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[Federal Register Volume 78, Number 244 (Thursday, December 19, 2013)]
[Proposed Rules]
[Pages 76781-76784]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-30097]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2013-0859; Airspace Docket No. 13-AWA-4]
RIN 2120-AA66

Proposed Modification of Class B Airspace; Salt Lake City, UT

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend the description of Area C and 
Area O of the Salt Lake City Class B airspace area by raising the floor 
of a small portion of Class B airspace between the Salt Lake City Class 
B surface area and the Hill Air Force Base (AFB) Class D airspace area. 
This action proposes to raise the Class B airspace floor in the 
northeast corner of Area C from 6,000 feet mean seal level (MSL) to 
7,500 feet MSL, and redefine the new boundary segment using the power 
lines underlying the area. This would benefit and enhance non-
participating VFR aircraft operations being flown north and south 
through the Salt Lake Valley over Interstate 15.

DATES: Comments must be received on or before February 3, 2014.

ADDRESSES: Send comments on this proposal to the U.S. Department of 
Transportation, Docket Operations, M-30, 1200 New Jersey Avenue SE., 
West Building Ground Floor, Room W12-140, Washington, DC 20590-0001; 
telephone: (202) 366-9826. You must identify FAA Docket No. FAA-2013-
0859 and Airspace Docket No. 13-AWA-4 at the beginning of your 
comments. You may also submit comments through the Internet at http://www.regulations.gov.

[[Page 76782]]

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Airspace Policy and 
Regulations Group, Office of Airspace Services, 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 both docket numbers (FAA Docket No. 
FAA-2013-0859 and Airspace Docket No. 13-AWA-4) and be submitted in 
triplicate to the Docket Management Facility (see ADDRESSES section for 
address and phone number). You may also submit comments through the 
internet at http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments 
on this action must submit with those comments a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Nos. FAA-2013-0859 and Airspace Docket No. 13-AWA-4.'' 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 action may be changed in light of 
comments received. All comments submitted will be available for 
examination in the public 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 be filed in the 
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the 
Internet at http://www.regulations.gov. Recently published rulemaking 
documents can also be accessed through the FAA's Web page at http://www.faa.gov/regulations_policies/rulemaking/recently_published/.
    You may review the public docket containing the proposal, any 
comments received and any final disposition in person in the Dockets 
Office (see ADDRESSES section for address and phone number) between 
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal 
holidays. An informal docket may also be examined during normal 
business hours at the office of the Central Service Center, Operations 
Support Group, Federal Aviation Administration, 2601 Meacham Blvd. Fort 
Worth, TX 76137.
    Persons interested in being placed on a mailing list for future 
NPRMs should contact the FAA's Office of Rulemaking, (202) 267-9677, 
for a copy of Advisory Circular No. 11-2A, Notice of Proposed 
Rulemaking Distribution System, which describes the application 
procedure.

Background

    On August 17, 2012, the FAA published a final rule modifying the 
Salt Lake City, UT Class B airspace area (77 FR 49712) with an 
effective date of October 18, 2012. Subsequent to this effective date, 
the FAA determined that a portion of Area C, with its 6,000 foot MSL 
floor, was extended farther northeast (northeast corner of Area C) than 
necessary based on operational experience with the new Salt Lake City 
Class B airspace configuration. The portion of Class B airspace in the 
proposal overlies a short segment of a heavily used VFR flyway that 
follows Interstate 15 (I-15) between the Salt Lake City Class B surface 
area and Hill AFB Class D airspace area. However, VFR pilots not in 
contact with air traffic control use I-15 as a convenient and easily 
viewed landmark for VFR aircraft flying north and south through the 
Salt Lake Valley. The 6,000 foot MSL Class B airspace floor in the 
northeast corner of Area C causes problems for VFR aircraft 
transitioning this area. VFR pilots following I-15 have found it 
difficult to avoid the Class B airspace due to the 6,000 foot MSL floor 
and the lack of good landmarks in the area. In addition, air traffic 
controllers routing VFR aircraft through the area over I-15 are 
required to either obtain and issue a Class B airspace clearance or 
vector the VFR aircraft north of the 6,000 foot MSL Class B airspace 
floor until clear of the area.
    Raising the floor of Class B airspace from 6,000 feet MSL to 7,500 
feet MSL in the northeast corner of Area C, and using the power lines 
located west of I-15 as a visual reference to identify the boundary 
where Class B airspace with a 6,000 foot MSL floor ends, would overcome 
the issues associated with Area C that are being experienced by VFR 
pilots and air traffic controllers. Additionally, raising the floor of 
Class B airspace in this area would significantly benefit and enhance 
VFR aircraft operations in the area without compromising containment of 
large turbine-powered aircraft conducting instrument procedures within 
Class B airspace.

The Proposal

    The FAA is proposing an amendment to Title 14 of the Code of 
Federal Regulations (14 CFR) part 71 to modify the Salt Lake City Class 
B airspace area. This action proposes to raise the floor of a portion 
of Class B airspace in the northeast corner of Area C from 6,000 feet 
MSL to 7,500 feet MSL. The portion of Class B airspace being raised 
lies northeast of the power lines running northwest and southeast under 
Area C and would be incorporated into the description of Area O, which 
has a 7,500 foot MSL Class B airspace floor. The power lines under Area 
C would be used to visually define the new shared boundary between Area 
C and Area O in that area. These proposed modifications would enhance 
the safety and flow of VFR aircraft transitioning north and south in 
the Salt Lake Valley by following I-15, while continuing to support 
containment of large turbine-powered aircraft flying instrument 
procedures within Class B airspace.
    The FAA is not proposing any modification actions to the Salt Lake 
City Class B airspace Areas A, B, and D through N. The proposed 
modifications to the Salt Lake City Class B airspace Area C and Area O 
subareas are outlined below.
    Area C. Area C would include the airspace extending upward from 
6,000 feet MSL to 12,000 feet MSL. This action would redefine the 
northeast boundary of Area C by a line drawn west of and parallel to 
the power lines that run northwest and southeast between the TCH 
006[deg] radial 9.5-mile DME at lat. 41[deg]00'28'' N., long. 
111[deg]57'36'' W. and the TCH 016[deg] radial 8.1-mile DME at lat. 
40[deg]58'48'' N., long. 111[deg]55'58'' W. The floor of Class B 
airspace located immediately northeast of the power lines just 
described would be raised from 6,000 feet MSL to 7,500 feet MSL and 
incorporated into the adjacent Area O. The remainder of Area C would be 
unchanged.
    Area O. Area O would include the airspace extending upward from 
7,500 feet MSL to 12,000 feet MSL. The boundary of the area would be 
realigned to match the segment of the power lines that run northwest 
and southeast between the TCH 006[deg] radial 9.5-mile DME at lat. 
41[deg]00'28'' N., long. 111[deg]57'36'' W. and the TCH 016[deg] radial 
8.1-mile DME at lat. 40[deg]58'48'' N., long. 111[deg]55'58'' W. used 
to redefine the

[[Page 76783]]

northeast boundary of Area C. The portion of Class B airspace 
incorporated into Area O would raise the floor of Class B airspace in 
that area from 6,000 feet MSL to 7,500 feet MSL. The remainder of Area 
O would be unchanged.
    All radials listed in this proposed Salt Lake City Class B airspace 
area description modification are stated in degrees relative to True 
North. All geographic coordinates are stated in degrees, minutes, and 
seconds based on North American Datum 83.
    Implementation of the proposed modification to the Salt Lake City 
Class B airspace area would continue to ensure containment of large 
turbine-powered aircraft within Class B airspace as required by FAA 
directive. Additionally, this proposed action would allow VFR aircraft 
to transition east/west, north of the Salt Lake City Class B surface 
area, and north/south, to and from Salt Lake City airport, using I-15 
as an easily identifiable visual landmark outside of Class B airspace 
below 7,500 feet MSL. This proposed modification would enhance the 
safety and efficient management of aircraft operations in the Salt Lake 
City, UT, terminal area.
    Class B airspace areas are published in paragraph 3000 of FAA Order 
7400.9X, Airspace Designations and Reporting Points, dated August 7, 
2013, and effective September 15, 2013, which is incorporated by 
reference in 14 CFR 71.1. The Class B airspace area listed in this 
document would be published subsequently in the Order.

Regulatory Evaluation Summary

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Order 12866 and Executive Order 13563 direct 
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 Trade Agreements Act 
(Pub. L. 96-39) prohibits agencies from setting standards that create 
unnecessary obstacles to the foreign commerce of the United States. In 
developing U.S. standards, the Trade Act requires agencies to consider 
international standards and, where appropriate, that they be the basis 
of U.S. standards. Fourth, 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 proposed 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 to 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 proposed rule. The 
reasoning for this determination follows:
    This proposed rule has the following benefits.
    This proposed rule would improve the flow of air traffic, enhance 
safety, and reduce the potential for midair collision in the Salt Lake 
City Class B airspace.
    Implementation of the proposed modification to the Salt Lake City 
Class B airspace area would continue to ensure containment of large 
turbine-powered aircraft within Class B airspace as required by FAA 
directive. Additionally, this proposed action would allow VFR aircraft 
to transition east/west, north of the Salt Lake City Class B surface 
area, and north/south, to and from Salt Lake City Airport, using I-15 
as an easily identifiable visual landmark outside of Class B airspace 
below 7,500 feet MSL. This proposed modification would enhance the 
safety and efficient management of aircraft operations in the Salt Lake 
City, UT terminal area.
    The FAA believes that this proposed rule would result in minimal 
costs.
    The FAA has, therefore, determined that this proposed 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.

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-for-profit 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.
    The FAA believes the proposed rule would not have a significant 
economic impact on a substantial number of small entities as the 
economic impact is expected to be minimal.
    Therefore as the acting FAA Administrator, I certify that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.

International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the 
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal 
agencies from establishing standards or engaging in related activities 
that create unnecessary obstacles to the foreign commerce of the United 
States. Pursuant to these Acts, the establishment of standards is not 
considered an unnecessary obstacle to the foreign commerce of the 
United States, so long as the standard has a legitimate domestic 
objective, such as the protection of safety, and does not operate in a 
manner that excludes imports that meet this objective. The statute also 
requires consideration of international standards and, where 
appropriate, that they be the basis for U.S. standards.
    The FAA has assessed the potential effect of this proposed rule and 
determined that it would enhance safety and would not be considered an 
unnecessary obstacle to trade.

[[Page 76784]]

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.
    This proposed rule does not contain such a mandate; therefore, the 
requirements of Title II of the Act do not apply.

Environmental Review

    This proposal will be subject to an environmental analysis in 
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies 
and Procedures,'' prior to any FAA final regulatory action.

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, B, C, D, AND E AIRSPACE AREAS; AIR 
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
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]

0
2. The incorporation by reference in 14 CFR 71.1 of the Federal 
Aviation Administration Order 7400.9X, Airspace Designations and 
Reporting Points, dated August 7, 2013, and effective September 15, 
2013, is amended as follows:

Paragraph 3000 Subpart B--Class B Airspace.

* * * * *

ANM UT B Salt Lake City, UT [Amended]

Salt Lake City International Airport (Primary Airport)
    (Lat. 40[deg]47'18'' N., long. 111[deg]58'40'' W.)
Wasatch VORTAC (TCH)
    (Lat. 40[deg]51'01'' N., long. 111[deg]58'55'' W.)
Hill AFB (HIF)
    (Lat. 41[deg]07'26'' N., long. 111[deg]58'23'' W.)
    Boundaries.
    By removing the current descriptions of Area C and Area O, and 
adding in its place:
    Area C. That airspace extending upward from 6,000 feet MSL to 
and including 12,000 feet MSL, within an area bounded by a line 
beginning at the TCH 316[deg] radial 11.6-mile DME at lat. 
40[deg]59'21'' N., long. 112[deg]09'33'' W.; thence east to a point 
west of the power lines at the TCH 006[deg] radial 9.5-mile DME at 
lat. 41[deg]00'28'' N., long. 111[deg]57'36'' W.; thence southeast 
to a point west of the power lines at the TCH 016[deg] radial 8.1-
mile DME at lat. 40[deg]58'48'' N., long. 111[deg]55'58'' W.; thence 
south to the TCH 020[deg] radial 6.6-mile DME at lat. 40[deg]57'13'' 
N., long. 111[deg]55'56'' W.; thence west to a point southeast of 
Seagull Point on Antelope Island at the TCH 304[deg] radial 9.3-mile 
DME at lat. 40[deg]56'13'' N., long. 112[deg]09'05'' W.; thence 
north to the point of beginning.
    Area O. That airspace extending upward from 7,500 feet MSL to 
and including 12,000 feet MSL, within an area bounded by a line 
beginning at the intersection of U.S. Highway 89 and a 4.3-mile 
radius from Hill AFB at the TCH 014[deg] radial 13.6-mile DME at 
lat. 41[deg]04'11'' N., long. 111[deg]54'39'' W.; thence clockwise 
along the 4.3-mile radius from Hill AFB to 1700 South St. at the TCH 
347[deg] radial 14.7-mile DME at lat. 41[deg]05'20'' N., long. 
112[deg]03'21'' W.; thence west along W. 1700 South St. to the TCH 
329[deg] radial 16.8-mile DME at lat. 41[deg]05'22'' N., long. 
112[deg]10'20'' W.; thence south to the TCH 316[deg] radial 11.6-
mile DME at lat. 40[deg]59'21'' N., long. 112[deg]09'33'' W.; thence 
east to a point west of the power lines at the TCH 006[deg] radial 
9.5-mile DME at lat. 41[deg]00'28'' N., long. 111[deg]57'36'' W.; 
thence southeast to a point west of the power lines at the TCH 
016[deg] radial 8.1-mile DME at lat. 40[deg]58'48'' N., long. 
111[deg]55'58'' W.; thence south to the TCH 020[deg] radial 6.6-mile 
DME at lat. 40[deg]57'13'' N., long. 111[deg]55'56'' W.; thence 
south to the intersection of Redwood Rd. and W. 500 South St. at the 
TCH 049[deg] radial 3.1-mile DME at lat. 40[deg]53'02'' N., long. 
111[deg]55'48'' W.; thence south to Center St. at the TCH 102[deg] 
radial 2.3-mile DME at lat. 40[deg]50'32'' N., long. 111[deg]55'57'' 
W.; thence east along Center St. to I-15 at the TCH 099[deg] radial 
3-mile DME at lat. 40[deg]50'32'' N., long. 111[deg]54'56'' W.; 
thence north along I-15 to U.S. Highway 89 at the TCH 024[deg] 
radial 9-mile DME at lat. 40[deg]59'14'' N., long. 111[deg]54'05'' 
W.; thence north along U.S. Highway 89 to the point of beginning.

    Issued in Washington, DC, on December 12, 2013.
Donna Warren,
Acting Manager, Airspace Policy and Regulations Group.
[FR Doc. 2013-30097 Filed 12-18-13; 8:45 am]
BILLING CODE 4910-13-P
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