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Federal Register / Vol. 70, No.

151 / Monday, August 8, 2005 / Proposed Rules 45599

DEPARTMENT OF TRANSPORTATION environmental, and energy-related Background


aspects of the proposal. Currently, the Sanford Airport Traffic
Federal Aviation Administration Communications should identify both Control Tower (ATCT) provides air
docket numbers (FAA Docket No. FAA– traffic control (ATC) service to a varied
14 CFR Part 71 2005–20700 and Airspace Docket No. mix of air carrier and other civil aircraft,
[Docket No. FAA–2005–20700; Airspace 04–AWA–8) and be submitted in including a dense volume of training
Docket No. 04–AWA–8] triplicate to the Docket Management traffic from the numerous flight schools
System (see ADDRESSES section for located in the central Florida area. With
RIN 2120–AA66 address and phone number). You may the current Class D airspace
also submit comments through the configuration, the Sanford tower
Proposed Establishment of Class C Internet at http://dms.dot.gov. controller is required to take initial calls
Airspace and Revocation of Class D from inbound aircraft entering the traffic
Airspace, Orlando Sanford Commenters wishing the FAA to
acknowledge receipt of their comments pattern and work departures out of the
International Airport, FL; and Proposed Class D airspace area. These tasks divert
Modification of the Orlando on this action must submit with those
comments a self-addressed, stamped the controller’s attention away from the
International Airport Class B Airspace busy runway operation. Consequently,
Area, FL postcard on which the following
statement is made: ‘‘Comments to FAA delays and frequency congestion are
AGENCY: Federal Aviation Docket No. FAA–2005–20700 and problems, and runway incursions have
Administration (FAA), DOT. been a concern at Sanford.
Airspace Docket No. 04–AWA–8.’’ The
In addition, Sanford air carrier
ACTION: Notice of proposed rulemaking postcard will be date/time stamped and
arrivals currently enter and leave the
(NPRM). returned to the commenter.
Orlando International Airport Class B
SUMMARY: This action proposes to All communications received on or airspace area twice before entering the
establish Class C airspace at the Orlando before the specified closing date for Sanford Class D airspace area. During
Sanford International Airport (SFB), FL; comments will be considered before this transition, encounters with
revoke the existing Sanford, FL, Class D taking action on the proposed rule. The unknown aircraft are common, resulting
airspace area; and modify the existing proposal contained in this action may in vectors off course, traffic alert and
Orlando International Airport (MCO), be changed in light of comments collision advance system (TCAS) alerts,
FL, Class B airspace area. The FAA is received. All comments submitted will and/or Near Midair Collision Reports.
proposing this action to improve the be available for examination in the Further, the Sanford instrument landing
flow of air traffic, enhance safety, and public docket both before and after the system (ILS) glideslopes to runways 9L
reduce the potential for midair collision closing date for comments. A report and 27R are both outside the current
in the Orlando, FL, terminal area. summarizing each substantive public Orlando International Class B and
contact with FAA personnel concerned Sanford Class D airspace areas until
DATES: Comments must be received on
or before October 7, 2005. with this rulemaking will be filed in the they reach a 4-mile final.
docket. The number of passenger
ADDRESSES: Send comments on this enplanements at Sanford have increased
proposal to the Docket Management Availability of NPRM’s above 600,000. This exceeds the FAA
System, U.S. Department of threshold criteria of 250,000
Transportation, Room Plaza 401, 400 An electronic copy of this document
may be downloaded through the enplanements for Class C airspace area
Seventh Street, SW., Washington, DC candidacy. Based on this, in addition to
20590–0001. You must identify FAA Internet at http://dms.dot.gov. Recently
published rulemaking documents can the above mentioned problem areas, the
Docket No. FAA–2005–20700 and projected growth of traffic at Sanford,
Airspace Docket No. 04–AWA–8, at the also be accessed through the FAA’s Web
page at http://www.faa.gov or the and the need to enhance safety and
beginning of your comments. You may reduce the potential for midair
also submit comments through the Federal Register’s Web page at http://
www.gpoaccess.gov/fr/index.html. collisions in the Orlando terminal area,
Internet at http://dms.dot.gov. this proposal to establish the Sanford
FOR FURTHER INFORMATION CONTACT: Paul You may review the public docket Class C airspace area was developed. A
Gallant, Airspace and Rules, Office of containing the proposal, any comments Class C airspace area at Sanford would
System Operations and Safety, Federal received, and any final disposition in keep instrument flight rules (IFR)
Aviation Administration, 800 person in the Dockets Office (see aircraft arriving at Sanford in controlled
Independence Avenue, SW., ADDRESSES section for address and airspace thus reducing traffic conflicts.
Washington, DC 20591; telephone: (202) phone number) between 9 a.m. and 5 In addition, the Sanford ATCT’s
267–8783. p.m., Monday through Friday, except workload would be reduced since the
SUPPLEMENTARY INFORMATION:
Federal holidays. An informal docket Orlando International Airport’s
may also be examined during normal Terminal Radar Approach Control
Comments Invited business hours at the office of the (TRACON) would take over arrival
Interested parties are invited to Regional Air Traffic Division, Federal sequencing responsibilities to the
participate in this proposed rulemaking Aviation Administration, 1701 Sanford runway and would work all
by submitting such written data, views, Columbia Avenue College Park, GA Sanford departures out of the proposed
or arguments as they may desire. 30337. Class C airspace area. This would
Comments that provide the factual basis Persons interested in being placed on reduce Sanford Tower frequency
supporting the views and suggestions a mailing list for future NPRM’s should congestion and enable the tower
presented are particularly helpful in contact the FAA’s Office of Rulemaking, controller to focus on runway
developing reasoned regulatory (202) 267–9677, for a copy of Advisory operations thereby increasing safety and
decisions on the proposal. Comments Circular No. 11–2A, Notice of Proposed efficiency.
are specifically invited on the overall Rulemaking Distribution System, which FAA policy requires that, before
regulatory, aeronautical, economic, describes the application procedure. action is initiated to establish Class C

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45600 Federal Register / Vol. 70, No. 151 / Monday, August 8, 2005 / Proposed Rules

airspace, nonrulemaking alternatives north of Orlando Executive Airport, and Orlando Class B airspace. All comments
that provide for an acceptable level of near Sanford International Airport at received as a result of the informal
safety must be implemented. In low altitude, has shown that Class B airspace meetings, along with the
compliance with that policy, a number airspace is not needed in those areas to recommendations made by the ad hoc
of safety measures were implemented at support Orlando International Airport committee, were considered in
Sanford and in the Orlando operations and that airspace can be developing this proposal.
International Airport terminal area. released back to users. The proposed
Some of the safety measures that were Orlando Class B airspace modifications Analysis of Comments
implemented include: Sanford ATCT would address these matters. One commenter was concerned that
received Digital Bright Radar Indicator the Sanford Class C airspace would
Pre-NPRM Public Input
Tower Equipment radar in 1997; result in the loss of an aerobatic practice
Operation Rain Check, a pilot-controller In 2002, the FAA initiated action to box at Sanford. The FAA assures users
forum, is held yearly; controller groups form an ad hoc committee to develop that the aerobatic box would not change
attending local user meetings to discuss recommendations for designing a if the Sanford Class C airspace is
safety; Orlando TRACON established a proposed Class C airspace at Sanford implemented.
procedure to keep large arriving aircraft International Airport and for Four commenters questioned whether
at higher altitudes on downwind legs to modifications to the Orlando Class B ATC staffing levels were adequate at the
avoid slower traffic; safety meetings airspace. Participants in the committee Orlando TRACON and the Sanford
with flight school operators resulted in included representatives from Sanford ATCT to handle the additional Class C
preferred routings for COMAIR (now International, Orlando Executive, airspace workload. One commenter
known as Delta Connection Academy) Kissimmee Gateway and Cedar Knoll stated that staffing resources need
departures; standard visual flight rules Flying Ranch airports, AOPA, local further analysis. The FAA has
(VFR) arrival areas were set up for flight Fixed Base Operators, and flight determined that no additional staffing is
school operations; Orlando Traffic schools. Three ad hoc committee
required to support both the
Management implemented voluntary meetings were held. The first meeting
implementation of the Sanford Class C
flow controls for flight school was held at Sanford on January 14,
airspace and the modification of the
operations in the Orlando area; and 2003; the second meeting was held on
Orlando Class B airspace.
introduced local use call signs and February 25, 2003, at Kissimmee
Gateway Airport (ISM); and the third Three commenters stated that the
standard climb-out procedures for flight planned runway extension and
school aircraft. Although these meeting was held at Orlando Executive
Airport on March 23, 2003. installation of a parallel ILS at Sanford
procedures have enhanced safety at should be completed prior to
Sanford, their effectiveness is based on As a result of the meetings, several
operational procedures were developed implementation of a Class C airspace
current traffic levels with little room to area. The FAA does not agree. Sanford
accommodate future growth. If and airspace modifications were
incorporated into the proposed design. has several construction projects
established, the proposed Sanford Class
The Sanford Class C northern 10 scheduled during the next three years.
C airspace area would replace the
nautical mile (NM) circle was changed During construction, runway closures at
current Sanford Class D airspace area.
In 1990, the FAA issued a final rule to align with the current Orlando Class Sanford will compress traffic to the
establishing the Orlando Terminal B airspace boundary. The proposed open runways reducing airport capacity
Control Area (TCA) at Orlando Class C airspace was modified to and contributing to delays. During
International Airport (55 FR 9082). In provide a cutout for Cedar Knoll Flying runway closure periods, the Sanford
1993, the term ‘‘TCA’’ was replaced by Ranch Airport (01FL). A draft letter of ATCT controller will need to devote
‘‘Class B airspace area’’ as a result of the agreement was formulated to establish maximum focus on the open runways.
Airspace Reclassification Final Rule (56 procedures and sterile routings out of Under the current Class D airspace
FR 65638). The Orlando Class B the proposed Class C airspace, enabling configuration, the Sanford ATCT
airspace was last modified in 1999 to VFR departures to stay with Sanford controller responds to initial call-ups
adjust several areas within the existing ATCT, if desired, and terminate ATC from VFR inbound traffic, which
lateral boundaries of the Class B service at the 5-mile Class C airspace occupies much of the controller’s
airspace (64 FR 42585). ring. Provisions were established to attention. With the proposed Class C
In 2004, a fourth runway (17L/35R) issue VFR codes to Orlando Executive airspace configuration, Sanford
was commissioned at Orlando Airport users on the ground. Finally, a inbounds would initially call Orlando
International Airport. As a result, the VFR flyway east of Sanford TRACON, thus enabling the Sanford
airport reference point (ARP) was International Airport below 3,000 feet ATCT controller to focus more attention
shifted eastward affecting the published outside the proposed Class C airspace on runway operations, reducing delays
center point for the Class B airspace was established. and increasing the level of runway
area. In addition, there is a need to In addition, as announced in the safety. Therefore, the FAA believes that
further modify several areas within the Federal Register (68 FR 53925), the proposed Class C airspace is needed
Orlando International Airport Class B informal airspace meetings were held on in the interest of both safety and
airspace to accommodate the proposed November 6, 2003, at the Sanford operational efficiency.
Sanford Class C airspace and to provide International Airport, Terminal A, One commenter contended that if the
additional Class B airspace to ensure the Vigilante Room, Sanford, FL; and Class C airspace area is implemented,
containment of Orlando International November 7, 2003, at the Orlando there should be a single, unified ATCT
Airport arrivals and departures. Airport Marriott Hotel, Orlando, FL. and TRACON at Sanford airport. The
Operational experience with departures These meetings provided interested FAA does not agree. Orlando TRACON
climbing off Orlando International to airspace users with an opportunity to is fully capable of efficiently managing
the west has shown areas of airspace in present their views and offer Sanford operations from its current
the Orlando terminal area that need to suggestions regarding the planned location. In fact, many large and
be brought into the Class B airspace establishment of the Sanford Class C complex operations are worked from
area. Also, experience working air traffic airspace and modification of the remote TRACONs such as Atlanta, New

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Federal Register / Vol. 70, No. 151 / Monday, August 8, 2005 / Proposed Rules 45601

York, Baltimore-Washington, DC, and Notwithstanding, the FAA is soliciting reflected in the proposal. Two
Southern California. comments regarding possible economic commenters believed that an overall
One commenter wrote that the local impacts from this proposal. evaluation of the Orlando terminal area
users were not adequately consulted Two commenters stated that airspace should take place. Another
during the development of the proposed alternative airspace modifications commenter stated that the east-west
Sanford Class C airspace establishment should be evaluated before VFR corridor between Orlando
and Orlando Class B airspace implementing Class C airspace. These Executive Airport and Sanford
modification. The FAA does not agree. commenters suggested that either the International Airport creates
An ad hoc committee was formed to existing Sanford Class D airspace be compression and puts aircraft near tall
develop recommendations to the FAA extended outward beyond the Sanford towers and practice areas. This
regarding the proposed design of the final approach fixes, or the existing commenter suggested that VFR
Class C airspace. Three ad hoc user Orlando Class B airspace area be waypoints be considered to assist pilots
meetings were held to solicit local input lowered to protect the Sanford final circumnavigating the complex Orlando
on the proposal. A number of issues approach fixes, if needed. The FAA terminal area and to identify entry and
were identified at these meetings and examined these alternatives and exit points on VFR corridors. The
several recommendations have been determined that they would not be commenter also stated that there may be
incorporated into this proposal. In suitable in this case. Class B airspace is a need to redefine the areas within the
addition, as announced in the Federal designed to contain IFR operations at Orlando TRACON’s airspace to
Register (68 FR 53925, September 15, the primary airport (in this case, minimize frequency hand-offs.
2003), the FAA held Informal Airspace Orlando International). FAA Class B Regarding an evaluation of the
Meetings in the local area on November airspace design criteria requires that Orlando area airspace, such a review
6 and November 7, 2003 to inform users airspace over a satellite airport be has been conducted in association with
of the planned airspace changes and to excluded from the Class B area if it is this proposal. The proposed design also
gather facts and information relevant to not required for primary airport IFR reflects modifications made to
the proposed airspace action. FAA operations. Expanding the MCO Class B accommodate user requests.
representatives have also attended airspace area over SFB as suggested Additionally, FAA directives require
monthly user meetings at Orlando would be overly restrictive for users. that Class B and Class C airspace be re-
Executive Airport and Sanford Extending the SFB Class D airspace evaluated every two years to determine
International Airport and provided beyond the final approach fixes would if any modifications should be made.
briefings on the Class C and Class B not resolve the SFB ATCT workload and Regarding concerns about the east-west
proposals. An internet link for user frequency congestion issues discussed corridor, located between the Orlando
comments is advertised on the Orlando above. Executive Airport and Sanford, this
International Airport ATCT web page. Two commenters expressed concerns proposal would widen the corridor
Finally, this NPRM provides users with that radio frequency congestion could (with its 2,000 feet mean sea level
a 60-day period to submit comments or result from the implementation of Class (MSL)) ceiling by approximately 3 NM.
recommendations on the proposal. All C airspace and that the FAA should This would increase the amount of
comments received will be fully ensure that the Orlando TRACON has airspace available for VFR aircraft to
considered before the FAA makes its additional frequencies available to transit while remaining outside of Class
final determination on this proposal. handle the proposed Class C traffic B and Class C airspace. The FAA agrees
The proposal may be changed in light of volume. The FAA believes that with the suggestion for additional VFR
those comments. frequency congestion will not be an waypoints and these will be developed
Four commenters indicated that the issue. Orlando TRACON recently added for the area. Regarding the issue of
Sanford Class C airspace area would another control sector and frequency, frequency changes, Orlando TRACON is
have an adverse economic impact on covering the Sanford area, to reduce developing procedures and designing its
operations at Sanford. The cost of these radio frequency congestion and prepare airspace sectors to minimize the need
operations would rise significantly Orlando TRACON for the additional for frequency changes.
because Class C airspace would result in traffic volume. With the Class C airspace Several commenters questioned the
increased air traffic delays both on the area the Orlando TRACON would take validity of Sanford’s candidacy for Class
ground and in the air. The FAA does not over responsibility for sequencing C airspace. One commenter wrote that
agree. The Class C airspace area is Sanford arrivals and would work all Sanford does not have enough passenger
expected to reduce Sanford delays. departures out of the proposed airspace. carrying flights to qualify. Another
Current traffic routings and proposed As a result, the Sanford ATCT local wrote that General Aviation makes up
Class C routings have been compared control frequency congestion would be the large majority of operations at
and it was found that the Class C reduced. Additionally, the Sanford Sanford and those users oppose the
airspace area would have minimal ATCT clearance delivery position will Class C airspace area. This commenter
negative impact on users. Procedures for be open during all busy periods, also believed that the Near Midair
the proposed Class C airspace operation reducing congestion on the Sanford Collision (NMAC) and Traffic Alert and
would allow Sanford users to continue ATCT ground control frequency. Collision Avoidance System Resolution
flying as much as they do today. A Several commenters stated that, if the Advisory (RA) data utilized in the study
minimal increase in flying distance (5 Sanford Class C airspace area is were not valid. A third commenter said
miles further west or east of Sanford) established, the current practice of that traffic count figures should be re-
may be required for pilots transiting the issuing transponder codes on the evaluated based on today’s trends.
area outside the proposed Class C and ground for VFR aircraft at Orlando The FAA does not agree. For an
Class B airspace areas. Since Sanford Executive Airport should be continued. airport to be considered as a candidate
International Airport already lies within The FAA agrees. Procedures are now for Class C airspace, it must be served
the Orlando Class B airspace Mode C in place to issue codes, upon request, to by an operational airport traffic control
Veil, no additional aircraft equipment VFR pilots on a permanent basis. tower and a radar approach control. In
would be required as a result of the Four commenters raised various addition, the airport must meet one of
proposed airspace changes. issues regarding the airspace design the following: (a) An annual instrument

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45602 Federal Register / Vol. 70, No. 151 / Monday, August 8, 2005 / Proposed Rules

operations count of 75,000 at the are discussed in the following to the east to recenter the area on the
primary airport; (b) an annual paragraphs. revised Orlando International Aiport
instrument operations count of 100,000 ARP, which was adjusted due to the
Proposed Orlando Sanford International
at the primary and secondary airports in addition of the fourth runway at
Airport Class C Airspace
the terminal area hub; or (c) an annual Orlando International.
count of 250,000 enplaned passengers at The proposed Sanford Class C Area B. The eastern boundary of Area
the primary airport. Sanford qualifies as airspace area would be described as B would be shifted approximately 1 NM
a Class C candidate based on its follows: east to long. 81°10′00″ W. to
enplaned passenger count. In calendar That airspace extending upward from accommodate the new Orlando
year 2003 (the latest year for which the surface to but not including 3,000 International Airport runway.
validated counts are available), Sanford feet MSL within a 5-mile radius of the Area C. The section of Area C in the
enplanements totaled 619,894; well Sanford International Airport (SFB), vicinity of Sanford International Airport
above the candidacy criteria. Regarding excluding that airspace from the surface would be removed and replaced by the
NMAC and RA data, the reports cited in to but not including 700 feet MSL in the Sanford Class C airspace area up to but
the staff study were submitted officially vicinity of Cedar Knoll Flying Ranch not including 3,000 feet MSL, and by
and met the required criteria. It should Airport within the area beginning at Area E from 3,000 feet MSL up to and
be noted that such information is but lat.28°50′00″ N., long. 81°10′00″ W., including 10,000 feet MSL. Area C in
one of many factors that are considered thence clockwise along the SFB 5-mile the vicinity of Orlando Executive
when conducting an analysis of a Class radius arc to lat. 28°43′20″ N., long. Airport would be reduced in size. The
C airspace candidate airport. A review 81°10′00″ W., thence north to the point airspace removed from Area C to the
of current traffic counts and trends at of beginning; and that airspace west, north, and northeast of Orlando
Sanford indicate steady growth. extending upward from 1,300 feet MSL Executive Airport would be
to but not including 3,000 feet MSL incorporated into Area D with its higher
One commenter stated that the
within the area beginning northeast of Class B airspace floor of 2,000 feet MSL.
proposed Sanford Class C airspace area
the primary airport at the intersection of This change would increase the amount
would have a significant and potentially
the SFB 10-mile radius arc and lat. of airspace available to VFR aircraft
adverse effect on Orlando Executive
28°53′00″ N., then clockwise along the allowing them to utilize that area below
Airport; therefore, it should only be
SFB 10-mile radius arc to lat. 28°41′36″ 2,000 feet and remain outside of Class
considered if the best interest of safety
N., then west along lat. 28°41′36″ N. to B airspace. Also, the eastern boundary
requires it. The commenter further
the intersection of the SFB 10-mile of the Area C segments located to the
stated that, if Class C airspace is
radius arc, then clockwise along the SFB north and south of Orlando
designated at Sanford, Orlando International Airport would be modified
Executive Airport should also have a 10-mile radius arc to lat. 28°53′00″ N.,
then east along lat. 28°53′00″ N., to the by moving the eastern boundary one
Class C airspace area. Another degree east to long. 81°10′00″ W. to
commenter wrote that the Orlando point of beginning.
The SFB Class C airspace area would accommodate the new runway.
Executive Airport has a greater need for Area D. Area D would be expanded in
be effective during times when the
a Class C airspace area than Sanford. size in the vicinity of Orlando Executive
Orlando Sanford International ATCT is
The FAA does not believe that the in operation. These times would be Airport by incorporating the airspace
Sanford Class C airspace would result in published in the Airport/Facility removed from Area C, as described
delays in the Orlando Executive Airport Directory. above. This change would raise the floor
traffic. The proposed Sanford Class C If the Sanford Class C airspace is of Class B airspace in the affected area
airspace would not degrade ATC established, it would replace the from 1,600 feet MSL to 2,000 feet MSL,
services provided to the users of the existing Sanford Class D airspace area, providing additional VFR flyway
Orlando Executive Airport. The airspace which would be revoked. airspace between Sanford International
classification at the Orlando Executive Airport and Orlando Executive Airport
Airport is being evaluated by the FAA Orlando International Airport Class B while still protecting Orlando
as a separate issue from this proposed Airspace International Airport arrivals. Also, the
rulemaking action. The FAA is proposing to modify eastern boundary of Area D would be
The Proposal several areas within the Orlando Class moved eastward to long. 81°10′00″ W. to
B airspace to accommodate the accommodate the new runway at
The FAA is proposing an amendment proposed Sanford Class C airspace area; Orlando International Airport.
to Title 14 Code of Federal Regulations reflect the adjustment of the Orlando Area E. The boundary of Area E to the
(14 CFR) part 71 to establish Class C International Airport ARP as a result of east of Olando International, currently
airspace and revoke the existing Class D the commissioning of the fourth runway defined by long. 81°11′00″ W., would be
airspace at Sanford International at Orlando International; and provide moved eastward one degree to long.
Airport, FL. In addition, the FAA is additional Class B airspace to 81°10′00″ W. This modification
proposing to modify the Orlando accommodate the new runway and to accommodates the new Orlando
International Airport Class B airspace to ensure that Orlando International International Airport runway.
accommodate the Sanford Class C Airport arrivals and departures are Additionally, Area E would be
airspace; update the Orlando contained within Class B airspace. The expanded in the vicinity of Sanford so
International Airport ARP coordinates existing outer boundaries of the Orlando that Area E would overlie the Sanford
in the Class B airspace legal description; Class B airspace area would remain Class C airspace area and incorporate
provide additional Class B airspace to unchanged by these modifications. the airspace from 3,000 feet MSL up to
accommodate the new runway at The following describes the proposed and including 10,000 feet MSL over
Orlando International; and ensure that revisions to the Orlando Class B Sanford, that was formerly in Area C.
Orlando International arrival and airspace area: Also, the southern boundary of Area E,
departure traffic remains within Class B Area A. Area A would be recentered located to the south of Sanford, would
airspace. The specifics of this proposed on lat. 28°25′46″ N., long. 81°18′32″ W. be moved further south by
action (depicted on the attached chart) This represents a shift of Area A slightly approximately 2.5 NM to align it with

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Federal Register / Vol. 70, No. 151 / Monday, August 8, 2005 / Proposed Rules 45603

the southern boundary of the Sanford preamble, and the full Regulatory consistent with the objective of the rule
Class C airspace area, along lat. Evaluation is in the docket. and of applicable statutes, to fit
28°41′36″ N. The FAA proposes to change the regulatory and informational
Area F. That airspace described as Orlando Class B and the Orlando requirements to the scale of the
Area F in the existing Orlando Class B Sanford Airport Class D airspace areas. business, organizations, and
airspace area would be renamed ‘‘Area The Orlando Class B airspace area governmental jurisdictions subject to
G.’’ A new Area F would be inserted to modification would maintain the 10,000 regulation.’’ To achieve that principal,
the west of Orlando International, feet mean sea level (MSL) airspace the Act requires agencies to solicit and
adjacent to, and west of, Area D and ceiling and redefine the lateral limits of consider flexible regulatory proposals
Area E. This new Area F would consist several of the existing subareas to and to explain the rational for their
of that airspace located between long, improve the management of air traffic actions. The Act covers a wide-range of
81°27′30″ W. and long. 81°32′00″ W., operations in the Orlando terminal area. small entities, including small
and bounded by the ORL VORTAC 30- The Orlando Sanford Airport Class D businesses, not-for-profit organizations
mile radius on the south, and by lat. airspace area upgrade to a Class C and small governmental jurisdictions.
28°53′00″ N., on the north. The floor of airspace area would lower the airspace Agencies must perform a review to
the new Area F would be set at 4,000 area from 3,000 to 1,600 feet MSL and determine whether a proposed or final
feet MSL instead of the 6,000 feet MSL would include a radius of 4.4 NM from rule will have a significant economic
floor in the existing Area F. The lower the Orlando Sanford Airport up to but impact on a substantial number of small
floor provided by the new Area F would not including 1,600 feet MSL. entities. If the determination is that it
ensure that departures climbing The FAA has determined that the will, the agency must prepare a
westbound off MCO and arrivals on changes to the Orlando International regulatory flexibility analysis (RFA) as
downwind leg for landing at Orlando Airport Class B and the Orlando Sanford described in the Act.
International remain within Class B International Airport Class D airspace However, if an agency determines that
areas would improve the operational a proposed or final rule is not expected
airspace.
efficiency while maintaining aviation to have a significant economic impact
Area G. The remaining sections of the safety in the terminal area. Also, clearer
existing Area F would be renamed Area on a substantial number of small
boundary definition and changes to entities, section 605(b) of the 1980 act
G as a result of the addition of a new lateral and vertical limits of some
Area F, described above. provides that the head of the agency
subareas would provide additional may so certify and an RFA is not
Implementation of the proposed airspace for use by VFR aircraft
Sanford Class C airspace area and the required. The certification must include
transitioning to and from satellite a statement providing the factual basis
modifications to the Orlando Class B airports. This proposal would impose
airspace area would enhance the safe for this determination, and the
only negligible costs on airspace users reasoning should be clear.
and efficient use of airspace and reduce and could potentially reduce
the potential for midair collision in the The FAA has determined that the
circumnavigation costs to some proposed rule would have a de minimus
Orlando terminal area. operators. impact on small entities. All
Regulatory Evaluation Summary The proposed rule would result in commercial and general aviation
negligible additional administrative operators who presently use the
Changes to Federal Regulations must costs to the FAA and no additional
undergo several economic analyses. Orlando International Airport are
operational costs for personnel or equipped to operate within the modified
First, Executive Order 12866 directs that equipment to the agency. Notices would
each Federal agency shall propose or Class B airspace area. As for aircraft that
be sent to pilots within a 100-mile regularly fly through the Orlando
adopt a regulation only upon a reasoned radius of the Orlando International
determination that the benefits of the Sanford Airport Class D airspace area,
Airport at an estimated cost of $2,900.00 since the airport is situated within the
intended regulation justify its costs. for postage. Printing of aeronautical
Second, the Regulatory Flexibility Act established Orlando Mode C Veil, all
charts which reflect the changes to the aircraft should already have the
requires agencies to analyze the Class B and Class C airspace areas
economic effect of regulatory changes necessary equipment to transition the
would be accomplished during a modified Class B airspace area.
on small businesses and other small scheduled chart printing, and would
entities. Third, the Office of Therefore, there would be no additional
result in no additional costs for plate equipment cost to these entities.
Management and Budget directs modification and updating of charts.
agencies to assess the effect of Accordingly, pursuant to the
Furthermore, no staffing changes would Regulatory Flexibility Act, 5 U.S.C.
regulatory changes on international be required to maintain the modified
trade. In conducting these analyses, the 605(b), the Federal Aviation
Class B airspace area and the upgraded Administration certifies that this rule
FAA has determined that this proposed Class D airspace area. Potential increase
rule: (1) Would generate benefits that would not have a significant economic
in FAA operations workload could be impact on a substantial number of small
justify its minimal costs and is not a absorbed by current personnel and
‘‘significant regulatory action’’ as entities. The FAA solicits comments
equipment. from affected entities with respect to
defined in the Executive Order; (2) is In view of the negligible cost of
not significant as defined in the this finding and determination.
compliance, enhanced aviation safety,
Department of Transportation’s and improved operational efficiency, International Trade Impact Assessment
Regulatory Policies and Procedures; (3) the FAA has determined that the
would not have a significant impact on Trade Impact Assessment
proposed rule would be cost-beneficial.
a substantial number of small entities; The Trade Agreement Act of 1979
(4) would not constitute a barrier to Initial Regulatory Flexibility prohibits Federal agencies from
international trade; and (5) would not Determination establishing any standards or engaging
contain any Federal intergovernmental The Regulatory Flexibility Act of 1980 in related activities that create
or private sector mandate. These establishes ‘‘as a principle of regulatory unnecessary obstacles to the foreign
analyses are summarized here in the issuance that agencies shall endeavor, commerce of the United States.

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45604 Federal Register / Vol. 70, No. 151 / Monday, August 8, 2005 / Proposed Rules

Legitimate domestic objectives, such as Points, dated August 30, 2004, and thence west on University Blvd. to the
safety, are not considered unnecessary effective September 16, 2004, is Orlando Executive Airport 4.2-mile radius
obstacles. The statute also requires amended as follows: arc, thence counterclockwise on the Orlando
Executive Airport 4.2-mile radius arc to the
consideration of international standards
Paragraph 3000—Class B Airspace. intersection of Interstate 4, southwest of the
and, where appropriate, that they be the ORL VORTAC, thence west on Interstate 4 to
basis for U.S. standards. The FAA has * * * * * the intersection of S.R. 423, thence south
assessed the potential effect of this ASO FL B Orlando, FL [Revised] along S.R. 423 to the intersection of the ORL
(proposed/final) rule and determined VORTAC 14-mile radius arc, thence
Orlando International Airport (Primary counterclockwise along the ORL VORTAC
that it would have only a domestic
Airport) (MCO) 14-mile radius arc to long. 81°24′06″ W.,
impact and therefore no affect on any (Lat. 28°25′46″ N., long. 81°18′32″ W.)
trade-sensitive activity. thence south to the intersection of the ORL
Orlando VORTAC (ORL) VORTAC 20-mile radius arc, thence
Unfunded Mandates Assessment (Lat. 28°32′34″ N., long. 81°20′06″ W.) clockwise along the ORL VORTAC 20-mile
Boundaries radius arc to the intersection of long.
The Unfunded Mandates Reform Act
81°27′30″ W., thence north to the point of
of 1995 (the Act) is intended, among Area A—That airspace extending upward
beginning.
other things, to curb the practice of from the surface to and including 10,000 feet
Area E—That airspace extending upward
imposing unfunded Federal mandates MSL within a 5 NM radius from the MCO.
from 3,000 feet MSL to and including 10,000
Area B—That airspace extending upward
on State, local, and tribal governments. feet MSL beginning at a point of the
from 900 feet MSL to and including 10,000
Title II of the Act requires each Federal intersection of lat. 28°41′36″ N., long.
feet MSL beginning at a point of the
agency to prepare a written statement 81°27′30″ W., thence north to the intersection
intersection of State Road (S.R.) 423 (John
assessing the effects of any Federal of lat. 28°53′00″ N., thence east to the
Young Parkway SW of ORL VORTAC) and
mandate in a proposed or final agency intersection of the MCO Mode C Veil 30–NM
Interstate 4, thence northeast along Interstate
radius arc, thence southeast along the MCO
rule that may result in an expenditure 4 to the intersection of Interstate 4 and S.R.
441 (Orange Blossom Trail), thence direct to Mode C Veil 30–NM radius arc to the
of $100 million or more (adjusted intersection of the power lines at lat.
annually for inflation) in any one year the intersection of Lake Underhill Road and
Palmer Street, thence east along Lake 28°50′20″ N., thence southeast along these
by State, local, and tribal governments, power lines to lat. 28°41′36″ N., thence west
Underhill Road to the intersection of Lake
in the aggregate, or by the private sector; Underhill Road and the Central Florida to long. 81°05′09″ W., thence south along the
such a mandate is deemed to be a Greenway (S.R. 417), thence direct to lat. Florida Power transmission lines to the
‘‘significant regulatory action.’’ The 28°29′22″ N., long. 81°10′00″ W. (the Stanton intersection of Highway 50 at lat. 28°32′10″
FAA currently uses an inflation- Power Plant), thence south to the intersection N., long. 81°03′35″ W., thence south to the
adjusted value of $120.7 million in lieu of the ORL VORTAC 14-mile radius arc, Bee Line Expressway at lat. 28°27′05″ N.,
thence clockwise along the ORL VORTAC 14- long. 81°03′45″ W., thence west along the Bee
of $100 million. Line Expressway to the intersection of lat.
This proposed rule does not contain mile radius arc to the intersection of S.R. 423,
thence north along S.R. 423 to the point of 28°27′00″ N., long. 81°04′40″ W., thence
such a mandate. The requirements of south to the intersection of the ORL VORTAC
beginning.
Title II do not apply. 30-mile radius arc, thence clockwise along
Area C—That airspace extending upward
Conclusion from 1,600 feet MSL to and including 10,000 the ORL VORTAC 30-mile radius arc to long.
feet MSL beginning at a point of the 81°27′30″ W., thence north on long. 81°27′30″
In view of the minimal cost of intersection of Interstate 4 and the Orlando W., to the intersection of the ORL VORTAC
compliance of the proposed rule, Executive Airport Class D airspace 4.2 mile 20-mile radius arc, thence counterclockwise
compared to the improvements to radius arc (lat. 28°30′35″ N., long. 81°24′02″ along the ORL VORTAC 20-mile radius arc
operational efficiency without reducing W.), thence clockwise on the Orlando to the intersection of long. 81°10′00″ W.,
aviation safety, the FAA has determined Executive Airport 4.2-mile radius to thence north to the intersection of lat.
University Blvd., thence east on University 28°41′36″ N., thence west to the point of
that the proposed rule would be cost-
Blvd. to the intersection of S.R. 434, thence beginning.
beneficial. Area F—That airspace extending upward
east on lat. 28°35′50″ N. to long. 81°10′00″
List of Subjects in 14 CFR Part 71 W., thence south to lat. 28°29′22″ N., thence from 4,000 feet MSL to and including 10,000
northwest direct to the intersection of Lake feet MSL beginning south of the primary
Airspace, Incorporation by reference, Underhill Road and Central Florida airport at the intersection of the ORL
Navigation (air). Greenway (S.R. 417), thence west along Lake VORTAC 30-mile radius arc and long.
The Proposed Amendment Underhill Road to the intersection of Palmer 81°27′30″ W., thence clockwise along the
Street, thence southwest to the point of ORL VORTAC 30-mile radius arc to long.
In consideration of the foregoing, the beginning. Also, that airspace south of the 81°32′00″ W., thence north to lat. 28°53′00″
Federal Aviation Administration primary airport extending upward from 1,600 N., thence east to long. 81°27′30″ W., thence
proposes to amend 14 CFR part 71 as feet MSL to and including 10,000 feet MSL south to the point of beginning.
follows: beginning at the point of intersection of long. Area G—That airspace extending upward
81°24′06″ W., and the ORL VORTAC 14-mile from 6,000 feet MSL to and including 10,000
PART 71—DESIGNATION OF CLASS A, radius arc, thence counterclockwise along the feet MSL beginning south of the primary
B, C, D, AND E AIRSPACE AREAS; AIR ORL VORTAC 14-mile radius arc to the airport at the intersection of the ORL
TRAFFIC SERVICE ROUTES; AND intersection of long. 81°10′00″ W., thence VORTAC 30-mile radius arc and long.
south to the intersection of the ORL VORTAC 81°32′00″ W., thence clockwise on the ORL
REPORTING POINTS 20-mile radius arc, thence clockwise along VORTAC 30-mile radius arc to the
1. The authority citation for part 71 the ORL VORTAC 20-mile radius arc to long. intersection of Highway 27, thence north
continues to read as follows: 81°24′06″ W., thence north to the point of along Highway 27 to the intersection of
beginning. Highway 27 and long. 81°45′00″ W., thence
Authority: 49 U.S.C. 106(g), 40103, 40113, Area D—That airspace extending upward north along long. 81°45′00″ W., to the
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– from 2,000 feet MSL to and including 10,000 intersection of the ORL VORTAC 24-mile
1963 Comp., p. 389. feet MSL beginning at a point of the radius arc, thence clockwise along the ORL
intersection of Interstate 4 and long. VORTAC 24-mile radius arc to the
§ 71.1 [Amended]
81°27′30″ W., thence north to lat. 28°41′36″ intersection of lat. 28°53′00″ N., thence east
2. The incorporation by reference in N., thence east to long. 81°10′00″ W., thence to the intersection of long. 81°32′00″ W.,
14 CFR 71.1 of the FAA Order 7400.9M, south to lat. 28°35′50″ N., thence west to the thence south to the point of beginning. Also
Airspace Designations and Reporting intersection of S.R. 434 and University Blvd., that airspace extending upward from 6,000

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Federal Register / Vol. 70, No. 151 / Monday, August 8, 2005 / Proposed Rules 45605

feet MSL to and including 10,000 feet MSL ASO FL C Sanford, FL [New] bound to the intersection of the SFB 10-mile
beginning at the Florida Power transmission Orlando Sanford International Airport radius arc, thence clockwise on the SFB 10-
lines at lat. 28°41′36″ N., long. 81°05′20″ W., (Primary Airport) mile radius arc to lat. 28°53′00″ N., thence
thence east along lat. 28°41′36″ N. to the (Lat. 28°46′40″ N., long. 81°14′15″ W.) east to the point of beginning. This Class C
Florida Power transmission lines at lat. Cedar Knoll Flying Ranch Airport (Private airspace area is effective during the specific
28°41′36″ N., long. 80°54′00″ W., thence Airport)
southeast and south along these power lines days and hours of operation of the Orlando
(Lat. 28°46′55″ N., long. 81°09′33″ W.) Sanford International Airport Tower as
to the intersection of Highway 50, thence That airspace extending upward from the
south to the power lines at lat. 28°22′14″ N., established in advance by Notice to Airmen.
surface to but not including 3,000 feet MSL
long. 80°52′30″ W., thence southwest along within a 5-mile radius of the Orlando The effective dates and times will thereafter
these power lines to the intersection of long. Sanford International Airport (SFB), be continuously published in the Airport/
81°04′40″ W., thence north along long. excluding that airspace, from the surface to Facility Directory.
81°04′40″ W., to the intersection of the Bee but not including 700 feet MSL in the
Line Expressway at lat. 28°27′00″ N., long. * * * * *
vicinity of Cedar Knoll Airport, within the
81°04′40″ W., thence east along the Bee Line area beginning at lat. 28°50′00″ N., long. Paragraph 5000 Class D Airspace.
Expressway to lat. 28°27′05″ N., long. 81°10′00″ W., thence clockwise along the
81°03′45″ W., thence north to the intersection * * * * *
SFB 5-mile radius arc to lat. 28°43′20″ N.,
of Highway 50 and the Florida Power long. 81°10′00″ W., thence north to the point ASO FL D Sanford, FL [Remove]
transmission lines at lat. 28°32′10″ N., long. of beginning; and that airspace extending
81°03′45″ W., thence north along these power upward from 1,300 feet MSL to but not
* * * * *
lines to the point of beginning. including 3,000 feet MSL within the area Issued in Washington DC, on July 29, 2005.
* * * * * beginning northeast of the primary airport at Edith V. Parish,
the SFB 10-mile radius arc and lat. 28°53′00″
Paragraph 4000 Class C Airspace. N., thence clockwise along the SFB 10-mile Acting Manager, Airspace and Rules.
* * * * * radius arc to lat 28°41′36″ N., thence west BILLING CODE 4910–13–P

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45606 Federal Register / Vol. 70, No. 151 / Monday, August 8, 2005 / Proposed Rules

EP08AU05.044</GPH>

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Federal Register / Vol. 70, No. 151 / Monday, August 8, 2005 / Proposed Rules 45607

[FR Doc. 05–15567 Filed 8–5–05; 8:45 am] This amendment to the anchorage SUMMARY: EPA is proposing to take
BILLING CODE 4910–13–C regulations for the Mississippi River direct final action approving certain
below Baton Rouge, LA, including revisions to the State Implementation
South and Southwest Passes is proposed Plan (SIP) as submitted by the Governor
DEPARTMENT OF HOMELAND to prohibit vessels that are anchored in of North Dakota with a letter dated April
SECURITY the Lower Kenner Bend Anchorage from 11, 2003. The revisions affect certain
engaging in cargo transfer operations or portions of air pollution control rules
Coast Guard exercising any shipboard equipment regarding permitting and prevention of
such as cranes and booms while at significant deterioration. In the ‘‘Rules
33 CFR Part 110 anchor. This proposed revision is and Regulations’’ section of this Federal
needed to increase safety at Kenner Register, EPA is approving the State’s
[CGD08–05–045]
Bend by reducing the potential for SIP revision as a direct final rule
RIN 1625–AA01 collision between aircraft and vessels without prior proposal because the
anchored in the Lower Kenner Bend Agency views this as a noncontroversial
Anchorage Regulations; Mississippi Anchorage. SIP revision and anticipates no adverse
River Below Baton Rouge, LA, comments. A detailed rationale for the
Including South and Southwest Passes Discussion of Issues
approval is set forth in the preamble to
AGENCY: Coast Guard, DHS. The Coast Guard received three the direct final rule. If EPA receives no
negative comments to the NPRM for adverse comments, EPA will not take
ACTION: Notice of meeting.
Kenner Bend Anchorage from the further action on this proposed rule. If
SUMMARY: The United States Coast Maritime Navigation Safety Association EPA receives adverse comments, EPA
Guard will meet to discuss the (MNSA), the Steamship Association of will withdraw the direct final rule and
comments received relating to the Louisiana (SALA), and the New Orleans it will not take effect. EPA will address
Notice of Proposed Rulemaking (NPRM) and Baton Rouge Port (NOBRA) Pilots. all public comments in a subsequent
for Kenner Bend Anchorage as All three organizations contend that the final rule based on this proposed rule.
published in the Federal Register on complete prohibition against using EPA will not institute a second
Wednesday April 27, 2005. cargo-handling equipment is excessive, comment period on this action. Any
DATES: The meeting will be held on and argue that some operations should parties interested in commenting must
Tuesday, September 13, 2005, from 9 be allowed while at anchor. To better do so at this time. Please note that if
a.m. to 12 p.m. This meeting may express their concerns, all parties EPA receives adverse comment on an
adjourn early if all business is finished. requested a public meeting be held. This amendment, paragraph, or section of
meeting is open to the public. Please this rule and if that provision may be
ADDRESSES: The meeting will be held in
note that the meeting may close early if severed from the remainder of the rule,
the Basement Conference Room at the
all business is finished. EPA may adopt as final those provisions
Hale Boggs Federal Building, 500
Poydras Street, New Orleans, Louisiana. Information on Services for Individuals of the rule that are not the subject of an
This notice is available on the Internet With Disabilities adverse comment.
at http://dms.dot.gov. DATES: Written comments must be
For information on facilities or
FOR FURTHER INFORMATION CONTACT: services for individuals with received on or before September 7,
Lieutenant Junior Grade (LTJG) Melissa disabilities, or to request special 2005.
Owens, Waterways Management assistance at the meetings, contact ADDRESSES: Submit your comments,
Division, telephone (504) 589–6196 Lieutenant Junior Grade (LTJG) Melissa identified by Docket ID No. R08-OAR–
extension 396, fax (504) 589–4216. Owens at the above phone numbers as 2005-ND–0001, by one of the following
Background soon as possible. methods:
Dated: July 26, 2005.
• Federal eRulemaking Portal: http://
Runway 1–19 at the Louis Armstrong www.regulations.gov. Follow the on-line
New Orleans International Airport is R. F. Duncan,
instructions for submitting comments.
positioned in a north-south line running Rear Admiral, U.S. Coast Guard, Commander, • Agency Web site: http://
parallel to the Airport Access Road. Eighth Coast Guard District.
docket.epa.gov/rmepub/index.jsp.
Aircraft approaching the runway from [FR Doc. 05–15566 Filed 8–5–05; 8:45 am] Regional Materials in EDOCKET (RME),
the south or departing the runway from BILLING CODE 4910–15–P
EPA’s electronic public docket and
the north pass over the Lower Kenner comment system for regional actions, is
Bend Anchorage. Due to the close EPA’s preferred method for receiving
proximity of Runway 1–19 to Kenner ENVIRONMENTAL PROTECTION comments. Follow the on-line
Bend, aircraft occasionally descend and AGENCY instructions for submitting comments.
ascend directly over vessels anchored in E-mail: long.richard@epa.gov and
the Lower Kenner Bend Anchorage, 40 CFR Part 52 platt.amy@epa.gov.
creating a potentially dangerous [RME Docket Number R08–OAR–2005–ND– Fax: (303) 312–6064 (please alert the
situation that is of particular concern 0001; FRL–7942–3] individual listed in the FOR FURTHER
during periods of reduced visibility. INFORMATION CONTACT if you are faxing
Aircraft approaching the runway from Clean Air Act Approval and comments).
the south follow a descending glide Promulgation of Air Quality Mail: Richard R. Long, Director, Air
slope path with a minimum height of Implementation Plan Revision for and Radiation Program, Environmental
311 feet above mean sea level over the North Dakota; Revisions to the Air Protection Agency (EPA), Region 8,
Kenner Bend Anchorage. Certain vessels Pollution Control Rules Mailcode 8P-AR, 999 18th Street, Suite
with cargo handling equipment such as AGENCY: Environmental Protection 300, Denver, Colorado 80202–2466.
cranes and boom are capable of Agency (EPA). Hand Delivery: Richard R. Long,
extending equipment to a height Director, Air and Radiation Program,
ACTION: Proposed rule.
upwards of 300 feet above the waterline. Environmental Protection Agency

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