Modification of the Dallas/Fort Worth Class B Airspace Area; TX, 3315-3326 [2014-00941]
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Federal Register / Vol. 79, No. 13 / Tuesday, January 21, 2014 / Rules and Regulations
[FR Doc. 2014–00622 Filed 1–17–14; 8:45 am]
BILLING CODE 4910–13–C
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2012–1168; Airspace
Docket No. 07–AWA–3]
RIN 2120–AA66
Modification of the Dallas/Fort Worth
Class B Airspace Area; TX
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
This action modifies the
Dallas/Fort Worth, TX, Class B airspace
area to ensure containment of large
turbine-powered aircraft flying
instrument procedures to and from the
Dallas/Fort Worth International Airport
(DFW) and Dallas Love Field Airport
(DAL) within Class B airspace. The FAA
is taking this action to further support
its national airspace redesign goal of
optimizing terminal and en route
airspace areas to enhance safety,
improve the flow of air traffic, and
reduce the potential for near midair
collision in the DFW terminal area.
DATES: Effective Date: 0901 UTC, March
6, 2014. The Director of the Federal
Register approves this incorporation by
reference action under 3 CFR part 51,
subject to the annual revision of FAA
Order 7400.9 and publication of
conforming amendments.
FOR FURTHER INFORMATION CONTACT:
Colby Abbott, Airspace Policy and
Regulations Group, AJV–11, Office of
Airspace Services, Federal Aviation
Administration, 800 Independence
Avenue SW., Washington, DC 20591;
telephone: (202) 267–8783.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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History
On January 22, 2013, the FAA
published in the Federal Register a
notice of proposed rulemaking (NPRM)
to modify the Dallas/Fort Worth, TX,
Class B airspace area (78 FR 4356). This
action proposed to expand the lateral
and vertical dimensions of the Dallas/
Fort Worth Class B airspace area to
provide additional airspace needed to
contain large turbine-powered aircraft
flying instrument procedures to and
from the Dallas/Fort Worth International
Airport (DFW) and Dallas Love Field
Airport (DAL) within Class B airspace.
The NPRM noted that large turbinepowered aircraft routinely entered,
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exited, and then re-entered Class B
airspace while flying published
instrument approach procedures to
DFW runway13R and DAL runways
13L/13R and 31R/31L, which is contrary
to FAA policy.
Interested parties were invited to
participate in this rulemaking effort by
submitting written comments on the
proposal. A total of 73 responses to the
NPRM were received; of which, 13
responses opposed the proposed action
and did not provide any rationale or
information for consideration. On April
25, 2013, and subsequent to the close of
the public comment period, the FAA
received an inquiry from two
Congressional members requesting that
the FAA withdraw the NPRM and
consider the alternative solution
submitted by a commenter to the NPRM.
This inquiry was added to the docket
(making 74 responses total) and
considered along with the responses
received during the comment period.
The FAA considered all substantive
comments received before making a
determination on the final rule.
Discussion of Comments
Of the 74 responses received to the
NPRM, 61 concerned the airspace in the
vicinity of Addison Airport (ADS). All
of these commenters opposed the
proposed modification to Area F,
contending that it would result in lower
flight paths for DAL arrivals and ADS
arrivals and departures, and lead to
various adverse impacts such as
compression of VFR aircraft, safety of
flight issues, increased noise, air
pollution and health issues, lower
property values, detrimental effect on
local businesses, and decreased
commerce at ADS.
The above perceived impacts appear
to be based on the belief that the Class
B airspace modification would lead to
an increased number of IFR and VFR
flights operating at lower altitudes than
they do today. This is incorrect. The
Class B airspace modifications,
including Area F, are based on the need
to contain existing large turbinepowered IFR aircraft that are now
operating below Class B airspace. It is
important to note that existing DAL IFR
arrival and departure operating
altitudes, flight paths, traffic patterns,
and procedures will not change. As
stated in the NPRM, the Area F
modification will continue to support
IFR and VFR aircraft arriving and
departing ADS as they do today without
compression and ensure large turbinepowered aircraft flying instrument
procedures to DAL runways 13L/13R
are contained within Class B airspace.
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Five commenters argued that the FAA
should not lower the Class B airspace
over the entire Addison Class D airspace
area. They believed it would create an
unsafe condition with arrivals and
departures to from ADS from the north
and east would be forced to operate at
the same, or close to the same altitudes;
create the possibility of unintentional
airspace incursions; and have
operational issues associated with
separation from the existing DAL traffic
patterns at 1,600 feet MSL and 2,000
feet MSL. Additionally, one of the
commenters also argued that lowering
the entire ADS Class D airspace to a
2,500-foot MSL ceiling under the 3,000foot MSL Class B airspace floor would
result in a wedge of uncontrolled
airspace above ADS to the north and
east.
As noted in the NPRM, the FAA
reduced the lateral dimensions of Area
F over the ADS Class D airspace to only
extend from the 10-nautical mile (NM)
arc from the Point of Origin to the 13–
NM arc from the Point of Origin;
matching the outer boundary with the
adjacent Area B outer boundary at 13–
NM arc from the Point of Origin, and
not overlay the entire ADS Class D
airspace. The ADS Class D airspace
beyond the 13–NM arc is unchanged
and the existing 3,000-foot MSL ceiling
is unaffected by this rule. By lowering
only the portion of Class B airspace
necessary to contain aircraft flying
instrument procedures to DAL within
Class B airspace [Area F] and retaining
the existing arrival/departure traffic
flows, altitudes, and procedures, the
concerns that the ADS arrival/departure
aircraft from the north and east would
be operating at the same altitudes are
addressed. ADS arrival and departure
aircraft will be unaffected and are not
expected to create any unintentional
Class B incursions or impact the two
existing ADS traffic patterns. Finally,
the ADS Class D airspace beyond the
13–NM arc of the Point of Origin will
remain unchanged by this airspace
action.
Thirty commenters stated that VFR
flights operating at ADS would be
compressed as a result of establishing
Area F with a 2,500 feet MSL floor over
a portion of the ADS Class D airspace.
They further argue that this
compression into less airspace at ADS,
below Area F, could result in the loss of
operational flexibility and options for
VFR aircraft to vary from air traffic
control (ATC) recommended arrival and
departure altitudes; the introduction of
new flight safety hazards to VFR pilots
forced to fly 500 feet lower; a greater
potential for midair collision; and
inadvertent incursions into Class B
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airspace through the Area F 2,500-foot
MSL floor. Lastly, they contend that
ADS departures at 2,000 feet MSL and
arrivals at 2,500 feet MSL today would
be forced to operate at the same (or close
to the same) altitudes, which would
reduce traffic separation for VFR pilots
and introduce a greater possibility of
wake turbulence due to more large
aircraft flying at lower altitudes.
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
area in which all aircraft are subject to
certain operating rules and equipment
requirements. FAA directives require
Class B airspace areas be designed to
contain all instrument procedures, and
that air traffic controllers vector aircraft
as appropriate to remain within Class B
airspace after entry.
The FAA recognizes that VFR pilots
electing to fly below the floor of Class
B airspace may be compressed.
However, the airspace designated as
Area F with a 2,500-foot MSL floor over
the ADS Class D airspace is necessary to
contain the large turbine-powered
aircraft flying instrument procedures to/
from DAL within Class B airspace. The
Dallas/Fort Worth terminal area
encompasses DFW (third busiest airport
in the U.S. with over 646,800 airport
operations in 2011), DAL (over 179,190
airport operations in 2011), ADS (over
91,120 airport operations in 2011), plus
numerous other airports situated in and
around the terminal area. These airport
operations create a complex, high
density airspace environment
containing a highly diverse mix of
aircraft types and aviation activities. In
some areas, large turbine-powered
aircraft and non-participating VFR
aircraft are flying simultaneously in the
same airspace. It is essential to segregate
the large turbine-powered aircraft
arriving/departing DFW/DAL and the
non-participating VFR aircraft in the
vicinity of ADS, who may not be
communicating with ATC.
Additionally, it must be noted that
there are no planned changes to existing
flight paths, altitudes, or procedures
supporting ADS IFR/VFR arrivals and
departures. Due to the high volume of
VFR traffic mixed with IFR corporate
aircraft, the Dallas Terminal Radar
Control (TRACON) (D10) will continue
to sequence all arrivals to ADS. Aircraft
on the downwind also will continue to
be sequenced inbound at 2,500 feet MSL
while IFR departures will be climbing to
2,000 feet MSL. VFR aircraft will be
assigned 2,000 feet MSL altitude
initially until conflicts between arrivals
and departures are resolved. ADS
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departures (IFR/VFR) will continue to
be issued a 050 degree heading at 2,000
feet MSL to avoid a tower located 8miles east of ADS with a minimum
vectoring altitude (MVA) restriction of
2,200 feet MSL. While this obstruction
reduces multiple headings that could be
used for departing and arriving aircraft,
the use of additional altitude
segregation by local procedures ensure
flight safety in the area. VFR aircraft in
the ADS Class D airspace will continue
to receive traffic advisories.
Consequently, some non-participating
VFR aircraft may have to fly further, or
at different altitudes, in order to remain
clear of the modified Class B airspace.
Ultimately, it is the pilot’s responsibility
to evaluate all factors that could affect
a planned flight and determine the
safest course of action whether it is
circumnavigating the Class B airspace,
flying over or beneath the Class B
airspace, utilizing a charted VFR flyway,
or requesting Class B clearance and
services from D10.
Seven commenters recommended that
the FAA move the Area F outer
boundary over the ADS Class D airspace
to an 11.5–NM arc of the Point of Origin
instead of the 13–NM mile arc that was
proposed. The requested boundary
move would lower Class B airspace to
2,500 feet MSL west of ADS only and
was considered a reasonable alternative
by the commenters attempting to
minimize the compression concerns
while containing the majority of large
turbine-powered aircraft flying
instrument procedures to DFW and DAL
within Class B airspace. Three
commenters asserted that the FAA’s
own radar data slides presented at the
Informal Airspace Meetings suggested
that there was no need to lower the
Class B airspace floor east of ADS. One
commenter stated that moving the Area
F outer boundary to an 11.5–NM arc
from the Point of Origin was consistent
with the recommendation of the Ad Hoc
Committee and would provide easilyidentified landmarks to aid VFR pilots
in identifying the boundary of the
lowered Class B airspace; whereas, the
FAA’s own proposal provided no such
visual references for VFR pilots.
To address the counter-proposal
submitted by the commenters to limit
Area F to an area between the 10–NM
and 11.5–NM arcs from the Point of
Origin, the FAA accomplished new
radar track data analysis and modeling
for DAL arrivals flying over the ADS
Class D airspace. The FAA determined
that, on average, 209 aircraft per day
landed at DAL from the east over the
ADS Class D airspace and an average of
130 aircraft per day descended below
3,000 feet MSL over ADS between the
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10–NM and 13–NM arcs from the Point
of Origin. Of those 130 aircraft, an
average of 60 aircraft per day
(approximately 45 percent) descended
below 3,000 feet MSL outside an 11.5–
NM arc from the Point of Origin.
Therefore, if Area F was limited to
between the 10–NM and 11.5–NM arcs
from the Point of Origin, as
recommended by the commenters, only
70 (out of 130) aircraft arriving to DAL
each day, on average, would be
contained within Class B airspace and
60 aircraft arriving to DAL each day, on
average, would continue to descend
below Class B airspace into the ADS
Class D airspace area. Moving the outer
boundary of Area F to an 11.5–NM arc
from the Point of Origin would not
ensure containment of all large turbinepowered aircraft flying instrument
procedures to and from DFW and DAL,
as intended by this rule.
Because of the close proximity of the
DFW, DAL and ADS airports, access to
the congested airspace northeast of DFW
for aircraft not landing or departing one
of these airports is very limited. The
FAA determined that the number of
VFR aircraft flying in the ADS Class D
airspace and not receiving any ATC
flight services reached 2,500 feet MSL in
Area F less than twice per day, on
average. The modeling also revealed
that aircraft landing and departing ADS,
using existing procedures, remained
below the floor of Area F.
The FAA has confirmed that
establishing Area F, between the 10 NM
and 13 NM arcs from the Point of
Origin, will contain all the DAL arrival
aircraft conducting instrument
procedures within Class B airspace and
that the 2,500-foot MSL Class B airspace
floor will not affect ADS IFR and VFR
arrivals, departures, traffic flows, or
departure release procedures. Although
the FAA is reclassifying a small portion
of the ADS Class D airspace to become
part of Area F, the operational
procedures used today by the ADS
tower and D10 will remain unchanged.
Access to ADS by VFR aircraft is also
not impacted by Area F because it is
shadowed by existing Class B airspace
(being renamed Area C) with a 2,000
foot MSL floor from the southeast
clockwise to the north-northwest of
ADS and by the existing Class B surface
area (Area A) from the southeast
clockwise to the west-northwest of ADS.
VFR aircraft, not in contact with D10,
that are arriving or departing ADS must
avoid Area C and the surface area that
surround ADS from the southeast
clockwise to the north-northwest before
Area F with its 2,500-foot MSL floor
becomes a factor.
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Lastly, the FAA acknowledges that
the 13–NM arc from the Point of Origin
used to define the outer boundary for
Area F does not share the same
opportunity for prominent visual
landmarks as the counter-proposal
submitted by the commenters. The FAA
remains supportive of using prominent
landmarks, when available, to describe
airspace boundaries. However, matching
the outer boundary of Area F with the
13–NM arc outer boundary of Area B
has benefit too; it avoids potential
confusion for pilots faced with multiple
arcs in a relatively confined area to
define differing Class B airspace subarea
boundaries.
Three comments concerned lowering
the floors of two areas of Class B
airspace southeast of DFW, Area D and
Area I, to contain large turbine-powered
aircraft during arrival procedures to
DAL runways 31L/31R. Two of the
commenters were concerned with
compression and circumnavigation
associated with transitioning the area
east and west around Dallas Executive
Airport (RBD) and Mesquite Airport
(HQZ) (being renamed Mesquite Metro
Airport) past Area D lowered to 2,000
feet MSL between the 15–NM and 20–
NM arcs of the Point of Origin and Area
I lowered to 3,000 feet MSL between the
20–NM and 25–NM arcs of the Point of
Origin. One of these commenters added
that lowering the Class B airspace in
this area reduces the separation between
transitioning aircraft and the aircraft
operating at HQZ. The commenter
argued aircraft overflying uncontrolled
airports are not required to monitor
frequencies at those locations and that
would increase the potential for loss of
situational awareness and potential for
a midair collision among VFR pilots
flying below Area D and Area I, but over
HQZ. The commenter suggested that the
amount of traffic surrounding HQZ
demanded immediate attention for
establishing Class D airspace around
HQZ. The third commenter argued that
Area D and Area I were unnecessary and
addressed instrument procedure
glideslope corrections, that are address
later in this rule.
The FAA recognizes that VFR pilots
electing to fly below the floor of Class
B airspace may be compressed.
However, the Dallas/Fort Worth Class B
airspace Area D and Area I subareas,
with 2,000-foot MSL and 3,000-foot
MSL floors, respectively, are necessary
to contain large turbine-powered aircraft
flying instrument procedures to/from
DAL within Class B airspace and to
segregate them from the VFR aircraft
flying outside Class B airspace. Nonparticipating VFR general aviation
aircraft have their choice of flying either
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above or below the Class B airspace, or
circumnavigating it by five to ten NM
further southeast to remain clear should
they decide not to contact D10 to
receive Class B services.
As mentioned before, it is ultimately
the pilot’s responsibility to evaluate all
factors that could affect a planned flight
and determine the safest course of
action whether it is circumnavigating
the Class B airspace, flying over or
beneath the Class B airspace, utilizing a
charted VFR flyway, or requesting Class
B services from D10.
The FAA agrees with the commenter
that suggested establishing Class D
airspace around HQZ in the interest of
flight safety. As such, the FAA built a
control tower at HQZ, which began
providing limited traffic advisory
services in December of 2013, and
published a final rule in the Federal
Register (78 FR 67296, November 12,
2013) establishing Class D airspace
around HQZ with an effective date of
February 6, 2014. The Class D airspace
area extends upward from the surface
up to but not including 2,000 feet MSL,
within a 3.5-mile radius of the Mesquite
Metro Airport, Mesquite, TX, with an
extension from the 3.5-mile radius to
4.1-miles south of the airport. The
Mesquite, TX, Class D airspace area and
control tower, when open, will enhance
the safety and management of IFR and
VFR operations at the airport with
transient traffic around HQZ.
Twenty six comments were received
expressing flight safety concerns
associated with lowering the Class B
airspace over ADS. Many of the
commenters alleged that the lower Class
B airspace of Area F over ADS, and the
corresponding reduction of ADS Class D
airspace, would negatively impact the
overall operational safety of the single
engine VFR operations at ADS. Eight
commenters stated the limited amount
of available altitude in case of lowaltitude emergencies raised the risk of
aircraft accidents. Seven commenters
raised safety related concerns as a result
of their perceived reduction in vertical
separation options for aircraft operating
at ADS. Four commenters argued there
were already numerous close calls at
ADS and the reduced airspace under
Area F invited an increase in midair
collisions. Three commenters criticized
that limited inbound and outbound
routes to and from ADS would be
further constrained; whereas, one
commenter each contended the lower
Class B airspace would force VFR
aircraft to fly below the 1,000-foot above
ground level requirement over
congested areas, would induce more
‘‘head down’’ operation and less ‘‘see
and avoid’’ procedures, and would put
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VFR aircraft at risk of cell towers and
other low-altitude obstructions near
ADS.
The FAA disagrees with the flight
safety related concerns presented by the
commenters because no arrival or
departure flight paths, altitudes, or
operational procedures for IFR and VFR
aircraft flying to/from DAL or ADS are
being changed as a result of Area F.
Again, the commenters’ perceived flight
safety impacts appear to be based on the
belief that the Area F Class B airspace
modification over ADS would lead to an
increased number of IFR and VFR
flights operating at lower altitudes than
they do today. Due to the high volume
of VFR and IFR aircraft operating in the
vicinity of ADS, D10 will continue to
sequence all arrivals and departures to
and from ADS.
Mixing DAL IFR arrivals and VFR
aircraft outside the Class B airspace
presents a hazard to safety. This rule
addresses the safety impact of large
turbine-powered aircraft arriving to DAL
that routinely entered, exited, and then
re-entered Class B airspace, while being
vectored and flying instrument
procedures to DAL runways 13L/13R
over ADS, as well as to DAL runways
31L/31R from the southeast. The FAA
believes that the Class B design in this
rule establishes the minimum Class B
airspace required for containment of
large turbine-powered aircraft flying
instrument procedures to/from DFW
and DAL, while leaving as much
airspace as possible for IFR and VFR
flight operations in the ADS area,
outside Class B airspace.
Twenty-nine commenters raised noise
concerns related to the Area F being
established over a portion of the ADS
Class D airspace area. Commenters
stated, ‘‘increased noise pollution will
reduce property values,’’ ‘‘increase
noise will make it less desirable to dine
outdoors in a community where
restaurants are the largest contributor to
sales tax,’’ ‘‘with the increase in air
traffic planned for DAL, the frequency
of jet traffic noise will increase to levels
that are unacceptable,’’ and ‘‘this
modification would create a significant
increase in noise and general
disturbance over a highly populated
residential area.’’ One commenters also
requested a new review and updated
environmental impact study or noise
study be accomplished since a long time
had passed from when the Class B
modifications were originally proposed.
The FAA does not agree because the
Class B airspace being lowered over
ADS is not associated with any changes
to traffic flows, altitudes, or procedures;
but rather, the containment of existing
aircraft operations within Class B
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airspace. The FAA believes that the
submitted noise concerns presume an
increased number of aircraft would be
overflying ADS and that aircraft would
be flying at lower altitudes over the
communities surrounding ADS. Aircraft
are already flying in the areas and at the
same altitudes they will be after Area F
is established. The Class B airspace
modification over ADS is being
accomplished purely to contain existing
large turbine-powered aircraft flying
instrument procedures, and their
associated traffic patterns, to/from DFW
and DAL within Class B airspace. The
Class B airspace modification over ADS
is simply an airspace classification
change from Class D to Class B and will
not have any impact on noise.
The FAA completed its
environmental review and Categorical
Exclusion Declaration on May 1, 2013,
in support of the Dallas/Fort Worth
Class B airspace modifications. In
accordance with FAA Order 1050.1,
Environmental Impacts: Policies and
Procedures, paragraph 311a, rulemaking
actions that modify Class B airspace are
categorically excluded from the
requirement to prepare an
environmental assessment or
environmental impact statement. The
FAA determined that there were no
extraordinary circumstances that would
necessitate further environmental
review since the flight tracks and
altitudes used will not change as a
result of the Class B airspace
modifications and aircraft will continue
to fly the same flight tracks, patterns,
and altitudes that they fly today. There
are no adverse effects on any of the
environmental impact categories
required to be analyzed in accordance
with FAA Order 1050.1, nor are there
any cumulative impacts.
Eleven commenters argued lowering
the Class B airspace over ADS would
have a negative economic impact to
ADS, the residents in the area, and to
the North Dallas region. They were
concerned that reclassifying a portion of
ADS Class D airspace as Class B would
impact ADS economically by serving as
a disincentive to current/future ADS
customers to remain at ADS and result
in them going elsewhere less congested
and impact local business success in the
area. They were also concerned that the
business and commerce attractiveness of
ADS to businesses outside the Dallas
County/North Texas region would be
decreased and that lower property
values of the residential communities
surrounding ADS would result.
The FAA disagrees that establishing
Area F over ADS will cause the
economic impacts raised by the
commenters. The Area F 2,500-foot MSL
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Class B airspace floor over the Addison
Class D airspace area will have no effect
on ADS IFR or VFR arrivals, departures,
altitudes, traffic flows, or departure
release procedures. Additionally, the
IFR aircraft arriving and departing DFW
and DAL will continue to fly the same
flight tracks, patterns, and altitudes that
they fly today.
As noted previously, Area F is
shadowed by Area C, with its 2,000-foot
MSL floor, and Area A, the surface area,
from the southeast clockwise to the
west-northwest of ADS. Any perceived
aerial access impacts to ADS, caused by
Area F, are overcome by the
requirements for aircraft to avoid these
previously existing Class B airspace
subareas. Modeling did show that on
average less than 3 VFR aircraft per day,
squawking 1200, flew at lower altitudes
for short periods of time, but these
aircraft were determined to be VFR
practice aircraft and not receiving
sequencing ATC services for arrival or
departure. As such, the FAA does not
expect IFR or VFR operators to cease
operating at ADS, does not expect IFR
and VFR aircraft to fly lower than they
currently do, and does not expect an
increase in large turbine-powered
aircraft operations at DAL. Therefore,
the FAA does not find that Area F has
any economic impact to the airport, the
local community, or the North Dallas
region, as argued by the commenters.
Two commenters offered that the
need to lower Class B airspace to
contain large turbine-powered aircraft
could be averted by raising the glide
paths for the Instrument Landing
System (ILS) and Area Navigation
(RNAV) approaches to DAL. One
commenter also argued that DAL is not
a primary airport of the Dallas/Fort
Worth Class B airspace area and that
lowering the Class B airspace southeast
of DFW to contain aircraft flying DAL
approaches is a misuse of aviation
regulations. The commenter suggested
raising the published altitudes on ILS
and RNAV procedures to DAL runways
31L/31R (in essence raising the
approach glideslopes from the standard
3 degree angle) to overcome DAL
arrivals not being contained in Class B
airspace. The second commenter’s focus
was the airspace over the Addison Class
D airspace and simply requested the
FAA consider raising the approach
procedure glideslopes to DAL runways
13L/13R before seeking an airspace
solution to containing DAL arrival
aircraft within Class B airspace.
The FAA acknowledges that DAL is
not listed as a primary airport in the
Dallas/Fort Worth Class B airspace
description, but disagrees that it is
inappropriate to lower the Class B
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airspace southeast of DFW to contain
the aircraft flying instrument procedures
to DAL within Class B airspace. As
noted in the NPRM, the FAA revoked
the Airport Radar Service Area (ARSA)
surrounding DAL and incorporated the
airport and its airspace into the surface
area of the Dallas Fort-Worth Terminal
Control Area (TCA) [Class B airspace
today] in 1992. The FAA took this
action in the interest of flight safety as
a result of the complex mix of aircraft
operating in the Dallas/Fort Worth
terminal flying environment and to
lower the risk of midair collisions in the
airspace around DFW and DAL; thereby
reducing the chance of casualty loss (i.e.
aviation fatalities and injuries).
Revoking the DAL ARSA and making
the airspace part of the Dallas-Fort
Worth TCA was expected to result in
increased safety in the entire TCA [Class
B airspace today] and it has. As such,
the FAA continues to consider the
midair collision avoidance and airspace
requirements associated with Class B
airspace to apply to the operations at
DFW and DAL, when addressing the
Dallas/Fort Worth terminal airspace
area.
The FAA re-evaluated the suggestion
to raise the ILS and RNAV approach
procedure glideslopes into DAL and
does not agree. Raising the existing 3
degree approach procedure glideslopes,
in lieu of lowering Class B airspace, was
considered previously when the
proposal was developed and in response
to pre-NPRM public input. In order to
retain the current traffic flows in Class
B airspace without the proposed
modifications, the instrument procedure
glideslope angles to the DAL runways
13L/13R and 31L/R would have to be
raised in excess of 3.1 degrees; resulting
in the loss of approach minimums for
category D and E aircraft. A 3 degree
glideslope angle for instrument
procedures is the standard for safety.
Another commenter suggested the
need for lower Class B airspace floors
could be addressed by raising the glide
paths for the instrument approaches to
DAL using an extension of the
Optimized Profile Descent for the closein terminal area and creating a two-stage
glideslope approach. The commenter
offered that by flying an average 6
degree descent angle initially, aircraft
would no longer be forced to fly shallow
paths to the airport. Then, since jets are
not as responsive as light general
aviation aircraft, the aircraft would
transition to a standard 3 degree glide
path at some pre-determined distance
from the runway, most likely 1,500 feet
to 1,000 feet AGL and 1 NM prior to
passing the final approach fix.
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This suggestion for a two-stage
glideslope approach would require a
revision of instrument flight procedures
and the development of new or
additional glideslope equipment, which
may not be technically feasible and/or
may involve flight safety issues. As
such, it is outside the scope of this rule.
Five commenters were concerned that
lower Class B airspace, primarily over
ADS, would cause a related increase in
ATC workload to ensure flight safety.
One commenter asserted that the lower
Class B airspace floors would force
pilots to participate with D10, which
often time could not handle the load
they already have, while another
commenter stated that sometimes
controllers are too busy to offer
clearances through the Class B airspace.
A third commenter was concerned that
the lower Class B airspace at ADS
would result in more departure holds,
as well as increased vectoring for
arrivals and departures to and from
ADS.
The FAA remains committed to
providing Class B airspace services to
all National Airspace System (NAS)
users operating in the airspace
surrounding DFW, DAL, and ADS in a
manner that keeps the Dallas/Fort
Worth terminal area safe for all users.
As mentioned earlier, 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 area in
which all aircraft are subject to certain
operating rules and equipment
requirements.
Based on historical data and forecast
trends, the average D10 daily traffic
count includes 1,515 air carrier, 764 air
taxi, 445 general aviation, 51 military
IFR operations and 421 VFR operations.
In 2012, D10 provided Class B services
to approximately 200 VFR aircraft
operations per day. When VFR aircraft
request Class B services, they are
initially told to remain outside the Class
B airspace until radar identification is
established; oftentimes, this is
misunderstood as denial of Class B
services. D10 routinely provides Class B
airspace clearances and services to VFR
aircraft requesting access into and
through the Dallas/Fort Worth Class B
airspace on a workload permitted basis
when the arrival/departure traffic
volume and airspace capacity
conditions enable doing so safely.
Lastly, it should be noted that the
existence of Class B airspace has no
impact on IFR delays or aircraft
vectoring, the determining factors for
these activities are normally traffic
volume and weather.
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Three commenters suggested that the
FAA should establish VFR routes
through the Dallas/Fort Worth Class B
airspace area over Dallas and Fort Worth
to retain efficiency, safety and access for
all operators. Two of the commenters
offered that the transition routes would
allow VFR aircraft to navigate through
the Class B airspace without adding
additional burden to the controllers and
provide a predictable routing for the
VFR pilots. The third commenter stated
that flying the existing VFR transition
routes is very time consuming and
involves flying in congested airspace,
and that the routes are exceedingly
frustrating to transition safely and
legally given the number of Class D and
uncontrolled airports that must be
transitioned.
The FAA interpreted the commenters’
suggestion to mean they were
recommending VFR corridors through
the Class B airspace area and
acknowledges that VFR corridors
provide general aviation flight paths for
pilots planning flights into, out of, or
through complex terminal airspace so as
to avoid Class B airspace. However, the
FAA has determined establishing VFR
corridors over DFW and DAL through
the Class B airspace surface area is not
feasible and would result in adverse
impacts to the arrival and departure
flows, and associated traffic patterns,
supporting DFW and DAL operations.
Specifically, DFW and DAL fan
departures off their airports covering as
much as 220 degrees around the
compass in a north flow and 250
degrees around the compass in a south
flow. Depending upon the runway
configuration in use, low altitude VFR
corridors, as suggested, would conflict
with the over 1,250 departures from
DFW and DAL daily, on average, and
force departures to be restricted below
the corridor altitude(s) until clear of the
corridor. Additionally, the geographic
relationship between DFW, DAL, and
ADS, as well as HQZ, RBQ, Grand
Prairie, Arlington, Ft Worth Meacham
International, and Ft Worth Alliance
airports, with their arrival and departure
flows, does not support establishing
VFR corridors through the Dallas/Fort
Worth Class B airspace area.
The FAA recognizes that using the
existing flyways takes more time to fly
around the DFW and DAL area than
flying directly through it, but does not
agree that the existing VFR flyways are
difficult to transition safely or legally.
The Class B airspace floors over the low
altitude VFR flyways are not changing
and the flyways remain unaffected by
this rule. There are two VFR flyways
that route north and south, one located
east and one located west of DFW and
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DAL, and four VFR flyways that route
east and west, two located north and
two located south of DFW and DAL.
These six VFR flyways surround DFW
and DAL and provide both low and high
altitude route alternatives to
circumnavigate the Class B airspace area
for those pilots that opt not to request
ATC services through Class B airspace
from D10.
Bell Helicopter requested that the
FAA modify the Class B airspace surface
area, Area A. Bell Helicopter advised
that they plan to move their training
area back to an area southwest of DFW,
near where they previously conducted
helicopter training, and expand their
facility to support a training program
conducting 3,500 flight hours per year.
They requested the FAA modify the
Class B airspace surface area to exclude
a portion of airspace southwest of DFW
extending upward from the surface to
and including 1,500 feet MSL in the
area south of State Highway 10 and west
of the Texas Star Golf Course. The
requested exclusion would support a
helicopter training area near the area
Bell Helicopter operated at from the mid
1970’s through 2006.
The FAA evaluated Bell Helicopter’s
request and determined that the Class B
airspace surface area modification can
be incorporated, as requested, without
compromising the containment of large
turbine-powered IFR aircraft conducting
instrument procedures within Class B
airspace. As a result of Bell Helicopter’s
modification request and details of their
impending helicopter training program,
the FAA is modifying the Dallas/Fort
Worth Class B airspace surface area to
include an exclusion of airspace as
described below in the ‘‘Difference
From the NPRM’’ section. This
modification supports Bell Helicopter’s
returning training program in the area;
enables ATC to stay focused on the
arrival, departure, and overflight aircraft
operating in the DFW terminal area;
addresses ATC frequency congestion
issues; and reduces the potential for
unauthorized airspace incursions
without impacting the containment of
large turbine-powered IFR aircraft
conducting instrument procedures
within Class B airspace.
Differences From the NPRM
The description of the subarea A has
been modified from that proposed in the
NPRM. In light of public input, the FAA
evaluated a request to exclude a portion
of airspace located southwest of DFW
from the Class B airspace surface area
and determined the airspace exclusion
could be incorporated without effecting
containment of large turbine-powered
aircraft flying instrument procedures to
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and from DFW and DAL within Class B
airspace. This is accomplished by
excluding the a small portion of
airspace located southwest of DFW,
bounded by the surface area boundary,
State Highway 10, and the western
boundary of the Texas Star Golf Course,
from the surface to and including 1,500
feet MSL, from Area A. The revised
surface area description is listed in the
‘‘Adoption of the Amendment’’ section,
below.
The Rule
The FAA is amending Title 14 of the
Code of Federal Regulations (14 CFR)
part 71 to modify the Dallas/Fort Worth,
TX, Class B airspace area. This action
lowers the floor of Class B airspace in
four areas, redefines the northern
boundary, and incorporates an
exclusion of a small area of airspace
within the Class B surface area. The first
area, Area J lowers a portion Class B
airspace located northwest of DFW
between 23–NM and 30–NM arcs from
the Point of Origin from 5,000 feet MSL
to 4,000 feet MSL. The second area,
Area F, lowers a portion of Class B
airspace northeast of DFW between the
10–NM and 13–NM arcs from the Point
of Origin from 3,000 feet MSL to 2,500
feet MSL. The third area, Area D, lowers
a portion of Class B airspace located
southeast of DAL between the 15–NM
and 20–NM arcs from the Point of
Origin from 2,500 feet MSL to 2,000 feet
MSL. And, the fourth area, Area I,
lowers a portion of Class B airspace
located southeast of DAL between the
20–NM and 25–NM arcs from the Point
of Origin from 4,000 feet MSL to 3,000
feet MSL. This action also redefines the
northern boundary of the Class B
airspace area using the Ray Roberts Lake
dam. Lastly, in response to public input
to the NPRM, an exclusion of a small
portion of airspace located southwest of
DFW is incorporated in the Class B
airspace surface area. The Class B
airspace ceiling remains unchanged.
These modifications to the Dallas/Fort
Worth Class B airspace area provide the
minimum airspace necessary to contain
existing large turbine-powered aircraft
flying the instrument procedures to and
from DFW and DAL within the confines
of Class B airspace.
Except for Area A, which extends
upward from the surface to and
including 11,000 feet MSL within an
area surrounding DFW and DAL, the
descriptions of all other subareas that
make up the Dallas/Fort Worth Class B
airspace area are reconfigured, redescribed, and realigned by geographic
position in relation to the point of
origin, rather than the previous practice
of combining geographically separate
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areas that share a common altitude floor
into one large, complex subarea
description. This action modifies the
original eight Dallas/Fort Worth Class B
subareas (A through H) and adds six
new subareas (I through N). The
modifications to the Dallas/Fort Worth
Class B airspace, by subarea, are
outlined below.
Area A. Area A is the surface area that
extends from the surface up to 11,000
feet MSL. The FAA is incorporating an
exclusion of the airspace located
southwest of DFW bounded by the
surface area boundary, State Highway
10, and the western boundary of the
Texas Star Golf Course, from the surface
to an including 1,500 feet MSL, in this
portion of Class B airspace.
Area B. Area B extends upward from
2,000 feet MSL to 11,000 feet MSL in
the Class B airspace contained in the
previous Area B description that is
located north, west, and south of DFW.
The FAA is not changing this portion of
Class B airspace.
Area C. Area C extends upward from
2,000 feet MSL to 11,000 feet MSL in
the remaining Class B airspace
contained in the previous Area B
description that is located east of DFW.
The FAA is not changing this portion of
Class B airspace.
Area D. Area D is a new area
extending upward from 2,000 feet MSL
to 11,000 feet MSL located southeast of
DAL from the Cowboy VOR/DME (CVE)
117° radial clockwise to the 129°
bearing from the Point of Origin,
between 15–NM and 20–NM of the
Point of Origin. This new area lowers a
portion of Class B airspace contained in
the previous Area C description, located
south of the CVE 117° radial, by 500 feet
to overcome aircraft arriving DAL
runways 31R and 31L from the
southeast exiting the bottom of Class B
airspace with a 2,500-foot MSL floor,
flying under the Class B airspace area,
and then reentering the side of the Class
B airspace surface area.
Area E. Area E extends upward from
2,500 feet MSL to 11,000 feet MSL in
the remaining Class B airspace
contained in the previous Area C
description that is not incorporated in
the new Area D described above. The
FAA is not changing this portion of
Class B airspace.
Area F. Area F is a new area
extending upward from 2,500 feet MSL
to 11,000 feet MSL located northeast of
DFW from the 023° bearing from the
Point of Origin clockwise to Interstate I–
635, between 10–NM and 13–NM of the
Point of Origin. This new area lowers a
portion of Class B airspace contained in
the previous Area D description, located
northeast of DFW, by 500 feet to
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overcome aircraft arriving DAL runways
13R and 13L from the northeast exiting
the bottom of Class B airspace with a
3,000-foot MSL floor, flying through the
ADS Class D airspace, and then
reentering the side of Class B airspace
with a 2,000-foot MSL floor or the side
of the Class B airspace surface area.
Area G. Area G extends upward from
3,000 feet MSL to 11,000 feet MSL in
the Class B airspace contained in the
previous Area D description that is
located south of DFW. The FAA is not
changing this portion of Class B
airspace.
Area H. Area H extends upward from
3,000 feet MSL to 11,000 feet MSL in
the remaining Class B airspace
contained in the previous Area D
description that is located north of DFW
and not incorporated in the new Area F
described above. The FAA is not
changing this portion of Class B
airspace.
Area I. Area I is a new area extending
upward from 3,000 feet MSL to 11,000
feet MSL located southeast of DAL from
the Cowboy VOR/DME (CVE) 117°
radial clockwise to the 129° bearing
from the Point of Origin, between 20–
NM and 25–NM of the Point of Origin.
This new area lowers a portion of Class
B airspace contained in the previous
Area E description by 1,000 feet to
overcome aircraft arriving DAL runways
31R and 31L from the southeast exiting
the bottom of Class B airspace with a
4,000-foot MSL floor, flying under the
Class B airspace area, and then
reentering the side of Class B airspace
with a 2,500-foot MSL floor.
Area J. Area J extends upward from
4,000 feet MSL to 11,000 feet MSL in
the remaining Class B airspace
contained in the previous Area E
description that is not incorporated in
the new Area I described above and a
portion of Class B airspace contained in
the previous Area G description, located
northwest of the 311° bearing from the
Point of Origin. This new area lowers
the portion of Class B airspace
contained in the previous Area G
description by 1,000 feet to overcome
aircraft arriving DFW runways 13R and
13L from the northwest exiting the
bottom of the Class B airspace with a
5,000-foot MSL floor, flying under the
Class B airspace area, and then
reentering the side of the Class B
airspace with a 4,000-foot MSL floor.
Area K. Area K extends upward from
4,000 feet MSL to 10,000 feet MSL in
the Class B airspace contained in the
previous Area F description that is
located south of DFW. The FAA is not
changing this portion of Class B
airspace.
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Area L. Area L extends upward from
4,000 feet MSL to 10,000 feet MSL in
the remaining Class B airspace
contained in the previous Area F
description that is located north of
DFW. The FAA is extending the
northern boundary further north to
intercept the southern-most point of the
Ray Roberts Lake dam for visual
reference.
Area M. Area M extends upward from
5,000 feet MSL to 11,000 feet MSL in
the remaining portion of Class B
airspace contained in the current Area
G that is not incorporated in the new
Area J described above. The FAA is not
changing this portion of Class B
airspace.
Area N. Area N extends upward from
6,000 feet MSL to 11,000 feet MSL in
the Class B airspace contained in the
previous Area H description. The FAA
is not changing this Class B airspace.
Finally, this action updates the DFW
airport reference point (ARP)
coordinates and includes the Cowboy
VOR/DME (CVE) navigation aid
information in the Class B airspace legal
description to reflect current National
Airspace System data.
Implementation of these
modifications to the Dallas/Fort Worth
Class B airspace area ensure the
containment of instrument procedures
and large turbine-powered aircraft flying
those procedures within Class B
airspace, as required by FAA directives,
and enhance the efficient use of the
airspace, the management of aircraft
operations, and flight safety in the DFW
and DAL terminal area.
All radials and bearings listed in the
Dallas/Fort Worth Class B airspace
description in this rule are stated in
degrees relative to True North.
Additionally, all geographic coordinates
are stated in degrees, minutes, and
seconds based on North American
Datum 83.
Class B airspace areas are published
in paragraph 3000 of FAA Order
7400.9X, Airspace Designations and
Reporting Points, dated August 7, 2013,
and effective September 15, 2013, which
is incorporated by reference in 14 CFR
section 71.1. The Class B airspace area
listed in this document would be
published subsequently in the Order.
Environmental Review
The FAA has determined that this
action qualifies for categorical exclusion
under the National Environmental
Policy Act in accordance with FAA
Order 1050.1E, ‘‘Environmental
Impacts: Policies and Procedures,’’
paragraph 311a. This airspace action is
not expected to cause any potentially
significant environmental impacts, and
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no extraordinary circumstances exist
that warrant preparation of an
environmental assessment.
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 final rule.
Regulatory Evaluation Summary
Changes to Federal regulations must
undergo several economic analyses.
First, Executive Order 12866 and
Executive Order 13563 direct that each
Federal agency shall propose or adopt a
regulation only upon a reasoned
determination that the benefits of the
intended regulation justify its costs.
Second, the Regulatory Flexibility Act
of 1980 (Pub. L. 96–354) requires
agencies to analyze the economic
impact of regulatory changes on small
entities. Third, the Trade Agreements
Act (Pub. L. 96–39) prohibits agencies
from setting standards that create
unnecessary obstacles to the foreign
commerce of the United States. In
developing U.S. standards, the Trade
Act requires agencies to consider
international standards and, where
appropriate, that they be the basis of
U.S. standards. Fourth, the Unfunded
Mandates Reform Act of 1995 (Pub. L.
104–4) requires agencies to prepare a
written assessment of the costs, benefits,
and other effects of proposed or final
rules that include a Federal mandate
likely to result in the expenditure by
State, local, or tribal governments, in the
aggregate, or by the private sector, of
$100 million or more annually (adjusted
for inflation with base year of 1995).
This portion of the preamble
summarizes the FAA’s analysis of the
economic impacts of this final rule.
The FAA has, therefore, determined
that this final 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.
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
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this final rule. The reasoning for this
determination follows.
This action proposes to modify the
DFW Class B airspace area to ensure the
containment of large turbine-powered
aircraft flying instrument procedures to
and from the Dallas/Fort Worth
International Airport and Dallas Love
Field Airport within Class B airspace,
reduce controller workload and reduce
the potential for near midair collision in
the DFW terminal area. This action
lowers the Class B airspace floor in
some sections to encompass existing IFR
traffic. Lowering the floor of the Class B
airspace will increase safety by
segregating large turbine-powered
aircraft from aircraft that may not be in
contact with ATC. It will reduce air
traffic controller workload by reducing
the number of radio communications
that air traffic controllers must use to
inform IFR aircraft when they are
leaving and re-entering Class B airspace.
This will reduce the amount of
distraction that air traffic controllers
face in issuing these communications
and free radio time for more important
control instructions. IFR traffic will not
be rerouted as a result of this proposal.
The airspace restructuring will result
in safety benefits and increased
operational efficiencies. This final rule
will enhance safety by reducing the
number of aircraft entering, exiting, and
reentering Class B airspace and
consequently reducing air traffic
controller workload and radio frequency
congestion. By expanding the Class B
area where aircraft are subject to certain
operating rules and equipment
requirements this final rule will also
reduce the potential for midair
collisions. The modification of the Class
B airspace will provide operational
advantages as well by establishing
necessary airspace for controllers to
sequence aircraft within Class B
airspace and thereby reduce the need for
controllers to vector arrivals and
departures to avoid nonparticipating
traffic. The change may cause some VFR
pilots to have to choose between flying
below Class B airspace,
circumnavigating the Class B airspace
area, or requesting Class B clearance to
transition the area. If these responses
occur then some alternative routes will
be longer, take more time, and burn
more fuel. However, due to the specific
restructuring, we do not anticipate that
such VFR flights will have to travel far
to circumnavigate the new Class B
airspace.
The FAA expects an increase in safety
and some operational efficiencies from
the larger Class B airspace to be offset
slightly by possible VFR reroutings,
which will result in minimal cost
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overall. This final rule will not require
updating of materials outside the
normal update cycle, and will not
require rerouting of IFR traffic. The
expected outcome will be a minimal
impact with positive net benefits.
The FAA did request comments about
the FAA determination of minimal
impact in the NPRM. The FAA received
no comments on this determination of
minimal impact in the NPRM.
Although the FAA received no
comments specifically related to the
above determination several
commenters, as described earlier in this
Preamble, expressed a concern about
possible adverse economic impacts,
including an increase in aircraft noise as
a result of the proposed rule. As
discussed earlier in this preamble, these
perceived impacts appear to be based on
the belief that the Class B airspace
modification would lead to an increased
number of IFR and VFR flights operating
at lower altitudes than they do today.
The FAA finds that existing DAL IFR
arrival and departure altitudes, flight
paths, traffic patterns and procedures
will not change. As noted in the NPRM,
the Area F modification will continue to
support IFR and VFR aircraft arriving
and departing ADS as they do today
without compression and ensure large
turbine-powered aircraft flying
instrument procedures to DAL runways
13L/13R are contained within Class B
airspace.
Therefore, the FAA expects that the
outcome of this final rule will be a
minimal impact with positive benefits.
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Final 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
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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.
As stated in the NPRM, the proposed
rule would improve safety and
efficiency by redefining Class B airspace
boundaries and would have imposed
only minimal costs because it would not
have required rerouting of IFR traffic,
could possibly have caused some VFR
aircraft to travel alternative routes that
were not expected to be appreciably
longer than with the current airspace
design, and would not have required
updating of materials outside the
normal update cycle. Therefore, the
expected outcome would have been a
minimal economic impact on small
entities affected by the proposed
rulemaking action.
In the NPRM, the FAA certified that
the proposed rule would not have a
significant impact on a substantial
number of small entities. The FAA
solicited comments regarding this
determination in the NPRM.
Specifically, the FAA requested
comments on whether the proposed rule
would create any specific compliance
costs unique to small entities with
detailed economic analysis to support
any cost claims. The FAA also invited
comments regarding other small entity
concerns with respect to the proposed
rule. The FAA received no comments on
this determination.
If an agency determines that a
rulemaking will not result in a
significant economic impact on a
substantial number of small entities, the
head of the agency may so certify under
section 605(b) of the RFA. Therefore, as
provided in section 605(b), the head of
the FAA certifies that this rulemaking
will not result in 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
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considered an unnecessary obstacle to
the foreign commerce of the United
States, so long as the standard has a
legitimate domestic objective, such as
the protection of safety, and does not
operate in a manner that excludes
imports that meet this objective. The
statute also requires consideration of
international standards and, where
appropriate, that they be the basis for
U.S. standards.
The FAA assessed the potential effect
of the proposed rule in the NPRM and
determined that it would have only a
domestic impact and therefore no effect
on international trade. The FAA
received no comments on this
determination.
Therefore the FAA determines that
this final rule will have only a domestic
impact and therefore no effect on
international 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
$151.0 million in lieu of $100 million.
This final rule does not contain such a
mandate; therefore, the requirements of
Title II of the Act do not apply.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS;
AIRWAYS; 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 7400.9X, Airspace
Designations and Reporting Points,
dated August 7, 2013, and effective
September 15, 2013, is amended as
follows:
■
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Federal Register / Vol. 79, No. 13 / Tuesday, January 21, 2014 / Rules and Regulations
Paragraph 3000
Class B Airspace.
*
*
*
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ASW TX B Dallas/Fort Worth, TX
Dallas/Fort Worth International Airport
(Primary Airport)
(Lat. 32°53′49″ N., long. 97°02′17″ W.)
Point of Origin
(Lat. 32°51′57″ N., long. 97°01′41″ W.)
Cowboy VOR/DME (CVE)
(Lat. 32°53′25″ N., long. 96°54′14″ W.)
Boundaries
Area A. That airspace extending upward
from the surface to and including 11,000 feet
MSL within an area bounded by a line
beginning at the intersection of the 10–NM
radius from the Point of Origin and Josey
Lane at lat. 32°59′08″ N., long. 96°53′26″ W.,
thence southbound along Josey Lane to
intersect Forest Lane at lat. 32°54′34″ N.,
long. 96°52′54″ W., thence eastbound along
Forest Lane to intersect the 15–NM radius
from the Point of Origin at lat. 32°54′33″ N.,
long. 96°44′07″ W., thence clockwise along
the 15–NM radius to intersect the 129°
bearing from the Point of Origin at lat.
32°42′29″ N., long. 96°47′52″ W., thence
northwest along the 129° bearing to intersect
I–30 at lat. 32°46′04″ N., long. 96°53′07″ W.,
thence west along I–30 to intersect the 7–NM
radius from the Point of Origin at lat.
32°45′34″ N., long. 97°05′07″ W., thence
clockwise along the 7–NM radius to intersect
the 310° bearing from the Point of Origin at
lat. 32°56′27″ N., long. 97°08′03″ W., thence
northwest along the 310° bearing to intersect
the 10–NM radius from the Point of Origin
at lat. 32°58′23″ N., long. 97°10′47″ W.,
thence clockwise along the 10–NM radius to
the point of beginning; excluding that
airspace extending upward from the surface
to and including 1,500 feet MSL within the
area bounded by a line beginning at the
intersection of the 7–NM radius from the
Point of Origin and State Highway 10 at lat.
32°48′39″ N., long. 97°09′01″ W.; thence
eastbound along State Highway 10 to lat.
32°49′22″ N., long. 97°07′03″ W.; thence
south to intersect the 7–NM radius from the
Point of Origin at lat. 32°46′38″ N., long.
97°07′06″ W.; thence clockwise along the 7–
NM radius from the Point of Origin to State
Highway 10 at lat. 32°48′39″ N., long.
97°09′01″ W.
Area B. That airspace extending upward
from 2,000 feet MSL to and including 11,000
feet MSL within an area bounded by a line
beginning at the intersection of the 10–NM
radius from the Point of Origin and the 310°
bearing from the Point of Origin at lat.
32°58′23″ N., long. 97°10′47″ W., thence
southeast along the 310° bearing to intersect
the 7–NM radius from the Point of Origin at
lat. 32°56′27″ N., long. 97°08′03″ W., thence
counterclockwise along the 7–NM radius to
intersect I–30 at lat. 32°45′34″ N., long.
97°05′07″ W., thence east along I–30 to
intersect the 129° bearing from the Point of
Origin at lat. 32°46′04″ N., long. 96°53′07″
W., thence southeast on the 129° bearing to
intersect the 10–NM radius from the Point of
Origin at lat. 32°45′38″ N., long. 96°52′28″
W., thence clockwise along the 10–NM
radius to intersect SH–303 at lat. 32°42′23″
N., long. 96°58′18″ W., thence west along
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SH–303 to intersect the 10–NM radius from
the Point of Origin at lat. 32°42′29″ N., long.
97°05′30″ W., thence clockwise along the 10–
NM radius to intersect the 300° bearing from
the Point of Origin at lat. 32°56′57″ N., long.
97°11′58″ W., thence northwest along the
300° bearing to intersect the 13–NM radius
from the Point of Origin at lat. 32°58′27″ N.,
long. 97°15′04″ W., thence clockwise along
the 13–NM radius to intersect the 023°
bearing from the Point of Origin at lat.
33°03′56″ N., long. 96°55′38″ W., thence
southwest along the 023° bearing to intersect
the 10–NM radius from the Point of Origin
at lat. 33°01′10″ N., long. 96°57′02″ W.,
thence counterclockwise along the 10–NM
radius to the point of beginning.
Area C. That airspace extending upward
from 2,000 feet MSL to and including 11,000
feet MSL within an area bounded by a line
beginning at the intersection of the 10–NM
radius from the Point of Origin and Josey
Lane at lat. 32°59′08″ N., long. 96°53′26″ W.,
thence southbound along Josey Lane to
intersect Forest Lane at lat. 32°54′34″ N.,
long. 96°52′54″ W., thence eastbound along
Forest Lane to intersect the 15–NM radius
from the Point of Origin at lat. 32°54′33″ N.,
long. 96°44′07″ W., thence counter-clockwise
along the 15–NM radius to intersect I–635 at
lat. 32°54′42″ N., long. 96°44′09″ W., thence
west along I–635 to intersect the 10–NM
radius from the Point of Origin at lat.
32°55′25″ N., long. 96°50′32″ W., thence
counterclockwise along the 10–NM radius to
the point of beginning.
Area D. That airspace extending from 2,000
feet MSL up to and including 11,000 feet
MSL within an area bounded by a line
beginning at the intersection of the CVE 117°
radial and the 15–NM radius from the Point
of Origin at lat. 32°49′06″ N., long. 96°44′12″
W., thence clockwise along the 15–NM
radius to intersect the 129° bearing from the
Point of Origin at lat. 32°42′29″ N., long.
96°47′52″ W., thence southeast along the 129°
bearing to intersect the 20–NM radius from
the Point of Origin at lat. 32°39′19″ N., long.
96°43′16″ W., thence counterclockwise along
the 20–NM radius to intersect the CVE 117°
radial at lat. 32°46′45″ N., long. 96°38′46″ W.,
thence northwest along the CVE 117° radial
to the point of beginning.
Area E. That airspace extending upward
from 2,500 feet MSL to and including 11,000
feet MSL within an area bounded by a line
beginning at the intersection of I–635 and the
15–NM radius from the Point of Origin at lat.
32°54′42″ N., long. 96°44′09″ W., thence
clockwise along the 15–NM radius to
intersect the CVE 117° radial at lat. 32°49′06″
N., long. 96°44′12″ W., thence southeast
along the CVE 117° radial to intersect the 20–
NM radius from the Point of Origin at lat.
32°46′45″ N., long. 96°38′46″ W., thence
counterclockwise along the 20–NM radius to
intersect I–635 at lat. 32°50′40″ N., long.
96°38′03″ W., thence northwest along I–635
to the point of beginning.
Area F. That airspace extending upward
from 2,500 feet MSL, to and including 11,000
feet MSL within an area bounded by a line
beginning at the intersection of the 023°
bearing from the Point of Origin and the 13–
NM radius from the Point of Origin at lat.
33°03′56″ N., long. 96°55′38″ W., thence
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3323
clockwise along the 13–NM radius to
intersect I–635 at lat. 32°55′26″ N., long.
96°46′49″ W., thence west along I–635 to
intersect the 10–NM radius from the Point of
Origin at lat. 32°55′25″ N., long. 96°50′32″
W., thence counterclockwise along the 10–
NM radius to intersect the 023° bearing from
the Point of Origin at lat. 33°01′10″ N., long.
96°57′02″ W., thence northeast along the 023°
bearing to the point of beginning.
Area G. That airspace extending upward
from 3,000 feet MSL to and including 11,000
feet MSL within an area bounded by a line
beginning at the intersection of the 300°
bearing from the Point of Origin and the 10–
NM radius from the Point of Origin at lat.
32°56′57″ N., long. 97°11′58″ W., thence
counterclockwise along the 10–NM radius to
intersect SH–303 at lat. 32°42′29″ N., long.
97°05′30″ W., thence east along SH–303 to
intersect the 10–NM radius from the Point of
Origin at lat. 32°42′23″ N., long. 96°58′18″
W., thence counterclockwise along the 10–
NM radius to intersect the 129° bearing from
the Point of Origin at lat. 32°45′38″ N., long.
96°52′28″ W., thence southeast along the 129°
bearing to intersect the 20–NM radius from
the Point of Origin at lat. 32°39′19″ N., long.
96°43′16″ W., thence clockwise along the 20–
NM radius to intersect the 217° bearing from
the Point of Origin at lat. 32°35′56″ N., long.
97°15′56″ W., thence northeast along the 217°
bearing to intersect the 13–NM radius from
the Point of Origin at lat. 32°41′32″ N., long.
97°10′57″ W., thence clockwise along the 13–
NM radius to intersect the 300° bearing from
the Point of Origin at lat. 32°58′27″ N., long.
97°15′04″ W., thence southeast along the 300°
bearing to the point of beginning.
Area H. That airspace extending upward
from 3,000 feet MSL to and including 11,000
feet MSL within an area bounded by a line
beginning at the intersection of the 13–NM
radius from the Point of Origin and the 300°
bearing from the Point of Origin at lat.
32°58′27″ N., long. 97°15′04″ W., thence
northwest along the 300° bearing to intersect
the 20–NM radius from the Point of Origin
at lat. 33°01′56″ N., long. 97°22′17″ W.,
thence clockwise along the 20–NM radius to
intersect I–635 at lat. 32°50′40″ N., long.
96°38′03″ W., thence northwest along I–635
to intersect the 13–NM radius from the Point
of Origin at lat. 32°55′26″ N., long. 96°46′49″
W., thence counterclockwise along the 13–
NM radius to the point of beginning.
Area I. That airspace extending upward
from 3,000 feet MSL to and including 11,000
feet MSL within an area bounded by a line
beginning at the intersection of the 20– NM
radius from the Point of Origin and the 129°
bearing from the Point of Origin at lat.
32°39′19″ N., long. 96°43′16″ W., thence
southeast along the 129° bearing to intersect
the 25– NM radius from the Point of Origin
at lat. 32°36′09″ N., long. 96°38′41″ W.,
thence counterclockwise along the 25– NM
radius to intersect the CVE 117° radial at lat.
32°44′25″ N., long. 96°33′24″ W., thence
northwest along the CVE 117° radial to
intersect the 20– NM radius from the Point
of Origin at lat. 32°46′45″ N., long. 96°38′46″
W., thence clockwise along the 20– NM
radius to the point of beginning.
Area J. That airspace extending upward
from 4,000 feet MSL to and including 11,000
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feet MSL within an area bounded by a line
beginning at the intersection of the 217°
bearing from the Point of Origin and the 20–
NM radius from the Point of Origin at lat.
32°35′56″ N., long. 97°15′56″ W., thence
counterclockwise along the 20– NM radius to
intersect the 129° bearing from the Point of
Origin at lat. 32°39′19″ N., long. 96°43′16″
W., thence southeast along the 129° bearing
to intersect the 25– NM radius from the Point
of Origin at lat. 32°36′09″ N., long. 96°38′41″
W., thence counterclockwise along the 25–
NM radius to intersect the CVE 117° radial
at lat. 32°44′25″ N., long. 96°33′24″ W.,
thence northwest along the CVE 117° radial
to intersect the 20– NM radius from the Point
of Origin at lat. 32°46′45″ N., long. 96°38′46″
W., thence counterclockwise along the 20–
NM radius to intersect the 300° bearing from
the Point of Origin at lat. 33°01′56″ N., long.
97°22′17″ W., thence southeast along the 300°
bearing to intersect the 13– NM radius from
the Point of Origin at lat. 32°58′27″ N., long.
97°15′04″ W., thence counterclockwise along
the 13– NM radius to intersect the 217°
bearing from the Point of Origin at lat.
32°41′32″ N., long. 97°10′57″ W., thence
southwest along the 217° bearing to intersect
the 20– NM radius from the Point of Origin
at lat. 32°35′56″ N., long. 97°15′56″ W.,
thence clockwise along the 20– NM radius to
intersect I–20 at lat. 32°39′56″ N., long.
97°20′39″ W., thence west along I–20 to
intersect I–820 at lat. 32°41′51″ N., long.
97°28′14″ W., thence north along I–820 to
intersect the 23– NM radius from the Point
of Origin at lat. 32°46′46″ N., long. 97°28′17″
W., thence clockwise along the 23– NM
radius to intersect the 311° bearing from the
Point of Origin at lat. 33°07′02″ N., long.
97°22′21″ W., thence northwest along the
311° bearing to intersect the 30– NM radius
from the Point of Origin at lat. 33°11′37″ N.,
long. 97°28′40″ W., thence clockwise along
the 30– NM radius to intersect the 315°
bearing from the Point of Origin at lat.
33°13′10″ N., long. 97°26′58″ W., thence east
to the intersection of the 041° bearing of the
Point of Origin and the 30– NM radius from
the Point of Origin at lat. 33°14′36″ N., long.
96°38′13″ W., thence clockwise along the 30–
NM radius to intersect the 138° bearing from
the Point of Origin at lat. 32°29′34″ N., long.
96°37′57″ W., thence west to the intersection
of the 217° bearing from the Point of Origin
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and the 28.3 NM radius from the Point of
Origin at lat. 32°29′17″ N., long. 97°21′49″
W., thence northeast along the 217° bearing
to the point of beginning.
Area K. 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 the intersection of the 138°
bearing from the Point of Origin and the 30–
NM radius from the Point of Origin at lat.
32°29′34″ N., long. 96°37′57″ W., thence
clockwise along the 30– NM radius to
intersect the 149° bearing from the Point of
Origin at lat. 32°26′10″ N., long. 96°43′26″
W., thence west to the intersection of the
210° bearing from the Point of Origin and the
30– NM radius from the Point of Origin at lat.
32°25′54″ N., long. 97°19′24″ W., thence
clockwise along the 30– NM radius to
intersect the 217° bearing from the Point of
Origin at lat. 32°27′55″ N., long. 97°23′01″
W., thence northeast along the 217° bearing
to intersect the 28.3– NM radius from the
Point of Origin at lat. 32°29′17″ N., long.
97°21′49″ W., thence east to the point of
beginning.
Area L. 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 the intersection of the 315°
bearing from the Point of Origin and the 30–
NM radius from the Point of Origin at lat.
33°13′10″ N., long. 97°26′58″ W., thence
clockwise along the 30– NM radius to the
intersection of the 30– NM radius from the
Point of Origin and the 344° bearing from the
Point of Origin at lat. 33°20′50″ N., long.
97°11′33″ W., thence east to the intersection
of the 012° bearing from the Point of Origin
and the 30– NM radius from the Point of
Origin at lat. 33°21′21″ N., long. 96°54′14″
W., thence clockwise along the 30– NM
radius to intersect the 041° bearing from the
Point of Origin at lat. 33°14′36″ N., long.
96°38′13″ W., thence west to the point of
beginning.
Area M. That airspace extending upward
from 5,000 feet MSL up to and including
11,000 feet MSL within an area bounded by
a line beginning at the intersection of the
311° bearing from the Point of Origin and the
30– NM radius from the Point of Origin at lat.
33°11′37″ N., long. 97°28′40″ W., thence
counterclockwise along the 30– NM radius to
intersect the 293° bearing from the Point of
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Origin at lat. 33°03′37″ N., long. 97°34′32″
W., thence southeast along the 293° bearing
to intersect the 26– NM radius from the Point
of Origin at lat. 32°02′04″ N., long. 97°30′09″
W., thence counterclockwise along the 26–
NM radius to intersect SH–377 at lat.
32°39′49″ N., long. 97°28′58″ W., thence
southwest along SH–377 to intersect the 30–
NM radius from the Point of Origin at lat.
32°36′56″ N., long. 97°32′26″ W., thence
counterclockwise along the 30– NM radius to
intersect the 217° bearing from the Point of
Origin at lat. 32°27′55″ N., long. 97°23′01″
W., thence northeast along the 217° bearing
to intersect the 20– NM radius from the Point
of Origin at lat. 32°35′56″ N., long. 97°15′56″
W., thence clockwise along the 20– NM
radius to intersect I–20 at lat. 32°39′56″ N.,
long. 97°20′38″ W., thence west along I–20 to
intersect I–820 at lat. 32°41′51″ N., long.
97°28′14″ W., thence north along I–820 to
intersect the 23– NM radius from the Point
of Origin at lat. 32°46′46″ N., long. 97°28′17″
W., thence clockwise along the 23– NM
radius to intersect the 311° bearing from the
Point of Origin at lat. 33°07′02″ N., long.
97°22′21″ W., thence northwest along the
311° bearing to the point of beginning.
Area N. That airspace extending upward
from 6,000 feet MSL to and including 11,000
feet MSL within an area bounded by a line
beginning at the intersection of the 30– NM
radius from the Point of Origin and the 293°
bearing from the Point of Origin at lat.
33°03′37″ N., long. 97°34′32″ W., thence
southeast along the 293° bearing to intersect
the 26– NM radius from the Point of Origin
at lat. 33°02′04″ N., long. 97°30′09″ W.,
thence counterclockwise along the 26– NM
radius to intersect SH–377 at lat. 32°39′49″
N., long. 97°28’’58’’ W., thence southwest
along SH–377 to intersect the 30– NM radius
from the Point of Origin at lat. 32°36′56″ N.,
long. 97°32′26″ W., thence clockwise along
the 30– NM radius to the point of beginning.
*
*
*
*
*
Issued in Washington, DC, on January 10,
2014.
Gary A. Norek,
Manager, Airspace Policy and Regulations
Group.
BILLING CODE 4910–13–P
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Federal Register / Vol. 79, No. 13 / Tuesday, January 21, 2014 / Rules and Regulations
3325
Figure 1
Modification of the Dallas/Fort Worth, TX Class B Airspace Area
(Docket No. 07-AWA-3)
AREA L
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To
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AREA J
110
10
.~
AREA A .!!!
SFC
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AREAN
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AREA J
60
110
-
+
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AREA J
AREA K
100
To
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For Information Only - Not Far Navigation
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Federal Register / Vol. 79, No. 13 / Tuesday, January 21, 2014 / Rules and Regulations
[FR Doc. 2014–00941 Filed 1–17–14; 8:45 am]
BILLING CODE 4910–13–C
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 73
[Docket No. FAA–2013–1021; Airspace
Docket No. 13–ASO–23]
RIN 2120–AA66
Amendment of Restricted Areas; Camp
Lejeune and Cherry Point, NC
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; technical
amendment.
AGENCY:
This action changes the name
of the using agency for Restricted Areas
R–5303A, B and C; R–5304A, B and C,
Camp Lejeune, NC; and R–5306D and E,
Cherry Point, NC. This is an
administrative change to reflect
organizational restructuring within the
United States Marine Corps. It does not
affect the boundaries, designated
altitudes, time of designation or
activities conducted within the affected
restricted areas.
DATES: Effective date: 0901 UTC, April
3, 2014.
FOR FURTHER INFORMATION CONTACT: Paul
Gallant, Airspace Policy and
Regulations Group, Office of Airspace
Services, Federal Aviation
Administration, 800 Independence
Avenue SW., Washington, DC 20591;
telephone: (202) 267–8783.
SUPPLEMENTARY INFORMATION:
SUMMARY:
tkelley on DSK3SPTVN1PROD with RULES
The Rule
This action amends Title 14 Code of
Federal Regulations (14 CFR) part 73 by
updating the using agency name for
Restricted Areas R–5303A, B and C,
Camp Lejeune, NC; R–5304 A, B and C,
Camp Lejeune, NC; and R–5306D and E,
Cherry Point, NC. Organizational
restructuring within the U.S. Marine
Corps has made this action necessary.
This is an administrative change and
does not affect the boundaries,
designated altitudes, or activities
conducted within the restricted area,
therefore, notice and public procedures
under 5 U.S.C. 553(b) are unnecessary.
The FAA has determined that this
action only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current. Therefore, this regulation: (1) Is
not a ‘‘significant regulatory action’’
under Executive Order 12866; (2) is not
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16:01 Jan 17, 2014
Jkt 232001
a ‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that only affects air traffic
procedures and air navigation, it is
certified that this rule, when
promulgated, does not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
Subtitle I, Section 106 describes the
authority of the FAA Administrator.
Subtitle VII, Aviation Programs,
describes in more detail the scope of the
agency’s authority.
This rulemaking is promulgated
under the authority described in
Subtitle VII, Part A, Subpart I, Section
40103. Under that section, the FAA is
charged with prescribing regulations to
assign the use of the airspace necessary
to ensure the safety of aircraft and the
efficient use of airspace. This regulation
is within the scope of that authority as
it makes an administrative change to the
descriptions of Restricted Areas R–
5303A, B and C; and R–5304A, B and
C, Camp Lejeune, NC; and R–5306D and
E, Cherry Point, NC to reflect
organizational realignments within the
U.S. Marine Corps.
Environmental Review
The FAA has determined that this
action qualifies for categorical exclusion
under the National Environmental
Policy Act in accordance with FAA
Order 1050.1E, Environmental Impacts:
Policies and Procedures, paragraph
311d. This airspace action is an
administrative change to the
descriptions of the affected restricted
area to update the using agency name.
It does not alter the dimensions,
altitudes, or times of designation of the
airspace; therefore, it is not expected to
cause any potentially significant
environmental impacts, and no
extraordinary circumstances exist that
warrant preparation of an
environmental assessment.
PART 73—SPECIAL USE AIRSPACE
1. The authority citation for part 73
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.
§ 73.53
[Amended]
2. Section 73.53 is amended as
follows:
■
1. R–5303A
[Amended]
Camp Lejeune, NC
By removing the words ‘‘Using
agency. USMC, Commanding Officer,
U.S. Marine Corps Base Camp Lejeune,
NC, ’’ and add in their place ‘‘Using
agency. USMC, Commanding General,
Marine Corps Installations East-Marine
Corps Base Camp Lejeune, NC’’
2. R–5303B
[Amended]
Camp Lejeune, NC
By removing the words ‘‘Using
agency. USMC, Commanding Officer,
U.S. Marine Corps Base Camp Lejeune,
NC, ’’ and add in their place ‘‘Using
agency. USMC, Commanding General,
Marine Corps Installations East-Marine
Corps Base Camp Lejeune, NC’’
3. R–5303C
[Amended]
Camp Lejeune, NC
By removing the words ‘‘Using
agency. USMC, Commanding Officer,
U.S. Marine Corps Base Camp Lejeune,
NC, ’’ and add in their place ‘‘Using
agency. USMC, Commanding General,
Marine Corps Installations East-Marine
Corps Base Camp Lejeune, NC’’
4. R–5304A
[Amended]
Camp Lejeune, NC
By removing the words ‘‘Using
agency. USMC, Commanding Officer,
U.S. Marine Corps Base Camp Lejeune,
NC, ’’ and add in their place ‘‘Using
agency. USMC, Commanding General,
Marine Corps Installations East-Marine
Corps Base Camp Lejeune, NC’’
5. R–5304B
[Amended]
Camp Lejeune, NC
List of Subjects in 14 CFR Part 73
By removing the words ‘‘Using
agency. USMC, Commanding Officer,
U.S. Marine Corps Base Camp Lejeune,
NC, ’’ and add in their place ‘‘Using
agency. USMC, Commanding General,
Marine Corps Installations East-Marine
Corps Base Camp Lejeune, NC’’
Airspace, Prohibited areas, Restricted
areas.
6. R–5306D
[Amended]
Adoption of the Amendment
By removing the words ‘‘Using
agency. USMC, Commanding Officer,
U.S. Marine Corps Base Camp Lejeune,
NC, ’’ and add in their place ‘‘Using
agency. USMC, Commanding General,
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 73, as follows:
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
E:\FR\FM\21JAR1.SGM
21JAR1
Cherry Point, NC
Agencies
[Federal Register Volume 79, Number 13 (Tuesday, January 21, 2014)]
[Rules and Regulations]
[Pages 3315-3326]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-00941]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2012-1168; Airspace Docket No. 07-AWA-3]
RIN 2120-AA66
Modification of the Dallas/Fort Worth Class B Airspace Area; TX
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action modifies the Dallas/Fort Worth, TX, Class B
airspace area to ensure containment of large turbine-powered aircraft
flying instrument procedures to and from the Dallas/Fort Worth
International Airport (DFW) and Dallas Love Field Airport (DAL) within
Class B airspace. The FAA is taking this action to further support its
national airspace redesign goal of optimizing terminal and en route
airspace areas to enhance safety, improve the flow of air traffic, and
reduce the potential for near midair collision in the DFW terminal
area.
DATES: Effective Date: 0901 UTC, March 6, 2014. The Director of the
Federal Register approves this incorporation by reference action under
3 CFR part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.
FOR FURTHER INFORMATION CONTACT: Colby Abbott, Airspace Policy and
Regulations Group, AJV-11, Office of Airspace Services, Federal
Aviation Administration, 800 Independence Avenue SW., Washington, DC
20591; telephone: (202) 267-8783.
SUPPLEMENTARY INFORMATION:
History
On January 22, 2013, the FAA published in the Federal Register a
notice of proposed rulemaking (NPRM) to modify the Dallas/Fort Worth,
TX, Class B airspace area (78 FR 4356). This action proposed to expand
the lateral and vertical dimensions of the Dallas/Fort Worth Class B
airspace area to provide additional airspace needed to contain large
turbine-powered aircraft flying instrument procedures to and from the
Dallas/Fort Worth International Airport (DFW) and Dallas Love Field
Airport (DAL) within Class B airspace. The NPRM noted that large
turbine-powered aircraft routinely entered, exited, and then re-entered
Class B airspace while flying published instrument approach procedures
to DFW runway13R and DAL runways 13L/13R and 31R/31L, which is contrary
to FAA policy.
Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal. A total of 73
responses to the NPRM were received; of which, 13 responses opposed the
proposed action and did not provide any rationale or information for
consideration. On April 25, 2013, and subsequent to the close of the
public comment period, the FAA received an inquiry from two
Congressional members requesting that the FAA withdraw the NPRM and
consider the alternative solution submitted by a commenter to the NPRM.
This inquiry was added to the docket (making 74 responses total) and
considered along with the responses received during the comment period.
The FAA considered all substantive comments received before making a
determination on the final rule.
Discussion of Comments
Of the 74 responses received to the NPRM, 61 concerned the airspace
in the vicinity of Addison Airport (ADS). All of these commenters
opposed the proposed modification to Area F, contending that it would
result in lower flight paths for DAL arrivals and ADS arrivals and
departures, and lead to various adverse impacts such as compression of
VFR aircraft, safety of flight issues, increased noise, air pollution
and health issues, lower property values, detrimental effect on local
businesses, and decreased commerce at ADS.
The above perceived impacts appear to be based on the belief that
the Class B airspace modification would lead to an increased number of
IFR and VFR flights operating at lower altitudes than they do today.
This is incorrect. The Class B airspace modifications, including Area
F, are based on the need to contain existing large turbine-powered IFR
aircraft that are now operating below Class B airspace. It is important
to note that existing DAL IFR arrival and departure operating
altitudes, flight paths, traffic patterns, and procedures will not
change. As stated in the NPRM, the Area F modification will continue to
support IFR and VFR aircraft arriving and departing ADS as they do
today without compression and ensure large turbine-powered aircraft
flying instrument procedures to DAL runways 13L/13R are contained
within Class B airspace.
Five commenters argued that the FAA should not lower the Class B
airspace over the entire Addison Class D airspace area. They believed
it would create an unsafe condition with arrivals and departures to
from ADS from the north and east would be forced to operate at the
same, or close to the same altitudes; create the possibility of
unintentional airspace incursions; and have operational issues
associated with separation from the existing DAL traffic patterns at
1,600 feet MSL and 2,000 feet MSL. Additionally, one of the commenters
also argued that lowering the entire ADS Class D airspace to a 2,500-
foot MSL ceiling under the 3,000-foot MSL Class B airspace floor would
result in a wedge of uncontrolled airspace above ADS to the north and
east.
As noted in the NPRM, the FAA reduced the lateral dimensions of
Area F over the ADS Class D airspace to only extend from the 10-
nautical mile (NM) arc from the Point of Origin to the 13-NM arc from
the Point of Origin; matching the outer boundary with the adjacent Area
B outer boundary at 13-NM arc from the Point of Origin, and not overlay
the entire ADS Class D airspace. The ADS Class D airspace beyond the
13-NM arc is unchanged and the existing 3,000-foot MSL ceiling is
unaffected by this rule. By lowering only the portion of Class B
airspace necessary to contain aircraft flying instrument procedures to
DAL within Class B airspace [Area F] and retaining the existing
arrival/departure traffic flows, altitudes, and procedures, the
concerns that the ADS arrival/departure aircraft from the north and
east would be operating at the same altitudes are addressed. ADS
arrival and departure aircraft will be unaffected and are not expected
to create any unintentional Class B incursions or impact the two
existing ADS traffic patterns. Finally, the ADS Class D airspace beyond
the 13-NM arc of the Point of Origin will remain unchanged by this
airspace action.
Thirty commenters stated that VFR flights operating at ADS would be
compressed as a result of establishing Area F with a 2,500 feet MSL
floor over a portion of the ADS Class D airspace. They further argue
that this compression into less airspace at ADS, below Area F, could
result in the loss of operational flexibility and options for VFR
aircraft to vary from air traffic control (ATC) recommended arrival and
departure altitudes; the introduction of new flight safety hazards to
VFR pilots forced to fly 500 feet lower; a greater potential for midair
collision; and inadvertent incursions into Class B
[[Page 3316]]
airspace through the Area F 2,500-foot MSL floor. Lastly, they contend
that ADS departures at 2,000 feet MSL and arrivals at 2,500 feet MSL
today would be forced to operate at the same (or close to the same)
altitudes, which would reduce traffic separation for VFR pilots and
introduce a greater possibility of wake turbulence due to more large
aircraft flying at lower altitudes.
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 area in which
all aircraft are subject to certain operating rules and equipment
requirements. FAA directives require Class B airspace areas be designed
to contain all instrument procedures, and that air traffic controllers
vector aircraft as appropriate to remain within Class B airspace after
entry.
The FAA recognizes that VFR pilots electing to fly below the floor
of Class B airspace may be compressed. However, the airspace designated
as Area F with a 2,500-foot MSL floor over the ADS Class D airspace is
necessary to contain the large turbine-powered aircraft flying
instrument procedures to/from DAL within Class B airspace. The Dallas/
Fort Worth terminal area encompasses DFW (third busiest airport in the
U.S. with over 646,800 airport operations in 2011), DAL (over 179,190
airport operations in 2011), ADS (over 91,120 airport operations in
2011), plus numerous other airports situated in and around the terminal
area. These airport operations create a complex, high density airspace
environment containing a highly diverse mix of aircraft types and
aviation activities. In some areas, large turbine-powered aircraft and
non-participating VFR aircraft are flying simultaneously in the same
airspace. It is essential to segregate the large turbine-powered
aircraft arriving/departing DFW/DAL and the non-participating VFR
aircraft in the vicinity of ADS, who may not be communicating with ATC.
Additionally, it must be noted that there are no planned changes to
existing flight paths, altitudes, or procedures supporting ADS IFR/VFR
arrivals and departures. Due to the high volume of VFR traffic mixed
with IFR corporate aircraft, the Dallas Terminal Radar Control (TRACON)
(D10) will continue to sequence all arrivals to ADS. Aircraft on the
downwind also will continue to be sequenced inbound at 2,500 feet MSL
while IFR departures will be climbing to 2,000 feet MSL. VFR aircraft
will be assigned 2,000 feet MSL altitude initially until conflicts
between arrivals and departures are resolved. ADS departures (IFR/VFR)
will continue to be issued a 050 degree heading at 2,000 feet MSL to
avoid a tower located 8-miles east of ADS with a minimum vectoring
altitude (MVA) restriction of 2,200 feet MSL. While this obstruction
reduces multiple headings that could be used for departing and arriving
aircraft, the use of additional altitude segregation by local
procedures ensure flight safety in the area. VFR aircraft in the ADS
Class D airspace will continue to receive traffic advisories.
Consequently, some non-participating VFR aircraft may have to fly
further, or at different altitudes, in order to remain clear of the
modified Class B airspace. Ultimately, it is the pilot's responsibility
to evaluate all factors that could affect a planned flight and
determine the safest course of action whether it is circumnavigating
the Class B airspace, flying over or beneath the Class B airspace,
utilizing a charted VFR flyway, or requesting Class B clearance and
services from D10.
Seven commenters recommended that the FAA move the Area F outer
boundary over the ADS Class D airspace to an 11.5-NM arc of the Point
of Origin instead of the 13-NM mile arc that was proposed. The
requested boundary move would lower Class B airspace to 2,500 feet MSL
west of ADS only and was considered a reasonable alternative by the
commenters attempting to minimize the compression concerns while
containing the majority of large turbine-powered aircraft flying
instrument procedures to DFW and DAL within Class B airspace. Three
commenters asserted that the FAA's own radar data slides presented at
the Informal Airspace Meetings suggested that there was no need to
lower the Class B airspace floor east of ADS. One commenter stated that
moving the Area F outer boundary to an 11.5-NM arc from the Point of
Origin was consistent with the recommendation of the Ad Hoc Committee
and would provide easily-identified landmarks to aid VFR pilots in
identifying the boundary of the lowered Class B airspace; whereas, the
FAA's own proposal provided no such visual references for VFR pilots.
To address the counter-proposal submitted by the commenters to
limit Area F to an area between the 10-NM and 11.5-NM arcs from the
Point of Origin, the FAA accomplished new radar track data analysis and
modeling for DAL arrivals flying over the ADS Class D airspace. The FAA
determined that, on average, 209 aircraft per day landed at DAL from
the east over the ADS Class D airspace and an average of 130 aircraft
per day descended below 3,000 feet MSL over ADS between the 10-NM and
13-NM arcs from the Point of Origin. Of those 130 aircraft, an average
of 60 aircraft per day (approximately 45 percent) descended below 3,000
feet MSL outside an 11.5-NM arc from the Point of Origin. Therefore, if
Area F was limited to between the 10-NM and 11.5-NM arcs from the Point
of Origin, as recommended by the commenters, only 70 (out of 130)
aircraft arriving to DAL each day, on average, would be contained
within Class B airspace and 60 aircraft arriving to DAL each day, on
average, would continue to descend below Class B airspace into the ADS
Class D airspace area. Moving the outer boundary of Area F to an 11.5-
NM arc from the Point of Origin would not ensure containment of all
large turbine-powered aircraft flying instrument procedures to and from
DFW and DAL, as intended by this rule.
Because of the close proximity of the DFW, DAL and ADS airports,
access to the congested airspace northeast of DFW for aircraft not
landing or departing one of these airports is very limited. The FAA
determined that the number of VFR aircraft flying in the ADS Class D
airspace and not receiving any ATC flight services reached 2,500 feet
MSL in Area F less than twice per day, on average. The modeling also
revealed that aircraft landing and departing ADS, using existing
procedures, remained below the floor of Area F.
The FAA has confirmed that establishing Area F, between the 10 NM
and 13 NM arcs from the Point of Origin, will contain all the DAL
arrival aircraft conducting instrument procedures within Class B
airspace and that the 2,500-foot MSL Class B airspace floor will not
affect ADS IFR and VFR arrivals, departures, traffic flows, or
departure release procedures. Although the FAA is reclassifying a small
portion of the ADS Class D airspace to become part of Area F, the
operational procedures used today by the ADS tower and D10 will remain
unchanged. Access to ADS by VFR aircraft is also not impacted by Area F
because it is shadowed by existing Class B airspace (being renamed Area
C) with a 2,000 foot MSL floor from the southeast clockwise to the
north-northwest of ADS and by the existing Class B surface area (Area
A) from the southeast clockwise to the west-northwest of ADS. VFR
aircraft, not in contact with D10, that are arriving or departing ADS
must avoid Area C and the surface area that surround ADS from the
southeast clockwise to the north-northwest before Area F with its
2,500-foot MSL floor becomes a factor.
[[Page 3317]]
Lastly, the FAA acknowledges that the 13-NM arc from the Point of
Origin used to define the outer boundary for Area F does not share the
same opportunity for prominent visual landmarks as the counter-proposal
submitted by the commenters. The FAA remains supportive of using
prominent landmarks, when available, to describe airspace boundaries.
However, matching the outer boundary of Area F with the 13-NM arc outer
boundary of Area B has benefit too; it avoids potential confusion for
pilots faced with multiple arcs in a relatively confined area to define
differing Class B airspace subarea boundaries.
Three comments concerned lowering the floors of two areas of Class
B airspace southeast of DFW, Area D and Area I, to contain large
turbine-powered aircraft during arrival procedures to DAL runways 31L/
31R. Two of the commenters were concerned with compression and
circumnavigation associated with transitioning the area east and west
around Dallas Executive Airport (RBD) and Mesquite Airport (HQZ) (being
renamed Mesquite Metro Airport) past Area D lowered to 2,000 feet MSL
between the 15-NM and 20-NM arcs of the Point of Origin and Area I
lowered to 3,000 feet MSL between the 20-NM and 25-NM arcs of the Point
of Origin. One of these commenters added that lowering the Class B
airspace in this area reduces the separation between transitioning
aircraft and the aircraft operating at HQZ. The commenter argued
aircraft overflying uncontrolled airports are not required to monitor
frequencies at those locations and that would increase the potential
for loss of situational awareness and potential for a midair collision
among VFR pilots flying below Area D and Area I, but over HQZ. The
commenter suggested that the amount of traffic surrounding HQZ demanded
immediate attention for establishing Class D airspace around HQZ. The
third commenter argued that Area D and Area I were unnecessary and
addressed instrument procedure glideslope corrections, that are address
later in this rule.
The FAA recognizes that VFR pilots electing to fly below the floor
of Class B airspace may be compressed. However, the Dallas/Fort Worth
Class B airspace Area D and Area I subareas, with 2,000-foot MSL and
3,000-foot MSL floors, respectively, are necessary to contain large
turbine-powered aircraft flying instrument procedures to/from DAL
within Class B airspace and to segregate them from the VFR aircraft
flying outside Class B airspace. Non-participating VFR general aviation
aircraft have their choice of flying either above or below the Class B
airspace, or circumnavigating it by five to ten NM further southeast to
remain clear should they decide not to contact D10 to receive Class B
services.
As mentioned before, it is ultimately the pilot's responsibility to
evaluate all factors that could affect a planned flight and determine
the safest course of action whether it is circumnavigating the Class B
airspace, flying over or beneath the Class B airspace, utilizing a
charted VFR flyway, or requesting Class B services from D10.
The FAA agrees with the commenter that suggested establishing Class
D airspace around HQZ in the interest of flight safety. As such, the
FAA built a control tower at HQZ, which began providing limited traffic
advisory services in December of 2013, and published a final rule in
the Federal Register (78 FR 67296, November 12, 2013) establishing
Class D airspace around HQZ with an effective date of February 6, 2014.
The Class D airspace area extends upward from the surface up to but not
including 2,000 feet MSL, within a 3.5-mile radius of the Mesquite
Metro Airport, Mesquite, TX, with an extension from the 3.5-mile radius
to 4.1-miles south of the airport. The Mesquite, TX, Class D airspace
area and control tower, when open, will enhance the safety and
management of IFR and VFR operations at the airport with transient
traffic around HQZ.
Twenty six comments were received expressing flight safety concerns
associated with lowering the Class B airspace over ADS. Many of the
commenters alleged that the lower Class B airspace of Area F over ADS,
and the corresponding reduction of ADS Class D airspace, would
negatively impact the overall operational safety of the single engine
VFR operations at ADS. Eight commenters stated the limited amount of
available altitude in case of low-altitude emergencies raised the risk
of aircraft accidents. Seven commenters raised safety related concerns
as a result of their perceived reduction in vertical separation options
for aircraft operating at ADS. Four commenters argued there were
already numerous close calls at ADS and the reduced airspace under Area
F invited an increase in midair collisions. Three commenters criticized
that limited inbound and outbound routes to and from ADS would be
further constrained; whereas, one commenter each contended the lower
Class B airspace would force VFR aircraft to fly below the 1,000-foot
above ground level requirement over congested areas, would induce more
``head down'' operation and less ``see and avoid'' procedures, and
would put VFR aircraft at risk of cell towers and other low-altitude
obstructions near ADS.
The FAA disagrees with the flight safety related concerns presented
by the commenters because no arrival or departure flight paths,
altitudes, or operational procedures for IFR and VFR aircraft flying
to/from DAL or ADS are being changed as a result of Area F. Again, the
commenters' perceived flight safety impacts appear to be based on the
belief that the Area F Class B airspace modification over ADS would
lead to an increased number of IFR and VFR flights operating at lower
altitudes than they do today. Due to the high volume of VFR and IFR
aircraft operating in the vicinity of ADS, D10 will continue to
sequence all arrivals and departures to and from ADS.
Mixing DAL IFR arrivals and VFR aircraft outside the Class B
airspace presents a hazard to safety. This rule addresses the safety
impact of large turbine-powered aircraft arriving to DAL that routinely
entered, exited, and then re-entered Class B airspace, while being
vectored and flying instrument procedures to DAL runways 13L/13R over
ADS, as well as to DAL runways 31L/31R from the southeast. The FAA
believes that the Class B design in this rule establishes the minimum
Class B airspace required for containment of large turbine-powered
aircraft flying instrument procedures to/from DFW and DAL, while
leaving as much airspace as possible for IFR and VFR flight operations
in the ADS area, outside Class B airspace.
Twenty-nine commenters raised noise concerns related to the Area F
being established over a portion of the ADS Class D airspace area.
Commenters stated, ``increased noise pollution will reduce property
values,'' ``increase noise will make it less desirable to dine outdoors
in a community where restaurants are the largest contributor to sales
tax,'' ``with the increase in air traffic planned for DAL, the
frequency of jet traffic noise will increase to levels that are
unacceptable,'' and ``this modification would create a significant
increase in noise and general disturbance over a highly populated
residential area.'' One commenters also requested a new review and
updated environmental impact study or noise study be accomplished since
a long time had passed from when the Class B modifications were
originally proposed.
The FAA does not agree because the Class B airspace being lowered
over ADS is not associated with any changes to traffic flows,
altitudes, or procedures; but rather, the containment of existing
aircraft operations within Class B
[[Page 3318]]
airspace. The FAA believes that the submitted noise concerns presume an
increased number of aircraft would be overflying ADS and that aircraft
would be flying at lower altitudes over the communities surrounding
ADS. Aircraft are already flying in the areas and at the same altitudes
they will be after Area F is established. The Class B airspace
modification over ADS is being accomplished purely to contain existing
large turbine-powered aircraft flying instrument procedures, and their
associated traffic patterns, to/from DFW and DAL within Class B
airspace. The Class B airspace modification over ADS is simply an
airspace classification change from Class D to Class B and will not
have any impact on noise.
The FAA completed its environmental review and Categorical
Exclusion Declaration on May 1, 2013, in support of the Dallas/Fort
Worth Class B airspace modifications. In accordance with FAA Order
1050.1, Environmental Impacts: Policies and Procedures, paragraph 311a,
rulemaking actions that modify Class B airspace are categorically
excluded from the requirement to prepare an environmental assessment or
environmental impact statement. The FAA determined that there were no
extraordinary circumstances that would necessitate further
environmental review since the flight tracks and altitudes used will
not change as a result of the Class B airspace modifications and
aircraft will continue to fly the same flight tracks, patterns, and
altitudes that they fly today. There are no adverse effects on any of
the environmental impact categories required to be analyzed in
accordance with FAA Order 1050.1, nor are there any cumulative impacts.
Eleven commenters argued lowering the Class B airspace over ADS
would have a negative economic impact to ADS, the residents in the
area, and to the North Dallas region. They were concerned that
reclassifying a portion of ADS Class D airspace as Class B would impact
ADS economically by serving as a disincentive to current/future ADS
customers to remain at ADS and result in them going elsewhere less
congested and impact local business success in the area. They were also
concerned that the business and commerce attractiveness of ADS to
businesses outside the Dallas County/North Texas region would be
decreased and that lower property values of the residential communities
surrounding ADS would result.
The FAA disagrees that establishing Area F over ADS will cause the
economic impacts raised by the commenters. The Area F 2,500-foot MSL
Class B airspace floor over the Addison Class D airspace area will have
no effect on ADS IFR or VFR arrivals, departures, altitudes, traffic
flows, or departure release procedures. Additionally, the IFR aircraft
arriving and departing DFW and DAL will continue to fly the same flight
tracks, patterns, and altitudes that they fly today.
As noted previously, Area F is shadowed by Area C, with its 2,000-
foot MSL floor, and Area A, the surface area, from the southeast
clockwise to the west-northwest of ADS. Any perceived aerial access
impacts to ADS, caused by Area F, are overcome by the requirements for
aircraft to avoid these previously existing Class B airspace subareas.
Modeling did show that on average less than 3 VFR aircraft per day,
squawking 1200, flew at lower altitudes for short periods of time, but
these aircraft were determined to be VFR practice aircraft and not
receiving sequencing ATC services for arrival or departure. As such,
the FAA does not expect IFR or VFR operators to cease operating at ADS,
does not expect IFR and VFR aircraft to fly lower than they currently
do, and does not expect an increase in large turbine-powered aircraft
operations at DAL. Therefore, the FAA does not find that Area F has any
economic impact to the airport, the local community, or the North
Dallas region, as argued by the commenters.
Two commenters offered that the need to lower Class B airspace to
contain large turbine-powered aircraft could be averted by raising the
glide paths for the Instrument Landing System (ILS) and Area Navigation
(RNAV) approaches to DAL. One commenter also argued that DAL is not a
primary airport of the Dallas/Fort Worth Class B airspace area and that
lowering the Class B airspace southeast of DFW to contain aircraft
flying DAL approaches is a misuse of aviation regulations. The
commenter suggested raising the published altitudes on ILS and RNAV
procedures to DAL runways 31L/31R (in essence raising the approach
glideslopes from the standard 3 degree angle) to overcome DAL arrivals
not being contained in Class B airspace. The second commenter's focus
was the airspace over the Addison Class D airspace and simply requested
the FAA consider raising the approach procedure glideslopes to DAL
runways 13L/13R before seeking an airspace solution to containing DAL
arrival aircraft within Class B airspace.
The FAA acknowledges that DAL is not listed as a primary airport in
the Dallas/Fort Worth Class B airspace description, but disagrees that
it is inappropriate to lower the Class B airspace southeast of DFW to
contain the aircraft flying instrument procedures to DAL within Class B
airspace. As noted in the NPRM, the FAA revoked the Airport Radar
Service Area (ARSA) surrounding DAL and incorporated the airport and
its airspace into the surface area of the Dallas Fort-Worth Terminal
Control Area (TCA) [Class B airspace today] in 1992. The FAA took this
action in the interest of flight safety as a result of the complex mix
of aircraft operating in the Dallas/Fort Worth terminal flying
environment and to lower the risk of midair collisions in the airspace
around DFW and DAL; thereby reducing the chance of casualty loss (i.e.
aviation fatalities and injuries). Revoking the DAL ARSA and making the
airspace part of the Dallas-Fort Worth TCA was expected to result in
increased safety in the entire TCA [Class B airspace today] and it has.
As such, the FAA continues to consider the midair collision avoidance
and airspace requirements associated with Class B airspace to apply to
the operations at DFW and DAL, when addressing the Dallas/Fort Worth
terminal airspace area.
The FAA re-evaluated the suggestion to raise the ILS and RNAV
approach procedure glideslopes into DAL and does not agree. Raising the
existing 3 degree approach procedure glideslopes, in lieu of lowering
Class B airspace, was considered previously when the proposal was
developed and in response to pre-NPRM public input. In order to retain
the current traffic flows in Class B airspace without the proposed
modifications, the instrument procedure glideslope angles to the DAL
runways 13L/13R and 31L/R would have to be raised in excess of 3.1
degrees; resulting in the loss of approach minimums for category D and
E aircraft. A 3 degree glideslope angle for instrument procedures is
the standard for safety.
Another commenter suggested the need for lower Class B airspace
floors could be addressed by raising the glide paths for the instrument
approaches to DAL using an extension of the Optimized Profile Descent
for the close-in terminal area and creating a two-stage glideslope
approach. The commenter offered that by flying an average 6 degree
descent angle initially, aircraft would no longer be forced to fly
shallow paths to the airport. Then, since jets are not as responsive as
light general aviation aircraft, the aircraft would transition to a
standard 3 degree glide path at some pre-determined distance from the
runway, most likely 1,500 feet to 1,000 feet AGL and 1 NM prior to
passing the final approach fix.
[[Page 3319]]
This suggestion for a two-stage glideslope approach would require a
revision of instrument flight procedures and the development of new or
additional glideslope equipment, which may not be technically feasible
and/or may involve flight safety issues. As such, it is outside the
scope of this rule.
Five commenters were concerned that lower Class B airspace,
primarily over ADS, would cause a related increase in ATC workload to
ensure flight safety. One commenter asserted that the lower Class B
airspace floors would force pilots to participate with D10, which often
time could not handle the load they already have, while another
commenter stated that sometimes controllers are too busy to offer
clearances through the Class B airspace. A third commenter was
concerned that the lower Class B airspace at ADS would result in more
departure holds, as well as increased vectoring for arrivals and
departures to and from ADS.
The FAA remains committed to providing Class B airspace services to
all National Airspace System (NAS) users operating in the airspace
surrounding DFW, DAL, and ADS in a manner that keeps the Dallas/Fort
Worth terminal area safe for all users. As mentioned earlier, 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 area in which all
aircraft are subject to certain operating rules and equipment
requirements.
Based on historical data and forecast trends, the average D10 daily
traffic count includes 1,515 air carrier, 764 air taxi, 445 general
aviation, 51 military IFR operations and 421 VFR operations. In 2012,
D10 provided Class B services to approximately 200 VFR aircraft
operations per day. When VFR aircraft request Class B services, they
are initially told to remain outside the Class B airspace until radar
identification is established; oftentimes, this is misunderstood as
denial of Class B services. D10 routinely provides Class B airspace
clearances and services to VFR aircraft requesting access into and
through the Dallas/Fort Worth Class B airspace on a workload permitted
basis when the arrival/departure traffic volume and airspace capacity
conditions enable doing so safely. Lastly, it should be noted that the
existence of Class B airspace has no impact on IFR delays or aircraft
vectoring, the determining factors for these activities are normally
traffic volume and weather.
Three commenters suggested that the FAA should establish VFR routes
through the Dallas/Fort Worth Class B airspace area over Dallas and
Fort Worth to retain efficiency, safety and access for all operators.
Two of the commenters offered that the transition routes would allow
VFR aircraft to navigate through the Class B airspace without adding
additional burden to the controllers and provide a predictable routing
for the VFR pilots. The third commenter stated that flying the existing
VFR transition routes is very time consuming and involves flying in
congested airspace, and that the routes are exceedingly frustrating to
transition safely and legally given the number of Class D and
uncontrolled airports that must be transitioned.
The FAA interpreted the commenters' suggestion to mean they were
recommending VFR corridors through the Class B airspace area and
acknowledges that VFR corridors provide general aviation flight paths
for pilots planning flights into, out of, or through complex terminal
airspace so as to avoid Class B airspace. However, the FAA has
determined establishing VFR corridors over DFW and DAL through the
Class B airspace surface area is not feasible and would result in
adverse impacts to the arrival and departure flows, and associated
traffic patterns, supporting DFW and DAL operations. Specifically, DFW
and DAL fan departures off their airports covering as much as 220
degrees around the compass in a north flow and 250 degrees around the
compass in a south flow. Depending upon the runway configuration in
use, low altitude VFR corridors, as suggested, would conflict with the
over 1,250 departures from DFW and DAL daily, on average, and force
departures to be restricted below the corridor altitude(s) until clear
of the corridor. Additionally, the geographic relationship between DFW,
DAL, and ADS, as well as HQZ, RBQ, Grand Prairie, Arlington, Ft Worth
Meacham International, and Ft Worth Alliance airports, with their
arrival and departure flows, does not support establishing VFR
corridors through the Dallas/Fort Worth Class B airspace area.
The FAA recognizes that using the existing flyways takes more time
to fly around the DFW and DAL area than flying directly through it, but
does not agree that the existing VFR flyways are difficult to
transition safely or legally. The Class B airspace floors over the low
altitude VFR flyways are not changing and the flyways remain unaffected
by this rule. There are two VFR flyways that route north and south, one
located east and one located west of DFW and DAL, and four VFR flyways
that route east and west, two located north and two located south of
DFW and DAL. These six VFR flyways surround DFW and DAL and provide
both low and high altitude route alternatives to circumnavigate the
Class B airspace area for those pilots that opt not to request ATC
services through Class B airspace from D10.
Bell Helicopter requested that the FAA modify the Class B airspace
surface area, Area A. Bell Helicopter advised that they plan to move
their training area back to an area southwest of DFW, near where they
previously conducted helicopter training, and expand their facility to
support a training program conducting 3,500 flight hours per year. They
requested the FAA modify the Class B airspace surface area to exclude a
portion of airspace southwest of DFW extending upward from the surface
to and including 1,500 feet MSL in the area south of State Highway 10
and west of the Texas Star Golf Course. The requested exclusion would
support a helicopter training area near the area Bell Helicopter
operated at from the mid 1970's through 2006.
The FAA evaluated Bell Helicopter's request and determined that the
Class B airspace surface area modification can be incorporated, as
requested, without compromising the containment of large turbine-
powered IFR aircraft conducting instrument procedures within Class B
airspace. As a result of Bell Helicopter's modification request and
details of their impending helicopter training program, the FAA is
modifying the Dallas/Fort Worth Class B airspace surface area to
include an exclusion of airspace as described below in the ``Difference
From the NPRM'' section. This modification supports Bell Helicopter's
returning training program in the area; enables ATC to stay focused on
the arrival, departure, and overflight aircraft operating in the DFW
terminal area; addresses ATC frequency congestion issues; and reduces
the potential for unauthorized airspace incursions without impacting
the containment of large turbine-powered IFR aircraft conducting
instrument procedures within Class B airspace.
Differences From the NPRM
The description of the subarea A has been modified from that
proposed in the NPRM. In light of public input, the FAA evaluated a
request to exclude a portion of airspace located southwest of DFW from
the Class B airspace surface area and determined the airspace exclusion
could be incorporated without effecting containment of large turbine-
powered aircraft flying instrument procedures to
[[Page 3320]]
and from DFW and DAL within Class B airspace. This is accomplished by
excluding the a small portion of airspace located southwest of DFW,
bounded by the surface area boundary, State Highway 10, and the western
boundary of the Texas Star Golf Course, from the surface to and
including 1,500 feet MSL, from Area A. The revised surface area
description is listed in the ``Adoption of the Amendment'' section,
below.
The Rule
The FAA is amending Title 14 of the Code of Federal Regulations (14
CFR) part 71 to modify the Dallas/Fort Worth, TX, Class B airspace
area. This action lowers the floor of Class B airspace in four areas,
redefines the northern boundary, and incorporates an exclusion of a
small area of airspace within the Class B surface area. The first area,
Area J lowers a portion Class B airspace located northwest of DFW
between 23-NM and 30-NM arcs from the Point of Origin from 5,000 feet
MSL to 4,000 feet MSL. The second area, Area F, lowers a portion of
Class B airspace northeast of DFW between the 10-NM and 13-NM arcs from
the Point of Origin from 3,000 feet MSL to 2,500 feet MSL. The third
area, Area D, lowers a portion of Class B airspace located southeast of
DAL between the 15-NM and 20-NM arcs from the Point of Origin from
2,500 feet MSL to 2,000 feet MSL. And, the fourth area, Area I, lowers
a portion of Class B airspace located southeast of DAL between the 20-
NM and 25-NM arcs from the Point of Origin from 4,000 feet MSL to 3,000
feet MSL. This action also redefines the northern boundary of the Class
B airspace area using the Ray Roberts Lake dam. Lastly, in response to
public input to the NPRM, an exclusion of a small portion of airspace
located southwest of DFW is incorporated in the Class B airspace
surface area. The Class B airspace ceiling remains unchanged. These
modifications to the Dallas/Fort Worth Class B airspace area provide
the minimum airspace necessary to contain existing large turbine-
powered aircraft flying the instrument procedures to and from DFW and
DAL within the confines of Class B airspace.
Except for Area A, which extends upward from the surface to and
including 11,000 feet MSL within an area surrounding DFW and DAL, the
descriptions of all other subareas that make up the Dallas/Fort Worth
Class B airspace area are reconfigured, re-described, and realigned by
geographic position in relation to the point of origin, rather than the
previous practice of combining geographically separate areas that share
a common altitude floor into one large, complex subarea description.
This action modifies the original eight Dallas/Fort Worth Class B
subareas (A through H) and adds six new subareas (I through N). The
modifications to the Dallas/Fort Worth Class B airspace, by subarea,
are outlined below.
Area A. Area A is the surface area that extends from the surface up
to 11,000 feet MSL. The FAA is incorporating an exclusion of the
airspace located southwest of DFW bounded by the surface area boundary,
State Highway 10, and the western boundary of the Texas Star Golf
Course, from the surface to an including 1,500 feet MSL, in this
portion of Class B airspace.
Area B. Area B extends upward from 2,000 feet MSL to 11,000 feet
MSL in the Class B airspace contained in the previous Area B
description that is located north, west, and south of DFW. The FAA is
not changing this portion of Class B airspace.
Area C. Area C extends upward from 2,000 feet MSL to 11,000 feet
MSL in the remaining Class B airspace contained in the previous Area B
description that is located east of DFW. The FAA is not changing this
portion of Class B airspace.
Area D. Area D is a new area extending upward from 2,000 feet MSL
to 11,000 feet MSL located southeast of DAL from the Cowboy VOR/DME
(CVE) 117[deg] radial clockwise to the 129[deg] bearing from the Point
of Origin, between 15-NM and 20-NM of the Point of Origin. This new
area lowers a portion of Class B airspace contained in the previous
Area C description, located south of the CVE 117[deg] radial, by 500
feet to overcome aircraft arriving DAL runways 31R and 31L from the
southeast exiting the bottom of Class B airspace with a 2,500-foot MSL
floor, flying under the Class B airspace area, and then reentering the
side of the Class B airspace surface area.
Area E. Area E extends upward from 2,500 feet MSL to 11,000 feet
MSL in the remaining Class B airspace contained in the previous Area C
description that is not incorporated in the new Area D described above.
The FAA is not changing this portion of Class B airspace.
Area F. Area F is a new area extending upward from 2,500 feet MSL
to 11,000 feet MSL located northeast of DFW from the 023[deg] bearing
from the Point of Origin clockwise to Interstate I-635, between 10-NM
and 13-NM of the Point of Origin. This new area lowers a portion of
Class B airspace contained in the previous Area D description, located
northeast of DFW, by 500 feet to overcome aircraft arriving DAL runways
13R and 13L from the northeast exiting the bottom of Class B airspace
with a 3,000-foot MSL floor, flying through the ADS Class D airspace,
and then reentering the side of Class B airspace with a 2,000-foot MSL
floor or the side of the Class B airspace surface area.
Area G. Area G extends upward from 3,000 feet MSL to 11,000 feet
MSL in the Class B airspace contained in the previous Area D
description that is located south of DFW. The FAA is not changing this
portion of Class B airspace.
Area H. Area H extends upward from 3,000 feet MSL to 11,000 feet
MSL in the remaining Class B airspace contained in the previous Area D
description that is located north of DFW and not incorporated in the
new Area F described above. The FAA is not changing this portion of
Class B airspace.
Area I. Area I is a new area extending upward from 3,000 feet MSL
to 11,000 feet MSL located southeast of DAL from the Cowboy VOR/DME
(CVE) 117[deg] radial clockwise to the 129[deg] bearing from the Point
of Origin, between 20-NM and 25-NM of the Point of Origin. This new
area lowers a portion of Class B airspace contained in the previous
Area E description by 1,000 feet to overcome aircraft arriving DAL
runways 31R and 31L from the southeast exiting the bottom of Class B
airspace with a 4,000-foot MSL floor, flying under the Class B airspace
area, and then reentering the side of Class B airspace with a 2,500-
foot MSL floor.
Area J. Area J extends upward from 4,000 feet MSL to 11,000 feet
MSL in the remaining Class B airspace contained in the previous Area E
description that is not incorporated in the new Area I described above
and a portion of Class B airspace contained in the previous Area G
description, located northwest of the 311[deg] bearing from the Point
of Origin. This new area lowers the portion of Class B airspace
contained in the previous Area G description by 1,000 feet to overcome
aircraft arriving DFW runways 13R and 13L from the northwest exiting
the bottom of the Class B airspace with a 5,000-foot MSL floor, flying
under the Class B airspace area, and then reentering the side of the
Class B airspace with a 4,000-foot MSL floor.
Area K. Area K extends upward from 4,000 feet MSL to 10,000 feet
MSL in the Class B airspace contained in the previous Area F
description that is located south of DFW. The FAA is not changing this
portion of Class B airspace.
[[Page 3321]]
Area L. Area L extends upward from 4,000 feet MSL to 10,000 feet
MSL in the remaining Class B airspace contained in the previous Area F
description that is located north of DFW. The FAA is extending the
northern boundary further north to intercept the southern-most point of
the Ray Roberts Lake dam for visual reference.
Area M. Area M extends upward from 5,000 feet MSL to 11,000 feet
MSL in the remaining portion of Class B airspace contained in the
current Area G that is not incorporated in the new Area J described
above. The FAA is not changing this portion of Class B airspace.
Area N. Area N extends upward from 6,000 feet MSL to 11,000 feet
MSL in the Class B airspace contained in the previous Area H
description. The FAA is not changing this Class B airspace.
Finally, this action updates the DFW airport reference point (ARP)
coordinates and includes the Cowboy VOR/DME (CVE) navigation aid
information in the Class B airspace legal description to reflect
current National Airspace System data.
Implementation of these modifications to the Dallas/Fort Worth
Class B airspace area ensure the containment of instrument procedures
and large turbine-powered aircraft flying those procedures within Class
B airspace, as required by FAA directives, and enhance the efficient
use of the airspace, the management of aircraft operations, and flight
safety in the DFW and DAL terminal area.
All radials and bearings listed in the Dallas/Fort Worth Class B
airspace description in this rule are stated in degrees relative to
True North. Additionally, all geographic coordinates are stated in
degrees, minutes, and seconds based on North American Datum 83.
Class B airspace areas are published in paragraph 3000 of FAA Order
7400.9X, Airspace Designations and Reporting Points, dated August 7,
2013, and effective September 15, 2013, which is incorporated by
reference in 14 CFR section 71.1. The Class B airspace area listed in
this document would be published subsequently in the Order.
Environmental Review
The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1E, ``Environmental Impacts: Policies and
Procedures,'' paragraph 311a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.
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 final
rule.
Regulatory Evaluation Summary
Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 and Executive Order 13563 direct
that each Federal agency shall propose or adopt a regulation only upon
a reasoned determination that the benefits of the intended regulation
justify its costs. Second, the Regulatory Flexibility Act of 1980 (Pub.
L. 96-354) requires agencies to analyze the economic impact of
regulatory changes on small entities. Third, the Trade Agreements Act
(Pub. L. 96-39) prohibits agencies from setting standards that create
unnecessary obstacles to the foreign commerce of the United States. In
developing U.S. standards, the Trade Act requires agencies to consider
international standards and, where appropriate, that they be the basis
of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4) requires agencies to prepare a written assessment of
the costs, benefits, and other effects of proposed or final rules that
include a Federal mandate likely to result in the expenditure by State,
local, or tribal governments, in the aggregate, or by the private
sector, of $100 million or more annually (adjusted for inflation with
base year of 1995). This portion of the preamble summarizes the FAA's
analysis of the economic impacts of this final rule.
The FAA has, therefore, determined that this final 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.
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 final rule. The reasoning
for this determination follows.
This action proposes to modify the DFW Class B airspace area to
ensure the containment of large turbine-powered aircraft flying
instrument procedures to and from the Dallas/Fort Worth International
Airport and Dallas Love Field Airport within Class B airspace, reduce
controller workload and reduce the potential for near midair collision
in the DFW terminal area. This action lowers the Class B airspace floor
in some sections to encompass existing IFR traffic. Lowering the floor
of the Class B airspace will increase safety by segregating large
turbine-powered aircraft from aircraft that may not be in contact with
ATC. It will reduce air traffic controller workload by reducing the
number of radio communications that air traffic controllers must use to
inform IFR aircraft when they are leaving and re-entering Class B
airspace. This will reduce the amount of distraction that air traffic
controllers face in issuing these communications and free radio time
for more important control instructions. IFR traffic will not be
rerouted as a result of this proposal.
The airspace restructuring will result in safety benefits and
increased operational efficiencies. This final rule will enhance safety
by reducing the number of aircraft entering, exiting, and reentering
Class B airspace and consequently reducing air traffic controller
workload and radio frequency congestion. By expanding the Class B area
where aircraft are subject to certain operating rules and equipment
requirements this final rule will also reduce the potential for midair
collisions. The modification of the Class B airspace will provide
operational advantages as well by establishing necessary airspace for
controllers to sequence aircraft within Class B airspace and thereby
reduce the need for controllers to vector arrivals and departures to
avoid nonparticipating traffic. The change may cause some VFR pilots to
have to choose between flying below Class B airspace, circumnavigating
the Class B airspace area, or requesting Class B clearance to
transition the area. If these responses occur then some alternative
routes will be longer, take more time, and burn more fuel. However, due
to the specific restructuring, we do not anticipate that such VFR
flights will have to travel far to circumnavigate the new Class B
airspace.
The FAA expects an increase in safety and some operational
efficiencies from the larger Class B airspace to be offset slightly by
possible VFR reroutings, which will result in minimal cost
[[Page 3322]]
overall. This final rule will not require updating of materials outside
the normal update cycle, and will not require rerouting of IFR traffic.
The expected outcome will be a minimal impact with positive net
benefits.
The FAA did request comments about the FAA determination of minimal
impact in the NPRM. The FAA received no comments on this determination
of minimal impact in the NPRM.
Although the FAA received no comments specifically related to the
above determination several commenters, as described earlier in this
Preamble, expressed a concern about possible adverse economic impacts,
including an increase in aircraft noise as a result of the proposed
rule. As discussed earlier in this preamble, these perceived impacts
appear to be based on the belief that the Class B airspace modification
would lead to an increased number of IFR and VFR flights operating at
lower altitudes than they do today. The FAA finds that existing DAL IFR
arrival and departure altitudes, flight paths, traffic patterns and
procedures will not change. As noted in the NPRM, the Area F
modification will continue to support IFR and VFR aircraft arriving and
departing ADS as they do today without compression and ensure large
turbine-powered aircraft flying instrument procedures to DAL runways
13L/13R are contained within Class B airspace.
Therefore, the FAA expects that the outcome of this final rule will
be a minimal impact with positive benefits.
Final 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.
As stated in the NPRM, the proposed rule would improve safety and
efficiency by redefining Class B airspace boundaries and would have
imposed only minimal costs because it would not have required rerouting
of IFR traffic, could possibly have caused some VFR aircraft to travel
alternative routes that were not expected to be appreciably longer than
with the current airspace design, and would not have required updating
of materials outside the normal update cycle. Therefore, the expected
outcome would have been a minimal economic impact on small entities
affected by the proposed rulemaking action.
In the NPRM, the FAA certified that the proposed rule would not
have a significant impact on a substantial number of small entities.
The FAA solicited comments regarding this determination in the NPRM.
Specifically, the FAA requested comments on whether the proposed rule
would create any specific compliance costs unique to small entities
with detailed economic analysis to support any cost claims. The FAA
also invited comments regarding other small entity concerns with
respect to the proposed rule. The FAA received no comments on this
determination.
If an agency determines that a rulemaking will not result in a
significant economic impact on a substantial number of small entities,
the head of the agency may so certify under section 605(b) of the RFA.
Therefore, as provided in section 605(b), the head of the FAA certifies
that this rulemaking will not result in a significant economic impact
on a substantial number of small entities.
International Trade Impact Assessment
The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing standards or engaging in related activities
that create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to these Acts, the establishment of standards is not
considered an unnecessary obstacle to the foreign commerce of the
United States, so long as the standard has a legitimate domestic
objective, such as the protection of safety, and does not operate in a
manner that excludes imports that meet this objective. The statute also
requires consideration of international standards and, where
appropriate, that they be the basis for U.S. standards.
The FAA assessed the potential effect of the proposed rule in the
NPRM and determined that it would have only a domestic impact and
therefore no effect on international trade. The FAA received no
comments on this determination.
Therefore the FAA determines that this final rule will have only a
domestic impact and therefore no effect on international 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 $151.0 million in lieu of $100
million. This final rule does not contain such a mandate; therefore,
the requirements of Title II of the Act do not apply.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:
PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS;
AIRWAYS; ROUTES, AND REPORTING POINTS
0
1. The authority citation for part 71 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.
Sec. 71.1 [Amended]
0
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9X, Airspace Designations and
Reporting Points, dated August 7, 2013, and effective September 15,
2013, is amended as follows:
[[Page 3323]]
Paragraph 3000 Class B Airspace.
* * * * *
ASW TX B Dallas/Fort Worth, TX
Dallas/Fort Worth International Airport (Primary Airport)
(Lat. 32[deg]53'49'' N., long. 97[deg]02'17'' W.)
Point of Origin
(Lat. 32[deg]51'57'' N., long. 97[deg]01'41'' W.)
Cowboy VOR/DME (CVE)
(Lat. 32[deg]53'25'' N., long. 96[deg]54'14'' W.)
Boundaries
Area A. That airspace extending upward from the surface to and
including 11,000 feet MSL within an area bounded by a line beginning
at the intersection of the 10-NM radius from the Point of Origin and
Josey Lane at lat. 32[deg]59'08'' N., long. 96[deg]53'26'' W.,
thence southbound along Josey Lane to intersect Forest Lane at lat.
32[deg]54'34'' N., long. 96[deg]52'54'' W., thence eastbound along
Forest Lane to intersect the 15-NM radius from the Point of Origin
at lat. 32[deg]54'33'' N., long. 96[deg]44'07'' W., thence clockwise
along the 15-NM radius to intersect the 129[deg] bearing from the
Point of Origin at lat. 32[deg]42'29'' N., long. 96[deg]47'52'' W.,
thence northwest along the 129[deg] bearing to intersect I-30 at
lat. 32[deg]46'04'' N., long. 96[deg]53'07'' W., thence west along
I-30 to intersect the 7-NM radius from the Point of Origin at lat.
32[deg]45'34'' N., long. 97[deg]05'07'' W., thence clockwise along
the 7-NM radius to intersect the 310[deg] bearing from the Point of
Origin at lat. 32[deg]56'27'' N., long. 97[deg]08'03'' W., thence
northwest along the 310[deg] bearing to intersect the 10-NM radius
from the Point of Origin at lat. 32[deg]58'23'' N., long.
97[deg]10'47'' W., thence clockwise along the 10-NM radius to the
point of beginning; excluding that airspace extending upward from
the surface to and including 1,500 feet MSL within the area bounded
by a line beginning at the intersection of the 7-NM radius from the
Point of Origin and State Highway 10 at lat. 32[deg]48'39'' N.,
long. 97[deg]09'01'' W.; thence eastbound along State Highway 10 to
lat. 32[deg]49'22'' N., long. 97[deg]07'03'' W.; thence south to
intersect the 7-NM radius from the Point of Origin at lat.
32[deg]46'38'' N., long. 97[deg]07'06'' W.; thence clockwise along
the 7-NM radius from the Point of Origin to State Highway 10 at lat.
32[deg]48'39'' N., long. 97[deg]09'01'' W.
Area B. That airspace extending upward from 2,000 feet MSL to
and including 11,000 feet MSL within an area bounded by a line
beginning at the intersection of the 10-NM radius from the Point of
Origin and the 310[deg] bearing from the Point of Origin at lat.
32[deg]58'23'' N., long. 97[deg]10'47'' W., thence southeast along
the 310[deg] bearing to intersect the 7-NM radius from the Point of
Origin at lat. 32[deg]56'27'' N., long. 97[deg]08'03'' W., thence
counterclockwise along the 7-NM radius to intersect I-30 at lat.
32[deg]45'34'' N., long. 97[deg]05'07'' W., thence east along I-30
to intersect the 129[deg] bearing from the Point of Origin at lat.
32[deg]46'04'' N., long. 96[deg]53'07'' W., thence southeast on the
129[deg] bearing to intersect the 10-NM radius from the Point of
Origin at lat. 32[deg]45'38'' N., long. 96[deg]52'28'' W., thence
clockwise along the 10-NM radius to intersect SH-303 at lat.
32[deg]42'23'' N., long. 96[deg]58'18'' W., thence west along SH-303
to intersect the 10-NM radius from the Point of Origin at lat.
32[deg]42'29'' N., long. 97[deg]05'30'' W., thence clockwise along
the 10-NM radius to intersect the 300[deg] bearing from the Point of
Origin at lat. 32[deg]56'57'' N., long. 97[deg]11'58'' W., thence
northwest along the 300[deg] bearing to intersect the 13-NM radius
from the Point of Origin at lat. 32[deg]58'27'' N., long.
97[deg]15'04'' W., thence clockwise along the 13-NM radius to
intersect the 023[deg] bearing from the Point of Origin at lat.
33[deg]03'56'' N., long. 96[deg]55'38'' W., thence southwest along
the 023[deg] bearing to intersect the 10-NM radius from the Point of
Origin at lat. 33[deg]01'10'' N., long. 96[deg]57'02'' W., thence
counterclockwise along the 10-NM radius to the point of beginning.
Area C. That airspace extending upward from 2,000 feet MSL to
and including 11,000 feet MSL within an area bounded by a line
beginning at the intersection of the 10-NM radius from the Point of
Origin and Josey Lane at lat. 32[deg]59'08'' N., long.
96[deg]53'26'' W., thence southbound along Josey Lane to intersect
Forest Lane at lat. 32[deg]54'34'' N., long. 96[deg]52'54'' W.,
thence eastbound along Forest Lane to intersect the 15-NM radius
from the Point of Origin at lat. 32[deg]54'33'' N., long.
96[deg]44'07'' W., thence counter-clockwise along the 15-NM radius
to intersect I-635 at lat. 32[deg]54'42'' N., long. 96[deg]44'09''
W., thence west along I-635 to intersect the 10-NM radius from the
Point of Origin at lat. 32[deg]55'25'' N., long. 96[deg]50'32'' W.,
thence counterclockwise along the 10-NM radius to the point of
beginning.
Area D. That airspace extending from 2,000 feet MSL up to and
including 11,000 feet MSL within an area bounded by a line beginning
at the intersection of the CVE 117[deg] radial and the 15-NM radius
from the Point of Origin at lat. 32[deg]49'06'' N., long.
96[deg]44'12'' W., thence clockwise along the 15-NM radius to
intersect the 129[deg] bearing from the Point of Origin at lat.
32[deg]42'29'' N., long. 96[deg]47'52'' W., thence southeast along
the 129[deg] bearing to intersect the 20-NM radius from the Point of
Origin at lat. 32[deg]39'19'' N., long. 96[deg]43'16'' W., thence
counterclockwise along the 20-NM radius to intersect the CVE
117[deg] radial at lat. 32[deg]46'45'' N., long. 96[deg]38'46'' W.,
thence northwest along the CVE 117[deg] radial to the point of
beginning.
Area E. That airspace extending upward from 2,500 feet MSL to
and including 11,000 feet MSL within an area bounded by a line
beginning at the intersection of I-635 and the 15-NM radius from the
Point of Origin at lat. 32[deg]54'42'' N., long. 96[deg]44'09'' W.,
thence clockwise along the 15-NM radius to intersect the CVE
117[deg] radial at lat. 32[deg]49'06'' N., long. 96[deg]44'12'' W.,
thence southeast along the CVE 117[deg] radial to intersect the 20-
NM radius from the Point of Origin at lat. 32[deg]46'45'' N., long.
96[deg]38'46'' W., thence counterclockwise along the 20-NM radius to
intersect I-635 at lat. 32[deg]50'40'' N., long. 96[deg]38'03'' W.,
thence northwest along I-635 to the point of beginning.
Area F. That airspace extending upward from 2,500 feet MSL, to
and including 11,000 feet MSL within an area bounded by a line
beginning at the intersection of the 023[deg] bearing from the Point
of Origin and the 13-NM radius from the Point of Origin at lat.
33[deg]03'56'' N., long. 96[deg]55'38'' W., thence clockwise along
the 13-NM radius to intersect I-635 at lat. 32[deg]55'26'' N., long.
96[deg]46'49'' W., thence west along I-635 to intersect the 10-NM
radius from the Point of Origin at lat. 32[deg]55'25'' N., long.
96[deg]50'32'' W., thence counterclockwise along the 10-NM radius to
intersect the 023[deg] bearing from the Point of Origin at lat.
33[deg]01'10'' N., long. 96[deg]57'02'' W., thence northeast along
the 023[deg] bearing to the point of beginning.
Area G. That airspace extending upward from 3,000 feet MSL to
and including 11,000 feet MSL within an area bounded by a line
beginning at the intersection of the 300[deg] bearing from the Point
of Origin and the 10-NM radius from the Point of Origin at lat.
32[deg]56'57'' N., long. 97[deg]11'58'' W., thence counterclockwise
along the 10-NM radius to intersect SH-303 at lat. 32[deg]42'29''
N., long. 97[deg]05'30'' W., thence east along SH-303 to intersect
the 10-NM radius from the Point of Origin at lat. 32[deg]42'23'' N.,
long. 96[deg]58'18'' W., thence counterclockwise along the 10-NM
radius to intersect the 129[deg] bearing from the Point of Origin at
lat. 32[deg]45'38'' N., long. 96[deg]52'28'' W., thence southeast
along the 129[deg] bearing to intersect the 20-NM radius from the
Point of Origin at lat. 32[deg]39'19'' N., long. 96[deg]43'16'' W.,
thence clockwise along the 20-NM radius to intersect the 217[deg]
bearing from the Point of Origin at lat. 32[deg]35'56'' N., long.
97[deg]15'56'' W., thence northeast along the 217[deg] bearing to
intersect the 13-NM radius from the Point of Origin at lat.
32[deg]41'32'' N., long. 97[deg]10'57'' W., thence clockwise along
the 13-NM radius to intersect the 300[deg] bearing from the Point of
Origin at lat. 32[deg]58'27'' N., long. 97[deg]15'04'' W., thence
southeast along the 300[deg] bearing to the point of beginning.
Area H. That airspace extending upward from 3,000 feet MSL to
and including 11,000 feet MSL within an area bounded by a line
beginning at the intersection of the 13-NM radius from the Point of
Origin and the 300[deg] bearing from the Point of Origin at lat.
32[deg]58'27'' N., long. 97[deg]15'04'' W., thence northwest along
the 300[deg] bearing to intersect the 20-NM radius from the Point of
Origin at lat. 33[deg]01'56'' N., long. 97[deg]22'17'' W., thence
clockwise along the 20-NM radius to intersect I-635 at lat.
32[deg]50'40'' N., long. 96[deg]38'03'' W., thence northwest along
I-635 to intersect the 13-NM radius from the Point of Origin at lat.
32[deg]55'26'' N., long. 96[deg]46'49'' W., thence counterclockwise
along the 13-NM radius to the point of beginning.
Area I. That airspace extending upward from 3,000 feet MSL to
and including 11,000 feet MSL within an area bounded by a line
beginning at the intersection of the 20- NM radius from the Point of
Origin and the 129[deg] bearing from the Point of Origin at lat.
32[deg]39'19'' N., long. 96[deg]43'16'' W., thence southeast along
the 129[deg] bearing to intersect the 25- NM radius from the Point
of Origin at lat. 32[deg]36'09'' N., long. 96[deg]38'41'' W., thence
counterclockwise along the 25- NM radius to intersect the CVE
117[deg] radial at lat. 32[deg]44'25'' N., long. 96[deg]33'24'' W.,
thence northwest along the CVE 117[deg] radial to intersect the 20-
NM radius from the Point of Origin at lat. 32[deg]46'45'' N., long.
96[deg]38'46'' W., thence clockwise along the 20- NM radius to the
point of beginning.
Area J. That airspace extending upward from 4,000 feet MSL to
and including 11,000
[[Page 3324]]
feet MSL within an area bounded by a line beginning at the
intersection of the 217[deg] bearing from the Point of Origin and
the 20- NM radius from the Point of Origin at lat. 32[deg]35'56''
N., long. 97[deg]15'56'' W., thence counterclockwise along the 20-
NM radius to intersect the 129[deg] bearing from the Point of Origin
at lat. 32[deg]39'19'' N., long. 96[deg]43'16'' W., thence southeast
along the 129[deg] bearing to intersect the 25- NM radius from the
Point of Origin at lat. 32[deg]36'09'' N., long. 96[deg]38'41'' W.,
thence counterclockwise along the 25- NM radius to intersect the CVE
117[deg] radial at lat. 32[deg]44'25'' N., long. 96[deg]33'24'' W.,
thence northwest along the CVE 117[deg] radial to intersect the 20-
NM radius from the Point of Origin at lat. 32[deg]46'45'' N., long.
96[deg]38'46'' W., thence counterclockwise along the 20- NM radius
to intersect the 300[deg] bearing from the Point of Origin at lat.
33[deg]01'56'' N., long. 97[deg]22'17'' W., thence southeast along
the 300[deg] bearing to intersect the 13- NM radius from the Point
of Origin at lat. 32[deg]58'27'' N., long. 97[deg]15'04'' W., thence
counterclockwise along the 13- NM radius to intersect the 217[deg]
bearing from the Point of Origin at lat. 32[deg]41'32'' N., long.
97[deg]10'57'' W., thence southwest along the 217[deg] bearing to
intersect the 20- NM radius from the Point of Origin at lat.
32[deg]35'56'' N., long. 97[deg]15'56'' W., thence clockwise along
the 20- NM radius to intersect I-20 at lat. 32[deg]39'56'' N., long.
97[deg]20'39'' W., thence west along I-20 to intersect I-820 at lat.
32[deg]41'51'' N., long. 97[deg]28'14'' W., thence north along I-820
to intersect the 23- NM radius from the Point of Origin at lat.
32[deg]46'46'' N., long. 97[deg]28'17'' W., thence clockwise along
the 23- NM radius to intersect the 311[deg] bearing from the Point
of Origin at lat. 33[deg]07'02'' N., long. 97[deg]22'21'' W., thence
northwest along the 311[deg] bearing to intersect the 30- NM radius
from the Point of Origin at lat. 33[deg]11'37'' N., long.
97[deg]28'40'' W., thence clockwise along the 30- NM radius to
intersect the 315[deg] bearing from the Point of Origin at lat.
33[deg]13'10'' N., long. 97[deg]26'58'' W., thence east to the
intersection of the 041[deg] bearing of the Point of Origin and the
30- NM radius from the Point of Origin at lat. 33[deg]14'36'' N.,
long. 96[deg]38'13'' W., thence clockwise along the 30- NM radius to
intersect the 138[deg] bearing from the Point of Origin at lat.
32[deg]29'34'' N., long. 96[deg]37'57'' W., thence west to the
intersection of the 217[deg] bearing from the Point of Origin and
the 28.3 NM radius from the Point of Origin at lat. 32[deg]29'17''
N., long. 97[deg]21'49'' W., thence northeast along the 217[deg]
bearing to the point of beginning.
Area K. 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 the intersection of the 138[deg] bearing from the Point
of Origin and the 30- NM radius from the Point of Origin at lat.
32[deg]29'34'' N., long. 96[deg]37'57'' W., thence clockwise along
the 30- NM radius to intersect the 149[deg] bearing from the Point
of Origin at lat. 32[deg]26'10'' N., long. 96[deg]43'26'' W., thence
west to the intersection of the 210[deg] bearing from the Point of
Origin and the 30- NM radius from the Point of Origin at lat.
32[deg]25'54'' N., long. 97[deg]19'24'' W., thence clockwise along
the 30- NM radius to intersect the 217[deg] bearing from the Point
of Origin at lat. 32[deg]27'55'' N., long. 97[deg]23'01'' W., thence
northeast along the 217[deg] bearing to intersect the 28.3- NM
radius from the Point of Origin at lat. 32[deg]29'17'' N., long.
97[deg]21'49'' W., thence east to the point of beginning.
Area L. 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 the intersection of the 315[deg] bearing from the Point
of Origin and the 30- NM radius from the Point of Origin at lat.
33[deg]13'10'' N., long. 97[deg]26'58'' W., thence clockwise along
the 30- NM radius to the intersection of the 30- NM radius from the
Point of Origin and the 344[deg] bearing from the Point of Origin at
lat. 33[deg]20'50'' N., long. 97[deg]11'33'' W., thence east to the
intersection of the 012[deg] bearing from the Point of Origin and
the 30- NM radius from the Point of Origin at lat. 33[deg]21'21''
N., long. 96[deg]54'14'' W., thence clockwise along the 30- NM
radius to intersect the 041[deg] bearing from the Point of Origin at
lat. 33[deg]14'36'' N., long. 96[deg]38'13'' W., thence west to the
point of beginning.
Area M. That airspace extending upward from 5,000 feet MSL up to
and including 11,000 feet MSL within an area bounded by a line
beginning at the intersection of the 311[deg] bearing from the Point
of Origin and the 30- NM radius from the Point of Origin at lat.
33[deg]11'37'' N., long. 97[deg]28'40'' W., thence counterclockwise
along the 30- NM radius to intersect the 293[deg] bearing from the
Point of Origin at lat. 33[deg]03'37'' N., long. 97[deg]34'32'' W.,
thence southeast along the 293[deg] bearing to intersect the 26- NM
radius from the Point of Origin at lat. 32[deg]02'04'' N., long.
97[deg]30'09'' W., thence counterclockwise along the 26- NM radius
to intersect SH-377 at lat. 32[deg]39'49'' N., long. 97[deg]28'58''
W., thence southwest along SH-377 to intersect the 30- NM radius
from the Point of Origin at lat. 32[deg]36'56'' N., long.
97[deg]32'26'' W., thence counterclockwise along the 30- NM radius
to intersect the 217[deg] bearing from the Point of Origin at lat.
32[deg]27'55'' N., long. 97[deg]23'01'' W., thence northeast along
the 217[deg] bearing to intersect the 20- NM radius from the Point
of Origin at lat. 32[deg]35'56'' N., long. 97[deg]15'56'' W., thence
clockwise along the 20- NM radius to intersect I-20 at lat.
32[deg]39'56'' N., long. 97[deg]20'38'' W., thence west along I-20
to intersect I-820 at lat. 32[deg]41'51'' N., long. 97[deg]28'14''
W., thence north along I-820 to intersect the 23- NM radius from the
Point of Origin at lat. 32[deg]46'46'' N., long. 97[deg]28'17'' W.,
thence clockwise along the 23- NM radius to intersect the 311[deg]
bearing from the Point of Origin at lat. 33[deg]07'02'' N., long.
97[deg]22'21'' W., thence northwest along the 311[deg] bearing to
the point of beginning.
Area N. That airspace extending upward from 6,000 feet MSL to
and including 11,000 feet MSL within an area bounded by a line
beginning at the intersection of the 30- NM radius from the Point of
Origin and the 293[deg] bearing from the Point of Origin at lat.
33[deg]03'37'' N., long. 97[deg]34'32'' W., thence southeast along
the 293[deg] bearing to intersect the 26- NM radius from the Point
of Origin at lat. 33[deg]02'04'' N., long. 97[deg]30'09'' W., thence
counterclockwise along the 26- NM radius to intersect SH-377 at lat.
32[deg]39'49'' N., long. 97[deg]28''58'' W., thence southwest along
SH-377 to intersect the 30- NM radius from the Point of Origin at
lat. 32[deg]36'56'' N., long. 97[deg]32'26'' W., thence clockwise
along the 30- NM radius to the point of beginning.
* * * * *
Issued in Washington, DC, on January 10, 2014.
Gary A. Norek,
Manager, Airspace Policy and Regulations Group.
BILLING CODE 4910-13-P
[[Page 3325]]
[GRAPHIC] [TIFF OMITTED] TR21JA14.001
[[Page 3326]]
[FR Doc. 2014-00941 Filed 1-17-14; 8:45 am]
BILLING CODE 4910-13-C