[Federal Register Volume 64, Number 110 (Wednesday, June 9, 1999)]
[Rules and Regulations]
[Pages 30888-30890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-14601]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 97-ASO-21]
RIN 2120-AA66


Establishment of the San Juan High Offshore Airspace Area, PR

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes the San Juan High Offshore Airspace 
Area. This action designates Class A airspace, extending upward from 
18,000 feet mean sea level (MSL) to and including flight level (FL) 
600, within a 100-mile radius of the Fernando Luis Ribas Dominicci 
Airport, San Juan, PR. This action provides additional airspace within 
which domestic air traffic control (ATC) procedures will be used. 
Establishment of this Class A airspace will enhance the management of 
air traffic operations and result in more efficient use of that 
airspace.

EFFECTIVE DATE: 0901 UTC, September 9, 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

[[Page 30889]]

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 MSL up to, but not including, FL 180 within a 
100-mile radius of the Fernando Luis Ribas Dominicci Airport, San Juan, 
PR. The rule, however, did not affect the status of airspace at and 
above FL 180 within the San Juan domestic control area, which remains 
international airspace and wherein International Civil Aviation 
Organization (ICAO) oceanic ATC separation procedures in Annex 11 
apply.
    As a result of the rapid growth of air traffic activity in the 
Bahamas and Caribbean areas, there is a need to designate additional 
airspace wherein domestic ATC procedures will be used to provide more 
efficient control of aircraft operations. On January 25, 1999, the FAA 
proposed to establish the San Juan High Offshore Airspace Area (64 FR 
3666). 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. This action designates a 
high-altitude strata that will increase system capacity, enhance 
safety, and enable more efficient use of the airspace.
    Additionally, the number of operational ground-based navigation 
aids (NAVAIDS) in the region has declined due to the loss of facilities 
caused by unprecedented storm damage, and the difficulty of replacing 
aging equipment at remote sites. Establishing the San Juan High 
Offshore Airspace Area will support the development of additional 
routes, not dependent on ground-based NAVAIDS, to supplement the 
current airway system. Except for editorial changes, this rule is the 
same as that proposed in the notice.
    Offshore airspace area designations are published in paragraph 2003 
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 listed in this document will be published 
subsequently in the Order.

The Rule

    This action amends 14 CFR part 71 by establishing the San Juan High 
Offshore Airspace Area. This area will consist of Class A airspace, 
extending upward from 18,000 MSL up to and including FL 600, within a 
100-mile radius of the Fernando Luis Ribas Dominicci Airport, San Juan, 
PR. This action will facilitate the application of domestic ATC 
procedures within that airspace, thereby enhancing the flow of air 
traffic and increasing system capacity. In addition, this action will 
enhance safety by providing for the positive control of all aircraft 
operating in the area. This action will also support the development of 
a more efficient route system in the Bahamas-Caribbean area and will 
enable airspace classification and ATC separation procedures to be 
consistently applied between Florida and Puerto Rico. Finally, this 
modification will establish the same classification and operating rules 
that currently apply in adjacent airspace.
    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.

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 the 
document is to ensure that civil aircraft operations on international 
air routes are performed under uniform conditions.
    The International Standards and Recommended Practices (SARP) 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 SARP 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 7400.9F, Airspace Designations and 
Reporting Points, dated September 10, 1998, and effective September 16, 
1998, is amended as follows:

Paragraph 2003-Offshore Airspace Areas

* * * * *

San Juan High, PR [New]

Fernando Luis Ribas Dominicci Airport, PR
    (Lat. 18 deg.27'25'' N., long. 66 deg.05'53'' W.)

    That airspace extending upward from 18,000 feet MSL to and 
including FL 600 within a 100-mile radius of the Fernando Luis Ribas 
Dominicci Airport.
* * * * *

[[Page 30890]]

    Issued in Washington, DC, on June 2, 1999.
Reginald C. Matthews,
Acting Program Director for Air Traffic Airspace Management.
[FR Doc. 99-14601 Filed 6-8-99; 8:45 am]
BILLING CODE 4910-13-P