Proposed Modification of the Tampa Class B Airspace Area; FL

Federal RegisterNov 18, 1998

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 97-AWA-2]

RIN 2120-AA66

Proposed Modification of the Tampa Class B Airspace Area; FL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to modify the Tampa, FL, Class B airspace

area. Specifically, this action proposes to rename two existing

subareas, reconfigure the boundaries of three subareas, and create an

additional subarea within the Tampa Class B airspace area. The FAA is

proposing this action to efficiently align the Tampa Class B airspace

area as a result of a reduction in flying operations at MacDill Air

Force Base (AFB), to enhance safety, and to manage aircraft operations

in the Tampa, FL, terminal area.

DATES: Comments must be received on or before January 19, 1999.

ADDRESSES: Send comments on the proposal in triplicate to the Federal

Aviation Administration, Office of Chief Counsel, Attention: Rules

Docket, AGC-200, Airspace Docket No. 97-AWA-2, 800 Independence Avenue,

SW; Washington, DC 20591. Comments may also be sent electronically to

the following Internet address: [email protected]. 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 5:00 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:

Paul Gallant, 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:

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. 97-

AWA-2.'' 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 avaiable

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

An electronic copy of this document may be downloaded using a modem

and suitable communications software from the FAA regulations section

of the Fedworld electronic bulletin board service (telephone: 703-321-

3339) or the Federal Register's electronic bulletin board service

(telephone: 202-512-1661).

Internet users may reach the FAA's web page at http://www.faa.gov

or the Federal Register's webpage at http://www.access.gpo.gov/nara/

index.html for access to recently published rulemaking documents.

Any person may obtain a copy of this NPRM by submitting a request

to the Federal Aviation Administration, Office of Air Traffic Airspace

Management, 800 Independence Avenue, SW., Washington, DC 20591, or by

calling (202) 267-8783. Communications must identify the notice number

of this NPRM. Persons interested in being placed on a mailing list for

future NPRM's should call the FAA's Office of Rulemaking, (202) 267-

9677, for a copy of Advisory Circular No. 11-2A, Notice of Proposed

Rulemaking Distribution System, that describes the application

procedure.

Related Rulemaking Actions

On May 21, 1970, the FAA published the Designation of Federal

Airways, Controlled Airspace, and Reporting Points Final Rule (35 FR

7782). This rule provided for the establishment of Terminal Control

Airspace (TCA) areas (now known as Class B airspace areas).

The TCA area program was developed to reduce the potential for

midair collision in the congested airspace surrounding airports with

high density air traffic by providing an area wherein all aircraft are

subject to certain operating rules and equipment requirements.

The density of traffic and the type of operations being conducted

in the airspace surrounding major terminals increases 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 or military aircraft, or another GA

aircraft. The basic causal factor common to these conflicts was the mix

of aircraft operating under visual flight rules (VFR) and 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 these airspace areas afford

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

traffic control increased capability to provide aircraft separation

service, thereby minimizing the mix of controlled and uncontrolled

aircraft.

The standard configuration of these airspace areas contains three

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

and 30 nautical miles (NM), respectively. The standard vertical limit

of these airspace areas normally should not exceed 10,000 feet mean

seal level (MSL), with the floor established at the surface in the

inner area and at levels appropriate to the containment of operations

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

contingent on the terrain, adjacent regulatory airspace, and factors

unique to the terminal area.

On June 21, 1988, the FAA published the Transponder With Automatic

Altitude Reporting Capability Requirement Final Rule (53 FR 23356).

This rule requires all aircraft to have an altitude encoding

transponder when

[[Page 64017]]

operating within 30 NM of any designated TCA (now known as Class B

airspace areas) primary airport from the surface up to 10,000 feet MSL.

This rule excluded those aircraft that were not originally certificated

with an engine-driven electrical system (or those that have not

subsequently been certified with such a system), balloons, or gliders.

On October 14, 1988, the FAA published the Terminal Control Area

Classification and Terminal Control Area Pilot and Navigation Equipment

Requirements Final Rule (53 FR 40318). This rule, in part, requires the

pilot-in-command of a civil aircraft operating within a Class B

airspace area to hold at least a private pilot certificate, except for

a student pilot who has received certain documented training.

On December 17, 1991, the FAA published the Airspace

Reclassification Final Rule (56 FR 65638). This rule discontinued the

use of the term ``Terminal Control Area'' and replaced it with the

designation ``Class B airspace area.'' This change in terminology is

reflected in the remainder of the NPRM.

Background

In April 1991, the Defense Base Realignment and Closure Commission

recommended the termination of all flight operations at MacDill AFB

(situated within the Tampa Class B airspace area) by September 1993.

However, in 1995, the Commission amended its findings and recommended

that the base continue to have an active flying mission. As a result of

the 1995 change, an Air Force unit consisting of 12 KC-135 aircraft was

transferred to MacDill AFB. Notwithstanding the return of an active Air

Force flying mission and the basing of National Oceanic and Atmospheric

Administration aircraft, the level of aircraft operations at MacDill

AFB remains significantly lower than the level existing previously.

Based on the reduction in the number of operations at MacDill AFB and

the FAA's periodic review of Class B airspace areas, in 1992, an ad hoc

committee, consisting of representatives from local user groups, was

formed to develop recommendations for modifying the Tampa Class B

airspace area.

Pre-NPRM Public Input

As announced in the Federal Register on January 4, 1993 (58 FR

120), two pre-NPRM informal airspace meetings were held on February 16

and 17, 1993, in Tampa and St. Petersburg, FL, to allow local

interested airspace users an opportunity to present input on the design

of the proposed alteration of the Tampa Class B airspace area. The

response to the proposed Class B airspace area modification from all

participants was favorable. One written comment was received during the

60-day comment period, which supported the proposal. Except for the

addition of a new subarea C in the vicinity of MacDill AFB, there have

been no changes to the proposal since the informal airspace meetings

were held in 1993.

Other Public Meetings

Due to the fact that this informal airspace meeting was held in

1993, the FAA will be conducting further meetings on this proposal. The

dates and times of these proposed meetings will be announced in the

Federal Register.

The coordinates for this airspace docket area based on North

American Datum 83. Class B airspace areas are published in paragraph

3000 of FAA Order 7400.9F, dated September 10, 1998, and effective

September 16, 1998, which is incorporated by reference in 14 CFR

section 71.1. The Class B airspace area listed in this document would

be published subsequently in the Order.

The Proposal

The FAA proposes to amend 14 CFR part 71 by modifying the Tampa,

FL, Class B airspace area. Specifically, this action (depicted on the

attached chart) proposes to amend one point in the legal description of

Area A; reduce the size of Area B; establish a new Area C in the

vicinity of MacDill AFB; realign the boundaries and rename the current

Area C as Area D; and realign the boundaries and rename the current

Area D as Area E. These modifications would provide additional airspace

for nonparticipating aircraft operating below the floor of the Tampa

Class B airspace area, and enhance the flow of air traffic in the Tampa

terminal area.

Area A would be unchanged except for amending the coordinates of

the Tampa airport surveillance radar (ASR) to reflect the position of

the new ASR-9 radar installed at Tampa.

Area B, which encompasses that Class B airspace extending upward

from 1,200 feet MSL to and including 10,000 feet MSL, would be reduced

in size. The modified Area B would be bounded by Interstate 75 (I-75)

on the east, a new subarea C (with a floor of 1,700 feet MSL) in the

vicinity of MacDill AFB to the south, and by the Tampa 10 NM arc. The

remaining section of the current Area B (i.e., that portion located to

the south of MacDill AFB, east of Albert Whitted Airport, and southward

to the 10 NM arc of the Sarasota-Bradenton Class C airspace area),

would be removed from Area B and incorporated into the modified Area D

and the modified Area E. This proposed change would raise the floor of

Class B airspace in the realigned segment from the current 1,200 feet

MSL. The floor of Class B airspace was originally set at 1,200 feet MSL

in that area to accommodate the extensive high performance, low

altitude jet traffic transiting between MacDill AFB and the offshore

training areas. With the termination of the fighter training mission at

MacDill AFB, there is no longer a requirement to retain Class B

airspace below 3,000 feet MSL over that portion of Tampa Bay extending

from MacDill AFB southward to the 10 NM arc of the Sarasota-Bradenton

Class C airspace area, as exists in the current configuration. The

proposed higher floor of the Class B airspace area would result in more

efficient use of the airspace and provide additional altitudes for use

by GA aircraft transitioning over Tampa Bay between the Orlando/

Lakeland area, and Albert Whitted and St. Petersburg-Clearwater

Airports. Further, this change would reduce the amount of air traffic

transitioning over Tampa International Airport and lessen air traffic

congestion around the St. Petersburg Very High Frequency

Omnidirectional Range/Tactical Air Navigation station.

The FAA proposes to create a new Area C, extending upward from

1,700 feet MSL to and including 10,000 feet MSL, in the vicinity of

MacDill AFB. The new Area C would allow for nonparticipating aircraft

operations in the MacDill AFB traffic pattern, below the floor of the

Tampa Class B airspace area.

The current Area C, consisting of that airspace extending upward

from 3,000 feet MSL to and including 10,000 feet MSL, would be renamed

Area D. As described above, the modified Area D would absorb most of

the airspace over Tampa Bay to the south of MacDill AFB that is

currently part of Area B. This action would raise the floor of the

Class B airspace in that area from 1,200 feet MSL to 3,000 feet MSL.

The current Area D, consisting of that airspace extending upward

from 6,000 feet MSL to and including 10,000 feet MSL, would be renamed

Area E. The modified Area E would generally retain the same lateral

dimensions of the current Area D, except that the segment of the

existing boundary line, which runs northward from Anna Maria Island to

lat. 27 deg.40'42''N., long. 82 deg.44'21''W., would be moved to the

east and realigned along the Skyway Bridge/I-275. As described above,

this

[[Page 64018]]

modification would merge a portion of the current Area B airspace into

the renamed Area E. The effect of this modification would be to raise

the floor of the Class B airspace between Skyway Bridge and Anna Maria

Island from the current 1,200 feet MSL, to 6,000 feet MSL. This change

would benefit aircraft navigating along the coastline and transiting

that airspace located between Egmont Key and the Skyway Bridge. Class B

airspace clearance would no longer be required for aircraft operating

below 6,000 feet MSL in that area. This proposal to modify the Tampa

Class B airspace area would enhance safety and improve the flow of air

traffic in the Tampa Class B airspace area. Further, the proposal would

benefit nonparticipating VFR operations by providing higher altitudes

for use by aircraft transitioning over Tampa Bay.

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 requires agencies to analyze the

economic effect of regulatory changes on small businesses and other

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

proposed rule: (1) Would generate benefits that justify its minimal

costs and is not a ``significant regulatory action'' as defined in the

Executive Order; (2) is not significant as defined in the Department of

Transportation's Regulatory Policies and Procedures; (3) would not have

a significant impact on a substantial number of small entities; (4)

would not constitute a barrier to international trade; and (5) would

not contain any Federal intergovernmental or private sector mandate.

These analyses are summarized here in the preamble and the full

Regulatory Evaluation is in the docket.

The FAA has determined that modification of the Tampa Class B

airspace area would increase the operational efficiency of the Class B

airspace while maintaining aviation safety in the terminal area. Also,

clearer boundary definition and changes to lateral limits of the

subareas would leave more available airspace for transitioning VFR

aircraft. The proposed rule would impose only negligible costs on some

airspace users and would potentially reduce circumnavigation costs to

some operators. The proposed rule would not impose additional

administrative costs on the FAA, since any potential increased

operations workload could be absorbed by current personnel and

equipment. Changes to aeronautical charts would occur during the chart

cycle and would cause no additional costs beyond normal updates of

charts.

Paperwork Reduction Act

In accordance with the Paperwork Reduction Act of 1980 (Pub. L. 96-

511), there are no requirements for information collection associated

with this proposed rule.

Initial Regulatory Flexibility Determination

The Regulatory Flexibility Act of 1980 establishes ``as a principle

of regulatory issuance that agencies shall endeavor, consistent with

the objective of the rule and of applicable statutes, to fit regulatory

and informational requirements to the scale of the business,

organizations, and governmental jurisdictions subject to regulation.''

To achieve that principal, the Act requires agencies to solicit and

consider flexible regualtory proposals and to explain the rationale for

their actions. The Act covers a wide-range of small entities, including

small businesses, not-for-profit organizations and small governmental

jurisdictions.

Agencies must perform a review to determine whether a proposed or

final rule would have a significant economic impact on a substantial

nuber of small entities. If the determination is that it would, the

agency must prepare a regulatory flexibility analysis (RFA) as

described in the Act.

However, if an agency determines that a proposed or final rule is

not expected to have a significant economic impact on a substantial

number of small entities, section 605(b) of the 1980 act provides that

the head of the agency may so certify and an RFA is not required. The

certification must include a statement providing the factual basis for

this determination, and the reasoning should be clear.

This proposed rule may impose some negligible circumnavigation

costs only upon individuals operating in the Tampa Class B airspace.

Therefore, the FAA does not anticipate any adverse impacts to occur as

a result of the modified Class B airspace area.

The FAA conducted the required review of this proposal and

determined that it would not have a significant economic impact on a

substantial number of small entities. Accordingly, pursuant to the

Regulatory Flexibility Act, 5 U.S.C. 605(b), the Federal Aviation

Administration certifies that this proposed rule would not have a

significant economic impact on a substantial number of small entities.

The FAA solicits comments from affected entities with respect to this

finding and determination.

International Trade Impact Assessment

The proposed rule would 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 Mandates 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 mandates.'' 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 plan, among other things, must provide 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 proposed 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.

Conclusion

In view of the minimal or zero cost of compliance of the proposed

rule and the

[[Page 64019]]

enhancements to operational efficiency that do not reduce aviation

safety, the FAA has determined that the proposed rule would be cost-

beneficial.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

In consideration of the foregoing, the Federal Aviation

Administration proposes to amend 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 for reference in 14 CFR 71.1 of the Federal

Aviation Administration Order 7400.9F, Airspace Designations and

reporting Points, dated September 10, 1998, and effective September 16,

1998, is amended as follows:

Paragraph 3000--Subpart B--Class B Airspace

* * * * *

ASO FL B Tampa, FL [Revised]

Tampa International Airport (Primary Airport)

(Lat. 27 deg.58'32''N., long. 82 deg.32'00''W.)

Tampa ASR (lat. 27 deg.59'16''N., long. 82 deg.32'42''W.)

MacDill AFB (MCF) (lat. 27 deg.51'00''N., long. 82 deg.31'18''W.)

St. Petersburg VORTAC (PIE)

(Lat. 27 deg.54'28''N., long. 82 deg.41'04''W.)

Saratoga-Bradenton International Airport

(Lat. 27 deg.23'43''N., long. 82 deg.33'14''.)

Boundaries

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

including 10,000 feet MSL bounded by an area beginning at lat.

27 deg.54'30''N., long. 82 deg.30'56''W., then clockwise along the

5-mile arc of the Tampa ASR to lat. 27 deg.57'44''N., long.

82 deg.27'17''W., to the point of beginning.

Area B. That airspace extending upward from 1,200 feet MSL to

and including 10,000 feet MSL beginning at the intersection of the

Tampa ASR 10-mile arc and the PIE VORTAC 132 deg. radial, then

clockwise along the Tampa ASR 10-mile arc to US Highway 301, then

south along US Highway 301 to Interstate 75, then south along

Interstate 75 to the Tampa ASR 12.5-mile arc, then clockwise along

the Tampa ASR 12.5-mile arc to the PIE VORTAC 132 deg. radial, then

northwest via the PIE VORTAC 132 deg. radial to the point of

beginning.

Area C. That airspace extending upward from 1,700 feet MSL to

and including 10,000 feet MSL bounded by a line beginning at the

intersection of the Tampa ASR 10-mile arc and the PIE VORTAC

132 deg. radial, then northeast along the line 1.5 miles from the

parallel to Runway 04/22 at MCF AFB until intercepting the 4.5-mile

arc from the MCF AFB airport reference point, then direct to the

intersection of Interstate 75 and the Tampa ASR 12.5-mile arc, then

clockwise along the Tampa ASR 12.5-mile arc until intercepting the

PIE VORTAC 132 deg. radial, then northwest via the PIE VORTAC

132 deg. radial to the point of beginning.

Area. D. That airspace extending upward from 3,000 feet MSL up

to and including 10,000 feet MSL bounded by a line beginning at the

shoreline due west of and to the intersection of Highway 19 and

Highway 52, at Hudson, FL, then east along Highway 52 to Interstate

75, then south along the eastern edge of Interstate 75 to Highway

54, then east along Highway 54 to Highway 39-301 at Zephyrhills, FL,

then south on Highway 39 to Highway 60, then west on Highway 60 to

lat. 27 deg.56'16''N., long. 82 deg.10'59''W., then south along the

railroad to Highway 301 at Parrish, FL, then southwest along Highway

301 to the 10-mile arc of the Sarasota-Bradenton, FL, Class C

airspace area, then counterclockwise along the 10-mile arc of the

Sarasota-Bradenton Class C airspace area to U.S. Route 19, then

northwest along U.S. Route 19 to Interstate 275, then north along

Interstate 275 to lat. 27 deg.42'26''N., long. 82 deg.40'45''W. (the

north end of the Skyway Bridge), then north along the mainland

shoreline to the point of beginning.

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

and including 10,000 feet MSL bounded by a line beginning at the

intersection of U.S. Route 19 and the 10-mile arc of the Sarasota-

Bradenton Class C airspace area, then counterclockwise along the 10-

mile arc of the Sarasota-Bradenton Class C airspace area to

intercept the 30-mile arc of the Tampa ASR, then clockwise along the

Tampa ASR 30-mile arc to long. 82 deg.59'59''W., then north along

long. 82 deg.59'59''W., to the 30-mile arc to the Tampa ASR, then

clockwise along the Tampa ASR 30-mile arc to intercept Highway 39-

301, then south on Highway 39-301 to Highway 54 at Zephyrhills, Fl.;

and that airspace bounded by a line beginning at Highway 60 and

Highway 39, then south along Highway 39 to the Tampa ASR 30-mile

arc, then clockwise along the Tampa ASR 30-mile arc to the 10-mile

arc of the Sarasota-Bradenton Class C airspace area, then

counterclockwise along the 10-mile arc of the Sarasota-Bradenton

Class C airspace area to intercept Highway 301.

* * * * *

Issued in Washington, DC, on October 30, 1998.

Reginald C. Matthews,

Acting Program Director for Air Traffic Airspace Management.

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

Regulations.

Appendix--Tampa, FL, Class B Airspace Area

BILLING CODE 4910-13-M

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[GRAPHIC] [TIFF OMITTED] TP18NO98.002

[FR Doc. 98-30092 Filed 11-17-98; 8:45 am]

BILLING CODE 4910-13-C

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