[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