[Federal Register Volume 89, Number 97 (Friday, May 17, 2024)]
[Rules and Regulations]
[Pages 43305-43309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10612]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 89, No. 97 / Friday, May 17, 2024 / Rules and
Regulations
[[Page 43305]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2023-1021; Airspace Docket No. 22-AWA-6]
RIN 2120-AA66
Establishment of Class C Airspace and Removal of Class D
Airspace; Harrisburg International Airport, PA
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action establishes Class C airspace and removes Class D
airspace at the Harrisburg International Airport (MDT), PA. The Class C
airspace created is larger than the existing Class D airspace at MDT
and is described as areas A through F. In addition, the non-regulatory
Terminal Radar Service Area (TRSA) is removed. The FAA is taking this
action to enhance the efficient management of air traffic operations
and reduce the potential for midair collision in the MDT terminal area.
DATES: Effective date 0901 UTC, July 11, 2024. 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 7400.11 and
publication of conforming amendments.
ADDRESSES: A copy of the 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. An electronic copy of this document may also be
downloaded from the Office of the Federal Register's website at
www.federalregister.gov.
FAA Order JO 7400.11H, 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: Brian Vidis, 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 modifies terminal airspace as required to preserve the
safe and efficient flow of air traffic in the Harrisburg, PA, area.
History
The FAA published a notice of proposed rulemaking for Docket No.
FAA-2023-1021 in the Federal Register (88 FR 54503; August 11, 2023)
proposing to establish Class C airspace area surrounding MDT.
Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal. Four comments
were received.
Discussion of Comments
The FAA received anonymous comments supporting the establishment of
the Harrisburg Class C airspace. Discussion of the other comments
follows.
One commenter supported the establishment of the Harrisburg Class C
airspace. This comment also thanked the FAA for its efforts to ensure
that the Class C rulemaking did not affect Capital City Airport (CXY),
PA operations, notably the Runway 12/30 traffic pattern and CXY
Instrument Landing System (ILS) runway 8 approach, for aircraft that do
not meet Class C equipment requirements. This commenter also suggested
revising the CXY Class E airspace descriptions in FAA Order JO 7400.11
due to an apparent error.
In response to the comment associated with operations at CXY, the
FAA received neither comments nor proposals that would further restrict
operations at CXY. Additionally, the FAA did not consider any amendment
to the Class C airspace design as proposed in the NPRM. Further, the
remainder of the comment is beyond the scope of this rulemaking, noting
that the FAA proposed changes to the CXY Class D and Class E airspace
via a separate action.\1\
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\1\ Amendment of Class D Airspace, Revocation of Class D
Airspace, and Amendment of Class E Airspace, Harrisburg, PA, (88 FR
54956; August 14, 2023).
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The last comment was received from Boeing, which identified a
possible typographical error in the geographic point ``lat.
40[deg]14'12'' N, long. 077[deg]56'05'' W'' listed in Area E of the
Harrisburg Class C airspace description. The commenter indicated that
this point would not create Area E as depicted in the graphic and
believed that the geographic point should have been ``lat.
40[deg]14'12'' N, long. 076[deg]56'05'' W''. The FAA reviewed the
geographic coordinates in the proposed description of Area E and found
that the geographic point published as ``lat. 40[deg]14'12'' N, long.
077[deg]56'05'' W'' was in error and the correct geographic coordinates
are ``lat. 40[deg]14'12'' N, long. 076[deg]56'05'' W''. The graphic in
the NPRM used the correct geographic coordinates for Area E and
correctly depicted the intended layout of the Harrisburg Class C
airspace.
Differences From the NPRM
Subsequent to publication of the NPRM, a commenter pointed out a
typographical error in a geographic coordinate in Area E of the
Harrisburg Class C airspace description. In Area E, the geographic
point published as ``lat. 40[deg]14'12'' N, long. 077[deg]56'05'' W''
was in error and the correct geographic coordinates are ``lat.
40[deg]14'12'' N, long. 076[deg]56'05'' W''. The geographic point in
Area E is changed from ``lat. 40[deg]14'12''
[[Page 43306]]
N, long. 077[deg]56'05'' W'' to ``lat. 40[deg]14'12'' N, long.
076[deg]56'05'' W''.
Additionally, the FAA identified three boundary points that must be
added to Area D of the Harrisburg Class C airspace description. These
three additional boundary points are necessary to ensure that the
boundary of Area D aligns with the boundaries of adjacent Area C and
Area E. Adding these boundary points does not modify the external
boundary of the Class C airspace but rather ensures that the internal
boundaries of the airspace are coincident. The three boundary points
that are added to Area D are lat. 40[deg]12'37'' N, long.
076[deg]49'12'' W; lat. 40[deg]14'13'' N, long. 076[deg]53'23'' W; lat.
40[deg]14'12'' N, long. 076[deg]56'05'' W. This final rule corrects
these errors.
Incorporation by Reference
Class C airspace designations are published in paragraph 4000 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
7400.11H, dated August 11, 2023, and effective September 15, 2023. FAA
Order JO 7400.11H is publicly available as listed in the ADDRESSES
section of this document. This amendment will be published in the next
update to FAA Order JO 7400.11.
FAA Order JO 7400.11H 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 C airspace
and removing the existing Class D airspace area at the Harrisburg
International Airport (MDT), PA. The latitude/longitude coordinates for
the MDT and CXY airport reference points (ARP) are updated to reflect
the current Airport Master Records data. Also, the existing MDT TRSA is
removed and replaced by the Class C airspace area. The FAA is taking
this action to enhance the safe and efficient use of airspace and
reduce the risk of midair collision in the MDT terminal area (see the
attached chart).
The MDT Class C airspace area consists of six sub-areas identified
by the letters A through F, described as follows:
Area A: Area A extends from the surface up to 4,400 feet mean sea
level (MSL) within a 5 nautical mile (NM) radius of MDT, except for
that portion described as Area E, below, and excluding that area within
a 1.5 NM radius of CXY, northeast of the airport. Area A replaces the
existing Class D airspace at MDT.
Area B: Area B extends from 1,600 feet MSL up to 4,400 feet MSL. It
consists of that airspace within 3.5 miles either side of the 117[deg]
bearing from MDT, between the 5-mile and 10-mile radii from MDT.
Area C: Area C extends from 1,600 feet MSL up to 4,400 feet MSL. It
is located northwest of MDT between the 5-mile and 10-mile radii of MDT
and bounded on the south side by Area E. Area C overlies a portion of
the CXY Class D airspace area.
Area D: Area D extends from 2,100 feet MSL up to 4,400 feet MSL.
Area D is bounded as follows: on the northwest end by the 15-mile
radius of MDT northwest of MDT; on the northeast side by a line
extending from the intersection of the 15-mile radius of MDT and the
MDT's 325[deg] bearing, direct to the intersection of MDT's 089[deg]
bearing and the 15-mile radius of MDT southeast of MDT; and on the
southwest side, by a line extending from lat. 40[deg]01'45'' N, long.
076[deg]40'43'' W, to lat. 40[deg]05'32'' N, long. 076[deg]50'21'' W,
excluding the airspace contained in Areas A, B, C, E, and F. Area D's
2,100-foot floor creates a shelf in the vicinity of Donegal Springs
Airpark (N71), allowing for operations beneath the Class C airspace.
Area E: Area E extends from 2,600 feet MSL up to 4,400 feet MSL
south and west of CXY. Area E overlays part of the CXY Class D airspace
area to the south and west of CXY. Area E allows aircraft to operate to
and from CXY without the need for pilots to enter Class C airspace.
Area F: Area F extends from 2,600 feet MSL up to 4,400 feet MSL.
The Area F floor creates a shelf below which pilots could fly
instrument approaches to Lancaster Airport (LNS) runway 08, without
having to enter Class C airspace.
Full descriptions of the MDT Class C subareas are listed in the
amendments to part 71 below.
Regulatory Notices and Analyses
The FAA considers the 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 $183 million using the most current (2023) Implicit
Price Deflator for the Gross Domestic Product. This portion of the
preamble presents 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)(1) of Executive Order
12866 as amended by Executive Order 14094; 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 the private sector.
This final rule amends 14 CFR part 71 by establishing Class C
airspace and removing the existing Class D airspace area at the MDT,
PA. In addition, the non-regulatory TRSA is removed. The rule will
affect pilots desiring to fly at their current altitudes in and above
the Class C airspace. The existing Sec. 91.225 requires all planes to
operate in Class C airspace to be equipped with Automatic Dependent
Surveillance-Broadcast (ADS-B) Out equipment. Given that there is no
Class C airspace at MDT, all planes that fly in and out of MDT must be
equipped with ADS-B Out equipment in this airspace once the final rule
goes into effect. However, the nearby Capital City Airport is about
four miles from MDT and is not part of Class C airspace. The Capital
City Airport could accommodate planes without ADS-B Out equipment.
This rule affects pilots because two-way radio communications must
be established prior to entering Class C airspace. Pilots who wish to
fly without communicating with air traffic control will need to modify
their altitude and/or route of flight by either flying above the
ceiling, below the shelves, or circumnavigating the Class C airspace.
The impact of the final rule will only involve a minimal amount of time
to communicate with the air traffic control (ATC). Therefore, the final
rule does not have a significant impact on the
[[Page 43307]]
industry. The FAA is taking this action to reduce the risk of midair
collisions and enhance the efficient management of air traffic
operations in the Harrisburg terminal area.
Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA)
establishes ``as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objectives of the rule and 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 it will, it 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.
This final rule amends 14 CFR part 71 by establishing Class C
airspace and removing the existing Class D airspace area at MDT. In
addition, the non-regulatory TRSA is removed. The FAA is taking this
action to reduce the risk of midair collisions and enhance the
efficient management of air traffic operations at the MDT. The change
affects general aviation operators using Class C airspace. The impact
of the final rule will only involve a minimal amount of time for pilots
to communicate with the ATC in Class C airspace. The objectives of
these changes are to enhance safety and enable more efficient
operations at the MDT without being burdensome to the industry.
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 United States 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 impact of this final
rule and determined that it will 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 $183 million or more by State, local, or tribal
governments, in the aggregate, or the private sector, in any 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
this final rule has no new information collection requirement.
Environmental Review
The FAA has determined that this action of establishing Class C
airspace and removing Class D airspace at the Harrisburg International
Airport (MDT), PA 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
7400.11H, Airspace Designations and Reporting Points, dated August 11,
2023, and effective September 15, 2023, is amended as follows:
Paragraph 4000 Class C Airspace.
* * * * *
AEA PA C Harrisburg, PA [New]
Harrisburg International Airport, PA
(Lat. 40[deg]11'35'' N, long. 076[deg]45'45'' W)
Capital City Airport, PA
(Lat. 40[deg]13'02'' N, long. 076[deg]51'05'' W)
Boundaries
Area A. That airspace extending upward from the surface to and
including 4,400 feet MSL bounded by a line beginning at lat.
40[deg]12'23'' N, long. 076[deg]48'37'' W; thence direct to the
intersection of the Capital City
[[Page 43308]]
Airport's 106[deg] bearing and 1.5-mile radius, thence
counterclockwise along the Capital City Airport's 1.5-mile radius to
the Harrisburg International Airport's 5-mile radius, thence
clockwise along the Harrisburg International Airport's 5-mile radius
to the intersection of the 5-mile radius and a line bearing 191[deg]
from a point at lat. 40[deg]12'23'' N, long. 076[deg]48'37'' W;
thence direct to the point of beginning.
Area B. That airspace extending upward from 1,600 feet MSL to
and including 4,400 feet MSL extending from the Harrisburg
International Airport's 5-mile radius, and within 3.5 miles each
side of the Harrisburg International Airport's 117[deg] bearing to
the Harrisburg International Airport's 10-mile radius southeast of
the Harrisburg International Airport.
Area C. That airspace extending upward from 1,600 feet MSL to
and including 4,400 feet MSL bounded by a line beginning at the
intersection of the Capital City Airport's 106[deg] bearing and 1.5-
mile radius direct to lat. 40[deg]14'13'' N, long. 076[deg]53'23''
W, direct to lat. 40[deg]14'12'' N, long. 076[deg]56'05'' W; thence
direct to lat. 40[deg]14'12'' N, long. 076[deg]58'22'' W; thence
clockwise along the Harrisburg International Airport's 10-mile
radius to lat. 40[deg]18'58'' N, long. 076[deg]54'35'' W; thence
direct to the Harrisburg International Airport's 341[deg] bearing
and the Harrisburg International Airport's 5-mile radius, thence
counterclockwise along the Harrisburg International Airport's 5-mile
radius to the intersection of the Capital City Airport's 1.5-mile
radius, thence clockwise along the Capital City Airport's 1.5-mile
radius to the point of beginning.
Area D. That airspace extending upward from 2,100 feet MSL to
and including 4,400 feet MSL, within an area bounded by a line
beginning at lat. 40[deg]14'12'' N, long 076[deg]58'22'' W; thence
direct to lat. 40[deg]14'11'' N, long. 077[deg]05'03'' W; thence
clockwise along the Harrisburg International Airport's 15-mile
radius to the intersection of the Harrisburg International Airport's
325[deg] bearing; thence direct to the intersection of Harrisburg
International Airport's 089[deg] bearing and the Harrisburg
International Airport's 15-mile radius, thence clockwise along the
airport's 15-mile radius to the intersection of the Harrisburg
International Airport's 113[deg] bearing; thence direct to lat.
40[deg]01'45'' N, long. 076[deg]40'43'' W; thence direct to lat.
40[deg]05'32'' N, long. 076[deg]50'21'' W; thence direct to lat.
40[deg]12'23'' N, long. 076[deg]48'37'' W; thence direct to lat.
40[deg]12'37'' N, long. 076[deg]49'12'' W; thence direct to lat.
40[deg]14'13'' N, long. 076[deg]53'23'' W; thence direct to lat.
40[deg]14'12'' N, long. 076[deg]56'05'' W; thence to the point of
beginning; excluding that airspace contained in Areas A, B, and C.
Area E. That airspace extending upward from 2,600 feet MSL to
and including 4,400 feet MSL bounded by a line beginning at lat.
40[deg]12'23'' N, long. 076[deg]48'37'' W; thence direct to lat.
40[deg]05'32'' N, long. 076[deg]50'21'' W; thence direct to the
Harrisburg International Airport's 269[deg] bearing and Harrisburg
International Airport's 15-mile radius, thence clockwise along the
Harrisburg International Airport's 15-mile radius to lat.
40[deg]14'11'' N, long. 077[deg]05'03'' W; thence direct to lat.
40[deg]14'12'' N, long. 076[deg]58'22'' W; thence direct to lat.
40[deg]14'12'' N, long. 076[deg]56'05'' W; thence direct to lat.
40[deg]14'13'' N, long. 076[deg]53'23'' W; thence direct to lat.
40[deg]12'37'' N, long. 076[deg]49'12'' W; thence direct to the
point of beginning.
Area F. That airspace extending upward from 2,600 feet MSL to
and including 4,400 feet MSL bounded by a line beginning at the
intersection of the Harrisburg International Airport's 113[deg]
bearing and the airport's 15-mile radius; thence clockwise along the
Harrisburg International Airport's 15-mile radius to the
intersection of the airports 145[deg] bearing and the airport's 15-
mile radius; thence direct to lat. 40[deg]01'45'' N, long.
076[deg]40'43'' W; thence direct to the point of beginning.
* * * * *
Paragraph 5000 Class D Airspace
* * * * *
AEA PA D Harrisburg International Airport, PA [Removed]
* * * * *
[GRAPHIC] [TIFF OMITTED] TR17MY24.028
[[Page 43309]]
Issued in Washington, DC, on May 9, 2024.
Frank Lias,
Manager, Rules and Regulations Group.
[FR Doc. 2024-10612 Filed 5-16-24; 8:45 am]
BILLING CODE 4910-13-P