Lester Rodriguez

The current FAA rule for the South Florida Low restricts all offshore airspace to a flying floor of no lower than 2,700 feet MSL (mean sea level). All vectoring in the South Florida Low Offshore Airspace Area, which includes Myrtle Beach, SC; Fort Myers, FL; Fort Lauderdale, FL; and Miami, FL, is affected by the current rule and the proposed rule to modify the flying floor. Now, the FAA’s authority to issue rules regarding aviation safety is found in Title 49 of the United States. Current air traffic is returning to prior 9/11 periods and congestion is beginning to increase once again. We feel that this congestion causes many safety concerns for companies flying in altitudes where there is too much air traffic. The proposed rule is lowering the flying floor from 2,700 feet MSL to 1,300 feet MSL. With the recent increase in air traffic and also the unexpected change in aerial vehicles in the sky, lowering the airspace floor will alleviate some concern of over populated airspace, and lessen the worry of air planes colliding. Our group deems the proposed rule worthy for the following reasons. This proposed regulation: (1) Is not a ``significant regulatory action'' under Executive Order 12866; (2) is not a ``significant rule'' under Department of Transportation (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. With little impact on the economy the benefits of passing this rule far outweighs the risk involved to lowering the flying floor in the South Florida Low Region.