Amendment of the Nashville International Airport Class C Airspace; Nashville, TN; and the John C. Tune Airport Class D Airspace; Nashville, TN, 36936-36942 [2023-11909]
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36936
Federal Register / Vol. 88, No. 108 / Tuesday, June 6, 2023 / Rules and Regulations
available on the website. It is available
24 hours each day, 365 days each year.
FAA Order JO 7400.11G, Airspace
Designations and Reporting Points, and
subsequent amendments can be viewed
online at www.faa.gov/air_traffic/
publications/. You may also contact the
Rules and Regulations Group, Office of
Policy, Federal Aviation
Administration, 800 Independence
Avenue SW, Washington, DC 20591;
telephone: (202) 267–8783.
FOR FURTHER INFORMATION CONTACT:
Rebecca Shelby, Federal Aviation
Administration, Operations Support
Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX
76177; telephone (817) 222–5857.
SUPPLEMENTARY INFORMATION:
ddrumheller on DSK120RN23PROD with RULES1
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 establishes
Class E airspace extending upward from
700 feet above the surface at Sandusky
City Airport, Sandusky, MI, to support
instrument flight rule operations at this
airport.
History
The FAA published an NPRM for
Docket No. FAA 2023–0443 in the
Federal Register (88 FR 17436; March
23, 2023), establishing the Class E
airspace at Sandusky, MI. Interested
parties were invited to participate in
this rulemaking effort by submitting
written comments on the proposal to the
FAA. No comments were received.
The NPRM was inadvertently
published twice (88 FR 13744; March 6,
2023), under the same docket number
(FAA–2023–0443). The two documents
are identical. No comments were
received in response to either
publication.
Incorporation by Reference
Class E airspace designations are
published in paragraph 6005 of FAA
Order JO 7400.11, Airspace
Designations and Reporting Points,
which is incorporated by reference in 14
CFR 71.1 on an annual basis. This
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16:06 Jun 05, 2023
Jkt 259001
document amends the current version of
that order, FAA Order JO 7400.11G,
dated August 19, 2022 and effective
September 15, 2022. FAA Order JO
7400.11G is publicly available as listed
in the ADDRESSES section of this
document. These amendments will be
published in the next update to FAA
Order JO 7400.11.
FAA Order JO 7400.11G lists Class A,
B, C, D, and E airspace areas, air traffic
service routes, and reporting points.
The Rule
This action amends 14 CFR part 71 by
establishing Class E airspace upward
from 700 feet above the surface within
a 6.4-mile radius of Sandusky City
Airport, Sandusky, MI.
This action supports new public
instrument procedures.
Regulatory Notices and Analyses
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current. It, therefore: (1) is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that only affects air traffic
procedures and air navigation, it is
certified that this rule, when
promulgated, does not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
The FAA has determined that this
action qualifies for categorical exclusion
under the National Environmental
Policy Act in accordance with FAA
Order 1050.1F, ‘‘Environmental
Impacts: Policies and Procedures,’’
paragraph 5–6.5.a. This airspace action
is not expected to cause any potentially
significant environmental impacts, and
no extraordinary circumstances exist
that warrant preparation of an
environmental assessment.
Lists of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
The Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
Frm 00018
Fmt 4700
Sfmt 4700
1. The authority citation for 14 CFR
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 FAA Order JO 7400.11G,
Airspace Designations and Reporting
Points, dated August 19, 2022, and
effective September 15, 2022, is
amended as follows:
■
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
*
*
*
*
*
AGL MI E5 Sandusky, MI [Establish]
Sandusky City Airport, MI
(Lat. 43°27′20″ N, long. 82°50′30″ W)
That airspace extending upward from 700
feet above the surface within a 6.4-mile
radius of the Sandusky City Airport.
*
*
*
*
*
Issued in Fort Worth, Texas, on May 31,
2023.
Martin A. Skinner,
Acting Manager, Operations Support Group,
ATO Central Service Center.
[FR Doc. 2023–11959 Filed 6–5–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2022–1678; Airspace
Docket No. 22–AWA–4]
Environmental Review
PO 00000
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
RIN 2120–AA66
Amendment of the Nashville
International Airport Class C Airspace;
Nashville, TN; and the John C. Tune
Airport Class D Airspace; Nashville, TN
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
This action reconfigures the
Nashville International Airport (BNA)
Class C airspace area and amends the
ceiling of the John C. Tune Airport
(JWN) Class D airspace area. The FAA
is taking this action to reduce the risk
of midair collisions and enhance the
efficient management of air traffic
operations in the Nashville, TN,
terminal area.
SUMMARY:
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Federal Register / Vol. 88, No. 108 / Tuesday, June 6, 2023 / Rules and Regulations
Effective date 0901 UTC, August
10, 2023. The Director of the Federal
Register approves this incorporation by
reference action under 1 CFR part 51,
subject to the annual revision of FAA
Order JO 7400.11 and publication of
conforming amendments.
ADDRESSES: A copy of the Notice of
Proposed Rulemaking (NPRM), all
comments received, this final rule, and
all background material may be viewed
online at www.regulations.gov using the
FAA Docket number. Electronic
retrieval help and guidelines are
available on the website. It is available
24 hours each day, 365 days each year.
FAA Order JO 7400.11G, Airspace
Designations and Reporting Points, and
subsequent amendments can be viewed
online at www.faa.gov/air_traffic/
publications/. You may also contact the
Rules and Regulations Group, Office of
Policy, Federal Aviation
Administration, 800 Independence
Avenue SW, Washington, DC 20591;
telephone: (202) 267–8783.
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:
DATES:
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 amends the
Nashville, TN, Class C airspace area,
and the John C. Tune Airport Class D
airspace area as necessary to enhance
aviation safety in the Nashville terminal
area.
ddrumheller on DSK120RN23PROD with RULES1
History
The FAA published a NPRM for
Docket No. FAA–2022–1678, in the
Federal Register (88 FR 5283; January
27, 2023), proposing to amend the
Nashville, TN, Class C airspace area,
and the John C. Tune Class D airspace
area. Interested parties were invited to
participate in this rulemaking effort by
submitting written comments on the
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proposal. Twenty-five comments were
received.
Discussion of Comments
One commenter wrote that BNA
should be upgraded to a Class B
airspace area, while two commenters
were not in favor of Class B airspace at
BNA. The NPRM proposed
modifications to the existing Class C
airspace area at BNA. Class B airspace
at BNA is not being proposed, therefore
it is outside the scope of this rulemaking
action. While BNA currently meets the
Class B enplaned passenger count
criteria, at this time, it does not meet the
total airport operations criteria to be
considered as a candidate for a Class B
airspace designation.
The majority of the comments
concerned the impacts of the proposed
lateral and vertical boundaries of the
BNA Class C 15 nautical miles (NM)
eastern outer ring on aircraft arriving at
Lebanon Municipal Airport (M54). The
15 NM ring moves the Class C boundary
to a point approximately 3 NM west of
M54. Commenters wrote that M54 needs
more space to maneuver. They stated
that, when the wind is from the north,
aircraft entering the traffic pattern for
runway 01 at M54 would be
concentrated into the already congested
area west of M54 between the airport,
and the eastern 15 NM ring of Class C
airspace. As a result, pilots would be
focusing on remaining clear of the Class
C airspace while either just transiting
northbound or southbound through the
area or entering the traffic pattern
downwind leg to land on runway 01 at
M54. This could lead to unintended
incursions into the Class C airspace.
The commenters made several
suggestions for alleviating these
concerns, including:
• Raising the floor in a portion of the
eastern outer ring of the Class C airspace
(e.g., from the 060° bearing from BNA,
clockwise to the 155° bearing from BNA,
etc.) from 2,400 feet mean sea level
(MSL) to 2,600 feet MSL, which would
be 1,000 feet above M54’s traffic pattern
altitude.
• Adding a cutout from the Class C
within a 5 NM radius of M54.
• Moving the 15 NM outer east ring
boundary westward, farther away from
M54. One commenter suggested aligning
the east ring boundary along Interstate
I–840 and Highway 109 providing a
visual landmark to define the boundary.
The FAA considered the commenters’
suggestions; however, each suggestion
would result in reduced Class C
airspace in areas where airspace control
and communications between air traffic
control (ATC) and all aircraft is
warranted. Class C airspace is designed
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36937
to keep ATC informed of all aircraft
operating within the Class C area. This
is important so that air traffic controllers
are aware of all pilots’ intentions.
Heading and/or altitude changes made
by unidentified, non-participating pilots
are unpredictable, which may require
controllers to take preventative action to
avoid potential conflicts with other
aircraft that are under their control.
Such circumstances may disrupt the
orderly flow of arrivals and departures
as well as increase controller workload.
Regarding the suggestion to raise the
east outer ring floor to 2,600-foot MSL,
the purpose of setting the east outer ring
floor at 2,400 feet MSL is to allow ATC
to provide needed separation between
all Instrument Flight Rules (IFR) aircraft
landing on runway 19 at Smyrna
Airport (MQY), and non-participating
Visual Flight Rules (VFR) aircraft.
Aircraft flying the published instrument
approach to MQY runway 19 cross the
WULIG waypoint (WP) (located
approximately 11 NM northeast of
MQY) at 3,000 feet MSL. As MQY traffic
volume continues to increase, aircraft
are being sequenced at or before the
WULIG WP on the runway 19
instrument approach. Raising the outer
ring floor to 2,600 feet MSL reduces
effective separation outside of WULIG
and increases the likelihood of Traffic
Alert and Collision Avoidance System
(TCAS) Resolution Advisory (RA)
events for inbound aircraft.
Regarding the suggestions to move the
eastern ring boundary westward, away
from M54, the FAA is unable to adopt
the suggestions. When aircraft are
arriving and departing BNA to the
north, numerous aircraft depart from
runway 02R on a noise abatement
heading of 055°. BNA departures are
vectored into the eastern ring area to
remain clear of BNA arrivals that are
descending on the PASLY Standard
Terminal Arrival (STAR). Currently, to
clear aircraft on the STAR, BNA
departure traffic must remain at 4,000
feet MSL. Additionally, the volume of
pilot training traffic generated by flight
schools operating in this area from
airports east of BNA, including M54,
MQY, and Murfreesboro Municipal
(MBT), underscores the need for
expanded Class C airspace in the east
outer ring out to 15 NM.
Several commenters expressed
concerns regarding controller staffing
levels at BNA Terminal Radar Approach
Control (TRACON) in light of increasing
traffic volume and controller workload.
The FAA will continue to provide VFR
flight following services as duty
priorities allow. A larger area of
controlled airspace will significantly
increase safety for all users but may
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Federal Register / Vol. 88, No. 108 / Tuesday, June 6, 2023 / Rules and Regulations
result in increased demand for air traffic
services.
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Incorporation by Reference
Class C airspace areas are published
in paragraph 4000, and Class D airspace
areas are published in paragraph 5000,
of FAA Order JO 7400.11, Airspace
Designations and Reporting Points,
which is incorporated by reference in 14
CFR 71.1 on an annual basis. This
document amends the current version of
that order, FAA Order JO 7400.11G
dated August 19, 2022, and effective
September 15, 2022. FAA Order JO
7400.11G is publicly available as listed
in the ADDRESSSES section of this
document. These amendments will be
published in the next update to FAA
Order JO 7400.11.
FAA Order JO 7400.11G lists Class A,
B, C, D, and E airspace areas, air traffic
service routes, and reporting points.
The Rule
This action amends 14 CFR part by
expanding the BNA Class C airspace
area and lowering the ceiling of the JWN
Class D airspace area (see the attached
chart).
This action makes minor edits in the
text header of the BNA Class C airspace
description, as published in FAA Order
JO 7400.11, by updating the BNA airport
reference point (ARP) coordinates from
‘‘lat. 36°07′28″ N, long. 86°40′42″ W’’ to
‘‘lat. 36°07′28″ N, long. 86°40′41″ W’’
This reflects the latest information in
the Airport Master Records file. In
addition, the Smyrna Airport, TN
(MQY), is added to the text header
because that airport is referenced in the
Class C description. The Class C
modifications are described below.
This action raises the BNA Class C
airspace area ceiling from 4,600 feet
MSL up to and including 6,000 feet
MSL and extends the outer ring of the
Class C airspace area from the current
10 NM radius from BNA to the 15 NM
radius from BNA.
Additionally, the Class C surface area
radius is extended from the current 5
NM radius from BNA to the 7 NM
radius from BNA, starting from the 335°
bearing from the airport, clockwise to
the 230° bearing from the airport.
However, the surface area radius
remains at 5 NM from BNA from the
230° bearing, clockwise to the 335°
bearing from the airport. The Class C
surface area also excludes that portion
of airspace that is within the Smyrna
Airport Class D airspace area. The BNA
Class C airspace also includes:
• That airspace extending upward
from 1,800 feet MSL to 6,000 feet MSL
within a 15-mile radius of Nashville
International Airport from the 335°
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bearing from the airport clockwise to the
060° bearing from the airport;
• That airspace extending upward
from 2,400 feet MSL to 6,000 feet MSL
within a 15-mile radius of the airport
from the 060° bearing from the airport
clockwise to the 155° bearing from the
airport, excluding that portion within
the Smyrna Airport, TN, Class D
airspace area;
• That airspace extending upward
from 1,800 feet MSL to 6,000 feet MSL
within a 15-mile radius of Nashville
International Airport from the 155°
bearing from the airport clockwise to the
230° bearing from the airport; and
• That airspace extending upward
from 2,400 feet MSL to 6,000 feet MSL
within a 15-mile radius of Nashville
International Airport from the 230°
bearing from the airport clockwise to the
335° bearing from the airport.
This action also amends the John C.
Tune Airport (JWN) Class D airspace
area by replacing the current 2,500-foot
MSL ceiling with ‘‘to but not including
2,400 feet MSL.’’ The westward
expansion of the BNA Class C airspace,
with a floor of 2,400 feet MSL, overlies
the JWN Class D airspace. Lowering the
JWN Class D ceiling as described creates
a clearer delineation between the Class
C and Class D airspace areas, thus
reducing the potential for pilot
confusion over the airspace status.
Annual air traffic volume in BNA
TRACON’s area has increased by 49.2%
since 2015, including significant
volume increases at M54, JWN, MQY,
and BNA airports. Due to the continuing
rise in traffic, the predictability
resulting from the BNA Class C airspace
modification is needed to provide a safe
and stable environment for arrivals and
departures at BNA as well as the
surrounding airports.
This rulemaking action is required to
reduce the risk of midair collisions and
enhance the efficient management of air
traffic operations in the Nashville, TN,
terminal area.
Regulatory Impact Analysis
Federal agencies consider impacts of
regulatory actions under a variety of
executive orders and other
requirements. 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 the
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
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
unnecessary obstacles to the foreign
commerce of the United States. 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 that may result in the
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector, of $100,000,000 or more
(adjusted annually for inflation) in any
one year. The current threshold after
adjustment for inflation is $177 million
using the most current (2022) Implicit
Price Deflator for the Gross Domestic
Product. This portion of the preamble
summarizes the FAA’s analysis of the
economic impacts of this rule.
In conducting these analyses, the FAA
has determined that this rule: will have
a minimal cost impact; is not a
‘‘significant regulatory action’’ as
defined in section 3(f) of Executive
Order 12866; will not have a significant
economic impact on a substantial
number of small entities; will not create
unnecessary obstacles to the foreign
commerce of the United States; and will
not impose an unfunded mandate on
State, local, or tribal governments, or on
the private sector.
As discussed above, the FAA
determined that changes put forth in
this final rule will reduce the risk of
midair collisions, efficiency, and
airspace utilization. The final rule
reconfigures BNA Class C airspace area
and amends the ceiling of JWN Class D
airspace area. Operations at BNA are
rebounding from the drop in traffic that
resulted during the Coronavirus disease
(COVID–19) pandemic. In addition, air
traffic in the Nashville terminal area has
increased dramatically in all categories
of aircraft. The existing Class C airspace
no longer meets the needs of air traffic
control and enhanced safety in the BNA
terminal area. The goals of the final rule
are to reduce the risk of midair
collisions and improve the efficient
management of air traffic operations in
the Nashville, TN, terminal area.
The final rule modifies the BNA Class
C airspace area and requires VFR
aircraft to establish radio contact with
ATC thereby enhancing safety and
efficiency in the BNA terminal area.
VFR operators only needs to make
minor adjustments to accommodate the
expanded availability of Class C services
around BNA. Therefore, the FAA
expects the final rule will result in
minimal cost to VFR operators.
Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980
(Pub. L. 96–354) (RFA) establishes ‘‘as a
principle of regulatory issuance that
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agencies shall endeavor, consistent with
the objectives of the rule and of
applicable statutes, to fit regulatory and
informational requirements to the scale
of the businesses, organizations, and
governmental jurisdictions subject to
regulation.’’ To achieve this principle,
agencies are required to solicit and
consider flexible regulatory proposals
and to explain the rationale for their
actions to assure that such proposals are
given serious consideration.’’ The RFA
covers a wide range of small entities,
including small businesses, not-forprofit organizations, and small
governmental jurisdictions.
Agencies must perform a review to
determine whether a rule will have a
significant economic impact on a
substantial number of small entities. If
the agency determines that it will, the
agency must prepare a regulatory
flexibility analysis as described in the
RFA. However, if an agency determines
that a rule is not expected to have a
significant economic impact on a
substantial number of small entities,
section 605(b) of the RFA provides that
the head of the agency may so certify,
and a regulatory flexibility analysis is
not required. The certification must
include a statement providing the
factual basis for this determination, and
the reasoning should be clear.
The final rule reconfigures BNA Class
C airspace area and amends the ceiling
JWN Class D airspace area. The FAA is
taking this action to reduce the risk of
midair collisions and enhance the
efficient management of air traffic
operations in the Nashville, TN,
terminal area. The FAA determined that
changes put forth in this rule increase
airspace safety and efficiency.
The change affects general aviation
operators using BNA Class C airspace
area and amends the ceiling JWN Class
D airspace area. Operators flying VFR
needs to adjust their flight paths to
avoid the modified Class C airspace and
Class D airspace if the pilots wish to
operate without contacting ATC.
However, the modifications are
intended to address the concerns raised
by air traffic without being burdensome.
Therefore, as provided in section 605(b),
the head of the FAA certifies that this
rulemaking will not result in a
significant economic impact on a
substantial number of small entities.
International Trade Impact Assessment
The Trade Agreements Act of 1979
(Pub. L. 96–39), as amended by the
Uruguay Round Agreements Act (Pub.
L. 103–465), prohibits Federal agencies
from establishing standards or engaging
in related activities that create
unnecessary obstacles to the foreign
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36939
commerce of the United States.
Pursuant to these Acts, the
establishment of standards is not
considered an unnecessary obstacle to
the foreign commerce of the United
States, so long as the standard has a
legitimate domestic objective, such as
the protection of safety, and does not
operate in a manner that excludes
imports that meet this objective. The
statute also requires consideration of
international standards and, where
appropriate, that they be the basis for
U.S. standards. The FAA has assessed
the potential effect of this final rule and
determined that it should improve
safety and is consistent with the Trade
Agreements Act. The FAA has assessed
the potential effect of this final rule and
determined that it would improve safety
and is consistent with the Trade
Agreements Act.
rulemaking actions that designate or
modify classes of airspace areas,
airways, routes, and reporting points
(see 14 CFR part 71, Designation of
Class A, B, C, D, and E Airspace Areas;
Air Traffic Service Routes; and
Reporting Points). As such, this action
is not expected to result in any
potentially significant environmental
impacts. In accordance with FAA Order
1050.1F, paragraph 5–2 regarding
Extraordinary Circumstances, the FAA
has reviewed this action for factors and
circumstances in which a normally
categorically excluded action may have
a significant environmental impact
requiring further analysis. Accordingly,
the FAA has determined that no
extraordinary circumstances exist that
warrant preparation of an
environmental assessment or
environmental impact study.
Unfunded Mandates Assessment
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) governs
the issuance of Federal regulations that
require unfunded mandates. An
unfunded mandate is a regulation that
requires a state, local, or tribal
government or the private sector to
incur direct costs without the Federal
government having first provided the
funds to pay those costs. The FAA
determined that the final rule will not
result in the expenditure of $177
million or more by State, local, or tribal
governments, in the aggregate, or the
private sector, in any one year. This
final rule does not contain such a
mandate; therefore, the Act does not
apply.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
The Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for 14 CFR
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.
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 final rule.
§ 71.1
Paragraph 4000
Airspace.
Subpart C—Class C
Environmental Review
The FAA has determined that this
action of reconfiguring the existing
Nashville International Airport (BNA)
Class C area and amending the ceiling
of the John C. Tune Airport (JWN) Class
D airspace area in Nashville, TN,
qualifies for categorical exclusion under
the National Environmental Policy Act
(42 U.S.C. 4321 et seq.) and its
implementing regulations at 40 CFR part
1500, and in accordance with FAA
Order 1050.1F, Environmental Impacts:
Policies and Procedures, paragraph 5–
6.5a, which categorically excludes from
further environmental impact review
*
*
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[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order JO 7400.11G,
Airspace Designations and Reporting
Points, dated August 19, 2022, and
effective September 15, 2022, is
amended as follows:
■
*
*
*
ASO TN C Nashville, TN [Amended]
Nashville International Airport, TN
(Lat. 36°07′28″ N, long. 86°40′41″ W)
Smyrna Airport, TN
(Lat. 36°00′32″ N, long. 86°31′12″ W)
That airspace extending upward from the
surface to 6,000 feet MSL within a 5-mile
radius of Nashville International Airport; and
that airspace extending upward from the
surface to 6,000 feet MSL within a 7-mile
radius of Nashville International Airport
from the 335° bearing from the airport
clockwise to the 230° bearing from the
airport, excluding that portion within the
Smyrna Airport, TN, Class D airspace area;
and that airspace extending upward from
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1,800 feet MSL to 6,000 feet MSL within a
15-mile radius of Nashville International
Airport from the 335° bearing from the
airport clockwise to the 060° bearing from the
airport; and that airspace extending upward
from 2,400 feet MSL to 6,000 feet MSL within
a 15-mile radius of the airport from the 060°
bearing from the airport clockwise to the 155°
bearing from the airport, excluding that
portion within the Smyrna Airport, TN, Class
D airspace area; and that airspace extending
upward from 1,800 feet MSL to 6,000 feet
MSL within a 15-mile radius of Nashville
International Airport from the 155° bearing
from the airport clockwise to the 230° bearing
from the airport; and that airspace extending
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upward from 2,400 feet MSL to 6,000 feet
MSL within a 15-mile radius of Nashville
International Airport from the 230° bearing
from the airport clockwise to the 335° bearing
from the airport.
*
*
*
*
*
Paragraph 5000
Airspace.
Subpart D—Class D
*
*
*
ASO TN D
*
*
Nashville, TN [Amended]
John C. Tune Airport, TN
(Lat. 36°10′59″ N, long. 86°53′11″ W)
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That airspace upward from the surface to
but not including 2,400 feet MSL within a
4.1-mile radius of John C. Tune Airport, and
within 1.2-miles each side of the 195° bearing
from the airport, extending from the 4.1-mile
radius to 6.1-miles south of the airport, and
within 1.2-miles each side of the 015° bearing
from the airport, extending from the 4.1-mile
radius to 6.1-miles north of the airport. This
Class D airspace area is effective during the
specific dates and times established in
advance by a Notice to Air Missions. The
effective dates and times will thereafter be
continuously published in the Chart
Supplement.
BILLING CODE 4910–13–P
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ER06JN23.000
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Federal Register / Vol. 88, No. 108 / Tuesday, June 6, 2023 / Rules and Regulations
36942
*
*
Federal Register / Vol. 88, No. 108 / Tuesday, June 6, 2023 / Rules and Regulations
*
*
GL 2C; on April 27, 2018, OFAC issued
GL 2E, which superseded GL 2D; on
October 24, 2018, OFAC issued GL 2F,
which superseded GL 2E; on October
22, 2019, OFAC issued GL 2G, which
superseded GL 2F; and on April 19,
2021, OFAC issued GL 2H, which
superseded GL 2G. Each GL was made
available on OFAC’s website
(www.treas.gov/ofac) when it was
issued. The text of these GLs is provided
below.
*
Issued in Washington, DC, on May 31,
2023.
Brian Konie,
Acting Manager, Airspace Rules and
Regulations.
[FR Doc. 2023–11909 Filed 6–5–23; 8:45 am]
BILLING CODE 4910–13–C
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
OFFICE OF FOREIGN ASSETS
CONTROL
31 CFR Part 548
Belarus Sanctions Regulations
Publication of Belarus Sanctions
Regulations Web General License 2
and Subsequent Iterations
31 CFR Part 548
Executive Order 13405 of June 16, 2006
Blocking Property of Certain Persons
Undermining Democratic Processes or
Institutions in Belarus
Office of Foreign Assets
Control, Treasury.
ACTION: Publication of web general
licenses.
AGENCY:
GENERAL LICENSE NO. 2
The Department of the
Treasury’s Office of Foreign Assets
Control (OFAC) is publishing nine
general licenses (GLs) issued pursuant
to the Belarus Sanctions Regulations:
GLs 2, 2A, 2B, 2C, 2D, 2E, 2F, 2G, and
2H, each of which was previously made
available on OFAC’s website.
DATES: GL 2 was issued on October 29,
2015. See SUPPLEMENTARY INFORMATION
for additional relevant dates.
FOR FURTHER INFORMATION CONTACT:
OFAC: Assistant Director for Licensing,
202–622–2480; Assistant Director for
Regulatory Affairs, 202–622–4855; or
Assistant Director for Compliance, 202–
622–2490.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Electronic Availability
This document and additional
information concerning OFAC are
available on OFAC’s website:
www.treas.gov/ofac.
ddrumheller on DSK120RN23PROD with RULES1
Background
On October 29, 2015, OFAC issued GL
2 to authorize certain transactions
otherwise prohibited by the Belarus
Sanctions Regulations, 31 CFR part 548,
and Executive Order 13405 of June 16,
2006, ‘‘Blocking Property of Certain
Persons Undermining Democratic
Processes or Institutions in Belarus’’ (71
FR 35485, June 20, 2006). Subsequently,
OFAC issued eight further iterations of
GL 2: on April 28, 2016, OFAC issued
GL 2A, which superseded GL 2; on
October 18, 2016, OFAC issued GL 2B,
which superseded GL 2A; on April 28,
2017, OFAC issued GL 2C, which
superseded GL 2B; on October 24, 2017,
OFAC issued GL 2D, which superseded
VerDate Sep<11>2014
16:06 Jun 05, 2023
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General License With Respect to
Entities Blocked Pursuant to Executive
Order 13405
(a) Effective October 30, 2015, except
as provided in paragraphs (b) through
(e) below, all transactions otherwise
prohibited by Executive Order 13405
involving the following named entities,
or any entities that are owned,
individually or in the aggregate, directly
or indirectly, 50 percent or more by one
or more of the following named entities,
are authorized:
• Belarusian Oil Trade House
• Belneftekhim
• Belneftekhim USA, Inc.
• Belshina OAO
• Grodno Azot OAO
• Grodno Khimvolokno OAO
• Lakokraska OAO
• Naftan OAO
• Polotsk Steklovolokno OAO
(b) Unless otherwise authorized by
the Office of Foreign Assets Control, all
property and interests in property of the
entities described in paragraph (a) that
were blocked pursuant to E.O. 13405
prior to October 30, 2015 remain
blocked and may not be transferred,
paid, exported, withdrawn, or otherwise
dealt in.
(c) This general license does not
authorize transactions, directly or
indirectly, with any other person whose
property and interests in property are
blocked pursuant to 31 CFR 548.201(a)
or Executive Order 13405, even if those
transactions are conducted through any
of the entities described in paragraph
(a), above.
(d) U.S. persons engaging in
transactions involving, directly or
indirectly, any of the entities described
in paragraph (a) as authorized by this
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general license are required, no later
than 15 days after the execution of any
such transaction in excess of $10,000, or
any series of such transactions
exceeding $10,000, to file a report with
the U.S. Department of State, Office of
Eastern European Affairs, 2201 C Street
NW, Washington, DC 20520. Such
reports shall include the following
numbered sections and information:
(1) Estimated or actual dollar value of
the transaction(s), as determined by the
value of the goods, services, or contract;
(2) The parties involved;
(3) The type and scope of activities
conducted; and
(4) The dates or duration of the
activities.
Reports may also be filed via email to
BelarusGL@state.gov.
(e) This authorization expires on
April 30, 2016, unless extended or
revoked.
Andrea M. Gacki,
Acting Director, Office of Foreign Assets
Control.
Dated: October 29, 2015.
OFFICE OF FOREIGN ASSETS
CONTROL
Belarus Sanctions Regulations
31 CFR Part 548
Executive Order 13405 of June 16, 2006
Blocking Property of Certain Persons
Undermining Democratic Processes or
Institutions in Belarus
GENERAL LICENSE NO. 2A
General License With Respect to
Entities Blocked Pursuant to Executive
Order 13405
(a) General License No. 2, dated
October 29, 2015, is replaced and
superseded in its entirety by this
General License No. 2A.
(b) Effective October 30, 2015, except
as provided in paragraphs (c) through (f)
below, all transactions otherwise
prohibited by Executive Order 13405
involving the following named entities,
or any entities that are owned,
individually or in the aggregate, directly
or indirectly, 50 percent or more by one
or more of the following named entities,
are authorized:
• Belarusian Oil Trade House
• Belneftekhim
• Belneftekhim USA, Inc.
• Belshina OAO
• Grodno Azot OAO
• Grodno Khimvolokno OAO
• Lakokraska OAO
• Naftan OAO
• Polotsk Steklovolokno OAO
(c) Unless otherwise authorized by the
Office of Foreign Assets Control, all
property and interests in property of the
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Agencies
[Federal Register Volume 88, Number 108 (Tuesday, June 6, 2023)]
[Rules and Regulations]
[Pages 36936-36942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11909]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2022-1678; Airspace Docket No. 22-AWA-4]
RIN 2120-AA66
Amendment of the Nashville International Airport Class C
Airspace; Nashville, TN; and the John C. Tune Airport Class D Airspace;
Nashville, TN
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action reconfigures the Nashville International Airport
(BNA) Class C airspace area and amends the ceiling of the John C. Tune
Airport (JWN) Class D airspace area. The FAA is taking this action to
reduce the risk of midair collisions and enhance the efficient
management of air traffic operations in the Nashville, TN, terminal
area.
[[Page 36937]]
DATES: Effective date 0901 UTC, August 10, 2023. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order JO 7400.11
and publication of conforming amendments.
ADDRESSES: A copy of the Notice of Proposed Rulemaking (NPRM), all
comments received, this final rule, and all background material may be
viewed online at www.regulations.gov using the FAA Docket number.
Electronic retrieval help and guidelines are available on the website.
It is available 24 hours each day, 365 days each year.
FAA Order JO 7400.11G, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. You may also contact the Rules and
Regulations Group, Office of Policy, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.
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 amends the Nashville, TN, Class C airspace area, and
the John C. Tune Airport Class D airspace area as necessary to enhance
aviation safety in the Nashville terminal area.
History
The FAA published a NPRM for Docket No. FAA-2022-1678, in the
Federal Register (88 FR 5283; January 27, 2023), proposing to amend the
Nashville, TN, Class C airspace area, and the John C. Tune Class D
airspace area. Interested parties were invited to participate in this
rulemaking effort by submitting written comments on the proposal.
Twenty-five comments were received.
Discussion of Comments
One commenter wrote that BNA should be upgraded to a Class B
airspace area, while two commenters were not in favor of Class B
airspace at BNA. The NPRM proposed modifications to the existing Class
C airspace area at BNA. Class B airspace at BNA is not being proposed,
therefore it is outside the scope of this rulemaking action. While BNA
currently meets the Class B enplaned passenger count criteria, at this
time, it does not meet the total airport operations criteria to be
considered as a candidate for a Class B airspace designation.
The majority of the comments concerned the impacts of the proposed
lateral and vertical boundaries of the BNA Class C 15 nautical miles
(NM) eastern outer ring on aircraft arriving at Lebanon Municipal
Airport (M54). The 15 NM ring moves the Class C boundary to a point
approximately 3 NM west of M54. Commenters wrote that M54 needs more
space to maneuver. They stated that, when the wind is from the north,
aircraft entering the traffic pattern for runway 01 at M54 would be
concentrated into the already congested area west of M54 between the
airport, and the eastern 15 NM ring of Class C airspace. As a result,
pilots would be focusing on remaining clear of the Class C airspace
while either just transiting northbound or southbound through the area
or entering the traffic pattern downwind leg to land on runway 01 at
M54. This could lead to unintended incursions into the Class C
airspace.
The commenters made several suggestions for alleviating these
concerns, including:
Raising the floor in a portion of the eastern outer ring
of the Class C airspace (e.g., from the 060[deg] bearing from BNA,
clockwise to the 155[deg] bearing from BNA, etc.) from 2,400 feet mean
sea level (MSL) to 2,600 feet MSL, which would be 1,000 feet above
M54's traffic pattern altitude.
Adding a cutout from the Class C within a 5 NM radius of
M54.
Moving the 15 NM outer east ring boundary westward,
farther away from M54. One commenter suggested aligning the east ring
boundary along Interstate I-840 and Highway 109 providing a visual
landmark to define the boundary.
The FAA considered the commenters' suggestions; however, each
suggestion would result in reduced Class C airspace in areas where
airspace control and communications between air traffic control (ATC)
and all aircraft is warranted. Class C airspace is designed to keep ATC
informed of all aircraft operating within the Class C area. This is
important so that air traffic controllers are aware of all pilots'
intentions. Heading and/or altitude changes made by unidentified, non-
participating pilots are unpredictable, which may require controllers
to take preventative action to avoid potential conflicts with other
aircraft that are under their control. Such circumstances may disrupt
the orderly flow of arrivals and departures as well as increase
controller workload.
Regarding the suggestion to raise the east outer ring floor to
2,600-foot MSL, the purpose of setting the east outer ring floor at
2,400 feet MSL is to allow ATC to provide needed separation between all
Instrument Flight Rules (IFR) aircraft landing on runway 19 at Smyrna
Airport (MQY), and non-participating Visual Flight Rules (VFR)
aircraft. Aircraft flying the published instrument approach to MQY
runway 19 cross the WULIG waypoint (WP) (located approximately 11 NM
northeast of MQY) at 3,000 feet MSL. As MQY traffic volume continues to
increase, aircraft are being sequenced at or before the WULIG WP on the
runway 19 instrument approach. Raising the outer ring floor to 2,600
feet MSL reduces effective separation outside of WULIG and increases
the likelihood of Traffic Alert and Collision Avoidance System (TCAS)
Resolution Advisory (RA) events for inbound aircraft.
Regarding the suggestions to move the eastern ring boundary
westward, away from M54, the FAA is unable to adopt the suggestions.
When aircraft are arriving and departing BNA to the north, numerous
aircraft depart from runway 02R on a noise abatement heading of
055[deg]. BNA departures are vectored into the eastern ring area to
remain clear of BNA arrivals that are descending on the PASLY Standard
Terminal Arrival (STAR). Currently, to clear aircraft on the STAR, BNA
departure traffic must remain at 4,000 feet MSL. Additionally, the
volume of pilot training traffic generated by flight schools operating
in this area from airports east of BNA, including M54, MQY, and
Murfreesboro Municipal (MBT), underscores the need for expanded Class C
airspace in the east outer ring out to 15 NM.
Several commenters expressed concerns regarding controller staffing
levels at BNA Terminal Radar Approach Control (TRACON) in light of
increasing traffic volume and controller workload. The FAA will
continue to provide VFR flight following services as duty priorities
allow. A larger area of controlled airspace will significantly increase
safety for all users but may
[[Page 36938]]
result in increased demand for air traffic services.
Incorporation by Reference
Class C airspace areas are published in paragraph 4000, and Class D
airspace areas are published in paragraph 5000, of FAA Order JO
7400.11, Airspace Designations and Reporting Points, which is
incorporated by reference in 14 CFR 71.1 on an annual basis. This
document amends the current version of that order, FAA Order JO
7400.11G dated August 19, 2022, and effective September 15, 2022. FAA
Order JO 7400.11G is publicly available as listed in the ADDRESSSES
section of this document. These amendments will be published in the
next update to FAA Order JO 7400.11.
FAA Order JO 7400.11G lists Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting points.
The Rule
This action amends 14 CFR part by expanding the BNA Class C
airspace area and lowering the ceiling of the JWN Class D airspace area
(see the attached chart).
This action makes minor edits in the text header of the BNA Class C
airspace description, as published in FAA Order JO 7400.11, by updating
the BNA airport reference point (ARP) coordinates from ``lat.
36[deg]07'28'' N, long. 86[deg]40'42'' W'' to ``lat. 36[deg]07'28'' N,
long. 86[deg]40'41'' W'' This reflects the latest information in the
Airport Master Records file. In addition, the Smyrna Airport, TN (MQY),
is added to the text header because that airport is referenced in the
Class C description. The Class C modifications are described below.
This action raises the BNA Class C airspace area ceiling from 4,600
feet MSL up to and including 6,000 feet MSL and extends the outer ring
of the Class C airspace area from the current 10 NM radius from BNA to
the 15 NM radius from BNA.
Additionally, the Class C surface area radius is extended from the
current 5 NM radius from BNA to the 7 NM radius from BNA, starting from
the 335[deg] bearing from the airport, clockwise to the 230[deg]
bearing from the airport. However, the surface area radius remains at 5
NM from BNA from the 230[deg] bearing, clockwise to the 335[deg]
bearing from the airport. The Class C surface area also excludes that
portion of airspace that is within the Smyrna Airport Class D airspace
area. The BNA Class C airspace also includes:
That airspace extending upward from 1,800 feet MSL to
6,000 feet MSL within a 15-mile radius of Nashville International
Airport from the 335[deg] bearing from the airport clockwise to the
060[deg] bearing from the airport;
That airspace extending upward from 2,400 feet MSL to
6,000 feet MSL within a 15-mile radius of the airport from the 060[deg]
bearing from the airport clockwise to the 155[deg] bearing from the
airport, excluding that portion within the Smyrna Airport, TN, Class D
airspace area;
That airspace extending upward from 1,800 feet MSL to
6,000 feet MSL within a 15-mile radius of Nashville International
Airport from the 155[deg] bearing from the airport clockwise to the
230[deg] bearing from the airport; and
That airspace extending upward from 2,400 feet MSL to
6,000 feet MSL within a 15-mile radius of Nashville International
Airport from the 230[deg] bearing from the airport clockwise to the
335[deg] bearing from the airport.
This action also amends the John C. Tune Airport (JWN) Class D
airspace area by replacing the current 2,500-foot MSL ceiling with ``to
but not including 2,400 feet MSL.'' The westward expansion of the BNA
Class C airspace, with a floor of 2,400 feet MSL, overlies the JWN
Class D airspace. Lowering the JWN Class D ceiling as described creates
a clearer delineation between the Class C and Class D airspace areas,
thus reducing the potential for pilot confusion over the airspace
status.
Annual air traffic volume in BNA TRACON's area has increased by
49.2% since 2015, including significant volume increases at M54, JWN,
MQY, and BNA airports. Due to the continuing rise in traffic, the
predictability resulting from the BNA Class C airspace modification is
needed to provide a safe and stable environment for arrivals and
departures at BNA as well as the surrounding airports.
This rulemaking action is required to reduce the risk of midair
collisions and enhance the efficient management of air traffic
operations in the Nashville, TN, terminal area.
Regulatory Impact Analysis
Federal agencies consider impacts of regulatory actions under a
variety of executive orders and other requirements. 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 the 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. 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 that may
result in the expenditure by State, local, and tribal governments, in
the aggregate, or by the private sector, of $100,000,000 or more
(adjusted annually for inflation) in any one year. The current
threshold after adjustment for inflation is $177 million using the most
current (2022) Implicit Price Deflator for the Gross Domestic Product.
This portion of the preamble summarizes the FAA's analysis of the
economic impacts of this rule.
In conducting these analyses, the FAA has determined that this
rule: will have a minimal cost impact; is not a ``significant
regulatory action'' as defined in section 3(f) of Executive Order
12866; will not have a significant economic impact on a substantial
number of small entities; will not create unnecessary obstacles to the
foreign commerce of the United States; and will not impose an unfunded
mandate on State, local, or tribal governments, or on the private
sector.
As discussed above, the FAA determined that changes put forth in
this final rule will reduce the risk of midair collisions, efficiency,
and airspace utilization. The final rule reconfigures BNA Class C
airspace area and amends the ceiling of JWN Class D airspace area.
Operations at BNA are rebounding from the drop in traffic that resulted
during the Coronavirus disease (COVID-19) pandemic. In addition, air
traffic in the Nashville terminal area has increased dramatically in
all categories of aircraft. The existing Class C airspace no longer
meets the needs of air traffic control and enhanced safety in the BNA
terminal area. The goals of the final rule are to reduce the risk of
midair collisions and improve the efficient management of air traffic
operations in the Nashville, TN, terminal area.
The final rule modifies the BNA Class C airspace area and requires
VFR aircraft to establish radio contact with ATC thereby enhancing
safety and efficiency in the BNA terminal area. VFR operators only
needs to make minor adjustments to accommodate the expanded
availability of Class C services around BNA. Therefore, the FAA expects
the final rule will result in minimal cost to VFR operators.
Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA)
establishes ``as a principle of regulatory issuance that
[[Page 36939]]
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 final rule reconfigures BNA Class C airspace area and amends
the ceiling JWN Class D airspace area. The FAA is taking this action to
reduce the risk of midair collisions and enhance the efficient
management of air traffic operations in the Nashville, TN, terminal
area. The FAA determined that changes put forth in this rule increase
airspace safety and efficiency.
The change affects general aviation operators using BNA Class C
airspace area and amends the ceiling JWN Class D airspace area.
Operators flying VFR needs to adjust their flight paths to avoid the
modified Class C airspace and Class D airspace if the pilots wish to
operate without contacting ATC. However, the modifications are intended
to address the concerns raised by air traffic without being burdensome.
Therefore, as provided in section 605(b), the head of the FAA certifies
that this rulemaking will not result in a significant economic impact
on a substantial number of small entities.
International Trade Impact Assessment
The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing standards or engaging in related activities
that create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to these Acts, the establishment of standards is not
considered an unnecessary obstacle to the foreign commerce of the
United States, so long as the standard has a legitimate domestic
objective, such as the protection of safety, and does not operate in a
manner that excludes imports that meet this objective. The statute also
requires consideration of international standards and, where
appropriate, that they be the basis for U.S. standards. The FAA has
assessed the potential effect of this final rule and determined that it
should improve safety and is consistent with the Trade Agreements Act.
The FAA has assessed the potential effect of this final rule and
determined that it would improve safety and is consistent with the
Trade Agreements Act.
Unfunded Mandates Assessment
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a state,
local, or tribal government or the private sector to incur direct costs
without the Federal government having first provided the funds to pay
those costs. The FAA determined that the final rule will not result in
the expenditure of $177 million or more by State, local, or tribal
governments, in the aggregate, or the private sector, in any one year.
This final rule does not contain such a mandate; therefore, the Act
does not apply.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that the FAA consider the impact of paperwork and other information
collection burdens imposed on the public. The FAA has determined that
there is no new information collection requirement associated with this
final rule.
Environmental Review
The FAA has determined that this action of reconfiguring the
existing Nashville International Airport (BNA) Class C area and
amending the ceiling of the John C. Tune Airport (JWN) Class D airspace
area in Nashville, TN, qualifies for categorical exclusion under the
National Environmental Policy Act (42 U.S.C. 4321 et seq.) and its
implementing regulations at 40 CFR part 1500, and in accordance with
FAA Order 1050.1F, Environmental Impacts: Policies and Procedures,
paragraph 5-6.5a, which categorically excludes from further
environmental impact review rulemaking actions that designate or modify
classes of airspace areas, airways, routes, and reporting points (see
14 CFR part 71, Designation of Class A, B, C, D, and E Airspace Areas;
Air Traffic Service Routes; and Reporting Points). As such, this action
is not expected to result in any potentially significant environmental
impacts. In accordance with FAA Order 1050.1F, paragraph 5-2 regarding
Extraordinary Circumstances, the FAA has reviewed this action for
factors and circumstances in which a normally categorically excluded
action may have a significant environmental impact requiring further
analysis. Accordingly, the FAA has determined that no extraordinary
circumstances exist that warrant preparation of an environmental
assessment or environmental impact study.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
The Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:
PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS
0
1. The authority citation for 14 CFR 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 FAA Order JO
7400.11G, Airspace Designations and Reporting Points, dated August 19,
2022, and effective September 15, 2022, is amended as follows:
Paragraph 4000 Subpart C--Class C Airspace.
* * * * *
ASO TN C Nashville, TN [Amended]
Nashville International Airport, TN
(Lat. 36[deg]07'28'' N, long. 86[deg]40'41'' W)
Smyrna Airport, TN
(Lat. 36[deg]00'32'' N, long. 86[deg]31'12'' W)
That airspace extending upward from the surface to 6,000 feet
MSL within a 5-mile radius of Nashville International Airport; and
that airspace extending upward from the surface to 6,000 feet MSL
within a 7-mile radius of Nashville International Airport from the
335[deg] bearing from the airport clockwise to the 230[deg] bearing
from the airport, excluding that portion within the Smyrna Airport,
TN, Class D airspace area; and that airspace extending upward from
[[Page 36940]]
1,800 feet MSL to 6,000 feet MSL within a 15-mile radius of
Nashville International Airport from the 335[deg] bearing from the
airport clockwise to the 060[deg] bearing from the airport; and that
airspace extending upward from 2,400 feet MSL to 6,000 feet MSL
within a 15-mile radius of the airport from the 060[deg] bearing
from the airport clockwise to the 155[deg] bearing from the airport,
excluding that portion within the Smyrna Airport, TN, Class D
airspace area; and that airspace extending upward from 1,800 feet
MSL to 6,000 feet MSL within a 15-mile radius of Nashville
International Airport from the 155[deg] bearing from the airport
clockwise to the 230[deg] bearing from the airport; and that
airspace extending upward from 2,400 feet MSL to 6,000 feet MSL
within a 15-mile radius of Nashville International Airport from the
230[deg] bearing from the airport clockwise to the 335[deg] bearing
from the airport.
* * * * *
Paragraph 5000 Subpart D--Class D Airspace.
* * * * *
ASO TN D Nashville, TN [Amended]
John C. Tune Airport, TN
(Lat. 36[deg]10'59'' N, long. 86[deg]53'11'' W)
That airspace upward from the surface to but not including 2,400
feet MSL within a 4.1-mile radius of John C. Tune Airport, and
within 1.2-miles each side of the 195[deg] bearing from the airport,
extending from the 4.1-mile radius to 6.1-miles south of the
airport, and within 1.2-miles each side of the 015[deg] bearing from
the airport, extending from the 4.1-mile radius to 6.1-miles north
of the airport. This Class D airspace area is effective during the
specific dates and times established in advance by a Notice to Air
Missions. The effective dates and times will thereafter be
continuously published in the Chart Supplement.
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[[Page 36941]]
[GRAPHIC] [TIFF OMITTED] TR06JN23.000
[[Page 36942]]
* * * * *
Issued in Washington, DC, on May 31, 2023.
Brian Konie,
Acting Manager, Airspace Rules and Regulations.
[FR Doc. 2023-11909 Filed 6-5-23; 8:45 am]
BILLING CODE 4910-13-C