SUMMARY: This action reinstates the requirement for pilots to establish and
maintain two-way radio communications with an operating control tower in
Class E and Class G airspace areas. This action also adds a paragraph to Sec.
91.130 of the Federal Aviation Regulations (FAR), for simplification and
clarification, that allows an aircraft operator to deviate from any provision
of Sec. 91.130 under the provisions of an air traffic control (ATC)
authorization. This action is necessary to reinstate and clarify certain
operating rules that existed prior to the Airspace Reclassification final
rule, which became effective September 16, 1993.
EFFECTIVE DATE: This amendment is effective on March 11, 1994.
FOR FURTHER INFORMATION CONTACT: Ms. Ellen Crum, Air Traffic Rules
Branch, ATP-230, Airspace-Rules and Aeronautical Information Division,
Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC
20591, telephone (202) 267-8783.
SUPPLEMENTARY INFORMATION:
Background
On December 17, 1991, the FAA published a final rule on Airspace
Reclassification (56 FR 65638). This rule, effective September 16, 1993, in
pertinent part, reclassified control zones for airports with operating
airport traffic control towers (ATCT) and airport traffic areas as Class D
airspace areas. Further, the rule required two-way radio communication with
air traffic control in these Class D airspace areas.
Discussion
The Airspace Reclassification final rule requires two-way communication
with ATCT located in Class B, C, and D airspace only. The rule deleted the
requirement for pilots to establish two-way radio communications with the
ATCT's (including temporary ATCT established for special aviation and
emergency activities) located in areas other than Class B, C, or D airspace,
i.e., Class E and G airspace. This was not the intent of the FAA.
An ATCT is established when the traffic volume and complexity warrants the
need for increased services and safety. At the time the Airspace
Reclassification final rule was promulgated, it was assumed that those pilots
operating at airports within Class E and Class G airspace would establish
radio contact with the ATCT. Additionally, the ATCT's located outside Class
B, C, or D airspace were considered to have minimal levels of traffic which
would not create a safety problem even though two-way communication was not
mandatory. However, since the final rule was published, the FAA has received
reports of incidents where pilots have not established communications with
these ATCT's. Unless all pilots are in communication with the ATCT,
controllers are unaware of the intentions of each aircraft, and may be unable
to provide ATC services and safety advisories. Therefore, only by requiring
pilots to communicate with an operating ATCT can safety be enhanced for
pilots operating on or in the vicinity of an airport. This action reinstates
the communication requirement for aircraft operating at airports where there
is an operating ATCT, as existed in Sec. 91.129 to September 16, 1993.
The Terminal Airspace Reclassification project required numerous amendments
to the FAR's. Specifically, Sec. 91.130, "Operations in Class C Airspace" of
the FAR was one of the affected rules. Previous to the Airspace
Reclassification final rule, Sec. 91.130 included a paragraph which allowed
for deviations from any provision of this section under the provisions of an
ATC authorization issued by the ATC facility having jurisdiction over the
airport radar service area. This paragraph now appears only in Sec. 91.129;
Sec. 91.130 includes a statement which requires the reader to refer back to
Sec. 91.129 in order to obtain a complete understanding of the rule. This
action makes the "deviation" information more accessible to the reader and
will replicate the current Sec. 91.130 as closely as practicable to the pre-
Airspace Reclassification version.
The Rule
This action enhances the safety of certain aircraft operations in Class E
and Class G airspace and continues the intent of the regulation which existed
prior to September 16, 1993. Specifically, this rule adds Sec. 91.126(d) and
Sec. 91.127(c) requiring all aircraft to establish two-way radio
communications with an ATCT when operating an aircraft to, from, through, or
on an airport having an operational control tower. In addition, this action
amends Sec. 91.130, making the "deviation" information more accessible to the
reader, and replicating the current Sec. 91.130 as closely as practicable to
the pre-Airspace Reclassification version.
Conclusion
The FAA has determined that this action: (1) Is not a "significant
regulatory action" under Executive Order 12866; (2) is not a "significant
rule" under Department of Transportation Regulatory Policies and Procedures
(44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a
regulatory evaluation as the anticipated impact is so minimal. In addition,
the FAA certifies that this regulation will not have a significant economic
impact, positive or negative, on a substantial number of small entities under
the criteria of the Regulatory Flexibility Act of 1980.
In the interest of flight safety, the public needs to be made immediately
aware of the requirement for pilots to establish and maintain two-way radio
communications with operating ATCT's that are located in Class E or G
airspace areas. Therefore, I find that notice and public procedures under 5
U.S.C. 553(b) are impracticable and contrary to the public interest. Further,
the FAA finds good cause, pursuant to 5 U.S.C. 553(d), for making this
amendment effective in less than 30 days to promote the safe and efficient
handling of air traffic in these airspace areas.
List of Subjects in 14 CFR Part 91
Air traffic control, Aircraft, Airmen, Airports, Aviation safety.
Adoption of the Amendment
In consideration of the foregoing, the Federal Aviation Administration
amends part 91 of the Federal Aviation Regulations (14 CFR part 91) as
follows:
PART 91--GENERAL OPERATING AND FLIGHT RULES
1. The authority citation for part 91 continues to read as follows:
Authority: 49 U.S.C. app. 1301(7), 1303, 1344, 1348, 1352 through 1355,
1401, 1421 through 1431, 1471, 1472, 1502, 1510, 1522, and 2121 through 2125
articles 12, 29, 31, and 32(a) of the Convention on International Civil
Aviation (61 stat. 1180); 42 U.S.C. 4321 et seq; E.O. 11514, 35 FR 4247, 3
CFR, 1966-1970 Comp., p. 902; 49 U.S.C. 106(g).
2. Section 91.126 is amended by revising the introductory text in paragraph
(b) and adding paragraph (d) to read as follows:
Sec. 91.126 Operating on or in the vicinity of an airport in Class G
airspace.
* * * * *
(b) Direction of turns. When approaching to land at an airport without an
operating control tower in Class G airspace--
* * * * *
(d) Communications with control towers. Unless otherwise authorized or
required by ATC, no person may operate an aircraft to, from, through, or on
an airport having an operational control tower unless two-way radio
communications are maintained between that aircraft and the control tower.
Communications must be established prior to 4 nautical miles from the
airport, up to and including 2,500 feet AGL. However, if the aircraft radio
fails in flight, the pilot in command may operate that aircraft and land if
weather conditions are at or above basic VFR weather minimums, visual contact
with the tower is maintained, and a clearance to land is received. If the
aircraft radio fails while in flight under IFR, the pilot must comply with
Sec. 91.185.
3. Section 91.127 is amended by adding paragraph (c) to read as follows:
Sec. 91.127 Operating on or in the vicinity of an airport in Class E
airspace.
* * * * *
(c) Communications with control towers. Unless otherwise authorized or
required by ATC, no person may operate an aircraft to, from, through, or on
an airport having an operational control tower unless two-way radio
communications are maintained between that aircraft and the control tower.
Communications must be established prior to 4 nautical miles from the
airport, up to and including 2,500 feet AGL. However, if the aircraft radio
fails in flight, the pilot in command may operate that aircraft and land if
weather conditions are at or above basic VFR weather minimums, visual contact
with the tower is maintained, and a clearance to land is received. If the
aircraft radio fails while in flight under IFR, the pilot must comply with
Sec. 91.185.
4. Section 91.130 is amended by adding paragraph (e) to read as follows:
Sec. 91.130 Operations in Class C airspace.
* * * * *
(e) Deviations. An operator may deviate from any provision of this section
under the provisions of an ATC authorization issued by the ATC facility
having jurisdiction over the airspace concerned. ATC may authorize a
deviation on a continuing basis or for an individual flight, as appropriate.
Issued in Washington, DC, on March 7, 1994.
L. Lane Speck,
Director, Air Traffic Rules and Procedures Service.
