6698 Federal Register / Vol. 62, No. 29 / Wednesday, February 12, 1997 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 95–AWA–6]

RIN 2120–AA66

Establishment of the Myrtle Beach

International Airport Class C Airspace

Area, SC, and Revocation of the Myrtle

Beach AFB Class D Airspace Area, SC

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This action establishes a Class

C airspace area at Myrtle Beach

International Airport, SC, and revokes

the Class D airspace area at Myrtle

Beach AFB, SC. Myrtle Beach

International Airport is a public-use

facility with a Level II control tower

served by a Radar Approach Control.

The establishment of this Class C

airspace area will require pilots to

maintain two-way radio

communications with air traffic control

(ATC) while in Class C airspace.

Implementation of the Class C airspace,

at this location promotes the efficient

control of air traffic and reduces the risk

of midair collision in the terminal area.

Additionally, the graphic that

accompanied the notice proposing this

action incorrectly identified the Grand

Strand Airport in North Myrtle Beach,

SC. This action corrects that error.

EFFECTIVE DATE: 0901 UTC, March 27,

1997.

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 April 22, 1982, the National

Airspace Review (NAR) plan was

published in the Federal Register (47

FR 17448). The plan encompassed a

review of airspace use and procedural

aspects of the ATC system. Among the

main objectives of the NAR was the

improvement of the ATC system by

increasing efficiency and reducing

complexity. In its review of terminal

airspace, NAR Task Group 1–2

concluded that Terminal Radar Service

Areas (TRSA) should be replaced. Four

types of airspace configurations were

considered as replacement candidates,

and Model B, the Airport Radar Service

Area (ARSA) configuration, was

recommended by a consensus of the

task group.

The FAA published NAR

Recommendation 1–2.2.1, ‘‘Replace

Terminal Radar Service Areas with

Model B Airspace and Service’’ in

Notice 83–9 (48 FR 34286; July 28,

1983) proposing the establishment of

ARSA’s at the Robert Mueller Municipal

Airport, Austin, TX, and the Port of

Columbus International Airport,

Columbus, OH. ARSA’s were designated

at these airports on a temporary basis by

Special Federal Aviation Regulation No.

45 (48 FR 50038; October 28, 1983) to

provide an operational confirmation of

the ARSA concept for potential

application on a national basis.

Following a confirmation period of

more than a year, the FAA adopted the

NAR recommendation and, on February

27, 1985, issued a final rule (50 FR

9252; March 6, 1985) defining ARSA

airspace and establishing air traffic rules

for operation within such an area.

Concurrently, by separate rulemaking

action, ARSA’s were permanently

established at the Austin, TX,

Columbus, OH, and the Baltimore/

Washington International Airports (50

FR 9250; March 6, 1985). The FAA

stated that future notices would propose

ARSA’s for other airports at which

TRSA procedures were in effect.

A number of problems with the TRSA

program were identified by the NAR

Task Group. The task group stated that

because of the different levels of service

offered in terminal areas, users are not

always sure of what restrictions or

privileges exist or how to cope with

them. According to the NAR Task

Group, there is a shared feeling among

users that TRSA’s are often poorly

defined, are generally dissimilar in

dimensions, and encompass more area

than is necessary or desirable. There are

other users who believe that the

voluntary nature of the TRSA does not

adequately address the problems

associated with nonparticipating aircraft

operating in relative proximity to the

airport and associated approach and

departure courses. The consensus

among the user organizations is that

within a given standard airspace

designation, a terminal radar facility

should provide all pilots the same level

of service and in the same manner, to

the extent feasible.

Additionally, the NAR Task Group

recommended that the FAA develop

quantitative criteria for establishing

ARSA’s at locations other than those

which were included in the TRSA

replacement program. The task group

recommended that these criteria

include, among other things, traffic mix,

flow and density, airport configuration,

geographical features, collision risk

assessment, and ATC capabilities to

provide service to users. These criteria

have been developed and are being

published via the FAA directives system

(Order 7400.2D, Procedures for

Handling Airspace Matters).

Related Rulemaking Actions

Airspace Reclassification which

became effective September 16, 1996,

discontinued the use of the term

‘‘airport radar service area’’ and

replaced it with the designation ‘‘Class

C airspace area.’’ This change in

terminology is reflected in this final

rule.

The FAA has established Class C

airspace areas at 121 locations under a

paced implementation plan to replace

TRSA’s with Class C airspace areas.

This rule establishes a Class C

airspace area at a location which was

not identified as a candidate for an

ARSA (a Class C airspace area) in the

preamble to Amendment No. 71–10 (50

FR 9252).

The Myrtle Beach International

Airport is a public-use facility with a

Level II control tower serviced by a

Radar Approach Control. Passenger

enplanements reported at Myrtle Beach

International Airport were 316,809,

274,531, and 290,295 for calendar years

1994, 1993, and 1992, respectively. This

volume of passenger enplanements

meets the FAA criteria for establishing

a Class C airspace area to enhance

safety. In addition, this action revokes

the existing Class D airspace area at

Myrtle Beach AFB, SC.

Public Input

As announced in the Federal Register

on June 29, 1994 (59 FR 33568), a preNotice of Proposed Rulemaking (NPRM)

airspace meeting was held on August

16, 1994, in Conway, SC. This meeting

provided local airspace users with an

opportunity to present input on the

design of the proposed establishment of

the Myrtle Beach, SC, Class C airspace

area.

On August 22, 1996, the FAA

published an NPRM (61 FR 43320) that

proposed to designate a Class C airspace

area at the Myrtle Beach International

Airport, SC. Interested parties were

invited to participate in this rulemaking

effort by submitting comments on the

proposal to the FAA. In response to this

NPRM, the FAA received two

comments, the Air Line Pilots

Association and the South Carolina

Department of Commerce, Division of

Aeronautics. Both commenters

supported the proposal.
Federal Register / Vol. 62, No. 29 / Wednesday, February 12, 1997 / Rules and Regulations 6699

The Rule

This amendment to part 71 of the

Federal Aviation Regulations (l4 CFR

part 71) establishes a Class C airspace

area at the Myrtle Beach International

Airport and removes the Class D

airspace area at Myrtle Beach AFB, SC.

The Myrtle Beach International Airport

is a public-use facility with a Level II

control tower served by Radar Approach

Control. The establishment of this Class

C airspace area will require pilots to

establish two-way radio

communications with the ATC facility

providing air traffic services prior to

entering the airspace and thereafter

maintain those communications while

within the Class C airspace area.

Implementation of the Class C airspace

area will promote the efficient control of

air traffic and reduce the risk of midair

collision in the terminal area.

The Myrtle Beach Class C airspace

area will be effective on March 27, 1997.

The effective date for this final rule does

not correspond with a scheduled

publication date for the appropriate

aeronautical chart for this area. The

Myrtle Beach Class C airspace area will,

therefore, be published on the Charlotte

Sectional Aeronautical Chart effective

August 14, 1997. In the interim, the

FAA will disseminate information

regarding the implementation of the

Myrtle Beach Class C 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

implementation of the airspace area.

The revocation of the Class D airspace

area coincides with the effective date for

the Class C airspace area.

In addition, the graphic included in

the NPRM incorrectly identified the

Grand Strand Airport in North Myrtle

Beach, SC. This action corrects that

error. Except for editorial changes and

the correction to the airport name on the

graphic, this amendment is the same as

that proposed in the notice. The

coordinates in this document are based

on North American Datum 83. Class C

and Class D airspace designations are

published in paragraphs 4000 and 5000,

respectively, of FAA Order 7400.9D

dated September 4, 1996, and effective

September 16, 1996, which is

incorporated by reference in 14 CFR

71.1. The Class C airspace area listed in

this document will be published

subsequently in the Order and the Class

D airspace area listed in this document

will be removed subsequently from the

Order.

Regulatory Evaluation Summary

Changes to Federal regulations must

undergo several economic analyses.

First, Executive Order 12866 directs that

each Federal agency shall propose or

adopt a regulation only upon a reasoned

determination that the benefits of the

intended regulation justify its costs.

Second, the Regulatory Flexibility Act

requires agencies to analyze the

economic effect of regulatory changes

on small entities. Third, the Office of

Management and Budget directs

agencies to assess the effect of

regulatory changes on small entities

changes on international trade. In

conducting these analyses, the FAA has

determined that this Final Rule: (1) will

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 Department of Transportation’s

Regulatory Policies and Procedures; (3)

will not have a significant impact on a

substantial number of small entities; (4)

will not constitute a barrier to

international trade; and (5) will 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.

Costs-Benefit Analysis

The FAA has determined that the

establishment of Myrtle Beach Class C

airspace area will enhance operational

efficiency (through the implementation

of additional air traffic control operating

procedures) and aviation safety (in the

form of reduced risk of midair collision

in the newly established Class C

airspace area).

Costs

Cost Impact on Aircraft Operators

This final rule will impose minimal,

if any, costs on general aviation aircraft

or air carrier operators. This

determination is based on data

contained in the most recent General

Aviation and Avionics Survey Report.

The report indicates an estimated 82

percent of all General Aviation (GA)

aircraft operators are currently equipped

with two-way radios, which are

required to enter Class C airspace. As of

December 30, 1990 all aircraft (except

those without an electrical system,

balloons and gliders) flying in the

vicinity of the Myrtle Beach

International Airport have been required

to have a Mode C transponder under

Federal Aviation Regulations (14 CFR

part 91.215). The FAA assigns no

aircraft equipment cost to this final rule

because the agency has already

allocated those cost to the Mode C Rule,

requiring essentially all aircraft to be

equipped with Mode C transponders.

The FAA has traditionally

accommodated GA aircraft operators

without two-way radio communication

equipment and operators of aircraft

without electrical systems, via letters of

agreement, when practical to do so

without jeopardizing aviation safety.

However, a few aircraft operators will

not request or receive letters of

agreement, and these operators will be

required to utilize circumnavigation

procedures. The FAA has determined

that operators could circumnavigate

around the newly established airspace

(5 miles), over, or in certain cases, under

the airspace without significantly

deviating from their regular flight paths.

Therefore, the FAA has determined the

final rule will impose minimal, if any,

cost impact on any aircraft operators.

Cost Impact on the FAA

The FAA assumed responsibility for

ATC at the Myrtle Beach International

Airport from the United States Air Force

on December 27, 1992. In that same

year, the agency conducted a review of

the radar system at Myrtle Beach. As a

result of that review, the FAA decided

to expedite the replacement of the

computer system and other radar

equipment. Myrtle Beach International

Airport installed a new computer

system, after the FAA’s 1992 review.

Consequently, the agency will not incur

any additional cost for equipment (such

as consoles) with the establishment of

Class C airspace. The newly established

Class C airspace area will also be able

to function effectively with existing

personnel resources. Before this final

rule becomes effective, the FAA will

distribute a Letter To Airmen to pilots

residing within 50 miles of the Class C

airspace area. This one-time incurred

cost of the established rule will be

approximately $535 dollars. The FAA

already systematically revises sectional

charts every six months; therefore, the

final rule will not impose any additional

charting cost on the agency.

The FAA recognizes that delays might

develop in the Myrtle Beach airspace

area following the initial establishment

of the Class C airspace area. However,

those delays that may occur are

typically transitional in nature. Based

on past experience at other locations,

the FAA concludes that any potential

delays will eventually be more than

offset by the increased flexibility

afforded controllers in handling traffic

as a result of Class C separation

standards.
6700 Federal Register / Vol. 62, No. 29 / Wednesday, February 12, 1997 / Rules and Regulations

Benefits

The number of aircraft operations and

operational complexity has been

steadily increasing in the Myrtle Beach

area. That activity has now reached the

level where the increased air traffic

control provided in Class C airspace is

necessary to maintain safety. The FAA

has carefully studied existing and

forecast activity in the area and

establishes by this rule the extent of

Class C airspace necessary to maintain

operational safety now and into the

foreseeable future. The final rule will

also enhance aircraft operational

efficiency. Aircraft operators in this type

of airspace will receive additional

information in the form of traffic

advisories and separation and

sequencing of arrivals.

Conclusion

In view of the minimal cost of

compliance, enhanced aviation safety

and operational efficiency, the FAA has

determined that the final rule will be

cost-beneficial.

Final Regulatory Flexibility

Determination

The Regulatory Flexibility Act of 1980

(RFA) was enacted by Congress to

ensure that small entities are not

unnecessarily and disproportionately

burdened by Federal regulations. The

RFA requires a Regulatory Flexibility

Analysis if a final rule will have

‘‘significant economic impact on a

substantial number of small entities.’’

FAA Order 2100.14A outlines the FAA’s

procedures and criteria for

implementing the RFA.

The small entities that may

potentially incur minimal, if any, cost

with the implementation of the final

rule are operators of aircraft who do not

meet Class C airspace navigational

equipment standards (primarily parts

91, 121 and 135 aircraft without twoway radios and Mode C transponders).

The small entities potentially impacted

by the final rule will not incur any

additional cost for navigational

equipment and more rigorous operating

procedures because they routinely fly

into airspace where such requirements

are already in place. As the result the

Mode C rule, all of these commercial

operators are assumed to have Mode C

transponders. The FAA has traditionally

accommodated GA and other aircraft

operators without two-way radio

communication equipment and Mode C

transponders, via letters of agreement,

when practical to do so without

jeopardizing safety. Therefore, the FAA

has determined that the final rule will

not have a significant economic impact

on a substantial number of small

entities.

International Trade Impact Assessment

The final rule will not constitute a

barrier to international trade, including

the export of American goods and

services to foreign countries and the

import of foreign goods and services

into the United States. This assessment

is based on the fact that the final rule

will neither impose costs on aircraft

operators nor aircraft manufacturers

(U.S. or foreign).

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference,

Navigation (Air).

Adoption of the Amendment

In consideration of the foregoing, the

Federal Aviation Administration

amends 14 CFR part 71 as follows:

PART 71—[AMENDED]

1. The authority citation for 14 CFR

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; 14 CFR 11.69.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of the Federal Aviation

Administration Order 7400.9D, Airspace

Designations and Reporting Points,

dated September 4, 1996, and effective

September 16, 1996, is amended as

follows:

Paragraph 4000—Subpart C-Class C Airspace

* * * * *

ASO SC C Myrtle Beach, SC [New]

Myrtle Beach International Airport

(lat. 33°40′47′′ N., long. 78°55′42′′ W.)

That airspace extending upward from the

surface to and including 4,000 feet MSL

within a 5-mile radius of the Myrtle Beach

International Airport, and that airspace

extending upward from 1,200 feet MSL to

and including 4,000 feet MSL within a 10-

mile radius of the Myrtle Beach International

Airport. This Class C airspace area is

effective during the specific dates and times

of operation of the Myrtle Beach Approach

Control facility, as established in advance by

a Notice to Airmen. The effective date and

times will thereafter be continuously

published in Airport/Facility Directory.

* * * * *

Paragraph 5000—Subpart D-Class D

Airspace

* * * * *

ASO SC D Myrtle Beach AFB, SC [Removed]

* * * * *

Issued in Washington, DC, on February 6,

1997.

Jeff Griffith,

Program Director for Air Traffic Airspace

Management.

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[FR Doc. 97–3509 Filed 2–11–97; 8:45 am]

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