Proposed Amendment of Class C Airspace and Revocation of Class E Airspace Extension; Fort Lauderdale, FL, 17333-17342 [2021-06805]
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Federal Register / Vol. 86, No. 62 / Friday, April 2, 2021 / Proposed Rules
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2020–0988; Airspace
Docket No. 18–AWA–3]
Proposed Amendment of Class C
Airspace and Revocation of Class E
Airspace Extension; Fort Lauderdale,
FL
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
This action proposes to
reconfigure and expand the Fort
Lauderdale-Hollywood International
Airport, FL (FLL), Class C airspace area.
The FAA is proposing this action to
reduce the risk of midair collisions and
enhance the efficient management of air
traffic operations in the FLL terminal
area. Additionally, this action proposes
to revoke the Class E airspace extension
to the FLL Class C airspace surface area.
This proposed action is separate and
distinct from the South Florida
Metroplex Project. No flight path
changes are associated with this
proposal.
SUMMARY:
Comments must be received on
or before June 1, 2021.
ADDRESSES: Send comments on this
proposal to the U.S. Department of
Transportation, Docket Operations, 1200
New Jersey Avenue SE, West Building
Ground Floor, Room W12–140,
Washington, DC 20590; telephone: (800)
647–5527, or (202) 366–9826. You must
identify FAA Docket No. FAA–2020–
0988; Airspace Docket No. 18–AWA–3,
at the beginning of your comments. You
may also submit comments through the
internet at https://www.regulations.gov.
FAA Order 7400.11E, Airspace
Designations and Reporting Points, and
subsequent amendments can be viewed
online at https://www.faa.gov/air_
traffic/publications/. For further
information, you can contact the Rules
and Regulations Group, Federal
Aviation Administration, 800
Independence Avenue SW, Washington,
DC 20591; telephone: (202) 267–8783.
The Order is also available for
inspection at the National Archives and
Records Administration (NARA). For
information on the availability of FAA
Order 7400.11E at NARA, email:
fedreg.legal@nara.gov or go to https://
www.archives.gov/federal-register/cfr/
ibr-locations.html.
FOR FURTHER INFORMATION CONTACT: Paul
Gallant, Rules and Regulations Group,
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Office of Policy, Federal Aviation
Administration, 800 Independence
Avenue SW, Washington, DC 20591;
telephone: (202) 267–8783.
SUPPLEMENTARY INFORMATION:
Authority for This Rulemaking
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 would
modify the airspace structure as
necessary to preserve the safe and
efficient flow of air traffic within the
National Airspace System (NAS).
Comments Invited
Interested parties are invited to
participate in this proposed rulemaking
by submitting such written data, views,
or arguments as they may desire.
Comments that provide the factual basis
supporting the views and suggestions
presented are particularly helpful in
developing reasoned regulatory
decisions on the proposal. Comments
are specifically invited on the overall
regulatory, aeronautical, economic,
environmental, and energy-related
aspects of the proposal.
Communications should identify both
docket numbers (FAA Docket No. FAA–
2020–0988; Airspace Docket No. 18–
AWA–3) and be submitted in triplicate
to the Docket Management Facility (see
ADDRESSES section for address and
phone number). You may also submit
comments through the internet at
https://www.regulations.gov.
Commenters wishing the FAA to
acknowledge receipt of their comments
on this action must submit with those
comments a self-addressed, stamped
postcard on which the following
statement is made: ‘‘Comments to FAA
Docket No. FAA–2020–0988; Airspace
Docket No. 18–AWA–3.’’ The postcard
will be date/time stamped and returned
to the commenter.
All communications received on or
before the specified comment closing
date will be considered before taking
action on the proposed rule. The
proposal contained in this action may
be changed in light of comments
received. All comments submitted will
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be available for examination in the
public docket both before and after the
comment closing date. A report
summarizing each substantive public
contact with FAA personnel concerned
with this rulemaking will be filed in the
docket.
Availability of NPRM
An electronic copy of this document
may be downloaded through the
internet at https://www.regulations.gov.
Recently published rulemaking
documents can also be accessed through
the FAA’s web page at https://
www.faa.gov/air_traffic/publications/
airspace_amendments/.
You may review the public docket
containing the proposal, any comments
received and any final disposition in
person in the Dockets Office (see
ADDRESSES section for address and
phone number) between 9:00 a.m. and
5.00 p.m., Monday through Friday,
except federal holidays. An informal
docket may also be examined during
normal business hours at the office of
the Eastern Service Center, Federal
Aviation Administration, Room 210,
1701 Columbia Ave., College Park, GA
30337.
Availability and Summary of
Documents for Incorporation by
Reference
This document proposes to amend
FAA Order 7400.11E, Airspace
Designations and Reporting Points,
dated July 21, 2020, and effective
September 15, 2020. FAA Order
7400.11E is publicly available as listed
in the ADDRESSES section of this
document. FAA Order 7400.11E lists
Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting
points.
Background
In 1986, the FAA issued a final rule
that established the Fort LauderdaleHollywood International Airport, FL,
Airport Radar Service Area (ARSA) (51
FR 4872; February 7, 1986). As a result
of the Airspace Reclassification final
rule (56 FR 65638; December 17, 1991),
which became effective in September
1993, the term ‘‘Airport Radar Service
Area’’ was replaced by ‘‘Class C airspace
area.’’ As with the former ARSA, the
primary purpose of a Class C airspace
area is to reduce the potential for midair
collisions in terminal areas and promote
the efficient management of air traffic in
those areas. Pilots are required to
establish two-way radio
communications with air traffic control
(ATC) before entering Class C airspace,
and they must maintain two-way radio
communications with ATC while
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operating in Class C airspace. These
requirements are designed to keep ATC
informed of all aircraft operating within
the Class C airspace area.
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Developments Since the Origination of
the FLL Class C Airspace Area
Despite significant increases in
aircraft operations and passenger
enplanements at FLL over the years, the
FLL Class C airspace area has not been
modified since its inception in 1986.
In 2014, runway 10R/28L was
extended from 5,276 feet to 8,000 feet in
length. The extension increased airport
capacity by making two runways
available to larger aircraft types instead
of one.
In 2008, FLL hosted 309,624 total
operations, and 11,400,548 passenger
enplanements. By 2019, these numbers
had grown to 331,455 total operations,
and 17,950,989 passenger
enplanements. With these figures, FLL
actually meets the criteria to be a
candidate for the establishment of a
Class B airspace area. In 2009, the FAA
considered converting the FLL Class C
airspace area to Class B airspace.
However, as discussed later in this
NPRM, the FAA decided that the
airspace safety and efficiency goals
could be satisfied by expanding the FLL
Class C airspace area instead.
Impact of FLL Class C Airspace Area
Configuration on Operations
The current FLL Class C airspace area
is not sufficient to accommodate the
volume and diversity of aircraft
operations in the congested South
Florida airspace, nor the traffic patterns
required by the increasing numbers of
turbojet operations at FLL.
The current FLL Class C airspace
configuration has the following impacts
on operations at FLL:
1. Insufficient Class C airspace is
available to provide for the most
efficient arrival and departure
operations at FLL. Significant numbers
of visual flight rules (VFR) aircraft,
which are not in contact with air traffic
control (ATC), routinely operate in the
same airspace outside of the FLL Class
C area that is also used by aircraft
operating to and from FLL. Under the
proposal, these VFR aircraft would be
required to establish contact with ATC
enabling greater efficiency.
2. Controllers must alter the approach
profile of instrument flight rules (IFR)
arrival traffic when unknown VFR
aircraft are transitioning a gap between
the existing Miami (MIA) Class B and
FLL Class C airspace areas. This gap,
which is approximately 4–5 nautical
miles (NM) wide, exists in the airspace
between the current 10 NM radius of the
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FLL Class C airspace (to the west of
FLL), and the existing MIA Class B
airspace area to the northwest of MIA
(in the vicinity of U.S. Route 27). VFR
aircraft that are not in communication
with ATC routinely transit this area and,
in doing so, they climb or descend
through the final approach courses and
the downwind legs for FLL arrivals to
runways 10L and 10R requiring
commercial pilots to alter their flight
path or altitude resulting in a disruption
of the orderly flow of arrivals to the
airport. Closing this airspace gap would
enhance safety for FLL traffic.
3. Increases workload for air traffic
controllers due to the need for
additional vectoring of FLL arrivals and
departures to ensure separation from
VFR aircraft not in communication with
ATC.
Benefits of Modifying the FLL Class C
Airspace Area
Modifications of the current FLL Class
C airspace area would enhance safety by
lessening the likelihood of FLL arrivals
and departures encountering unknown
aircraft that are not in contact with ATC.
The unique combination of high
volumes of general aviation and
commercial operations, plus intensive
student pilot training, and transiting
VFR aircraft that take place in the
congested FLL terminal area support a
proposal to expand the FLL Class C
airspace area in the interest of safety
and the efficient use of the airspace.
The FAA believes that users would
benefit from participation in the
proposed expanded availability of Class
C services around FLL which include:
sequencing of all aircraft to the primary
airport (FLL); standard IFR services to
IFR aircraft; separation, traffic
advisories, and safety alerts between IFR
and VFR aircraft; and, mandatory traffic
advisories and safety alerts between
VFR aircraft.
Local Area Airport Identifiers
For reference, the following airport
identifiers are used in this NPRM:
BCT Boca Raton Airport
FLL Fort Lauderdale/Hollywood
International Airport
FXE Fort Lauderdale Executive
Airport
HWO North Perry Airport
MIA Miami International Airport
OPF Opa Locka Executive
PMP Pompano Beach Airpark
TMB Miami Executive Airport
X51 Miami Homestead General
Aviation Airport
Pre-NPRM Public Input
In 2010, the FAA initiated action to
form an Ad Hoc Committee (Committee)
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to seek input and recommendations
from representatives of effected aviation
segments for the FAA to consider in
designing proposed modifications to the
Miami International Airport (MIA),
Class B airspace area, and to convert the
FLL Class C airspace area to Class B
airspace. Participants in the Committee
included representatives from the
Aircraft Owners and Pilots Association
(AOPA), Miami-Dade Aviation
Department, Miami-Dade Police
Department Aviation Unit, Florida DOT,
Broward County Aviation Department,
Opa-Locka Helicopters, ADF Airways,
Sheltair Aviation, National Jets, Aerial
Banners, Delta Connection, Florida Aero
Club, and Van Wagner Aerial Media.
Discussion of Ad Hoc Committee
Recommendations
The Ad Hoc Committee submitted
three recommendations for the FAA to
consider in designing proposed
modifications of the MIA Class B
airspace area, and the proposed
conversion of the FLL Class C airspace
area to Class B airspace.
The Committee recommended that the
FAA align the boundaries of the Class
B airspace with prominent geographical
features (visual landmarks) whenever
possible.
The FAA agrees and tries to adopt the
use of geographical features whenever
possible. However, areas that overlie the
Atlantic Ocean and the Florida
Everglades lack prominent landmarks.
Currently, there are approximately 25
VFR checkpoints, four VFR waypoints,
and five latitude/longitude points
depicted on the VFR Flyway Planning
Chart in the MIA/FLL area. The FAA is
considering additional points to
enhance VFR navigation in the area.
The Committee recommended that the
FAA establish a VFR Corridor between
3,000 feet and 5,000 feet mean sea level
(MSL) that extends from the northern
edge of FLL’s airspace to the southern
edge of MIA’s airspace, to permit northsouth transition of aircraft. The
Committee suggested that this would be
similar to the Los Angeles Special Flight
Rules Area, which traverses the Los
Angeles Class B airspace. Very High
Frequency Omnidirectional Range
(VOR) radials should be used to define
the centerline of the Corridor enabling
both VOR and GPS equipped aircraft to
navigate the corridor.
The FAA could not adopt this
recommendation because a VFR
corridor is essentially a ‘‘tunnel’’
through Class B airspace within which
aircraft may operate without an ATC
Clearance or communication with ATC.
For this reason, a VFR Corridor is not
feasible for this area based on
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operational constraints such as traffic
volume and traffic flows. MIA arrival
traffic descends from 8,000 feet MSL to
3,000 feet MSL in the downwind leg.
Departures climb to 5,000 feet MSL
initially, and aircraft executing a goaround climb to either 3,000 feet MSL
or 4,000 feet MSL. For FLL, arrivals
descend from 6,000 feet MSL to 3,000
feet MSL in the downwind leg.
Departures climb to 3,000 feet MSL
initially, and aircraft executing a goaround climb to 2,000 feet MSL or 3,000
feet MSL. Since aircraft could operate in
the corridor without an ATC clearance
or communication with ATC, this
would present a safety hazard,
especially during irregular operations,
such as weather impacting the normal
arrival and departure routes.
Alternatively, there is a charted VFR
Flyway below 3,000 feet MSL, running
generally north and south, that is
located beneath the western side of the
MIA Class B airspace area. Additionally,
an east-west oriented Flyway below
2,000 feet MSL is located to the south
of Hollywood North Perry airport
(HWO), and to the north of Miami-Opa
Locka Executive airport (OPF).
The Committee recommended that the
FAA develop ‘‘shoreline transitions’’ for
VFR aircraft through the Class B
airspace. Specifically, this would
accommodate pilots who desire to
operate over or near the shoreline east
of FLL. The Committee added that the
FAA should publish information on
Sectional and Terminal Area Charts
(TAC) to advise aircraft requesting
shoreline transitions to contact MIA
Approach; including frequencies,
designated entry and exit points,
expected altitudes, and times requests
may be approved.
The FAA reviewed this
recommendation and, although
shoreline transitions do exist in the
Miami area, due to the close proximity
of FLL to the shoreline, a shoreline
transition is not feasible in that area.
After full consideration of the
Committee’s discussions and
recommendations, the FAA decided to
pursue an alternative airspace design for
FLL. Rather than converting the Class C
airspace area at FLL to Class B airspace,
the FAA proposes to retain, but expand,
the existing FLL Class C airspace area.
This alternative would provide all the
benefits that could be achieved with the
original FLL Class B concept but with
less impact on local VFR and general
aviation operations. This NPRM
proposes modifications to the FLL Class
C airspace area. The proposed
modifications of the MIA Class B
airspace area was addressed in a
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separate NPRM. (86 FR 12868, March 5,
2021).
Discussion of Informal Airspace
Meeting Comments
As announced in the Federal Register
on December 4, 2012, the FAA
conducted three informal airspace
meetings: January 28, 2013, at the Wings
Over Miami Air Museum, Miami, FL;
January 29, 2013, at Miami Dade
College, Miami, FL; and January 30,
2013, Miramar Town Center, Miramar,
FL. (77 FR 71734). Additionally, as
announced in the Federal Register on
April 1, 2019, the FAA also held one
informal airspace meeting on June 12,
2019, at Broward College, Pembroke
Pines, FL. (84 FR 12146). These
meetings provided interested airspace
users with an opportunity to present
their views and offer recommendations
regarding the planned modification of
the FLL Class C airspace area. The FAA
received comments from 32 individuals
in response to the four meetings. The
FAA received a number of comments
from the January 2013 meetings that
pertained specifically to the proposed
modification of the MIA Class B
airspace area. Those comments are
addressed in a separate NPRM that
proposes to modify the MIA Class B
airspace. The NPRM was published in
the Federal Register on March 5, 2021
(86 FR 12868). You may read the MIA
Class B NPRM on the internet at https://
www.regulations.gov. Enter the search
term FAA–2020–0490.
January 2013 Informal Airspace Meeting
Comments
Many commenters asked that the FLL
Class C airspace boundaries be based on
visual ground references such as
highways and landmarks to assist VFR
pilots in identifying the lateral
boundaries of the area. One commenter
wrote that the FAA should consider a
physical feature, such as University
Avenue, to define the western side of
the Class C surface area’s 7 NM radius.
The FAA agrees and has incorporated
well-known roads such as U.S. Route
27, I–75, Oakland Park Boulevard, etc.,
into the proposed description of the FLL
Class C airspace area. Regarding a
reference for the surface area, a suitable
pilotage landmark that is already
charted is the Snake Creek Canal that
runs parallel to Flamingo Road in
Broward County. The canal is about 1 to
2 miles outside the western edge of the
surface area. Use of that visual landmark
would ensure that VFR pilots remain
clear of the surface area.
A commenter wrote that, with the
expansion of the Class C airspace area,
it is important that adequate ATC
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staffing be provided to handle the
higher number of VFR aircraft
transitioning the area.
The proposed airspace change would
affect the Miami Terminal Radar
Approach Control (TRACON) controller
workload with an anticipated increase
of aircraft requesting flight following
services. Miami TRACON provides IFR
services to traffic operating to and from
FLL. The comment is valid and actions
have been taken to address this concern.
Considering the anticipated greater
workload, the FAA has increased the
utilization of additional radar positions
that provide relief for controllers
working the Opa Locka Executive
Airport (OPF)/North Perry Airport
(HWO) area. These additional positions
split the workload in half (east side and
west side) and provide extra capacity to
handle flight following services. It is
suggested that pilots consider obtaining
a discrete transponder code from air
traffic control before takeoff to ensure
that flight following in VFR conditions
can commence shortly after departure.
One commenter suggested that the
FAA consider a VFR Corridor within the
Class C airspace that takes VFR aircraft
from the coast to overhead FLL at 1,500
feet MSL southbound, and 2,000 feet
MSL northbound, and back out to the
coast.
The procedures for overflights at FLL
are governed by a Letter of Agreement
(LOA) between MIA ATCT and FLL
ATCT. Aircraft operating from the coast
to transition over FLL may currently
contact FLL ATCT to transition at or
below 1,000 feet MSL along the
shoreline. Aircraft transitioning VFR
over FLL, in communication with MIA
TRACON, are provided transition at or
above 2,500 feet MSL. The 2,500-foot
restriction is intended to allow aircraft
on a missed approach climb to 2,000
feet MSL per the LOA. A designated
VFR corridor at 1,500 feet MSL or 2,000
feet MSL is not feasible due to traffic
volume and the provisions of the LOA.
Several commenters were concerned
that the Class C expansion would
encroach upon student pilot training in
the practice areas, such as alert areas A–
291B and A–291C, by reducing the
airspace available for training in this
congested area. Additionally, a
commenter noted that numerous flight
schools operate out of FXE. There is
concern that the proposed northern
boundary of the Class C airspace area
could eliminate an avenue for student
pilots transitioning to and from the
practice areas. The commenter argued
that this might cause flight schools to
cease operations at FXE.
The current floor of Class C airspace
over FXE is at 1,200 feet MSL. The FAA
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proposes to establish Class C Area F
(described below) over FXE. Area F
would be bounded in the north along
lat. 26°13′53″N (aligned with the eastern
portion of Atlantic Boulevard located in
Pompano Beach), which lies to the
north of FXE. To the south of FXE, the
southern boundary of Area F would be
defined by lat. 26°10′03″N (aligned with
the eastern most portion of Oakland
Park Boulevard located in Lauderdale
Beach). The floor of Class C airspace in
Area F would be 2,500 feet MSL instead
of the current 1,200 feet MSL. The
change would provide more room for
operations to and from FXE without the
need for pilots to enter Class C airspace.
A commenter said that traffic flying to
and from North Perry Airport (HWO)
and Opa Locka Executive Airport (OPF)
will be boxed in by the Class C 1,200foot MSL shelf causing them to fly low
when travelling to and from the
northern areas. The commenter also
stated that access to FXE and Pompano
Airpark (PMP) would be greatly
decreased by the requirement to fly
below 1,200 feet MSL.
Aircraft operating to and from HWO
and OPF can still transition below the
MIA Class B airspace area below 3,000
feet MSL to join the charted VFR
Flyways beneath the MIA Class B and
the proposed FLL Class C airspace areas.
The 2,500-foot MSL Class C floor in the
proposed Area F (discussed above)
would enhance access to HWO and
PMP. Note that PMP is outside the
proposed northern boundary of the
Class C airspace area.
Another commenter flying from HWO
said that the western most edge of the
FLL Class C airspace area should run
along U.S. Route 27. According to the
commenter, for students flying out over
the Everglades, U.S. Route 27 is the last
visual reference they could use to tell if
they are clear of the Class C airspace
and it is safe to climb. Without that
reference, according to the commenter,
students would have to fly out much
farther to ensure they are actually clear
of the Class C airspace.
U.S. Route 27 marks the eastern
boundary of proposed FLL Class C Area
C, which would extend westward to the
25 NM radius of FLL. The floor of Area
C would be at 3,000 feet MSL. U.S.
Route 27 could still be used as a visual
reference to indicate the point beyond
which an altitude below 3,000 feet MSL
would be clear of the proposed FLL
Class C airspace area. Additionally, a
canal intersecting a pumping station
along Interstate I–75 can be used as a
visual landmark for the western most
portion of Area C. There is also a major
rest area on the highway at that location.
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A commenter highlighted another
concern about the current Class C
configuration involving FXE. The
commenter stated that when FXE ATCT
issues a right downwind departure off
runway 9, the pilot has to rush to get
acknowledged by Miami Approach in
order to not violate the Class C airspace
area. The commenter asked if the north
end of the Class C could be sliced off at
Oakland Park Boulevard; or, if not,
could the floor of the Class C north of
Oakland Park Boulevard be raised to
1,600 feet MSL or more.
The FAA determined that the
northern boundary of the FLL Class C
airspace area could not be set along
Oakland Park Boulevard as suggested.
Oakland Park Boulevard conflicts with
the proposed Class C surface area. The
current Class C extends well above
Oakland Park Boulevard. Setting the
northern boundary of the Class C along
Atlantic Boulevard instead provides
more vectoring room north of FLL. The
proposed Class C modification would
establish Area F, with a floor of 2,500
feet MSL, over FXE. This would provide
more room that is beneath the Class C
airspace to accommodate the downwind
departure.
Two commenters raised the issue that
setting the Class C airspace floor at
1,200-foot MSL, 14 NM from the airport,
as contained in the original proposal,
seems unprecedented. The commenter
suggested some interim altitude, such as
1,600 feet MSL, would give users more
flexibility.
After consideration of the comment,
the FAA is modifying the proposal by
adding a FLL Class C Subarea E
(described below) that would be
bounded on the east by Interstate I–75,
and on the west by U.S. Route 27. The
proposed floor of the Class C airspace in
Area E would be 1,500 feet MSL instead
of the original 1,200 feet MSL. Aircraft
operating at FLL already overfly this
area. The objective of this airspace
proposal is to provide the least
restrictive, yet safe operation in the
terminal area.
One commenter contended that ATC
never clears aircraft through Class C
airspace, except for occasional direct
overflights.
FAA records show that, in the 12
months ending May 31, 2017, FLL
ATCT worked 313,802 operations with
303 IFR overflights and 16,234 VFR
overflights.
A commenter stated that the
substantial extensions of Class C
airspace east and west of FLL would
force pilots to fly deeper into the
everglades or farther out to sea to avoid
the Class C airspace. The commenter
added that, if the changes are
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implemented, Flyways should be
created for both VFR and IFR traffic
whose destinations are within the South
Florida area.
The FAA acknowledges these
concerns. However, considering this
extremely busy and congested South
Florida airspace that includes intensive
student flight training, a high volume of
VFR transit operations, as well as large
numbers of commercial operations, the
proposed FLL Class C airspace
modifications are essential to
maintaining safety and reducing the risk
of midair collisions in the terminal area.
A north-south oriented VFR Flyway,
below 3,000 feet MSL, is currently
depicted on the Miami VFR Flyway
Planning Chart (on the reverse side of
the Miami Terminal Area Chart). This
Flyway is located beneath the western
side of the Miami Class B airspace area,
and the proposed FLL Class C airspace
area. The FAA is also considering
additional Flyways though the area.
June 2019 Informal Airspace Meeting
Comments
Over 60 people attended the June
2019 informal airspace meeting.
Two commenters expressed concerns
that receiving VFR flight following in
the area can be challenging due to air
traffic controller workload, and that
consideration should be given to
adequate staffing to provide this
additional service routinely. This
comment was also received at the
January 2013 informal airspace
meetings.
The proposed airspace change would
affect the Miami Terminal Radar
Approach Control (TRACON) controller
workload with an anticipated increase
of aircraft requesting flight following
services. Miami TRACON provides IFR
services to traffic operating to and from
FLL. The comment is valid and actions
have been taken to address this concern.
Considering the anticipated greater
workload, the FAA has increased the
utilization of additional radar positions
that provide relief for controllers
working the Opa Locka Executive
Airport (OPF)/North Perry Airport
(HWO) area. These additional positions
split the workload in half (east side and
west side) and provide extra capacity to
handle flight following services. It is
suggested that pilots consider obtaining
a discrete transponder code from air
traffic control before takeoff to ensure
that flight following in VFR conditions
can commence shortly after departure.
One commenter was concerned that
the expansion of the FLL Class C
airspace area would create a precedent
for other locations.
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The purpose of Class C airspace is to
reduce the risk of midair collisions in
the terminal area. A number of
considerations are evaluated before
determining whether an airport qualifies
for the establishment or modification of
a Class C airspace area. Proposed Class
C airspace area designs are based on
site-specific factors such as traffic
volume and complexity.
A commenter suggested a north/south
corridor be provided through the FLL
Class C airspace area.
Procedures for overflights at FLL are
governed by a LOA between Miami
Airport Traffic Control Tower (ATCT)
and FLL ATCT. Current procedures
allow aircraft to transition over FLL at
2,500 feet MSL under two-way radio
communication with ATC at Miami
TRACON; or at low level over the
shoreline after establishing two-way
radio communication with FLL ATCT.
Both transitions provide protection from
aircraft departing/arriving at FLL.
Currently, if ATC is unable to approve
a transition request, the charted VFR
Flyways to the west of FLL are available
as an option.
Another commenter said that ATC
LOAs should be published for easy
access by pilots.
As an initial matter, this comment
falls outside the scope of this
rulemaking. Moreover, LOAs between
ATC facilities outline procedures
between facilities to allow for a standard
operation, such as interfacility
coordination, etc. LOAs do not dictate
procedures that pilots who are not
operating under ATC instructions need
to follow. Because LOAs outline the
handling of aircraft and interaction
between ATC facilities, they are not
made readily available to pilots.
Whenever a pilot is uncertain about an
ATC clearance or instruction, that pilot
must immediately request clarification
from ATC.
A commenter stated that expansion of
the FLL Class C airspace area should
conform to readily recognized
landmarks, such as canals, and streets,
to describe the boundaries.
The FAA agrees and, where feasible,
has amended the proposed FLL Class C
airspace area description to use various
streets, such as U.S. Route 27, Interstate
75, Oakland Park Boulevard, etc., to
define the boundaries.
Four commenters cited concerns that
the originally proposed northern
boundary of the FLL Class C airspace
area, located just south of Pompano
Beach Airpark (PMP), with a floor of
1,200 feet MSL, would interfere with
Class D airspace operations at FXE and
PMP. The commenters requested that
the Class C airspace north of FLL be
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modified to provide a cutout with a
higher floor allowing increased
clearance for VFR access to Fort
Lauderdale Executive Airport (FXE).
Based on previous public comments
with the same concern, the FAA raised
the proposed floor of the Class C
airspace shelf over FXE to 2,500 feet
MSL and moved the proposed northern
Class C airspace boundary southward to
align along the eastern portion of
Atlantic Boulevard, located in Pompano
Beach. These changes allow VFR aircraft
to safely maintain separation from FLL
arrival and departure traffic, while
maximizing the amount of operational
airspace available for pilots operating
VFR.
One commenter requested the FAA
form a new Ad Hoc Committee to
provide updated recommendations
regarding the proposed airspace design.
The FAA originated the Ad Hoc
Committee concept as a means to get
preliminary user input during the initial
design phase of Class B and C airspace
proposals, prior to the issuance of an
NPRM.
The FAA carefully considered the
request to form a second Ad Hoc
Committee. Although significant time
has elapsed since the Committee
submitted its report, its
recommendations remain valid. After
full consideration of the Committee’s
concerns and recommendations,
including the Committee’s stated desire
that the FAA mitigate the impact to
operators outside the Class B airspace
area, and improve the design originally
presented to the Committee, the FAA reevaluated the airspace design
requirements for the airspace
surrounding MIA and FLL. Based on
that re-evaluation, the FAA will pursue
the alternative to retain, but modify,
Class C airspace at FLL, as well as
modifying the MIA Class B airspace.
This would result in less impact to the
VFR and general aviation communities.
Further, the public comments received
in response to the informal airspace
meetings held in 2013 and 2019 led to
changes that were incorporated into the
proposed airspace designs.
Based on the above, the FAA
concluded that sufficient initial
feedback was received so that the FAA
could develop and publish the airspace
proposal in an NPRM. The NPRM’s 60day comment period provides an
additional opportunity for the public to
submit their views on the proposed FLL
Class C airspace modification.
Therefore, the FAA has decided against
reforming an Ad Hoc Committee for this
proposal.
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The Proposal
The FAA is proposing an amendment
to 14 CFR part 71 to modify the FLL
Class C airspace area by expanding the
lateral dimensions to the east and west
of the airport, and lowering of some
airspace floors to enhance safety in the
Fort Lauderdale terminal area (see the
attached chart).
The current FLL Class C airspace area
consists of two concentric circles
centered on the airport reference point:
(1) That airspace extending upward
from the surface to 4,000 feet MSL
within a 5 NM radius of the airport; and
(2) that airspace extending upward from
1,200 feet MSL to 4,000 feet MSL within
a 10 NM radius of the airport.
(excluding the airspace within the
adjacent Miami Class B airspace area).
This proposal would update the FLL
airport reference point coordinates to
read ‘‘lat. 26°04′18″ N, long. 80°08′59″
W’’ which reflects the latest information
in the Airport Master Records file. In
addition, the proposal would
reconfigure the Class C airspace area
from the two concentric circles design,
to a more rectangular shape consisting
of seven sub-areas identified by the
letters A though G. The foot print of the
area would be expanded to the east and
west, but the current 4,000-foot MSL
ceiling of the Class C airspace area
would be retained. The proposed
modifications are described below. In
developing these modifications, the
FAA has considered the input received
from the Ad Hoc Committee, and the
informal airspace meetings.
Area A. The proposed Area A is a
modification of the current surface area
that extends from ground level upward
to 4,000 feet MSL. Area A would be
expanded from the current 5 NM radius
of FLL, to a 7 NM radius of the airport.
It would be bounded on the north by lat.
26°10′03″N (the eastern most portion of
Oakland Park Boulevard located in
Lauderdale Beach); and bounded on the
south by a 15 NM radius of the Miami
International Airport; and on the
southeast by lat. 26°00′39″N (the eastern
most portion of Hollywood Boulevard
located in Hollywood).
Setting the northern boundary of Area
A along lat. 26°10′03″N would allow
Fort Lauderdale Executive Airport (FXE)
to continue using south downwind
departures from the airport and return
most of the FXE Class D airspace area
altitudes to FXE ATCT for their use. The
proposed southeastern boundary of Area
A would allow aircraft departing North
Perry Airport (HWO) and Opa Locka
Executive Airport (OPF) more room to
transition to the east overwater.
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Area B. Area B, located west of Area
A, would extend upward from 1,200 feet
MSL to 4,000 feet MSL. It would be
bounded on the north by lat.
26°10′03″N; on the west by State Road
869/Sawgrass Expressway, Interstate
595 and Interstate 75; on the south by
the 15 NM radius of Miami International
Airport; and on the east by the 7 NM
radius of FLL (the western boundary of
Area A). The use of existing major
roadways would give VFR pilots better
awareness of the airspace boundaries.
Area C. Area C would be located at
the western end of the Class C
expansion. It would extend upward
from 3,000 feet MSL to 4,000 feet MSL.
Area C would be bounded on the north
by lat. 26°13′53″N (aligned with the
eastern portion of Atlantic Boulevard
located in Pompano Beach) (which is
also the proposed northern boundary of
FLL Class C airspace area); on the west
by the 25 NM radius of FLL; on the
south by lat. 25°57′48″N; on the
southeast by the 15 NM radius of MIA;
and on the east by U.S. Route 27. Route
27 was selected as the eastern boundary
based on suggestions that visual
references be used to provide better
situational awareness for VFR pilots.
Area D. Area D would be located at
the eastern end of the Class C
expansion. It would extend upward
from 3,000 feet MSL to 4,000 feet MSL.
It would be bounded on the north by lat.
26°13′53″N (aligned with the eastern
portion of Atlantic Boulevard located in
Pompano Beach); on the east by the 25
NM radius of FLL; on the south by lat.
26°00′39″N (the eastern most portion of
Hollywood Boulevard located in
Hollywood); and on the west by the 20
NM radius of FLL. Area D would form
the eastern most section of the proposed
FLL Class C airspace area. In the
original design, the Class C floor in Area
D was proposed to be 2,500 feet MSL.
To accommodate concerns, the
proposed floor is raised to 3,000 feet
MSL to give VFR pilots a little more
room to transition beneath the area.
Area E. Area E would extend upward
from 1,500 feet MSL to 4,000 feet MSL.
It would be bounded on the north by lat.
26°10′03″N (the eastern most portion of
Oakland Park Boulevard located in
Lauderdale Beach); on the east by the
north-south portion of Interstate I–75
and State Road 869/Sawgrass
Expressway; on the south by the 15 NM
radius of MIA; and on the west by U.S.
Route 27. Area E would be located
between Areas B and C.
A goal of the design of Area E is to
resolve an issue caused by the
configurations of the current MIA Class
B airspace and the FLL Class C airspace
areas. A gap, approximately 4–5 NM
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wide, exists in the airspace between the
current 10 NM radius of FLL’s Class C
airspace (to the west of the airport), and
the existing MIA Class B airspace area
to the northwest of MIA (in the vicinity
of U.S. Route 27). VFR aircraft that are
not in communication with ATC
frequently transit this gap and are
climbing or descending through the
final approach courses and the
downwind legs for FLL arrivals to
runways 10L/10R. The proposed design
of Area E is intended to close this gap
to enhance safety for both FLL traffic
and the transiting VFR aircraft. The
original proposal set the Class C
airspace floor in this area at 1,200 feet
MSL. Due to concerns about restricting
VFR aircraft transiting the area, the
proposed Area E floor is raised to 1,500
feet MSL to give VFR aircraft more room
to transition north and south. The use
of existing major roadways to mark the
boundaries gives VFR pilots better
situational awareness of the lateral
confines of Area E.
Area F. Area F would extend upward
from 2,500 feet MSL to 4,000 feet MSL.
The area’s boundaries would begin at a
point northwest of FLL where U.S.
Route 27 intersects lat. 26°13′53″N
(aligned with the eastern portion of
Atlantic Boulevard in Pompano Beach);
thence moving east along lat.
26°13′53″N to a point that intersects the
20 NM radius of FLL; thence moving
clockwise along the 20 NM radius of
FLL to a point that intersects lat.
26°00′39″N; (the eastern most portion of
Hollywood Boulevard located in
Hollywood); thence moving west along
lat. 26°00′39″N to a point that intersects
the 15 NM radius of FLL; thence moving
counter-clockwise along the 15 NM
radius of FLL to a point that intersects
lat. 26°10′03″N (the eastern most portion
of Oakland Park Boulevard located in
Lauderdale Beach); thence moving west
along lat. 26°10′03″N to a point that
intersects U.S. route 27; thence moving
north along U.S. Route 27 to the point
of beginning. Area F forms the northern
shelf of the FLL Class C airspace area,
running east and west between areas C
and D, as well as a north/south segment
running between Areas G and D.
With today’s FLL Class C airspace
configuration, the floor of Class C
airspace over FXE is 1,200 feet MSL.
This 1,200-foot floor extends right up to
PMP. Within the proposed Area F, the
Class C airspace floor would be raised
to 2,500 feet MSL over FXE, and the
northern boundary of Class C airspace
would be moved farther to the south of
PMP and aligned with the eastern
portion of Atlantic Boulevard. This
proposed 2,500-foot MSL Class C
airspace shelf over FXE, and southward
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relocation of the northern Class C
airspace boundary to be aligned with
Atlantic Boulevard, provides a number
of benefits, including: The use of visual
references for airspace boundaries;
better access for VFR pilots to the FXE
and PMP areas; additional room below
Class C airspace to accommodate
downwind departures from FXE; better
access for the flight schools based at
FXE and PMP to airspace that is
regularly used for flight training; and
providing FXE and PMP ATCTs access
to more altitudes within their Class D
airspace areas.
Area G. Area G would extend upward
from 1,200 feet MSL to 4,000 feet MSL.
The area boundaries would begin at a
point northeast of FLL where the 7 NM
radius of FLL intersects lat. 26°10′03″N
(the eastern most portion of Oakland
Park Boulevard located in Lauderdale
beach); thence moving clockwise along
the 7 NM radius of FLL to a point that
intersects lat. 26°00′39″N (the eastern
most portion of Hollywood Boulevard
located in Hollywood); thence moving
east along lat. 26°00′39″N to a point that
intersects the 15 NM radius of FLL;
thence moving counterclockwise along
the 15 NM radius of FLL to a point that
intersects lat. 26°10′03″N; thence
moving west along lat. 26°10′03″N, to
the point of beginning. Area G would be
located between Areas A and F.
In addition, this action proposes to
remove the Class E airspace extension to
the FLL Class C airspace surface area
(which would become Class C within
Area A). The proposed expansion of
Area A from the current 5 NM radius,
to a 7 NM radius, would overlie the
Class E airspace extension rendering it
unnecessary.
Class C airspace areas are published
in paragraph 4000 of FAA Order
7400.11E, dated July 21, 2020 and
effective September 15, 2002, which is
incorporated by reference in 14 CFR
71.1. Class E airspace areas designated
as an extension to a Class C surface area
are published in paragraph 6003 of FAA
Order 7400.11E. The Class C airspace
area and Class E airspace extension
modifications proposed in this
document would be published
subsequently in the Order.
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. The
FAA has determined that there is no
new information collection requirement
associated with this proposed rule.
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Federal Register / Vol. 86, No. 62 / Friday, April 2, 2021 / Proposed Rules
Regulatory Notices and Analyses
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, this 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 proposed rule.
In conducting these analyses, the FAA
has determined that this proposed rule:
(1) Is expected to have a minimal cost
impact, (2) is not an economically
‘‘significant regulatory action’’ as
defined in section 3(f) of Executive
Order 12866, (3) is not significant under
DOT’s administrative procedure rule on
rulemaking at 49 CFR 5.13; (4) not have
a significant economic impact on a
substantial number of small entities; (5)
does not create unnecessary obstacles to
the foreign commerce of the United
States; and (6) does not impose an
unfunded mandate on state, local, or
tribal governments, or on the private
sector by exceeding the threshold
identified above. These analyses are
summarized below.
As discussed above, the FAA
determined that changes put forth in
this proposed rule would increase
airspace safety and efficiency. The
proposed rule would reconfigure and
expand the FLL Class C airspace.
Despite significant increases in aircraft
operations and passenger enplanements
over the years, the FLL Class C airspace
has not been modified since its
inception in 1986. The current Class C
airspace area is not sufficient to
accommodate the volume of aircraft
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operations in the congested South
Florida airspace, nor the traffic pattern
required by the increasing numbers of
turbojet operations at FLL. The goals of
the proposal are to reduce the risk of
midair collisions and increase efficiency
of air traffic operations in the FLL
terminals.
The proposed expansion to Class C
airspace would affect the VFR and
general aviation community. VFR
operators would only need to make
minor adjustments to accommodate the
expansion. As mentioned above, the
FAA considered recommendations from
an Ad Hoc Committee as well as the
four informal airspace meetings from
the stakeholders on the planned
modifications to the FLL airspace. The
feedback resulted in changes to the
airspace design with the intent of
maintaining safety and minimizing the
impact to operators using the
surrounding airspace. Additionally,
VFR operators can also use the current
north-south charted VFR flyway below
the 3,000-foot Class B floor to the west
of MIA, which enables pilots to fly
beneath the Class B, and east-west
flyway below 2000 MSL located to the
south of HWO, or to the north of Miami
OPF. Therefore, the FAA expects the
Class B modifications in this proposal
would result in minimal cost to VFR
operators. The FAA requests comments
on the benefits and costs of this
proposal to inform the final rule.
The discussion presented in this
section reflects conditions that predate
the public health emergency concerning
the novel coronavirus disease (COVID–
19) in 2020. At the time of writing, there
is uncertainty surrounding the timing of
recovery and the long-term effects from
the public health emergency. To the
extent that there are lingering or lasting
changes to general aviation and air
carrier operations, the benefits and costs
of the FLL Class C airspace modification
in this proposal may vary relative to the
level of future operations.
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,
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17339
including small businesses, not-forprofit organizations, and small
governmental jurisdictions.
Agencies must perform a review to
determine whether a rule will have a
significant economic impact on a
substantial number of small entities. If
the agency determines that it will, the
agency must prepare a regulatory
flexibility analysis as described in the
RFA. However, if an agency determines
that a rule is not expected to have a
significant economic impact on a
substantial number of small entities,
section 605(b) of the RFA provides that
the head of the agency may so certify
and a regulatory flexibility analysis is
not required. The certification must
include a statement providing the
factual basis for this determination, and
the reasoning should be clear.
The proposed rule would modify
Class C airspace around FLL. The
change would affect general aviation
operators using the airspace at or near
FLL. Operators flying VFR would need
to adjust their flight paths to avoid the
modified Class C airspace. However, the
modifications to Class C airspace are
intended to be the least restrictive
option while enhancing safety.
Additionally, VFR operators can also
use the current north-south charted VFR
flyway below the 3,000-foot Class B
floor to the west of MIA, which enables
pilots to fly beneath the Class B, and
east-west flyway below 2000 MSL
located to the south of HWO, or to the
north of Miami OPF. VFR pilots have
the option to contact ATC at Miami
TRACON or FLL ATCT, and request
flight following, if desired. Therefore, as
provided in section 605(b), the head of
the FAA certifies that this rulemaking
would 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
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U.S. standards. The FAA has assessed
the potential effect of this proposed rule
and determined that it would improve
safety and is consistent with the Trade
Agreements Act.
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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 $155
million in $100 million. This proposed
rule does not contain such a mandate;
therefore, the requirements of Title II of
the Act do not apply.
ICAO Considerations
As part of this proposal relates to
navigable airspace outside the United
States, this notice is submitted in
accordance with the International Civil
Aviation Organization (ICAO)
International Standards and
Recommended Practices.
The application of International
Standards and Recommended Practices
by the Air Traffic Service, FAA, in areas
outside the United States domestic
airspace, is governed by the Convention
on International Civil Aviation.
Specifically, the FAA is governed by
Article 12 and Annex 11, which pertain
to the establishment of necessary air
navigational facilities and services to
promote the safe, orderly, and
expeditious flow of civil air traffic. The
purpose of Article 12 and Annex 11 is
to ensure that civil aircraft operations
on international air routes are
performed under uniform conditions.
The International Standards and
Recommended Practices in Annex 11
apply to airspace under the jurisdiction
of a contracting state, derived from
ICAO. Annex 11 provisions apply when
air traffic services are provided and a
contracting state accepts the
responsibility of providing air traffic
services over high seas or in airspace of
undetermined sovereignty. A
contracting state accepting this
responsibility may apply the
International Standards and
Recommended Practices that are
consistent with standards and practices
utilized in its domestic jurisdiction.
In accordance with Article 3 of the
Convention, state-owned aircraft are
exempt from the Standards and
Recommended Practices of Annex 11.
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The United States is a contracting state
to the Convention. Article 3(d) of the
Convention provides that participating
state aircraft will be operated in
international airspace with due regard
for the safety of civil aircraft. Since this
proposal involves, in part, the
designation of navigable airspace
outside the United States, the
Administrator consulted with the
Secretary of State and the Secretary of
Defense in accordance with the
provisions of Executive Order 10854.
The Department of State responded
with no objection to the proposed
expansion of the Miami Class B and Fort
Lauderdale Class C airspace areas. The
Department of Defense Policy Board on
Federal Aviation (PBFA) concurred with
comment on the proposal stating the
following: ‘‘We would like to document
our concerns that extending these areas
into international airspace places
additional restrictions and equipage
requirements on aircraft who normally
transit this airspace. Additionally we
believe such ATC expansions could set
a precedent and encourage/allow
foreign nations to exert more restrictive
control measures in other international
airspaces with no limits to the lateral
confines, all in the name of commerce
and safety.’’
Environmental Review
This proposal will be subject to an
environmental analysis in accordance
with FAA Order 1050.1F,
‘‘Environmental Impacts: Policies and
Procedures’’ prior to any FAA final
regulatory action.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
The Proposed Amendment
In consideration of the foregoing, the
Federal Aviation Administration
proposes to amend 14 CFR part 71 as
follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for part 71
continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 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 7400.11E,
Airspace Designations and Reporting
Points, dated July 21, 2020, and
■
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effective September 15, 2020, is
amended as follows:
Paragraph 4000—Subpart C—Class C
Airspace
*
*
*
*
*
ASO FL C Fort Lauderdale-Hollywood
International Airport, FL
Fort Lauderdale-Hollywood International
Airport, FL
(Lat. 26°04′18″N, long. 80°08′59″W)
Boundaries
Area A. That airspace extending upward
from the surface to and including 4,000 feet
MSL within a 7 nautical mile radius of Fort
Lauderdale-Hollywood International Airport,
excluding the airspace North of lat. 26°10′03″
N (the eastern most portion of Oakland Park
Boulevard located in Lauderdale Beach), and
bounded on the south by a 15 nautical mile
radius of Miami International Airport, and on
the southeast by lat. 26°00′39″ N (the eastern
most portion of Hollywood Boulevard
located in Hollywood).
Area B. That airspace extending upward
from 1,200 feet MSL to and including 4,000
feet MSL beginning at a point northwest of
Fort Lauderdale-Hollywood International
Airport at the intersection of a 7 nautical
mile radius of Fort Lauderdale-Hollywood
International Airport and lat. 26°10′03″ N,
thence moving west along lat. 26°10′03″ N
(the eastern most portion of Oakland Park
Boulevard located in Lauderdale Beach), to a
point that intersects State Road 869/Sawgrass
Expressway, thence moving south along State
Road 869/Sawgrass Expressway, [continuing
south across the intersection of State Road
869/Sawgrass Expressway, Interstate 595,
and Interstate 75], and continuing south
along Interstate 75 to a point that intersects
a 15 nautical mile radius of Miami
International Airport, thence moving
clockwise along the 15 nautical mile radius
to a point that intersects the 7 nautical mile
radius of Fort Lauderdale-Hollywood
International Airport, thence moving
clockwise along the 7 nautical mile radius to
the point of beginning.
Area C. That airspace extending upward
from 3,000 feet MSL to and including 4,000
feet MSL within an area bounded on the
north by lat. 26°13′53″ N (aligned with the
eastern portion of Atlantic Boulevard located
in Pompano Beach), on the west by a 25
nautical mile radius of Fort LauderdaleHollywood International Airport, on the
South by lat. 25°57′48″ N, on the southeast
by a 15 nautical mile radius of Miami
International Airport, and on the east by US
Route 27.
Area D. That airspace extending upward
from 3,000 feet MSL to and including 4,000
feet MSL within an area bounded on the
north by lat. 26°13′53″ N (aligned with the
eastern portion of Atlantic Boulevard located
in Pompano Beach), on the east by a 25
nautical mile radius of Fort LauderdaleHollywood International Airport, on the
south by lat. 26°00′39″ N (the eastern most
portion of Hollywood Boulevard located in
Hollywood), and on the west by a 20 nautical
mile radius of Fort Lauderdale-Hollywood
International Airport.
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Federal Register / Vol. 86, No. 62 / Friday, April 2, 2021 / Proposed Rules
jbell on DSKJLSW7X2PROD with PROPOSALS
Area E. That airspace extending upward
from 1,500 feet MSL to and including 4,000
feet MSL within an area bounded on the
north by lat. 26°10′03″ N (the eastern most
portion of Oakland Park Boulevard located in
Lauderdale Beach), on the east by the northsouth portion of Interstate 75 and State Road
869/Sawgrass Expressway, on the south by a
15 nautical mile radius of Miami
International Airport, and on the west by US
Route 27.
Area F. That airspace extending upward
from 2,500 feet MSL to and including 4,000
feet MSL beginning northwest of Fort
Lauderdale-Hollywood International Airport
at a point that intersects US Route 27 and lat.
26°13′53″ N (aligned with the eastern portion
of Atlantic Boulevard located in Pompano
Beach), thence moving east along lat.
26°13′53″ N to a point that intersects a 20
nautical mile radius of Fort Lauderdale-
VerDate Sep<11>2014
16:28 Apr 01, 2021
Jkt 253001
Hollywood International Airport, thence
moving clockwise along the 20 nautical mile
radius to a point that intersects lat. 26°00′39″
N (the eastern most portion of Hollywood
Boulevard located in Hollywood), thence
moving west to a point that intersects a 15
nautical mile radius of Fort LauderdaleHollywood International Airport, thence
moving counter-clockwise along the 15
nautical mile radius to a point that intersects
lat. 26°10′03″ N (the eastern most portion of
Oakland Park Boulevard located in
Lauderdale Beach), thence moving west
along lat. 26°10′03″ N to a point that
intersects US Route 27, thence moving north
along US Route 27 to the point of beginning.
Area G. That airspace extending upward
from 1,200 feet MSL to and including 4,000
feet MSL beginning northeast of Fort
Lauderdale-Hollywood International Airport
at a point that intersects a 7 nautical mile
PO 00000
Frm 00020
Fmt 4702
Sfmt 4702
17341
radius of Fort Lauderdale-Hollywood
International Airport and lat. 26°10′03″ N
(the eastern most portion of Oakland Park
Boulevard located in Lauderdale Beach),
thence moving clockwise along the 7 nautical
mile radius to a point that intersects lat.
26°00′39″ N (the eastern most portion of
Hollywood Boulevard located in Hollywood),
thence moving east along lat. 26°00′39″ N to
a point that intersects a 15 nautical mile
radius of Fort Lauderdale-Hollywood
International Airport, thence moving
counter-clockwise along the 15 nautical mile
radius to a point that intersects lat. 26°10′03″
N, thence moving west along lat. 26°10′03″ N
to the point of beginning.
Paragraph 6003—Subpart E—Class E
Airspace Areas Designated as an Extension
to a Class C Surface Area.
E:\FR\FM\02APP1.SGM
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17342
Federal Register / Vol. 86, No. 62 / Friday, April 2, 2021 / Proposed Rules
PROPOSED MODIFICATION OF THE FORT LAUDERDALE-HOLLYWOOD
INTERNATIONAL AIRPORT CLASS C AIRSPACE AREA
(Docket Number 18-AWA-3)
SCT
•
I
t
2
ARE"-C
"'
030-040
z
N
FXE
•
AREAF
025-040
2
....z
012-040
AREA.A
SFC--040
FU.
2
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z
•
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0J0.Q4Q
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IMO
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NOT FOR
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Abbreviations
ASO FL E3
[Remove]
Fort Lauderdale, FL
Issued in Washington, DC, on March 29,
2021.
George Gonzales,
Acting Manager, Rules and Regulations
Group.
jbell on DSKJLSW7X2PROD with PROPOSALS
[FR Doc. 2021–06805 Filed 4–1–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Part 101
[Docket No. RM21–15–000]
Petition for Rulemaking of Center for
Biological Diversity
Federal Energy Regulatory
Commission, DOE.
ACTION: Petition for rulemaking.
AGENCY:
Take notice that, on March
17, 2021, Center for Biological Diversity,
pursuant to Rule 207 of the Federal
SUMMARY:
VerDate Sep<11>2014
16:28 Apr 01, 2021
Jkt 253001
PO 00000
Frm 00021
Fmt 4702
Sfmt 4702
Energy Regulatory Commission’s
(Commission) Rules of Practice and
Procedure, and section 553 of the
Administrative Procedure Act, filed a
petition requesting that the Commission
amend the Uniform Systems of
Accounts requirements for payments to
industry associations engaged in
lobbying or other influence-related
activities, all as more fully explained in
the petition.
DATES: Comments due 5 p.m. Eastern
time on April 26, 2021.
ADDRESSES: The Commission strongly
encourages electronic filing of
comments in lieu of paper using the
eFile link at https://www.ferc.gov. In lieu
E:\FR\FM\02APP1.SGM
02APP1
EP02AP21.000
BCT Boca Raton Airport
FLL Fort Lauderdale/Hollywood International Airport
FXE Fort Lauderdale Executive Airport
HWO North Perry Airport
MIA Miami International Airport
OPF Opa Locka Executive
PMP Pompano Beach Airpark
DIIP Dolphin VORTAC
Agencies
[Federal Register Volume 86, Number 62 (Friday, April 2, 2021)]
[Proposed Rules]
[Pages 17333-17342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06805]
[[Page 17333]]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2020-0988; Airspace Docket No. 18-AWA-3]
Proposed Amendment of Class C Airspace and Revocation of Class E
Airspace Extension; Fort Lauderdale, FL
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: This action proposes to reconfigure and expand the Fort
Lauderdale-Hollywood International Airport, FL (FLL), Class C airspace
area. The FAA is proposing this action to reduce the risk of midair
collisions and enhance the efficient management of air traffic
operations in the FLL terminal area. Additionally, this action proposes
to revoke the Class E airspace extension to the FLL Class C airspace
surface area. This proposed action is separate and distinct from the
South Florida Metroplex Project. No flight path changes are associated
with this proposal.
DATES: Comments must be received on or before June 1, 2021.
ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone:
(800) 647-5527, or (202) 366-9826. You must identify FAA Docket No.
FAA-2020-0988; Airspace Docket No. 18-AWA-3, at the beginning of your
comments. You may also submit comments through the internet at https://www.regulations.gov.
FAA Order 7400.11E, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Rules and Regulations Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11E at NARA, email:
[email protected] or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
FOR FURTHER INFORMATION CONTACT: Paul Gallant, Rules and Regulations
Group, Office of Policy, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.
SUPPLEMENTARY INFORMATION:
Authority for This Rulemaking
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 would modify the airspace structure as necessary to
preserve the safe and efficient flow of air traffic within the National
Airspace System (NAS).
Comments Invited
Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers (FAA Docket No.
FAA-2020-0988; Airspace Docket No. 18-AWA-3) and be submitted in
triplicate to the Docket Management Facility (see ADDRESSES section for
address and phone number). You may also submit comments through the
internet at https://www.regulations.gov.
Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to FAA Docket No. FAA-2020-0988; Airspace Docket No. 18-AWA-3.'' The
postcard will be date/time stamped and returned to the commenter.
All communications received on or before the specified comment
closing date will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the comment
closing date. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.
Availability of NPRM
An electronic copy of this document may be downloaded through the
internet at https://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at https://www.faa.gov/air_traffic/publications/airspace_amendments/.
You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between
9:00 a.m. and 5.00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the office of the Eastern Service Center, Federal
Aviation Administration, Room 210, 1701 Columbia Ave., College Park, GA
30337.
Availability and Summary of Documents for Incorporation by Reference
This document proposes to amend FAA Order 7400.11E, Airspace
Designations and Reporting Points, dated July 21, 2020, and effective
September 15, 2020. FAA Order 7400.11E is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11E lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.
Background
In 1986, the FAA issued a final rule that established the Fort
Lauderdale-Hollywood International Airport, FL, Airport Radar Service
Area (ARSA) (51 FR 4872; February 7, 1986). As a result of the Airspace
Reclassification final rule (56 FR 65638; December 17, 1991), which
became effective in September 1993, the term ``Airport Radar Service
Area'' was replaced by ``Class C airspace area.'' As with the former
ARSA, the primary purpose of a Class C airspace area is to reduce the
potential for midair collisions in terminal areas and promote the
efficient management of air traffic in those areas. Pilots are required
to establish two-way radio communications with air traffic control
(ATC) before entering Class C airspace, and they must maintain two-way
radio communications with ATC while
[[Page 17334]]
operating in Class C airspace. These requirements are designed to keep
ATC informed of all aircraft operating within the Class C airspace
area.
Developments Since the Origination of the FLL Class C Airspace Area
Despite significant increases in aircraft operations and passenger
enplanements at FLL over the years, the FLL Class C airspace area has
not been modified since its inception in 1986.
In 2014, runway 10R/28L was extended from 5,276 feet to 8,000 feet
in length. The extension increased airport capacity by making two
runways available to larger aircraft types instead of one.
In 2008, FLL hosted 309,624 total operations, and 11,400,548
passenger enplanements. By 2019, these numbers had grown to 331,455
total operations, and 17,950,989 passenger enplanements. With these
figures, FLL actually meets the criteria to be a candidate for the
establishment of a Class B airspace area. In 2009, the FAA considered
converting the FLL Class C airspace area to Class B airspace. However,
as discussed later in this NPRM, the FAA decided that the airspace
safety and efficiency goals could be satisfied by expanding the FLL
Class C airspace area instead.
Impact of FLL Class C Airspace Area Configuration on Operations
The current FLL Class C airspace area is not sufficient to
accommodate the volume and diversity of aircraft operations in the
congested South Florida airspace, nor the traffic patterns required by
the increasing numbers of turbojet operations at FLL.
The current FLL Class C airspace configuration has the following
impacts on operations at FLL:
1. Insufficient Class C airspace is available to provide for the
most efficient arrival and departure operations at FLL. Significant
numbers of visual flight rules (VFR) aircraft, which are not in contact
with air traffic control (ATC), routinely operate in the same airspace
outside of the FLL Class C area that is also used by aircraft operating
to and from FLL. Under the proposal, these VFR aircraft would be
required to establish contact with ATC enabling greater efficiency.
2. Controllers must alter the approach profile of instrument flight
rules (IFR) arrival traffic when unknown VFR aircraft are transitioning
a gap between the existing Miami (MIA) Class B and FLL Class C airspace
areas. This gap, which is approximately 4-5 nautical miles (NM) wide,
exists in the airspace between the current 10 NM radius of the FLL
Class C airspace (to the west of FLL), and the existing MIA Class B
airspace area to the northwest of MIA (in the vicinity of U.S. Route
27). VFR aircraft that are not in communication with ATC routinely
transit this area and, in doing so, they climb or descend through the
final approach courses and the downwind legs for FLL arrivals to
runways 10L and 10R requiring commercial pilots to alter their flight
path or altitude resulting in a disruption of the orderly flow of
arrivals to the airport. Closing this airspace gap would enhance safety
for FLL traffic.
3. Increases workload for air traffic controllers due to the need
for additional vectoring of FLL arrivals and departures to ensure
separation from VFR aircraft not in communication with ATC.
Benefits of Modifying the FLL Class C Airspace Area
Modifications of the current FLL Class C airspace area would
enhance safety by lessening the likelihood of FLL arrivals and
departures encountering unknown aircraft that are not in contact with
ATC. The unique combination of high volumes of general aviation and
commercial operations, plus intensive student pilot training, and
transiting VFR aircraft that take place in the congested FLL terminal
area support a proposal to expand the FLL Class C airspace area in the
interest of safety and the efficient use of the airspace.
The FAA believes that users would benefit from participation in the
proposed expanded availability of Class C services around FLL which
include: sequencing of all aircraft to the primary airport (FLL);
standard IFR services to IFR aircraft; separation, traffic advisories,
and safety alerts between IFR and VFR aircraft; and, mandatory traffic
advisories and safety alerts between VFR aircraft.
Local Area Airport Identifiers
For reference, the following airport identifiers are used in this
NPRM:
BCT Boca Raton Airport
FLL Fort Lauderdale/Hollywood International Airport
FXE Fort Lauderdale Executive Airport
HWO North Perry Airport
MIA Miami International Airport
OPF Opa Locka Executive
PMP Pompano Beach Airpark
TMB Miami Executive Airport
X51 Miami Homestead General Aviation Airport
Pre-NPRM Public Input
In 2010, the FAA initiated action to form an Ad Hoc Committee
(Committee) to seek input and recommendations from representatives of
effected aviation segments for the FAA to consider in designing
proposed modifications to the Miami International Airport (MIA), Class
B airspace area, and to convert the FLL Class C airspace area to Class
B airspace. Participants in the Committee included representatives from
the Aircraft Owners and Pilots Association (AOPA), Miami-Dade Aviation
Department, Miami-Dade Police Department Aviation Unit, Florida DOT,
Broward County Aviation Department, Opa-Locka Helicopters, ADF Airways,
Sheltair Aviation, National Jets, Aerial Banners, Delta Connection,
Florida Aero Club, and Van Wagner Aerial Media.
Discussion of Ad Hoc Committee Recommendations
The Ad Hoc Committee submitted three recommendations for the FAA to
consider in designing proposed modifications of the MIA Class B
airspace area, and the proposed conversion of the FLL Class C airspace
area to Class B airspace.
The Committee recommended that the FAA align the boundaries of the
Class B airspace with prominent geographical features (visual
landmarks) whenever possible.
The FAA agrees and tries to adopt the use of geographical features
whenever possible. However, areas that overlie the Atlantic Ocean and
the Florida Everglades lack prominent landmarks. Currently, there are
approximately 25 VFR checkpoints, four VFR waypoints, and five
latitude/longitude points depicted on the VFR Flyway Planning Chart in
the MIA/FLL area. The FAA is considering additional points to enhance
VFR navigation in the area.
The Committee recommended that the FAA establish a VFR Corridor
between 3,000 feet and 5,000 feet mean sea level (MSL) that extends
from the northern edge of FLL's airspace to the southern edge of MIA's
airspace, to permit north-south transition of aircraft. The Committee
suggested that this would be similar to the Los Angeles Special Flight
Rules Area, which traverses the Los Angeles Class B airspace. Very High
Frequency Omnidirectional Range (VOR) radials should be used to define
the centerline of the Corridor enabling both VOR and GPS equipped
aircraft to navigate the corridor.
The FAA could not adopt this recommendation because a VFR corridor
is essentially a ``tunnel'' through Class B airspace within which
aircraft may operate without an ATC Clearance or communication with
ATC. For this reason, a VFR Corridor is not feasible for this area
based on
[[Page 17335]]
operational constraints such as traffic volume and traffic flows. MIA
arrival traffic descends from 8,000 feet MSL to 3,000 feet MSL in the
downwind leg. Departures climb to 5,000 feet MSL initially, and
aircraft executing a go-around climb to either 3,000 feet MSL or 4,000
feet MSL. For FLL, arrivals descend from 6,000 feet MSL to 3,000 feet
MSL in the downwind leg. Departures climb to 3,000 feet MSL initially,
and aircraft executing a go-around climb to 2,000 feet MSL or 3,000
feet MSL. Since aircraft could operate in the corridor without an ATC
clearance or communication with ATC, this would present a safety
hazard, especially during irregular operations, such as weather
impacting the normal arrival and departure routes.
Alternatively, there is a charted VFR Flyway below 3,000 feet MSL,
running generally north and south, that is located beneath the western
side of the MIA Class B airspace area. Additionally, an east-west
oriented Flyway below 2,000 feet MSL is located to the south of
Hollywood North Perry airport (HWO), and to the north of Miami-Opa
Locka Executive airport (OPF).
The Committee recommended that the FAA develop ``shoreline
transitions'' for VFR aircraft through the Class B airspace.
Specifically, this would accommodate pilots who desire to operate over
or near the shoreline east of FLL. The Committee added that the FAA
should publish information on Sectional and Terminal Area Charts (TAC)
to advise aircraft requesting shoreline transitions to contact MIA
Approach; including frequencies, designated entry and exit points,
expected altitudes, and times requests may be approved.
The FAA reviewed this recommendation and, although shoreline
transitions do exist in the Miami area, due to the close proximity of
FLL to the shoreline, a shoreline transition is not feasible in that
area.
After full consideration of the Committee's discussions and
recommendations, the FAA decided to pursue an alternative airspace
design for FLL. Rather than converting the Class C airspace area at FLL
to Class B airspace, the FAA proposes to retain, but expand, the
existing FLL Class C airspace area. This alternative would provide all
the benefits that could be achieved with the original FLL Class B
concept but with less impact on local VFR and general aviation
operations. This NPRM proposes modifications to the FLL Class C
airspace area. The proposed modifications of the MIA Class B airspace
area was addressed in a separate NPRM. (86 FR 12868, March 5, 2021).
Discussion of Informal Airspace Meeting Comments
As announced in the Federal Register on December 4, 2012, the FAA
conducted three informal airspace meetings: January 28, 2013, at the
Wings Over Miami Air Museum, Miami, FL; January 29, 2013, at Miami Dade
College, Miami, FL; and January 30, 2013, Miramar Town Center, Miramar,
FL. (77 FR 71734). Additionally, as announced in the Federal Register
on April 1, 2019, the FAA also held one informal airspace meeting on
June 12, 2019, at Broward College, Pembroke Pines, FL. (84 FR 12146).
These meetings provided interested airspace users with an opportunity
to present their views and offer recommendations regarding the planned
modification of the FLL Class C airspace area. The FAA received
comments from 32 individuals in response to the four meetings. The FAA
received a number of comments from the January 2013 meetings that
pertained specifically to the proposed modification of the MIA Class B
airspace area. Those comments are addressed in a separate NPRM that
proposes to modify the MIA Class B airspace. The NPRM was published in
the Federal Register on March 5, 2021 (86 FR 12868). You may read the
MIA Class B NPRM on the internet at https://www.regulations.gov. Enter
the search term FAA-2020-0490.
January 2013 Informal Airspace Meeting Comments
Many commenters asked that the FLL Class C airspace boundaries be
based on visual ground references such as highways and landmarks to
assist VFR pilots in identifying the lateral boundaries of the area.
One commenter wrote that the FAA should consider a physical feature,
such as University Avenue, to define the western side of the Class C
surface area's 7 NM radius.
The FAA agrees and has incorporated well-known roads such as U.S.
Route 27, I-75, Oakland Park Boulevard, etc., into the proposed
description of the FLL Class C airspace area. Regarding a reference for
the surface area, a suitable pilotage landmark that is already charted
is the Snake Creek Canal that runs parallel to Flamingo Road in Broward
County. The canal is about 1 to 2 miles outside the western edge of the
surface area. Use of that visual landmark would ensure that VFR pilots
remain clear of the surface area.
A commenter wrote that, with the expansion of the Class C airspace
area, it is important that adequate ATC staffing be provided to handle
the higher number of VFR aircraft transitioning the area.
The proposed airspace change would affect the Miami Terminal Radar
Approach Control (TRACON) controller workload with an anticipated
increase of aircraft requesting flight following services. Miami TRACON
provides IFR services to traffic operating to and from FLL. The comment
is valid and actions have been taken to address this concern.
Considering the anticipated greater workload, the FAA has increased the
utilization of additional radar positions that provide relief for
controllers working the Opa Locka Executive Airport (OPF)/North Perry
Airport (HWO) area. These additional positions split the workload in
half (east side and west side) and provide extra capacity to handle
flight following services. It is suggested that pilots consider
obtaining a discrete transponder code from air traffic control before
takeoff to ensure that flight following in VFR conditions can commence
shortly after departure.
One commenter suggested that the FAA consider a VFR Corridor within
the Class C airspace that takes VFR aircraft from the coast to overhead
FLL at 1,500 feet MSL southbound, and 2,000 feet MSL northbound, and
back out to the coast.
The procedures for overflights at FLL are governed by a Letter of
Agreement (LOA) between MIA ATCT and FLL ATCT. Aircraft operating from
the coast to transition over FLL may currently contact FLL ATCT to
transition at or below 1,000 feet MSL along the shoreline. Aircraft
transitioning VFR over FLL, in communication with MIA TRACON, are
provided transition at or above 2,500 feet MSL. The 2,500-foot
restriction is intended to allow aircraft on a missed approach climb to
2,000 feet MSL per the LOA. A designated VFR corridor at 1,500 feet MSL
or 2,000 feet MSL is not feasible due to traffic volume and the
provisions of the LOA.
Several commenters were concerned that the Class C expansion would
encroach upon student pilot training in the practice areas, such as
alert areas A-291B and A-291C, by reducing the airspace available for
training in this congested area. Additionally, a commenter noted that
numerous flight schools operate out of FXE. There is concern that the
proposed northern boundary of the Class C airspace area could eliminate
an avenue for student pilots transitioning to and from the practice
areas. The commenter argued that this might cause flight schools to
cease operations at FXE.
The current floor of Class C airspace over FXE is at 1,200 feet
MSL. The FAA
[[Page 17336]]
proposes to establish Class C Area F (described below) over FXE. Area F
would be bounded in the north along lat. 26[deg]13'53''N (aligned with
the eastern portion of Atlantic Boulevard located in Pompano Beach),
which lies to the north of FXE. To the south of FXE, the southern
boundary of Area F would be defined by lat. 26[deg]10'03''N (aligned
with the eastern most portion of Oakland Park Boulevard located in
Lauderdale Beach). The floor of Class C airspace in Area F would be
2,500 feet MSL instead of the current 1,200 feet MSL. The change would
provide more room for operations to and from FXE without the need for
pilots to enter Class C airspace.
A commenter said that traffic flying to and from North Perry
Airport (HWO) and Opa Locka Executive Airport (OPF) will be boxed in by
the Class C 1,200-foot MSL shelf causing them to fly low when
travelling to and from the northern areas. The commenter also stated
that access to FXE and Pompano Airpark (PMP) would be greatly decreased
by the requirement to fly below 1,200 feet MSL.
Aircraft operating to and from HWO and OPF can still transition
below the MIA Class B airspace area below 3,000 feet MSL to join the
charted VFR Flyways beneath the MIA Class B and the proposed FLL Class
C airspace areas. The 2,500-foot MSL Class C floor in the proposed Area
F (discussed above) would enhance access to HWO and PMP. Note that PMP
is outside the proposed northern boundary of the Class C airspace area.
Another commenter flying from HWO said that the western most edge
of the FLL Class C airspace area should run along U.S. Route 27.
According to the commenter, for students flying out over the
Everglades, U.S. Route 27 is the last visual reference they could use
to tell if they are clear of the Class C airspace and it is safe to
climb. Without that reference, according to the commenter, students
would have to fly out much farther to ensure they are actually clear of
the Class C airspace.
U.S. Route 27 marks the eastern boundary of proposed FLL Class C
Area C, which would extend westward to the 25 NM radius of FLL. The
floor of Area C would be at 3,000 feet MSL. U.S. Route 27 could still
be used as a visual reference to indicate the point beyond which an
altitude below 3,000 feet MSL would be clear of the proposed FLL Class
C airspace area. Additionally, a canal intersecting a pumping station
along Interstate I-75 can be used as a visual landmark for the western
most portion of Area C. There is also a major rest area on the highway
at that location.
A commenter highlighted another concern about the current Class C
configuration involving FXE. The commenter stated that when FXE ATCT
issues a right downwind departure off runway 9, the pilot has to rush
to get acknowledged by Miami Approach in order to not violate the Class
C airspace area. The commenter asked if the north end of the Class C
could be sliced off at Oakland Park Boulevard; or, if not, could the
floor of the Class C north of Oakland Park Boulevard be raised to 1,600
feet MSL or more.
The FAA determined that the northern boundary of the FLL Class C
airspace area could not be set along Oakland Park Boulevard as
suggested. Oakland Park Boulevard conflicts with the proposed Class C
surface area. The current Class C extends well above Oakland Park
Boulevard. Setting the northern boundary of the Class C along Atlantic
Boulevard instead provides more vectoring room north of FLL. The
proposed Class C modification would establish Area F, with a floor of
2,500 feet MSL, over FXE. This would provide more room that is beneath
the Class C airspace to accommodate the downwind departure.
Two commenters raised the issue that setting the Class C airspace
floor at 1,200-foot MSL, 14 NM from the airport, as contained in the
original proposal, seems unprecedented. The commenter suggested some
interim altitude, such as 1,600 feet MSL, would give users more
flexibility.
After consideration of the comment, the FAA is modifying the
proposal by adding a FLL Class C Subarea E (described below) that would
be bounded on the east by Interstate I-75, and on the west by U.S.
Route 27. The proposed floor of the Class C airspace in Area E would be
1,500 feet MSL instead of the original 1,200 feet MSL. Aircraft
operating at FLL already overfly this area. The objective of this
airspace proposal is to provide the least restrictive, yet safe
operation in the terminal area.
One commenter contended that ATC never clears aircraft through
Class C airspace, except for occasional direct overflights.
FAA records show that, in the 12 months ending May 31, 2017, FLL
ATCT worked 313,802 operations with 303 IFR overflights and 16,234 VFR
overflights.
A commenter stated that the substantial extensions of Class C
airspace east and west of FLL would force pilots to fly deeper into the
everglades or farther out to sea to avoid the Class C airspace. The
commenter added that, if the changes are implemented, Flyways should be
created for both VFR and IFR traffic whose destinations are within the
South Florida area.
The FAA acknowledges these concerns. However, considering this
extremely busy and congested South Florida airspace that includes
intensive student flight training, a high volume of VFR transit
operations, as well as large numbers of commercial operations, the
proposed FLL Class C airspace modifications are essential to
maintaining safety and reducing the risk of midair collisions in the
terminal area. A north-south oriented VFR Flyway, below 3,000 feet MSL,
is currently depicted on the Miami VFR Flyway Planning Chart (on the
reverse side of the Miami Terminal Area Chart). This Flyway is located
beneath the western side of the Miami Class B airspace area, and the
proposed FLL Class C airspace area. The FAA is also considering
additional Flyways though the area.
June 2019 Informal Airspace Meeting Comments
Over 60 people attended the June 2019 informal airspace meeting.
Two commenters expressed concerns that receiving VFR flight
following in the area can be challenging due to air traffic controller
workload, and that consideration should be given to adequate staffing
to provide this additional service routinely. This comment was also
received at the January 2013 informal airspace meetings.
The proposed airspace change would affect the Miami Terminal Radar
Approach Control (TRACON) controller workload with an anticipated
increase of aircraft requesting flight following services. Miami TRACON
provides IFR services to traffic operating to and from FLL. The comment
is valid and actions have been taken to address this concern.
Considering the anticipated greater workload, the FAA has increased the
utilization of additional radar positions that provide relief for
controllers working the Opa Locka Executive Airport (OPF)/North Perry
Airport (HWO) area. These additional positions split the workload in
half (east side and west side) and provide extra capacity to handle
flight following services. It is suggested that pilots consider
obtaining a discrete transponder code from air traffic control before
takeoff to ensure that flight following in VFR conditions can commence
shortly after departure.
One commenter was concerned that the expansion of the FLL Class C
airspace area would create a precedent for other locations.
[[Page 17337]]
The purpose of Class C airspace is to reduce the risk of midair
collisions in the terminal area. A number of considerations are
evaluated before determining whether an airport qualifies for the
establishment or modification of a Class C airspace area. Proposed
Class C airspace area designs are based on site-specific factors such
as traffic volume and complexity.
A commenter suggested a north/south corridor be provided through
the FLL Class C airspace area.
Procedures for overflights at FLL are governed by a LOA between
Miami Airport Traffic Control Tower (ATCT) and FLL ATCT. Current
procedures allow aircraft to transition over FLL at 2,500 feet MSL
under two-way radio communication with ATC at Miami TRACON; or at low
level over the shoreline after establishing two-way radio communication
with FLL ATCT. Both transitions provide protection from aircraft
departing/arriving at FLL. Currently, if ATC is unable to approve a
transition request, the charted VFR Flyways to the west of FLL are
available as an option.
Another commenter said that ATC LOAs should be published for easy
access by pilots.
As an initial matter, this comment falls outside the scope of this
rulemaking. Moreover, LOAs between ATC facilities outline procedures
between facilities to allow for a standard operation, such as
interfacility coordination, etc. LOAs do not dictate procedures that
pilots who are not operating under ATC instructions need to follow.
Because LOAs outline the handling of aircraft and interaction between
ATC facilities, they are not made readily available to pilots. Whenever
a pilot is uncertain about an ATC clearance or instruction, that pilot
must immediately request clarification from ATC.
A commenter stated that expansion of the FLL Class C airspace area
should conform to readily recognized landmarks, such as canals, and
streets, to describe the boundaries.
The FAA agrees and, where feasible, has amended the proposed FLL
Class C airspace area description to use various streets, such as U.S.
Route 27, Interstate 75, Oakland Park Boulevard, etc., to define the
boundaries.
Four commenters cited concerns that the originally proposed
northern boundary of the FLL Class C airspace area, located just south
of Pompano Beach Airpark (PMP), with a floor of 1,200 feet MSL, would
interfere with Class D airspace operations at FXE and PMP. The
commenters requested that the Class C airspace north of FLL be modified
to provide a cutout with a higher floor allowing increased clearance
for VFR access to Fort Lauderdale Executive Airport (FXE).
Based on previous public comments with the same concern, the FAA
raised the proposed floor of the Class C airspace shelf over FXE to
2,500 feet MSL and moved the proposed northern Class C airspace
boundary southward to align along the eastern portion of Atlantic
Boulevard, located in Pompano Beach. These changes allow VFR aircraft
to safely maintain separation from FLL arrival and departure traffic,
while maximizing the amount of operational airspace available for
pilots operating VFR.
One commenter requested the FAA form a new Ad Hoc Committee to
provide updated recommendations regarding the proposed airspace design.
The FAA originated the Ad Hoc Committee concept as a means to get
preliminary user input during the initial design phase of Class B and C
airspace proposals, prior to the issuance of an NPRM.
The FAA carefully considered the request to form a second Ad Hoc
Committee. Although significant time has elapsed since the Committee
submitted its report, its recommendations remain valid. After full
consideration of the Committee's concerns and recommendations,
including the Committee's stated desire that the FAA mitigate the
impact to operators outside the Class B airspace area, and improve the
design originally presented to the Committee, the FAA re-evaluated the
airspace design requirements for the airspace surrounding MIA and FLL.
Based on that re-evaluation, the FAA will pursue the alternative to
retain, but modify, Class C airspace at FLL, as well as modifying the
MIA Class B airspace. This would result in less impact to the VFR and
general aviation communities. Further, the public comments received in
response to the informal airspace meetings held in 2013 and 2019 led to
changes that were incorporated into the proposed airspace designs.
Based on the above, the FAA concluded that sufficient initial
feedback was received so that the FAA could develop and publish the
airspace proposal in an NPRM. The NPRM's 60-day comment period provides
an additional opportunity for the public to submit their views on the
proposed FLL Class C airspace modification. Therefore, the FAA has
decided against reforming an Ad Hoc Committee for this proposal.
The Proposal
The FAA is proposing an amendment to 14 CFR part 71 to modify the
FLL Class C airspace area by expanding the lateral dimensions to the
east and west of the airport, and lowering of some airspace floors to
enhance safety in the Fort Lauderdale terminal area (see the attached
chart).
The current FLL Class C airspace area consists of two concentric
circles centered on the airport reference point: (1) That airspace
extending upward from the surface to 4,000 feet MSL within a 5 NM
radius of the airport; and (2) that airspace extending upward from
1,200 feet MSL to 4,000 feet MSL within a 10 NM radius of the airport.
(excluding the airspace within the adjacent Miami Class B airspace
area).
This proposal would update the FLL airport reference point
coordinates to read ``lat. 26[deg]04'18'' N, long. 80[deg]08'59'' W''
which reflects the latest information in the Airport Master Records
file. In addition, the proposal would reconfigure the Class C airspace
area from the two concentric circles design, to a more rectangular
shape consisting of seven sub-areas identified by the letters A though
G. The foot print of the area would be expanded to the east and west,
but the current 4,000-foot MSL ceiling of the Class C airspace area
would be retained. The proposed modifications are described below. In
developing these modifications, the FAA has considered the input
received from the Ad Hoc Committee, and the informal airspace meetings.
Area A. The proposed Area A is a modification of the current
surface area that extends from ground level upward to 4,000 feet MSL.
Area A would be expanded from the current 5 NM radius of FLL, to a 7 NM
radius of the airport. It would be bounded on the north by lat.
26[deg]10'03''N (the eastern most portion of Oakland Park Boulevard
located in Lauderdale Beach); and bounded on the south by a 15 NM
radius of the Miami International Airport; and on the southeast by lat.
26[deg]00'39''N (the eastern most portion of Hollywood Boulevard
located in Hollywood).
Setting the northern boundary of Area A along lat. 26[deg]10'03''N
would allow Fort Lauderdale Executive Airport (FXE) to continue using
south downwind departures from the airport and return most of the FXE
Class D airspace area altitudes to FXE ATCT for their use. The proposed
southeastern boundary of Area A would allow aircraft departing North
Perry Airport (HWO) and Opa Locka Executive Airport (OPF) more room to
transition to the east overwater.
[[Page 17338]]
Area B. Area B, located west of Area A, would extend upward from
1,200 feet MSL to 4,000 feet MSL. It would be bounded on the north by
lat. 26[deg]10'03''N; on the west by State Road 869/Sawgrass
Expressway, Interstate 595 and Interstate 75; on the south by the 15 NM
radius of Miami International Airport; and on the east by the 7 NM
radius of FLL (the western boundary of Area A). The use of existing
major roadways would give VFR pilots better awareness of the airspace
boundaries.
Area C. Area C would be located at the western end of the Class C
expansion. It would extend upward from 3,000 feet MSL to 4,000 feet
MSL. Area C would be bounded on the north by lat. 26[deg]13'53''N
(aligned with the eastern portion of Atlantic Boulevard located in
Pompano Beach) (which is also the proposed northern boundary of FLL
Class C airspace area); on the west by the 25 NM radius of FLL; on the
south by lat. 25[deg]57'48''N; on the southeast by the 15 NM radius of
MIA; and on the east by U.S. Route 27. Route 27 was selected as the
eastern boundary based on suggestions that visual references be used to
provide better situational awareness for VFR pilots.
Area D. Area D would be located at the eastern end of the Class C
expansion. It would extend upward from 3,000 feet MSL to 4,000 feet
MSL. It would be bounded on the north by lat. 26[deg]13'53''N (aligned
with the eastern portion of Atlantic Boulevard located in Pompano
Beach); on the east by the 25 NM radius of FLL; on the south by lat.
26[deg]00'39''N (the eastern most portion of Hollywood Boulevard
located in Hollywood); and on the west by the 20 NM radius of FLL. Area
D would form the eastern most section of the proposed FLL Class C
airspace area. In the original design, the Class C floor in Area D was
proposed to be 2,500 feet MSL. To accommodate concerns, the proposed
floor is raised to 3,000 feet MSL to give VFR pilots a little more room
to transition beneath the area.
Area E. Area E would extend upward from 1,500 feet MSL to 4,000
feet MSL. It would be bounded on the north by lat. 26[deg]10'03''N (the
eastern most portion of Oakland Park Boulevard located in Lauderdale
Beach); on the east by the north-south portion of Interstate I-75 and
State Road 869/Sawgrass Expressway; on the south by the 15 NM radius of
MIA; and on the west by U.S. Route 27. Area E would be located between
Areas B and C.
A goal of the design of Area E is to resolve an issue caused by the
configurations of the current MIA Class B airspace and the FLL Class C
airspace areas. A gap, approximately 4-5 NM wide, exists in the
airspace between the current 10 NM radius of FLL's Class C airspace (to
the west of the airport), and the existing MIA Class B airspace area to
the northwest of MIA (in the vicinity of U.S. Route 27). VFR aircraft
that are not in communication with ATC frequently transit this gap and
are climbing or descending through the final approach courses and the
downwind legs for FLL arrivals to runways 10L/10R. The proposed design
of Area E is intended to close this gap to enhance safety for both FLL
traffic and the transiting VFR aircraft. The original proposal set the
Class C airspace floor in this area at 1,200 feet MSL. Due to concerns
about restricting VFR aircraft transiting the area, the proposed Area E
floor is raised to 1,500 feet MSL to give VFR aircraft more room to
transition north and south. The use of existing major roadways to mark
the boundaries gives VFR pilots better situational awareness of the
lateral confines of Area E.
Area F. Area F would extend upward from 2,500 feet MSL to 4,000
feet MSL. The area's boundaries would begin at a point northwest of FLL
where U.S. Route 27 intersects lat. 26[deg]13'53''N (aligned with the
eastern portion of Atlantic Boulevard in Pompano Beach); thence moving
east along lat. 26[deg]13'53''N to a point that intersects the 20 NM
radius of FLL; thence moving clockwise along the 20 NM radius of FLL to
a point that intersects lat. 26[deg]00'39''N; (the eastern most portion
of Hollywood Boulevard located in Hollywood); thence moving west along
lat. 26[deg]00'39''N to a point that intersects the 15 NM radius of
FLL; thence moving counter-clockwise along the 15 NM radius of FLL to a
point that intersects lat. 26[deg]10'03''N (the eastern most portion of
Oakland Park Boulevard located in Lauderdale Beach); thence moving west
along lat. 26[deg]10'03''N to a point that intersects U.S. route 27;
thence moving north along U.S. Route 27 to the point of beginning. Area
F forms the northern shelf of the FLL Class C airspace area, running
east and west between areas C and D, as well as a north/south segment
running between Areas G and D.
With today's FLL Class C airspace configuration, the floor of Class
C airspace over FXE is 1,200 feet MSL. This 1,200-foot floor extends
right up to PMP. Within the proposed Area F, the Class C airspace floor
would be raised to 2,500 feet MSL over FXE, and the northern boundary
of Class C airspace would be moved farther to the south of PMP and
aligned with the eastern portion of Atlantic Boulevard. This proposed
2,500-foot MSL Class C airspace shelf over FXE, and southward
relocation of the northern Class C airspace boundary to be aligned with
Atlantic Boulevard, provides a number of benefits, including: The use
of visual references for airspace boundaries; better access for VFR
pilots to the FXE and PMP areas; additional room below Class C airspace
to accommodate downwind departures from FXE; better access for the
flight schools based at FXE and PMP to airspace that is regularly used
for flight training; and providing FXE and PMP ATCTs access to more
altitudes within their Class D airspace areas.
Area G. Area G would extend upward from 1,200 feet MSL to 4,000
feet MSL. The area boundaries would begin at a point northeast of FLL
where the 7 NM radius of FLL intersects lat. 26[deg]10'03''N (the
eastern most portion of Oakland Park Boulevard located in Lauderdale
beach); thence moving clockwise along the 7 NM radius of FLL to a point
that intersects lat. 26[deg]00'39''N (the eastern most portion of
Hollywood Boulevard located in Hollywood); thence moving east along
lat. 26[deg]00'39''N to a point that intersects the 15 NM radius of
FLL; thence moving counterclockwise along the 15 NM radius of FLL to a
point that intersects lat. 26[deg]10'03''N; thence moving west along
lat. 26[deg]10'03''N, to the point of beginning. Area G would be
located between Areas A and F.
In addition, this action proposes to remove the Class E airspace
extension to the FLL Class C airspace surface area (which would become
Class C within Area A). The proposed expansion of Area A from the
current 5 NM radius, to a 7 NM radius, would overlie the Class E
airspace extension rendering it unnecessary.
Class C airspace areas are published in paragraph 4000 of FAA Order
7400.11E, dated July 21, 2020 and effective September 15, 2002, which
is incorporated by reference in 14 CFR 71.1. Class E airspace areas
designated as an extension to a Class C surface area are published in
paragraph 6003 of FAA Order 7400.11E. The Class C airspace area and
Class E airspace extension modifications proposed in this document
would be published subsequently in the Order.
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. The FAA has determined that
there is no new information collection requirement associated with this
proposed rule.
[[Page 17339]]
Regulatory Notices and Analyses
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, this 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 proposed rule.
In conducting these analyses, the FAA has determined that this
proposed rule: (1) Is expected to have a minimal cost impact, (2) is
not an economically ``significant regulatory action'' as defined in
section 3(f) of Executive Order 12866, (3) is not significant under
DOT's administrative procedure rule on rulemaking at 49 CFR 5.13; (4)
not have a significant economic impact on a substantial number of small
entities; (5) does not create unnecessary obstacles to the foreign
commerce of the United States; and (6) does not impose an unfunded
mandate on state, local, or tribal governments, or on the private
sector by exceeding the threshold identified above. These analyses are
summarized below.
As discussed above, the FAA determined that changes put forth in
this proposed rule would increase airspace safety and efficiency. The
proposed rule would reconfigure and expand the FLL Class C airspace.
Despite significant increases in aircraft operations and passenger
enplanements over the years, the FLL Class C airspace has not been
modified since its inception in 1986. The current Class C airspace area
is not sufficient to accommodate the volume of aircraft operations in
the congested South Florida airspace, nor the traffic pattern required
by the increasing numbers of turbojet operations at FLL. The goals of
the proposal are to reduce the risk of midair collisions and increase
efficiency of air traffic operations in the FLL terminals.
The proposed expansion to Class C airspace would affect the VFR and
general aviation community. VFR operators would only need to make minor
adjustments to accommodate the expansion. As mentioned above, the FAA
considered recommendations from an Ad Hoc Committee as well as the four
informal airspace meetings from the stakeholders on the planned
modifications to the FLL airspace. The feedback resulted in changes to
the airspace design with the intent of maintaining safety and
minimizing the impact to operators using the surrounding airspace.
Additionally, VFR operators can also use the current north-south
charted VFR flyway below the 3,000-foot Class B floor to the west of
MIA, which enables pilots to fly beneath the Class B, and east-west
flyway below 2000 MSL located to the south of HWO, or to the north of
Miami OPF. Therefore, the FAA expects the Class B modifications in this
proposal would result in minimal cost to VFR operators. The FAA
requests comments on the benefits and costs of this proposal to inform
the final rule.
The discussion presented in this section reflects conditions that
predate the public health emergency concerning the novel coronavirus
disease (COVID-19) in 2020. At the time of writing, there is
uncertainty surrounding the timing of recovery and the long-term
effects from the public health emergency. To the extent that there are
lingering or lasting changes to general aviation and air carrier
operations, the benefits and costs of the FLL Class C airspace
modification in this proposal may vary relative to the level of future
operations.
Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA)
establishes ``as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objectives of the rule and of applicable
statutes, to fit regulatory and informational requirements to the scale
of the businesses, organizations, and governmental jurisdictions
subject to regulation.'' To achieve this principle, agencies are
required to solicit and consider flexible regulatory proposals and to
explain the rationale for their actions to assure that such proposals
are given serious consideration.'' The RFA covers a wide-range of small
entities, including small businesses, not-for-profit organizations, and
small governmental jurisdictions.
Agencies must perform a review to determine whether a rule will
have a significant economic impact on a substantial number of small
entities. If the agency determines that it will, the agency must
prepare a regulatory flexibility analysis as described in the RFA.
However, if an agency determines that a rule is not expected to have a
significant economic impact on a substantial number of small entities,
section 605(b) of the RFA provides that the head of the agency may so
certify and a regulatory flexibility analysis is not required. The
certification must include a statement providing the factual basis for
this determination, and the reasoning should be clear.
The proposed rule would modify Class C airspace around FLL. The
change would affect general aviation operators using the airspace at or
near FLL. Operators flying VFR would need to adjust their flight paths
to avoid the modified Class C airspace. However, the modifications to
Class C airspace are intended to be the least restrictive option while
enhancing safety. Additionally, VFR operators can also use the current
north-south charted VFR flyway below the 3,000-foot Class B floor to
the west of MIA, which enables pilots to fly beneath the Class B, and
east-west flyway below 2000 MSL located to the south of HWO, or to the
north of Miami OPF. VFR pilots have the option to contact ATC at Miami
TRACON or FLL ATCT, and request flight following, if desired.
Therefore, as provided in section 605(b), the head of the FAA certifies
that this rulemaking would 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
[[Page 17340]]
U.S. standards. The FAA has assessed the potential effect of this
proposed rule and determined that it would improve safety and is
consistent with the Trade Agreements Act.
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 $155 million in $100 million. This
proposed rule does not contain such a mandate; therefore, the
requirements of Title II of the Act do not apply.
ICAO Considerations
As part of this proposal relates to navigable airspace outside the
United States, this notice is submitted in accordance with the
International Civil Aviation Organization (ICAO) International
Standards and Recommended Practices.
The application of International Standards and Recommended
Practices by the Air Traffic Service, FAA, in areas outside the United
States domestic airspace, is governed by the Convention on
International Civil Aviation. Specifically, the FAA is governed by
Article 12 and Annex 11, which pertain to the establishment of
necessary air navigational facilities and services to promote the safe,
orderly, and expeditious flow of civil air traffic. The purpose of
Article 12 and Annex 11 is to ensure that civil aircraft operations on
international air routes are performed under uniform conditions.
The International Standards and Recommended Practices in Annex 11
apply to airspace under the jurisdiction of a contracting state,
derived from ICAO. Annex 11 provisions apply when air traffic services
are provided and a contracting state accepts the responsibility of
providing air traffic services over high seas or in airspace of
undetermined sovereignty. A contracting state accepting this
responsibility may apply the International Standards and Recommended
Practices that are consistent with standards and practices utilized in
its domestic jurisdiction.
In accordance with Article 3 of the Convention, state-owned
aircraft are exempt from the Standards and Recommended Practices of
Annex 11. The United States is a contracting state to the Convention.
Article 3(d) of the Convention provides that participating state
aircraft will be operated in international airspace with due regard for
the safety of civil aircraft. Since this proposal involves, in part,
the designation of navigable airspace outside the United States, the
Administrator consulted with the Secretary of State and the Secretary
of Defense in accordance with the provisions of Executive Order 10854.
The Department of State responded with no objection to the proposed
expansion of the Miami Class B and Fort Lauderdale Class C airspace
areas. The Department of Defense Policy Board on Federal Aviation
(PBFA) concurred with comment on the proposal stating the following:
``We would like to document our concerns that extending these areas
into international airspace places additional restrictions and equipage
requirements on aircraft who normally transit this airspace.
Additionally we believe such ATC expansions could set a precedent and
encourage/allow foreign nations to exert more restrictive control
measures in other international airspaces with no limits to the lateral
confines, all in the name of commerce and safety.''
Environmental Review
This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
The Proposed Amendment
In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:
PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS
0
1. The authority citation for part 71 continues to read as follows:
Authority: 49 U.S.C. 106(f), 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 7400.11E, Airspace Designations and
Reporting Points, dated July 21, 2020, and effective September 15,
2020, is amended as follows:
Paragraph 4000--Subpart C--Class C Airspace
* * * * *
ASO FL C Fort Lauderdale-Hollywood International Airport, FL
Fort Lauderdale-Hollywood International Airport, FL
(Lat. 26[deg]04'18''N, long. 80[deg]08'59''W)
Boundaries
Area A. That airspace extending upward from the surface to and
including 4,000 feet MSL within a 7 nautical mile radius of Fort
Lauderdale-Hollywood International Airport, excluding the airspace
North of lat. 26[deg]10'03'' N (the eastern most portion of Oakland
Park Boulevard located in Lauderdale Beach), and bounded on the
south by a 15 nautical mile radius of Miami International Airport,
and on the southeast by lat. 26[deg]00'39'' N (the eastern most
portion of Hollywood Boulevard located in Hollywood).
Area B. That airspace extending upward from 1,200 feet MSL to
and including 4,000 feet MSL beginning at a point northwest of Fort
Lauderdale-Hollywood International Airport at the intersection of a
7 nautical mile radius of Fort Lauderdale-Hollywood International
Airport and lat. 26[deg]10'03'' N, thence moving west along lat.
26[deg]10'03'' N (the eastern most portion of Oakland Park Boulevard
located in Lauderdale Beach), to a point that intersects State Road
869/Sawgrass Expressway, thence moving south along State Road 869/
Sawgrass Expressway, [continuing south across the intersection of
State Road 869/Sawgrass Expressway, Interstate 595, and Interstate
75], and continuing south along Interstate 75 to a point that
intersects a 15 nautical mile radius of Miami International Airport,
thence moving clockwise along the 15 nautical mile radius to a point
that intersects the 7 nautical mile radius of Fort Lauderdale-
Hollywood International Airport, thence moving clockwise along the 7
nautical mile radius to the point of beginning.
Area C. That airspace extending upward from 3,000 feet MSL to
and including 4,000 feet MSL within an area bounded on the north by
lat. 26[deg]13'53'' N (aligned with the eastern portion of Atlantic
Boulevard located in Pompano Beach), on the west by a 25 nautical
mile radius of Fort Lauderdale-Hollywood International Airport, on
the South by lat. 25[deg]57'48'' N, on the southeast by a 15
nautical mile radius of Miami International Airport, and on the east
by US Route 27.
Area D. That airspace extending upward from 3,000 feet MSL to
and including 4,000 feet MSL within an area bounded on the north by
lat. 26[deg]13'53'' N (aligned with the eastern portion of Atlantic
Boulevard located in Pompano Beach), on the east by a 25 nautical
mile radius of Fort Lauderdale-Hollywood International Airport, on
the south by lat. 26[deg]00'39'' N (the eastern most portion of
Hollywood Boulevard located in Hollywood), and on the west by a 20
nautical mile radius of Fort Lauderdale-Hollywood International
Airport.
[[Page 17341]]
Area E. That airspace extending upward from 1,500 feet MSL to
and including 4,000 feet MSL within an area bounded on the north by
lat. 26[deg]10'03'' N (the eastern most portion of Oakland Park
Boulevard located in Lauderdale Beach), on the east by the north-
south portion of Interstate 75 and State Road 869/Sawgrass
Expressway, on the south by a 15 nautical mile radius of Miami
International Airport, and on the west by US Route 27.
Area F. That airspace extending upward from 2,500 feet MSL to
and including 4,000 feet MSL beginning northwest of Fort Lauderdale-
Hollywood International Airport at a point that intersects US Route
27 and lat. 26[deg]13'53'' N (aligned with the eastern portion of
Atlantic Boulevard located in Pompano Beach), thence moving east
along lat. 26[deg]13'53'' N to a point that intersects a 20 nautical
mile radius of Fort Lauderdale-Hollywood International Airport,
thence moving clockwise along the 20 nautical mile radius to a point
that intersects lat. 26[deg]00'39'' N (the eastern most portion of
Hollywood Boulevard located in Hollywood), thence moving west to a
point that intersects a 15 nautical mile radius of Fort Lauderdale-
Hollywood International Airport, thence moving counter-clockwise
along the 15 nautical mile radius to a point that intersects lat.
26[deg]10'03'' N (the eastern most portion of Oakland Park Boulevard
located in Lauderdale Beach), thence moving west along lat.
26[deg]10'03'' N to a point that intersects US Route 27, thence
moving north along US Route 27 to the point of beginning.
Area G. That airspace extending upward from 1,200 feet MSL to
and including 4,000 feet MSL beginning northeast of Fort Lauderdale-
Hollywood International Airport at a point that intersects a 7
nautical mile radius of Fort Lauderdale-Hollywood International
Airport and lat. 26[deg]10'03'' N (the eastern most portion of
Oakland Park Boulevard located in Lauderdale Beach), thence moving
clockwise along the 7 nautical mile radius to a point that
intersects lat. 26[deg]00'39'' N (the eastern most portion of
Hollywood Boulevard located in Hollywood), thence moving east along
lat. 26[deg]00'39'' N to a point that intersects a 15 nautical mile
radius of Fort Lauderdale-Hollywood International Airport, thence
moving counter-clockwise along the 15 nautical mile radius to a
point that intersects lat. 26[deg]10'03'' N, thence moving west
along lat. 26[deg]10'03'' N to the point of beginning.
Paragraph 6003--Subpart E--Class E Airspace Areas Designated as an
Extension to a Class C Surface Area.
[[Page 17342]]
[GRAPHIC] [TIFF OMITTED] TP02AP21.000
ASO FL E3 Fort Lauderdale, FL [Remove]
Issued in Washington, DC, on March 29, 2021.
George Gonzales,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2021-06805 Filed 4-1-21; 8:45 am]
BILLING CODE 4910-13-P