[Federal Register Volume 70, Number 227 (Monday, November 28, 2005)]
[Rules and Regulations]
[Pages 71233-71236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23308]


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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.

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SUMMARY: This action modifies the current Minneapolis, MN, Class B 
airspace area to contain large turbine-powered 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 turbine-powered 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 cut-out 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

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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 sub-area 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.

[[Page 71235]]

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Amendment

0
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

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 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 (Wold-Chamberlain) Airport 
(Primary Airport)
    (Lat. 44[deg]53'00'' N., long. 93[deg]13'01'' W.)
Gopher VORTAC
    (Lat. 45[deg]08'45'' N., long. 93[deg]22'24'' W.)
Flying Cloud VOR/DME
    (Lat. 44[deg]49'33'' N., long. 93[deg]27'24'' W.)
Minneapolis-St. Paul International (Wold-Chamberlain) Airport DME 
Antenna (I-MSP DME)
    (Lat. 44[deg]52'28'' N., long. 93[deg]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[deg] radial clockwise to the Gopher 295[deg] radial and 
from the Gopher 115[deg] radial clockwise to the Flying Cloud 
115[deg] 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[deg] radial clockwise to the Gopher 352[deg] 
radial, and from the Gopher 085[deg] radial clockwise to the Gopher 
115[deg] radial, and from the Flying Cloud 115[deg] radial clockwise 
to the Gopher 160[deg] radial, and from the Gopher 170[deg] radial 
clockwise to the Flying Cloud 295[deg] radial excluding that 
airspace between a 25-mile radius and a 30-mile radius of the I-MSP 
DME from the Flying Cloud 115[deg] radial clockwise to the Gopher 
160[deg] 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[deg] radial clockwise to the Gopher 170[deg] 
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.
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[FR Doc. 05-23308 Filed 11-25-05; 8:45 am]
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