Revision of the Legal Description of the Memphis Class B Airspace Area; Tennessee

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 98-AWA-1]

RIN 2120-AA66

Revision of the Legal Description of the Memphis Class B Airspace

Area; Tennessee

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action revises the legal description of the Memphis, TN,

Class B airspace area by changing the point of origin of the airspace

area from the Memphis Very High Frequency Omnidirectional Range/

Tactical Air Navigation (VORTAC) to the VORTAC's present geographical

coordinate. The FAA is taking this action due to the relocation of the

Memphis VORTAC 2.85 nautical miles south of the site it currently

occupies. The intent of this action is to facilitate the relocation of

the Memphis VORTAC without changing the actual dimensions,

configuration, or operating requirements of the Memphis Class B

airspace area. The effective date of this rulemaking action will

coincide with the relocation of the Memphis VORTAC. The August 13,

1998, effective date does not correspond with a scheduled publication

date for the appropriate aeronautical charts. The Memphis Visual Flight

Rules (VFR) Terminal Area Chart and Memphis Sectional Aeronautical

Chart will be published on October 8, 1998, and will reflect this

rulemaking action.

EFFECTIVE DATE: 0901 UTC, August 19, 1998.

FOR FURTHER INFORMATION CONTACT: Patricia P. Crawford, 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 June 4, 1998, the FAA published a proposal, in the Federal

Register, to revise the legal description for the Memphis, TN, Class B

airspace area (63 FR 30427). Interested parties were invited to

participate in this rulemaking proceeding by submitting written

comments. No comments objecting to the proposal were received during

the comment period that closed on July 6, 1998. However, the FAA

received two

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comments, from the Aircraft Owners and Pilots Association (AOPA) and

the Air Line Pilots Association (ALPA) after the close of the comment

period. An analysis of the comments received and the FAA's response are

discussed below.

Analysis of Comments

ALPA commented that the use of a geographical point of origin to

determine one's position is only practical for aircraft equipped with

LORAN or GPS. They are of the opinion that use of a geographical

``point of origin'' for this Class B airspace area would present a

human factors impact because the proposed airspace will appear to be

designed with fix radial distance which would be inaccurate unless the

airspace area is centered on a NAVAID. ALPA further states that not

centering the airspace area on a NAVAID would cause pilots to intrude

on the airspace area and degrade the safety of aircraft operations.

The FAA does not agree with this commenter. As described in the

Notice, the configuration (vertical and lateral limits) of the Memphis

Class B airspace area will remain the same and are not being changed by

this rulemaking effort. However, the relocated VORTAC cannot be used to

solely describe the airspace area description, which has not been

affected. Use of a geographic point of origin in the airspace

description will only eliminate the Memphis NAVAID as the point of

origin. The FAA does not believe that a revision to the legal

description of the airspace area, which does not alter the airspace

configuration, will contribute to inadvertent incursions or derogate

safety.

The FAA will disseminate information regarding the revised legal

description of the Memphis Class B airspace area in the Notices to

Airmen publication and will publish a special notice in the Airport/

Facility Directory to ensure that pilots and airspace users are advised

of the status. Also, the FAA's Southern Regional Office will distribute

Letters to Airmen that will advertise the revised description of the

airspace area, and discuss the change in legal description in users

forums that would be held in the local area.

AOPA maintains that the 30-day comment period for the notice was

not adequate and requests that the comment period be reopened for an

additional 60-days. AOPA also proposes that the FAA use a 90 day

comment period for airspace rulemaking proposals and review alternative

methods of providing notice to the flying public in addition to

publication in the Federal Register.

The FAA does not agree with this comment. The 30-day comment period

was adequate and is consistent with the FAA's timeframe policy for

airspace rules. Title 14 Code of Federal Regulations Section 11.65(d)

provides in part that ``approximately 30 days are allowed for

submitting written information, views or arguments on the notice.

Petitions for extension of the time for such comments are governed by

the provisions of Section 11.29(c).'' Although comments were received

outside the 30-day comment period, it was practicable and feasible to

consider and address them in this final rule. The FAA does not find a

need to reopen the comment period for this effort. To the extent, the

commenter would prefer a mandatory 90-day comment period applicable to

airspace rule proposals, that request may be submitted as a petition

for rulemaking. Regarding the use of the Federal Register to

disseminate rulemaking information, the FAA will continue to use the

Register as the predominate tool for announcing rulemaking efforts.

However, the FAA will explore other avenues, such as utilizing user

entities, to disseminate rulemaking information of this type.

AOPA maintains that the FAA has already acquired and installed a

VORTAC in a new location, as well as, flight checked and adjusted the

relevant airways and instrument approaches. AOPA contends that these

actions prejudged the outcome of the notice of proposed rulemaking for

the revision of the description of the Class B airspace area.

The FAA does not agree with this comment. The relocation of the

Memphis VORTAC, or any NAVAID in itself is not regulatory in nature.

This rulemaking effort is necessary to update and maintain an accurate

description of the Memphis Class B airspace area. The FAA reiterates

that the configuration of the Memphis Class B airspace area remains

unchanged. Currently, the legal description of the Memphis Class B

airspace area uses the former location of the NAVAID extensively to

describe its boundaries. The airspace description must be revised to

use a point in space which corresponds to the former geographic

location of the VORTAC. If this revision is not accomplished, the

location of the Class B airspace area will change when the VORTAC

becomes operational, which is contrary to the intent of this rulemaking

and will result in pilot confusion and potentially affect air safety.

AOPA also states that the proposed revision to the description of

the Memphis Class B airspace area will change the operational

requirements for aircraft navigating in and around the airspace area

and that pilots will no longer be able to navigate without RNAV

capability to determine their relative position. The commenter asserts

that the use of a geographic point in space to describe the airspace,

instead of the NAVAID, will eliminate a navigational tool for those

aircraft, operating in accordance with visual flight rules (VFR)

attempting to navigate around the airspace area using VOR/DME.

The FAA does not agree with this comment. VFR flight can be

conducted using a variety of navigation which does not depend

exclusively on a NAVAID being the center of this airspace area. As

stated in the proposal for this effort, the vertical or lateral limits

of the existing Memphis Class B airspace area are not being changed.

The proposed is in response to the relocation of the NAVAID previously

used to describe the boundaries of the existing airspace area. The FAA

believes that relocating the NAVAID does not compromise the airspace

area. The current geographical landmarks used by pilots navigating in

accordance with VFR flight rules to determine their position relative

to the airspace area remain intact. These landmarks were selected with

the assistance of local user groups when the Class B airspace area was

established. The FAA believes that flight in the area can be conducted

without the sole reliance on the NAVAID when appropriately planned for

during preflight preparation. Additionally, future aeronautical charts

depicting the airspace area will reflect mileage from the airspace

areas point of origin, and, wherever possible, from the new NAVAID

location as well as an accompanying chart that will depict latitude/

longitude and fix radial distance information. Further, the FAA will

disseminate information regarding the revised legal description of the

Memphis Class B airspace area in the Notices to Airmen publication and

will publish a special notice in the Airport/Facility Directory to

ensure that pilots and airspace users are advised of the status. Also,

the FAA's Southern Regional Office will distribute Letters to Airmen

that will advertise the revised description of the airspace area, and

discuss the change in legal description in user forums that would be

held in the local area.

AOPA notes that the FAA has used local user groups to assist with

the determination of the points to be depicted to benefit VFR

navigation. The commenter maintains that the FAA did not follow its own

policy of working

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with local user groups prior to a regulatory proposal, with regard to

the proposed relocation of the Memphis VORTAC.

The FAA does not agree with this comment. The FAA does not consult

with user groups and the public regarding the installation or

relocation of navigational aids. This rulemaking action revises the

airspace description to reflect the fact that the Memphis VORTAC cannot

be used any longer to accurately describe the airspace.

AOPA asks that the FAA delay commissioning of the new VORTAC until

the airspace is realigned or until the general aviation user concerns

are adequately mitigated.

The FAA disagrees that the commissioning of the new VORTAC should

be delayed until the airspace is realigned. The Memphis Class B

airspace area is not dependent upon the location of a VORTAC. However,

the FAA continuously reviews Class B airspace areas and will review the

Memphis Class B airspace in the future.

The Rule

Due to the relocation of the Memphis, TN, VORTAC 2.85 nautical

miles south of its current location, the FAA is revising the legal

description for the Memphis, TN, Class B airspace area by changing the

point of origin from the Memphis VORTAC navigational aid to the

VORTAC's current geographical coordinate. Relocating the navigational

aid affects the legal description of the airspace area. Except for

editorial changes and minor adjustments to the geographic coordinates

for the Memphis International Airport, this rule is the same as that

proposed in the notice. This action does not change the vertical or

lateral limits of the existing Memphis Class B airspace area.

The Memphis VORTAC will be operational on August 13, 1998. In order

to avoid pilot confusion and to make pilots immediately aware of the

revised legal description of the Memphis Class B airspace area, the FAA

finds that good cause exists, pursuant to 5 U.S.C (d), for making this

amendment effective in less than 30 days. The August 13, 1998,

effective date does not correspond with a scheduled publication date

for the appropriate aeronautical charts. In the interim, the FAA will

disseminate information regarding the revised legal description of the

Memphis Class B airspace area in the Notices to Airmen publication and

will publish a special notice in the Airport/Facility Directory to

ensure that pilots and airspace users are advised of the status.

Additionally, the FAA's Southern Regional Office will distribute

Letters to Airmen that will advertise the revised description of the

airspace area. The Memphis VFR Terminal Area Chart and Memphis

Sectional Aeronautical Chart will be published on October 8, 1998, and

will reflect this rulemaking action.

The FAA has determined that this regulation only involves an

established body of technical regulations for which frequent and

routine amendments are necessary to keep them operationally current.

Therefore, this regulation: (1) I not a ``significant regulatory

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

under DOT Regulatory Policies and Procedures (44 FR 11034; February 26,

1979); and (3) does not warrant preparation of a regulatory evaluation

as the anticipated impact is so minimal. Since this is a routine matter

that will only affect air traffic procedures and air navigation, it is

certified that this rule, when promulgated, will not have a significant

economic impact on a substantial number of small entities under the

criteria of the Regulatory Flexibility Act.

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--DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND

CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS

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 and

Reporting Points, dated September 10, 1997, and effective September 16,

1997, is amended as follows:

Paragraph 3000--Subpart B-Class B Airspace

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ASO TN B Memphis, TN [Revised]

Memphis International Airport (Primary Airport)

(Lat. 35 deg.02'37'' N., long. 89 deg.58'36'' W.)

Point of Origin

(Lat. 35 deg.03'46'' N., long. 89 deg.58'54'' W.)

Boundaries

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

including 10,000 feet MSL within a 7-mile arc of the Point of Origin

extending clockwise from the 075 deg. bearing from the Point of

Origin to the 275 deg. bearing from the Point of Origin and within a

5-mile arc of the Point of Origin extending clockwise from the

275 deg. bearing from the Point of Origin to the 075 deg. bearing

from the Point of Origin.

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

and including 10,000 feet MSL within the area bounded by a line

beginning at the 037 deg. bearing 13-mile position from the Point of

Origin; thence southward to the 052 deg. bearing 10-mile position

from the Point of Origin; then clockwise on the 10-mile arc until

intercepting the 126 deg. bearing from the Point of Origin; then

extending southward until intercepting the 147 deg. bearing 15-mile

position from the Point of Origin; thence clockwise on the 15-mile

arc until intercepting the 211 deg. bearing from the Point of

Origin; thence northward until intercepting the 226 deg. bearing 11-

mile position from the Point of Origin; thence clockwise on the 11-

mile arc until intercepting the 312 deg. bearing from the Point of

Origin; thence northbound until intercepting the 321 deg. bearing

13-mile arc from the Point of Origin; thence clockwise on the 13-

mile arc to the point of beginning and excluding that airspace

within Area A.

Area C. That airspace extending upward from 3,000 feet MSL to

and including 10,000 feet MSL within a 20-mile radius of the Point

of Origin and excluding that airspace within Areas A and B.

Area D. That airspace extending upward from 5,000 feet MSL to

and including 10,000 feet MSL within a 30-mile radius of the Point

of Origin, excluding that airspace northwest of a line from the

295 deg. bearing 30-mile position from the Point of Origin to the

352 deg. bearing 30-mile position from the Point of Origin,

excluding that airspace southeast of a line from the 114 deg.

bearing 30-mile position from the Point of Origin to the 157 deg.

bearing 30-mile position from the Point of Origin and excluding that

airspace within Areas A, B, and C.

* * * * *

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

Reginald C. Matthews,

Acting Program Director for Air Traffic Airspace Management.

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