Rule2024-13737
Valparaiso, Florida, Terminal Area
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
June 24, 2024
Effective
August 23, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
This action updates five latitude/longitude points in the description of the East-West Corridor of the Valparaiso, Florida, Terminal Area. The changes are needed to reconcile the coordinates of U.S. maritime limits described in the Valparaiso Terminal Area description with those maritime limits published by the National Oceanic and Atmospheric Administration (NOAA) pursuant to its statutory authority. The FAA has developed these revised coordinates using updated digital data that more precisely define maritime limits and other geophysical features used in the boundary descriptions. This action is administrative and does not make substantive changes to the Valparaiso, Florida, Terminal Area.
Full Text
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<title>Federal Register, Volume 89 Issue 121 (Monday, June 24, 2024)</title>
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[Federal Register Volume 89, Number 121 (Monday, June 24, 2024)]
[Rules and Regulations]
[Pages 52359-52362]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-13737]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 93
[Docket No.: FAA-2024-1669; Amdt. No. 93-104]
RIN 2120-AM01
Valparaiso, Florida, Terminal Area
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action updates five latitude/longitude points in the
description of the East-West Corridor of the Valparaiso, Florida,
Terminal Area. The changes are needed to reconcile the coordinates of
U.S. maritime limits described in the Valparaiso Terminal Area
description with those maritime limits published by the National
Oceanic and Atmospheric Administration (NOAA) pursuant to its statutory
authority. The FAA has developed these revised coordinates using
updated digital data that more precisely define maritime limits and
other geophysical features used in the boundary descriptions. This
action is administrative and does not make substantive changes to the
Valparaiso, Florida, Terminal Area.
[[Page 52360]]
DATES: Effective 0901 UTC, August 23, 2024.
FOR FURTHER INFORMATION CONTACT: Robert Schafer, Rules and Regulations
Group, Office of Policy, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.
SUPPLEMENTARY INFORMATION:
I. Authority and Good Cause
A. Authority
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 supports updating certain boundary coordinates for the special
air traffic rules for aircraft operating in the Valparaiso, Florida,
Terminal Area.
B. Good Cause for Immediate Adoption
Section 553(b)(B) of the Administrative Procedure Act (APA) (5
U.S.C.) authorizes agencies to dispense with notice and comment
procedures for rules when the agency for ``good cause'' finds that
those procedures are ``impracticable, unnecessary, or contrary to the
public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without seeking comment prior to the
rulemaking.
The FAA has no discretion to change these coordinates. Therefore,
the FAA finds that notice and public comment is unnecessary. This is an
amendment to reconcile the coordinates of U.S. maritime limits
described in the Valparaiso Terminal Area description with those
maritime limits published by the National Oceanic and Atmospheric
Administration (NOAA) pursuant to its statutory authority in title 33,
United States Code, sections 883a-883d. This rule is an administrative
reconciliation and does not affect the airspace's altitude or operating
requirements. Therefore, the FAA has determined that notice and public
comment are unnecessary.
II. Background and Discussion of the Final Rule
The boundary coordinates and descriptions for the special air
traffic rules for aircraft operating in the Valparaiso, Florida,
Terminal Area are linked to the overlying restricted area latitude/
longitude coordinates. These restricted area boundary descriptions use
maritime limits, such as references to the shoreline of the United
States (U.S.), to identify the shape of the area (e.g., ``3 [nautical
miles (NM)] from and parallel to the shoreline''). As such, the
boundary descriptions contain latitude/longitude coordinates that were
intended to intersect a line running 3 NM from and parallel to the
shoreline.
In 2018, following its receipt of updated digital data for maritime
limits from the NOAA, the FAA published a final rule for Docket No.
FAA-2018-0728 in the Federal Register (83 FR 40967, August 17, 2018),
updating the overlying restricted airspace boundary descriptions in
title 14 Code of Federal Regulations (14 CFR) part 73 to align with the
NOAA's digital data. In that rulemaking, the FAA explained that its use
of the NOAA's more precise digital data allowed it to accurately update
the U.S. maritime limit boundaries used for aeronautical charting.
Prior to the update, the maritime limit boundary data used for charting
were over 25 years old. In applying the updated data, the FAA found
that some boundary descriptions, based on the maritime limits, did not
correspond to the updated shoreline data. Consequently, there were
minor differences between some special flight rules areas latitude/
longitude coordinates and the overlying restricted airspace.
This rulemaking action amends 14 CFR part 93 to similarly update
the East-West Corridor of the Valparaiso, Florida, Terminal Area, to
ensure that the published boundaries match the actual relation to both
the U.S. shoreline and overlying restricted airspace to maintain
aeronautical chart accuracy and consistency.
Specifically, this action amends 14 CFR part 93 by updating the
coordinates of five points in the description of the East-West Corridor
of the Valparaiso, Florida, Terminal Area. The points under Sec.
93.81(b) are amended as follows:
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Location Original points New points
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Sec. 93.81(b)(1)................... lat. 30[deg]22'47'' N, long. lat. 30[deg]22'47'' N, long.
86[deg]51'30'' W 86[deg]51'30'' W
lat. 30[deg]23'46'' N, long. lat. 30[deg]23'46'' N, long.
86[deg]38'15'' W 86[deg]38'15'' W
lat. 30[deg]20'51'' N, long. lat. 30[deg]20'47'' N, long.
86[deg]38'50'' W 86[deg]38'51'' W *
lat. 30[deg]19'31'' N, long. lat. 30[deg]19'45'' N, long.
86[deg]51'30''W 86[deg]51'30'' W *
Sec. 93.81(b)(2)................... lat. 30[deg]25'01'' N, long. lat. 30[deg]25'01'' N, long.
86[deg]38'12'' W 86[deg]38'12'' W
lat. 30[deg]25'01'' N, long. lat. 30[deg]25'01'' N, long.
86[deg]25'00'' W 86[deg]25'00'' W
lat. 30[deg]25'01'' N, long. lat. 30[deg]25'01'' N, long.
86[deg]22'26'' W 86[deg]22'26'' W
lat. 30[deg]19'46'' N, long. lat. 30[deg]19'46'' N, long.
86[deg]23'45'' W 86[deg]23'45'' W
lat. 30[deg]20'51'' N, long. lat. 30[deg]20'47'' N, long.
86[deg]38'50'' W 86[deg]38'51'' W *
lat. 30[deg]23'46'' N, long. lat. 30[deg]23'46'' N, long.
86[deg]38'15'' W 86[deg]38'15'' W
Sec. 93.81(b)(3)................... lat. 30[deg]25'01'' N, long. lat. 30[deg]25'01'' N, long.
86[deg]22'26'' W 86[deg]22'26'' W
lat. 30[deg]22'01'' N, long. lat. 30[deg]22'01'' N, long.
86[deg]08'00'' W 86[deg]08'00'' W
lat. 30[deg]19'16'' N, long. lat. 30[deg]19'16'' N, long.
85[deg]56'00'' W 85[deg]56'00'' W
lat. 30[deg]11'01'' N, long. lat. 30[deg]11'08'' N, long.
85[deg]56'00'' W 85[deg]56'00'' W *
lat. 30[deg]19'46'' N, long. lat. 30[deg]19'41'' N, long.
86[deg]23'45'' W 86[deg]23'46'' W *
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* Indicates those points revised in this final rule.
III. Regulatory Notices and Analyses
Federal agencies consider impacts of regulatory actions under a
variety of Executive orders and other requirements. First, Executive
Order 12866 and Executive Order 13563, as amended by Executive Order
14094 (``Modernizing Regulatory Review''), 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)
[[Page 52361]]
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 million or more
(adjusted annually for inflation) in any one year. The current
threshold after adjustment for inflation is $183 million using the most
current (2023) Implicit Price Deflator for the Gross Domestic Product.
This portion of the preamble summarizes the FAA's analysis of the
economic impacts of this rule.
In conducting these analyses, the FAA has determined this final
rule has benefits that justify its costs. This rule is not a
significant regulatory action, as defined in section 3(f) of Executive
Order 12866 as amended by Executive Order 14094. As 5 U.S.C. 553 does
not require notice and comment for this final rule, 5 U.S.C. 603 and
604 do not require regulatory flexibility analyses regarding impacts on
small entities. This rule will not create unnecessary obstacles to the
foreign commerce of the United States. This rule will not impose an
unfunded mandate on State, local, or Tribal governments, or on the
private sector, by exceeding the threshold identified previously.
A. Regulatory Impact Analysis
This rule is not a significant regulatory action as defined by
section 3(f) of Executive Order 12866 as amended by Executive Order
14094. This action updates five latitude/longitude points in the
description of the East-West Corridor of the Valparaiso, Florida,
Terminal Area. The changes are needed because the FAA has adopted
updated digital data that more precisely define maritime limits and
other geophysical features used in the boundary descriptions. This
action is administrative and does not make substantive changes to the
Valparaiso, Florida, Terminal Area.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA), in 5 U.S.C. 603, requires an
agency to prepare an initial regulatory flexibility analysis describing
impacts on small entities whenever 5 U.S.C. 553 or any other law
requires an agency to publish a general notice of proposed rulemaking
for any proposed rule. Similarly, 5 U.S.C. 604 requires an agency to
prepare a final regulatory flexibility analysis when an agency issues a
final rule under 5 U.S.C. 553 after that section or any other law
requires publication of a general notice of proposed rulemaking. The
FAA concludes good cause exists to forgo notice and comment for this
rule. As 5 U.S.C. 553 does not require notice and comment in this
situation, 5 U.S.C. 603 and 604 similarly do not require regulatory
flexibility analyses.
C. 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 ensures the safety of the American public and does
not exclude imports that meet this objective. As a result, the FAA does
not consider this final rule as creating an unnecessary obstacle to
foreign commerce.
D. 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 $183 million or more by State, local, or Tribal
governments, in the aggregate, or the private sector, in any one year.
E. 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 will be no new requirement for information collection associated
with this final rule.
F. International Compatibility and Cooperation
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to conform to
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA has
determined that there are no ICAO Standards and Recommended Practices
that correspond to these regulations.
G. Environmental Analysis
FAA Order 1050.1F identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act (NEPA) in the absence of extraordinary circumstances. The FAA has
determined this rulemaking action qualifies for the categorical
exclusion identified in paragraph 5-6.6f for regulations and involves
no extraordinary circumstances.
IV. Executive Order Determinations
A. Executive Order 13132, Federalism
The FAA has analyzed this final rule under the principles and
criteria of Executive Order 13132, Federalism. The FAA has determined
that this action will not have a substantial direct effect on the
States, or the relationship between the Federal Government and the
States, or on the distribution of power and responsibilities among the
various levels of government, and, therefore, will not have federalism
implications.
B. Executive Order 13211, Regulations That Significantly Affect Energy
Supply, Distribution, or Use
The FAA analyzed this final rule under Executive Order 13211,
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use. The FAA has determined that it is not a
``significant energy action'' under the Executive order and is not
likely to have a significant adverse effect on the supply,
distribution, or use of energy.
[[Page 52362]]
C. Executive Order 13609, Promoting International Regulatory
Cooperation
Executive Order 13609, Promoting International Regulatory
Cooperation, promotes international regulatory cooperation to meet
shared challenges involving health, safety, labor, security,
environmental, and other issues and to reduce, eliminate, or prevent
unnecessary differences in regulatory requirements. The FAA has
analyzed this action under the policies and agency responsibilities of
Executive Order 13609, and has determined that this action will have no
effect on international regulatory cooperation.
V. Additional Information
A. Electronic Access and Filing
A copy of this final rule and all background material may be viewed
online at <a href="http://www.regulations.gov">www.regulations.gov</a> using the docket number listed above. A
copy of this final rule will be placed in the docket. Electronic
retrieval help and guidelines are available on the website. It is
available 24 hours a day, 365 days a year. An electronic copy of this
document may also be downloaded from the Office of the Federal
Register's website at <a href="http://www.federalregister.gov">www.federalregister.gov</a> and the Government
Publishing Office's website at <a href="http://www.govinfo.gov">www.govinfo.gov</a>. A copy may also be
found on the FAA's Regulations and Policies website at <a href="http://www.faa.gov/regulations_policies">www.faa.gov/regulations_policies</a>.
Copies may also be obtained by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW, Washington, DC 20591, or by calling (202) 267-9677.
All documents the FAA considered in developing this final rule,
including economic analyses and technical reports, may be accessed in
the electronic docket for this rulemaking.
B. Small Business Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires the FAA to comply with small entity requests for
information or advice about compliance with statutes and regulations
within its jurisdiction. A small entity with questions regarding this
document may contact its local FAA official or the person listed under
the FOR FURTHER INFORMATION CONTACT heading at the beginning of the
preamble. To find out more about SBREFA on the internet, visit
<a href="http://www.faa.gov/regulations_policies/rulemaking/sbre_act/">www.faa.gov/regulations_policies/rulemaking/sbre_act/</a>.
List of Subjects in 14 CFR Part 93
Air traffic control, airports, airspace, navigation (air).
The Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends chapter I of title 14, Code of Federal
Regulations as follows:
PART 93--SPECIAL AIR TRAFFIC RULES
0
1. The authority citation for part 93 continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40103, 40106, 40109, 40113,
44502, 44514, 44701, 44715, 44719, 46301.
0
2. Amend Sec. 93.81 by revising the paragraph heading for paragraph
(a) and paragraph (b) to read as follows:
Sec. 93.81 Applicability and description of area.
* * * * *
(a) North-South Corridor. * * *
(b) East-West Corridor. The East-West Corridor is divided into
three sections to accommodate the different altitudes as portions of
the corridor underlie restricted areas R-2915C, R-2919B, and R-2914B.
(1) The west section includes that airspace extending upward from
the surface to but not including 8,500 feet MSL, bounded by a line
beginning at: Latitude 30[deg]22'47'' N, Longitude 86[deg]51'30'' W:
then along the shoreline to Latitude 30[deg]23'46'' N, Longitude
86[deg]38'15'' W; to Latitude 30[deg]20'47'' N, Longitude-
86[deg]38'51'' W''; then 3 NM from and parallel to the shoreline to
Latitude 30[deg]19'45'' N, Longitude 86[deg]51'30'' W''; to the
beginning.
(2) The center section includes that airspace extending upward from
the surface to but not including 18,000 feet MSL, bounded by a line
beginning at: Latitude 30[deg]25'01'' N, Longitude 86[deg]38'12'' W; to
Latitude 30[deg]25'01'' N, Longitude 86[deg]25'00'' W; to Latitude
30[deg]25'01'' N, Longitude 86[deg]22'26'' W; to Latitude
30[deg]19'46'' N, Longitude 86[deg]23'45'' W; then 3 NM from and
parallel to the shoreline to Latitude 30[deg]20'47'' N, Longitude
86[deg]38'51'' W; to Latitude 30[deg]23'46'' N, Longitude
86[deg]38'15'' W; to the beginning.
(3) The east section includes that airspace extending upward from
the surface to but not including 8,500 feet MSL, bounded by a line
beginning at: Latitude 30[deg]25'01'' N, Longitude 86[deg]22'26'' W; to
Latitude 30[deg]22'01'' N, Longitude 86[deg]08'00'' W; to Latitude
30[deg]19'16'' N, Longitude 85[deg]56'00'' W; to Latitude
30[deg]11'08'' N, Longitude 85[deg]56'00'' W; then 3 NM from and
parallel to the shoreline to Latitude 30[deg]19'41'' N, Longitude
86[deg]23'46'' W; to the beginning.
Issued under authority provided by 49 U.S.C. 106(f) and 40103 in
Washington, DC.
Michael Gordon Whitaker,
Administrator.
[FR Doc. 2024-13737 Filed 6-21-24; 8:45 am]
BILLING CODE 4910-13-P
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