[Federal Register Volume 64, Number 214 (Friday, November 5, 1999)]
[Rules and Regulations]
[Pages 60337-60339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29042]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Airspace Docket No. 99-ASO-1]
RIN 2120-AA66
Modification of the San Juan Low Offshore Airspace Area, PR
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action amends the San Juan Low Offshore Airspace Area by
extending it to include the airspace northwest of San Juan, PR, between
the 100-mile radius of the Fernando Luis Ribas Dominicci Airport and
the San Juan Control Area/Flight Information Region (CTA/FIR) and Miami
CTA/FIR boundary. This action increases the airspace managed by
domestic air traffic control (ATC). Extension of this Class E airspace
area will enhance the management of air traffic operations and result
in more efficient use of that airspace.
[[Page 60338]]
EFFECTIVE DATE: 0901 UTC, December 30, 1999.
FOR FURTHER INFORMATION CONTACT: Terry Brown, Airspace and Rules
Division, ATA-400, Office of Air Traffic Airspace Management, Federal
Aviation Administration, 800 Independence Avenue, SW., Washington, DC
20591; telephone: (202) 267-8783.
SUPPLEMENTARY INFORMATION:
Background
On March 2, 1993, the FAA published a final rule (58 FR 12128)
which, in part, designated the San Juan Low Offshore Airspace Area.
This designation was necessary to comply with the Airspace
Reclassification final rule (56 FR 65638; December 17, 1991). The San
Juan Low Offshore Airspace Area consists of Class E airspace from 5,500
feet mean sea level (MSL) up to, but not including, FL 180 within a
100-mile radius of the Fernando Luis Ribas Dominicci Airport, San Juan,
PR. This airspace, however, is inadequate to support the Caribbean
Special Area Navigation (RNAV) Routes currently being evaluated in the
Bahamas/Caribbean area due to the rapid growth of air traffic activity
in the area. Therefore, there is a need to designate additional
airspace wherein domestic ATC procedures will be used to provide more
efficient control of aircraft operations.
On June 7, 1999, the FAA proposed to amend the San Juan Low
Offshore Airspace Area (64 FR 30261). Interested parties were invited
to participate in this rulemaking effort by submitting written comments
on the proposal. In response to the notice, the FAA received one
comment from the Air Line Pilots Association supporting this action.
Except for editorial changes, this rule is the same as that proposed in
the notice.
The Rule
This action amends 14 CFR part 71 by amending the San Juan Low
Offshore Airspace Area. This extended area will consist of that portion
of offshore airspace northwest of San Juan, PR, between the 100-mile
radius of the Fernando Luis Ribas Dominicci Airport and the San Juan
CTA/FIR and Miami CTA/FIR boundary.
This modification will support the implementation of the Caribbean
Special RNAV Routes for aircraft equipped with advanced navigation
systems by creating a seamless environment of controlled airspace
between Florida and Puerto Rico. Increasing the airspace managed by
domestic ATC procedures will enhance safety, increase system capacity,
reduce the cost of aircraft operations, and decrease controller
workload.
Offshore airspace area designations are published in paragraph 6007
of FAA Order 7400.9G, dated September 1, 1999, and effective September
16, 1999, which is incorporated by reference in 14 CFR 71.1. The
Offshore airspace area listed in this document will be published
subsequently in the Order.
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.
This regulation 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.
International Civil Aviation Organization (ICAO) Considerations
As part of this rule relates to navigable airspace outside the
United States, this notice was submitted in accordance with the ICAO
International Standards and Recommended Practices.
The application of International Standards and Recommended
Practices by the FAA, Office of Air Traffic Airspace Management, in
areas outside U.S. domestic airspace is governed by the Convention on
International Civil Aviation. Specifically, the FAA is governed by
Article 12 and Annex 11, which pertain to the establishment of
necessary air navigational facilities and services to promote the safe,
orderly, and expeditious flow of civil air traffic. The purpose of
Article 12 and Annex 11 is to ensure that civil aircraft operations on
international air routes are performed under uniform conditions.
The International Standards and Recommended Practices in Annex 11
apply to airspace under the jurisdiction of a contracting state,
derived from ICAO. Annex 11 provisions apply when air traffic services
are provided and a contracting state accepts the responsibility of
providing air traffic services over high seas or in airspace of
undetermined sovereignty. A contracting state accepting this
responsibility may apply the International Standards and Recommended
Practices that are consistent with standards and practices utilized in
its domestic jurisdiction.
In accordance with Article 3 of the Convention, state-owned
aircraft are exempt from the Standards and Recommended Practices of
Annex 11. The United States is a contracting state to the Convention.
Article 3(d) of the Convention provides that participating state
aircraft will be operated in international airspace with due regard for
the safety of civil aircraft.
Because this amendment involves, in part, the designation of
navigable airspace outside of the United States, the Administrator has
consulted with the Secretary of State and the Secretary of Defense in
accordance with the provisions of Executive Order 10854.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:
PART 71--DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D AND
CLASS E AIRSPACE AREAS; AIRWAYS; 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.
Sec. 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9G, Airspace Designations and
Reporting Points, dated September 1, 1999, and effective September 16,
1999, is amended as follows:
Paragraph 6007 Offshore Airspace Areas
* * * * *
San Juan Low, PR [Revised]
That airspace extending upward from 5,500 feet MSL from the
point of intersection of the San Juan Oceanic CTA/FIR and Miami
Oceanic CTA/FIR boundary at lat. 21 deg.08'00'' N., long.
67 deg.45'00'' W., thence from that point southeast via a straight
line to intersect a 100-mile radius of the Fernando Luis Ribas
Dominicci Airport at lat. 19 deg.47'28'' N., long. 67 deg.09'37''
W., thence clockwise via a 100-mile radius of the Fernando Luis
Ribas Dominicci Airport to lat. 18 deg.53'05'' N., long.
67 deg.47'43'' W., thence from that point northwest via a straight
line to intersect the point where the Santo Domingo FIR turns
northwest at lat. 19 deg.39'00'' N., long. 69 deg.09'00'' W., thence
from that point northeast along the San Juan CTA/FIR and
[[Page 60339]]
Miami CTA/FIR boundary to the point of beginning.
* * * * *
Issued in Washington, DC, on November 1, 1999.
Reginald C. Matthews,
Manager, Airspace and Rules Division.
[FR Doc. 99-29042 Filed 11-4-99; 8:45 am]
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