69864 Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Rules and Regulations 

amends part 39 of the Federal Aviation 

Regulations (14 CFR part 39) as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. Section 39.13 is amended by adding 

a new airworthiness directive to read as 

follows: 

2010–18–52 MD Helicopters, Inc.: 

Amendment 39–16515. Docket No. 

FAA–2010–1126; Directorate Identifier 

2010–SW–078–AD. Supersedes 

Emergency AD 2010–18–51, Directorate 

Identifier 2010–SW–076–AD. 

Applicability: Model MD900 helicopters, 

with lower main rotor hub (hub), part 

number 900R2101008–103, -105, and -107, 

installed, certificated in any category. 

Compliance: Required as indicated, unless 

accomplished previously. 

To detect a crack in the hub and prevent 

the failure of the hub and subsequent loss of 

control of the helicopter, do the following: 

(a) Within 4 hours time-in-service, visually 

inspect the hub for a crack, paying particular 

attention to the area of the 5 flex beam bolt 

hole locations. If you find a crack, before 

further flight, replace the hub with an 

airworthy hub. 

(b) If you find a crack, within 10 days, 

report the finding to Roger Durbin, Aviation 

Safety Engineer, FAA, Los Angeles Aircraft 

Certification Office, Airframe Branch, e-mail 

Roger.Durbin@faa.gov or fax (562) 627–5210. 

(c) A federal agency may not conduct or 

sponsor, and a person is not required to 

respond to, nor shall a person be subject to 

a penalty for failure to comply with a 

collection of information subject to the 

requirements of the Paperwork Reduction 

Act unless that collection of information 

displays a current valid OMB Control 

Number. The OMB Control Number for this 

information collection is 2120–0056. Public 

reporting for this collection of information is 

estimated to be approximately 5 minutes per 

response, including the time for reviewing 

instructions, completing and reviewing the 

collection of information. All responses to 

this collection of information are mandatory. 

Comments concerning the accuracy of this 

burden and suggestions for reducing the 

burden should be directed to the FAA at: 800 

Independence Ave., SW., Washington, DC 

20591, Attn: Information Collection 

Clearance Officer, AES–200. 

(d) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Contact the Manager, Los Angeles 

Aircraft Certification Office, FAA, ATTN: 

Roger Durbin, Aviation Safety Engineer, 

Airframe Branch, 3960 Paramount Blvd., 

Lakewood, California 90712, telephone (562) 

627–5233, fax (562) 627–5210, for 

information about previously approved 

alternative methods of compliance. 

(e) The Joint Aircraft System/Component 

(JASC) Code is 6220: Main Rotor Head. 

(f) This amendment becomes effective on 

December 1, 2010, to all persons except those 

persons to whom it was made immediately 

effective by Emergency AD 2010–18–52, 

issued August 23, 2010, which contained the 

requirements of this amendment. 

Issued in Fort Worth, Texas, on November 

5, 2010. 

Lance T. Gant, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–28456 Filed 11–15–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2010–0049; Airspace 

Docket No. 08–AWA–1] 

RIN 2120–AA66 

Modification of Class B Airspace; 

Charlotte, NC 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action modifies the 

Charlotte, NC, Class B airspace area to 

ensure the containment of aircraft, 

accommodate the implementation of 

area navigation (RNAV) departure 

procedures, and support operations of 

the third parallel runway at Charlotte/ 

Douglas International Airport. The FAA 

is taking this action to improve the flow 

of air traffic, enhance safety, and reduce 

the potential for midair collision in the 

Charlotte, NC, terminal area. 

DATES: Effective Date: 0901 UTC, 

January 13, 2011. The Director of the 

Federal Register approves this 

incorporation by reference action under 

3 CFR part 51, subject to the annual 

revision of FAA Order 7400.9 and 

publication of conforming amendments. 

FOR FURTHER INFORMATION CONTACT: Paul 

Gallant, Airspace Regulations and ATC 

Procedures Group, Office of Airspace 

Systems and AIM, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

Background 

On March 3, 2010, the FAA published 

in the Federal Register a notice of 

proposed rulemaking (NPRM) to modify 

the Charlotte, NC Class B airspace area 

(75 FR 9538). This action proposed to 

expand the lateral and vertical limits of 

the Charlotte Class B airspace area: To 

provide the additional airspace needed 

to support operations of a third parallel 

runway and the implementation of 

RNAV departure procedures; to contain 

ILS approach procedures for runways 

23, 18L, 18C (formerly 18R but 

redesignated November 20, 2008) and 

the new runway (18R); and to contain 

aircraft being vectored to a base leg from 

the west when Charlotte/Douglas 

International Airport (CLT) is on a north 

operation. 

In addition, the FAA published in the 

Federal Register a correction to the 

notice to provide a graphic chart of the 

proposed area that was inadvertently 

omitted from notice (75 FR 13049; 

March 18, 2010). Interested parties were 

invited to participate in this rulemaking 

effort by submitting written comments 

on the proposal. Twelve written 

comments were received in response to 

the notice. 

Discussion of Comments 

Two commenters expressed concerns 

about the availability of the published 

low altitude area navigation (RNAV) 

routes (i.e., T-routes) through the 

Charlotte terminal area. One commenter 

wrote that he regularly flies east/west 

across North Carolina but seldom is 

cleared for a T-route. Another 

commenter said that the FAA should reevaluate and potentially amend the 

Charlotte T-routes if necessary to 

increase availability. 

There are currently four T-routes that 

traverse Charlotte’s terminal airspace. 

T–200 and T–202 are east/west oriented 

routes; and T–201 and T–203 are north/ 

south routes. The FAA acknowledges 

that availability of the east/west Troutes is limited. When the new runway 

36L/18R opened in November 2009 and 

in order to accommodate triple 

instrument operations, Charlotte airport 

traffic control tower (ATCT) restricted 

overflight traffic on V–66, T–200 and 

T–202 during certain times. This 

restriction is in place when Charlotte is 

on a north operation (i.e., aircraft 

landing and departing to the north). The 

FAA has reviewed the existing T-routes 

and found that it is difficult to utilize 

the east/west T-routes through the 

Charlotte terminal area more than the 

current practice. When Charlotte is on a 

north operation, final radar airspace 

begins at Charlotte airport and extends 

southward to the boundary with 

Columbia, SC, ATCT airspace. On a 

south operation, final radar airspace 

begins at the airport and extends 

northward to the boundary with Atlanta 

Air Route Traffic Control Center 

(ARTCC). Because traffic in the above 

mentioned areas is descending from the 

enroute structure all the way to the 

surface for landing, it is difficult to 


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provide additional T-routes through 

these areas. This is likely to continue 

because, since June 2009, there has been 

a five percent increase in traffic at the 

Charlotte airport, with traffic projected 

to continue to increase at a moderate 

rate. It should be noted that controllers 

do not normally ‘‘offer’’ T-routes to 

pilots when they are approaching 

Charlotte airspace. When these routes 

were first developed, it was the 

expectation that pilots would file the Troutes in their flight plan. When the Troute is not filed in the flight plan and 

a pilot subsequently requests clearance 

into a T-route, controllers must re-clear 

the aircraft off the filed route and onto 

the T-route and amend the pilot’s route 

in the National Airspace System (NAS). 

This could lead to confusion as to where 

the route begins and ends, and where 

the route leaves or rejoins the 

previously filed route. It should also be 

noted that the two north/south oriented 

T-routes through Charlotte’s airspace 

remain available with very few 

restrictions. Any limitations imposed on 

those routes would be based on realtime traffic. If pilots wish to file a Troute in the flight plan, Charlotte 

controllers will make every attempt to 

allow the pilot to remain on the route. 

Five persons wrote with concerns 

about expanding the part of the Class B 

airspace (with a 4,000 foot MSL floor) 

over Lancaster County-McWhirter Field 

(LKR), located in Lancaster, South 

Carolina. They contend that the change 

would cause the loss of, or modification 

to, an approved Aerobatic Practice Area 

(APA) at LKR. The APA is used by 

many members of the International 

Aerobatic Club and a number of 

aerobatic teams train there. The APA 

currently extends from 500 feet above 

ground level (AGL) to 4,000 feet AGL, 

and operates in accordance with a 

waiver granted by the FAA. 

Commenters contend that the Class B 

airspace floor is set at 4,000 feet MSL in 

this area as proposed, the APA would 

extend nearly 500 feet into Class B 

airspace. They note that the APA ceiling 

could be lowered to 3,500 feet AGL, but 

this would allow only a 14 foot margin 

below the Class B for pilots to avoid an 

airspace violation. Commenters 

suggested that the Class B floor over 

LKR be raised to at least 5,000 feet MSL 

to allow them to fly safely while 

practicing competitive aerobatics. 

The FAA recognizes that establishing 

a 4,000 foot MSL Class B airspace floor 

would place the ceiling of LKR’s APA 

within Class B airspace. However, 

FAA’s facility operation directive (FAA 

Order 7210.3, Facility Operation and 

Administration) specifically addresses 

aerobatic practice areas and provides a 

means for air traffic managers to 

accommodate aerobatic practice activity 

within Class B airspace. Based on the 

guidelines stated in the directive, the 

FAA believes it can work out a 

satisfactory arrangement with the 

aerobatic operators at LKR. 

Also, one of the commenters 

questioned the need for Charlotte 

arrivals from the southeast and the west 

to be at 3,500 feet AGL when 30 nautical 

miles (NM) from the Charlotte airport. 

The FAA has carefully considered the 

Class B airspace configuration in this 

area. The proposal to extend Class B 

airspace over LKR with a floor of 4,000 

feet MSL was based on procedures 

required for managing arrivals and 

departures using runway 36R. Runway 

36R is used for all east and southbound 

departures. In addition, runway 36R is 

used for both departure and arrival 

traffic to avoid extensive taxi and 

runway crossing requirements. General 

aviation, corporate and military traffic 

departing from and arriving to, the fixed 

base operator and Air National Guard 

areas on the airport are often assigned 

runway 36R. Assigning this traffic to 

runway 36R enhances efficiency 

because that runway is closest to those 

ramps and parking areas. This practice 

keeps runway crossings to a minimum, 

which reduces the potential for runway 

incursions and greatly enhances the 

safety of aircraft movement on the 

airport surface areas. Arrivals to runway 

36R often require at least four nautical 

miles (NM) in-trail spacing. This is 

necessary to provide space for runway 

36R departures to depart safely between 

arrivals. In-trail spacing of greater than 

four NM is required for wake turbulence 

considerations when the preceding 

aircraft is a heavy jet or if the weight 

class difference between the leading and 

trailing aircraft meet certain criteria. 

Both the in-trail spacing required for 

departures and the in-trail spacing 

required for wake turbulence contribute 

to the lengthening of the final approach 

course. Therefore, it is not uncommon 

for the final approach course to extend 

to a point adjacent to LKR. 

Additionally, the initial approach 

altitude for traffic conducting the ILS 

runway 36R approach is 4,000 feet MSL. 

During triple simultaneous ILS 

operations (runways 36R, 36C and 36L) 

the following altitude assignments are 

used: Runway 36R—4,000 feet MSL; 

runway 36C—8,000 feet MSL; and 

runway 36L—5,000 or 6,000 feet MSL. 

FAA separation standards for triple ILS 

approaches require that arriving aircraft 

be vertically separated by a minimum of 

1,000 feet until they are established 

inbound on the ILS final approach 

course (localizer). Based on the above, 

the FAA concluded that the 4,000 foot 

MSL floor is needed to provide adequate 

Class B airspace for these aircraft 

operations. 

Two commenters wrote that the 

expansion of Class B airspace by adding 

Area J would significantly impact 

general aviation and sky diving 

operations at Chester Catawba Regional 

Airport (DCM), in Chester, SC. The new 

Area J lies to the south of the Charlotte 

airport between the 25 NM and 30 NM 

arcs of the Charlotte VOR/DME. It 

extends from 4,000 feet MSL up to 

10,000 feet MSL. While DCM currently 

lies outside the Charlotte Class B 

airspace area, the new Area J would 

overlie the airport. 

The FAA does not agree that the new 

Area J would cause significant impact 

on DCM operations. The instrument 

procedures serving the airport are still 

available and airport VFR traffic 

patterns are not affected by the 

expanded Class B airspace. The sky dive 

operations will continue to be 

accommodated at DCM. Charlotte ATCT 

is working with the operators of 

SkyDive Carolina to develop a mutually 

satisfactory Letter of Agreement (LOA) 

governing those operations. The LOA 

will standardize the handling of jump 

aircraft at DCM and provide a workable 

solution that will mitigate the concerns 

of both parties. 

One commenter questioned the 

validity of the reason stated in the 

notice for lowering Class B airspace to 

4,000 feet MSL in that area. The NPRM 

stated that when Charlotte is on a north 

operation, a significant number of 

aircraft inbound from the southwest on 

either the UNARM ONE or ADENA 

TWO standard terminal arrival routes 

(STAR) exit and reenter Class B airspace 

between the current 6,000 foot MSL 

Class B airspace floor and the 4,600 foot 

MSL floor to the south-southwest of 

Charlotte. The commenter questioned 

this reasoning because the two STARs 

never get closer than nine NM to DCM. 

The commenter suggested that a two 

NM cutout of Class B airspace centered 

on DCM would permit unhampered 

operations at DCM while containing 

aircraft inbound to CLT within Class B 

airspace. 

The FAA does not agree with the 

suggestion for a two NM Class B 

airspace cutout around DCM. If the 

airspace over DCM is not contained 

within Class B airspace, it would be 

necessary for controllers to direct 

aircraft to the north or south of DCM. 

This would greatly increase controller 

workload and frequency congestion 

while decreasing efficiency. The FAA 

finds that any Class B airspace cutout of 

usable size or shape would require 


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extensive vectoring of aircraft to remain 

in Class B airspace. 

In response to the above mentioned 

comment that the UNARM and ADENA 

STARs never get closer than nine NM to 

DCM, it is true when Charlotte is on a 

south operation using runways 18R, 

18C, 18L and 23 for landing. However, 

when Charlotte is on a north operation, 

traffic is vectored off the UNARM and 

ADENA STARs almost immediately 

upon entering Charlotte ATCT’s area of 

jurisdiction. This traffic is then assigned 

an easterly heading for vectors to the 

runway 36L, 36C or 36R final approach 

course. A review of radar-derived plots 

of actual flight patterns used on a north 

operation clearly show that DCM is 

overflown by aircraft assigned these 

base leg vectors. 

Two commenters asked the FAA to 

consider lowering the current 10,000 

foot MSL ceiling of the Charlotte Class 

B airspace area to 7,000 feet MSL. One 

commenter stated that there is no 

requirement for Class B airspace to 

extend to 10,000 feet MSL and cited 

other Class B locations (New York, 

Philadelphia and Boston) that currently 

have a 7,000 foot ceiling. The 

commenter believes that reducing the 

Charlotte Class B airspace ceiling would 

allow nonparticipating aircraft to 

transition the area with greater ease, 

reducing pilot and controller workloads. 

The FAA does not agree with the 

commenters requests. Class B design 

guidelines state that the upper limit of 

Class B airspace normally should not 

exceed 10,000 feet MSL. However, Class 

B airspace dimensions are individually 

tailored to site-specific requirements. To 

illustrate this, there are 30 Class B 

airspace areas (covering 37 primary 

airports). Of these areas, 13 have Class 

B ceilings at 10,000 feet MSL; 5 areas 

have 7,000 foot ceilings; 6 areas at 8,000 

feet; 3 areas at 9,000 feet; and 3 areas 

have ceilings above 10,000 feet MSL. In 

the case of the Charlotte Class B 

airspace area, the FAA determined that 

lowering the Class B ceiling from 10,000 

feet to 7,000 feet MSL would not 

provide adequate Class B airspace for 

aircraft operating into and out of the 

Charlotte airport. Specifically, Charlotte 

procedures and letters of agreement 

with adjacent ARTCCs require arriving 

turbojet and high performance 

turboprop aircraft enter Charlotte 

ATCT’s area of jurisdiction at altitudes 

between 10,000 feet and 13,000 feet 

MSL. Once inside Charlotte ATCT’s area 

of jurisdiction, this arrival traffic is 

assigned an altitude of 9,000 feet until 

abeam the Charlotte airport (for 

downwind traffic). Turbojet departures 

are assigned an initial altitude of 8,000 

feet. Frequently, the arrivals at 9,000 

feet and the departures at 8,000 feet 

‘‘cross out’’ within 20 NM of the 

Charlotte airport. By lowering the Class 

B ceiling to 7,000 feet as suggested, 

uncontrolled VFR aircraft, not in 

communication with ATC, would be 

added to this mix of cross-out traffic. 

This situation would not provide 

adequate protection to the arrivals, 

departures and VFR aircraft operating in 

a congested airspace area as they 

transition to and from the enroute 

structure. 

One commenter wrote about problems 

encountered when departing IFR 

northeastbound from the Lake Norman 

Airpark (14A), Mooresville, NC, to 

Greensboro, NC. The commenter, who 

flies a high-performance, single-engine 

turboprop aircraft, said he was directed 

to fly at 3,000 feet southeastbound for 

325 miles in order to go northeast bound 

to Greensboro, NC. In addition, when 

flying northbound from Columbia, SC, 

to 14A, the commenter stated he is 

required to fly the arrival from Florence, 

SC to 14A, which is a considerable 

deviation. The commenter also 

requested that the FAA establish IFR 

routes to the north through Charlotte 

airspace. 

The FAA is not aware of any aircraft 

that are vectored 325 miles off course. 

In fact, the longest radius the Charlotte 

ATCT facility controls from Charlotte 

Airport is less than 60 miles. Traffic 

departing Lake Norman Airpark with a 

destination of Greensboro Airport (GSO) 

should be able to proceed initially at an 

altitude of 3,000 feet, and then receive 

a climb clearance to a higher altitude 

within 15–20 miles (in a worst-case 

scenario). This would normally only 

occur if Charlotte were using a triple 

parallel simultaneous ILS approach, 

south operation, which occurs very 

infrequently (less than 5% of 

operations). If Charlotte were on a south 

converging operation (approximately 

55% of the time) the aircraft in question 

should be able to climb to at least 5,000 

feet within 10 miles of the Lake Norman 

Airpark, and then continue to climb to 

the pilot’s requested altitude. If 

Charlotte is on a north operation 

(approximately 40% of operations) this 

aircraft should normally be assigned its 

final requested altitude within 10 miles 

of the Lake Norman Airpark. As is the 

case with most high density terminal 

areas, all high performance turbinepowered aircraft are assigned specific 

STARs. In the case of Charlotte, these 

STARs are arranged in a four-corner 

‘‘bedpost’’ configuration. Therefore, high 

performance traffic from the Columbia, 

SC, Airport would be routed by the 

surrounding ARTCCs via either the 

UNARM or Chesterfield (or equivalent 

RNAV) STARs. If the traffic is not high 

performance (turbine powered) it could 

proceed virtually direct at an altitude of 

at or below 7,000 feet. Depending on 

traffic volume, low-performance aircraft 

could expect to be vectored 15 to 20 

miles east or west of Charlotte airport to 

avoid congestion during busy periods. 

Regarding the request to establish IFR 

routes north through Charlotte airspace, 

there are two north-south RNAV Troutes (T–201 and T–203) through the 

Charlotte Class B airspace area. RNAV 

route T–203 extends between Columbia, 

SC (CAE) and Pulaski, VA (PSK) 

transiting through the west side of the 

Charlotte Class B airspace area. In 

addition, VOR Federal airway V–37 is a 

north-south route through the Class B 

airspace area. 

Three commenters from the Lancaster 

County, SC, area were concerned with 

noise and environmental issues. They 

argue that there would be an increase in 

noise from extending the Charlotte Class 

B airspace area that would affect 

lifestyle, wildlife and property values in 

the area. They questioned the need for 

aircraft to fly so low over Lancaster, SC, 

which is 40 miles from Charlotte 

Airport. They suggested that aircraft fly 

no lower than 5,000 feet over the area. 

The purpose of Class B airspace is to 

reduce the potential for midair 

collisions in the airspace surrounding 

airports with high density air traffic 

operations. All aircraft operating in 

Class B airspace are subject to certain 

operating rules and equipment 

requirements. Class B airspace ensures 

that all aircraft flying in close proximity 

to high-performance, turbine-powered 

aircraft are under the guidance and 

control of an Air Traffic Control (ATC) 

facility. Aircraft flight paths are dictated 

by many factors including, but not 

limited to: the direction of operation at 

the Charlotte Airport; weather 

conditions, which determine the type of 

approaches being conducted; and traffic 

volume, which determines how long the 

final approach course is, as well as the 

base leg and downwind flight paths of 

aircraft. At Charlotte Airport, traffic 

volume varies with the time of day and, 

to some extent, the day of the week. 

As discussed above in response to a 

previous comment, ATC procedures 

require that aircraft must be assigned 

non-conflicting altitudes. During triple 

parallel ILS operations, ATC assigns 

altitudes that are at least 1,000 feet apart 

to ensure separation between aircraft 

being vectored ‘‘head-on’’ to adjacent 

final approach courses. This is why 

aircraft using runways 36R and 36L are 

assigned 4,000 feet and 5,000 feet 

respectively. The use of the 4,000-foot 

altitude over the Lancaster area has been 


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in place for several years (It should be 

noted that the previous required altitude 

was 3,600 feet). 

Because of the extensive use of 

runway 36R for departures, arriving 

aircraft must be spaced further apart to 

provide room for aircraft awaiting take 

off to be sequenced between aircraft that 

are landing. This means that, during 

heavy departure periods, the final 

approach course for traffic landing on 

runway 36R often extends 25 to 30 

miles from the airport. This places 

much of this traffic over the Lancaster, 

SC, area at an assigned altitude of 4,000 

feet. The expansion of the Charlotte 

Class B airspace area will provide Class 

B protection for these aircraft operating 

at 4,000 feet. 

If 5,000 feet is used as the floor of 

Class B airspace in the vicinity of 

Lancaster, SC, it will require traffic 

assigned to runway 36L to operate no 

lower than 6,000 feet in order to meet 

the 1,000 foot vertical separation 

requirement. If traffic using runway 36L 

joins the final approach course at 6,000 

feet instead of 5,000 feet, it would drive 

the final approach course out further 

from the airport. This could hamper the 

controller’s flexibility in providing an 

orderly and expeditious flow of traffic 

because less room would be available 

for vectoring, sequencing and spacing 

traffic. 

The Rule 

The FAA is amending Title 14, Code 

of Federal Regulations (14 CFR) part 71 

to modify the Charlotte, NC, Class B 

airspace area. This action (depicted on 

the attached chart) expands the lateral 

and vertical limits of the Charlotte Class 

B airspace area to provide the additional 

airspace needed to: ensure the 

containment aircraft within Class B 

airspace as required by FAA directives; 

support the operations of a third parallel 

runway (18R/36L); and, accommodate 

RNAV departure procedures. The 

modifications to the Charlotte Class B 

airspace area are summarized below: 

Area A that extends from the surface 

to and including 10,000 feet MSL is 

unchanged by this rule. 

Area B that extends from 1,800 feet 

MSL up to 10,000 feet MSL is modified 

by expanding a part of Area B north of 

the Charlotte Airport from the current 

11 NM arc of the Charlotte VOR/DME 

(CLT) outward to the 14 NM arc. This 

expansion of Area B is made only from 

the point of intersection of the CLT 14 

NM arc and Highway 321, then 

clockwise along the 14 NM arc to the 

CLT 024°T radial. At that point, Area B 

reverts to the existing 11 NM arc. The 

purpose of this change is to ensure that 

arrivals to runways 18R, 18C and 18L 

are contained within Class B airspace 

throughout the approach. In addition, 

the cutout around the Gastonia 

Municipal Airport (AKH) is widened to 

facilitate better access to and from the 

airport. 

Area C is that airspace extending 

upward from 3,600 feet MSL to and 

including 10,000 feet MSL that lies to 

the north of Area B. Additionally, the 

northeast edge of Area C is moved from 

the current CLT 20 NM arc outward to 

the 23 NM arc. This change extends the 

3,600 foot Class B airspace floor by 3 

NM to the northeast to accommodate 

vectoring patterns and the descent 

profile of aircraft conducting the ILS 

RWY 23 approach. 

Area D is redescribed as a small area 

located east of the Charlotte Airport, 

(south of Area C and east of Area B) that 

extends from 5,000 feet MSL up to 

10,000 feet MSL. The modified Area D 

lowers Class B airspace from 6,000 feet 

MSL to 5,000 feet MSL in order to 

contain aircraft flying easterly RNAV 

departure procedures within Class B 

airspace during climbout. 

Area E is redescribed as that airspace 

from 3,600 feet MSL up to 10,000 feet 

MSL, located to the south of Area B. The 

modified Area E extends the 3,600 foot 

Class B airspace floor southward to the 

CLT 25 NM arc. This will provide 

adequate vectoring airspace and ensure 

that aircraft will be retained within 

Class B airspace. 

Area F is redescribed as that airspace 

extending from 4,000 feet MSL to 10,000 

feet MSL. The modified Area F is 

located southwest of AKH within an 

area bounded by Highway 321, the CLT 

20 NM arc and power lines that extend 

in a southwesterly direction west of 

AKH. This area provides an adequate 

vector area for runway 5 arrivals. 

Area G is a new area extending from 

5,000 feet MSL up to 10,000 feet MSL 

located generally northwest of AKH. 

Area G consists of that airspace within 

an area bounded by the power lines, the 

CLT 20 NM arc, and Highway 321. 

Along with Area F, Area G provides 

airspace to prevent aircraft departing on 

westerly tracks from exiting and 

reentering Class B airspace during 

climbout. 

Area H is a new area extending from 

4,000 feet MSL up to 10,000 feet MSL 

in the northernmost section of the 

Charlotte Class B airspace area. This 

area extends the 4,000 foot floor of Class 

B airspace out to the CLT 30 NM arc, 

north of the airport. This extension is 

needed to provide adequate airspace 

needed for separation and vectoring 

arrivals to the appropriate final 

approach course; to comply with 

simultaneous triple ILS procedures; 

and, to ensure aircraft remain within 

Class B airspace. 

Area I is a new segment defining the 

easternmost section of the Class B 

airspace area. Area I extends from 6,000 

feet MSL up to 10,000 feet MSL. This 

segment lowers the floor of Class B 

airspace from 8,000 feet MSL to 6,000 

feet MSL within that area from Highway 

601 eastward to the CLT 25 NM. The 

rest of Area I retains the current 6,000 

foot MSL floor. These changes ensure 

arrivals and departures do not exit and 

reenter Class B airspace. 

Area J is a new area directly south of 

Area E. Area J extends Class B airspace, 

with a 4,000 foot MSL floor, southward 

between the CLT 25 NM arc and the 

CLT 30 NM arc. This expands the 4,000 

foot floor of Class B airspace out to the 

CLT 30 NM arc, south of the airport. 

This extension is needed to provide 

adequate airspace needed for separation 

and vectoring arrivals to the appropriate 

final approach course; to comply with 

simultaneous triple ILS procedures; 

and, to ensure that aircraft remain 

within Class B airspace. 

Area K is a new segment defining the 

westernmost section of the Class B 

airspace area. Area K extends from 

6,000 feet MSL up to 10,000 feet MSL. 

This segment lowers the floor of Class 

B airspace from 8,000 feet MSL to 6,000 

feet MSL within the area between the 

CLT 20 NM arc and the CLT 25 NM arc 

(west of the Charlotte Airport). Area K 

also extends Class B airspace southward 

to abut Area J. The rest of the airspace 

in Area K retains the current 6,000 foot 

MSL floor. 

Finally, the Charlotte/Douglas 

International Airport reference point 

coordinates in the Class B airspace legal 

description are changed from lat. 

35°12′52′′ N., long. 80°56′36′′ W., to 

35°12′49′′ N., long. 80°56′57′′ W., to 

reflect the latest National Airspace 

System data. 

The above changes to the Charlotte 

Class B airspace area are needed to 

ensure the containment of IFR aircraft 

within Class B airspace as required by 

FAA directives; accommodate the 

implementation of RNAV departure 

procedures; and support operations of a 

third parallel runway. 

All radials listed in the Charlotte 

Class B airspace description in this rule 

are stated in degrees relative to True 

North. 

Class B airspace areas are published 

in paragraph 3000 of FAA Order JO 

7400.9U, dated August 18, 2010 and 

effective September 15, 2010 which is 

incorporated by reference in 14 CFR 

71.1. The Class B airspace area in this 

document will be published 

subsequently in the Order. 


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69868 Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Rules and Regulations 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1E, ‘‘Environmental Impacts: 

Policies and Procedures,’’ paragraph 

311a. This airspace action is not 

expected to cause any potentially 

significant environmental impacts, and 

no extraordinary circumstances exist 

that warrant preparation of an 

environmental assessment. 

Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(44 U.S.C. 3507(d)) requires that the 

FAA consider the impact of paperwork 

and other information collection 

burdens imposed on the public. We 

have determined that there is no new 

information collection requirement 

associated with this final rule. 

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 (Pub. L. 96–354) requires 

agencies to analyze the economic 

impact of regulatory changes on small 

entities. Third, the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4) 

requires agencies to prepare a written 

assessment of the costs, benefits, and 

other effects of proposed or final rules 

that include a Federal mandate likely to 

result in the expenditure by State, local, 

or tribal governments, in the aggregate, 

or by the private sector, of $100 million 

or more annually (adjusted for inflation 

with base year of 1995). This portion of 

the preamble summarizes the FAA’s 

analysis of the economic impacts of this 

final rule. Department of Transportation 

Order DOT 2100.5 prescribes policies 

and procedures for simplification, 

analysis, and review of regulations. If 

the expected cost impact is so minimal 

that a proposed or final rule does not 

warrant a full evaluation, this order 

permits that a statement to that effect 

and the basis for it be included in the 

preamble if a full regulatory evaluation 

of the cost and benefits is not prepared. 

Such a determination has been made for 

this final rule. The reasoning for this 

determination follows: 

This final rule enhances safety by 

improving the flow of air traffic thereby 

reducing the potential for midair 

collision in the Charlotte, NC, terminal 

area. After consultation with a diverse 

cross-section of stakeholders that 

participated in the ad hoc committee, 

we found in the NPRM that the 

proposed rule might result in minimal 

cost. As we received no adverse 

comments regarding the initial 

economic analysis, we have determined 

that this final rule will result in minimal 

cost. 

This final rule will enhance safety, 

reduce the potential for a midair 

collision and will improve the flow of 

air traffic. As such, we estimate a 

minimal impact with substantial 

positive net benefits. FAA has, 

therefore, determined that this final rule 

is not a ‘‘significant regulatory action’’ as 

defined in section 3(f) of Executive 

Order 12866, and is not ‘‘significant’’ as 

defined in DOT’s Regulatory Policies 

and Procedures. 

Final Regulatory Flexibility 

Determination 

The Regulatory Flexibility Act of 1980 

(Pub. L. 96–354) (RFA) establishes ‘‘as a 

principle of regulatory issuance that 

agencies shall endeavor, consistent with 

the objectives of the rule and of 

applicable statutes, to fit regulatory and 

informational requirements to the scale 

of the businesses, organizations, and 

governmental jurisdictions subject to 

regulation. To achieve this principle, 

agencies are required to solicit and 

consider flexible regulatory proposals 

and to explain the rationale for their 

actions to assure that such proposals are 

given serious consideration.’’ The RFA 

covers a wide-range of small entities, 

including small businesses, not-forprofit organizations, and small 

governmental jurisdictions. 

Agencies must perform a review to 

determine whether a rule will have a 

significant economic impact on a 

substantial number of small entities. If 

the agency determines that it will, the 

agency must prepare a regulatory 

flexibility analysis as described in the 

RFA. 

However, if an agency determines that 

a rule is not expected to have a 

significant economic impact on a 

substantial number of small entities, 

section 605(b) of the RFA provides that 

the head of the agency may so certify 

and a regulatory flexibility analysis is 

not required. The certification must 

include a statement providing the 

factual basis for this determination, and 

the reasoning should be clear. 

Our initial determination was that the 

rule would not have a significant 

economic impact on a substantial 

number of small entities. We received 

no public comments regarding our 

initial determination. As such, this final 

rule will not have a significant 

economic impact on a substantial 

number of small entities because the 

economic impact is expected to be 

minimal. 

Therefore the FAA Administrator 

certifies that this final rule will not have 

a significant economic impact on a 

substantial number of small entities. 

Unfunded Mandates Assessment 

Title II of the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4) 

requires each Federal agency to prepare 

a written statement assessing the effects 

of any Federal mandate in a proposed or 

final agency rule that may result in an 

expenditure of $100 million or more (in 

1995 dollars) in any one year by State, 

local, and tribal governments, in the 

aggregate, or by the private sector; such 

a mandate is deemed to be a ‘‘significant 

regulatory action.’’ The FAA currently 

uses an inflation-adjusted value of 

$143.1 million in lieu of $100 million. 

The FAA has assessed the effect of this 

final rule and determined that it will 

enhance safety and is not considered an 

unnecessary obstacle to trade. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The 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, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE 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. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of the Federal Aviation 

Administration Order 7400.9U, 

Airspace Designations and Reporting 

Points, dated August 18, 2010, and 

effective September 15, 2010, 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°12′49′′ N., long. 80°56′57′′ W.) 

Charlotte VOR/DME 

(Lat. 35°11′25′′ N., long. 80°57′06′′ W.) 

Gastonia Municipal Airport 

(Lat. 35°12′10′′ N., long. 81°09′00′′ W.) 


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Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Rules and Regulations 69869 

Boundaries 

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 bounded by a line beginning at the 

Charlotte VOR/DME 024° radial 14-mile fix; 

thence direct to the Charlotte VOR/DME 032° 

radial 11-mile fix, thence clockwise via the 

11-mile arc of the Charlotte VOR/DME to lat. 

35°09′37′′ N., long. 81°10′21′′ W.; thence east 

to lat. 35°10′17′′ N., long. 81°08′10′′ W.; 

thence counterclockwise around a 2-mile 

radius of the Gastonia Municipal Airport to 

lat. 35°14′02′′ N., long. 81°08′10′′ W.; thence 

west to intersect U.S. Highway 321 at lat. 

35°15′00′′ N., long. 81°11′21′′ W.; thence 

north along U.S. Highway 321 to the 14-mile 

arc of the Charlotte VOR/DME at lat. 

35°19′20′′ N., long. 81°11′13′′ W.; thence 

clockwise via the 14-mile arc to the point of 

beginning, excluding that airspace within 

Area A described above. 

Area C. That airspace extending upward 

from 3,600 feet MSL to and including 10,000 

feet MSL bounded by a line beginning at the 

intersection of U.S. Highway 321 and the 

Charlotte VOR/DME 20-mile arc at lat. 

35°26′49′′ N., long. 81°12′44′′ W.; thence 

clockwise along the 20-mile arc to intersect 

the Marshall Steam Plant Rail Spur at lat. 

35°31′14′′ N., long. 81°00′42′′ W.; thence 

north along the Rail Spur to the Charlotte 

VOR/DME 25-mile arc at lat. 35°36′25′′ N., 

long. 80°58′57′′ W.; thence clockwise along 

the 25-mile arc to long. 80°46′00′′ W.; thence 

south along long. 80°46′00′′ W., to the 

Charlotte VOR/DME 23-mile arc; thence 

clockwise along the 23-mile arc to the 

Charlotte VOR/DME 067° radial; thence 

southwest along the 067° radial to the 

Charlotte VOR/DME 20-mile arc; thence 

clockwise along the 20-mile arc to the 

Charlotte VOR/DME 081° radial; thence west 

along the 081° radial to the Charlotte VOR/ 

DME 11-mile arc; thence counterclockwise 

along the 11-mile arc to the Charlotte VOR/ 

DME 032° radial, 11-mile fix; thence direct to 

the Charlotte VOR/DME 024° radial, 14-mile 

fix; thence counterclockwise along the 14- 

mile arc of the Charlotte VOR/DME to 

intersect U.S. Highway 321 at lat. 35°19′20′′ 

N., long. 81°11′13′′ W., thence north along 

U.S. Highway 321 to the point of beginning. 

Area D. That airspace extending upward 

from 5,000 feet MSL to and including 10,000 

feet MSL bounded by a line beginning at the 

Charlotte VOR/DME 081° radial 11-mile fix; 

thence east along the 081° radial to the 20- 

mile fix; thence clockwise along the 20-mile 

arc of the Charlotte VOR/DME to lat. 

34°56′07′′ N., long. 80°41′23′′ W.; thence 

north to the point of beginning. 

Area E. That airspace extending upward 

from 3,600 feet MSL to and including 10,000 

feet MSL bounded by a line beginning at lat. 

35°15′00′′ N., long. 81°11′21′′ W., thence east 

to lat. 35°14′02′′ N., long. 81°08′10′′ W.; 

thence clockwise along a 2-mile radius of the 

Gastonia Municipal Airport to lat. 35°10′17′′ 

N., long. 81°08′10′′ W.; thence west to 

intersect the Charlotte VOR/DME 11-mile arc 

at lat. 35°09′37′′ N., long. 81°10′21′′ W.; 

thence counterclockwise along the 11-mile 

arc to the Charlotte VOR/DME 081° radial 11- 

mile fix; thence south direct to the Charlotte 

VOR/DME 147° radial 25-mile fix; thence 

clockwise along the 25-mile arc of the 

Charlotte VOR/DME to lat. 34°49′37′′ N., 

long. 81°12′05′′ W.; thence north to the 

Charlotte VOR/DME 218° radial 20-mile fix, 

thence clockwise along the 20-mile arc of the 

Charlotte VOR/DME, to intersect U.S. 

Highway 321 at lat. 34°57′21′′ N., long. 

81°14′28′′ W.; thence north along U.S. 

Highway 321 to the point of beginning. 

Area F. That airspace extending upward 

from 4,000 feet MSL to and including 10,000 

feet MSL bounded by a line beginning at the 

intersection of the power lines and the 

Charlotte VOR/DME 20-mile arc at lat. 

35°08′08′′ N., long. 81°21′10′′ W.; thence east 

along the power lines to intersect U.S. 

Highway 321 at lat. 35°11′52′′ N., long. 

81°12′41′′ W.; thence south along U.S. 

Highway 321 to intersect the Charlotte VOR/ 

DME 20-mile arc at lat. 34°57′21′′ N., long. 

81°14′28′′ W; thence clockwise along the 

20-mile arc to the point of beginning. 

Area G. That airspace extending upward 

from 5,000 feet MSL to and including 10,000 

feet MSL bounded by a line beginning at the 

intersection of the power lines and the 

Charlotte VOR/DME 20-mile arc at lat. 

35°08′08′′ N., long. 81°21′10′′ W.; thence 

clockwise along the 20-mile arc to intersect 

U.S. Highway 321 at lat. 35°26′49′′ N., long. 

81°12′44′′ W.; thence south along U.S. 

Highway 321 to intersect the power lines at 

lat. 35°11′52′′ N., long. 81°12′41′′ W.; thence 

west along the power lines to the point of 

beginning. 

Area H. That airspace extending upward 

from 4,000 feet MSL to and including 10,000 

feet MSL bounded by a line beginning at lat. 

35°37′15′′ N., long. 81°10′32′′ W.; thence 

direct to intersect the Charlotte VOR/DME 

30-mile arc at lat. 35°41′30′′ N., long. 

80°57′40′′ W.; thence clockwise along the 30- 

mile arc to long. 80°46′00′′ W.; thence south 

along long. 80°46′00′′ W., to intersect the 

Charlotte VOR/DME 25-mile arc; thence 

counterclockwise along the 25-mile arc to 

intersect the Marshall Steam Plant Rail Spur 

at lat. 35°36′25′′ N., long. 80°58′57′′ W.; 

thence south along the Rail Spur to intersect 

the Charlotte VOR/DME 20-mile arc at lat. 

35°31′14′′ N., long. 81°00′42′′ W.; thence 

counterclockwise along the 20-mile arc to 

intersect U.S. Highway 321 at lat. 35°26′49′′ 

N., long. 81°12′44′′ W.; thence north along 

U.S. Highway 321 to intersect the Charlotte 

VOR/DME 25-mile arc at lat. 35°32′26′′ N., 

long. 81°13′44′′ W.; thence clockwise along 

the 25-mile arc to intersect the Charlotte 

VOR/DME 337° radial; thence northwest 

along the 337° radial to the point of 

beginning. 

Area I. That airspace extending upward 

from 6,000 feet MSL to and including 10,000 

feet MSL bounded by a line beginning at the 

Charlotte VOR/DME 062° radial, 30-mile fix, 

thence southwest along the 062° radial to the 

25-mile fix; thence clockwise along the 

Charlotte VOR/DME 25-mile arc to the 

Charlotte VOR/DME 120° radial; thence 

southeast along the 120° radial to the 30-mile 

fix; thence clockwise along the Charlotte 

VOR/DME 30-mile arc to lat. 34°44′58′′ N., 

long. 80°39′47′′ W.; thence north direct to 

intersect the Charlotte VOR/DME 20-mile arc 

at lat. 34°56′07′′ N., long. 80°41′23′′ W.; 

thence counterclockwise along the 20-mile 

arc to the Charlotte VOR/DME 067° radial; 

thence northeast along the 067° radial to the 

23-mile arc; thence counterclockwise along 

the 23-mile arc to long. 80°46′00′′ W.; thence 

north along long. 80°46′00′′ W., to the 

Charlotte VOR/DME 30-mile arc; thence 

clockwise along the 30-mile arc to the point 

of beginning. 

Area J. That airspace extending upward 

from 4,000 feet MSL to and including 10,000 

feet MSL bounded by a line beginning at the 

Charlotte VOR/DME 147° radial 25-mile fix; 

thence direct to intersect the Charlotte VOR/ 

DME 30-mile arc at lat. 34°44′58′′ N., long. 

80°39′47′′ W.; thence clockwise along the 

Charlotte VOR/DME 30-mile arc to lat. 

34°44′01′′ N., long. 81°12′05′′ W.; thence 

north to intersect the Charlotte VOR/DME 25- 

mile arc at lat. 34°49′37′′ N., long. 81°12′05′′ 

W.; thence counterclockwise along the 

Charlotte VOR/DME 25-mile arc to the point 

of beginning. 

Area K. That airspace extending upward 

from 6,000 feet MSL to and including 10,000 

feet MSL bounded by a line beginning at the 

Charlotte VOR/DME 293° radial, 30-mile fix; 

thence clockwise along the Charlotte VOR/ 

DME 30-mile arc to lat. 35°41′30′′ N., long. 

80°57′40′′ W.; thence southwest direct to 

intersect the Charlotte VOR/DME 337° at lat. 

35°37′15′′ N., long. 81°10′32′′ W.; thence 

southeast along the 337° radial to the 

Charlotte VOR/DME 25-mile arc; thence 

counterclockwise along the 25-mile arc to 

intersect U.S. Highway 321 at lat. 35°32′26′′ 

N., long. 81°13′44′′ W., thence south along 

new Highway 321 to intersect the Charlotte 

VOR/DME 20-mile arc at lat. 35°26′49′′ N., 

long. 81°12′44′′ W.; thence counterclockwise 

along the 20-mile arc to the Charlotte VOR/ 

DME 218° radial; thence south to intersect 

the Charlotte VOR/DME 30-mile arc at lat. 

34°44′01′′ N., long. 81°12′05′′ W.; thence 

clockwise along the 30-mile arc to the 

Charlotte VOR/DME 242° radial, thence 

northeast along the 242° radial to the 

Charlotte VOR/DME 25-mile arc; thence 

clockwise along the 25-mile arc to the 

Charlotte VOR/DME 293° radial; thence 

northwest along the 293° radial to the point 

of beginning. 

* * * * * 

Issued in Washington, DC, on November 3, 

2010. 

Edith V. Parish, 

Manager, Airspace, Regulations and ATC 

Procedures Group. 

BILLING CODE 4910–13–P 


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69870 Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Rules and Regulations 

[FR Doc. 2010–28399 Filed 11–15–10; 8:45 am] 

BILLING CODE 4910–13–C 

DEPARTMENT OF JUSTICE 

28 CFR Part 0 

[Docket No. OAG 136; A.G. Order No. 3227– 

2010] 

Delegation of Authority Under 18 

U.S.C. 249 

AGENCY: Department of Justice. 

ACTION: Final rule. 

SUMMARY: This rule amends 28 CFR part 

0 to delegate the Attorney General’s 

certification authority under 18 U.S.C. 

249, relating to hate crimes, to the 

Assistant Attorney General for the Civil 

Rights Division, and, in limited 

circumstances, to the Assistant Attorney 

General for the Criminal Division. 

DATES: Effective Date: November 16, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

Robert Moossy, Acting Section Chief, 

Civil Rights Division, Criminal Section, 

Patrick Henry Building, 950 

Pennsylvania Avenue, NW., 

Washington, DC 20530, (202) 305–2445. 

SUPPLEMENTARY INFORMATION: On 

October 28, 2009, President Obama 

signed into law the Matthew Shepard 

and James Byrd, Jr., Hate Crimes 

Prevention Act of 2009 (Shepard-Byrd 

Act). Among other things, the ShepardByrd Act created a new federal hate 

crime statute to be codified at 18 U.S.C. 

249. The Shepard-Byrd Act expressly 

provides that no prosecution under 

section 249 may be undertaken without 

a written certification by the Attorney 

General (or a designee) that the State 

does not have jurisdiction; the State has 

requested that the federal government 

assume jurisdiction; the verdict or 

sentence obtained through State charges 

left demonstrably unvindicated the 

federal interest in eradicating biasmotivated violence; or a prosecution by 

the federal government is in the public 

interest and necessary to secure 

substantial justice. The statute expressly 

allows the Attorney General to delegate 

this certification authority to a designee, 

and this rule accordingly amends 28 

CFR part 0 to delegate the Attorney 

General’s certification authority under 

18 U.S.C. 249 to the Assistant Attorney 

General for the Civil Rights Division, 

and, in limited circumstances, to the 

Assistant Attorney General for the 

Criminal Division. 

Regulatory Certifications 

This rule is a rule of agency 

organization, procedure, and practice 

and is limited to matters of agency 

management and personnel. 

Accordingly: (1) This rule is exempt 


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