80 FR 60310 - Pearson Field Airport Special Flight Rules Area

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 80, Issue 193 (October 6, 2015)

Page Range		60310-60314
FR Document		2015-25344

The FAA is proposing to establish a Special Flight Rules Area in the vicinity of Pearson Field Airport, Vancouver, Washington. Pearson Field Airport is located approximately three nautical miles northwest of Portland International Airport, Portland, Oregon. The close proximity of the airport traffic patterns and approach courses create converging flight paths between traffic on approach to Portland International Airport and traffic at Pearson Field Airport, increasing the risk for near mid-air collision, mid-air collision and wake turbulence events. The intended effect of this action is to mitigate the identified risk by establishing operating requirements applicable to all aircraft when operating within a designated area at Pearson Field Airport, which would increase overall system efficiency and safety.

Federal Register, Volume 80 Issue 193 (Tuesday, October 6, 2015)

[Federal Register Volume 80, Number 193 (Tuesday, October 6, 2015)]
[Proposed Rules]
[Pages 60310-60314]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-25344]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 93

[Docket No.: FAA-2015-3980; Notice No. 15-09]
RIN 2120-AK74

Pearson Field Airport Special Flight Rules Area

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The FAA is proposing to establish a Special Flight Rules Area
in the vicinity of Pearson Field Airport, Vancouver, Washington.
Pearson Field Airport is located approximately three nautical miles
northwest of Portland International Airport, Portland, Oregon. The
close proximity of the airport traffic patterns and approach courses
create converging flight paths between traffic on approach to Portland
International Airport and traffic at Pearson Field Airport, increasing
the risk for near mid-air collision, mid-air collision and wake
turbulence events. The intended effect of this action is to mitigate
the identified risk by establishing operating requirements applicable
to all aircraft when operating within a designated area at Pearson
Field Airport, which would increase overall system efficiency and
safety.

DATES: Send comments on or before December 7, 2015.

ADDRESSES: Send comments identified by docket number FAA-2015-3980
using any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
Fax: Fax comments to Docket Operations at 202-493-2251.
Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to http://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.
Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this action, contact Jon M. Stowe, Airspace and Rules Team, AJV-113,
Federal Aviation Administration, 800 Independence Avenue SW.,
Washington, DC 20591; telephone (202) 267-8783; email
jon.m.stowe@faa.gov.
For legal questions concerning this action, contact Lorelei Peter,
Office of Chief Counsel, AGC-200, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone (202) 267-
3073; email lorelei.peter@faa.gov.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

The FAA's authority to issue rules on aviation safety is found in
title 49 of the United States Code (49 U.S.C.). 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 49
U.S.C. 106(f), which establishes the authority of the Administrator to
promulgate regulations and rules. This rulemaking also is promulgated
under the authority described in 49 U.S.C. 40103, which vests the
Administrator with broad authority to prescribe regulations to assign
the use of airspace necessary to ensure the safety of aircraft and the
efficient use of airspace, and 49 U.S.C. 44701(a)(5), which requires
the Administrator to promote safe flight of civil aircraft in air
commerce by prescribing regulations and minimum standards for other
practices, methods, and procedures necessary for safety in air commerce
and national security.

I. Executive Summary

This NPRM proposes to establish a special flight rules area (SFRA)
around Pearson Field Airport (Pearson Field) in which pilots would have
to follow mandatory procedures. These procedures are necessary to
assist in the

[[Page 60311]]

separation of air traffic, and to ensure pilots are aware of potential
traffic conflicts between aircraft operating at Pearson Field and
Portland International Airport. The purpose is to ensure safety of
flight for aircraft operating at Pearson Field Airport and the adjacent
Portland International Airport.

II. Background and History

Pearson Field is located on the north bank of the Columbia River in
Vancouver, Washington, approximately three nautical miles west of
Portland International Airport, Portland, Oregon. Pearson Field is part
of the Fort Vancouver National Historic Site, and is listed on the
National Register of Historic Places. It is one of the oldest airports
in the United States, and the longest continually operating airport
west of the Mississippi. Pearson Field does not have an air traffic
control tower.
Portland International Airport is located 10 miles northeast of
downtown Portland and has over 300,000 annual operations, primarily
scheduled air carriers conducting operations under title 14 of the Code
of Federal Regulations (14 CFR) part 121. It serves northern Oregon and
southwest Washington with service to 120 cities worldwide. Due to the
continued growth of Portland International Airport and the close
proximity of Pearson Field, the FAA has identified safety issues.
The airspace area surrounding Pearson Field is excluded from the
Portland International Airport Class C airspace area and is commonly
referred to as the Pearson cutout. The runway 08 threshold at Pearson
Field is directly below the instrument landing system (ILS) final
approach course to Portland International Airport's runway 10L.
Additionally, runway 10L was expanded to accommodate heavy aircraft and
Boeing 757s. These operations increase the risk of wake turbulence
events between Portland International Airport arrivals to runway 10L or
departures from runway 28L/28R and aircraft operating at Pearson Field.
The Airport/Facility Directory (A/FD) lists the traffic pattern
altitude at Pearson Field as 1029 feet mean sea level (MSL) or 1000
feet above ground level (AGL). The A/FD also instructs aircraft
operating over the runway centerline or extended runway centerline at
Pearson Field to ``maintain at or below 700 feet MSL due to traffic and
wake turbulence from overflying aircraft to/from Portland International
Airport Runway 10L/28R.'' This is because aircraft established on the
Portland International Airport ILS final approach course to runway 10L
pass directly over Pearson's runway 08 threshold at 1091 feet MSL (1062
feet AGL). The close proximity of the traffic pattern and the approach
course create converging flight paths between aircraft on approach to
Portland International Airport's runway 10L/10R and aircraft operating
at Pearson Field.
These converging flight paths and the lack of vertical separation
create potential safety concerns for aircraft operating at both Pearson
Field and Portland International Airport, including risk of mid-air
collision and wake turbulence events. There is no requirement for
pilots to establish communications with air traffic control to receive
traffic advisories. In particular, when Portland International Airport
is operating on an east traffic flow and weather permits aircraft to
operate under visual flight rules (VFR) at Pearson Field the occurrence
of traffic collision avoidance system (TCAS) resolution advisories (RA)
increases.
To mitigate the identified risk, FAA's Portland Approach Control
took measures to increase safety, which included training controllers
regarding flight paths into and out of Pearson Field, and refresher
training regarding RAs, safety alerts and wake turbulence. Portland Air
Traffic Control Tower established the ``Pearson Advisory'' position to
provide traffic advisories to aircraft operating at Pearson Field.
Additionally, recommended pilot communications and procedures were
placed in the A/FD, which are voluntary but not required. While these
mitigations have increased safety and pilot awareness, 20 TCAS RAs were
reported and logged by air traffic control during calendar year 2014
and reflect an ongoing safety concern.

III. The Proposed Rule

To address the safety concerns between traffic operating at Pearson
Field and Portland International Airport, the FAA is proposing to
establish a SFRA at Pearson Field by adding new subpart N to part 93,
where special air traffic rules are codified. The proposed rule
provides a description of the airspace area (proposed Sec. 93.162),
communication requirements in the SFRA for both inbound and outbound
flights (proposed Sec. 93.163(a)), and procedural requirements
necessary to reduce the risks associated with the operation (proposed
Sec. 93.163(c)).
This action proposes to make the following voluntary practices in
the A/FD and air traffic procedures applicable in the Pearson Field
SFRA and mandatory for all pilots unless otherwise authorized by Air
Traffic Control (ATC):
Pilots must establish two-way radio communications with
Pearson Advisory on the common traffic advisory frequency for the
purpose of receiving air traffic advisories prior to entering the SFRA
or taxiing onto the runway for departure. Additionally, pilots must
continuously monitor the frequency at all times while operating within
the designated airspace.
When operating over the extended centerline of Pearson
Field Runway 8/26, pilots must maintain an altitude at or below 700
feet MSL.
Pilots must obtain the Pearson Field weather prior to
establishing two-way communications with Pearson Advisory.
Pilots must remain outside Portland Class C Airspace.
Pilots must make a right-hand traffic pattern when
operating to/from Pearson Field Runway 26.
Pilots may operate in the area without establishing two-
way radio communication, in the event of radio failure, provided that
weather conditions at Pearson Field are at or above basic VFR weather
minimums.

IV. Regulatory Notices and Analyses

A. Regulatory Evaluation

Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 and Executive Order 13563 direct
that each Federal agency shall propose or adopt a regulation only upon
a reasoned determination that the benefits of the intended regulation
justify its costs. Second, the Regulatory Flexibility Act of 1980 (Pub.
L. 96-354) requires agencies to analyze the economic impact of
regulatory changes on small entities. Third, the Trade Agreements Act
(Pub. L. 96-39) prohibits agencies from setting standards that create
unnecessary obstacles to the foreign commerce of the United States. In
developing U.S. standards, the Trade Act requires agencies to consider
international standards and, where appropriate, that they be the basis
of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4) requires agencies to prepare a written assessment of
the costs, benefits, and other effects of proposed or final rules that
include a Federal mandate likely to result in the expenditure by State,
local, or tribal governments, in the aggregate, or by the private
sector, of $100 million or more annually (adjusted for inflation with
base year of 1995). This portion of the preamble

[[Page 60312]]

summarizes the FAA's analysis of the economic impacts of this proposed
rule.
Department of Transportation Order DOT 2100.5 prescribes policies
and procedures for simplification, analysis, and review of regulations.
If the expected cost impact is so minimal that a proposed or final rule
does not warrant a full evaluation, this order permits that a statement
to that effect and the basis for it to be included in the preamble if a
full regulatory evaluation of the cost and benefits is not prepared.
Such a determination has been made for this proposed rule. The
reasoning for this determination follows:
Due to the continued growth of Portland International Airport and
the close proximity of Pearson Field, safety issues have been
identified. To address the safety concerns between traffic operating at
Pearson Field and Portland International Airport, the FAA is proposing
to establish a SFRA at Pearson Field in part 93. The proposed rule
provides a description of the area, communication requirements for both
inbound and outbound flights, and procedural requirements necessary to
reduce the risks associated with the operation.
Currently, pilots voluntarily comply with procedures in the A/FD,
to establish two-way radio communications with Pearson Advisory, and to
maintain at or below 700 feet above mean sea level when operating over
the extended centerline of Pearson Field Runway 8/26. Additionally, air
traffic control instructs pilots on Pearson advisory to obtain the
Pearson Field weather, and to remain outside Portland Class C Airspace.
As a result of being required to remain outside of Portland's Class C
Airspace, pilots must make a non-standard right traffic pattern if
landing on runway 26 at Pearson Field. Twenty TCAS resolution
advisories (RAs) were reported and logged by air traffic control during
calendar year 2014 reflecting an ongoing safety concern. By making the
voluntary compliance mandatory, the FAA expects a decrease in the
occurrence of, and will avoid an increase in, RAs. Thus, the cost of
the rule would be minimal.
The FAA has, therefore, determined that this proposed rule is not a
``significant regulatory action'' as defined in section 3(f) of
Executive Order 12866, and is not ``significant'' as defined in DOT's
Regulatory Policies and Procedures.

B. Regulatory Flexibility Determination

The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA)
establishes ``as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objectives of the rule and of applicable
statutes, to fit regulatory and informational requirements to the scale
of the businesses, organizations, and governmental jurisdictions
subject to regulation. To achieve this principle, agencies are required
to solicit and consider flexible regulatory proposals and to explain
the rationale for their actions to assure that such proposals are given
serious consideration.'' The RFA covers a wide range of small entities,
including small businesses, not-for-profit organizations, and small
governmental jurisdictions.
Agencies must perform a review to determine whether a rule will
have a significant economic impact on a substantial number of small
entities. If the agency determines that it will, the agency must
prepare a regulatory flexibility analysis as described in the RFA.
However, if an agency determines that a rule is not expected to
have a significant economic impact on a substantial number of small
entities, section 605(b) of the RFA provides that the head of the
agency may so certify and a regulatory flexibility analysis is not
required. The certification must include a statement providing the
factual basis for this determination, and the reasoning should be
clear.
The FAA believes that this proposed rule does not have a
significant economic impact on a substantial number of small entities
for the following reasons. With this proposed rule, the procedures and
voluntary practices already in place would become mandatory. The
intended effect of this action is to mitigate the identified risk by
establishing requirements necessary when operating within an
established area at Pearson Field, and to increase overall system
efficiency and safety; the expected outcome will have only a minimal
impact on any small entity affected by this rulemaking action.
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.

C. International Trade Impact Assessment

The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing standards or engaging in related activities
that create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to these Acts, the establishment of standards is not
considered an unnecessary obstacle to the foreign commerce of the
United States, so long as the standard has a legitimate domestic
objective, such as the protection of safety, and does not operate in a
manner that excludes imports that meet this objective. The statute also
requires consideration of international standards and, where
appropriate, that they be the basis for U.S. standards. The FAA has
assessed the potential effect of this proposed rule and determined that
the rule would protect safety and is not considered an unnecessary
obstacle to foreign commerce.

D. Unfunded Mandates Assessment

Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement
assessing the effects of any Federal mandate in a proposed or final
agency rule that may result in an expenditure of $100 million or more
(in 1995 dollars) in any one year by State, local, and tribal
governments, in the aggregate, or by the private sector; such a mandate
is deemed to be a ``significant regulatory action.'' The FAA currently
uses an inflation-adjusted value of $155 million in lieu of $100
million. This proposed rule does not contain such a mandate; therefore,
the requirements of Title II of the Act do not apply.

E. Paperwork Reduction Act

The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that the FAA consider the impact of paperwork and other information
collection burdens imposed on the public. The FAA has determined that
there is no new requirement for information collection associated with
this notice of proposed rulemaking.

F. International Compatibility and Cooperation

In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to conform to ICAO
Standards and Recommended Practices to the maximum extent practicable.
The FAA has reviewed the corresponding ICAO Standards and Recommended
Practices and has identified no corresponding standards with these
regulations.

G. Environmental Analysis

FAA Order 1050.1E identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act in the absence of extraordinary circumstances.

[[Page 60313]]

The FAA has determined this rulemaking action qualifies for the
categorical exclusion identified in paragraph 312f and involves no
extraordinary circumstances.

V. Executive Order Determinations

A. Executive Order 13132, Federalism

The FAA has analyzed this proposed rule under the principles and
criteria of Executive Order 13132, Federalism. The agency has
determined that this action would not have a substantial direct effect
on the States, or the relationship between the Federal Government and
the States, or on the distribution of power and responsibilities among
the various levels of government, and, therefore, would not have
Federalism implications.

B. Executive Order 13211, Regulations That Significantly Affect Energy
Supply, Distribution, or Use

The FAA analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). The agency has determined that it
would not be a ``significant energy action'' under the executive order
and would not be likely to have a significant adverse effect on the
supply, distribution, or use of energy.

C. Executive Order 13609, Promoting International Regulatory
Cooperation

Executive Order 13609, Promoting International Regulatory
Cooperation, (77 FR 26413, May 4, 2012) promotes international
regulatory cooperation to meet shared challenges involving health,
safety, labor, security, environmental, and other issues and to reduce,
eliminate, or prevent unnecessary differences in regulatory
requirements. The FAA has analyzed this action under the policies and
agency responsibilities of Executive Order 13609, and has determined
that this action would have no effect on international regulatory
cooperation.

VI. Additional Information

A. Comments Invited

The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. The agency
also invites comments relating to the economic, environmental, energy,
or federalism impacts that might result from adopting the proposals in
this document. The most helpful comments reference a specific portion
of the proposal, explain the reason for any recommended change, and
include supporting data. To ensure the docket does not contain
duplicate comments, commenters should send only one copy of written
comments, or if comments are filed electronically, commenters should
submit only one time.
The FAA will file in the docket all comments it receives, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this proposed rulemaking. Before acting on this
proposal, the FAA will consider all comments it receives on or before
the closing date for comments. The agency may change this proposal in
light of the comments it receives.
Proprietary or Confidential Business Information: Commenters should
not file proprietary or confidential business information in the
docket. Such information must be sent or delivered directly to the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this document, and marked as proprietary or confidential. If submitting
information on a disk or CD ROM, mark the outside of the disk or CD
ROM, and identify electronically within the disk or CD ROM the specific
information that is proprietary or confidential.
Under 14 CFR 11.35(b), if the FAA is aware of proprietary
information filed with a comment, the agency does not place it in the
docket. It is held in a separate file to which the public does not have
access, and the FAA places a note in the docket that it has received
it. If the FAA receives a request to examine or copy this information,
it treats it as any other request under the Freedom of Information Act
(5 U.S.C. 552). The FAA processes such a request under Department of
Transportation procedures found in 49 CFR part 7.

B. Availability of Rulemaking Documents

An electronic copy of rulemaking documents may be obtained from the
Internet by--
Searching the Federal eRulemaking Portal (http://www.regulations.gov);
Visiting the FAA's Regulations and Policies Web page at
http://www.faa.gov/regulations_policies or
Accessing the Government Printing Office's Web page at
http://www.fdsys.gov.
Copies may also be obtained by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW., Washington, DC 20591, or by calling (202) 267-9677.
Commenters must identify the docket or notice number of this
rulemaking.
All documents the FAA considered in developing this proposed rule,
including economic analyses and technical reports, may be accessed from
the Internet through the Federal eRulemaking Portal referenced above.

C. Small Business Regulatory Enforcement Fairness Act

The Small Business Regulatory Enforcement Fairness Act of 1996
(SBREFA) requires FAA to comply with small entity requests for
information or advice about compliance with statutes and regulations
within its jurisdiction. A small entity with questions regarding this
document may contact its local FAA official, or the person listed under
the FOR FURTHER INFORMATION CONTACT heading at the beginning of the
preamble. To find out more about SBREFA on the Internet, visit http://www.faa.gov/regulations_policies/rulemaking/sbre_act/.

List of Subjects in 14 CFR Part 93

Air traffic control, Airports, Navigation (air).

The Proposed Amendment

In consideration of the foregoing, the Federal Aviation
Administration proposes to amend chapter I of title 14, Code of Federal
Regulations as follows:

PART 93--SPECIAL AIR TRAFFIC RULES

0
1. The authority citation for part 93 continues to read as follows:

Authority: 49 U.S.C. 106(f), 106(g), 40103, 40106, 40109, 40113,
44502, 44514, 44701, 44715, 44719, 46301.

0
2. Add subpart N to part 93 to read as follows:

Subpart N--Pearson Field (Vancouver, WA) Airport Traffic Rule

Sec.
93.161 Applicability.
93.162 Description of area.
93.163 Aircraft operations.

Sec. 93.161 Applicability.

This subpart prescribes special air traffic rules for aircraft
conducting VFR operations in the vicinity of the Pearson Field Airport
in Vancouver, Washington.

Sec. 93.162 Description of area.

The Pearson Field Airport Special Flight Rules Area is designated
as that airspace extending upward from the surface to but not including
1,100 feet MSL in an area bounded by a line beginning at the point
where the 019[deg] bearing from Pearson Field intersects the 5-mile arc
from Portland International Airport extending southeast to a point 1\1/
2\ miles east of Pearson Field on the extended

[[Page 60314]]

centerline of Runway 8/26, thence south to the north shore of the
Columbia River, thence west via the north shore of the Columbia River
to the 5-mile arc from Portland International Airport, thence clockwise
via the 5-mile arc to point of beginning.

Sec. 93.163 Aircraft operations.

(a) Unless otherwise authorized by ATC, no person may operate an
aircraft within the airspace described in Sec. 93.162, or taxi onto
the runway at Pearson Field, unless--
(1) That person establishes two-way radio communications with
Pearson Advisory on the common traffic advisory frequency for the
purpose of receiving air traffic advisories and continues to monitor
the frequency at all times while operating within the specified
airspace.
(2) That person has obtained the Pearson Field weather prior to
establishing two-way communications with Pearson Advisory.
(b) Notwithstanding the provisions of paragraph (a) of this
section, if two-way radio communications failure occurs in flight, a
person may operate an aircraft within the airspace described in Sec.
93.162, and land, if weather conditions are at or above basic VFR
weather minimums. If two-way radio communications failure occurs while
in flight under IFR, the pilot must comply with Sec. 91.185 of this
chapter.
(c) Unless otherwise authorized by ATC, persons operating an
aircraft within the airspace described in Sec. 93.162 must--
(1) When operating over the extended centerline of Pearson Field
Runway 8/26, maintain an altitude at or below 700 feet above mean sea
level.
(2) Remain outside Portland Class C Airspace.
(3) Make a right traffic pattern when operating to/from Pearson
Field Runway 26.

Issued in Washington, DC, under the authority of 49 U.S.C.
106(f), 40103, and 44701(a)(5) on September 29, 2015.
Jodi S. McCarthy,
Director, Airspace Services.
[FR Doc. 2015-25344 Filed 10-5-15; 8:45 am]
BILLING CODE 4910-13-P

Federal Register / Vol. 80, No. 193 / Tuesday, October 6, 2015 / Proposed Rules 60313

The FAA has determined this ensure the docket does not contain technical reports, may be accessed from
rulemaking action qualifies for the duplicate comments, commenters the Internet through the Federal
categorical exclusion identified in should send only one copy of written eRulemaking Portal referenced above.
paragraph 312f and involves no comments, or if comments are filed
C. Small Business Regulatory
extraordinary circumstances. electronically, commenters should
Enforcement Fairness Act
submit only one time.
V. Executive Order Determinations The FAA will file in the docket all The Small Business Regulatory
A. Executive Order 13132, Federalism comments it receives, as well as a report Enforcement Fairness Act of 1996
The FAA has analyzed this proposed summarizing each substantive public (SBREFA) requires FAA to comply with
rule under the principles and criteria of contact with FAA personnel concerning small entity requests for information or
Executive Order 13132, Federalism. The this proposed rulemaking. Before acting advice about compliance with statutes
agency has determined that this action on this proposal, the FAA will consider and regulations within its jurisdiction.
would not have a substantial direct all comments it receives on or before the A small entity with questions regarding
effect on the States, or the relationship closing date for comments. The agency this document may contact its local
between the Federal Government and may change this proposal in light of the FAA official, or the person listed under
the States, or on the distribution of comments it receives. the FOR FURTHER INFORMATION CONTACT
power and responsibilities among the Proprietary or Confidential Business heading at the beginning of the
various levels of government, and, Information: Commenters should not preamble. To find out more about
therefore, would not have Federalism file proprietary or confidential business SBREFA on the Internet, visit http://
implications. information in the docket. Such www.faa.gov/regulations_policies/
information must be sent or delivered rulemaking/sbre_act/.
B. Executive Order 13211, Regulations directly to the person identified in the
That Significantly Affect Energy Supply, List of Subjects in 14 CFR Part 93
FOR FURTHER INFORMATION CONTACT
Distribution, or Use section of this document, and marked as Air traffic control, Airports,
The FAA analyzed this proposed rule proprietary or confidential. If submitting Navigation (air).
under Executive Order 13211, Actions information on a disk or CD ROM, mark The Proposed Amendment
Concerning Regulations that the outside of the disk or CD ROM, and
identify electronically within the disk or In consideration of the foregoing, the
Significantly Affect Energy Supply,
CD ROM the specific information that is Federal Aviation Administration
Distribution, or Use (May 18, 2001). The
proprietary or confidential. proposes to amend chapter I of title 14,
agency has determined that it would not
Under 14 CFR 11.35(b), if the FAA is Code of Federal Regulations as follows:
be a ‘‘significant energy action’’ under
the executive order and would not be aware of proprietary information filed
with a comment, the agency does not PART 93—SPECIAL AIR TRAFFIC
likely to have a significant adverse effect RULES
on the supply, distribution, or use of place it in the docket. It is held in a
energy. separate file to which the public does ■ 1. The authority citation for part 93
not have access, and the FAA places a continues to read as follows:
C. Executive Order 13609, Promoting note in the docket that it has received
International Regulatory Cooperation it. If the FAA receives a request to Authority: 49 U.S.C. 106(f), 106(g), 40103,
40106, 40109, 40113, 44502, 44514, 44701,
Executive Order 13609, Promoting examine or copy this information, it
44715, 44719, 46301.
International Regulatory Cooperation, treats it as any other request under the
(77 FR 26413, May 4, 2012) promotes Freedom of Information Act (5 U.S.C. ■ 2. Add subpart N to part 93 to read as
international regulatory cooperation to 552). The FAA processes such a request follows:
meet shared challenges involving under Department of Transportation
procedures found in 49 CFR part 7. Subpart N—Pearson Field (Vancouver,
health, safety, labor, security,
WA) Airport Traffic Rule
environmental, and other issues and to B. Availability of Rulemaking
reduce, eliminate, or prevent Documents Sec.
unnecessary differences in regulatory 93.161 Applicability.
requirements. The FAA has analyzed An electronic copy of rulemaking 93.162 Description of area.
this action under the policies and documents may be obtained from the 93.163 Aircraft operations.
agency responsibilities of Executive Internet by—
Order 13609, and has determined that • Searching the Federal eRulemaking § 93.161 Applicability.
Portal (http://www.regulations.gov); This subpart prescribes special air
this action would have no effect on
• Visiting the FAA’s Regulations and traffic rules for aircraft conducting VFR
international regulatory cooperation.
Policies Web page at http:// operations in the vicinity of the Pearson
VI. Additional Information www.faa.gov/regulations_policies or Field Airport in Vancouver,
• Accessing the Government Printing Washington.
A. Comments Invited
Office’s Web page at http://
The FAA invites interested persons to www.fdsys.gov. § 93.162 Description of area.
participate in this rulemaking by Copies may also be obtained by The Pearson Field Airport Special
submitting written comments, data, or sending a request to the Federal Flight Rules Area is designated as that
views. The agency also invites Aviation Administration, Office of airspace extending upward from the
rmajette on DSK7SPTVN1PROD with PROPOSALS

comments relating to the economic, Rulemaking, ARM–1, 800 Independence surface to but not including 1,100 feet
environmental, energy, or federalism Avenue SW., Washington, DC 20591, or MSL in an area bounded by a line
impacts that might result from adopting by calling (202) 267–9677. Commenters beginning at the point where the 019°
the proposals in this document. The must identify the docket or notice bearing from Pearson Field intersects
most helpful comments reference a number of this rulemaking. the 5-mile arc from Portland
specific portion of the proposal, explain All documents the FAA considered in International Airport extending
the reason for any recommended developing this proposed rule, southeast to a point 11⁄2 miles east of
change, and include supporting data. To including economic analyses and Pearson Field on the extended

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60314 Federal Register / Vol. 80, No. 193 / Tuesday, October 6, 2015 / Proposed Rules

centerline of Runway 8/26, thence south ENVIRONMENTAL PROTECTION www.regulations.gov Web site is an
to the north shore of the Columbia AGENCY ‘‘anonymous access’’ system, which
River, thence west via the north shore means the EPA will not know your
of the Columbia River to the 5-mile arc 40 CFR Part 52 identity or contact information unless
from Portland International Airport, [EPA–R06–OAR–2013–0388; FRL–9935–08– you provide it in the body of your
thence clockwise via the 5-mile arc to Region 6] comment. If you send an email
point of beginning. comment directly to the EPA without
Approval and Promulgation of going through www.regulations.gov,
§ 93.163 Aircraft operations. Implementation Plans; Texas; your email address will be
(a) Unless otherwise authorized by Infrastructure and Interstate Transport automatically captured and included as
State Implementation Plan for the 2010 part of the comment that is placed in the
ATC, no person may operate an aircraft
Sulfur Dioxide National Ambient Air public docket and made available on the
within the airspace described in
Quality Standards Internet. If you submit an electronic
§ 93.162, or taxi onto the runway at comment, the EPA recommends that
Pearson Field, unless— AGENCY: Environmental Protection
you include your name and other
(1) That person establishes two-way Agency (EPA).
contact information in the body of your
radio communications with Pearson ACTION: Proposed rule. comment and with any disk or CD–ROM
Advisory on the common traffic SUMMARY: Under the Federal Clean Air you submit. If the EPA cannot read your
advisory frequency for the purpose of Act (CAA) the Environmental Protection comment due to technical difficulties
receiving air traffic advisories and Agency (EPA) is proposing to approve and cannot contact you for clarification,
continues to monitor the frequency at elements of a State Implementation Plan the EPA may not be able to consider
all times while operating within the (SIP) submission from the State of Texas your comment. Electronic files should
specified airspace. for the Sulfur Dioxide (SO2) National avoid the use of special characters, any
Ambient Air Quality Standards form of encryption, and be free of any
(2) That person has obtained the
(NAAQS). The submittal addresses how defects or viruses. Multimedia
Pearson Field weather prior to submissions (audio, video, etc.) must be
establishing two-way communications the existing SIP provides for
implementation, maintenance, and accompanied by a written comment.
with Pearson Advisory. The written comment is considered the
enforcement of the 2010 SO2 NAAQS
(b) Notwithstanding the provisions of (infrastructure SIP or i-SIP). This i-SIP official comment and should include
paragraph (a) of this section, if two-way ensures that the State’s SIP is adequate discussion of all points you wish to
radio communications failure occurs in to meet the state’s responsibilities under make. The EPA will generally not
flight, a person may operate an aircraft the CAA. consider comments or comment
within the airspace described in DATES: Written comments must be
contents located outside of the primary
§ 93.162, and land, if weather received on or before November 5, 2015. submission (i.e. on the web, cloud, or
conditions are at or above basic VFR other file sharing system). For
ADDRESSES: Submit your comments,
weather minimums. If two-way radio additional information on submitting
identified by Docket ID Number EPA–
communications failure occurs while in comments, please visit http://
R06–OAR–2013–0388, by one of the
flight under IFR, the pilot must comply www2.epa.gov/dockets/commenting-
following methods:
with § 91.185 of this chapter. • www.regulations.gov. Follow the epa-dockets.
Docket: The index to the docket for
(c) Unless otherwise authorized by online instructions.
• Email: Nevine Salem at this action is available electronically at
ATC, persons operating an aircraft www.regulations.gov and in hard copy
within the airspace described in salem.nevine@epa.gov.
• Mail or delivery: Guy Donaldson, at EPA Region 6, 1445 Ross Avenue,
§ 93.162 must— Suite 700, Dallas, Texas. While all
Chief, Air Planning Section (6PD–L),
(1) When operating over the extended Environmental Protection Agency, 1445 documents in the docket are listed in
centerline of Pearson Field Runway 8/ Ross Avenue, Suite 1200, Dallas, Texas the index, some information may be
26, maintain an altitude at or below 700 75202–2733. Deliveries are accepted publicly available only at the hard copy
feet above mean sea level. only between the hours of 8 a.m. and 4 location (e.g., copyrighted material), and
p.m. weekdays, and not on legal some may not be publicly available at
(2) Remain outside Portland Class C either location (e.g., CBI).
Airspace. holidays. Special arrangements should
be made for deliveries of boxed FOR FURTHER INFORMATION CONTACT: Ms.
(3) Make a right traffic pattern when information. Nevine Salem, 214–665–7222,
operating to/from Pearson Field Runway Instructions: Direct your comments to salem.nevine@epa.gov. To inspect the
26. Docket ID No. EPA–R06–OAR–2013– hard copy materials, please schedule an
Issued in Washington, DC, under the 0338. The EPA’s policy is that all appointment with her or Bill Deese at
authority of 49 U.S.C. 106(f), 40103, and comments received will be included in 214–665–7253.
44701(a)(5) on September 29, 2015. the public docket without change, and SUPPLEMENTARY INFORMATION:
Jodi S. McCarthy, may be made available online at Throughout this document wherever
www.regulations.gov, including any ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
Director, Airspace Services.
personal information provided, unless the EPA.
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[FR Doc. 2015–25344 Filed 10–5–15; 8:45 am]
the comment includes information
BILLING CODE 4910–13–P claimed to be Confidential Business I. Background
Information (CBI) or other information On June 22, 2010, the EPA revised the
whose disclosure is restricted by statute. primary SO2 NAAQS (hereafter the 2010
Do not submit electronically any SO2 NAAQS) to establish a new 1-hour
information that you consider to be CBI standard, with a level of 75 parts per
or other information whose disclosure is billion, based on the 3-year average of
restricted by statute. The the annual 99th percentile of 1-hour

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Document Created: 2015-12-15 08:51:26
Document Modified: 2015-12-15 08:51:26

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of proposed rulemaking.
Dates		Send comments on or before December 7, 2015.
Contact		For technical questions concerning this action, contact Jon M. Stowe, Airspace and Rules Team, AJV-113, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267-8783; email [email protected]
FR Citation		80 FR 60310
RIN Number		2120-AK74
CFR Associated		Air Traffic Control; Airports and Navigation (air)

80 FR 60310 - Pearson Field Airport Special Flight Rules Area

DEPARTMENT OF TRANSPORTATIONFederal Aviation Administration

Federal Register Volume 80, Issue 193 (October 6, 2015)

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration