Proposed Alteration of the Charlotte, NC, Class B Airspace Area; Proposed Rule DEPARTMENT OF TRANSPORTATION

SUMMARY: This notice proposes to alter the Charlotte, NC, Class B

airspace area. This proposal would maintain the upper limit of the

Charlotte, Class B airspace area at 10,000 feet mean sea level (MSL)

and redefine several existing subareas to improve air traffic

procedures. The primary goal of this Class B airspace area modification

is to improve safety while providing the most efficient use of the

terminal airspace. This action is intended to improve the flow of

traffic and increase safety in the Charlotte/Douglas terminal area.

Airspace Reclassification, in effect as of September 16, 1993, has

discontinued the use of the term ``Terminal Control Area,'' replacing

it with the term ``Class B airspace area.''

DATES: Comments must be received on or before May 2, 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. 92-AWA-6, 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 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: Mr. Lewis W. Still, 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) 267-9250.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested parties are invited to participate in this proposed

rulemaking by submitting 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 airspace 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 Airspace Docket No. 92-

AWA-6.'' 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 February 3, 1987, the FAA published a final rule that

established requirements pertaining to the use, installation,

inspection, and testing of Air Traffic Control Radar Beacon System

(ATCRBS) and Mode S transponders in U.S.-registered civil aircraft (53

FR 3380). The rule did not affect the requirement to have an operable

transponder in a TCA.

On June 21, 1988, the FAA published a final rule that requires

aircraft to have Mode C equipment when operating below 10,000 feet MSL

within 30 nautical miles of any designated TCA primary airport, except

for those aircraft not originally certified with an engine driven

electrical system or which have not subsequently been certified with

such a system installed (53 FR 23356).

On October 14, 1988, the FAA published a final rule that revised

the classification and pilot/equipment requirements for conducting

operations in a TCA (53 FR 40318). Specifically, the rule: (a)

Established a single-class TCA; (b) requires the pilot-in-command of a

civil aircraft operating within a TCA to hold at least a private pilot

certificate, except for a student pilot who has received certain

documented training; and (c) eliminated the helicopter exception from

the minimum navigational equipment requirement.

On December 17, 1991, the FAA published a final rule on airspace

reclassification (56 FR 65655). As a result of this reclassification,

that airspace formerly referred to as the Charlotte, NC, Terminal

Control Area was reclassified to Charlotte, NC, Class B airspace area,

effective September 16, 1993.

Background

The Class B airspace area (Terminal Control Area prior to September

16, 1993) program was developed to reduce the midair collision

potential in the congested airspace surrounding airports with high

density air traffic by providing an area in which all aircraft will be

subject to certain operating rules and equipment requirements. The

density of traffic and the types of operations being conducted in the

airspace surrounding major terminals increase the probability of midair

collisions. In 1970, an extensive study found that the majority of

midair collisions occurred between a general aviation (GA) aircraft and

an air carrier, military or another GA aircraft. The basic causal

factor common to these conflicts was the mix of uncontrolled aircraft

operating under visual flight rules (VFR) and controlled aircraft

operating under instrument flight rules (IFR). Class B airspace areas

provide a method to accommodate the increasing number of IFR and VFR

operations. The regulatory requirements of Class B airspace area afford

the greatest protection for the greatest number of people by giving air

traffic control (ATC) increased capability to provide aircraft

separation service, thereby minimizing the mix of controlled and

uncontrolled aircraft. To date, the FAA has established a total of 29

Class B airspace area designations. The FAA is proposing to take action

to modify or implement additional Class B airspace area, to provide

greater protection of air traffic in the airspace regions most commonly

used by passenger-carrying aircraft.

Pre-NPRM Public Input

The North Carolina State Department of Transportation, Division of

Aviation, coordinated the establishment and oversight of an ad hoc

committee to develop a viable Class B airspace area design

recommendation. Representation from airport users and local aviation

groups, including those that participated in the original Terminal

Control Area ad hoc committee, was solicited and attained. Local

control tower facility representatives provided technical input to the

ad hoc committee. The committee's comments and recommendations were

forwarded to the FAA's Southern Region for evaluation, on February 19,

1992, for review and incorporated into the proposed Charlotte, Class B

airspace area modification. As announced in the Federal Register, 57 FR

14745, April 22, 1992, pre-NPRM airspace meetings were held on June 17

and 18, 1992, at the North Carolina Air National Guard Dining Facility,

to allow other local interested airspace users an opportunity to

provide input to the proposed Charlotte, Class B airspace area

modification. As a result of those informal airspace meetings, seven

letters were received from aviation organizations, soaring

organizations and private citizens. The ad hoc committee report,

letters submitted to the FAA, and the minutes of both airspace meetings

are contained in the FAA airspace docket. The context of these letters,

airspace meeting comments/concerns, and the FAA's findings, are

summarized as follows:

1. Some persons were disappointed because they were not selected

to be members of the ad hoc committee. The ad hoc committee members

were chosen by the committee chairman, Mr. J.L. Bondurant, under the

oversight of the North Carolina State DOT, Aviation Division. All

significant aviation interests were represented by the committee.

Any persons who did not participate on the committee had the

opportunity during this phase to express their views for the FAA's

consideration.

2. The Aircraft Owners and Pilots Association (AOPA) requested

that the Class B airspace area altitude be lowered from 10,000 feet

MSL to 8,000 feet MSL. The FAA rejected that proposal. Lowering the

ceiling of the Class B airspace area would encourage VFR flight over

the Class B airspace area between 8,000 feet MSL and 10,000 feet

MSL, especially east/west operations. Should VFR pilots begin

operating in that area, they would encounter heavy arrival and

departure traffic within 15 miles of the Charlotte/Douglas

International Airport. Traffic routinely descends on the downwind

leg of the landing pattern, from altitudes above 8,000 feet MSL.

Additionally, VFR pilots would conflict with traffic on VOR Federal

Airway V-37, a route commonly used for IFR operations into and out

of the Class B airspace area.

3. One commenter stated that lowering the floor of the Class B

airspace area from 6,000 feet MSL to 3,600 feet MSL within the 20 to

25 mile segment north and south of the airport would allow placement

of aircraft at a dangerously low altitude a long way from the

runway. Aircraft outside the existing Class B airspace area are at

these altitudes because of the requirements necessary to conduct

simultaneous instrument approaches to parallel runways within the

Class B airspace area. Under those approach procedures, it is not

unusual or dangerous to have aircraft at these altitudes and

distances on the final approach course.

4. Members of the Soaring Association proposed that the Class B

airspace area not be amended until actual air traffic growth

warrants further change. They also questioned whether more airspace

would increase the airport's ability to handle a higher number of

aircraft. The decision to propose modifying the Class B airspace

area was based on the current air traffic growth and operational

requirements (See discussion of specific growth figures later in

this document). At times, aircraft cross the boundary of the Class B

airspace area during simultaneous instrument approaches to parallel

runways. Since modification is being pursued at this time for

operational reasons, it is desirable for the FAA to consider all

factors, including future airport and air traffic growth forecast.

5. Several commenters noted that other existing Class B airspace

areas have primary airports with runway configurations similar to

Charlotte/Douglas International, and the Class B airspace area does

not extend beyond 20 miles in any direction. The commenters stated

that, because the runway configuration of the Charlotte/Douglas

International Airport is similar to those other primary airports,

the FAA's proposal, which includes Class B airspace area out to 30

miles, is inappropriate. The FAA's responsibility is to manage

effectively the airspace surrounding the Charlotte area, while

providing the requisite level of safety. Comparison with other

airports is generally inappropriate, since no two airports are the

same. Each Class B airspace area must be site specific; and to meet

the operational needs of the Charlotte area, the Charlotte Class B

airspace area is required to extend out to 30 nautical miles.

6. The Chester Soaring Association questioned the need to modify

the airspace to accommodate simultaneous instrument approaches that

occur less than 50 percent of the time. Regardless of the percentage

of use, it is unacceptable to the FAA to have any aircraft routinely

vectored beyond the boundaries of the Class B airspace area into

airspace where aircraft separation is not provided to all aircraft.

7. The Chester Soaring Association also objected to lowering the

Class B airspace area floor southwest and southeast of the airport

from 8,000 feet MSL to 6,000 feet MSL. It also shared the opinion of

the Soaring Society of America that lowering the floor of the Class

B airspace area will render the Chester Soaring site unusable for

competition. The proposed design was submitted by the ad hoc

committee as a means of containing aircraft descending on base leg,

within the Class B airspace area while conducting simultaneous

instrument approaches. While the FAA understands the concerns of the

soaring community, those concerns can be accommodated only to the

extent that they do not compromise the FAA's ability to manage

efficiently the Charlotte Class B airspace area and provide the

optimum level of safety to the flying public.

All comments were considered in developing the proposal to

modify the Class B airspace area. If these modifications are

adopted, the revised Charlotte Class B airspace area chart will

depict VFR flyways and specific access instructions to facilitate

alternatives to flight within the Class B airspace area.

The Proposal

The FAA proposes to amend part 71 of the Federal Aviation

Regulations (14 CFR part 71) to modify the existing Charlotte Class B

airspace area, based on safety and operational needs. The FAA's

responsibility is to manage efficiently the airspace surrounding the

Charlotte area while providing the optimum level of safety to the

flying public. The number of enplaned passengers at Charlotte/Douglas

International Airport was 7,784,047 in 1991 and 8,425,447 in 1992, an

increase of 8.2 percent. The airport operations were 440,956 in 1991

and 466,351 in 1992, more than a 5.8 percent increase in traffic.

Section 91.131 of part 91 of the Federal Aviation Regulations (14

CFR 91.131) prescribes rules for aircraft operating in airspace

designated as a Class B airspace area. The Class B airspace area rule

provides, in part, that prior to entering the Class B airspace area,

any pilot at any airport within the Class B airspace area or flying

through the Class B airspace area must: (1) Obtain appropriate

authorization from ATC; (2) comply with applicable procedures

established by ATC for pilot training operations at an airport within a

Class B airspace area; and (3) hold at least a private pilot

certificate or meet the requirements of Sec. 61.95 of the Federal

Aviation Regulations (14 CFR 61.95), if the aircraft is operated by a

student pilot.

Any person operating an aircraft within a Class B airspace area

must have the aircraft equipped with an operable two-way radio capable

of communications with ATC on appropriate frequencies for that Class B

airspace area, and the applicable operating transponder and automatic

altitude-reporting equipment specified in paragraph (b)(1) of

Sec. 91.215 of the Federal Aviation Regulations. Unless otherwise

authorized by ATC, all large, turbine-powered aircraft operating to or

from a Class B airspace area-primary airport must be operated at or

above the designated floors of the Class B airspace area while within

the lateral limits of the Class B airspace area. The pilot of any

aircraft departing from an airport located within the surface area of a

Class B airspace area is required to receive a clearance from ATC prior

to takeoff.

All aircraft operating within a Class B airspace area are required

to comply with all ATC clearances and instructions. However, ATC may

authorize deviations from any of the operating requirements of the rule

when safety considerations justify the deviation. Ultralight vehicle

operations and parachute jumps in a Class B airspace area may only be

conducted under the terms of an ATC authorization. Definitions and

operating requirements applicable to Class B airspace area may be found

in 14 CFR 71.41, 91.1, 91.117, 91.131, 91.215, SFAR No. 62, and

appendix D to part 91 of the FAR.

The standard configuration of a Class B airspace area consists of 3

concentric circles centered on the primary airport extending to 10, 20,

and 30 nautical miles respectively. Generally, the vertical limits of

the Class B airspace are 10,000 feet MSL, with the floor established at

the surface in the inner area and at levels appropriate to containment

of operations in the outer areas. Variations of these criteria may be

necessary contingent upon terrain, adjacent regulatory airspace, and

other factors unique to the terminal area. The site specific airspace

configuration proposed herein is the result of an extensive FAA study,

conducted after obtaining public input through an ad hoc committee,

informal airspace meetings and written comments. Copies of the report

of this study are contained in the FAA docket and are available on

request. The FAA has determined that the proposed alteration of

airspace for the Charlotte Class B airspace area would be consistent

with Class B airspace area objectives. The proposed configuration

considers the present terminal area flight operations and terrain.

The following proposed modification of the Charlotte Class B

airspace area reflects public comments and user group inputs:

Area A. That airspace extending upward from the surface to and

including 10,000 feet MSL within a 7-mile radius of the Charlotte VOR/

DME.

This airspace is necessary to contain large turbine-powered

aircraft within the Class B airspace area, while operating to and from

the primary airport, and allow for ingress/egress to secondary

airports.

Area B. That airspace extending upward from 1,800 feet MSL to and

including 10,000 feet MSL between the 7- and 11-mile radius of the

Charlotte VOR/DME, excluding that airspace within a 2-mile radius of

the Gastonia Airport.

This airspace is required for vectoring aircraft arriving at, and

departing from, the primary airport.

Area C. That airspace extending upward from 3,600 feet MSL to and

including 10,000 feet MSL between the 11- and 25-mile radius of the

Charlotte VOR/DME, including that airspace within a 2-mile radius of

the Gastonia Airport, excluding that airspace within and below Areas D,

E, and F hereinafter described.

This airspace configuration would provide an area to contain

aircraft during climb and descent transition maneuvers between the

terminal and enroute structures.

Area D. That airspace extending upward from 4,600 feet MSL to and

including 10,000 feet MSL between the 20- and 25-mile radius northwest

of the Charlotte VOR/DME, bounded on the west by U.S. Highway 321, and

bounded on the east by the Marshall Steam Plant Rail Spur; and that

airspace between the 20- and 25-mile radius southwest of the Charlotte

VOR/DME, bounded on the east by U.S. Highway 21, and bounded on the

west by a line due south from the Charlotte VOR/DME 218 deg. radial 20-

mile fix to the intersection of the 25-mile arc.

This airspace is required to provide an area to contain aircraft

using Charlotte/Douglas International Airport during profile descent.

The proposed floor would allow sufficient airspace for VFR operations

underneath the Class B airspace area.

Area E. That airspace extending upward from 6,000 feet MSL to and

including 10,000 feet MSL beginning at lat. 35 deg.36'30'' N., long.

80 deg.57'45'' W., extending counterclockwise on the 25-mile arc of the

Charlotte VOR/DME to U.S. Highway 321, thence south on U.S. Highway 321

until intercepting the 20-mile arc southwest of the Charlotte VOR/DME,

thence counterclockwise on the 20-mile arc to the 218 deg. radial of

the Charlotte VOR/DME, thence due south to the intersection of the 25-

mile arc of the Charlotte VOR/DME, thence due west until intercepting

the 218 deg. radial of the Charlotte VOR/DME, thence southwest on the

218 deg. radial to the 30-mile fix, thence clockwise on the 30-mile arc

to the 328 deg. radial of the Charlotte VOR/DME, thence direct to the

point of beginning, excluding that airspace between the 20- and 30-mile

radius of the Charlotte VOR/DME between the 242 deg. radial of the

Charlotte VOR/DME clockwise to the 293 deg. radial; and that airspace

beginning at lat. 35 deg.36'30'' N., long. 80 deg.57'45'' W., extending

clockwise on the 25-mile arc of the Charlotte VOR/DME to long.

80 deg.46'00'' W., thence due south to the 20-mile arc northeast of the

Charlotte VOR/DME, thence clockwise on the 20-mile arc to the 081 deg.

radial of the Charlotte VOR/DME, thence west along the 081 deg. radial

to the 11-mile fix from the Charlotte VOR/DME, thence direct to the

Charlotte VOR/DME 147 deg. radial 25-mile fix, thence clockwise on the

25-mile arc to the intersection of U.S. Highway 21, thence direct to

the Charlotte VOR/DME 147 deg. radial 30-mile fix, thence

counterclockwise on the 30-mile arc to the Charlotte VOR/DME 025 deg.

radial, thence direct to the point of beginning, excluding that

airspace east of U.S. Highway 601 between the Charlotte VOR/DME

062 deg. radial clockwise to the 120 deg. radial.

This airspace is required to provide an area to contain aircraft

descending into the Charlotte/Douglas International Airport. The

proposed boundaries would allow sufficient airspace for VFR aircraft

operations outside the Class B airspace area.

Area F. That airspace extending upward from 8,000 feet MSL to and

including 10,000 feet MSL between the 20- and 25-mile radius of the

Charlotte VOR/DME from the 242 deg. radial clockwise to the 293 deg.

radial of the Charlotte VOR/DME; and that airspace between the 20- and

25-mile radius from the Charlotte VOR/DME between the 062 deg. radial

of the Charlotte VOR/DME clockwise to the 120 deg. radial and east of

U.S. Highway 601.

This airspace is necessary to provide descent profile for aircraft

en route to Charlotte/Douglas International Airport and to allow

sufficient airspace to VFR operations at area airports.

The preceding summary of the proposed alteration to the Class B

airspace area configuration identifies that airspace which is necessary

to contain large turbojet aircraft operations at the Charlotte/Douglas

International Airport. ATC would provide control and separation service

for all flights within the proposed airspace boundaries. Furthermore,

ATC clearance is required for aircraft operations within that airspace.

Modifying this Class B airspace area would greatly enhance the safety

of flight within the congested airspace overlying the Charlotte

metropolitan area by facilitating the separation of controlled and

uncontrolled flight operations.

Class B airspace area designations are published in Paragraph 3000

of FAA Order 7400.9A, dated June 17, 1993, and effective September 16,

1993, and is incorporated by reference in 14 CFR 71.1 (58 FR 36298),

July 6, 1993. The Class B airspace area designation listed in this

document would be published subsequently in the order.

Regulatory Evaluation

In keeping with the ``principles of regulation'' contained in

Executive Order 12866, this section summarizes the regulatory

evaluation prepared by the FAA on the proposed amendment to 14 CFR part

71--to alter the Charlotte, Class B airspace area, Charlotte, NC. The

full regulatory evaluation, contained in the docket, assesses and

quantifies, to the extent practicable, estimated costs and anticipated

benefits to the private sector, consumers, and Federal, state, and

local governments. Additionally, the FAA has determined that this

proposed rule is not a ``significant regulatory action''.

Operational requirements mandate that the Class B airspace area

shelves be lowered between 20 and 25 nautical miles of the Charlotte/

Douglas International Airport (CLT) to more easily accommodate large

turbine-powered aircraft operating in the Class B airspace area. This

situation is particularly critical when conducting simultaneous ILS

operations due to the present lack of maneuvering airspace for aircraft

on final approach to CLT or taking off from CLT.

The proposed modifications of the Charlotte Class B airspace area

are the result of a staff study conducted by the local FAA authority.

The staff's goal was to determine a better Class B airspace area design

that would provide greater safety for aircraft operating to and from

CLT. The airspace design reflects user feedback and information

obtained during Informal Airspace Meetings held June 17 and 18, 1992 at

the North Carolina Air National Guard Facility at Charlotte Douglas

International Airport.

The proposed modifications were chosen after reviewing three

options. The FAA does not recommend the first option, to retain the

existing Class B airspace area design, because the area boundaries do

not conform to current guidelines for regulated airspace at busier

terminal facilities (FAA Order 7400.2), nor do these boundaries provide

the necessary Class B airspace area to handle levels of traffic

experienced today and projected for the future. The second option,

which is also not recommended, would modify the existing Class B

airspace area to the standard configuration as contained in FAA Order

7400.2. This option does not have any visual references and the amount

of airspace involved would be greater than needed. The FAA chose the

third option, which would establish a site specific Class B airspace

area configuration based on the operational needs of the Air Traffic

facility and input from the Charlotte Class B airspace area ad hoc

committee. This option provides necessary Class B airspace area that

would contain Charlotte present and future traffic flows. It would also

minimize the impact on airspace users and would also enhance the visual

means for boundary definition. Finally, it would provide airspace below

the floor of the Class B airspace area for VFR operators desiring to

remain clear of the Class B airspace area. It would, however, require

site-specific charting, and a non-standard design would require

heightened area awareness by users. It would also establish controlled

airspace where it currently does not exist thereby impacting some

users.

Cost Analysis

The proposed rule would impose little or no administrative costs to

the FAA. Additional personnel and equipment are not needed to implement

this rule. The FAA's controller workforce would be trained in the

aspects and procedures of the proposed Class B airspace area during

regularly scheduled briefing sessions at no additional costs to the

FAA.

The Charlotte Sectional Chart and the Charlotte Terminal Area Chart

would have to be revised, but the FAA would make these changes when

those charts are routinely updated. These changes are considered part

of the ordinary cost of chart revision, and therefore, the FAA would

incur no additional costs. Because pilots normally use current charts,

they should not incur any additional charting costs either; as the

charts become obsolete, pilots should replace them with charts that

depict the modified Class B airspace area.

The proposed rule would impose little costs to VFR users for

several reasons. The FAA expects that Lincolnton, Jaars/Townsend, and

Lake Norman airports would be the only public airports affected by the

lower floor. North of Charlotte, the Class B airspace area floor would

change from 6,000 feet to 4,600 feet (over Lincolnton) and would create

a 6,000 foot floor over Lake Norman. South of Charlotte, the Jaars/

Townsend airport would be affected by the floor of the Class B airspace

area changing from 6,000 feet to 3,600 feet. Those pilots who currently

use this airspace and wish to remain free of Class B airspace area

control would incur circumnavigational costs. However, the added time

and cost to circumnavigate is expected to be minimal. Those pilots who

continue to operate in this airspace by participating in the Charlotte,

Class B airspace area would be inconvenienced.

VFR operators who do not routinely fly inside the Charlotte, Class

B airspace area may be potentially inconvenienced by having to

participate in the Class B airspace area, (i.e., contact ATC and follow

operational rules), if they operate in the areas of proposed Class B

airspace area expansion. The FAA believes that most VFR operators would

not be significantly inconvenienced because they are already

participating in the Class B airspace area, either by voluntarily

contacting ATC when in areas adjacent to or under the Class B airspace

area by monitoring ATC frequencies.

Those aircraft operators who wish to avoid the Class B airspace

area could face circumnavigational costs in those areas where the floor

would be lowered north and south of the airport. However, the FAA

believes that the costs would be negligible. Nevertheless, the FAA

welcomes comments from those individuals that could potentially be

affected by increased circumnavigational costs.

Finally, sailplane pilots, such as those representing the Chester

Soaring Association, could face increased costs by having to relocate

to a new airport should they not be able to fly at Chester. In general,

these users could incur costs if the FAA determines that a desired

level of safety to the flying public could not be maintained if

sailplanes are permitted in the proposed Class B airspace area.

Sailplane pilots who use the Chester, SC airport may have to drive

longer distances and incur added transportation costs before they can

assemble and fly their gliders. In addition, the local economies of

Chester and Charlotte may be adversely affected by those pilots and

families who attend major national-level contests at Chester.

However, under this proposed rule, the FAA would try to accommodate

users of sailplanes even though soaring activities are somewhat random

and unpredictable (as they are dependent upon thermals and other

weather conditions). These users would be accommodated through Letter

of Agreement procedures. These procedures should allow all parties use

of the airspace provided that an optimum level of safety to the flying

public is maintained.

Benefit Analysis

The proposed rule is expected to enhance safety by reducing the

risk of midair collisions. The risk of a midair collision would be

reduced by increasing the controlled airspace around Charlotte, North

Carolina.

Due to the proactive nature of the proposed changes, the potential

safety benefits are difficult to quantify in monetary terms. Aircraft

operations within the present configuration of the Charlotte, Class B

airspace area have increased since the Class B airspace area was

created and the airspace has become more complex (a greater mix of

large turbine-powered air carrier aircraft with other aircraft of

varying performance characteristics). In addition, future operations

are projected to increase.

Fortunately, there have been no midair collisions within the

Charlotte, Class B airspace area. Without the experience of an actual

midair collision, estimating the probability of a potential occurrence

in the absence of a proposed rule cannot be reliably determined. Due to

the projected increase in traffic (see earlier discussion), there is a

potential safety problem, although it is not yet critical. Without the

proposed rule, aviation safety in the Charlotte area could be reduce in

the future, which could lead to catastrophic consequences.

Comparison of Costs and Benefits

The precise reduction in the risk of a midair collision avoided by

the proposed rule and its monetary values cannot be estimated at the

present time. However, system efficiency would be improved and safety

enhanced. In view of the negligible costs of the proposed rule, coupled

with benefits in the form of enhanced safety to all aircraft operators,

the FAA believes the proposed rule would be cost-beneficial.

Conclusion

The precise reduction in the risk of a midair collision

attributable to the proposed rule and the associated monetary values

cannot be estimated at the present time. However, system efficiency

would be improved and safety would be enhanced. In view of the

negligible costs of the proposed rule, coupled with non-quantifiable

benefits in the form of enhanced safety to all aircraft operators, the

FAA believes the proposed rule would be cost-beneficial. An initial

regulatory evaluation of the proposal, including a Regulatory

Flexibility Determination, has been placed in the docket.

Initial Regulatory Flexibility Determination

The Regulatory Flexibility Act of 1980 (RFA) ensures 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 small entities that the proposed rule could potentially affect

are unscheduled operators of aircraft for hire owning nine or fewer

aircraft. These unscheduled air taxi operators would be affected only

when they were not operating under VFR. These operators fly regularly

into airports with established radar approach control services. The FAA

believes that unscheduled air taxi operators are already equipped to

fly IFR. Because they can fly IFR instead of VFR, the proposed rule

would not have a significant economic impact on any of them.

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 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 differences.

International Trade Impact Assessment

This proposed rule is not anticipated to affect the import of

foreign products or services into the United States or the export of

U.S. products or services to foreign countries.

Federalism Implications

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.

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.).

Conclusion

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

findings in the Regulatory Flexibility Determination and the

International Trade Impact Analysis, the FAA has determined that this

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

Order 12866. In addition, the FAA certifies that this regulation will

not have a significant economic impact, positive or negative, on a

substantial number of small entities under the criteria of the

Regulatory Flexibility Act. This regulation is not considered

significant under Order DOT 2100.5, Policies and Procedures for

Simplification, Analysis and Review of Regulations. A final regulatory

evaluation of the regulation, including a final Regulatory Flexibility

Determination and International Trade Impact Analysis 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 71

Airspace, Federal Aviation Administration, Navigation (Air).

The Proposed Amendment

In consideration of the foregoing, the Federal Aviation

Administration proposes to amend part 71 of the Federal Aviation

Regulations (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 3000--Subpart B--Class B Airspace

* * * * *

ASO NC B Charlotte, NC [Revised]

Charlotte/Douglas International Airport (Primary Airport)

(lat. 35 deg.12'52'' N., long. 80 deg.56'37'' W.).

Charlotte/Douglas VOR/DME

(lat. 35 deg.11'25'' N., long. 80 deg.57'06'' W.).

Gastonia Airport

(lat. 35 deg.12'00'' N., long. 81 deg.09'00'' W.).

Area A. That airspace extending upward from the surface to and

including 10,000 feet MSL within a 7-mile radius of the Charlotte

VOR/DME.

Area B. That airspace extending upward from 1,800 feet MSL to

and including 10,000 feet MSL between the 7- and 11-mile radius of

the Charlotte VOR/DME, excluding that airspace within a 2-mile

radius of the Gastonia Airport.

Area C. That airspace extending upward from 3,600 feet MSL to

the including 10,000 feet MSL between the 11- and 25-mile radius of

the Charlotte VOR/DME, including that airspace within a 2-mile

radius of the Gastonia Airport, excluding that airspace within and

below Areas D, E, and F hereinafter described.

Area D. That airspace extending upward from 4,600 feet MSL to

and including 10,000 feet MSL between the 20- and 25-mile radius

northwest of the Charlotte VOR/DME, bounded on the west by U.S.

Highway 321, and bounded on the east by the Marshall Steam Plant

Rail Spur; and that airspace between the 20- and 25-mile radius

southwest of the Charlotte VOR/DME, bounded on the east by U.S.

Highway 21, and bounded on the west by a line due south from the

Charlotte VOR/DME 218 deg. radial 20-mile fix to the intersection of

the 25-mile arc.

Area E. That airspace extending upward from 6,000 feet MSL to

and including 10,000 feet MSL beginning at lat. 35 deg.36'30'' N.,

long. 80 deg.57'45'' W., extending counterclockwise on the 25-mile

arc of the Charlotte VOR/DME to U.S. Highway 321, thence south on

U.S. Highway 321 until intercepting the 20-mile arc southwest of the

Charlotte VOR/DME, thence counterclockwise on the 20-mile arc to the

218 deg. radial of the Charlotte VOR/DME, thence due south to the

intersection of the 25-mile arc of the Charlotte VOR/DME, thence due

west until intercepting the 218 deg. radial of the Charlotte VOR/

DME, thence southwest on the 218 deg. radial to the 30-mile fix,

thence clockwise on the 30-mile arc to the 328 deg. radial of the

Charlotte VOR/DME, thence direct to the point of beginning,

excluding that airspace between the 20- and 30-mile radius of the

Charlotte VOR/DME between the 242 deg. radial of the Charlotte VOR/

DME clockwise to the 293 deg. radial; and that airspace beginning at

lat. 35 deg.36'30'' N., long 80 deg.57'45'' W., extending clockwise

on the 25-mile arc of the Charlotte VOR/DME to long. 80 deg.46'00''

W., thence due south to the 20-mile arc northeast of the Charlotte

VOR/DME, thence clockwise on the 20-mile arc to the 081 deg. radial

of the Charlot VOR/DME, thence west along the 081 deg. radial to the

11-mile fix from the Charlotte VOR/DME, thence direct to the

Charlotte VOR/DME 147 deg. radial 25-mile fix, thence clockwise on

the 25-mile arc to the intersection of U.S. Highway 21, thence

direct to the Charlotte VOR/DME 147 deg. radial 30-mile fix, thence

counterclockwise on the 30-mile arc to the Charlotte VOR/DME

025 deg. radial, thence direct to the point of beginning, excluding

that airspace east of U.S. Highway 601 between the Charlotte VOR/DME

062 deg. radial clockwise to the 120 deg. radial.

Area F. That airspace extending upward from 8,000 feet MSL to

and including 10,000 feet MSL between the 20- and 25-mile radius of

the Charlotte VOR/DME from the 242 deg. radial clockwise to the

293 deg. radial of the Charlotte VOR/DME; and that airspace between

the 20- and 25-mile radius from the Charlotte VOR/DME between the

062 deg. radial of the Charlotte VOR/DME clockwise to the 120 deg.

radial and east of U.S. Highway 601.

* * * * *

Issued in Washington, DC, February 17, 1994.

Harold W. Becker,

Manager, Airspace--Rules and Aeronautical Information Division.

[FR Doc. 94-4714 Filed 3-1-94; 8:45 am]

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