Special Air Traffic Rules in the Vicinity of Los Angeles International Airport
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[Federal Register: July 10, 2003 (Volume 68, Number 132)]
[Rules and Regulations]
[Page 41211-41214]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10jy03-18]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 91 and 93
[Docket No. FAA-2002-14149; SFAR No. 101]
RIN 2120--AH92
Special Air Traffic Rules in the Vicinity of Los Angeles
International Airport
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: In this action, the FAA revises and codifies Special Federal
Aviation Regulation (SFAR) No. 51-1, Special Flight Rules in the
Vicinity of the Los Angeles International Airport. Specifically, this
action changes the northern boundary of the Los Angeles Special Flight
Rules Area (SFRA), established by SFAR No. 51-1, to align the area with
the Los Angeles Class B airspace area revisions adopted in 1997. Also,
this action revises the description of the SFRA airspace to clarify the
requirement to operate at fixed altitudes. The FAA is taking this
action to reduce the potential for climb/descent conflicts, to ensure
compatibility with current traffic flows, and to increase overall
system efficiency and safety.
DATES: This SFAR is effective December 25, 2003, and shall remain in
effect until further notice.
FOR FURTHER INFORMATION CONTACT: Ken McElroy, Airspace and Rules
Division, ATA-400, Office of Air Traffic Airspace Management, Federal
Aviation Administration, 800 Independence Avenue SW, Washington, DC
20591; telephone (202) 267-8783.
SUPPLEMENTARY INFORMATION:
Availability of Rulemaking Documents
You can get an electronic copy of this document using the Internet
by:
(1) Using the docket number of this rulemaking action to search the
Department of Transportation's electronic Docket Management System
(DMS) Web page (http://dms.dot.gov/search);
(2) Visiting the Office of Rulemaking's Web page at
http://www.faa.gov/avr/arm/index.cfm;
or
(3) Accessing the Government Printing Office's web page at
http://www.gpoaccess.gov/fr/index.html.
You can also get a copy by submitting a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW., Washington, DC 20591, or by calling (202) 267-9680. Make
sure to identify the amendment number or docket number of this
rulemaking.
Anyone can search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review DOT's complete Privacy Act
statement in the Federal Register published on April 11, 2000 (Volume
65, Number 70; Pages 19477-78) or you may visit http://dms.dot.gov.
Small Business Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires FAA to comply with small entity requests for information
or advice about compliance with statutes and regulations within its
jurisdiction. Therefore, any small entity that has a question regarding
this document may contact its local FAA official, or the person listed
under FOR FURTHER INFORMATION CONTACT. You can find out more about
SBREFA on the Internet at, or by e-mailing us at 9-AWA-SBREFA@faa.gov.
Background/Related Rulemaking
The FAA issued SFAR No. 51-1, in February, 1988 to provide visual
flight rule (VFR) pilots with a safe and direct north/south route
through the Los Angeles (LAX) Terminal Control Area (TCA).
Specifically, SFAR No. 51-1 allows pilots operating under VFR to fly
through the Special Flight Rules Area (SFRA) without contacting air
traffic control personnel provided specific conditions are met. The
conditions include use of certain equipment and lights, operating below
a maximum airspeed, and flying at fixed altitudes.
In 1993, the FAA reclassified airspace terminology and replaced the
term TCA with Class B Airspace Area (56 FR 65638, December 17, 1991).
In 1997, the FAA implemented modifications to the Los Angeles Class B
airspace area. However, this action did not re-define the SFAR No. 51-1
airspace area (61 FR 66902, December 19, 1996).
On December 31, 2002, the FAA published in the Federal Register a
notice of proposed rulemaking (NPRM) to codify SFAR No. 51-1, Special
Flight Rules in the Vicinity of the Los Angeles International Airport.
The proposed action would change the northern boundary of the Los
Angeles SFRA, established by SFAR No. 51-1, and align the area with the
Los Angeles Class B airspace area revisions adopted in 1997. The
proposed action also revises the description of the SFRA airspace to
make the requirement to operate at fixed altitudes clearer. The FAA
proposed this action to reduce the potential for climb/descent
conflicts, to ensure compatibility with current traffic flows, and to
increase overall system efficiency and safety.
Interested parties were invited to participate in this rulemaking
effort by submitting written communication on the proposal. The comment
period for this action closed on February 14, 2003. The FAA received
nine comments that are discussed below.
Discussion of Comments
One commenter responding to the NPRM requested that the FAA clarify
the changes proposed. The commenter also questioned whether the
northern boundary of the airspace was being moved further from LAX.
Finally, the commenter stated that the constant altitude requirement is
already understood and did not need any further clarification.
As discussed in the NPRM, one purpose of this rulemaking action is
to re-align the northern boundary of the SFAR No. 51-1 area to coincide
with the Los Angeles Class B airspace area revision that was
implemented in 1997. As a result of the 1997 Class B airspace
rulemaking action, the northern boundary of the Class B airspace area
was moved south, closer to LAX. However, no similar action was taken to
redefine the SFAR 51-1 area. This rulemaking action corrects that
discrepancy and moves the SFAR area boundary south closer to LAX,
realigning with the northern boundary of the Class B airspace area.
This boundary move provides additional Class E airspace for VFR
aircraft operations north of the SFAR area. Regarding the constant
altitude requirement, the FAA biennial study of the LAX Class B
operations concluded that the regulatory language description of the
SFAR should be revised. The study revealed the SFAR language could be
misunderstood by pilots to imply that they could climb or descend while
in the area because it used the words ``inclusive'' and ``between''
when describing the boundaries. Removing the words ``inclusive'' and
``between'' does not change the current operating procedures within the
LAX SFAR area.
The FAA received five comments from individuals concerning the
single VOR radial that pilots must fly and a perceived lateral width
reduction of the airspace. The commenters would like the guidance
provided in the Los Angeles Terminal Area chart included
[[Page 41213]]
in the regulation. This guidance allows pilots to fly in the airspace
between the 405 Freeway and the shoreline.
The FAA disagrees. This action amends the northern boundary of the
SFAR 51-1 area to coincide with the current Class B airspace area
boundary; clarifies the requirement for pilots to operate at fixed
altitudes within the area; and codifies the current procedures in SFAR
51-1 as a Special Air Traffic Rule in part 93. This action does not
change the procedures or operating requirements, such as the
requirement to operate on the Santa Monica 132[deg]
radial, as
currently described in SFAR 51-1, or the guidance provided by the
Terminal Area Chart. Additionally, the visual ground reference points
remain unchanged and there is no lateral width reduction of the route.
Another commenter recommended the current LAX SFRA be converted to
a VFR corridor identical to the San Diego VFR corridor. The commenter
preferred a VFR corridor because a squawk (discreet altitude encoding
transponder code) change to 1201 would not be necessary; aircraft would
not be required to navigate on the same radial (instead could spread
out within the corridor); and this corridor would standardize
procedures since San Diego and LAX share the same ATC facility, So Cal
approach.
The FAA disagrees. The SFAR requires pilots to adhere to specific
flight requirements that would not be required in a VFR corridor. We
cannot over emphasize that the flight procedures for the SFAR 51-1 are
necessary to achieve a greater degree of safety given the high
concentration of aircraft operations near LAX.
Comments received from the LAX Community Noise Roundtable, as well
as the Aircraft Owners and Pilots Association, strongly support the
FAA's efforts detailed in the NPRM.
Analysis of the Final Rule
This action adds a new Subpart G of title 14 of the Code of Federal
Regulations (14 CFR part 93) to codify current special flight rules for
certain aircraft operating under visual flight rules in that airspace
of the Los Angeles Class B airspace area designated as the Los Angeles
Special Flight Rules Area. This rule also removes SFAR No. 51-1 from 14
CFR part 91.
The new 14 CFR part 93 subpart G will contain the revised boundary
of the Los Angeles SFRA, aligning the boundary with the 1997 Class B
airspace revisions. The action will also designate fixed altitudes for
aircraft operating in the SFRA to reduce the potential for climb/
descent conflicts.
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 are no current or new information collection requirements
associated with this rule.
International Compatibility
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to comply with
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA has
determined that there are no ICAO Standards and Recommended Practices
that correspond to these regulations.
Economic Evaluation
Executive Order 12866, Regulatory Planning and Review, directs the
FAA to assess both the costs and benefits of a regulatory change. The
FAA is not allowed to propose or adopt a regulation unless we make a
reasoned determination that the benefits of the intended regulation
justify the costs. Our assessment of this rulemaking indicates that its
economic impact is minimal. Because the costs and benefits of this
action do not make it a ``significant regulatory action'' as defined in
the Order, the FAA has not prepared a ``regulatory evaluation,'' which
is the written cost/benefit analysis ordinarily required for all
rulemaking under the DOT Regulatory Policies and Procedures. The FAA
does not need to do a full evaluation where the economic impact of a
rule is minimal. This rule codifies current flight restrictions for
aircraft operating under VFR in the vicinity of Los Angeles
International Airport, California. This action also revises the
boundary of the LAX SFRA to align with Los Angeles Class B airspace
area revisions adopted in 1997. It also revises the description of
airspace area to clarify the fixed altitudes for aircraft operating in
the SFRA and reduces the potential climb/descent conflicts.
The FAA determined that this rule does not result in incremental
costs to persons operating under VFR in the LAX Class B airspace area.
This assessment is based on the fact that this rule revises and
codifies existing special flight rules. These rules are already
applicable to flight operations in the LAX Area. The rule aligns the
LAX SFRA boundaries with the LAX Class B airspace area and insures that
climb/descent conflicts are eliminated in the SFRA. Therefore, the FAA
determined this rule would be cost-beneficial.
Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (RFA) directs the FAA to fit
regulatory requirements to the scale of the business, organizations,
and governmental jurisdictions subject to the regulation. The FAA is
required to determine whether a proposed or final action will have a
``significant economic impact on a substantial number of small
entities'' as they are defined in the Act. If the FAA finds that the
action will have a significant impact, we must do a ``regulatory
flexibility analysis.''
In view of the no cost impact of this rule, we have determined that
this rule will not have a significant economic impact. Therefore, the
FAA certifies that this action will not have a significant economic
impact on a substantial number of small entities.
Trade Impact Assessment
The Trade Agreement Act of 1979 prohibits Federal agencies from
establishing any standards or engaging in related activities that
create unnecessary obstacles to the foreign commerce of the United
States. Legitimate domestic objectives, such as safety, are not
considered unnecessary obstacles. The statute also requires
consideration of international standards and, where appropriate, that
they be the basis for U.S. standards. In accordance with the above
statute, the FAA has assessed the potential effect of this rule and has
determined that it would have only a domestic impact and therefore
create no obstacles to the foreign commerce of the United States.
Unfunded Mandates Assessment
The Unfunded Mandates Reform Act of 1995 (the Act) is intended,
among other things, to curb the practice of imposing unfunded Federal
mandates on State, local, and tribal governments. Title II of the Act
requires each Federal agency to prepare a written statement assessing
the effects of any Federal mandate in a proposed or final agency rule
that may result in an expenditure of $100 million or more (adjusted
annually for inflation) in any one year by State, local, and tribal
governments, in the aggregate, or by the private sector; such a mandate
is deemed to be a ``significant regulatory action.''
This final rule does not contain such a mandate. The requirements
of Title II of the Act, therefore, do not apply.
[[Page 41214]]
Executive Order 3132, Federalism
The FAA has analyzed this final rule under the principles and
criteria of Executive Order 13132, Federalism. The FAA has determined
that this action will not have a substantial direct effect on the
States, or the relationship between the national Government and the
States, or on the distribution of power and responsibilities among the
various levels of government, and therefore does not have federalism
implications.
Plain Language
In response to the June 1, 1998 Presidential Memorandum regarding
the use of plain language, we re-examined the writing style currently
used in the development of regulations. The memorandum requires federal
agencies to communicate clearly with the public. The FAA is interested
in your comments on whether the style of this document is clear, and in
any other suggestions you might have to improve the clarity of FAA
communications that affect you. You can get more information about the
Presidential memorandum and the plain language initiative at
http:www.plainlanguage.gov.
Environmental Analysis
FAA Order 1050.1 defines FAA actions that may be categorically
excluded from preparation of a National Environmental Policy Act (NEPA)
environmental impact statement. In accordance with FAA Order 1050.1,
this rulemaking action qualifies for a categorical exclusion.
Energy Impact
The energy impact of the rule,m has been assessed in accordance
with the Energy Policy and Conservation Act (EPCA) Pub. L. 94-163, as
amended (42 U.S.C. 6362) and FAA Order 1053.1. It has been determined
that the final rule is not a major regulatory action under the
provisions of the EPCA.
List of Subjects
14 CFR Part 91
Afghanistan, Agriculture, Air traffic control, Aircraft, Airmen,
Airports, Aviation safety, Canada, Cuba, Ethiopia, Freight, Mexico,
Noise control, Political candidates, Reporting and recordkeeping
requirements, Yugoslavia.
14 CFR Part 93
Air traffic control, Airports, Alaska, Navigation (air), Reporting
and recordkeeping requirements.
The Amendment
? In consideration of the foregoing, the Federal Aviation Administration
amends 14 CFR parts 91 and 93:
PART 91--GENERAL OPERATING AND FLIGHT RULES
? 1. The authority citation for part 91 continues to read as follows:
Authority: 49 U.S.C. 106(g), 1155, 40103, 40113, 40120, 44101,
44111, 44701, 44709, 44711, 44712, 44715, 44716, 44717, 44722,
46306, 46315, 46316, 46504, 46506-46507, 47122, 47508, 47528-47531,
articles 12 and 29 of the Convention on International Civil Aviation
(61 stat. 1180).
? 2. Remove Special Federal Aviation Regulation No. 51-1 [SFAR]
SFAR No. 51-1--[Removed]
PART 93--SPECIAL AIR TRAFFIC RULES AND AIRPORT TRAFFIC PATTERNS
? 3. The authority citation for part 93 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40103, 40106, 40109, 40113, 44502,
44514, 44701, 44719, 46301.
? 4. Add subpart G to part 93 to read as follows:
Subpart G--Special Flight Rules in the Vicinity of Los Angeles
International Airport
Sec.
93.91 Applicability.
93.93 Description of area.
93.95 General operating procedures.
93.97 Operations in the SFRA.
Sec. 93.91 Applicability.
This subpart prescribes special air traffic rules for aircraft
conducting VFR operations in the Los Angeles, California Special Flight
Rules Area.
Sec. 93.93 Description of area.
The Los Angeles Special Flight Rules Area is designated as that
part of Area A of the Los Angeles Class B airspace area at 3,500 feet
above mean sea level (MSL) and at 4,500 feet MSL, beginning at Ballona
Creek/Pacific Ocean (lat. 33[deg]57'42'' N, long. 118[deg]27'23'' W),
then eastbound along Manchester Blvd. to the intersection of
Manchester/405 Freeway (lat. 33[deg]57'42'' N, long. 118[deg]22'10''
W), then southbound along the 405 Freeway to the intersection of the
405 Freeway/lmperial Highway (lat. 33[deg]55'51'' N, long. 118[deg]
22'06'' W), then westbound along Imperial Highway to the intersection
of Imperial Highway/Pacific Ocean (lat. 33[deg]55'51'' N, long.
118[deg]26'05'' W), then northbound along the shoreline to the point of
beginning.
Sec. 93.95 General operating procedures.
Unless otherwise authorized by the Administrator, no person may
operate an aircraft in the airspace described in Sec. 93.93 unless the
operation is conducted in accordance with the following procedures:
(a) The flight must be conducted under VFR and only when operation
may be conducted in compliance with Sec. 91.155(a) of this chapter.
(b) The aircraft must be equipped as specified in Sec. 91.215(b)
of this chapter replying on code 1201 prior to entering and while
operating in this area.
(c) The pilot shall have a current Los Angeles Terminal Area Chart
in the aircraft.
(d) The pilot shall operate on the Santa Monica very high frequency
omni-directional radio range (VOR) 132[deg]
radial.
(e) Aircraft navigating in a southeasterly direction shall be in
level flight at 3,500 feet MSL.
(f) Aircraft navigating in a northwesterly direction shall be in
level flight at 4,500 feet MSL.
(g) Indicated airspeed shall not exceed 140 knots.
(h) Anti-collision lights and aircraft position/navigation lights
shall be on. Use of landing lights is recommended.
(i) Turbojet aircraft are prohibited from VFR operations in this
area.
Sec. 93.97 Operations in the SFRA.
Notwithstanding the provisions of Sec. 91.131(a) of this chapter,
an air traffic control authorization is not required in the Los Angeles
Special Flight Rules Area for operations in compliance with Sec.
93.95. All other provisions of Sec. 91.131 of this chapter apply to
operations in the Los Angeles Special Flight Rules Area.
Issued in Washington, DC, on July 3, 2003.
Marion C. Blakely,
Administrator.
[FR Doc. 03-17460 Filed 7-9-03; 8:45 am]
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