from the surface area.

The original cutout for Brewer Airport excluded that airspace below 700

feet mean sea level (MSL) and extended from the Bangor Very High

Frequency Omnidirectional Range/Tactical Air Navigation (VORTAC)

facility 111 deg. radial clockwise to the Bangor 141 deg. radial. The

final rule on this action was published on February 9, 1993, with an

effective date of April 1, 1993 (58 FR 7738). The rule cited concerns

for aircraft operating under visual flight rules (VFR) in close

proximity, in and out of the Brewer Airport, with instrument flight

rules (IFR) traffic on approach to the Bangor International Airport.

This concern prompted the FAA to remove the cutout for Brewer Airport,

thereby placing the airport within the surface area of the Bangor Class

C airspace area. To ascertain how changing the Bangor Class C airspace

area would impact the airspace users, the FAA solicited comments on

this issue. Fourteen comments were received during the comment period

which closed on April 5, 1993.

Discussion of Comments

Most of the comments recommended that the FAA reconsider the design

of the surface area for the Bangor Class C airspace to provide a cutout

for the Brewer Airport as originally proposed.

Comments were received from the Brewer Airport Association (BAA)

encouraging the FAA to reconsider the cutout, citing the meritorious

history of safe aviation activity in the Bangor area. The association

wrote that the Brewer Airport and the Bangor International Airport have

co-existed without incident or near-incident for 50 years. BAA states

that this unblemished track record for safety does not support the

FAA's assertion that IFR operations at Bangor International Airport

would be adversely affected by operations at Brewer Airport.

The Aircraft Owners and Pilots Association (AOPA) recommended that

the FAA sign letters of agreement with the aircraft owners based at

Brewer Airport and examine alternatives that would allow the Brewer

Airport to be removed from the surface area.

Several of the commenters wrote to emphasize that operations under

IFR are not common practice and not anticipated in the future at Brewer

Airport.

Many of the commenters stated that they believe a 600-foot ceiling

would allow for a 500-foot separation or buffer below the instrument

landing system (ILS) glidepath on Runway 33 for approaches to Bangor.

In the commenters' opinion, the 500-foot separation or buffer should be

adequate to support operations at Bangor.

One commenter stated that he opposes a cutout for the Brewer

Airport and does not believe it is in the best interest of the flying

public or the residents of Brewer.

Each of the comments were fully considered. In response to these

recommendations the FAA has reevaluated the Bangor Class C airspace

area and reached the conclusion that the airspace can be safely

modified to allow for a cutout to exclude the Brewer Airport from the

surface area. The new cutout for the Brewer Airport is not the same as

published in the NPRM. That NPRM proposed to exclude the airspace below

700 feet MSL between the 3- to 5-mile radius of the Bangor

International Airport, from the Bangor VORTAC 111 deg. radial clockwise

to the Bangor VORTAC 141 deg. radial. The new cutout area for Brewer

Airport is slightly smaller in size than the original proposal, but

only excludes that airspace below 700 feet MSL between the 3- to 5-mile

radius of the Bangor International Airport extending between the Bangor

VORTAC 122 deg. radial to the Bangor VORTAC 142 deg. radial.

While the Bangor Class C airspace will be modified to exclude the

Brewer Airport from the surface area, the remainder of the Class C

airspace area will not change.

The Rule

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

CFR part 71) modifies the Class C airspace area at the Bangor

International Airport, Bangor, ME. Bangor International Airport is a

public airport with an operating control tower serviced by a Level II

Radar Approach Control Facility.

During the rulemaking process and review, changes were made to

include the Brewer Airport in the surface area for the Bangor Class C

airspace area. The FAA had concluded that excluding Brewer Airport as

proposed in the NPRM could adversely effect IFR traffic at Bangor

International Airport. The rule stated that the potential for an unsafe

condition existed because of the runway orientation at Brewer Airport

in association with operations at Bangor Airport. This condition was

intensified because aircraft would have been allowed to operate in and

out of Brewer Airport without communications with the Bangor Air

Traffic Control Tower (ATCT). The potential impact from the change

affecting the Brewer Airport was recognized during the final review

process and comments were solicited in the final rule. In reaching a

final determination on this issue, the FAA reevaluated the airspace in

the Bangor Class C airspace area, all of the user comments and, in

particular, the changes affecting the Brewer Airport. The conclusion

reached is that the Bangor Class C surface area can be safely modified

to accommodate a cutout for the Brewer Airport without impacting

operations or safety at the Bangor International Airport yet still

meeting the needs of the users at the Brewer Airport. In addition, this

modified cutout was aligned along prominent geographical landmarks to

help pilots operate and navigate safely and easily within the

boundaries of the cutout. These changes will allow aircraft to operate

into, at, and out of the Brewer Airport, under VFR, below 700 feet MSL.

This modified cutout closely mirrors the previous operating airspace at

the Brewer Airport without impacting the approaches into the Bangor

International Airport. This airspace, and the associated operations,

has existed accident and incident free as noted by the Brewer Airport

Association. Aircraft on an instrument approach to the Bangor

International Airport pass directly over the top of, and perpendicular

to, the Brewer Airport, well above the 700 foot ceiling imposed by the

cutout, while aircraft operating at the Brewer Airport would be

approaching or departing the airport perpendicular to, and below, the

approach path of the large aircraft going into Bangor. Aircraft flying

in the pattern at Brewer would be restricted to remain under 700 feet

MSL, and would be remaining south of the Brewer Airport, further away

from the Bangor International Airport, which further increases the

altitude separation between them and any arriving aircraft on a descent

going into the Bangor International Airport. Removing Brewer Airport

from the Class C surface area also allows aircraft to operate at the

Brewer Airport without communicating with the Bangor ATCT, particularly

those local based aircraft without radio capabilities.

Although this airspace design differs from the NPRM and the final

rule, the FAA believes that the changes to the Bangor Class C airspace

area can, and will, accommodate all of the airspace user's needs and

not compromise safe operations at either Bangor International, the

primary airport, or the Brewer Airport. Class C airspace designations

are published in paragraph 4000 of FAA Order 7400.9A date 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 designation listed in this document will be published

subsequently in the Order.

Regulatory Evaluation Summary

The FAA has determined that this rulemaking is not a ``significant

rulemaking action'' as defined by Executive Order 12866 (Regulatory

Planning and Review) and is not a ``significant rule'' under DOT

Regulatory Policies and Procedures (44 FR 11034; February 26, 1979).

The anticipated costs and benefits associated with this action are

summarized below. (A detailed discussion of costs and benefits is

contained in the full regulatory evaluation contained in the docket for

this action.)

Costs

The potential costs of amending the final rule that established the

Bangor Class C airspace area could be the revision of aeronautical

charts. However, the FAA has determined that these airspace revisions

will not impose any costs. The FAA's rationale for this determination

are discussed below.

Revising Aeronautical Charts

Modifying the Bangor Class C airspace area will make it necessary

to revise the Bangor sectional chart to incorporate the modified Class

C airspace boundaries. The FAA currently revises this sectional every

six months. Changes of the type required to depict Class C airspace

areas are made routinely during charting cycles, and can be considered

an ordinary operating cost. Therefore, the FAA does not expect to incur

any additional charting costs as a result of modifying the Bangor Class

C airspace area. Pilots should not incur any additional costs obtaining

current charts depicting Class C airspace because they should be using

current charts.

Benefits

The benefits of providing a cutout in the Bangor Class C airspace

surface area will be the added convenience and increased operational

efficiency. The cutout for the Brewer Airport will generate added

convenience for pilots by providing airspace in which they can land and

depart from that airport without having to participate in Bangor Class

C airspace procedures.

This amendment will increase the operational efficiency for air

traffic controllers at Bangor International Airport. Controllers will

not have to maintain radio contact with aircraft operating at Brewer

Airport in order to provide separation from other aircraft operating in

the Bangor Class C airspace area.

Conclusion

Amending the final rule that established the Bangor Class C

airspace area will not result in any charting costs. The amendment will

provide an added convenience to pilots and increased operational

efficiency to air traffic controllers. Thus, the FAA has determined

that amending the final rule that established the Bangor Class C

airspace area would be cost-beneficial.

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.''

The FAA contends that amending the Bangor Class C airspace area

final rule will not result in a significant economic impact on a

substantial number of small entities. This determination is based on

the fact that the amendment will not impose any costs and on the fact

that the benefits of added convenience are qualitative in nature.

International Trade Impact Assessment

The amendment will only affect U.S. terminal airspace operating

procedures at and in the vicinity of Bangor, ME. The amendment 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.

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

* * * * *

ANE ME C Bangor, ME [Revised]

Bangor International Airport, ME

(lat. 44 deg.48'27'' N., long. 68 deg.49'41'' W.)

Bangor (BGR) VORTAC

(lat. 44 deg.50'31'' N., long. 68 deg.52'26'' W.)

That airspace extending upward from the surface to and including

4,200 feet MSL within a 5-mile radius of Bangor International

Airport, excluding that airspace below 700 feet MSL from the

intersection of the 122 deg. radial of the BGR VORTAC and 5-mile

radius of the airport, to lat. 44 deg.47'08'' N., long.

68 deg.44'57'' W.; to lat. 44 deg.46'43'' N., long. 68 deg.46'07''

W.; to lat. 44 deg.46'19'' N, long. 68 deg.46'19'' W; to the

intersection of the 142 deg. radial of the BGR VORTAC and the 5-mile

radius of the airport, thence counterclockwise on the 5-mile radius

of the airport to the point of origin; that airspace extending

upward from 2,000 feet MSL to and including 4,200 feet MSL within a

10-mile radius of the airport from the 111 deg. radial of the BGR

VORTAC clockwise to the 232 deg. radial of the BGR VORTAC; and that

airspace extending upward from 1,500 feet MSL to and including 4,200

feet MSL within a 10-mile radius of the airport from the 232 deg.

radial of the BGR VORTAC clockwise to the 111 deg. radial of the BGR

VORTAC.

* * * * *

Issued in Washington, DC, on February 18, 1994.

Harold W. Becker,

Manager, Airspace--Rules and Aeronautical Information Division.

Note: This appendix will not appear in the Code of Federal

Regulations.

Appendix to Preamble--Bangor, Maine, Class C Airspace

BILLING CODE 4910-13-M

TR01MR94.004

[FR Doc. 94-4468 Filed 2-28-94; 8:45 am]

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