Establishment of Class C Airspace and Revocation of Class D Airspace, Springfield-Branson Regional Airport; MO

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 95-AWA-10]

RIN 2120-AA66

Establishment of Class C Airspace and Revocation of Class D

Airspace, Springfield-Branson Regional Airport; MO

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

the existing Class D airspace area at the Springfield-Branson Regional

Airport, Springfield, MO. The Springfield-Branson Regional Airport is a

public-use facility with an operating control tower served by a Level

III Terminal Radar Approach Control Facility (TRACON). The

establishment of this Class C airspace area will require pilots to

maintain two-way radio communications with air traffic control (ATC)

while in Class C airspace. The FAA is taking this action to promote the

efficient control of air traffic and reduce the risk of midair

collision in the terminal area. Additionally, this action corrects

several inadvertent editorial errors.

EFFECTIVE DATE: 0901 UTC, June 18, 1998.

FOR FURTHER INFORMATION CONTACT: Sheri Edgett Baron, Airspace and Rules

Division, ATA-400, Office of Air Traffic Airspace Management, Federal

Aviation Administration, 800 Independence Avenue, SW., Washington, DC

20591; telephone: (202) 267-8783.

SUPPLEMENTARY INFORMATION:

Background

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 Terminal Radar

Service Areas (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

[[Page 27200]]

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 it would propose ARSA's for other airports

at which TRSA procedures were in effect in future notices.

The NAR Task Group also recommended that the FAA develop

quantitative criteria for establishing ARSA's at locations other than

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

group recommended that these criteria include, among other things,

traffic mix, flow and density, airport configuration, geographical

features, collision risk assessment, and ATC capabilities to provide

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

via the FAA directives system (Order 7400.2, Procedures for Handling

Airspace Matters).

The FAA adopted the NAR Task Group recommendation that each Class C

airspace area be of the same airspace configuration insofar as is

practicable. The standard Class C airspace area consists of that

airspace within 5 nautical miles (NM) of the primary airport, extending

from the surface to an altitude of 4,000 feet above airport elevation

(AAE), and that airspace between 5 and 10 NM from the primary airport

from 1,200 feet above ground level to an altitude of 4,000 feet AAE.

Proposed deviations from this standard have been necessary at some

airports because of adjacent regulatory airspace, international

boundaries, topography, or unusual operational requirements.

Related Rulemaking Actions

On December 17, 1991, the FAA published the Airspace

Reclassification Final Rule (56 FR 65638). This rule, in part,

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 the remainder of this final rule.

Public Input

As announced in the Federal Register on July 21, 1994 (59 FR

37282), a pre-NPRM airspace meeting was held on September 7, 1994, in

Springfield, MO. This meeting provided local airspace users an

opportunity to present input on the design of the planned establishment

of the Springfield, MO, Class C airspace area.

On December 9, 1996, the FAA published an NPRM (61 FR 237, Notice

95-AWA-10) that proposed to establish a Class C airspace area at the

Springfield-Branson Regional Airport, MO. Interested parties were

invited to participate in this rulemaking effort by submitting comments

on the proposal to the FAA. In response to this NPRM, the FAA received

twelve written comments. All comments were considered before making any

final determination on this final rule. The comments received are

analyzed below.

Analysis of Comments

The FAA received several comments from the Air Line Pilots

Association and local business operators, which were in support of

establishing Class C airspace at Springfield-Branson Regional Airport.

The FAA also received several comments from local businesses

recommending the installation of an instrument landing system (ILS)

precision approach to runway 20, and lengthening the primary runway at

Springfield-Branson Regional Airport. While the FAA appreciates these

comments, they are outside of the scope of the Notice, and should be

directed to the operator of the Springfield-Branson Regional Airport.

The FAA received several comments stating that the FAA has not used

alternate nonrulemaking solutions to address safety issues concerning

Springfield-Branson Regional Airport, and disagreed with the use of

enplanement numbers as the only criteria to determine the need for

Class C airspace.

The FAA does not agree with these commenters. The FAA has exhausted

all nonrulemaking alternatives to provide for an acceptable level of

safety at Springfield-Branson Regional Airport. For example, over the

past several years, the FAA has updated its equipment and improved its

radar services. In addition, the FAA has routinely conducted user

meetings and safety seminars to address local issues and safety

concerns. The FAA held meetings in the Springfield area concerning: (1)

potential conflicts between en route visual flight rules (VFR) aircraft

using the Springfield Very High Frequency Omnidirectional Range (VOR)

navigational aid and arriving traffic; (2) conflicts between aircraft

on instrument approach to Runway 20 and the VFR flyway [area] to the

southeast; (3) conflicts between aircraft using the localizer procedure

and transiting aircraft operating to and from the Springfield Downtown

Airport; and, (4) congestion caused by military aircraft operating to

and from the Springfield-Branson Regional Airport for practice

approaches and training. In addition, Springfield-Branson Regional

Airport is the only airport in southwest Missouri that has a radar

facility. This capability attracts several aviation flight training

schools, thus adding to a mixed traffic environment.

Regarding the criteria used to determine candidacy for Class C

airspace areas, an airport must have an operational airport traffic

control tower (ATCT) that is serviced by a radar approach control and

meet one of the following: (1) 75,000 annual instrument operations

count at the primary airport; (2) 100,000 annual instrument operations

count at the primary and secondary airport in the terminal area hub; or

(3) 250,000 annual enplaned passengers at the primary airport. The

Springfield-Branson Regional Airport meets two of the FAA criteria and

qualifies as a candidate for a Class C airspace area based on passenger

enplanements (326,038 for calendar year 1996), and instrument

operations (149,356 for calendar year 1997).

The Aircraft Owners and Pilots Association commented that the FAA

should delay establishing a Class C airspace at Springfield-Branson

Regional Airport based on: (1) a proposal to establish commercial air

service at M. Graham Clark Airport, located approximately 2 miles from

Springfield-Branson Regional Airport; and, (2) the potential

establishment of a new airport in close proximity to Springfield-

Branson Regional Airport.

The FAA does not agree with this commenter, or that the

establishment of the Class C airspace area should be delayed.

Currently, there are no new airport proposals, private or public, for

the Springfield-Branson area.

The FAA is aware that commercial air service at M. Graham Clark is

proposed to begin during the summer of 1998. If this operation

commences, the FAA will monitor the situation to assess any impact on

operations at Springfield-

[[Page 27201]]

Branson Regional Airport. Further, the FAA believes that timely

establishment of a Class C airspace area will promote the efficient

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

terminal area.

The Manager of Mountain Grove Memorial Airport commented that only

one public meeting had taken place, and another individual said they

had not been informed of any public meetings.

The FAA does not agree with these commenters. Prior to issuing the

NPRM the FAA held seven public meetings (meeting dates: January 30,

February 27, March 17, April 24, June 23, August 25 and September 22,

1997) in the Springfield area to inform the public of its growing

safety concerns and the need to change the designation of the airspace

area. Further, a Notice of Informal Airspace Meeting was published in

the Federal Register on July 21, 1994. Also, notices of meetings were

sent to pilots with Class 2 medical certificates within a 70-mile

radius of Springfield-Branson Regional Airport. The FAA believes that

every effort was made to inform and involve the public of this

rulemaking effort.

The Manager of Mountain Grove Airport also objected to the

establishment of Class C airspace, because it would require pilots to

maintain two-way radio communications with ATC.

The FAA does not agree with this objection. The requirement to

maintain two-way radio communications with ATC exists in the current

Class D airspace, and the establishment of Class C airspace will

continue this requirement.

One commenter stated that safety concerns would be mitigated by

extending the Class D airspace area to the VOR where it is currently

Class E airspace.

The FAA does not agree. In Class D airspace areas there are no

separation services provided to VFR aircraft. In contrast, a Class C

airspace area will provide a controlled environment where separation

services are provided to both VFR and IFR aircraft.

Several commenters expressed a belief that the economic impact of

establishing Class C airspace will be greater than the FAA's estimate

of $575.00 as stated in the NPRM, and will warrant the establishment of

a clearance delivery position.

The FAA does not agree with these commenters. The FAA is confident

that it can accommodate any additional increase in air operations

caused by the establishment of this Class C airspace area at current

authorized staffing levels. There are two positions already in place at

the Springfield ATCT that could deliver clearances without an increase

of personnel or equipment.

Several individuals suggested that the establishment of Class C

airspace would result in a pay raise for the controllers at Springfield

ATCT.

The FAA does not agree with these commenters. The purpose of

establishing a Class C airspace area at this airport is to promote the

efficient control of air traffic and reduce the risk of midair

collision in the terminal area.

One commenter believes that many of the aircraft based at airports

within 20 miles of Springfield-Branson Regional Airport have no

electrical systems, and it would be financially difficult to equip them

with radios and transponders required to enter Class C airspace.

Another commenter believes that the cost of circumnavigating the

Class C airspace will not be negligible.

The FAA does not agree with this comment. Currently, Title 14 CFR

section 91.215 sets out requirements for ATC transponder and altitude

reporting equipment and use. This regulation includes procedures

whereby aircraft not equipped with the required transponder equipment

may get relief from the stipulated requirements. Additionally, those

aircraft transiting the area that do not want to establish radio

communication with ATC may also choose to circumnavigate the Class C

airspace area. As set out in the associated Regulatory Evaluation

Summary for this regulatory effort, the FAA believes that any costs

associated with circumnavigation will be negligible.

The Rule

This amendment to part 71 of 14 CFR part 71 establishes a Class C

airspace area and revokes the Class D airspace area at Springfield-

Branson Regional Airport located in Springfield, MO. Springfield-

Branson Regional Airport is a public-use facility with an operating

control tower served by a Level III TRACON. 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.

Additionally, this action correctly identifies this Class C airport

as the Springfield-Branson Regional Airport. The notice inadvertently

listed the airport name incorrectly. This rule also corrects the

coordinates for the Springfield-Branson Regional Airport, the Bird

Field Airport, and also deletes the reference to the Springfield VORTAC

coordinates. Further, this final rule correctly identifies the Class C

airspace area as a continuous operation.

Definitions and operating requirements applicable to Class C

airspace can be found in section 71.51 of part 71 and sections 91.1 and

91.130 of part 91 of the FAR. The coordinates for this airspace docket

are based on North American Datum 83. Class C and Class D airspace

designations are published, respectively, in paragraphs 4000 and 5000

of FAA Order 7400.9E dated September 10, 1997, and effective September

16, 1997, which is incorporated by reference in 14 CFR 71.1. 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

Changes to Federal regulations must undergo several economic

analyses. First, Executive Order 12866 directs that each Federal agency

shall propose or adopt a regulation only upon a reasoned determination

that the benefits of the intended regulation justify its costs. Second,

the Regulatory Flexibility Act of 1980 requires agencies to analyze the

economic effect of regulatory changes on small entities. Third, the

Office of Management and Budget directs agencies to assess the effect

of regulatory changes on international trade. In conducting these

analyses, the FAA has determined that this final rule is not ``a

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

by the Department of Transportation Regulatory Policies and Procedures.

This rule will not have a significant impact on a substantial number of

small entities; will not constitute a barrier to international trade

and does not contain any Federal intergovernmental or private sector

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

The FAA has determined that the establishment of the Springfield,

MO, Class C airspace area at the Springfield-Branson Regional Airport

will impose a one-time FAA administrative cost of $600 (1997 dollars).

The FAA has also determined that this rule will impose a negligible

cost on the aviation community (aircraft operators and fixed based

operators).

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

residing within 50 miles of the Class C airspace site that

[[Page 27202]]

will explain the operation and airspace configuration of the Class C

airspace area. The ``Letter to Airmen'' costs will be about $600 (1997

dollars). This one-time negligible cost will be incurred upon the

establishment of the Class C airspace area.

To establish a Class C airspace area at Springfield-Branson

Regional Airport, MO, the FAA does not expect to incur any additional

costs for ATC staffing, training, or facility equipment. The FAA can

accommodate participating traffic with current staffing levels. The FAA

will train its controller force in Class C airspace procedures during

regularly scheduled briefing sessions routinely held at the airport.

Thus, no additional training costs or equipment requirements are

anticipated.

The establishment of Class C airspace throughout the country has

required sectional charts to be revised by removing existing airspace

configurations and incorporating the new Class C airspace boundaries.

The FAA currently revises sectional charts every 6 months to reflect

changes to the airspace environment. Those changes required to depict

Class C airspace are made routinely during these charting cycles. The

periodic changes to these charts are considered routine operating

expenses of the FAA. Thus, the FAA does not expect to incur any

additional charting costs as the result of the Springfield-Branson

Regional Airport Class C airspace area.

Most aircraft operating in the vicinity of the Springfield-Branson

Regional Airport Class C airspace area already have an altitude

encoding transponder and two-way radio communications capability.

Therefore, there will be no equipment costs to aircraft operators as a

result of this rule.

The FAA anticipates that some pilots who currently transit the

terminal area without establishing radio communications may choose to

circumnavigate the Springfield-Branson Regional Airport Class C

airspace area. However, the FAA contends that these operators could

circumnavigate the Class C airspace area without significantly

deviating from their regular flight paths. The operators who choose to

fly beyond the lateral boundaries will be required to navigate an

additional 1 to 6 nautical miles, adding an additional 2 to 12 minutes

of flight time per trip. For aircraft costing approximately $75 per

hour to operate, the circumnavigation cost amounts to an additional

$2.50 to $15.00 per flight. Operators could remain clear of the Class C

airspace area by flying above the ceiling of 5,300 feet mean sea level

(MSL), beneath the outer floor of 2,500 feet MSL, or beyond the lateral

boundaries. Thus, the FAA believes that any circumnavigation costs due

to this rulemaking will be negligible.

The establishment of the Springfield-Branson Regional Airport Class

C airspace area is not expected to have any adverse impacts on the

operations at Bird Field. Bird Field is a satellite airport,

approximately 5 nautical miles north of Springfield-Branson Regional

Airport. The Class C airspace area will exclude the airspace

encompassing a 1-mile radius around Bird Field. Most pilots using this

airport will probably circumnavigate the Class C airspace area.

The benefits of the Springfield-Branson Regional Airport, MO, lass

C airspace area are enhanced aviation safety and improved operational

efficiency. The Springfield-Branson Regional Airport Class C airspace

area will lower the risk of midair collisions as a result of increased

positive control of airspace around the Springfield-Branson Regional

Airport.

The establishment of the Springfield-Branson Regional Airport Class

C airspace area will impose a negligible, if any, cost on the aviation

community and a cost of about $600 on the FAA. The FAA has determined

that in view of the negligible cost of compliance, enhanced aviation

safety and operational efficiency, establishment of the Springfield-

Branson Regional Airport Class C airspace area will be cost-beneficial.

Regulatory Flexibility Determination

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

Congress to ensure that small businesses and other small entities are

not unnecessarily or disproportionately burdened by Federal

regulations. The RFA requires a Regulatory Flexibility analysis if a

rule will have a significant economic impact on a substantial number of

small entities.

The FAA certifies that this final rule will impose negligible

additional costs upon some operators in the Springfield-Branson

Regional Airport Class C airspace area, therefore, the rule will not

have a significant economic impact on a substantial number of small

entities.

Initial Trade Impact Assessment

The rule will not constitute a barrier to international trade,

including the export of U.S. goods and services to foreign countries or

the import of foreign goods and services into the United States.

Unfunded Mandate Assessment

Title II of the Unfunded Mandates Reform Act of 1995 (the Act),

enacted as Pub. L. 104-4 on March 22, 1995, requires each Federal

agency, to the extent permitted by law, to prepare a written assessment

of the effects of any Federal mandate in a proposed or final agency

rule that may result in the expenditure of $100 million or more (when

adjusted annually for inflation) in any one year by State, local, and

tribal governments in the aggregate, or by the private sector. Section

204(a) of the Act, 2 U.S.C. 1534(a), requires the Federal agency to

develop an effective process to permit timely input by elected officers

(or their designees) of State, local, and tribal governments on a

proposed ``significant intergovernmental mandate.'' A ``significant

intergovernmental mandate'' under the Act is any provision in a Federal

agency regulation that would impose an enforceable duty upon State,

local, and tribal governments in the aggregate of $100 million adjusted

annually for inflation in any one year. Section 203 of the Act, 2

U.S.C. 1533, which supplements section 204(a), provides that, before

establishing any regulatory requirements that might significantly or

uniquely affect small governments, the agency shall have developed a

plan that, among other things, provides for notice to potentially

affected small governments, if any, and for a meaningful and timely

opportunity to provide input in the development of regulatory

proposals.

This rule does not contain any Federal intergovernmental or private

sector mandates. Therefore, the requirements of Title II of the

Unfunded Mandates Reform Act of 1995 do not apply.

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. 106(g), 40103, 40113, 40120; E.O. 10854, 24

FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec. 71.1 [Amended]

2. The incorporation by reference in 14 CFR 71.1 of the

Federal Aviation Administration Order 7400.9E, Airspace

Designations

[[Page 27203]]

and Reporting Points, dated September 10, 1997, and effective September

16, 1997, is amended as follows:

Paragraph 4000 Subpart C--Class C Airspace.

* * * * *

ACE MO C Springfield-Branson Regional Airport, MO [New]

Springfield-Branson Regional Airport, MO

(Lat. 37 deg.14'40'' N., long. 93 deg.23'13'' W.)

Bird Field Airport

(Lat. 37 deg.19'12'' N., long. 93 deg.25'12'' W.)

That airspace extending upward from the surface to, and

including, 5,300 feet MSL within a 5-mile radius of Springfield-

Branson Regional Airport, excluding that airspace within a 1-mile

radius of the Bird Field Airport and that airspace extending upward

from 2,500 feet MSL to, and including, 5,300 feet MSL within a 10-

mile radius of Springfield-Branson Regional Airport.

* * * * *

Paragraph 5000 Subpart D-Class D Airspace.

* * * * *

ACE MO D Springfield, MO [Removed]

* * * * *

Issued in Washington, DC, on May 13, 1998.

John S. Walker,

Program Director for Air Traffic Airspace Management.

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