Federal Register / Vol. 70, No. 227 / Monday, November 28, 2005 / Rules and Regulations 71233 

Director of the FDIC’s Division of 

Supervision and Consumer Protection (DSC) 

authority to make and publish in the Federal 

Register minor technical amendments to the 

Guidelines in this appendix, in consultation 

with the other appropriate federal banking 

agencies, to reflect the practical experience 

gained from implementation of this 

part.* * * 

* * * * * 

By order of the Board of Directors. 

Dated at Washington, DC, this 8th day of 

November, 2005. 

Federal Deposit Insurance Corporation. 

Robert E. Feldman, 

Executive Secretary. 

[FR Doc. 05–23310 Filed 11–25–05; 8:45 am] 

BILLING CODE 6714–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2003–15471; Airspace 

Docket No. 03–AWA–6] 

RIN 2120–AA66 

Modification of the Minneapolis Class 

B Airspace Area; MN 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action modifies the 

current Minneapolis, MN, Class B 

airspace area to contain large turbinepowered aircraft during operations to 

the new Runway 17/35 and to address 

an increase in aircraft operations to and 

from the Minneapolis-St. Paul 

International (Wold-Chamberlain) 

Airport (MSP). The FAA is taking this 

action to enhance safety and improve 

the management of aircraft operations in 

the Minneapolis terminal area. Further, 

this action supports the FAA’s national 

airspace redesign goal of optimizing 

terminal and en route airspace areas to 

reduce aircraft delays and improve 

system capacity. 

DATES: Effective Date: 0901 UTC, 

February 16, 2006. 

FOR FURTHER INFORMATION CONTACT: 

Steve Rohring, Airspace and Rules, 

Office of System Operations Airspace 

and AIM, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

Background 

On November 24, 2003, the FAA 

published in the Federal Register a 

notice of proposed rulemaking (NPRM) 

to modify the Minneapolis Class B 

airspace area (68 FR 65859). The FAA 

proposed the action due to a significant 

growth in aircraft operations and the 

construction of a new runway (Runway 

17/35) to accommodate the growth. The 

proposed modifications were designed 

to contain large turbine-powered aircraft 

within the MSP Class B airspace area 

and included expanding the lateral 

dimensions of the existing MSP Class B 

airspace area as well as increasing the 

vertical limits from 8,000 feet above 

mean sea level (MSL) to 10,000 feet 

MSL. 

Subsequent to the issuance of the 

NPRM, the FAA’s further analysis of 

airspace requirements revealed that 

additional airspace (beyond and below 

that airspace proposed in the NPRM) 

will be needed to contain large 

turbine’powered aircraft conducting 

approaches to the new Runway 35 

within the MSP Class B airspace area. 

To provide the public an opportunity to 

comment on the additional required 

airspace, the FAA issued a 

supplemental notice of proposed 

rulemaking (SNPRM) that included a 

new area F (70 FR 43803). Area F 

reflects the additional airspace that the 

FAA determined will be needed, as well 

as changes suggested by the Air Line 

Pilots Association, International (ALPA) 

and the National Business Aviation 

Association, Inc. (NBAA) in response to 

the NPRM (see ‘‘Discussion of 

Comment’’ below). 

Discussion of Comments 

In response to the NPRM, the FAA 

received three comments. 

The Aircraft Owners and Pilots 

Association (AOPA) expressed a 

concern that the dimensions of the MSP 

Class B airspace area should conform to 

the unique needs of users rather than 

conform to a national standard. They 

also expressed a concern that raising the 

vertical limits from 8,000 feet MSL to 

10,000 feet MSL would ‘‘pose a serious 

operational limitation to pilots wishing 

to over fly’’ the MSP Class B airspace 

area. AOPA also expressed a desire for 

charted visual flight rules (VFR) flyways 

in the MSP terminal area. 

The FAA has determined that some 

aircraft may have to fly farther or at 

lower or higher altitudes to remain clear 

of the modified MSP Class B airspace 

area; however, this is necessary to 

separate them from large turbinepowered aircraft arriving and departing 

MSP. The management of aircraft 

operations to the new runway will 

require several new arrival vector areas 

between the altitudes of 7,000 feet and 

10,000 feet MSL over the MSP terminal 

area. Specifically, aircraft that currently 

proceed directly to MSP and then enter 

an east/west downwind pattern will be 

vectored to a downwind pattern via 

northbound and southbound paths 

located to the east and west of MSP. 

This change in traffic flow is needed to 

accommodate three arrival streams 

rather than the current practice of using 

two arrival streams. As a result of these 

new procedures, approximately 900 

high-performance aircraft will be 

vectored to join arrival streams as far as 

30 nautical miles (NM) from MSP 

between the altitudes of 7,000 and 

10,000 feet MSL on a daily basis. 

In response to AOPA’s comment 

pertaining to VFR flyways, the FAA 

agrees that charted VFR flyways could 

minimize the impact on aircraft that 

choose to circumnavigate the MSP Class 

B airspace area. However, because VFR 

flyways are not addressed in a Class B 

rulemaking action, the FAA plans to 

develop and institute VFR flyways for 

the MSP terminal area through a 

separate, non-rulemaking process. 

ALPA and the NBAA expressed 

concern that the ‘‘southeast cut-out’’ of 

the proposed Area E would result in 

aircraft not being contained in Class B 

airspace when operating on the 

extended final approach course to the 

new Runway 35. They suggest reducing 

the size of the cut-out by changing the 

western boundary of the proposed cutout from the Gopher 170 radial to the 

Gopher 160 radial. The FAA agrees with 

this comment and has adopted the 

suggested modification. 

The FAA received the following 

comments in response to the SNPRM: 

AOPA again expressed a concern that 

raising the vertical limits of the MSP 

Class B airspace area from 8,000 feet 

MSL to 10,000 feet MSL would ‘‘pose a 

serious operational limitation to those 

pilots wishing to over fly’’ the MSP 

Class B airspace area and reiterated their 

desire for charted VFR flyways. They 

also mentioned that the ad hoc 

committee recommendations did not 

fully address their concerns. The FAA’s 

response to AOPA’s comments remains 

as stated previously in this document. 

The FAA also received comments 

from two pilots in response to the 

SNPRM. They commented that they 

practice aerobatic maneuvers at and 

below 8,000 feet MSL approximately 15 

NM west of the Flying Cloud Airport 

(between the cities of Belle Plaine and 

Cologne). They request that the FAA 

exclude the area that they practice in 

from the MSP Class B airspace area. 

While the FAA acknowledges that 

aerobatic operations in the area may be 

impacted, the FAA is not able to 

accommodate this request because the 

area between Belle Plaine and Cologne 

71234 Federal Register / Vol. 70, No. 227 / Monday, November 28, 2005 / Rules and Regulations 

lies within the vector area for aircraft 

arriving MSP via a standard terminal 

arrival route from the southwest. 

Aircraft using this arrival route will 

operate as low as 7,000 feet MSL over 

the area between Belle Plaine and 

Cologne (approximately 25 to 28 NM 

west-southwest of MSP). 

The coordinates for this airspace 

docket are based on North American 

Datum 83. Class B airspace areas are 

published in paragraph 3000 of FAA 

Order 7400.9N, Airspace Designations 

and Reporting Points, dated September 

1, 2005, and effective September 15, 

2005, 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. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) part 71 by 

modifying the MSP Class B airspace 

area. Specifically, this action (depicted 

on the attached chart) expands the 

upper limits of Areas A, B, C, and D 

from 8,000 feet MSL to and including 

10,000 feet MSL; expands the lateral 

limits of Area D to the northwest and 

southeast of MSP; adds an Area E 

within 30 NM of the I-MSP DME 

(excluding areas to the north and south 

of MSP); and adds an area F to the south 

of MSP. 

The FAA is taking this action to 

provide protection for the increased 

operations at MSP including operations 

to the new Runway 17/35. Additionally, 

this action enhances safety, improves 

the management of aircraft operations in 

the MSP terminal area, and supports the 

FAA’s national airspace redesign goal of 

optimizing terminal and en route 

airspace areas to reduce aircraft delays 

and improve system capacity. 

Regulatory Evaluation Summary 

Changes to Federal regulations must 

undergo several economic analyses. 

First, Executive Order 12866 directs that 

each Federal agency shall propose or 

adopt a regulation only upon a reasoned 

determination that the benefits of the 

intended regulation justify its costs. 

Second, the Regulatory Flexibility Act 

requires agencies to analyze the 

economic effect of regulatory changes 

on small businesses and other small 

entities. Third, the Office of 

Management and Budget directs 

agencies to assess the effect of 

regulatory changes on international 

trade. In conducting these analyses, the 

FAA has determined that this final rule: 

(1) Will generate benefits that justify its 

circumnavigation costs and is not a 

‘‘significant regulatory action’’ as 

defined in the Executive Order; (2) is 

not significant as defined in the 

Department of Transportation’s 

Regulatory Policies and Procedures; (3) 

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. 

This final rule will modify the 

Minneapolis, MN, Class B airspace area. 

The final rule will reconfigure the subarea lateral boundaries, and raise the 

altitude ceiling in certain segments of 

the airspace. 

The final rule will generate benefits 

for system users and the FAA in the 

form of enhanced operational efficiency 

and simplified navigation in the MSP 

terminal area. These modifications will 

impose some circumnavigation costs on 

operators of non-compliant aircraft 

operating in the area around MSP. 

However, the cost of circumnavigation 

is considered to be small. Thus, the 

FAA has determined this final rule will 

be cost-beneficial. 

Final Regulatory Flexibility 

Determination 

The Regulatory Flexibility Act of 1980 

establishes ‘‘as a principle of regulatory 

issuance that agencies shall endeavor, 

consistent with the objective of the rule 

and of applicable statutes, to fit 

regulatory and informational 

requirements to the scale of the 

business, organizations, and 

governmental jurisdictions subject to 

regulation.’’ To achieve that principal, 

the Act requires agencies to solicit and 

consider flexible regulatory proposals 

and to explain the rationale for their 

actions. The Act covers a wide-range of 

small entities, including small 

businesses, not-for-profit organizations 

and small governmental jurisdictions. 

Agencies must perform a review to 

determine whether a proposed or final 

rule will have a significant economic 

impact on a substantial number of small 

entities. If the determination is that it 

will, the agency must prepare a 

regulatory flexibility analysis (RFA) as 

described in the Act. 

However, if an agency determines that 

a proposed or final rule is not expected 

to have a significant economic impact 

on a substantial number of small 

entities, section 605(b) of the 1980 Act 

provides that the head of the agency 

may so certify and an RFA is not 

required. The certification must include 

a statement providing the factual basis 

for this determination, and the 

reasoning should be clear. 

This final rule may impose some 

circumnavigation costs on individuals 

operating in the Minneapolis terminal 

area, but the final rule will not impose 

any costs on small business entities. 

Operators of general aviation aircraft are 

not considered small business entities. 

As such, they are not included when 

performing a regulatory flexibility 

analysis. Flight schools are considered 

small business entities. However, the 

FAA assumes that they provide 

instruction in aircraft equipped to 

navigate in Class B airspace given they 

currently provide instruction in the 

Minneapolis terminal area. Therefore, 

these small entities should not incur 

any additional costs as a result of the 

final rule. Accordingly, pursuant to the 

Regulatory Flexibility Act, 5 U.S.C. 

605(b), the Federal Aviation 

Administration certifies this rule will 

not have a significant economic impact 

on a substantial number of small 

entities. 

International Trade Impact Assessment 

The Trade Agreement Act of 1979 

prohibits Federal agencies from 

engaging in any standards or related 

activities that create unnecessary 

obstacles to the foreign commerce of the 

United States (U.S.). Legitimate 

domestic objectives, such as safety, are 

not considered unnecessary obstacles. 

The statute also requires consideration 

of international standards and where 

appropriate, that they be the basis for 

U.S. standards. 

The final rule will only have a 

domestic impact and will not affect 

trade opportunities for U.S. firms doing 

business overseas or for foreign firms 

doing business in the U.S. 

Unfunded Mandates Assessment 

The Unfunded Mandate Reform Act of 

1995 (the Act) is intended, among other 

things, to curb the practice of imposing 

unfunded Federal mandates on State, 

local, and tribal governments. Title II of 

the Act 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 (adjusted annually for inflation) 

in any one year by State, local, and 

tribal governments, in the aggregate, or 

by the private sector. The FAA currently 

uses an inflation-adjusted value of 

$120.7 million in lieu of $100 million. 

This final rule does not contain such 

a mandate. The requirements of Title II 

do not apply. 

Federal Register / Vol. 70, No. 227 / Monday, November 28, 2005 / Rules and Regulations 71235 

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 

amends 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 FAA Order 7400.9N, 

Airspace Designations and Reporting 

Points, dated September 1, 2005, and 

effective September 15, 2005, is 

amended as follows: 

Paragraph 3000—Class B Airspace. 

* * * * * 

AGL MN B Minneapolis, MN [Revised] 

Minneapolis-St. Paul International (WoldChamberlain) Airport (Primary Airport) 

(Lat. 44°53′00′′ N., long. 93°13′01′′ W.) 

Gopher VORTAC 

(Lat. 45°08′45′′ N., long. 93°22′24′′ W.) 

Flying Cloud VOR/DME 

(Lat. 44°49′33′′ N., long. 93°27′24′′ W.) 

Minneapolis-St. Paul International (WoldChamberlain) Airport DME Antenna (I–

MSP DME) 

(Lat. 44°52′28′′ N., long. 93°12′24′′ W.) 

Boundaries 

Area A. That airspace extending upward 

from the surface to and including 10,000 feet 

MSL within a 6-mile radius of the I–MSP 

DME. 

Area B. That airspace extending from 2,300 

feet MSL to and including 10,000 feet MSL 

within an 8.5-mile radius of the I–MSP DME, 

excluding Area A previously described. 

Area C. That airspace extending from 3,000 

feet MSL to and including 10,000 feet MSL 

within a 12-mile radius of the I–MSP DME, 

excluding Area A and Area B previously 

described. 

Area D. That airspace extending from 4,000 

feet MSL to and including 10,000 feet MSL 

within a 20-mile radius of the I–MSP DME 

and including that airspace within a 30-mile 

radius from the Flying Cloud 295° radial 

clockwise to the Gopher 295° radial and from 

the Gopher 115° radial clockwise to the 

Flying Cloud 115° radial, excluding Area A, 

Area B, and Area C previously described. 

Area E. That airspace extending from 7,000 

feet MSL to and including 10,000 feet MSL 

within a 30-mile radius of the I–MSP DME 

from the Gopher 295° radial clockwise to the 

Gopher 352° radial, and from the Gopher 

085° radial clockwise to the Gopher 115° 

radial, and from the Flying Cloud 115° radial 

clockwise to the Gopher 160° radial, and 

from the Gopher 170° radial clockwise to the 

Flying Cloud 295° radial excluding that 

airspace between a 25-mile radius and a 30- 

mile radius of the I–MSP DME from the 

Flying Cloud 115° radial clockwise to the 

Gopher 160° radial, and excluding Area A, 

Area B, Area C, and Area D previously 

described. 

Area F. That airspace extending from 6,000 

feet MSL to and including 10,000 feet MSL 

within a 30-mile radius of the I–MSP DME 

from the Gopher 160° radial clockwise to the 

Gopher 170° radial, excluding Area A, Area 

B, Area C, and Area D previously described. 

* * * * * 

Issued in Washington, DC, on November 

16, 2005. 

Edith V. Parish, 

Manager, Airspace and Rules. 

BILLING CODE 4910–13–P 

71236 Federal Register / Vol. 70, No. 227 / Monday, November 28, 2005 / Rules and Regulations 

[FR Doc. 05–23308 Filed 11–25–05; 8:45 am] 

BILLING CODE 4910–13–C 


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