Proposed Modification of Class B Airspace; Chicago, IL, 27229-27237 [2010-11499]
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Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Proposed Rules
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14 CFR Part 71
[Docket No. FAA–2010–0347; Airspace
Docket No. 07–AWA–2 RIN 2120–AA66]
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AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
SUMMARY: This action proposes to
modify the Chicago, IL, Class B airspace
area by expanding the existing airspace
to ensure containment of Instrument
Flight Rules (IFR) aircraft conducting
instrument approach procedures within
Class B airspace, and segregating IFR
aircraft at Chicago O’Hare International
Airport (ORD) and Visual Flight Rules
(VFR) aircraft operating in the vicinity
of Chicago Class B airspace. Additional
Class B airspace would support
operations to ORD’s triple parallel
runways and three additional parallel
runways planned for the near future.
This action would enhance safety,
improve the flow of air traffic, and
reduce the potential for midair collision
in the Chicago terminal area, further
supporting the FAA’s national airspace
redesign goal of optimizing terminal and
en route airspace areas to reduce aircraft
delays and improve system capacity.
DATES: Comments must be received on
or before July 13, 2010.
ADDRESSES: Send comments on this
proposal to the United States (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.
18:05 May 13, 2010
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You must identify FAA Docket No.
FAA–2010–0347 and Airspace Docket
No. 07–AWA–2 at the beginning of your
comments. You may also submit
comments through the Internet at
https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Colby Abbott, Airspace and Rules
Group, Office of System Operations
Airspace and AIM, Federal Aviation
Administration, 800 Independence
Avenue, SW., Washington, DC 20591;
telephone: (202) 267–8783.
SUPPLEMENTARY INFORMATION:
Comments Invited
Proposed Modification of Class B
Airspace; Chicago, IL
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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–
2010–0347 and Airspace Docket No. 07–
AWA–2) 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
https://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–2010–0347 and
Airspace Docket No. 07–AWA–2.’’ 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
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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 https://www.regulations.gov.
Recently published rulemaking
documents can also be accessed through
the FAA’s Web page at https://
www.faa.gov/air_traffic/publications/
airspace_amendments/.
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 a.m. and 5
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
In 1970, the FAA issued a final rule
(35 FR 8880) which established the
Chicago, Ill., Terminal Control Area to
replace the Chicago, Ill., control zone.
As a result of the Airspace
Reclassification final rule (56 FR 65638),
which became effective in 1993, the
terms ‘‘terminal control area’’ and
‘‘airport radar service area’’ were
replaced by ‘‘Class B airspace area,’’ and
‘‘Class C airspace area,’’ respectively.
The primary purpose of a Class B
airspace area is to reduce the potential
for midair collisions in the airspace
surrounding airports with high density
air traffic operations by providing an
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area in which all aircraft are subject to
certain operating rules and equipment
requirements.
The present day Chicago Class B
airspace has remained unchanged since
being established in 1993 by the
Airspace Reclassification final rule
noted above. During that period, ORD
has experienced increased traffic levels,
a considerably different fleet mix, and
airport infrastructure improvements
enabling simultaneous instrument
approach procedures to three parallel
runways. For calendar year 2008, ORD
was ranked number 2 in the list of the
‘‘50 Busiest FAA Airport Traffic Control
Towers,’’ with 882,807 aircraft
operations, and number 6 in the list of
the ‘‘50 Busiest Radar Approach Control
Facilities,’’ with 1,270,825 instrument
operations. Additionally, the calendar
year 2008 passenger enplanement data
ranked ORD as number 2 among
Commercial Service Airports with
33,683,991 passenger enplanements.
In recent years, the City of Chicago
has undertaken construction projects to
convert ORD to a primarily east/west
operating airport. Ongoing construction
projects include three additional
parallel runways planned to supplement
the existing three parallel Runways 9L/
27R, 9R/27L, and 10/28. The FAA has
determined that it is not possible to
modify existing procedures to contain
arrival aircraft conducting simultaneous
instrument approaches to the existing
parallel runways within the Chicago
Class B airspace area. As the planned
runways become operational and
capacity increases, the number of
aircraft exiting the Class B airspace will
also increase.
With the current Class B airspace
configuration, arriving aircraft routinely
enter, exit, and then reenter Class B
airspace while flying published
instrument approach procedures,
contrary to FAA directives. The
procedural requirements for establishing
aircraft on final to conduct
simultaneous approaches to the three
existing parallel runways has resulted in
aircraft exceeding the lateral boundaries
of the current Class B airspace by up to
5 to 10 miles during moderate levels of
air traffic. Modeling of existing traffic
flows has shown that the proposed
expanded Class B airspace would
enhance safety by containing all
instrument approach procedures and
associated traffic patterns within the
confines of Class B airspace, support
increased operations and capacity to the
current and planned parallel runways,
and better segregate the IFR aircraft
arriving/departing ORD and VFR aircraft
operating in the vicinity of the Chicago
Class B airspace. The proposed Class B
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airspace modifications described in this
NPRM are intended to address these
issues.
Pre-NPRM Public Input
In 2007, the FAA initiated action to
form an ad hoc committee to develop
recommendations for the FAA to
consider in designing a proposed
modification of the Chicago Class B
airspace area. Participants in the
committee included representatives
from the Illinois Department of
Transportation, the City of Chicago, the
Chicago Area Business Aviation
Association, the Aircraft Owners and
Pilots Association (AOPA), the National
Business Aviation Association, Inc.
(NBAA), the Cargo Airline Association
(CAA), the Helicopter Association
International (HAI), the United States
Parachute Association (USPA), airline
pilot groups, airlines, soaring clubs, and
local area airports, pilots, and fixed base
operators. Three ad-hoc committee
meetings were held on December 18,
2007; January 31, 2008; and April 9,
2008.
As announced in the Federal Register
(73 FR 44311 and 73 FR 51605), three
informal airspace meetings were held;
one each on September 23 and 25, 2008,
at the Chicago Executive Airport,
Wheeling, IL, and one on September 24,
2008, at the Chicago DuPage Airport,
West Chicago, IL. Two additional
informal airspace meetings were held,
as announced in the Federal Register
(73 FR 77867); one on February 23,
2009, at Lewis University, Romeoville,
IL; and one on February 26, 2009, at
Chicago DuPage Airport, West Chicago,
IL, to ensure all interested airspace
users were provided with an
opportunity to present their views and
offer suggestions regarding the planned
modification of the Chicago Class B
airspace area.
All substantive airspace
recommendations made by the ad hoc
committee and public comments
received as a result of the informal
airspace meetings were considered in
developing this proposal.
Discussion of Recommendations and
Comments
Ad hoc Committee Recommendations
The ad hoc committee recommended
the FAA reduce the size of the original
proposed Area E in order to provide
general aviation and glider communities
with additional airspace to operate
within. (The original proposed Area E
incorporated the airspace around the
existing Class B airspace area out to 30
nautical miles of the Chicago O’Hare
VHF omnidirectional range(VOR)/
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Distance Measuring Equipment (DME)
antenna, extending upward from 4,000
feet mean sea level (MSL) to and
including 10,000 feet MSL, excluding
Areas A, B, C, and D.) Specifically, the
committee recommended the airspace
extension to the west be limited and
designed to retain the existing Area F,
extending upward from 4,000 feet MSL
to 10,000 feet MSL, with the western
boundary extended to a uniform 25
nautical mile arc of the Chicago O’Hare
VOR/DME antenna. Additionally, the ad
hoc committee recommended a new
area be established to supplement Area
F, extending upward from 5,000 feet
MSL to 10,000 feet MSL, bordered on
the east and west by the 25 nautical
mile and 30 nautical mile arcs of the
Chicago O’Hare VOR/DME antenna,
respectively, and by a set of railroad
tracks and the Aurora Airport Class D
airspace on the north and south,
respectively. The FAA partially adopted
this recommendation. In lieu of
modifying one area of the Chicago Class
B airspace and establishing a second
area, with a different altitude floor, to
support the Class B airspace extension
required to the west, the FAA designed
one area by expanding the existing Area
F and retaining the 4,000 feet MSL floor
for the whole area. The expansion of
Area F will be limited to (1) extending
the western boundary of the current
Area F to a uniform 25 nautical mile arc
of the Chicago O’Hare VOR/DME
antenna and (2) further extending the
western boundary to include the
airspace between the 25 nautical mile
and 30 nautical mile arcs of the Chicago
O’Hare VOR/DME antenna between a
border defined from the intersection of
Interstate 90 and the 25 nautical mile
arc of the Chicago O’Hare VOR/DME
antenna, then due west to lat. 42°07′21″
N., long. 88°33′05″ W., on the 30
nautical mile arc of the Chicago O’Hare
VOR/DME antenna, to the north, and
Illinois State Route 10, to the south. The
FAA has determined that the need to
descend aircraft low enough for an
approach to all of the present and future
runways, while maintaining 1,000 feet
vertical separation between
simultaneous arrivals and departures,
requires that the lowest of the final
approach courses be at 4,000 feet MSL
between the 15 and 30 nautical mile
arcs of the Chicago O’Hare VOR/DME
antenna.
The ad hoc committee similarly
recommended the FAA reduce the size
of the original proposed Area E East of
ORD and design the airspace extension
as an area, extending upward from 5,000
feet MSL to 10,000 feet MSL, bordered
by the 25 nautical mile and 30 nautical
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mile arcs of the Chicago O’Hare VOR/
DME antenna between the 070° and
110° degree radials of the Chicago
O’Hare VOR/DME antenna. The FAA
partially adopted this recommendation.
The proposed Class B airspace
extension to the east (new Area E) is
designed to include the airspace,
extending upward from 4,000 feet MSL
to 10,000 feet MSL, from the 25 nautical
mile arc to the 30 nautical mile arc of
the Chicago O’Hare VOR/DME antenna
between latitude/longitude points that
lay along Federal airways V–100/V–526,
to the north, and latitude/longitude
points that lay along Federal airways V–
6/V–10, to the south. Again, the FAA
determined that the need to descend
aircraft low enough for an approach to
all of the present and future runways,
while maintaining 1,000 feet vertical
separation between simultaneous
arrivals and departures, requires that the
lowest of the final approach courses be
at 4,000 feet MSL between the 15 and
30 nautical mile arcs of the Chicago
O’Hare VOR/DME antenna.
The ad hoc committee also
recommended the FAA modify the
existing Area G to accommodate aircraft
flying the instrument landing system
approach to Runway 16 and circling to
Runway 34 at Chicago Executive Airport
without having to enter the Chicago
Class B airspace. Specifically, the
committee recommended expanding
Area G by moving the southern
boundary from the 6 nautical mile arc
of the Chicago O’Hare VOR/DME
antenna to the 5 nautical mile arc, with
the airspace segment extending upward
from 2,500 feet MSL to 10,000 feet MSL.
The FAA adopted this recommendation.
The proposed modifications to Area A
and Area G reflect this lateral boundary
movement and the associated vertical
airspace floor change from the existing
surface to the recommended 2,500 feet
MSL. These modifications will
accommodate the traffic pattern and
circling approach to Runway 34 at
Chicago Executive Airport.
Finally, the ad hoc committee
recommended the FAA not incorporate
the airspace originally established to
protect the, now-closed, Glenview Naval
Air Station (currently Area E of the ORD
Class B airspace area) into Area B of the
original proposed Class B airspace
modification. Inclusion of this airspace
into Area B as originally proposed
would lower the Class B airspace floor
in that area from 2,500 feet MSL to
1,900 feet MSL. The FAA adopted this
recommendation. The proposed Area H,
described in the Proposal section,
contains the airspace area boundary and
altitude descriptions recommended by
the ad hoc committee; thus, retaining
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the availability of the airspace below
Area H from the surface to 2,500 feet
MSL for VFR aircraft flying outside the
ORD Class B airspace area.
The ad hoc committee included two
additional recommendations in their
report, one addressing discreet
transponder codes for glider operations
and a second addressing a future ad hoc
committee being established when eastwest runway construction projects are
completed. These recommendations fall
outside the scope of this airspace
rulemaking action and accordingly, are
not addressed in this rulemaking action.
Informal Airspace Meeting Comments
As a result of the informal airspace
meetings, the FAA received written
comments from 89 commenters. Three
commenters concurred with the Chicago
Class B airspace proposal as it was
briefed at the informal airspace
meetings. Four commenters shared that
the proposed Class B airspace, in
general, was too large and unnecessary.
However, the majority of commenters
focused their attention on the proposed
Area F; although one commenter was in
favor of the proposed Area F design.
Sixty-seven comments were received
objecting to the amount of airspace to
the west (Area F) that is included within
the new Class B airspace proposal.
Twenty-one commenters requested that
the airspace to the west be reduced in
size laterally and/or vertically. They
specifically requested that Area F,
proposed with a base altitude of 4,000
feet MSL, be raised to either 5,000 feet
MSL or 6,000 feet MSL. The FAA has
determined that this is not achievable.
Aircraft conducting simultaneous
parallel approaches may not be assigned
the same altitude during turn-on to the
final approach course. Air Traffic
Control needs to turn aircraft on to
instrument approaches at 6,000, 7,000,
and 8,000 feet. It is not possible to turn
aircraft on to approaches at 5,000 feet
MSL because of satellite airport air
traffic to the other 52 airports within the
Chicago Terminal Radar Approach
Control Facility (TRACON) airspace.
Twenty-three commenters expressed
safety concerns due to traffic
compression between gliders, as well as
between gliders and general aviation
aircraft. To remain clear of the Chicago
Class B airspace VFR aircraft and gliders
would have to fly at lower altitudes or
fly further east or west of ORD. The
FAA partially agrees. For general
aviation and glider aircraft to remain
clear of the Chicago Class B airspace
areas, they would have to fly either
below or above the Class B airspace
extensions, or circumnavigate five to ten
nautical miles further east or west of
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ORD. However, these areas are
necessary to (1) retain IFR aircraft on
instrument approaches and departures
within the Chicago Class B airspace
area; and (2) ensure general aviation and
glider aircraft and the large turbinepowered aircraft conducting instrument
approaches to Chicago O’Hare are
segregated. Additionally, aircraft
conducting simultaneous, triple parallel
instrument and visual approaches to
ORD may not be assigned the same
altitude during turn-on to the final
approach course, resulting in aircraft
being assigned altitudes that will differ
by a minimum of 1,000 feet. In order to
contain these aircraft flying
simultaneous instrument approaches
within Class B airspace, and ensure
segregation from general aviation traffic,
the Chicago Class B airspace area must
be modified to establish the additional
extensions as proposed.
Three commenters contended that the
amount of airspace proposed to be
included in the Class B airspace to the
west could be reduced through changes
in procedures and airspace delegation
between the Chicago TRACON and
Chicago Air Route Traffic Control
Center (ARTCC). They suggested that
the Chicago ARTCC MALTS sector
boundary be moved to the north; that
the Rockford Federal airway V–100
traffic be moved to the north; and that
the Plano arrivals be forced down to
10,000 feet MSL or lower when in an
east flow. The FAA does not agree and
has determined that changing
procedures and/or airspace delegation
would not solve the problem at hand.
Implementation of these suggestions
would not enable Chicago TRACON to
contain aircraft within the boundaries of
the present day Class B airspace, nor
ensure segregation of IFR arrival aircraft
with the VFR aircraft and gliders
operating in the vicinity of the Chicago
Class B airspace.
Fifty-nine commenters raised
concerns for adverse impacts to glider
operations, echoing similar issues to
those mentioned above, as a result of the
proposed Class B airspace modifications
of Area F. The FAA partially agrees. The
airspace where Area F is proposed to be
established currently lies outside the
existing boundary of the Chicago Class
B airspace and it is understandable that
users of that airspace view the necessary
establishment of Class B airspace as an
encroachment. However, in the interest
of safety for all, the FAA has determined
that the Class B airspace extension to
the west of ORD is the only way to
ensure IFR aircraft arriving and
departing ORD are contained within
Class B airspace and IFR aircraft are
segregated from VFR aircraft and
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gliders, that may not be visible to or
communicating with Air Traffic Control,
that already are operating in that area.
The proposed Area F Class B airspace
extension has been limited in design to
include only the volume of airspace
necessary to contain IFR arrivals/
departures at ORD, segregate IFR and
VFR aircraft operations, and minimize
impacts to general aviation and glider
VFR operators. Additionally, the
proposed Area F was designed to ensure
it does not encompass or overlay the
airfields where the Sky Soaring Glider
Club (Hampshire, IL) and Windy City
Soaring Association (Hinckley, IL)
operations are located. The Chicago
Glider Club (Minooka, IL) lies well
south of any of the proposed Chicago
Class B airspace.
Four commenters suggested that the
western portion of the Class B airspace
be delegated to gliders through Letter of
Agreement/Letter of Authorization/
Notice to Airmen when Air Traffic
Control did not require it for their use.
The FAA finds these suggestions
untenable due to the regulatory nature
of Class B airspace and the requirement
for Air Traffic Control to provide
positive separation within it. Class B
airspace is established via rulemaking
and when it is established, the airspace
and regulatory requirements associated
with accessing and operating within it
are specific and in effect at all times.
Class B airspace cannot be modified or
delegated to the user community on an
ad hoc basis. Additionally, the
regulatory requirements for aircraft to
enter and operate within Class B
airspace may not be waived, modified,
or exempted by Letter of Agreement.
Three commenters thought that the
northern border of Area F should be
moved south to the railroad tracks in the
Hampshire, IL, area to establish a better
visual reference of the Class B airspace
for VFR aircraft. Another commenter
thought that the northern border of the
Area F extension should be moved to
Illinois State Route 72 for a visual
reference. The FAA finds both of these
suggestions impractical. The resultant
size of the Area F extension would be
insufficient to safely ensure separation
between aircraft flying in the runways
9L, 9R, and 10 traffic patterns and final
approach course. Additionally, issues
associated with an insufficient amount
of airspace would only be compounded
when the three additional planned
parallel runways become operational.
One commenter cited noise and safety
concerns for residents located below the
proposed Area F to the west of ORD.
The FAA does not agree. The proposed
modifications to the Chicago Class B
airspace will not change the location of
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existing flight tracks, use of altitudes, or
the number of aircraft being vectored for
approaches to ORD within the proposed
Area F airspace today. Moreover, the
FAA views the proposed Area F as
critical to overcoming the safety
ramifications associated with large
turbojet aircraft exiting the Class B
airspace, and consequently,
intermingling with general aviation and
glider aircraft not in contact with the
Chicago TRACON.
Three commenters expressed support
for establishing Global Positioning
Satellite (GPS) guidance or VOR DME
waypoints for VFR flyways underneath
the Chicago Class B airspace.
Specifically, one commenter requested
that there be three north-south VFR
routes west of ORD, a VFR route along
the shoreline, east-west transitions both
north and south of ORD, a VFR route
around Chicago Executive Airport, and
a route around Chicago Midway Airport.
A second commenter expressed a need
for a VFR flyway from Chicago
Executive Airport/Lakeshore to south
side airports in both directions. In
response, the FAA offers that VFR
flyways under and around the Class B
airspace similar to the those addressed
by the commenters already exist. The
VFR flyways are published on the
Chicago Charted VFR Flyway Planning
Chart on the reverse side of the Chicago
VFR Terminal Area Chart. The FAA
does note, however, that the existing
VFR flyways depicted on the Chicago
Charted VFR Flyway Planning Chart
will require minor adjustments in
recommended altitudes to accommodate
the proposed Class B airspace
modifications.
One commenter recommended that a
VFR flyway directly over the top of ORD
running north/south at 8,000, 9,000, or
10,000 feet MSL using GPS or VOR/
DME waypoints should be established.
The FAA does not agree. On a daily
basis, roughly 10 aircraft an hour for 13
to 15 hours a day (130 to 150 flights per
day on average) are routed over the top
of ORD at altitudes between 8,000 feet
MSL and 11,000 feet MSL in order to
utilize a preferred runway. The use of a
preferred runway is normally based on
the need for a longer runway, but can
also be required for runway balancing.
Additionally, departures at Chicago
Midway International Airport (MDW)
that are northbound transition over the
top of ORD between 6,000 feet MSL and
11,000 feet MSL, climbing to 13,000 feet
MSL, and departures at Aurora (ARR)
and DuPage (DPA) Airports heading east
and then northbound also transition
through this same airspace. Aircraft at
MDW, ARR, and DPA are typically
corporate business jets and, depending
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on runway configuration(s) and
destinations, account for an additional
estimated 40 to 50 aircraft per day.
A number of comments were received
regarding the proposed modification to
the Class B airspace (Area E) to the east
of ORD. Ten commenters felt the size of
the proposed area to the east was
excessive, not needed by the Chicago
TRACON, and objected to this aspect of
the proposal. Five other commenters
specifically questioned the need for the
additional airspace supporting Runway
22 operations; requesting the size of the
area be reduced. The FAA agrees with
these commenters. The original
proposal for Area E incorporated the
airspace east of ORD from the 25
nautical mile arc to the 30 nautical mile
arc of the Chicago O’Hare VOR/DME
antenna, extending upward from 4,000
feet MSL to and including 10,000 feet
MSL, from the shoreline north of ORD
to the shoreline southeast of ORD. The
FAA has determined the size of Area E
could be reduced to the dimensions
listed in the Proposal section below.
Two commenters further stated that
traffic landing on Runway 28 could be
vectored on to the localizer at 4,000 feet
MSL inside the 25 nautical mile arc of
the Chicago O’Hare VOR/DME antenna,
which would allow the floor of Area F
to be raised between the 25 nautical
mile and 30 nautical mile arcs. The FAA
does not agree. There are simply too
many aircraft to contain them all within
the 25 nautical mile arc of the Chicago
O’Hare VOR/DME antenna. Simply put,
ORD and its associated operations has
outgrown the present day Class B
airspace established in 1993.
The FAA also received some general
comments regarding the Chicago Class B
airspace. Two commenters suggested
lowering the ceiling of the Class B
airspace, citing other Class B airspace
areas in the country with lower ceilings.
The FAA does not agree. Class B
airspace designs are specific to locations
based on varying local area operational
requirements and aviation needs. To
advocate one standard Class B airspace
design for all major airports with high
density air traffic operations does not
recognize those differences in the local
area operational requirements or
aviation needs and could result in
airspace being incorporated
unnecessarily at some locations
(impacting free navigable airspace) or
not enough airspace being incorporated
at other locations (causing unacceptable
aviation safety risks). This suggestion
also would not be suitable in Chicago’s
case as the higher altitudes of the
Chicago Class B airspace are currently
used to accommodate the large volume
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of aircraft arriving and departing the
area.
Four commenters expressed concern
that the proposal would increase the
risk of Class B airspace violations. The
FAA does not agree. The legal
description of the proposed Class B
airspace includes prominent visual
references, latitude/longitude
coordinates, and arcs of the Chicago
O’Hare VOR/DME antenna. The FAA
believes that this mix of descriptors
effectively assists pilots in identifying
the lateral boundaries of the Class B
airspace.
Two commenters stated that the
proposal would have an economic
impact on general aviation traffic due to
increased fuel burn. The FAA partially
agrees with this comment. Although
some aircraft would need to fly added
distances or different altitudes to remain
clear of the Class B airspace, the FAA
believes any increase in fuel burn would
be nominal.
Finally, two commenters thought that
inadequate information was given to the
ad hoc committee in order for them to
accurately evaluate the proposal and
recommended that the entire Class B
process begin over again. They also
requested that after all runway
construction projects are completed at
ORD, the ad hoc committee be
reestablished. The FAA does not agree.
Three ad hoc committee meetings were
held to identify, discuss, and develop
recommendations for the FAA to
consider with respect to modifying the
Chicago Class B airspace. The ad hoc
committee provided the FAA a
memorandum that addressed four
specific recommendations for
consideration in the development of the
Chicago Class B airspace modification
proposal, which are incorporated into
the proposal. Additionally, five informal
airspace meetings were held to inform
interested aviation users of the proposed
airspace changes and to gather facts and
information relevant to the proposed
action. Furthermore, this NPRM
provides users with a 60-day comment
period to submit comments or
recommendations on the proposal. All
comments received as a result of this
NPRM will be fully considered, and
may result in changes to the proposed
action, before the FAA makes a final
determination. The FAA believes that
re-initiating the Class B process, after it
has been in progress since December of
2008, would be to ignore the safety
ramifications associated with the
inability to contain large turbojet aircraft
operations within the existing Chicago
Class B airspace, and consequently,
their intermingling with VFR aircraft
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that are not in contact with the Chicago
TRACON.
The Proposal
The FAA is proposing an amendment
to Title 14 of the Code of Federal
Regulations (14 CFR) part 71 to modify
the Chicago Class B airspace area. This
action (depicted on the attached chart)
is proposed to make minor
modifications to the existing Chicago
Class B airspace and to establish two
new airspace extensions (the first, a new
Area E, to the east and the second,
expanding existing Area F, to the west)
to the current Chicago Class B airspace
area in order to provide airspace needed
to contain aircraft conducting
instrument and visual approach
operations within the confines of Class
B airspace. Additionally, the proposed
modifications would better segregate the
IFR aircraft arriving/departing ORD and
the VFR aircraft operating in the vicinity
of the Chicago Class B airspace. The
current Chicago Class B airspace area
consists of seven subareas (A through G)
while the proposed configuration would
consist of eight subareas (A through H).
The proposed revisions to the Chicago
Class B airspace area are discussed
below.
Area A. The FAA proposes to modify
the northern boundary of Area A by
incorporating the airspace east of U.S.
Highway 12 between the 6 nautical mile
and 5 nautical mile arcs of the Chicago
O’Hare VOR/DME antenna, from 2,500
feet MSL to and including 10,000 feet
MSL, as part of Area G. The airspace
east of U.S. Highway 12 between the 6
nautical mile and 5 nautical mile arcs of
the Chicago O’Hare VOR/DME antenna,
below 2,500 feet MSL, would be
returned to the NAS. This modification
of Area A, as described, would raise the
floor of the Class B airspace in the
affected segment from the surface to
2,500 feet MSL. This proposed
modification, as recommended by the
ad hoc committee and adopted by the
FAA, would provide additional airspace
to accommodate aircraft on the
downwind traffic pattern and circling
approaches to Runway 34 at Chicago
Executive Airport, without entering
Chicago Class B airspace.
Area B. The FAA proposes to modify
Area B by defining its northeast
boundary using the railroad tracks that
run from U.S. Highway 294 to Willow
Road (slightly east of the existing Area
B, Area C, and current Area E shared
boundary) and expanding Area B to
incorporate a portion of existing Class B
airspace that is contained in the current
Area E. Specifically, the modification
would expand Area B to incorporate the
airspace contained east of the railroad
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27233
tracks and south of Willow Road within
the current Area E, and lower the floor
of that affected airspace from the current
2,500 feet MSL to 1,900 feet MSL. This
modification of Area B, as described,
would raise the floor of the Class B
airspace west of the railroad tracks to
the existing shared boundary noted
above to 3,000 feet MSL, but lower the
floor of the Class B airspace in the
affected segment of the current Area E
by 600 feet to 1,900 feet MSL. This
proposed modification of Area B would
incorporate only that airspace deemed
necessary from the current Area E to
ensure IFR arrival aircraft flying
instrument approaches to ORD Runway
22R are contained within the confines of
Class B airspace throughout the
approach, and ensure segregation of IFR
arrival aircraft from VFR aircraft flying
near the boundary of Class B airspace.
Additionally, this proposed
modification would better define the
northeast boundary of Area B using
visual references for pilots flying in the
vicinity of Chicago Class B airspace.
Area C. Area C would expand into
existing Class B airspace, incorporating
portions of Area B and Area H
commensurately. As proposed in Areas
B and H, the new shared boundary
would follow the railroad tracks that
run northeast from U.S. Highway 294 to
the 10 nautical mile arc of the Chicago
O’Hare VOR/DME antenna. Other than
re-defining the shared boundary of
Areas B, C, and H using visual
references for pilots flying in the
vicinity of the Chicago Class B airspace,
there is no effect to IFR or VFR aircraft
operations from this resultant
modification of existing Class B
airspace.
Area D. The FAA is not proposing to
modify Area D.
Area E. The FAA proposes to
establish a new Area E to the east of
ORD. This modification would extend
Class B airspace from the existing Area
D boundary defined by the 25 nautical
mile arc of the Chicago O’Hare VOR/
DME antenna to the 30 nautical arc of
the Chicago O’Hare VOR/DME antenna.
The northern boundary would be
defined by latitude/longitude points
that lay along Federal airways V–100/V–
526, and the southern boundary would
be defined by latitude/longitude points
that lay along Federal airways V–6/V–
10. This new area would extend upward
from 4,000 feet MSL to and including a
ceiling of 10,000 feet MSL, overlying
Lake Michigan. The FAA has
determined that the need to descend
aircraft low enough for an approach to
all present and future runways, while
maintaining 1,000 feet vertical
separation between simultaneous
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arrivals and departures, requires that the
lowest of the final approach courses be
at 4,000 feet MSL between the 15 and
30 nautical mile arcs of the Chicago
O’Hare VOR/DME antennas. This new
area would ensure IFR arrival aircraft
flying simultaneous visual and
instrument approaches to the existing
runways 27R, 27L, and 28, as well as
three additional parallel runways
planned for the future, are contained
within the confines of Class B airspace
throughout the approach. This proposed
new area would also ensure segregation
of IFR aircraft arriving ORD and VFR
aircraft operating in the vicinity of the
Chicago Class B airspace, yet provide
navigable airspace below and above
Class B airspace for VFR aircraft.
Area F. The FAA proposes to expand
Area F to the west of ORD. This
proposed modification would (1) extend
the western boundary of the current
Area F to a uniform 25 nautical mile arc
of the Chicago O’Hare VOR/DME
antenna and (2) further extend the
western boundary to include the
airspace between the 25 nautical mile
and 30 nautical mile arcs of the Chicago
O’Hare VOR/DME antenna between a
border defined from the intersection of
Interstate 90 and the 25 nautical mile
arc of the Chicago O’Hare VOR/DME
antenna, then due west to lat.
42°07′21″N., long. 88°33′05″W., on the
30 nautical mile arc of the Chicago
O’Hare VOR/DME antenna, to the north,
and Illinois State Route 10, to the south.
This new Area F would be established
with the floor extending upward from
4,000 feet MSL to and including 10,000
feet MSL. The FAA has determined that
the need to descend aircraft low enough
for an approach to all of the present and
future runways, while maintaining
1,000 feet vertical separation between
simultaneous arrivals and departures,
requires that the lowest of the final
approach courses be at 4,000 feet MSL
between the 15 and 30 nautical mile
arcs of the Chicago O’Hare VOR/DME
antenna. This new area would ensure
IFR arrival aircraft flying simultaneous
visual and instrument approaches to the
existing Runways 9L, 9R, and 10, as
well as three additional parallel
runways planned for the future, are
contained within the confines of Class
B airspace throughout the approach.
This proposed new area would also
ensure segregation of IFR aircraft
arriving ORD and VFR aircraft and
gliders operating in the vicinity of the
Chicago Class B airspace, yet provide
navigable airspace below and above
Class B airspace for VFR aircraft
operations.
Area G. The FAA proposes to modify
the southern boundary of Area G by
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incorporating the airspace contained in
Area A that lies east of U.S. Highway 12
between the 6 nautical mile and 5
nautical mile arcs of the Chicago O’Hare
VOR/DME antenna, extending upward
from 2,500 feet MSL to and including
10,000 feet MSL. The modification of
Area G, as described, would raise the
floor of Class B airspace in the affected
segment from the surface to 2,500 feet
MSL. This proposed modification, as
recommended by the ad hoc committee
and adopted by the FAA, would provide
additional airspace to accommodate
aircraft on the downwind traffic pattern
and circling approaches to Runway 34
at Chicago Executive Airport, without
entering the Chicago Class B airspace.
Area H. The FAA proposes to
establish Area H from the existing
northern portion of the current Area E.
The proposed Area H would be
bordered by the 10 nautical mile arc of
the Chicago O’Hare VOR/DME antenna
on the east, Willow Road on the south,
and the railroad tracks (located slightly
east of the existing Area B, Area C, and
Area E shared boundary) that run from
U.S. Highway 294 to the 10 nautical
mile arc of the Chicago O’Hare VOR/
DME antenna on the west. This new
area would be established with the floor
extending upward from 2,500 feet MSL
to and including 10,000 feet MSL.
These modifications to the Chicago
Class B airspace are being proposed to
ensure the containment of IFR aircraft
operations within Class B airspace as
required by FAA directives, the
segregation of IFR aircraft arriving/
departing ORD and VFR aircraft
operating in the vicinity of the Chicago
Class B airspace, and support the
aircraft arrival/departure operations of
three parallel runways, planned to be
expanded to six parallel runways,
performing simultaneous visual and
instrument approaches.
Class B airspace areas are published
in paragraph 3000 of FAA Order
7400.9T, Airspace Designations and
Reporting Points, dated August 27,
2009, and effective September 15, 2009,
which is incorporated by reference in 14
CFR section 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 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 (Pub. L. 96–354) requires
agencies to analyze the economic
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Fmt 4702
Sfmt 4702
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
United States 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 would enhance
safety by containing all instrument
approach procedures and associated
traffic patters within the confines of
Class B airspace. The requirements
would support increased operations and
capacity to the current and planned
parallel runways while better
segregating IRF aircraft that would be
operating in the affected airspace.
After consultation with a diverse
cross-section of stakeholders that
participated in the ad hoc committee to
develop the recommendations
contained in this proposal, and a review
of the recommendations and comments,
the FAA expects that this proposed rule
would result in minimal cost. We are
aware that the proposal might require
small adjustments to existing VFR
flyway planning charts, but the
additional cost would be minimal. Also,
the proposed rule could also have an
affect on general aviation due to
increased fuel consumption from flying
different distances or altitudes to remain
safely outside of Class B airspace.
Although we expect operators might
consume more fuel on some flights, we
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estimate the additional fuel cost would
be minimal.
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Initial 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-forprofit 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 proposal would
not have a significant economic impact
on a substantial number of small entities
as the economic impact is expected to
be minimal. We request comments from
the potentially affected small
businesses.
Therefore, the FAA certifies 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
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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
United States standards. The FAA has
assessed the potential effect of this
proposed rule and determined that it
would enhance safety and is not
considered an unnecessary obstacle to
trade.
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.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995
(44 U.S.C. 3507(d)) requires that the
FAA consider the impact of paperwork
and other information collection
burdens imposed on the public. We
have determined that there is no new
information collection requirement
associated with this proposed rule.
Conclusion
This NPRM would enhance safety,
reduce the potential for a midair
collision in the Chicago terminal area,
and would improve the flow of air
traffic. As such, we estimate a minimal
impact with substantial positive net
benefits. The FAA requests comments
with supporting justification about the
FAA determination of minimal impact.
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.
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
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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
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 Federal Aviation
Administration Order 7400.9T, Airspace
Designations and Reporting Points,
dated August 27, 2009, and effective
September 15, 2009, is amended as
follows:
Paragraph 3000
Airspace
Subpart B–Class B
*
*
*
*
*
AGL IL B Chicago, IL [Modified]
Chicago O’Hare International Airport
(Primary Airport)
(Lat. 41°58′46″ N., long. 87°54′16″ W.)
Chicago Midway Airport
(Lat. 41°47′10″ N., long. 87°45′08″ W.)
Chicago O’Hare VOR/DME
(Lat. 41°59′16″ N., long. 87°54′17″ W.)
Boundaries.
Area A. That airspace extending upward
from the surface to and including 10,000 feet
MSL within an area bounded by a line
beginning at lat. 42°04′10″ N., long. 87°55′31″
W.; thence clockwise along the 5 nautical
mile arc of the Chicago O’Hare VOR/DME to
lat. 41°59′15″ N., long. 87°47′35″ W.; thence
east to lat. 41°59′15″ N., long. 87°46′15″ W.;
thence clockwise along the 6 nautical mile
arc of the Chicago O’Hare VOR/DME to
Interstate Highway 290 (lat. 41°57′12″ N.,
long. 88°01′ 56″ W.); thence north along
Interstate Highway 290 to the 6 nautical mile
arc of the Chicago O’Hare VOR/DME (lat.
42°01′20″ N., long. 88°01′51″ W.); thence
clockwise along the 6 nautical mile arc of the
Chicago O’Hare VOR/DME to U.S. Highway
12 (lat. 42°05′03″ N., long. 87°56′26″ W.);
thence southeast along U.S. Highway 12 to
the point of beginning.
Area B. That airspace extending upward
from 1,900 feet MSL to and including 10,000
feet MSL within an area bounded by a line
beginning at the intersection of U.S. Highway
294 and railroad tracks at lat. 42°03′48″ N.,
long. 87°52′03″ W.; thence northeast along
the railroad tracks to Willow Road (lat.
42°06′20″ N., long. 87°49′38″ W.); thence east
along Willow Road to the 10 nautical mile
arc of the Chicago O’Hare VOR/DME (lat.
42°06′04″ N., long. 87°44′28″ W.); thence
clockwise along the 10 nautical mile arc of
the Chicago O’Hare VOR/DME to the 5
nautical mile radius of Chicago Midway
Airport (lat. 41°49′34″ N., long. 87°51′00″
W.); thence counterclockwise along the 5
nautical mile radius of the Chicago Midway
Airport to the 10.5 nautical mile arc of the
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Chicago O’Hare VOR/DME (lat. 41°48′59″ N.,
long. 87°51′22″ W.); thence clockwise along
the 10.5 nautical mile arc of the Chicago
O’Hare VOR/DME to the 10 nautical mile
radius of the Chicago Midway Airport (lat.
41°49′11″ N., long. 87°58′14″ W.); thence
clockwise along the 10 nautical mile radius
of Chicago Midway Airport to the 10 nautical
mile arc of the Chicago O’Hare VOR/DME
(lat. 41°49′40″ N., long. 87°58′05″ W.); thence
clockwise along the 10 nautical mile arc of
the Chicago O’Hare VOR/DME to U.S.
Highway 12 (lat. 42°08′02″ N., long.
88°00′44″ W.); thence southeast along U.S.
Highway 12 to the 5 mile arc of the Chicago
O’Hare VOR/DME (lat. 42°04′10″ N., long.
87°55′31″ W.); thence clockwise along the 5
nautical mile arc of the Chicago O’Hare VOR/
DME to the point of beginning, excluding
that airspace designated as Area A.
Area C. That airspace extending upward
from 3,000 feet MSL to and including 10,000
feet MSL within an area bounded by the 15
nautical mile arc of the Chicago O’Hare VOR/
DME, excluding that airspace designated as
Area A, Area B, Area G, and Area H.
Area D. That airspace extending upward
from 3,600 feet MSL to and including 10,000
feet MSL within an area bounded by a line
beginning at lat. 42°07′52″ N., long. 88°10′47″
W.; thence northwest to the 25 nautical mile
arc of the Chicago O’Hare VOR/DME (lat.
42°15′40″ N., long. 88°19′39″ W.); thence
clockwise along the 25 nautical mile arc of
the Chicago O’Hare VOR/DME to lat.
41°42′03″ N., long. 88°18′34″ W.; thence
northeast to the 15 nautical mile arc of the
Chicago O’Hare VOR/DME (lat. 41°49′53″ N.,
long. 88°09′59″ W.); thence clockwise along
the 15 nautical mile arc of the Chicago
O’Hare VOR/DME to the point of beginning,
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excluding that airspace designated as Area A,
Area B, Area C, Area G, and Area H.
Area E. That airspace extending upward
from 4,000 feet MSL to and including 10,000
feet MSL within an area bounded by a line
beginning at lat. 42°11′11″ N., long. 87°24′46″
W.; thence east to the 30 nautical mile arc of
the Chicago O’Hare VOR/DME (lat. 42°10′39″
N., long. 87°17′01″ W.); thence clockwise
along the 30 nautical mile arc of the Chicago
O’Hare VOR/DME to lat. 41°46′38″ N., long.
87°17′51″ W.; thence west to the 25 nautical
mile arc of the Chicago O’Hare VOR/DME
(lat. 41°46′40″ N., long. 87°25′22″ W.); thence
counterclockwise along the 25 nautical mile
arc of the Chicago O’Hare VOR/DME to the
point of beginning.
Area F. That airspace extending upward
from 4,000 feet MSL to and including 10,000
feet MSL within an area bounded by a line
beginning at lat. 42°07′52″ N., long. 88°10′47″
W.; thence northwest to the 25 nautical mile
arc of the Chicago O’Hare VOR/DME (lat.
42°15′40″ N., long. 88°19′39″ W.); thence
counterclockwise along the 25 nautical mile
arc of the Chicago O’Hare VOR/DME to
Interstate 90 (lat. 42°07′22″ N., long.
88°26′01″ W.); thence west to the 30 nautical
mile arc of the Chicago O’Hare VOR/DME
(lat. 42°07′21″ N., long. 88°33′05″ W.); thence
counterclockwise along the 30 nautical mile
arc of the Chicago O’Hare VOR/DME to
Illinois State Route 10 (lat. 41°49′49″ N.,
long. 88°32′27″ W.); thence east along Illinois
State Route 10 to the 25 nautical mile arc of
the Chicago O’Hare VOR/DME (lat. 41°50′40″
N., long. 88°25′44″ W.); thence
counterclockwise along the 25 nautical mile
arc of the Chicago O’Hare VOR/DME to lat.
41°42′03″ N., long. 88°18′34″ W.; thence
northeast to the 15 nautical mile arc of the
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Chicago O’Hare VOR/DME (lat. 41°49′53″ N.,
long. 88°09′59″ W.); thence clockwise along
the 15 nautical mile arc of the Chicago
O’Hare VOR/DME to the point of beginning.
Area G. That airspace extending upward
from 2,500 feet MSL to and including 10,000
feet MSL within an area bounded by a line
beginning at lat. 42°04′14″ N., long. 87°54′56″
W.; thence northwest to the 10 nautical mile
arc of the Chicago O’Hare VOR/DME (lat.
42°09′00″ N., long. 87°57′22″ W.); thence
counterclockwise along the 10 nautical mile
arc of the Chicago O’Hare VOR/DME to U.S.
Highway 12 (lat. 42°08′02″ N., long.
88°00′44″ W.); thence southeast along U.S.
Highway 12 to the 5 nautical mile arc of the
Chicago O’Hare VOR/DME (lat. 42°04′10″ N.,
long. 87°55′31″ W.); thence clockwise along
the 5 nautical mile arc of the Chicago O’Hare
VOR/DME to the point of beginning.
Area H. That airspace extending upward
from 2,500 feet MSL to and including 10,000
feet MSL within an area bounded by a line
beginning at the intersection of Willow Road
and railroad tracks at lat. 42°06′20″ N., long.
87°49′38″ W.; thence northeast along the
railroad tracks to the 10 nautical mile arc of
the Chicago O’Hare VOR/DME (lat. 42°08′06″
N., long. 87°48′02″ W.); thence clockwise
along the 10 nautical mile arc of the Chicago
O’Hare VOR/DME to Willow Road (lat.
42°06′04″ N., long. 87°44′28″ W.); thence
west along Willow Road to the point of
beginning.
Issued in Washington, DC, on May 6, 2010.
Edith V. Parish,
Manager, Airspace and Rules Group.
BILLING CODE P
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BILLING CODE C
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
29 CFR Part 1910
[Docket No. OSHA–2007–0080]
RIN: 1218–AC34
Regulatory Flexibility Act Review of
the Bloodborne Pathogens Standard
emcdonald on DSK2BSOYB1PROD with PROPOSALS
AGENCY: Occupational Safety and Health
Administration, Labor.
ACTION: Request for comments.
SUMMARY: The Occupational Safety and
Health Administration (OSHA) is
conducting a review of its Bloodborne
Pathogens Standard (29 CFR 1910.1030)
under Section 610 of the Regulatory
Flexibility Act and Section 5 of
Executive Order 12866 on Regulatory
Planning and Review. OSHA conducts
its review pursuant to Section 610 of the
Regulatory Flexibility Act, 5 U.S.C. 610,
and Section 5 of Executive Order (EO)
12866. Section 610 directs agencies to
review impacts of regulations on small
VerDate Mar<15>2010
19:01 May 13, 2010
Jkt 220001
businesses by examining: the continued
need for the rule; the nature of
complaints or comments received
concerning the rule from the public; the
complexity of the rule; the extent to
which the rule overlaps, duplicates or
conflicts with other Federal rules, and,
to the extent feasible, with State and
local governmental rules; and the length
of time since the rule has been
evaluated or the degree to which
technology, economic conditions, or
other factors have changed in the area
affected by the rule. The EO requires
agencies to determine whether their
regulations ‘‘should be modified or
eliminated so as to make the Agency’s
regulatory program more effective in
achieving the regulatory objectives, less
burdensome, or in greater alignment
with the President’s priorities and
principles set forth in th[e] Executive
Order.’’ Written comments on these and
other relevant issues are welcome.
DATES: Written comments to OSHA
must be sent or postmarked by August
12, 2010.
ADDRESSES: You may submit comments
by any of the following methods:
Electronically: You may submit
comments and attachments
electronically at https://
www.regulations.gov, which is the
PO 00000
Frm 00013
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27237
Federal eRulemaking Portal. Follow the
instructions on-line for making
electronic submissions;
Fax: If your submissions, including
attachments, are not longer than 10
pages, you may fax them to the OSHA
Docket Office at (202) 693–1648; or
Mail, hand delivery, express mail,
messenger and courier service: You
must submit three copies of your
comments and attachments to the OSHA
Docket Office, Docket No. OSHA–2007–
0080, U.S. Department of Labor, Room
N–2625, 200 Constitution Avenue, NW.,
Washington, DC 20210. Deliveries
(hand, express mail, messenger and
courier service) are accepted during the
Department of Labor’s and Docket
Office’s normal business hours, 8:15
a.m.–4:45 p.m., e.t.
Instructions: All submissions must
include the Agency name and the OSHA
docket number for this rulemaking
(OSHA–2007–0080). Submissions are
placed in the public docket without
change and may be available online
https://www.regulations.gov. OSHA
cautions you about submitting personal
information such as social security
numbers and birth dates.
Docket: To read or download
submissions or other material in the
docket, go to https://www.regulations.gov
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Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Proposed Rules
Agencies
[Federal Register Volume 75, Number 93 (Friday, May 14, 2010)]
[Proposed Rules]
[Pages 27229-27237]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-11499]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2010-0347; Airspace Docket No. 07-AWA-2 RIN 2120-AA66]
Proposed Modification of Class B Airspace; Chicago, IL
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: This action proposes to modify the Chicago, IL, Class B
airspace area by expanding the existing airspace to ensure containment
of Instrument Flight Rules (IFR) aircraft conducting instrument
approach procedures within Class B airspace, and segregating IFR
aircraft at Chicago O'Hare International Airport (ORD) and Visual
Flight Rules (VFR) aircraft operating in the vicinity of Chicago Class
B airspace. Additional Class B airspace would support operations to
ORD's triple parallel runways and three additional parallel runways
planned for the near future. This action would enhance safety, improve
the flow of air traffic, and reduce the potential for midair collision
in the Chicago terminal area, further supporting the FAA's national
airspace redesign goal of optimizing terminal and en route airspace
areas to reduce aircraft delays and improve system capacity.
DATES: Comments must be received on or before July 13, 2010.
ADDRESSES: Send comments on this proposal to the United States (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-2010-0347 and Airspace Docket No. 07-AWA-2 at the beginning of your
comments. You may also submit comments through the Internet at https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Colby Abbott, Airspace and Rules
Group, Office of System Operations Airspace and AIM, 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-2010-0347 and Airspace Docket No. 07-AWA-2) 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 https://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-2010-0347 and Airspace Docket No. 07-AWA-2.'' 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 https://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at https://www.faa.gov/air_traffic/publications/airspace_amendments/.
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
a.m. and 5 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
In 1970, the FAA issued a final rule (35 FR 8880) which established
the Chicago, Ill., Terminal Control Area to replace the Chicago, Ill.,
control zone. As a result of the Airspace Reclassification final rule
(56 FR 65638), which became effective in 1993, the terms ``terminal
control area'' and ``airport radar service area'' were replaced by
``Class B airspace area,'' and ``Class C airspace area,'' respectively.
The primary purpose of a Class B airspace area is to reduce the
potential for midair collisions in the airspace surrounding airports
with high density air traffic operations by providing an
[[Page 27230]]
area in which all aircraft are subject to certain operating rules and
equipment requirements.
The present day Chicago Class B airspace has remained unchanged
since being established in 1993 by the Airspace Reclassification final
rule noted above. During that period, ORD has experienced increased
traffic levels, a considerably different fleet mix, and airport
infrastructure improvements enabling simultaneous instrument approach
procedures to three parallel runways. For calendar year 2008, ORD was
ranked number 2 in the list of the ``50 Busiest FAA Airport Traffic
Control Towers,'' with 882,807 aircraft operations, and number 6 in the
list of the ``50 Busiest Radar Approach Control Facilities,'' with
1,270,825 instrument operations. Additionally, the calendar year 2008
passenger enplanement data ranked ORD as number 2 among Commercial
Service Airports with 33,683,991 passenger enplanements.
In recent years, the City of Chicago has undertaken construction
projects to convert ORD to a primarily east/west operating airport.
Ongoing construction projects include three additional parallel runways
planned to supplement the existing three parallel Runways 9L/27R, 9R/
27L, and 10/28. The FAA has determined that it is not possible to
modify existing procedures to contain arrival aircraft conducting
simultaneous instrument approaches to the existing parallel runways
within the Chicago Class B airspace area. As the planned runways become
operational and capacity increases, the number of aircraft exiting the
Class B airspace will also increase.
With the current Class B airspace configuration, arriving aircraft
routinely enter, exit, and then reenter Class B airspace while flying
published instrument approach procedures, contrary to FAA directives.
The procedural requirements for establishing aircraft on final to
conduct simultaneous approaches to the three existing parallel runways
has resulted in aircraft exceeding the lateral boundaries of the
current Class B airspace by up to 5 to 10 miles during moderate levels
of air traffic. Modeling of existing traffic flows has shown that the
proposed expanded Class B airspace would enhance safety by containing
all instrument approach procedures and associated traffic patterns
within the confines of Class B airspace, support increased operations
and capacity to the current and planned parallel runways, and better
segregate the IFR aircraft arriving/departing ORD and VFR aircraft
operating in the vicinity of the Chicago Class B airspace. The proposed
Class B airspace modifications described in this NPRM are intended to
address these issues.
Pre-NPRM Public Input
In 2007, the FAA initiated action to form an ad hoc committee to
develop recommendations for the FAA to consider in designing a proposed
modification of the Chicago Class B airspace area. Participants in the
committee included representatives from the Illinois Department of
Transportation, the City of Chicago, the Chicago Area Business Aviation
Association, the Aircraft Owners and Pilots Association (AOPA), the
National Business Aviation Association, Inc. (NBAA), the Cargo Airline
Association (CAA), the Helicopter Association International (HAI), the
United States Parachute Association (USPA), airline pilot groups,
airlines, soaring clubs, and local area airports, pilots, and fixed
base operators. Three ad-hoc committee meetings were held on December
18, 2007; January 31, 2008; and April 9, 2008.
As announced in the Federal Register (73 FR 44311 and 73 FR 51605),
three informal airspace meetings were held; one each on September 23
and 25, 2008, at the Chicago Executive Airport, Wheeling, IL, and one
on September 24, 2008, at the Chicago DuPage Airport, West Chicago, IL.
Two additional informal airspace meetings were held, as announced in
the Federal Register (73 FR 77867); one on February 23, 2009, at Lewis
University, Romeoville, IL; and one on February 26, 2009, at Chicago
DuPage Airport, West Chicago, IL, to ensure all interested airspace
users were provided with an opportunity to present their views and
offer suggestions regarding the planned modification of the Chicago
Class B airspace area.
All substantive airspace recommendations made by the ad hoc
committee and public comments received as a result of the informal
airspace meetings were considered in developing this proposal.
Discussion of Recommendations and Comments
Ad hoc Committee Recommendations
The ad hoc committee recommended the FAA reduce the size of the
original proposed Area E in order to provide general aviation and
glider communities with additional airspace to operate within. (The
original proposed Area E incorporated the airspace around the existing
Class B airspace area out to 30 nautical miles of the Chicago O'Hare
VHF omnidirectional range(VOR)/Distance Measuring Equipment (DME)
antenna, extending upward from 4,000 feet mean sea level (MSL) to and
including 10,000 feet MSL, excluding Areas A, B, C, and D.)
Specifically, the committee recommended the airspace extension to the
west be limited and designed to retain the existing Area F, extending
upward from 4,000 feet MSL to 10,000 feet MSL, with the western
boundary extended to a uniform 25 nautical mile arc of the Chicago
O'Hare VOR/DME antenna. Additionally, the ad hoc committee recommended
a new area be established to supplement Area F, extending upward from
5,000 feet MSL to 10,000 feet MSL, bordered on the east and west by the
25 nautical mile and 30 nautical mile arcs of the Chicago O'Hare VOR/
DME antenna, respectively, and by a set of railroad tracks and the
Aurora Airport Class D airspace on the north and south, respectively.
The FAA partially adopted this recommendation. In lieu of modifying one
area of the Chicago Class B airspace and establishing a second area,
with a different altitude floor, to support the Class B airspace
extension required to the west, the FAA designed one area by expanding
the existing Area F and retaining the 4,000 feet MSL floor for the
whole area. The expansion of Area F will be limited to (1) extending
the western boundary of the current Area F to a uniform 25 nautical
mile arc of the Chicago O'Hare VOR/DME antenna and (2) further
extending the western boundary to include the airspace between the 25
nautical mile and 30 nautical mile arcs of the Chicago O'Hare VOR/DME
antenna between a border defined from the intersection of Interstate 90
and the 25 nautical mile arc of the Chicago O'Hare VOR/DME antenna,
then due west to lat. 42[deg]07'21'' N., long. 88[deg]33'05'' W., on
the 30 nautical mile arc of the Chicago O'Hare VOR/DME antenna, to the
north, and Illinois State Route 10, to the south. The FAA has
determined that the need to descend aircraft low enough for an approach
to all of the present and future runways, while maintaining 1,000 feet
vertical separation between simultaneous arrivals and departures,
requires that the lowest of the final approach courses be at 4,000 feet
MSL between the 15 and 30 nautical mile arcs of the Chicago O'Hare VOR/
DME antenna.
The ad hoc committee similarly recommended the FAA reduce the size
of the original proposed Area E East of ORD and design the airspace
extension as an area, extending upward from 5,000 feet MSL to 10,000
feet MSL, bordered by the 25 nautical mile and 30 nautical
[[Page 27231]]
mile arcs of the Chicago O'Hare VOR/DME antenna between the 070[deg]
and 110[deg] degree radials of the Chicago O'Hare VOR/DME antenna. The
FAA partially adopted this recommendation. The proposed Class B
airspace extension to the east (new Area E) is designed to include the
airspace, extending upward from 4,000 feet MSL to 10,000 feet MSL, from
the 25 nautical mile arc to the 30 nautical mile arc of the Chicago
O'Hare VOR/DME antenna between latitude/longitude points that lay along
Federal airways V-100/V-526, to the north, and latitude/longitude
points that lay along Federal airways V-6/V-10, to the south. Again,
the FAA determined that the need to descend aircraft low enough for an
approach to all of the present and future runways, while maintaining
1,000 feet vertical separation between simultaneous arrivals and
departures, requires that the lowest of the final approach courses be
at 4,000 feet MSL between the 15 and 30 nautical mile arcs of the
Chicago O'Hare VOR/DME antenna.
The ad hoc committee also recommended the FAA modify the existing
Area G to accommodate aircraft flying the instrument landing system
approach to Runway 16 and circling to Runway 34 at Chicago Executive
Airport without having to enter the Chicago Class B airspace.
Specifically, the committee recommended expanding Area G by moving the
southern boundary from the 6 nautical mile arc of the Chicago O'Hare
VOR/DME antenna to the 5 nautical mile arc, with the airspace segment
extending upward from 2,500 feet MSL to 10,000 feet MSL. The FAA
adopted this recommendation. The proposed modifications to Area A and
Area G reflect this lateral boundary movement and the associated
vertical airspace floor change from the existing surface to the
recommended 2,500 feet MSL. These modifications will accommodate the
traffic pattern and circling approach to Runway 34 at Chicago Executive
Airport.
Finally, the ad hoc committee recommended the FAA not incorporate
the airspace originally established to protect the, now-closed,
Glenview Naval Air Station (currently Area E of the ORD Class B
airspace area) into Area B of the original proposed Class B airspace
modification. Inclusion of this airspace into Area B as originally
proposed would lower the Class B airspace floor in that area from 2,500
feet MSL to 1,900 feet MSL. The FAA adopted this recommendation. The
proposed Area H, described in the Proposal section, contains the
airspace area boundary and altitude descriptions recommended by the ad
hoc committee; thus, retaining the availability of the airspace below
Area H from the surface to 2,500 feet MSL for VFR aircraft flying
outside the ORD Class B airspace area.
The ad hoc committee included two additional recommendations in
their report, one addressing discreet transponder codes for glider
operations and a second addressing a future ad hoc committee being
established when east-west runway construction projects are completed.
These recommendations fall outside the scope of this airspace
rulemaking action and accordingly, are not addressed in this rulemaking
action.
Informal Airspace Meeting Comments
As a result of the informal airspace meetings, the FAA received
written comments from 89 commenters. Three commenters concurred with
the Chicago Class B airspace proposal as it was briefed at the informal
airspace meetings. Four commenters shared that the proposed Class B
airspace, in general, was too large and unnecessary. However, the
majority of commenters focused their attention on the proposed Area F;
although one commenter was in favor of the proposed Area F design.
Sixty-seven comments were received objecting to the amount of
airspace to the west (Area F) that is included within the new Class B
airspace proposal. Twenty-one commenters requested that the airspace to
the west be reduced in size laterally and/or vertically. They
specifically requested that Area F, proposed with a base altitude of
4,000 feet MSL, be raised to either 5,000 feet MSL or 6,000 feet MSL.
The FAA has determined that this is not achievable. Aircraft conducting
simultaneous parallel approaches may not be assigned the same altitude
during turn-on to the final approach course. Air Traffic Control needs
to turn aircraft on to instrument approaches at 6,000, 7,000, and 8,000
feet. It is not possible to turn aircraft on to approaches at 5,000
feet MSL because of satellite airport air traffic to the other 52
airports within the Chicago Terminal Radar Approach Control Facility
(TRACON) airspace.
Twenty-three commenters expressed safety concerns due to traffic
compression between gliders, as well as between gliders and general
aviation aircraft. To remain clear of the Chicago Class B airspace VFR
aircraft and gliders would have to fly at lower altitudes or fly
further east or west of ORD. The FAA partially agrees. For general
aviation and glider aircraft to remain clear of the Chicago Class B
airspace areas, they would have to fly either below or above the Class
B airspace extensions, or circumnavigate five to ten nautical miles
further east or west of ORD. However, these areas are necessary to (1)
retain IFR aircraft on instrument approaches and departures within the
Chicago Class B airspace area; and (2) ensure general aviation and
glider aircraft and the large turbine-powered aircraft conducting
instrument approaches to Chicago O'Hare are segregated. Additionally,
aircraft conducting simultaneous, triple parallel instrument and visual
approaches to ORD may not be assigned the same altitude during turn-on
to the final approach course, resulting in aircraft being assigned
altitudes that will differ by a minimum of 1,000 feet. In order to
contain these aircraft flying simultaneous instrument approaches within
Class B airspace, and ensure segregation from general aviation traffic,
the Chicago Class B airspace area must be modified to establish the
additional extensions as proposed.
Three commenters contended that the amount of airspace proposed to
be included in the Class B airspace to the west could be reduced
through changes in procedures and airspace delegation between the
Chicago TRACON and Chicago Air Route Traffic Control Center (ARTCC).
They suggested that the Chicago ARTCC MALTS sector boundary be moved to
the north; that the Rockford Federal airway V-100 traffic be moved to
the north; and that the Plano arrivals be forced down to 10,000 feet
MSL or lower when in an east flow. The FAA does not agree and has
determined that changing procedures and/or airspace delegation would
not solve the problem at hand. Implementation of these suggestions
would not enable Chicago TRACON to contain aircraft within the
boundaries of the present day Class B airspace, nor ensure segregation
of IFR arrival aircraft with the VFR aircraft and gliders operating in
the vicinity of the Chicago Class B airspace.
Fifty-nine commenters raised concerns for adverse impacts to glider
operations, echoing similar issues to those mentioned above, as a
result of the proposed Class B airspace modifications of Area F. The
FAA partially agrees. The airspace where Area F is proposed to be
established currently lies outside the existing boundary of the Chicago
Class B airspace and it is understandable that users of that airspace
view the necessary establishment of Class B airspace as an
encroachment. However, in the interest of safety for all, the FAA has
determined that the Class B airspace extension to the west of ORD is
the only way to ensure IFR aircraft arriving and departing ORD are
contained within Class B airspace and IFR aircraft are segregated from
VFR aircraft and
[[Page 27232]]
gliders, that may not be visible to or communicating with Air Traffic
Control, that already are operating in that area. The proposed Area F
Class B airspace extension has been limited in design to include only
the volume of airspace necessary to contain IFR arrivals/departures at
ORD, segregate IFR and VFR aircraft operations, and minimize impacts to
general aviation and glider VFR operators. Additionally, the proposed
Area F was designed to ensure it does not encompass or overlay the
airfields where the Sky Soaring Glider Club (Hampshire, IL) and Windy
City Soaring Association (Hinckley, IL) operations are located. The
Chicago Glider Club (Minooka, IL) lies well south of any of the
proposed Chicago Class B airspace.
Four commenters suggested that the western portion of the Class B
airspace be delegated to gliders through Letter of Agreement/Letter of
Authorization/Notice to Airmen when Air Traffic Control did not require
it for their use. The FAA finds these suggestions untenable due to the
regulatory nature of Class B airspace and the requirement for Air
Traffic Control to provide positive separation within it. Class B
airspace is established via rulemaking and when it is established, the
airspace and regulatory requirements associated with accessing and
operating within it are specific and in effect at all times. Class B
airspace cannot be modified or delegated to the user community on an ad
hoc basis. Additionally, the regulatory requirements for aircraft to
enter and operate within Class B airspace may not be waived, modified,
or exempted by Letter of Agreement.
Three commenters thought that the northern border of Area F should
be moved south to the railroad tracks in the Hampshire, IL, area to
establish a better visual reference of the Class B airspace for VFR
aircraft. Another commenter thought that the northern border of the
Area F extension should be moved to Illinois State Route 72 for a
visual reference. The FAA finds both of these suggestions impractical.
The resultant size of the Area F extension would be insufficient to
safely ensure separation between aircraft flying in the runways 9L, 9R,
and 10 traffic patterns and final approach course. Additionally, issues
associated with an insufficient amount of airspace would only be
compounded when the three additional planned parallel runways become
operational.
One commenter cited noise and safety concerns for residents located
below the proposed Area F to the west of ORD. The FAA does not agree.
The proposed modifications to the Chicago Class B airspace will not
change the location of existing flight tracks, use of altitudes, or the
number of aircraft being vectored for approaches to ORD within the
proposed Area F airspace today. Moreover, the FAA views the proposed
Area F as critical to overcoming the safety ramifications associated
with large turbojet aircraft exiting the Class B airspace, and
consequently, intermingling with general aviation and glider aircraft
not in contact with the Chicago TRACON.
Three commenters expressed support for establishing Global
Positioning Satellite (GPS) guidance or VOR DME waypoints for VFR
flyways underneath the Chicago Class B airspace. Specifically, one
commenter requested that there be three north-south VFR routes west of
ORD, a VFR route along the shoreline, east-west transitions both north
and south of ORD, a VFR route around Chicago Executive Airport, and a
route around Chicago Midway Airport. A second commenter expressed a
need for a VFR flyway from Chicago Executive Airport/Lakeshore to south
side airports in both directions. In response, the FAA offers that VFR
flyways under and around the Class B airspace similar to the those
addressed by the commenters already exist. The VFR flyways are
published on the Chicago Charted VFR Flyway Planning Chart on the
reverse side of the Chicago VFR Terminal Area Chart. The FAA does note,
however, that the existing VFR flyways depicted on the Chicago Charted
VFR Flyway Planning Chart will require minor adjustments in recommended
altitudes to accommodate the proposed Class B airspace modifications.
One commenter recommended that a VFR flyway directly over the top
of ORD running north/south at 8,000, 9,000, or 10,000 feet MSL using
GPS or VOR/DME waypoints should be established. The FAA does not agree.
On a daily basis, roughly 10 aircraft an hour for 13 to 15 hours a day
(130 to 150 flights per day on average) are routed over the top of ORD
at altitudes between 8,000 feet MSL and 11,000 feet MSL in order to
utilize a preferred runway. The use of a preferred runway is normally
based on the need for a longer runway, but can also be required for
runway balancing. Additionally, departures at Chicago Midway
International Airport (MDW) that are northbound transition over the top
of ORD between 6,000 feet MSL and 11,000 feet MSL, climbing to 13,000
feet MSL, and departures at Aurora (ARR) and DuPage (DPA) Airports
heading east and then northbound also transition through this same
airspace. Aircraft at MDW, ARR, and DPA are typically corporate
business jets and, depending on runway configuration(s) and
destinations, account for an additional estimated 40 to 50 aircraft per
day.
A number of comments were received regarding the proposed
modification to the Class B airspace (Area E) to the east of ORD. Ten
commenters felt the size of the proposed area to the east was
excessive, not needed by the Chicago TRACON, and objected to this
aspect of the proposal. Five other commenters specifically questioned
the need for the additional airspace supporting Runway 22 operations;
requesting the size of the area be reduced. The FAA agrees with these
commenters. The original proposal for Area E incorporated the airspace
east of ORD from the 25 nautical mile arc to the 30 nautical mile arc
of the Chicago O'Hare VOR/DME antenna, extending upward from 4,000 feet
MSL to and including 10,000 feet MSL, from the shoreline north of ORD
to the shoreline southeast of ORD. The FAA has determined the size of
Area E could be reduced to the dimensions listed in the Proposal
section below.
Two commenters further stated that traffic landing on Runway 28
could be vectored on to the localizer at 4,000 feet MSL inside the 25
nautical mile arc of the Chicago O'Hare VOR/DME antenna, which would
allow the floor of Area F to be raised between the 25 nautical mile and
30 nautical mile arcs. The FAA does not agree. There are simply too
many aircraft to contain them all within the 25 nautical mile arc of
the Chicago O'Hare VOR/DME antenna. Simply put, ORD and its associated
operations has outgrown the present day Class B airspace established in
1993.
The FAA also received some general comments regarding the Chicago
Class B airspace. Two commenters suggested lowering the ceiling of the
Class B airspace, citing other Class B airspace areas in the country
with lower ceilings. The FAA does not agree. Class B airspace designs
are specific to locations based on varying local area operational
requirements and aviation needs. To advocate one standard Class B
airspace design for all major airports with high density air traffic
operations does not recognize those differences in the local area
operational requirements or aviation needs and could result in airspace
being incorporated unnecessarily at some locations (impacting free
navigable airspace) or not enough airspace being incorporated at other
locations (causing unacceptable aviation safety risks). This suggestion
also would not be suitable in Chicago's case as the higher altitudes of
the Chicago Class B airspace are currently used to accommodate the
large volume
[[Page 27233]]
of aircraft arriving and departing the area.
Four commenters expressed concern that the proposal would increase
the risk of Class B airspace violations. The FAA does not agree. The
legal description of the proposed Class B airspace includes prominent
visual references, latitude/longitude coordinates, and arcs of the
Chicago O'Hare VOR/DME antenna. The FAA believes that this mix of
descriptors effectively assists pilots in identifying the lateral
boundaries of the Class B airspace.
Two commenters stated that the proposal would have an economic
impact on general aviation traffic due to increased fuel burn. The FAA
partially agrees with this comment. Although some aircraft would need
to fly added distances or different altitudes to remain clear of the
Class B airspace, the FAA believes any increase in fuel burn would be
nominal.
Finally, two commenters thought that inadequate information was
given to the ad hoc committee in order for them to accurately evaluate
the proposal and recommended that the entire Class B process begin over
again. They also requested that after all runway construction projects
are completed at ORD, the ad hoc committee be reestablished. The FAA
does not agree. Three ad hoc committee meetings were held to identify,
discuss, and develop recommendations for the FAA to consider with
respect to modifying the Chicago Class B airspace. The ad hoc committee
provided the FAA a memorandum that addressed four specific
recommendations for consideration in the development of the Chicago
Class B airspace modification proposal, which are incorporated into the
proposal. Additionally, five informal airspace meetings were held to
inform interested aviation users of the proposed airspace changes and
to gather facts and information relevant to the proposed action.
Furthermore, this NPRM provides users with a 60-day comment period to
submit comments or recommendations on the proposal. All comments
received as a result of this NPRM will be fully considered, and may
result in changes to the proposed action, before the FAA makes a final
determination. The FAA believes that re-initiating the Class B process,
after it has been in progress since December of 2008, would be to
ignore the safety ramifications associated with the inability to
contain large turbojet aircraft operations within the existing Chicago
Class B airspace, and consequently, their intermingling with VFR
aircraft that are not in contact with the Chicago TRACON.
The Proposal
The FAA is proposing an amendment to Title 14 of the Code of
Federal Regulations (14 CFR) part 71 to modify the Chicago Class B
airspace area. This action (depicted on the attached chart) is proposed
to make minor modifications to the existing Chicago Class B airspace
and to establish two new airspace extensions (the first, a new Area E,
to the east and the second, expanding existing Area F, to the west) to
the current Chicago Class B airspace area in order to provide airspace
needed to contain aircraft conducting instrument and visual approach
operations within the confines of Class B airspace. Additionally, the
proposed modifications would better segregate the IFR aircraft
arriving/departing ORD and the VFR aircraft operating in the vicinity
of the Chicago Class B airspace. The current Chicago Class B airspace
area consists of seven subareas (A through G) while the proposed
configuration would consist of eight subareas (A through H). The
proposed revisions to the Chicago Class B airspace area are discussed
below.
Area A. The FAA proposes to modify the northern boundary of Area A
by incorporating the airspace east of U.S. Highway 12 between the 6
nautical mile and 5 nautical mile arcs of the Chicago O'Hare VOR/DME
antenna, from 2,500 feet MSL to and including 10,000 feet MSL, as part
of Area G. The airspace east of U.S. Highway 12 between the 6 nautical
mile and 5 nautical mile arcs of the Chicago O'Hare VOR/DME antenna,
below 2,500 feet MSL, would be returned to the NAS. This modification
of Area A, as described, would raise the floor of the Class B airspace
in the affected segment from the surface to 2,500 feet MSL. This
proposed modification, as recommended by the ad hoc committee and
adopted by the FAA, would provide additional airspace to accommodate
aircraft on the downwind traffic pattern and circling approaches to
Runway 34 at Chicago Executive Airport, without entering Chicago Class
B airspace.
Area B. The FAA proposes to modify Area B by defining its northeast
boundary using the railroad tracks that run from U.S. Highway 294 to
Willow Road (slightly east of the existing Area B, Area C, and current
Area E shared boundary) and expanding Area B to incorporate a portion
of existing Class B airspace that is contained in the current Area E.
Specifically, the modification would expand Area B to incorporate the
airspace contained east of the railroad tracks and south of Willow Road
within the current Area E, and lower the floor of that affected
airspace from the current 2,500 feet MSL to 1,900 feet MSL. This
modification of Area B, as described, would raise the floor of the
Class B airspace west of the railroad tracks to the existing shared
boundary noted above to 3,000 feet MSL, but lower the floor of the
Class B airspace in the affected segment of the current Area E by 600
feet to 1,900 feet MSL. This proposed modification of Area B would
incorporate only that airspace deemed necessary from the current Area E
to ensure IFR arrival aircraft flying instrument approaches to ORD
Runway 22R are contained within the confines of Class B airspace
throughout the approach, and ensure segregation of IFR arrival aircraft
from VFR aircraft flying near the boundary of Class B airspace.
Additionally, this proposed modification would better define the
northeast boundary of Area B using visual references for pilots flying
in the vicinity of Chicago Class B airspace.
Area C. Area C would expand into existing Class B airspace,
incorporating portions of Area B and Area H commensurately. As proposed
in Areas B and H, the new shared boundary would follow the railroad
tracks that run northeast from U.S. Highway 294 to the 10 nautical mile
arc of the Chicago O'Hare VOR/DME antenna. Other than re-defining the
shared boundary of Areas B, C, and H using visual references for pilots
flying in the vicinity of the Chicago Class B airspace, there is no
effect to IFR or VFR aircraft operations from this resultant
modification of existing Class B airspace.
Area D. The FAA is not proposing to modify Area D.
Area E. The FAA proposes to establish a new Area E to the east of
ORD. This modification would extend Class B airspace from the existing
Area D boundary defined by the 25 nautical mile arc of the Chicago
O'Hare VOR/DME antenna to the 30 nautical arc of the Chicago O'Hare
VOR/DME antenna. The northern boundary would be defined by latitude/
longitude points that lay along Federal airways V-100/V-526, and the
southern boundary would be defined by latitude/longitude points that
lay along Federal airways V-6/V-10. This new area would extend upward
from 4,000 feet MSL to and including a ceiling of 10,000 feet MSL,
overlying Lake Michigan. The FAA has determined that the need to
descend aircraft low enough for an approach to all present and future
runways, while maintaining 1,000 feet vertical separation between
simultaneous
[[Page 27234]]
arrivals and departures, requires that the lowest of the final approach
courses be at 4,000 feet MSL between the 15 and 30 nautical mile arcs
of the Chicago O'Hare VOR/DME antennas. This new area would ensure IFR
arrival aircraft flying simultaneous visual and instrument approaches
to the existing runways 27R, 27L, and 28, as well as three additional
parallel runways planned for the future, are contained within the
confines of Class B airspace throughout the approach. This proposed new
area would also ensure segregation of IFR aircraft arriving ORD and VFR
aircraft operating in the vicinity of the Chicago Class B airspace, yet
provide navigable airspace below and above Class B airspace for VFR
aircraft.
Area F. The FAA proposes to expand Area F to the west of ORD. This
proposed modification would (1) extend the western boundary of the
current Area F to a uniform 25 nautical mile arc of the Chicago O'Hare
VOR/DME antenna and (2) further extend the western boundary to include
the airspace between the 25 nautical mile and 30 nautical mile arcs of
the Chicago O'Hare VOR/DME antenna between a border defined from the
intersection of Interstate 90 and the 25 nautical mile arc of the
Chicago O'Hare VOR/DME antenna, then due west to lat. 42[deg]07'21''N.,
long. 88[deg]33'05''W., on the 30 nautical mile arc of the Chicago
O'Hare VOR/DME antenna, to the north, and Illinois State Route 10, to
the south. This new Area F would be established with the floor
extending upward from 4,000 feet MSL to and including 10,000 feet MSL.
The FAA has determined that the need to descend aircraft low enough for
an approach to all of the present and future runways, while maintaining
1,000 feet vertical separation between simultaneous arrivals and
departures, requires that the lowest of the final approach courses be
at 4,000 feet MSL between the 15 and 30 nautical mile arcs of the
Chicago O'Hare VOR/DME antenna. This new area would ensure IFR arrival
aircraft flying simultaneous visual and instrument approaches to the
existing Runways 9L, 9R, and 10, as well as three additional parallel
runways planned for the future, are contained within the confines of
Class B airspace throughout the approach. This proposed new area would
also ensure segregation of IFR aircraft arriving ORD and VFR aircraft
and gliders operating in the vicinity of the Chicago Class B airspace,
yet provide navigable airspace below and above Class B airspace for VFR
aircraft operations.
Area G. The FAA proposes to modify the southern boundary of Area G
by incorporating the airspace contained in Area A that lies east of
U.S. Highway 12 between the 6 nautical mile and 5 nautical mile arcs of
the Chicago O'Hare VOR/DME antenna, extending upward from 2,500 feet
MSL to and including 10,000 feet MSL. The modification of Area G, as
described, would raise the floor of Class B airspace in the affected
segment from the surface to 2,500 feet MSL. This proposed modification,
as recommended by the ad hoc committee and adopted by the FAA, would
provide additional airspace to accommodate aircraft on the downwind
traffic pattern and circling approaches to Runway 34 at Chicago
Executive Airport, without entering the Chicago Class B airspace.
Area H. The FAA proposes to establish Area H from the existing
northern portion of the current Area E. The proposed Area H would be
bordered by the 10 nautical mile arc of the Chicago O'Hare VOR/DME
antenna on the east, Willow Road on the south, and the railroad tracks
(located slightly east of the existing Area B, Area C, and Area E
shared boundary) that run from U.S. Highway 294 to the 10 nautical mile
arc of the Chicago O'Hare VOR/DME antenna on the west. This new area
would be established with the floor extending upward from 2,500 feet
MSL to and including 10,000 feet MSL.
These modifications to the Chicago Class B airspace are being
proposed to ensure the containment of IFR aircraft operations within
Class B airspace as required by FAA directives, the segregation of IFR
aircraft arriving/departing ORD and VFR aircraft operating in the
vicinity of the Chicago Class B airspace, and support the aircraft
arrival/departure operations of three parallel runways, planned to be
expanded to six parallel runways, performing simultaneous visual and
instrument approaches.
Class B airspace areas are published in paragraph 3000 of FAA Order
7400.9T, Airspace Designations and Reporting Points, dated August 27,
2009, and effective September 15, 2009, which is incorporated by
reference in 14 CFR section 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 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 (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 United
States 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 would enhance safety by containing all
instrument approach procedures and associated traffic patters within
the confines of Class B airspace. The requirements would support
increased operations and capacity to the current and planned parallel
runways while better segregating IRF aircraft that would be operating
in the affected airspace.
After consultation with a diverse cross-section of stakeholders
that participated in the ad hoc committee to develop the
recommendations contained in this proposal, and a review of the
recommendations and comments, the FAA expects that this proposed rule
would result in minimal cost. We are aware that the proposal might
require small adjustments to existing VFR flyway planning charts, but
the additional cost would be minimal. Also, the proposed rule could
also have an affect on general aviation due to increased fuel
consumption from flying different distances or altitudes to remain
safely outside of Class B airspace. Although we expect operators might
consume more fuel on some flights, we
[[Page 27235]]
estimate the additional fuel cost would be minimal.
Initial 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 proposal would not have a significant economic
impact on a substantial number of small entities as the economic impact
is expected to be minimal. We request comments from the potentially
affected small businesses.
Therefore, the FAA certifies 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 United States standards. The
FAA has assessed the potential effect of this proposed rule and
determined that it would enhance safety and is not considered an
unnecessary obstacle to trade.
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.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that the FAA consider the impact of paperwork and other information
collection burdens imposed on the public. We have determined that there
is no new information collection requirement associated with this
proposed rule.
Conclusion
This NPRM would enhance safety, reduce the potential for a midair
collision in the Chicago terminal area, and would improve the flow of
air traffic. As such, we estimate a minimal impact with substantial
positive net benefits. The FAA requests comments with supporting
justification about the FAA determination of minimal impact. 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.
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
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 7400.9T, Airspace Designations and
Reporting Points, dated August 27, 2009, and effective September 15,
2009, is amended as follows:
Paragraph 3000 Subpart B-Class B Airspace
* * * * *
AGL IL B Chicago, IL [Modified]
Chicago O'Hare International Airport (Primary Airport)
(Lat. 41[deg]58'46'' N., long. 87[deg]54'16'' W.)
Chicago Midway Airport
(Lat. 41[deg]47'10'' N., long. 87[deg]45'08'' W.)
Chicago O'Hare VOR/DME
(Lat. 41[deg]59'16'' N., long. 87[deg]54'17'' W.)
Boundaries.
Area A. That airspace extending upward from the surface to and
including 10,000 feet MSL within an area bounded by a line beginning
at lat. 42[deg]04'10'' N., long. 87[deg]55'31'' W.; thence clockwise
along the 5 nautical mile arc of the Chicago O'Hare VOR/DME to lat.
41[deg]59'15'' N., long. 87[deg]47'35'' W.; thence east to lat.
41[deg]59'15'' N., long. 87[deg]46'15'' W.; thence clockwise along
the 6 nautical mile arc of the Chicago O'Hare VOR/DME to Interstate
Highway 290 (lat. 41[deg]57'12'' N., long. 88[deg]01' 56'' W.);
thence north along Interstate Highway 290 to the 6 nautical mile arc
of the Chicago O'Hare VOR/DME (lat. 42[deg]01'20'' N., long.
88[deg]01'51'' W.); thence clockwise along the 6 nautical mile arc
of the Chicago O'Hare VOR/DME to U.S. Highway 12 (lat.
42[deg]05'03'' N., long. 87[deg]56'26'' W.); thence southeast along
U.S. Highway 12 to the point of beginning.
Area B. That airspace extending upward from 1,900 feet MSL to
and including 10,000 feet MSL within an area bounded by a line
beginning at the intersection of U.S. Highway 294 and railroad
tracks at lat. 42[deg]03'48'' N., long. 87[deg]52'03'' W.; thence
northeast along the railroad tracks to Willow Road (lat.
42[deg]06'20'' N., long. 87[deg]49'38'' W.); thence east along
Willow Road to the 10 nautical mile arc of the Chicago O'Hare VOR/
DME (lat. 42[deg]06'04'' N., long. 87[deg]44'28'' W.); thence
clockwise along the 10 nautical mile arc of the Chicago O'Hare VOR/
DME to the 5 nautical mile radius of Chicago Midway Airport (lat.
41[deg]49'34'' N., long. 87[deg]51'00'' W.); thence counterclockwise
along the 5 nautical mile radius of the Chicago Midway Airport to
the 10.5 nautical mile arc of the
[[Page 27236]]
Chicago O'Hare VOR/DME (lat. 41[deg]48'59'' N., long. 87[deg]51'22''
W.); thence clockwise along the 10.5 nautical mile arc of the
Chicago O'Hare VOR/DME to the 10 nautical mile radius of the Chicago
Midway Airport (lat. 41[deg]49'11'' N., long. 87[deg]58'14'' W.);
thence clockwise along the 10 nautical mile radius of Chicago Midway
Airport to the 10 nautical mile arc of the Chicago O'Hare VOR/DME
(lat. 41[deg]49'40'' N., long. 87[deg]58'05'' W.); thence clockwise
along the 10 nautical mile arc of the Chicago O'Hare VOR/DME to U.S.
Highway 12 (lat. 42[deg]08'02'' N., long. 88[deg]00'44'' W.); thence
southeast along U.S. Highway 12 to the 5 mile arc of the Chicago
O'Hare VOR/DME (lat. 42[deg]04'10'' N., long. 87[deg]55'31'' W.);
thence clockwise along the 5 nautical mile arc of the Chicago O'Hare
VOR/DME to the point of beginning, excluding that airspace
designated as Area A.
Area C. That airspace extending upward from 3,000 feet MSL to
and including 10,000 feet MSL within an area bounded by the 15
nautical mile arc of the Chicago O'Hare VOR/DME, excluding that
airspace designated as Area A, Area B, Area G, and Area H.
Area D. That airspace extending upward from 3,600 feet MSL to
and including 10,000 feet MSL within an area bounded by a line
beginning at lat. 42[deg]07'52'' N., long. 88[deg]10'47'' W.; thence
northwest to the 25 nautical mile arc of the Chicago O'Hare VOR/DME
(lat. 42[deg]15'40'' N., long. 88[deg]19'39'' W.); thence clockwise
along the 25 nautical mile arc of the Chicago O'Hare VOR/DME to lat.
41[deg]42'03'' N., long. 88[deg]18'34'' W.; thence northeast to the
15 nautical mile arc of the Chicago O'Hare VOR/DME (lat.
41[deg]49'53'' N., long. 88[deg]09'59'' W.); thence clockwise along
the 15 nautical mile arc of the Chicago O'Hare VOR/DME to the point
of beginning, excluding that airspace designated as Area A, Area B,
Area C, Area G, and Area H.
Area E. That airspace extending upward from 4,000 feet MSL to
and including 10,000 feet MSL within an area bounded by a line
beginning at lat. 42[deg]11'11'' N., long. 87[deg]24'46'' W.; thence
east to the 30 nautical mile arc of the Chicago O'Hare VOR/DME (lat.
42[deg]10'39'' N., long. 87[deg]17'01'' W.); thence clockwise along
the 30 nautical mile arc of the Chicago O'Hare VOR/DME to lat.
41[deg]46'38'' N., long. 87[deg]17'51'' W.; thence west to the 25
nautical mile arc of the Chicago O'Hare VOR/DME (lat. 41[deg]46'40''
N., long. 87[deg]25'22'' W.); thence counterclockwise along the 25
nautical mile arc of the Chicago O'Hare VOR/DME to the point of
beginning.
Area F. That airspace extending upward from 4,000 feet MSL to
and including 10,000 feet MSL within an area bounded by a line
beginning at lat. 42[deg]07'52'' N., long. 88[deg]10'47'' W.; thence
northwest to the 25 nautical mile arc of the Chicago O'Hare VOR/DME
(lat. 42[deg]15'40'' N., long. 88[deg]19'39'' W.); thence
counterclockwise along the 25 nautical mile arc of the Chicago
O'Hare VOR/DME to Interstate 90 (lat. 42[deg]07'22'' N., long.
88[deg]26'01'' W.); thence west to the 30 nautical mile arc of the
Chicago O'Hare VOR/DME (lat. 42[deg]07'21'' N., long. 88[deg]33'05''
W.); thence counterclockwise along the 30 nautical mile arc of the
Chicago O'Hare VOR/DME to Illinois State Route 10 (lat.
41[deg]49'49'' N., long. 88[deg]32'27'' W.); thence east along
Illinois State Route 10 to the 25 nautical mile arc of the Chicago
O'Hare VOR/DME (lat. 41[deg]50'40'' N., long. 88[deg]25'44'' W.);
thence counterclockwise along the 25 nautical mile arc of the
Chicago O'Hare VOR/DME to lat. 41[deg]42'03'' N., long.
88[deg]18'34'' W.; thence northeast to the 15 nautical mile arc of
the Chicago O'Hare VOR/DME (lat. 41[deg]49'53'' N., long.
88[deg]09'59'' W.); thence clockwise along the 15 nautical mile arc
of the Chicago O'Hare VOR/DME to the point of beginning.
Area G. That airspace extending upward from 2,500 feet MSL to
and including 10,000 feet MSL within an area bounded by a line
beginning at lat. 42[deg]04'14'' N., long. 87[deg]54'56'' W.; thence
northwest to the 10 nautical mile arc of the Chicago O'Hare VOR/DME
(lat. 42[deg]09'00'' N., long. 87[deg]57'22'' W.); thence
counterclockwise along the 10 nautical mile arc of the Chicago
O'Hare VOR/DME to U.S. Highway 12 (lat. 42[deg]08'02'' N., long.
88[deg]00'44'' W.); thence southeast along U.S. Highway 12 to the 5
nautical mile arc of the Chicago O'Hare VOR/DME (lat. 42[deg]04'10''
N., long. 87[deg]55'31'' W.); thence clockwise along the 5 nautical
mile arc of the Chicago O'Hare VOR/DME to the point of beginning.
Area H. That airspace extending upward from 2,500 feet MSL to
and including 10,000 feet MSL within an area bounded by a line
beginning at the intersection of Willow Road and railroad tracks at
lat. 42[deg]06'20'' N., long. 87[deg]49'38'' W.; thence northeast
along the railroad tracks to the 10 nautical mile arc of the Chicago
O'Hare VOR/DME (lat. 42[deg]08'06'' N., long. 87[deg]48'02'' W.);
thence clockwise along the 10 nautical mile arc of the Chicago
O'Hare VOR/DME to Willow Road (lat. 42[deg]06'04'' N., long.
87[deg]44'28'' W.); thence west along Willow Road to the point of
beginning.
Issued in Washington, DC, on May 6, 2010.
Edith V. Parish,
Manager, Airspace and Rules Group.
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[FR Doc. 2010-11499 Filed 5-13-10; 8:45 am]
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