[Federal Register Volume 63, Number 146 (Thursday, July 30, 1998)]
[Proposed Rules]
[Pages 40668-40672]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20342]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 97-AWA-4]
RIN 2120-AA66


Proposed Establishment of Class C Airspace, and Revocation of 
Class D Airspace, Austin-Bergstrom International Airport, TX; and 
Revocation of Robert Mueller Municipal Airport Class C Airspace; TX

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This notice proposes to establish a Class C airspace area and 
revoke the existing Class D airspace area at the Austin-Bergstrom 
International Airport, Austin, TX. In addition, this notice proposes to 
revoke the existing Class C airspace area at the Robert Mueller 
Municipal Airport, Austin, TX. The FAA is proposing this action in 
support of the planned closure of the Robert Mueller Municipal Airport, 
and the transfer of airport operations from the Robert Mueller 
Municipal Airport to the Austin-Bergstrom International Airport. The 
Austin-Bergstrom International Airport is a public-use facility that 
will be serviced by a Level IV control tower and a Radar Approach 
Control. The establishment of this Class C airspace area would require 
pilots to maintain two-way radio communications with air traffic 
control (ATC) while in Class C airspace. Implementation of the Class C 
airspace area would promote the efficient use of airspace, and reduce 
the risk of midair collision in the terminal area.

DATES: Comments must be received on or before September 17, 1998.

ADDRESSES: Send comments on the proposal in triplicate to: Federal 
Aviation Administration, Office of the Chief Counsel, Attention: Rules 
Docket, AGC-200, Airspace Docket No. 97-AWA-4, 800 Independence Avenue, 
SW., Washington, DC 20591. The official docket may be examined in the 
Rules Docket, Office of the Chief Counsel, Room 916, weekdays, except 
Federal holidays, between 8:30 a.m. and 5:00 p.m.
    An informal docket may also be examined during normal business 
hours at the office of the Regional Air Traffic Division, Federal 
Aviation Administration, 2601 Meacham Blvd., Fort Worth, TX 76193-0500.

FOR FURTHER INFORMATION CONTACT: Ms. Sheri Edgett Baron, Airspace and 
Rules Division, ATA-400, Office of Air Traffic Airspace Management, 
Federal Aviation Administration, 800 Independence Avenue, SW., 
Washington, DC 20591; telephone: (202) 267-8783.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed 
rulemaking by submitting such written data, views, or arguments as they 
may desire. Comments that provide the factual basis supporting the 
views and suggestions presented are particularly helpful in developing 
reasoned regulatory decisions on the proposal. Comments are 
specifically invited on the overall regulatory, aeronautical, economic, 
environmental, and energy-related aspects of the proposal. 
Communications should identify the airspace docket number and be 
submitted in triplicate to the address listed above. Commenters wishing 
the FAA to acknowledge receipt of their comments on this notice must 
submit with those comments a self-addressed, stamped postcard on which 
the following statement is made: ``Comments to Airspace Docket No. 97-
AWA-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 notice may be changed 
in light of comments received. All comments submitted will be available 
for examination in the Rules Docket both before and after the closing 
date for comments. A report summarizing each substantive public contact 
with FAA personnel concerned with this rulemaking will be filed in the 
docket.

Availability of NPRM's

    An electronic copy of this document may be downloaded from the FAA 
regulations section of the Fedworld electronic bulletin board service 
(telephone: 703-321-3339) or the Federal Register's electronic bulletin 
board service (telephone: 202-512-1661), using a modem and suitable 
communications software.
    Internet users may reach the FAA's web page at http://www.faa.gov 
or the Federal Register's web page at <a href="http://www.access.gpo.gov/
su__docs">http://www.access.gpo.gov/
su__docs</a> for access to recently published rulemaking documents.
    Any person may obtain a copy of this NPRM by submitting a request 
to the Federal Aviation Administration, Office

[[Page 40669]]

of Air Traffic Airspace Management, Attention: Airspace and Rules 
Division, ATA-400, 800 Independence Avenue, SW., Washington, DC 20591, 
or by calling (202) 267-3075. Communications must identify the notice 
number of this NPRM. Persons interested in being placed on a mailing 
list for future NPRM's should contact the Federal Aviation 
Administration, Office of Rulemaking, (202) 267-9677, to request a copy 
of Advisory Circular No. 11-2A, which describes the application 
procedure.

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 the 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's) 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 
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 proposing to establish 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 
published via the FAA directives system (Order 7400.2, Procedures for 
Handling Airspace Matters).
    The FAA has established ARSA's at 123 locations under a phased 
implementation plan to replace TRSA's with ARSA's. Airspace 
Reclassification, effective September 16, 1993, reclassified ARSA's as 
Class C airspace areas. This change in terminology is reflected in the 
remainder of this NPRM.
    This notice proposes a Class C airspace designation at a location 
which was not identified as a candidate for Class C airspace in the 
preamble to Amendment No. 71-10 (50 FR 9252). Other candidate locations 
will be proposed in future notices published in the Federal Register.
    The Austin-Bergstrom International Airport is a public-use airport 
with an operating Level IV control tower served by Radar Approach 
Control.

The Proposal

    The FAA is proposing an amendment to part 71 of the Federal 
Aviation Regulations (14 CFR part 71) to establish a Class C airspace 
area and revoke the existing Class D airspace area at the Austin-
Bergstrom International Airport located in Austin, TX. In addition, 
this notice proposes to revoke the existing Class C airspace area at 
the Robert Mueller Municipal Airport located in Austin, TX. The FAA is 
proposing this action in support of the planned closure of the Robert 
Mueller Municipal Airport, and the transfer of airport operations from 
the Robert Mueller Municipal Airport to the Austin-Bergstrom 
International Airport. The Austin-Bergstrom International Airport is a 
public-use facility that will be serviced by a Level IV control tower 
and a Radar Approach Control. With the airport relocating, the annual 
volume of instrument operations for the Austin-Bergstrom International 
Airport will equal or exceed current operations at the Robert Mueller 
Municipal Airport. This volume of instrument operations meets the FAA 
criteria for establishing Class C airspace. Implementation of the Class 
C airspace area would promote the efficient use of airspace and reduce 
the risk of midair collision in the terminal area.
    The FAA published a final rule (50 FR 9252, March 6, 1985) that 
defines Class C airspace and prescribes operating rules for aircraft, 
ultralight vehicles, and parachute jump operations in Class C airspace 
areas. The final rule provides, in part, that all aircraft arriving at 
any airport in Class C airspace must: (1) prior to entering the Class C 
airspace, establish two-way radio communications with the ATC facility 
having jurisdiction over the area; and (2) while in Class C airspace, 
maintain two-way radio communications with that ATC facility. For 
aircraft departing from the primary airport within Class C airspace, or 
a satellite airport with an operating control tower, two-way radio 
communications must be established and maintained with the control 
tower and thereafter as instructed by ATC while operating in Class C 
airspace. For aircraft departing a satellite airport without an 
operating control tower and within Class C airspace, two-way radio 
communications must be established with the ATC facility having 
jurisdiction over the area as soon as practicable after takeoff and 
thereafter maintained while operating within the Class C airspace area 
(14 CFR 91.130).
    Pursuant to Federal Aviation Regulations section 91.130 (14 CFR 
part 91) all aircraft operating within Class C airspace are required to 
comply with sections 91.129 and 91.130. Ultralight vehicle operations 
and parachute jumps in Class C airspace areas may only be conducted 
under the terms of an ATC authorization.
    The FAA adopted the NAR Task Group recommendation that each Class C 
airspace area be of the same airspace

[[Page 40670]]

configuration insofar as practicable. The standard Class C airspace 
area consists of that airspace within 5 nautical miles (NM) of the 
primary airport, extending from the surface to an altitude of 4,000 
feet above that airport's elevation, and that airspace between 5 and 10 
NM's from the primary airport from 1,200 feet above the surface to an 
altitude of 4,000 feet above that airport's elevation. Proposed 
deviations from this standard have been necessary at some airports 
because of adjacent regulatory airspace, international boundaries, 
topography, or unusual operational requirements.
    Definitions and operating requirements applicable to Class C 
airspace may be found in Sec. 71.51 of part 71 and Secs. 91.1 and 
91.130 of part 91 of Title 14 Code of Federal Regulations (14 CFR). The 
coordinates for this airspace docket are based on North American Datum 
83. Class C and Class D airspace designations are published, 
respectively, in paragraphs 4000 and 5000 of FAA Order 7400.9E, dated 
September 10, 1997, and effective September 16, 1997, which is 
incorporated by reference in 14 CFR 71.1. The Class C airspace 
designation listed in this document would be published subsequently in 
the Order, and the Class D airspace designation listed in this document 
would be removed subsequently from the Order.

Public Input

    Normally, the FAA would hold informal airspace meetings before 
publication of this NPRM. However, limited time between the issuance of 
this action and the proposed opening of the Austin-Bergstrom 
International Airport does not lend time for sufficient notice. The FAA 
will hold public information sessions where this proposal will be 
discussed with interested parties. These sessions were announced in the 
Federal Register on June 10, 1998 (63 FR 31678).

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 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 international trade.
    In conducting these analyses, the FAA has determined that this 
proposed rule is not ``a significant regulatory action'' as defined in 
the Executive Order and the Department of Transportation Regulatory 
Policies and Procedures. This proposed rule would not have a 
significant impact on a substantial number of small entities, would not 
constitute a barrier to international trade, and does not contain any 
Federal intergovernmental or private sector mandates. These analyses, 
available in the docket, are summarized below.
    The proposed rule would move the Class C airspace area, presently 
located at the Robert Mueller Municipal Airport, 5 miles to the south 
to the Austin-Bergstrom International Airport. This action is to take 
effect when the Robert Mueller Municipal Airport closes (in April 1999) 
and all operations are transferred to the Austin-Bergstrom 
International Airport.
    Costs of approximately $850 would be incurred by the FAA in order 
to send a Letter to Airmen to pilots within a 50-mile radius of the 
Austin-Bergstrom International Airport informing them of the airspace 
change. The FAA would not incur any costs for ATC staffing, training, 
or equipment. Changes to sectional charts would occur during the chart 
cycle and would cause no additional costs beyond the normal update of 
the charts. Public meetings and safety seminars would not result in 
costs to the aviation community because they would occur regardless of 
this proposed rulemaking. Aircraft owners and operators would not incur 
costs for equipment because they are already operating in Class C 
airspace at the Robert Mueller Municipal Airport.
    The FAA has determined that moving the Class C airspace area from 
the Robert Mueller Municipal Airport to the Austin-Bergstrom 
International Airport would maintain the level of safety now existing 
at the Austin-Bergstrom International Airport. The FAA has determined 
that the proposed rule would be cost-beneficial.

Initial Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (RFA) establishes ``as a 
principle of regulatory issuance that agencies shall endeavor, 
consistent with the objective of the rule and of applicable statutes, 
to fit regulatory and informal requirements to the scale of business, 
organizations, and governmental jurisdictions subject to regulation.'' 
To achieve that principle, the RFA requires agencies to solicit and 
consider flexible regulatory proposals and to explain the rationale for 
their actions.
    All commercial and general aviation operators who presently use the 
Robert Mueller Municipal Airport are currently equipped to use the 
Austin-Bergstrom International Airport. There are only negligible costs 
associated with this proposed rule in the form of printing and postage 
of letters to airmen to inform them of the airspace change. 
Accordingly, the FAA certifies that there is no significant economic 
impact on a substantial number of small entities as a result of this 
proposed rulemaking. The FAA solicits comments from affected entities 
with respect to this finding and determination.

International Trade Impact Assessment

    This proposed rule would not constitute a barrier to international 
trade, including the export of U.S. goods and services to foreign 
countries or the import of foreign goods and services into the United 
States.

Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (the Act), 
enacted as Public Law 104-4 on March 22, 1995, requires each Federal 
agency, to the extent permitted by law, to prepare a written assessment 
of the effects of any Federal mandate in a proposed or final agency 
rule that may result in the expenditure of $100 million or more (when 
adjusted annually for inflation) in any one year by state, local, and 
tribal governments in the aggregate, or by the private sector. Section 
204(a) of the Act, 2 U.S.C. 1534(a), requires the Federal agency to 
develop an effective process to permit timely input by elected officers 
(or their designees) of state, local, and tribal governments on a 
proposed ``significant intergovernmental mandate.'' A ``significant 
intergovernmental mandate'' under the Act is any provision in a Federal 
agency regulation that would impose an enforceable duty upon state, 
local, and tribal governments to expend in the aggregate of $100 
million adjusted annually for inflation in any one year. Section 203 of 
the Act, 2 U.S.C. 1533, which supplements section 204(a), provides 
that, before establishing any regulatory requirements that might 
significantly or uniquely affect small governments, the agency shall 
have developed a plan that, among other things, provides for notice to 
potentially affected small governments, if any, and for a meaningful 
and timely opportunity to provide input in the development of 
regulatory proposals.
    This proposed rule does not contain any Federal intergovernmental 
or private sector mandates. Therefore, the requirements of Title II of 
the Unfunded Mandates Reform Act of 1995 do not apply.

[[Page 40671]]

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--[AMENDED]

    1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.


Sec. 71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of the Federal 
Aviation Administration Order 7400.9E, Airspace Designations and 
Reporting Points, dated September 10, 1997, and effective September 16, 
1997, is amended as follows:

Paragraph 4000--Subpart C-Class C Airspace

* * * * *

ASW TX C  Austin-Bergstrom International Airport, TX  [NEW]

Austin-Bergstrom International Airport, TX
    (lat. 30 deg.11'48''N., long. 97 deg.40'44''W.) BSM

    That airspace extending upward from the surface to, and 
including, 4,500 feet MSL within a 5-mile radius of the Austin-
Bergstrom International Airport, and that airspace extending upward 
from 2,100 feet MSL to and including 4,500 feet MSL within a 10-mile 
radius of the Austin-Bergstrom International Airport.
* * * * *
ASW TX C Austin, Robert Mueller Municipal Airport, TX  [Removed]
* * * * *
Paragraph 5000--Subpart D-Class D Airspace
* * * * *
ASW TX D Austin-Bergstrom, TX  [Removed]
* * * * *
    Issued in Washington, DC, on July 24, 1998.
Reginald C. Matthews,
Acting Program Director for Air Traffic Airspace Management.

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[FR Doc. 98-20342 Filed 7-29-98; 8:45 am]
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