Amendment of Class C Airspace; San Juan Luis Munoz Marin International Airport, PR, 23510-23512 [2024-07086]
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23510
Federal Register / Vol. 89, No. 66 / Thursday, April 4, 2024 / Rules and Regulations
reduced and derated take-off thrust
operations and engine-failure cases. The
tests must assess the level of energy
awareness, and the effects of energymanagement errors.
Issued in Kansas City, Missouri, on March
28, 2024.
Patrick R. Mullen,
Manager, Technical Innovation Policy
Branch, Policy and Innovation Division,
Aircraft Certification Service.
[FR Doc. 2024–07139 Filed 4–3–24; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2023–1906; Airspace
Docket No. 22–AWA–3]
RIN 2120–AA66
Amendment of Class C Airspace; San
Juan Luis Munoz Marin International
Airport, PR
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
This action modifies the San
Juan Luis Munoz Marin International
Airport, PR (SJU), Class C airspace by
adding a cutout to the surface area near
the Fernando Luis Ribas Dominicci
Airport, PR (SIG). The FAA is taking
this action to enhance safety and enable
more efficient operations at SJU and
SIG.
SUMMARY:
Effective date 0901 UTC, July 11,
2024. The Director of the Federal
Register approves this incorporation by
reference action under 1 CFR part 51,
subject to the annual revision of FAA
Order 7400.11 and publication of
conforming amendments.
ADDRESSES: A copy of the Notice of
Proposed Rulemaking (NPRM), all
comments received, this final rule, and
all background material may be viewed
online at www.regulations.gov using the
FAA Docket number. Electronic
retrieval help and guidelines are
available on the website. It is available
24 hours each day, 365 days each year.
FAA Order JO 7400.11H, Airspace
Designations and Reporting Points, and
subsequent amendments can be viewed
online at www.faa.gov/air_traffic/
publications/. You may also contact the
Rules and Regulations Group, Office of
Policy, Federal Aviation
Administration, 800 Independence
Avenue SW, Washington, DC 20591;
telephone: (202) 267–8783.
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DATES:
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FOR FURTHER INFORMATION CONTACT:
Brian Vidis, 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 modifies
terminal airspace as required to preserve
the safe and efficient flow of air traffic
in the San Juan, PR, area.
History
The FAA published a NPRM for
Docket No. FAA–2023–1906 in the
Federal Register (88 FR 68509; October
4, 2023) proposing to modify the Class
C airspace area surrounding SJU.
Interested parties were invited to
participate in this rulemaking effort by
submitting written comments on the
proposal. One comment was received
from the Air Line Pilots Association
International in support of the new SJU
Class C airspace design.
Differences From the NPRM
Subsequent to publication of the
NPRM, the FAA identified that the SJU
Airport Reference Point (ARP)
geographic coordinates listed in the
Class C airspace description had been
rounded in error and published as ‘‘lat.
18°26′22″ N, long. 66°00′07″ W’’. The
correct ARP for SJU is ‘‘lat. 18°26′22″ N,
long. 066°00′08″ W’’. The ARP for SJU
is changed from ‘‘lat. 18°26′22″ N, long.
66°00′07″ W’’ to ‘‘lat. 18°26′22″ N, long.
066°00′08″W’’. This final rule corrects
the error.
Incorporation by Reference
Class C airspace designations are
published in paragraph 4000 of FAA
Order JO 7400.11, Airspace
Designations and Reporting Points,
which is incorporated by reference in 14
CFR 71.1 on an annual basis. This
document amends the current version of
that order, FAA Order JO 7400.11H,
dated August 11, 2023, and effective
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
September 15, 2023. FAA Order JO
7400.11H is publicly available as listed
in the ADDRESSES section of this
document. This amendment will be
published in the next update to FAA
Order JO 7400.11.
FAA Order JO 7400.11H lists Class A,
B, C, D, and E airspace areas, air traffic
service routes, and reporting points.
The Rule
This action amends 14 CFR part 71 by
modifying the San Juan Luis Munoz
Marin International Airport (SJU), PR,
Class C airspace description by adding
a cutout to the Class C surface area
northwest of SJU from the surface to but
not including 1,200 feet above mean sea
level (MSL). This amendment enhances
flight safety by allowing aircraft
departing runway 9 at Fernando Luis
Ribas Dominicci Airport, PR (SIG),
when the SIG air traffic control tower is
closed, the ability to either remain
outside of the San Juan, PR, Class C
airspace by turning to the north and
west or to have additional time to
establish two-way radio communication
with the San Juan air traffic control
tower prior to entering the San Juan, PR,
(SJU) Class C airspace.
Additionally, the FAA corrects the
first line of the Class C airspace
description header information by only
listing the city and territory location of
the airport. This change follows the
FAA’s current airspace description
format guidance.
Regulatory Notices and Analyses
The FAA considers the impacts of
regulatory actions under a variety of
executive orders and other
requirements. 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 the
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. 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 that may result in the
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector, of $100,000,000 or more
(adjusted annually for inflation) in any
one year. The current threshold after
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Federal Register / Vol. 89, No. 66 / Thursday, April 4, 2024 / Rules and Regulations
adjustment for inflation is $177 million
using the most current (2022) Implicit
Price Deflator for the Gross Domestic
Product. This portion of the preamble
presents the FAA’s analysis of the
economic impacts of this rule.
In conducting these analyses, the FAA
has determined that this rule: will have
a minimal cost impact; is not a
‘‘significant regulatory action’’ as
defined in section 3(f)(1) of Executive
Order 12866 as amended by Executive
Order 14094; will not have a significant
economic impact on a substantial
number of small entities; will not create
unnecessary obstacles to the foreign
commerce of the United States; and will
not impose an unfunded mandate on
State, local, or tribal governments, or on
the private sector.
As discussed above, the FAA
determined that changes put forth in
this final rule will reduce the risk of
midair collisions and improve the use of
the SJU airspace. The FAA amends the
Class C airspace at the San Juan Luis
Munoz Marin International Airport
(SJU) in Puerto Rico. The existing
airspace structure does not adequately
address the traffic conflicts that might
arise when the SIG Airport Traffic
Control Tower (ATCT) is closed, and
Visual Flight Rules (VFR) aircraft depart
SIG and subsequently transition
eastbound through the SJU Class C
airspace prior to establishing
communications with San Juan air
traffic control.
Currently, SIG is considered a satellite
airport to SJU, and thus VFR aircraft
departing SIG after the SIG ATCT closes
only need to contact San Juan air traffic
control as soon as practicable, after
departing. Traffic conflicts occur when
SIG ATCT closes, VFR aircraft depart
SIG to the east into SJU Class C airspace
and have yet to contact the San Juan air
traffic controller. As a result, they could
possibly cause midair collisions. The
FAA proposes a cutout to the SJU Class
C surface area near SIG airport to
mitigate the identified safety risks of
possible traffic conflicts.
Creating a cutout to the northwest of
the SJU Class C surface area allows
aircraft coming from the eastern side of
SIG to operate without entering the SJU
Class C airspace and thus, enhance air
traffic efficiency. In addition, the cutout
area places the SIG airport outside of the
SJC Class C surface area, and therefore,
it would require all VFR aircraft
departing SIG to contact the San Juan air
traffic control prior to entering the SJC
Class C airspace area. As a result, it will
create a safer airspace.
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Regulatory Flexibility Act
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-forprofit 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 final rule amends the Class C
airspace at the SJU in Puerto Rico. The
FAA is taking this action to reduce the
risk of midair collisions and improve
the use of the SJU airspace. The FAA
determined that changes put forth in
this final rule increase airspace safety
and efficiency. The change affects
general aviation operators using the
cutout of SJU Class C surface area when
the SIG ATCT is closed, and VFR
aircraft depart SIG and subsequently
transition eastbound through the SJU
Class C airspace prior to establishing
communications with San Juan air
traffic control. The objectives of these
changes are to enhance safety and
enable more efficient operations at SJU
and SIG without being burdensome to
the industry. 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.
International Trade Impact Assessment
The Trade Agreements Act of 1979
(Pub. L. 96–39), as amended by the
Uruguay Round Agreements Act (Pub.
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Fmt 4700
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23511
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 final rule and
determined that it should improve
safety and is consistent with the Trade
Agreements Act. The FAA has assessed
the potential effect of this final rule and
determined that it will improve safety
and is consistent with the Trade
Agreements Act.
Unfunded Mandates Assessment
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) governs
the issuance of Federal regulations that
require unfunded mandates. An
unfunded mandate is a regulation that
requires a state, local, or tribal
government or the private sector to
incur direct costs without the Federal
government having first provided the
funds to pay those costs. The FAA
determined that the final rule will not
result in the expenditure of $177
million or more by State, local, or tribal
governments, in the aggregate, or the
private sector, in any one year. This
final rule does not contain such a
mandate; therefore, the Act does not
apply.
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 final rule.
Environmental Review
The FAA has determined that this
action of modifying the SJU Class C
airspace by adding a cutout to the
surface area near the SIG is categorically
excluded from further environmental
review under the National
Environmental Policy Act (42 U.S.C.
4321 et seq.) and its implementing
regulations at 40 CFR part 1500, and in
accordance with FAA Order 1050.1F,
Environmental Impacts: Policies and
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Federal Register / Vol. 89, No. 66 / Thursday, April 4, 2024 / Rules and Regulations
Procedures, paragraph 5–6.5a, which
categorically excludes from further
environmental impact review
rulemaking actions that designate or
modify classes of airspace areas,
airways, routes, and reporting points
(see 14 CFR part 71, Designation of
Class A, B, C, D, and E Airspace Areas;
Air Traffic Service Routes; and
Reporting Points), and paragraph 5–6.5i,
which categorically excludes from
further environmental review the
establishment of new or revised air
traffic control procedures conducted at
3,000 feet or more above ground level
(AGL); procedures conducted below
3,000 feet AGL that do not cause traffic
to be routinely routed over noise
sensitive areas; modifications to
currently approved procedures
conducted below 3,000 feet AGL that do
not significantly increase noise over
noise sensitive areas; and increases in
minimum altitudes and landing
minima, and paragraph 5–6.5k, which
categorically excludes from further
environmental review the publication of
existing air traffic control procedures
that do not essentially change existing
tracks, create new tracks, change
altitude, or change concentration of
aircraft on these tracks. As such, this
action is not expected to result in any
potentially significant environmental
impacts. In accordance with FAA Order
1050.1F, paragraph 5–2 regarding
Extraordinary Circumstances, the FAA
has reviewed this action for factors and
circumstances in which a normally
categorically excluded action may have
a significant environmental impact
requiring further analysis. Accordingly,
the FAA has determined that no
extraordinary circumstances exist that
warrant preparation of an
environmental assessment or
environmental impact study.
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order JO 7400.11H,
Airspace Designations and Reporting
Points, dated August 11, 2023, and
effective September 15, 2023, is
amended as follows:
■
Paragraph 4000. Class C Airspace.
*
*
*
*
*
ASO PR C San Juan, PR [Amended]
Luis Munoz Marin International Airport, PR
(Lat. 18°26′22″ N, long. 066°00′08″ W)
That airspace extending upward from the
surface to and including 4,000 feet MSL
within a 5-mile radius of the Luis Munoz
Marin International Airport beginning at lat.
18°30′24″ N, long. 066°03′16″ W, clockwise
to lat. 18°26′41″ N, long. 066°05′23″ W,
thence east to lat. 18°26′42″ N, long
066°03′34″ W, thence north to the beginning
point; and that airspace extending upward
from 2,800 feet MSL to 4,000 feet MSL within
a 10-mile radius of the Luis Munoz Marin
International Airport from the 129° bearing
from the airport clockwise to the 189° bearing
from the airport; and that airspace extending
upward from 1,700 feet MSL to 4,000 feet
MSL within a 10-mile radius of the airport
from the 189° bearing from the airport
clockwise to the 229° bearing from the
airport; and that airspace extending upward
from 1,200 feet MSL to 4,000 feet MSL within
a 10-mile radius of the airport from the 229°
bearing from the airport clockwise to the 129°
bearing from the airport.
*
*
*
*
*
Issued in Washington, DC, on March 29,
2024.
Frank Lias,
Manager, Rules and Regulations Group.
[FR Doc. 2024–07086 Filed 4–3–24; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
List of Subjects in 14 CFR Part 71
ddrumheller on DSK120RN23PROD with RULES1
§ 71.1
Airspace, Incorporation by reference,
Navigation (air).
33 CFR Part 165
The Amendment
RIN 1625–AA00
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
Safety Zone; Kokosing ROV Survey
Operation, Straits of Mackinac, MI
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
ACTION:
1. The authority citation for 14 CFR
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.
VerDate Sep<11>2014
16:37 Apr 03, 2024
Jkt 262001
[Docket Number USCG–2024–0204]
Coast Guard, DHS.
Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone for
navigable waters within a 500-yard
radius of Tug Nancy Anne, Tug
Champion, Tug General, Tug WM Boyd,
Tug Shirley Ann and crew boat Timmy
V. The safety zone is needed to protect
the remotely operated vehicle survey
operations from other vessels. Entry of
SUMMARY:
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
vessels into this zone is prohibited
unless specifically authorized by the
Captain of the Port Northern Great
Lakes.
This rule is effective without
actual notice from April 4, 2024 through
May 15, 2024. For the purposes of
enforcement, actual notice will be used
from April 1, 2024 until April 4, 2024.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2024–
0204 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
DATES:
If
you have questions about this
rulemaking, call or email LT Rebecca
Simpson, telephone 906–635–3223,
email ssmprevention@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
ROV Remotely Operated Vehicle
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule under authority in 5
U.S.C. 553(b)(B). This statutory
provision authorizes an agency to issue
a rule without prior notice and
opportunity to comment when the
agency for good cause finds that those
procedures are ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’ The Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable to publish an NPRM
because we must establish this safety
zone by April 1, 2024.
Also, under 5 U.S.C. 553(d)(3), the
Coast Guard finds that good cause exists
for making this rule effective less than
30 days after publication in the Federal
Register. This rule is needed to protect
the vessels and personnel involved in
the ROV survey operations from other
vessels transiting the Straits of
Mackinac at the same time this project
is being conducted.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034. The
Captain of the Port Sector Northern
Great Lakes (COTP) has determined that
potential hazards associated with the
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Agencies
[Federal Register Volume 89, Number 66 (Thursday, April 4, 2024)]
[Rules and Regulations]
[Pages 23510-23512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07086]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2023-1906; Airspace Docket No. 22-AWA-3]
RIN 2120-AA66
Amendment of Class C Airspace; San Juan Luis Munoz Marin
International Airport, PR
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action modifies the San Juan Luis Munoz Marin
International Airport, PR (SJU), Class C airspace by adding a cutout to
the surface area near the Fernando Luis Ribas Dominicci Airport, PR
(SIG). The FAA is taking this action to enhance safety and enable more
efficient operations at SJU and SIG.
DATES: Effective date 0901 UTC, July 11, 2024. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order 7400.11 and
publication of conforming amendments.
ADDRESSES: A copy of the Notice of Proposed Rulemaking (NPRM), all
comments received, this final rule, and all background material may be
viewed online at www.regulations.gov using the FAA Docket number.
Electronic retrieval help and guidelines are available on the website.
It is available 24 hours each day, 365 days each year.
FAA Order JO 7400.11H, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. You may also contact the Rules and
Regulations Group, Office of Policy, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.
FOR FURTHER INFORMATION CONTACT: Brian Vidis, 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 modifies terminal airspace as required to preserve the
safe and efficient flow of air traffic in the San Juan, PR, area.
History
The FAA published a NPRM for Docket No. FAA-2023-1906 in the
Federal Register (88 FR 68509; October 4, 2023) proposing to modify the
Class C airspace area surrounding SJU. Interested parties were invited
to participate in this rulemaking effort by submitting written comments
on the proposal. One comment was received from the Air Line Pilots
Association International in support of the new SJU Class C airspace
design.
Differences From the NPRM
Subsequent to publication of the NPRM, the FAA identified that the
SJU Airport Reference Point (ARP) geographic coordinates listed in the
Class C airspace description had been rounded in error and published as
``lat. 18[deg]26'22'' N, long. 66[deg]00'07'' W''. The correct ARP for
SJU is ``lat. 18[deg]26'22'' N, long. 066[deg]00'08'' W''. The ARP for
SJU is changed from ``lat. 18[deg]26'22'' N, long. 66[deg]00'07'' W''
to ``lat. 18[deg]26'22'' N, long. 066[deg]00'08''W''. This final rule
corrects the error.
Incorporation by Reference
Class C airspace designations are published in paragraph 4000 of
FAA Order JO 7400.11, Airspace Designations and Reporting Points, which
is incorporated by reference in 14 CFR 71.1 on an annual basis. This
document amends the current version of that order, FAA Order JO
7400.11H, dated August 11, 2023, and effective September 15, 2023. FAA
Order JO 7400.11H is publicly available as listed in the ADDRESSES
section of this document. This amendment will be published in the next
update to FAA Order JO 7400.11.
FAA Order JO 7400.11H lists Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting points.
The Rule
This action amends 14 CFR part 71 by modifying the San Juan Luis
Munoz Marin International Airport (SJU), PR, Class C airspace
description by adding a cutout to the Class C surface area northwest of
SJU from the surface to but not including 1,200 feet above mean sea
level (MSL). This amendment enhances flight safety by allowing aircraft
departing runway 9 at Fernando Luis Ribas Dominicci Airport, PR (SIG),
when the SIG air traffic control tower is closed, the ability to either
remain outside of the San Juan, PR, Class C airspace by turning to the
north and west or to have additional time to establish two-way radio
communication with the San Juan air traffic control tower prior to
entering the San Juan, PR, (SJU) Class C airspace.
Additionally, the FAA corrects the first line of the Class C
airspace description header information by only listing the city and
territory location of the airport. This change follows the FAA's
current airspace description format guidance.
Regulatory Notices and Analyses
The FAA considers the impacts of regulatory actions under a variety
of executive orders and other requirements. 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 the 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. 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 that may result in the
expenditure by State, local, and tribal governments, in the aggregate,
or by the private sector, of $100,000,000 or more (adjusted annually
for inflation) in any one year. The current threshold after
[[Page 23511]]
adjustment for inflation is $177 million using the most current (2022)
Implicit Price Deflator for the Gross Domestic Product. This portion of
the preamble presents the FAA's analysis of the economic impacts of
this rule.
In conducting these analyses, the FAA has determined that this
rule: will have a minimal cost impact; is not a ``significant
regulatory action'' as defined in section 3(f)(1) of Executive Order
12866 as amended by Executive Order 14094; will not have a significant
economic impact on a substantial number of small entities; will not
create unnecessary obstacles to the foreign commerce of the United
States; and will not impose an unfunded mandate on State, local, or
tribal governments, or on the private sector.
As discussed above, the FAA determined that changes put forth in
this final rule will reduce the risk of midair collisions and improve
the use of the SJU airspace. The FAA amends the Class C airspace at the
San Juan Luis Munoz Marin International Airport (SJU) in Puerto Rico.
The existing airspace structure does not adequately address the traffic
conflicts that might arise when the SIG Airport Traffic Control Tower
(ATCT) is closed, and Visual Flight Rules (VFR) aircraft depart SIG and
subsequently transition eastbound through the SJU Class C airspace
prior to establishing communications with San Juan air traffic control.
Currently, SIG is considered a satellite airport to SJU, and thus
VFR aircraft departing SIG after the SIG ATCT closes only need to
contact San Juan air traffic control as soon as practicable, after
departing. Traffic conflicts occur when SIG ATCT closes, VFR aircraft
depart SIG to the east into SJU Class C airspace and have yet to
contact the San Juan air traffic controller. As a result, they could
possibly cause midair collisions. The FAA proposes a cutout to the SJU
Class C surface area near SIG airport to mitigate the identified safety
risks of possible traffic conflicts.
Creating a cutout to the northwest of the SJU Class C surface area
allows aircraft coming from the eastern side of SIG to operate without
entering the SJU Class C airspace and thus, enhance air traffic
efficiency. In addition, the cutout area places the SIG airport outside
of the SJC Class C surface area, and therefore, it would require all
VFR aircraft departing SIG to contact the San Juan air traffic control
prior to entering the SJC Class C airspace area. As a result, it will
create a safer airspace.
Regulatory Flexibility Act
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 final rule amends the Class C airspace at the SJU in Puerto
Rico. The FAA is taking this action to reduce the risk of midair
collisions and improve the use of the SJU airspace. The FAA determined
that changes put forth in this final rule increase airspace safety and
efficiency. The change affects general aviation operators using the
cutout of SJU Class C surface area when the SIG ATCT is closed, and VFR
aircraft depart SIG and subsequently transition eastbound through the
SJU Class C airspace prior to establishing communications with San Juan
air traffic control. The objectives of these changes are to enhance
safety and enable more efficient operations at SJU and SIG without
being burdensome to the industry. 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.
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 final rule and determined that it
should improve safety and is consistent with the Trade Agreements Act.
The FAA has assessed the potential effect of this final rule and
determined that it will improve safety and is consistent with the Trade
Agreements Act.
Unfunded Mandates Assessment
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a state,
local, or tribal government or the private sector to incur direct costs
without the Federal government having first provided the funds to pay
those costs. The FAA determined that the final rule will not result in
the expenditure of $177 million or more by State, local, or tribal
governments, in the aggregate, or the private sector, in any one year.
This final rule does not contain such a mandate; therefore, the Act
does not apply.
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
final rule.
Environmental Review
The FAA has determined that this action of modifying the SJU Class
C airspace by adding a cutout to the surface area near the SIG is
categorically excluded from further environmental review under the
National Environmental Policy Act (42 U.S.C. 4321 et seq.) and its
implementing regulations at 40 CFR part 1500, and in accordance with
FAA Order 1050.1F, Environmental Impacts: Policies and
[[Page 23512]]
Procedures, paragraph 5-6.5a, which categorically excludes from further
environmental impact review rulemaking actions that designate or modify
classes of airspace areas, airways, routes, and reporting points (see
14 CFR part 71, Designation of Class A, B, C, D, and E Airspace Areas;
Air Traffic Service Routes; and Reporting Points), and paragraph 5-
6.5i, which categorically excludes from further environmental review
the establishment of new or revised air traffic control procedures
conducted at 3,000 feet or more above ground level (AGL); procedures
conducted below 3,000 feet AGL that do not cause traffic to be
routinely routed over noise sensitive areas; modifications to currently
approved procedures conducted below 3,000 feet AGL that do not
significantly increase noise over noise sensitive areas; and increases
in minimum altitudes and landing minima, and paragraph 5-6.5k, which
categorically excludes from further environmental review the
publication of existing air traffic control procedures that do not
essentially change existing tracks, create new tracks, change altitude,
or change concentration of aircraft on these tracks. As such, this
action is not expected to result in any potentially significant
environmental impacts. In accordance with FAA Order 1050.1F, paragraph
5-2 regarding Extraordinary Circumstances, the FAA has reviewed this
action for factors and circumstances in which a normally categorically
excluded action may have a significant environmental impact requiring
further analysis. Accordingly, the FAA has determined that no
extraordinary circumstances exist that warrant preparation of an
environmental assessment or environmental impact study.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
The Amendment
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 14 CFR 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 FAA Order JO
7400.11H, Airspace Designations and Reporting Points, dated August 11,
2023, and effective September 15, 2023, is amended as follows:
Paragraph 4000. Class C Airspace.
* * * * *
ASO PR C San Juan, PR [Amended]
Luis Munoz Marin International Airport, PR
(Lat. 18[deg]26'22'' N, long. 066[deg]00'08'' W)
That airspace extending upward from the surface to and including
4,000 feet MSL within a 5-mile radius of the Luis Munoz Marin
International Airport beginning at lat. 18[deg]30'24'' N, long.
066[deg]03'16'' W, clockwise to lat. 18[deg]26'41'' N, long.
066[deg]05'23'' W, thence east to lat. 18[deg]26'42'' N, long
066[deg]03'34'' W, thence north to the beginning point; and that
airspace extending upward from 2,800 feet MSL to 4,000 feet MSL
within a 10-mile radius of the Luis Munoz Marin International
Airport from the 129[deg] bearing from the airport clockwise to the
189[deg] bearing from the airport; and that airspace extending
upward from 1,700 feet MSL to 4,000 feet MSL within a 10-mile radius
of the airport from the 189[deg] bearing from the airport clockwise
to the 229[deg] bearing from the airport; and that airspace
extending upward from 1,200 feet MSL to 4,000 feet MSL within a 10-
mile radius of the airport from the 229[deg] bearing from the
airport clockwise to the 129[deg] bearing from the airport.
* * * * *
Issued in Washington, DC, on March 29, 2024.
Frank Lias,
Manager, Rules and Regulations Group.
[FR Doc. 2024-07086 Filed 4-3-24; 8:45 am]
BILLING CODE 4910-13-P