Modification of Class D and E Airspace, Removal of Class E Airspace; Aguadilla, PR, 10676-10677 [E9-5282]

Download as PDF 10676 Federal Register / Vol. 74, No. 47 / Thursday, March 12, 2009 / Rules and Regulations Signed this 4th day of March 2009, in Washington, DC. Dave White, Acting Vice President, Commodity Credit Corporation and Acting Chief, Natural Resources Conservation Service. [FR Doc. E9–5087 Filed 3–11–09; 8:45 am] BILLING CODE 3410–16–P FEDERAL ELECTION COMMISSION 11 CFR Parts 100, 104 and 110 [Notice 2009–03] Reporting Contributions Bundled by Lobbyists, Registrants and the PACs of Lobbyists and Registrants Correction In rule document E9–2838 beginning on page 7285 in the issue of Tuesday, February 17, 2009 make the following correction: On page 7288, in the third column, in the first paragraph, in the second line, ‘‘are given, they must d’’ should read ‘‘are given, they must disclose applicable contributions of the PAC on their semi-annual reports.’’. [FR Doc. Z9–2838 Filed 3–11–09; 8:45 am] BILLING CODE 1505–01–D DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2009–0053; Airspace Docket No. 09–ASO–11] Modification of Class D and E Airspace, Removal of Class E Airspace; Aguadilla, PR cprice-sewell on PRODPC61 with RULES AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Direct final rule, request for comments. SUMMARY: This action modifies Class D Airspace, modifies Class E airspace designated as an extension to Class D surface area and removes Class E airspace designated as surface area for an airport at Aguadilla, PR. The Rafael Hernandez Airport Air Traffic Control Tower will now operate on a full-time basis, thus the associated controlled airspace is being modified and removed to reflect the change. This action enhances the National Airspace System by providing controlled airspace in the vicinity of Aguadilla, PR. DATES: Effective 0901 UTC, May 7, 2009. The Director of the Federal Register VerDate Nov<24>2008 13:20 Mar 11, 2009 Jkt 217001 approves this incorporation by reference action under title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. Comments for inclusion in the Rules Docket must be received on or before April 27, 2009. ADDRESSES: Send comments on this rule to: U.S. Department of Transportation, Docket Operations, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590–0001; Telephone: 1–800– 647–5527; Fax: 202–493–2251. You must identify the Docket Number FAA– 2009–0053; Airspace Docket No. 09– ASO–11, at the beginning of your comments. You may also submit and review received comments through the Internet at https://www.regulations.gov. You may review the public docket containing the rule, any comments received, and any final disposition in person in the Dockets Office (see ADDRESSES section for address and phone number) between 9 a.m. and 5 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, Georgia 30337. FOR FURTHER INFORMATION CONTACT: Melinda Giddens, Operations Support Group, Federal Aviation Administration, P.O. Box 20636, Atlanta, Georgia 30320; Telephone (404) 305–5610, Fax 404–305–5572. SUPPLEMENTARY INFORMATION: The Direct Final Rule Procedure The FAA anticipates that this regulation will not result in adverse or negative comments, and, therefore, issues it as a direct final rule. The FAA has determined that this rule only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Unless a written adverse or negative comment or a written notice of intent to submit an adverse or negative comment is received within the comment period, the regulation will become effective on the date specified above. After the close of the comment period, the FAA will publish a document in the Federal Register indicating that no adverse or negative comments were received and confirming the effective date. If the FAA receives, within the comment period, an adverse or negative comment, or written notice of intent to submit such a comment, a document withdrawing the PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 direct final rule will be published in the Federal Register, and a notice of proposed rulemaking may be published with a new comment period. Comments Invited Although this action is in the form of a direct final rule, and was not preceded by a notice of proposed rulemaking, interested persons are invited to comment on this rule by submitting such written data, views, or arguments as they may desire. The direct final rule is used in this case to facilitate the timing of the charting schedule and enhance the operation at the airport, while still allowing and requesting public comment on this rulemaking action. An electronic copy of this document may be downloaded from and comments submitted through https:// www.regulations.gov. Communications should identify both docket numbers and be submitted in triplicate to the address specified under the caption ADDRESSES above or through the website. All communications received on or before the closing date for comments will be considered, and this rule may be amended or withdrawn in light of the comments received. Recently published rulemaking documents can also be accessed through the FAA’s web page at https:// www.faa.gov/airports_airtraffic/ air_traffic/publications/ airspace_amendments/. Comments are specifically invited on the overall regulatory, economic, environmental, and energy aspects of the rule that might suggest a need to modify the rule. Factual information that supports the commenter’s ideas and suggestions is extremely helpful in evaluating the effectiveness of this action and determining whether additional rulemaking action would be needed. All comments submitted will be available, both before and after the closing date for comments, in the Rules Docket for examination by interested persons. Those wishing the FAA to acknowledge receipt of their comments submitted in response to this rule must submit a self-addressed, stamped postcard on which the following statement is made: ’’Comments to Docket No. FAA–2009–0053; Airspace Docket No. 09–ASO–11.’’ The postcard will be date stamped and returned to the commenter. The Rule The FAA is amending Title 14, Code of Federal Regulations (14 CFR) part 71 by modifying the Class D and E airspace descriptions at Aguadilla, PR to reflect the change to full-time operations of the Air Traffic Control Tower of the Rafael E:\FR\FM\12MRR1.SGM 12MRR1 Federal Register / Vol. 74, No. 47 / Thursday, March 12, 2009 / Rules and Regulations cprice-sewell on PRODPC61 with RULES Hernandez Airport. The reference used in the legal descriptions to impart a part-time operation of the Class D and E Airspace designated as an extension to Class D surface area (E4) is being removed. The Class E airspace designated as surface area for an airport (E2) will no longer be required since the Class D Airspace will be in effect continuously, thus, this amendment removes that E2 airspace associated with Aguadilla, PR. Controlled airspace extending upward from the surface of the Earth is required to encompass the airspace necessary for instrument approaches for aircraft operating under Instrument Flight Rules (IFR). The current Class D and E4 airspace areas are sufficient for these approaches; no additional controlled airspace must be defined. Designations for Class D and E airspace areas extending upward from the surface of the Earth are published in FAA Order 7400.9S, signed October 3, 2008, and effective October 31, 2008, which is incorporated by reference in 14 CFR 71.1. The Class D and E designations listed in this document will be published subsequently in the Order. Agency Findings The regulations adopted herein will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among various levels of government. Therefore, it is determined that this final rule does not have federalism implications under Executive Order 13132. The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current, is non-controversial and unlikely to result in adverse or negative comments. It, therefore, (1) is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT 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. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. 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 VerDate Nov<24>2008 13:20 Mar 11, 2009 Jkt 217001 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 airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it modifies controlled airspace at Aguadilla, PR. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (Air). 10677 (Lat. 18°29′42″ N., long 67°07′46″ W.) Borinquen VORTAC (Lat. 18°29′53″ N., long 67°06′30″ W.) That airspace extending upward from the surface within 2.4 miles each side of the Borinquen VORTAC 257° radial extending from the 4.5 mile radius to 7 miles west of the VORTAC. * * * * * Issued in College Park, Georgia, on February 25, 2009. Barry A. Knight, Acting Manager, Operations Support Group, Eastern Service Center, Air Traffic Organization. [FR Doc. E9–5282 Filed 3–11–09; 8:45 am] BILLING CODE 4910–13–P Adoption of the Amendment DEPARTMENT OF TRANSPORTATION In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR Part 71 as follows: Saint Lawrence Seaway Development Corporation ■ 33 CFR Part 402 PART 71—DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for Part 71 continues to read as follows: ■ Authority: 49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9S, Airspace Designations and Reporting Points, signed October 3, 2008, effective October 31, 2008, is amended as follows: ■ Paragraph 5000 Class D Airspace. * * * * * ASO PR D Aguadilla, PR [REVISED] Rafael Hernandez Airport, PR (Lat. 18°29′42″ N., long 67°07′46″ W.) That airspace extending upward from the surface of the Earth to and including 2,700 feet MSL within a 4.5-mile radius of the Rafael Hernandez Airport. * * * * * Paragraph 6002 Class E Airspace Designated as Surface Areas. * * * * * ASO PR E2 Aguadilla, PR [REMOVE] Rafael Hernandez Airport, PR * * * * * Paragraph 6004 Class E Airspace Designated as an Extension to a Class D Surface Area. * * * * * ASO PR E4 Aguadilla, PR [REVISED] Rafael Hernandez Airport, PR PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 [Docket No. SLSDC 2009–0003] RIN 2135–AA29 Tariff of Tolls AGENCY: Saint Lawrence Seaway Development Corporation, DOT. ACTION: Final rule. SUMMARY: The Saint Lawrence Seaway Development Corporation (SLSDC) and the St. Lawrence Seaway Management Corporation (SLSMC) of Canada, under international agreement, jointly publish and presently administer the St. Lawrence Seaway Tariff of Tolls in their respective jurisdictions. The Tariff sets forth the level of tolls assessed on all commodities and vessels transiting the facilities operated by the SLSDC and the SLSMC. The SLSDC is revising its regulations to reflect the fees and charges levied by the SLSMC in Canada. The Tariff of Tolls became effective in Canada in 2008. For consistency, because these are, under international agreement, joint regulations, and to avoid confusion among users of the Seaway, the SLSDC finds that there is good cause to make this U.S. version of the amendments effective upon publication. (See SUPPLEMENTARY INFORMATION.) DATES: This rule is effective on March 12, 2009. FOR FURTHER INFORMATION CONTACT: Carrie Mann Lavigne, Chief Counsel, Saint Lawrence Seaway Development Corporation, 180 Andrews Street, Massena, New York 13662; 315–764– 3200. SUPPLEMENTARY INFORMATION: The Saint Lawrence Seaway Development E:\FR\FM\12MRR1.SGM 12MRR1

Agencies

[Federal Register Volume 74, Number 47 (Thursday, March 12, 2009)]
[Rules and Regulations]
[Pages 10676-10677]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-5282]


=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-0053; Airspace Docket No. 09-ASO-11]


Modification of Class D and E Airspace, Removal of Class E 
Airspace; Aguadilla, PR

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule, request for comments.

-----------------------------------------------------------------------

SUMMARY: This action modifies Class D Airspace, modifies Class E 
airspace designated as an extension to Class D surface area and removes 
Class E airspace designated as surface area for an airport at 
Aguadilla, PR. The Rafael Hernandez Airport Air Traffic Control Tower 
will now operate on a full-time basis, thus the associated controlled 
airspace is being modified and removed to reflect the change. This 
action enhances the National Airspace System by providing controlled 
airspace in the vicinity of Aguadilla, PR.

DATES: Effective 0901 UTC, May 7, 2009. The Director of the Federal 
Register approves this incorporation by reference action under title 1, 
Code of Federal Regulations, part 51, subject to the annual revision of 
FAA Order 7400.9 and publication of conforming amendments. Comments for 
inclusion in the Rules Docket must be received on or before April 27, 
2009.

ADDRESSES: Send comments on this rule to: U.S. Department of 
Transportation, Docket Operations, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001; 
Telephone: 1-800-647-5527; Fax: 202-493-2251. You must identify the 
Docket Number FAA-2009-0053; Airspace Docket No. 09-ASO-11, at the 
beginning of your comments. You may also submit and review received 
comments through the Internet at https://www.regulations.gov.
    You may review the public docket containing the rule, any comments 
received, and any final disposition in person in the Dockets Office 
(see ADDRESSES section for address and phone number) between 9 a.m. and 
5 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, Georgia 30337.

FOR FURTHER INFORMATION CONTACT: Melinda Giddens, Operations Support 
Group, Federal Aviation Administration, P.O. Box 20636, Atlanta, 
Georgia 30320; Telephone (404) 305-5610, Fax 404-305-5572.

SUPPLEMENTARY INFORMATION: 

The Direct Final Rule Procedure

    The FAA anticipates that this regulation will not result in adverse 
or negative comments, and, therefore, issues it as a direct final rule. 
The FAA has determined that this rule only involves an established body 
of technical regulations for which frequent and routine amendments are 
necessary to keep them operationally current. Unless a written adverse 
or negative comment or a written notice of intent to submit an adverse 
or negative comment is received within the comment period, the 
regulation will become effective on the date specified above. After the 
close of the comment period, the FAA will publish a document in the 
Federal Register indicating that no adverse or negative comments were 
received and confirming the effective date. If the FAA receives, within 
the comment period, an adverse or negative comment, or written notice 
of intent to submit such a comment, a document withdrawing the direct 
final rule will be published in the Federal Register, and a notice of 
proposed rulemaking may be published with a new comment period.

Comments Invited

    Although this action is in the form of a direct final rule, and was 
not preceded by a notice of proposed rulemaking, interested persons are 
invited to comment on this rule by submitting such written data, views, 
or arguments as they may desire. The direct final rule is used in this 
case to facilitate the timing of the charting schedule and enhance the 
operation at the airport, while still allowing and requesting public 
comment on this rulemaking action. An electronic copy of this document 
may be downloaded from and comments submitted through https://
www.regulations.gov. Communications should identify both docket numbers 
and be submitted in triplicate to the address specified under the 
caption ADDRESSES above or through the website. All communications 
received on or before the closing date for comments will be considered, 
and this rule may be amended or withdrawn in light of the comments 
received. Recently published rulemaking documents can also be accessed 
through the FAA's web page at https://www.faa.gov/airports_airtraffic/
air_traffic/publications/airspace_amendments/.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. Factual information that supports 
the commenter's ideas and suggestions is extremely helpful in 
evaluating the effectiveness of this action and determining whether 
additional rulemaking action would be needed. All comments submitted 
will be available, both before and after the closing date for comments, 
in the Rules Docket for examination by interested persons. Those 
wishing the FAA to acknowledge receipt of their comments submitted in 
response to this rule must submit a self-addressed, stamped postcard on 
which the following statement is made: ''Comments to Docket No. FAA-
2009-0053; Airspace Docket No. 09-ASO-11.'' The postcard will be date 
stamped and returned to the commenter.

The Rule

    The FAA is amending Title 14, Code of Federal Regulations (14 CFR) 
part 71 by modifying the Class D and E airspace descriptions at 
Aguadilla, PR to reflect the change to full-time operations of the Air 
Traffic Control Tower of the Rafael

[[Page 10677]]

Hernandez Airport. The reference used in the legal descriptions to 
impart a part-time operation of the Class D and E Airspace designated 
as an extension to Class D surface area (E4) is being removed. The 
Class E airspace designated as surface area for an airport (E2) will no 
longer be required since the Class D Airspace will be in effect 
continuously, thus, this amendment removes that E2 airspace associated 
with Aguadilla, PR. Controlled airspace extending upward from the 
surface of the Earth is required to encompass the airspace necessary 
for instrument approaches for aircraft operating under Instrument 
Flight Rules (IFR). The current Class D and E4 airspace areas are 
sufficient for these approaches; no additional controlled airspace must 
be defined. Designations for Class D and E airspace areas extending 
upward from the surface of the Earth are published in FAA Order 
7400.9S, signed October 3, 2008, and effective October 31, 2008, which 
is incorporated by reference in 14 CFR 71.1. The Class D and E 
designations listed in this document will be published subsequently in 
the Order.

Agency Findings

    The regulations adopted herein will not have substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among various levels of government. Therefore, it is 
determined that this final rule does not have federalism implications 
under Executive Order 13132.
    The FAA has determined that this regulation only involves an 
established body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current, is 
non-controversial and unlikely to result in adverse or negative 
comments. It, therefore, (1) is not a ``significant regulatory action'' 
under Executive Order 12866; (2) is not a ``significant rule'' under 
DOT 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. Since this is a routine matter 
that will only affect air traffic procedures and air navigation, it is 
certified that this rule, when promulgated, will not have a significant 
economic impact on a substantial number of small entities under the 
criteria of the Regulatory Flexibility Act.
    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 
airspace necessary to ensure the safety of aircraft and the efficient 
use of airspace. This regulation is within the scope of that authority 
as it modifies controlled airspace at Aguadilla, PR.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration 
amends 14 CFR Part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR 
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for Part 71 continues to read as follows:

    Authority: 49 U.S.C. 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 Federal Aviation 
Administration Order 7400.9S, Airspace Designations and Reporting 
Points, signed October 3, 2008, effective October 31, 2008, is amended 
as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ASO PR D Aguadilla, PR [REVISED]

Rafael Hernandez Airport, PR
    (Lat. 18[deg]29'42'' N., long 67[deg]07'46'' W.)

    That airspace extending upward from the surface of the Earth to 
and including 2,700 feet MSL within a 4.5-mile radius of the Rafael 
Hernandez Airport.
* * * * *

Paragraph 6002 Class E Airspace Designated as Surface Areas.

* * * * *

ASO PR E2 Aguadilla, PR [REMOVE]

Rafael Hernandez Airport, PR
* * * * *

Paragraph 6004 Class E Airspace Designated as an Extension to a 
Class D Surface Area.

* * * * *

ASO PR E4 Aguadilla, PR [REVISED]

Rafael Hernandez Airport, PR
    (Lat. 18[deg]29'42'' N., long 67[deg]07'46'' W.)
Borinquen VORTAC
    (Lat. 18[deg]29'53'' N., long 67[deg]06'30'' W.)

    That airspace extending upward from the surface within 2.4 miles 
each side of the Borinquen VORTAC 257[deg] radial extending from the 
4.5 mile radius to 7 miles west of the VORTAC.
* * * * *

    Issued in College Park, Georgia, on February 25, 2009.
Barry A. Knight,
Acting Manager, Operations Support Group, Eastern Service Center, Air 
Traffic Organization.
 [FR Doc. E9-5282 Filed 3-11-09; 8:45 am]
BILLING CODE 4910-13-P
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