[Federal Register Volume 64, Number 108 (Monday, June 7, 1999)]
[Proposed Rules]
[Pages 30261-30263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-14214]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Airspace Docket No. 99-ASO-1]
Proposed Modification of the San Juan Low Offshore Airspace Area,
PR
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: This action proposes to amend 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
[[Page 30262]]
Miami CTA/FIR boundary. The FAA is proposing this action to increase
the airspace managed by domestic air traffic control (ATC). Extension
of this Class E airspace area would enhance the management of air
traffic operations and result in more efficient use of that airspace.
DATES: Comments must be received on or before July 19, 1999.
ADDRESSES: Send comments on the proposal in triplicate to: Manager, Air
Traffic Division, ASO-500, Docket No. 99-ASO-1, Federal Aviation
Administration, P.O. Box 20636, Atlanta, GA 30320. The official docket
may be examined in the Rules Docket, Office of the Chief Counsel, Room
916, 800 Independence Avenue, SW., Washington, DC, weekdays, except
Federal holidays, between 8:30 a.m. and 5:00 p.m.
An informal docket may also be examined during normal business
hours at the office of the Regional Air Traffic Division, ASO-500,
Federal Aviation Administration, P.O. Box 20636, Atlanta, GA 30320.
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:
Comments Invited
Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments providing supporting facts for the views and
suggestions presented are particularly helpful in developing reasoned
regulatory decisions on the proposal. Comments are specifically invited
on the overall regulatory, aeronautical, economic, environmental, and
energy-related aspects of the proposal. Communications should identify
the airspace docket number and be submitted in triplicate to the
address listed above. Commenters wishing the FAA to acknowledge receipt
of their comments on this action must submit with those comments a
self-addressed, stamped postcard on which the following statement is
made: ``Comments to Airspace Docket No. 99-ASO-1.'' The postcard will
be date/time stamped and returned to the commenter. All communications
received on or before the specified closing date for comments will be
considered before taking action on the proposed rule. The proposal
contained in this action may be changed in light of comments received.
All comments submitted will be available for examination in the Rules
Docket both before and after the closing date for comments. A report
summarizing each substantive public contact with FAA personnel
concerned with this rulemaking also will be filed in the docket.
Availability of NPRM's
An electronic copy of this document may be downloaded, using a
modem and suitable software, from the FAA regulations section of the
Fedworld electronic bulletin board service (telephone: 703-321-3339) or
the Federal Register's electronic bulletin board service (telephone:
202-512-1661). Internet users may reach the Federal Register's web page
at http://www.access.gpo.gov/nara for access to recently published
rulemaking documents.
Any person may obtain a copy of this Notice of Proposed Rulemaking
(NPRM) by submitting a request to the Federal Aviation Administration,
Office of Air Traffic Airspace Management, ATA-400, 800 Independence
Avenue, SW., Washington, DC 20591, or by calling (202) 267-8783.
Communications must identify the notice or docket number of this NPRM.
Persons interested in being placed on a mailing list for future NPRM's
should call the FAA's Office of Rulemaking, (202) 267-9677, for a copy
of Advisory Circular No. 11-2A, Notice of Proposed Rulemaking
Distribution System, which describes the application procedure.
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 up to, but not including, Fight Level 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 would be used to provide more
efficient control of aircraft operations.
The Proposal
The FAA is proposing to amend 14 CFR part 71 to extend the San Juan
Low Offshore Airspace Area. The proposed extension area would 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 would 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, would 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 7400.9F, dated September 10, 1998, and effective September
16, 1998, which is incorporated by reference in 14 CFR 71.1. The
offshore airspace area designation listed in this document would be
published subsequently in the Order.
The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this proposed regulation: (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 proposed 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.
ICAO Considerations
As part of this proposal relates to navigable airspace outside the
United States, this notice is submitted in accordance with the
International Civil Aviation Organization (ICAO) International
Standards and Recommended Practices.
The application of International Standards and Recommended
Practices by the FAA, Office of Air Traffic
[[Page 30263]]
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. Since this action involves, in part, the
designation of navigable airspace outside the United States, the
Administrator is consulting 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).
The Proposed Amendment
In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 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 7400.9F, Airspace Designations and
Reporting Points, dated September 10, 1998, and effective September 16,
1998, 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 interest 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 Miami CTA/
FIR boundary to the point of beginning.
* * * * *
Issued in Washington, DC, on May 28, 1999.
Paul Gallant,
Acting Program Director for Air Traffic Airspace Management.
[FR Doc. 99-14214 Filed 6-4-99; 8:45 am]
BILLING CODE 4910-13-P
