[Federal Register Volume 88, Number 18 (Friday, January 27, 2023)]
[Proposed Rules]
[Pages 5283-5289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01022]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-1678; Airspace Docket No. 22-AWA-4]


Amendment of the Nashville International Airport Class C 
Airspace; Nashville, TN; and the John C. Tune Airport Class D Airspace; 
Nashville, TN

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to reconfigure the Nashville 
International Airport (BNA) Class C airspace area, and amend the 
ceiling of the John C. Tune Airport (JWN) Class D airspace area. The 
FAA is proposing this action to reduce the risk of midair collisions, 
and enhance the efficient management of air traffic operations in the 
Nashville, TN, terminal area.

DATES: Comments must be received on or before March 28, 2023.

ADDRESSES: Send comments on this proposal to the U.S. Department of 
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West 
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone: 
(800) 647-5527, or (202) 366-9826. You must identify FAA Docket No. 
FAA-2022-1678; Airspace Docket No. 22-AWA-4, at the beginning of your 
comments. You may also submit comments through the internet at 
www.regulations.gov.
    FAA Order 7400.11G, Airspace Designations and Reporting Points, and 
subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. For further information, you can contact the Rules and 
Regulations Group, Federal Aviation Administration, 800 Independence 
Avenue SW, Washington, DC 20591; telephone: (202) 267-8783.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Rules and Regulations 
Group, Office of Policy, Federal Aviation Administration, 800 
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is 
found in Title 49 of the United States Code. Subtitle I, Section 106 
describes the authority of the FAA Administrator. Subtitle VII, 
Aviation Programs, describes in more detail the scope of the agency's 
authority. This rulemaking is promulgated under the authority described 
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, 
the FAA is charged with prescribing regulations to assign the use of 
the airspace necessary to ensure the safety of aircraft and the 
efficient use of airspace. This regulation is within the scope of that 
authority as it would modify the airspace structure as necessary to 
preserve the safe and efficient flow of air traffic within the National 
Airspace System (NAS).

Comments Invited

    Interested parties are invited to participate in this proposed 
rulemaking by submitting such written data, views, or arguments as they 
may desire. Comments that provide the factual basis supporting the 
views and suggestions presented are particularly helpful in developing 
reasoned regulatory decisions on the proposal. Comments are 
specifically invited on the overall regulatory, aeronautical, economic,

[[Page 5284]]

environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No. 
FAA-2022-1678; Airspace Docket No. 22-AWA-4) and be submitted in 
triplicate to the Docket Management Facility (see ADDRESSES section for 
address and phone number). You may also submit comments through the 
internet at www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments 
on this action must submit with those comments a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to FAA Docket No. FAA-2022-1678; Airspace Docket No. 22-AWA-4.'' The 
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified comment 
closing date will be considered before taking action on the proposed 
rule. The proposal contained in this action may be changed in light of 
comments received. All comments submitted will be available for 
examination in the public docket both before and after the comment 
closing date. A report summarizing each substantive public contact with 
FAA personnel concerned with this rulemaking will be filed in the 
docket.

Availability of NPRM

    An electronic copy of this document may be downloaded through the 
internet at www.regulations.gov. Recently published rulemaking 
documents can also be accessed through the FAA's web page at 
www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any 
comments received and any final disposition in person in the Dockets 
Office (see ADDRESSES section for address and phone number) between 
9:00 a.m. and 5.00 p.m., Monday through Friday, except Federal 
holidays. An informal docket may also be examined during normal 
business hours at the office of the Eastern Service Center, Federal 
Aviation Administration, Room 210, 1701 Columbia Avenue, College Park, 
GA, 30337.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order JO 7400.11G, Airspace 
Designations and Reporting Points, dated August 19, 2022, and effective 
September 15, 2022. FAA Order JO 7400.11G is publicly available as 
listed in the ADDRESSES section of this document. FAA Order JO 7400.11F 
lists Class A, B, C, D, and E airspace areas, air traffic service 
routes, and reporting points.

Background

    In 1986, the FAA issued a final rule that established the 
Nashville, TN, Airport Radar Service Area (ARSA) (51 FR 8284 (March 10, 
1986). The establishment of the Nashville ARSA was effective on April 
10, 1986. As a result of the Airspace Reclassification final rule (56 
FR 65638; December 17, 1991), which became effective in September 1993, 
the term ``Airport Radar Service Area'' was replaced by ``Class C 
airspace area.'' As with the former ARSA, the primary purpose of a 
Class C airspace area is to reduce the potential for midair collisions 
in terminal areas and promote the efficient control of air traffic in 
those areas. Pilots are required to establish two-way radio 
communications with air traffic control (ATC) before entering Class C 
airspace, and they must maintain two-way radio communications with ATC 
while operating in that airspace. These requirements are designed to 
keep ATC informed of all aircraft operating within the Class C airspace 
area.
    The BNA Class C airspace was last modified on June 27, 2013 (78 FR 
27029; May 9, 2013) in order to remove a small cutout from the Class C 
surface area. The purpose of the cutout was to exclude the airspace 
within a 1.5 nautical mile (NM) radius of the former Cornelia Fork 
Airpark airport (located 4 NM north northwest of BNA) from the BNA 
Class C airspace area so that pilots could operate to and from the 
Airpark without the requirement to contact ATC. However, the Airpark 
has since been permanently closed rendering the cutout unnecessary. 
Otherwise, the BNA Class C is unchanged from its original 
configuration.
    Operations at BNA are rebounding from the drop in traffic that 
resulted during the COVID-19 pandemic. In calendar year (CY) 2015, BNA 
hosted 174,178 instrument operations and 184,421 total operations. In 
CY 2019, BNA instrument operations were 221,532 out of 234,964 total 
operations. CY 2020 saw a drop to 151,342 instrument operations out of 
163,365 total operations, while CY 2021 increased to 205,958 instrument 
operations and 219,427 total operations. From January 1 through 
November 20, 2022, 219,675 instrument operations and 231,575 total 
operations were reported. Similarly, BNA passenger enplanements grew 
significantly from 4,013,995 in CY 2020, to 7,594,049 in CY 2021 (the 
latest year for which validated figures are available). This represents 
an increase of more than 89% in enplanements over the previous year. 
Furthermore, air traffic in the Nashville terminal area has increased 
substantially in all categories of aircraft, including medical 
helicopter traffic.
    Three busy satellite airports, near BNA: John C. Tune Airport 
(JWN), Smyrna Airport (MQY), and Murfreesboro Municipal Airport (MBT), 
generate traffic that routinely crosses the BNA final approach courses. 
Significant numbers of visual flight rules (VFR) aircraft, which are 
not in contact with ATC, routinely operate in the same airspace outside 
of the BNA Class C area that is also used by aircraft operating to and 
from BNA. Under this proposal, those VFR aircraft would be required to 
establish radio contact with ATC thereby enhancing safety and 
efficiency in the BNA terminal area.
    Between July 2019 and February 2020, BNA Terminal Radar Approach 
Control (TRACON) logged over 300 instances where unidentified VFR 
aircraft operating just outside of the existing Class C airspace 
boundaries resulted in Traffic Alert and Collison Avoidance System 
(TCAS) alerts and/or air traffic controller actions to prevent 
potential conflicts between aircraft.
    Common instances include:
     Unidentified, non-participating VFR aircraft that are not 
in contact with ATC skirting the Class C airspace boundary that create 
potential traffic conflicts with aircraft arriving or departing BNA;
     Increased workload for air traffic controllers due to the 
need for additional vectoring or altitude changes of BNA arrivals and 
departures to ensure separation from VFR aircraft that are operating 
just outside the Class C airspace, but not in radio communication with 
ATC;
     Non-participating aircraft crossing the final approach 
course to BNA, and;
     Unidentified aircraft violating the Class C airspace area.

    Note:  A non-participating aircraft is one that is not in radio 
communications with ATC, and is not receiving Class C ATC services.

    The FAA proposes to address these issues by modifying the BNA Class 
C airspace area as follows:
     Partially extending lateral limits of Class C surface area 
(the inner ring) from a 5 NM radius to a 7 NM of BNA;
     Expanding the lateral limits of the Class C airspace by 
increasing the radius of the outer ring from 10 NM to 15 NM from BNA, 
and;
     Extending the upper altitude limit of the Class C airspace 
from 4,600 feet

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mean sea level (MSL) to 6,000 feet MSL, and lowering the floor of Class 
C airspace to 1,800 feet MSL in certain segments to the north and south 
of BNA.

Benefits of Modifying the BNA Class C Airspace Area

    The proposed modifications of the current BNA Class C airspace area 
would enhance safety, efficiency, and airspace utilization by requiring 
pilots to establish and maintain radio communications with ATC prior 
to, and while operating in, the airspace. This would lessen the 
likelihood of BNA arrivals and departures encountering unknown aircraft 
that are not in contact with ATC. Other benefits would include:
     Enhanced safety by providing ATC the ability to segregate 
General Aviation aircraft from higher performance turbojet aircraft and 
from BNA arrival and departure traffic;
     Improved traffic patterns that allow for stabilized 
approaches to BNA;
     Reduced potential for IFR traffic encountering 
unidentified VFR aircraft, and;
     Reduced controller workload associated with vectoring or 
climbing/descending IFR aircraft to avoid unverified targets.
    The unique combination of high volumes of general aviation and 
commercial operations, and transiting VFR aircraft that take place in 
the congested BNA terminal area support a proposal to expand the BNA 
Class C airspace area to enhance safety and efficiency.
    The FAA believes that users would benefit from participation in the 
proposed expanded availability of Class C services around BNA which 
include: sequencing of all aircraft to the primary airport (BNA); 
standard IFR services to IFR aircraft; separation, traffic advisories, 
and safety alerts between IFR and VFR aircraft; and, mandatory traffic 
advisories and safety alerts between VFR aircraft.

Pre-NPRM Public Input

    In May 2021, the FAA initiated action to form an Ad Hoc Committee 
(Committee) to seek input and recommendations from representatives of 
effected aviation users for the FAA to consider in designing proposed 
modifications to the BNA Class C airspace area. The purpose of an Ad 
Hoc Committee is to obtain preliminary input from affected users before 
a formal proposed airspace design is developed by the FAA for 
publication in a Notice of proposed rulemaking (NPRM).
    The Committee met on August 25, 2021, at Murfreesboro Municipal 
Airport, TN. The Committee was chaired by a representative of the 
Metropolitan Nashville Airport Authority. Membership included 
representatives of local airports, state and local government offices, 
and aviation users. Attendance was both in person and virtually via the 
internet.
    The Committee report stated that the proposed airspace modification 
appears to address the concerns raised by air traffic without being 
overly restrictive. Further, the Committee supported the overall goal 
of the proposed airspace modification to improve communication and 
coordination.

Ad Hoc Committee Recommendations

    The Ad Hoc Committee submitted five recommendations for the FAA to 
consider.
    First, the Committee recommended that the FAA extend the helicopter 
VFR corridors to the edge of the proposed new Class C airspace 
boundary, and review the corridor altitudes.
    The FAA's review of the helicopter VFR corridors indicated no need 
for amendments with the Class C modification. The current transition 
points and tracks address the safety concerns where helicopters overfly 
the final approach courses at BNA and the way aircraft fly the approach 
will not change with the proposed Class C modification. The existing 
points were designed to transition VFR helicopters safely through the 
final approach course. They were not designed as reporting points for 
entering or exiting Class C airspace.
    Second, the FAA should review all existing airspace Letters of 
Agreement (LOA) for impacts/changes as a result of the proposed Class C 
airspace modification.
    The FAA plans to review all LOAs and Standard Operating Procedures 
(SOP) for potential impacts and needed changes with respect to the 
proposed Class C airspace modification.
    Third, coordinate with local remote controlled (RC) aircraft 
club(s) that may fall within the proposed new inner ring to establish 
LOAs for safe operations of RC aircraft/unmanned aircraft systems 
(UAS).
    The FAA reviewed known local RC clubs and determined that only the 
Music City Aviators (MCA) club will fall within the new inner ring 
boundary. The MCA LOA has been reviewed and no changes are needed due 
to the Class C modification.
    Fourth, inform JWN and MQY stakeholders of the requirement for Mode 
C/ADS-B equipage for arrivals/departures through the proposed new Class 
C airspace (2,400 feet for JWN and 2,400 feet for MQY).
    If the proposed Class C modification is approved, BNA and the 
Metropolitan Nashville Airport Authority will communicate the changes 
with the local flying community via airport meetings, public outreach, 
and Letters to Airmen.
    Fifth, coordinate with MQY on the impact of the proposed inner ring 
extension overlapping MQY Class D airspace when operating on a MQY 
Runway 14 approach. Consider providing a notch or cutout in the BNA 
Class C to accommodate MQY Runway 14 approaches.
    The FAA determined that creating a notch or cutout in the BNA Class 
C airspace to accommodate Runway 14 approaches would create a hazard 
for aircraft arriving and departing BNA. Currently, MQY Runway 
approaches are rarely approved due to conflicts/impact at BNA. 
Unfortunately, FAA is unable to accommodate this recommendation.

Informal Airspace Meeting

    Informal Airspace Meetings provide the FAA another avenue to gather 
additional information to assist in the development of an airspace 
proposal before issuance of a NPRM.
    As announced in the Federal Register (86 FR 70991; December 14, 
2021), an Informal Airspace Meeting concerning proposed modifications 
of the BNA Class C airspace area was held on February 22, 2022. The 
meeting was conducted virtually as a webinar via the Zoom application. 
There were 122 registered attendees; however, many more watched the 
meeting on the FAA's social media sites. Seven comments were received 
from the attendees.

Discussion of Informal Airspace Meeting Comments

    Two commenters addressed the proposed floor of Class C airspace on 
the east and west sides of BNA. The first commenter, who flies from TK 
Farm Airport (TN26), requested that the Class C floor on the east side 
be raised from 2,100 feet MSL to 2,400 feet MSL. The second commenter, 
who trained at Smyrna Airport (MQY) asked that the Class C floor on the 
east and west sides be raised to 3,500 feet MSL.
    The FAA considered these suggestions. Discussions between BNA and 
MQY resulted in amending the proposed floor on the east side of the 
Class C (between 7 and 15 NM from BNA) from 2,100 feet MSL to 2,400 
feet MSL. This raises the Class C floor over TN26 to 2,400 feet MSL as 
requested. This will allow aircraft to remain under the Class C 
airspace in order to reduce the need for multiple radio frequency

[[Page 5286]]

changes in that area. Aircraft will have the option to maintain 
communication with MQY control tower only. However, the FAA is unable 
to raise the floor on the east and west outer rings to 3,500 feet MSL 
due to conflicts with the BNA departure release area; John C. Tune 
(JWN) departures and arrivals; BNA downwind traffic; and MQY departures 
and arrivals.
    One commenter stated concerns that radio communications systems are 
deficient in the area adjacent to, and east of, the Nashville Class C 
airspace. The commenter stated that this issue could be resolved with 
the installation of a Remote Communications Air/Ground facility (RCAG) 
at or near the Upper Cumberland Regional Airport (SRB) in Sparta, TN.
    While the FAA is proposing to expand the BNA Class C airspace from 
the current 10 NM ring to a 15 NM ring, the FAA will not be expanding 
Nashville Approach Control's delegated airspace boundary beyond its 
current eastern limit. SRB airport is an additional 18 NM east of the 
Nashville Approach Control's airspace boundary line. Radio 
communications at SRB is outside of Nashville Approach airspace and 
therefore is not included in the Class C changes. Since Memphis ARTCC 
is the overlying control facility for SRB, frequency requests should be 
made with Memphis ARTCC. The FAA does not believe that expanding the 
BNA Class C airspace to the 15 NM ring will have any impact on the 
volume of traffic near SRB.
    A pilot who regularly flies between JWN and MQY wrote that, most of 
the time they communicate with BNA, but if the controllers are busy, 
they will fly under the Class C shelf. The pilot was concerned that 
1,800 feet MSL is very low and could cause poor decision making by some 
pilots. The commenter suggested the FAA provide an East-West VFR 
corridor that goes over the top of BNA for this purpose.
    The FAA acknowledges that the Class C changes may impact the 
routing of VFR aircraft into and around Nashville. Until the FAA fully 
understands how VFR traffic will flow around the proposed modified 
airspace, the FAA will defer consideration of adding VFR corridors. The 
FAA encourages pilots to contact ATC for services to overfly BNA, and 
for services between JWN and MQY.
    A commenter asked if the changes around Nashville would result in 
flight paths that are more concentrated, at lower altitudes, and with 
less separation between planes. The commenter also asked about the 
impact of noise.
    The BNA Class C modification will not affect departure or arrival 
routes, nor result in lower altitudes or concentrated flight paths. It 
will provide for increased separation between participating aircraft 
during critical phases of flight allowing ATC to provide traffic 
advisories in a larger area around BNA. The noise at BNA is subject to 
aircraft arriving and departing over which the Class C change has no 
direct correlation.
    A pilot asked if the Class C modification will make it easier for 
VFR flights to get radar traffic advisories.
    ATC will continue to provide VFR flight following services as duty 
priorities allow, an increased area of Class C airspace may result in 
increased need for ATC services.
    An airline pilot asked if the Class C change would have any flying 
operational impact on his carrier.
    There will be no changes to procedures for air carrier aircraft. 
However, safety will be increased between IFR commercial arrivals and 
departures and VFR aircraft transiting in and around the proposed Class 
C airspace.
    A pilot based at JWN wrote in support of any improvements to better 
manage and separate traffic around JWN. The pilot cited cases where it 
was difficult to make contact with ATC due to frequency congestion and, 
what the commenter sensed to be later than desired handoffs from 
approach control to JWN Tower. The commenter asked if the Class C 
modification would lead to more air traffic controllers being assigned.
    The LOA between the BNA Airport Traffic Control Tower and the JWN 
Federal Contract Tower (FCT) was revised in February 2022 to address 
the transfer of communications of JWN arrivals to JWN FCT. A second 
revision of the LOA addresses the matching of runways in use between 
BNA and JWN, and streamlining the coordination of inbound aircraft with 
JWN. The Class C change would extend the airspace to the west of the 
JWN Class D airspace, but the outer lower shelf altitude would remain 
unchanged at 2,400 feet MSL. This would increase the separation of 
aircraft and the ability for ATC to provide traffic advisories and 
other services. The Class C proposal would not lead to an increased 
number of controllers.
    One commenter stated three concerns about the Class C proposal. 
First, the commenter cited concern about the Class C segments located 
southeast and northeast of JWN that have a floor set at 1,800 feet MSL 
because there are towers that extend up to 2,049 feet MSL near the 
boundaries of those Class C segments. The commenter said that this 
could pose a problem for VFR pilots flying below 1,800 feet MSL under 
either lower Class C segment, and approaching near a 2,049 feet MSL 
tower. The commenter said that the floor of the Class C should be 
raised to a consistent 2,400 feet MSL. Second, the commenter contended 
that coordination between BNA approach control and JWN tower needs 
improvement. The commenter wrote that installing a radar display in JWN 
tower would enhance traffic management and coordination. Third, the 
commenter asked for confirmation that the expansion of the Class C 
airspace would result in a previously proposed skydiving operation at 
JWN being denied.
    Regarding the comment about the 1,800-foot Class C segments, the 
lower floors of the Class C to the north and south of BNA are to ensure 
that IFR aircraft in critical stages of flight do not conflict with 
nonparticipating VFR aircraft skirting around the inner Class C ring. 
This design is necessary for safe air traffic operations into and out 
of BNA. Raising the floor of these segments to 2,400 feet MSL would 
negate the protection for BNA arriving aircraft. The towers noted by 
the commenter are depicted on the Sectional Aeronautical Charts that 
cover the Nashville area and are lighted in accordance with 14 CFR part 
77. The FAA is not aware of pilots having issues with the towers. 
Ultimately, it is the pilot's responsibility to evaluate all factors 
that could affect a planned flight, such as minimum safe altitudes, and 
determine the safest course of action. Pilots are encouraged to contact 
ATC to take advantage of Class C services.
    Regarding the comment about coordination between BNA and JWN, as 
discussed under a previous comment, above, the LOA between BNA and JWN 
has been revised recently to address transfer of communications and 
coordination issues. Installation of a radar display at JWN is not 
planned as part of the Class C airspace proposal.
    Lastly, while skydiving operations at JWN are outside the scope of 
this rulemaking action, the FAA is addressing the matter in a separate 
forum.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 to modify the 
BNA Class C airspace area and to amend the ceiling of the JWN Class D 
airspace area.
    The current BNA Class C airspace area consists of that airspace 
extending upward from the surface to and including 4,600 feet MSL 
within a 5 NM

[[Page 5287]]

radius of BNA; and that airspace extending upward from 2,100 feet MSL 
to and including 4,600 feet MSL within a 10 NM radius of BNA from the 
019[deg] bearing from BNA clockwise to the 198[deg] bearing from BNA; 
and that airspace extending upward from 2,400 feet MSL to and including 
4,600 feet MSL within a 10 NM radius of BNA from the 198[deg] bearing 
from BNA clockwise to the 018[deg] bearing from BNA.
    This proposal would make minor edits in the text header of the BNA 
Class C airspace description, as published in FAA Order JO 7400.11, by 
updating BNA airport reference point (ARP) coordinates from ``lat. 
36[deg]07'28'' N, long. 86[deg]40'42'' W'' to ``lat. 36[deg]07'28'' N, 
long. 86[deg]40'41'' W'' which reflects the latest information in the 
Airport Master Records file. In addition, the Smyrna Airport, TN, would 
be added to the text header because that airport is referenced in the 
Class C description. The proposed Class C modifications are described 
below.
    The FAA is proposing to expand the BNA Class C surface area to 
extend from the surface up to and including 6,000 feet MSL. 
Additionally, the surface area radius would be extended from the 
current 5 NM from BNA to 7 NM from BNA from the 335[deg] bearing from 
the airport clockwise to the 230[deg] bearing from the airport. The 
surface area radius would remain at 5 NM from BNA from the 230[deg] 
bearing clockwise to the 335[deg] bearing from the airport. The Class C 
surface area would exclude that portion within the Smyrna Airport Class 
D airspace area.
    Additionally, the Class C would include that airspace extending 
upward from 1,800 feet MSL to and including 6,000 feet MSL within a 15 
mile radius of BNA from the 335[deg] bearing from BNA clockwise to the 
060[deg] bearing from BNA.
    Additionally, the Class C would include that airspace extending 
upward from 2,400 feet MSL to and including 6,000 feet MSL within a 15 
NM radius of BNA from the 060[deg] bearing from BNA clockwise to the 
155[deg] bearing from BNA, excluding that portion within the Smyrna 
Airport Class D airspace area.
    Additionally, the Class C would include that airspace extending 
upward from 1,800 feet MSL to and including 6,000 feet MSL within a 15 
NM radius of BNA from the 155[deg] bearing from BNA clockwise to the 
230[deg] bearing from BNA.
    Additionally, the Class C would include that airspace extending 
upward from 2,400 feet MSL within a 15 NM radius of BNA from the 
230[deg] bearing from BNA clockwise to the 335[deg] bearing from BNA.

John C. Tune Airport (JWN) Class D Airspace Area

    The FAA is proposing to amend the ceiling of the JWN Class D 
airspace area by lowering the ceiling from 2,500 feet MSL ``to but not 
including 2,400 feet MSL.'' The proposed westward expansion of the BNA 
Class C airspace, with a floor of 2,400 feet MSL, would overlie the JWN 
Class D airspace. Lowering the Class D ceiling as proposed would create 
a clear delineation between the Class C and Class D airspace areas.
    In developing the above proposed modifications, the FAA has 
considered the public input received from the Ad Hoc Committee, and the 
informal airspace meetings.
    Class C airspace areas are published in paragraph 4000, and Class D 
airspace areas are published in paragraph 5000, respectively, of FAA 
Order JO 7400.11G, dated August 19, 2022, and effective September 15, 
2022, which is incorporated by reference in 14 CFR 71.1. The Class C 
airspace, and Class D airspace modifications proposed in this document 
would be published subsequently in FAA Order JO 7400.11.

Paperwork Reduction Act

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

Regulatory Notices and Analyses

    Regulatory Notices and Analyses 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, this 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). The current threshold after adjustment for inflation is $165 
million, using the most current (2021) Implicit Price Deflator for the 
Gross Domestic Product.
    In conducting these analyses, the FAA has determined that this 
proposed rule: (1) is expected to have a minimal cost impact, (2) is 
not an economically ``significant regulatory action'' as defined in 
section 3(f) of Executive Order 12866, (3) is not significant under the 
Department of Transportation's administrative procedure rule on 
rulemaking at 49 CFR 5.13; (4) not have a significant economic impact 
on a substantial number of small entities; (5) does not create 
unnecessary obstacles to the foreign commerce of the United States; and 
(6) does not impose an unfunded mandate on state, local, or tribal 
governments, or on the private sector by exceeding the threshold 
identified above. These analyses are summarized below.
    As discussed above, the FAA determined that changes put forth in 
this proposed rule would reduce the risk of midair collisions, and 
enhance air traffic control efficiency, and airspace utilization. The 
proposed rule would reconfigure BNA Class C airspace area and amend the 
ceiling of JWN Class D airspace area. The FAA considered 
recommendations from an Ad Hoc Committee and informal airspace meetings 
from the stakeholders. The Committee report stated that the proposed 
airspace modification appears to address the concerns raised by air 
traffic without being overly restrictive. Further, the Committee 
supported the overall goal of the proposed airspace modification to 
improve communication and coordination.
    In addition, air traffic in the Nashville terminal area has 
increased dramatically in all categories of aircraft. The goals of the 
proposal are to reduce the risk of midair collisions and improve the 
efficient management of air traffic operations in the Nasville, TN, 
terminal area.
    The proposal to modify the BNA Class C airspace area would require 
VFR aircraft to establish radio contact with ATC thereby enhancing 
safety and efficiency in the BNA terminal area. VFR operators would 
only need to make minor adjustments to accommodate the expanded 
availability of Class C services around BNA. Therefore, the FAA expects 
the proposal would result in

[[Page 5288]]

minimal cost to VFR operators. The FAA requests comments on the 
benefits and costs of this proposal to inform the final rule.

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 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.
    The proposed rule would reconfigure BNA Class C airspace area and 
amend the ceiling JWN Class D airspace area. The FAA is proposing this 
action to reduce the risk of midair collisions, and enhance the 
efficient management of air traffic operations in the Nashville, TN, 
terminal area. The FAA determined that changes put forth in this would 
increase airspace safety and efficiency.
    The change would affect general aviation operators using BNA Class 
C airspace area and amend the ceiling JWN Class D airspace area. 
Operators flying VFR would need to adjust their flight paths to avoid 
the modified Class C airspace and Class D airspace, if the pilots 
desire to operate without contacting ATC. However, the proposed 
modifications are intended to address the concerns raised by air 
traffic without being burdensome. Therefore, as provided in section 
605(b), the head of the FAA certifies that this rulemaking would not 
result in a significant economic impact on a substantial number of 
small entities.

International Trade Impact Assessment

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

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 $165 million in $100 million. This 
proposed rule does not contain such a mandate; therefore, the 
requirements of Title II of the Act do not apply. the safe, orderly, 
and expeditious flow of civil air traffic.

Environmental Review

    This proposal will be subject to an environmental analysis in 
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies 
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend 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 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 the Federal 
Aviation Administration Order JO 7400.11G, Airspace Designations and 
Reporting Points, dated August 19, 2022, and effective September 15, 
2022, is amended as follows:

Paragraph 4000 Subpart C--Class C Airspace.

* * * * *

ASO TN C Nashville, TN [Amended]

Nashville International Airport, TN
    (Lat. 36[deg]07'28'' N, long. 86[deg]40'41'' W)

Smyrna Airport, TN
    (Lat. 36[deg]00'32'' N, long. 86[deg]31'12'' W)

    That airspace extending upward from the surface to 6,000 feet 
MSL within a 5-mile radius of Nashville International Airport from 
the 230[deg] bearing from the airport clockwise to the 335[deg] 
bearing from the airport; and that airspace extending upward from 
the surface to 6,000 feet MSL within a 7-mile radius of Nashville 
International Airport from the 335[deg] bearing from the airport 
clockwise to the 230[deg] bearing from the airport, excluding that 
portion within the Smyrna Airport, TN, Class D airspace area; and 
that airspace extending upward from 1,800 feet MSL to 6,000 feet MSL 
within a 15-mile radius of Nashville International Airport from the 
335[deg] bearing from the airport clockwise to the 060[deg] bearing 
from the airport; and that airspace extending upward from 2,400 feet 
MSL to 6,000 feet MSL within a 15-mile radius of the airport from 
the 060[deg] bearing from the airport clockwise to the 155[deg] 
bearing from the airport, excluding that portion within the Smyrna 
Airport, TN, Class D airspace area; and that airspace extending 
upward from 1,800 feet MSL to 6,000 feet MSL within a 15-mile radius 
of Nashville International Airport from the 155[deg] bearing from 
the airport clockwise to the 230[deg] bearing from the airport; and 
that airspace extending upward from 2,400 feet MSL to 6,000 feet MSL 
within a 15-mile radius of Nashville International Airport from the 
230[deg] bearing from the airport clockwise to the 335[deg] bearing 
from the airport.
* * * * *

Paragraph 5000 Subpart D--Class D Airspace.

* * * * *

ASO TN D Nashville, TN [Amended]

John C. Tune Airport, TN
    (Lat. 36[deg]10'59'' N, long. 86[deg]53'11'' W)

    That airspace upward from the surface to but not including 2,400 
feet MSL within a

[[Page 5289]]

4.1-mile radius of John C. Tune Airport, and within 1.2-miles each 
side of the 195[deg] bearing from the airport, extending from the 
4.1-mile radius to 6.1-miles south of the airport, and within 1.2-
miles each side of the 015[deg] bearing from the airport, extending 
from the 4.1-mile radius to 6.1-miles north of the airport. This 
Class D airspace area is effective during the specific dates and 
times established in advance by a Notice to Air Missions. The 
effective dates and times will thereafter be continuously published 
in the Chart Supplement.
* * * * *

    Issued in Washington, DC, on January 17, 2023.
Brian Konie,
Acting Manager, Airspace Rules and Regulations.
[FR Doc. 2023-01022 Filed 1-26-23; 8:45 am]
BILLING CODE 4910-13-P


