Rule2024-07086
Amendment of Class C Airspace; San Juan Luis Munoz Marin International Airport, PR
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 4, 2024
Effective
July 11, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
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.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 66 (Thursday, April 4, 2024)</title>
</head>
<body><pre>
[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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 <a href="http://www.faa.gov/air_traffic/publications/">www.faa.gov/air_traffic/publications/</a>. 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
</pre></body>
</html>Indexed from Federal Register on April 4, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.