[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]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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]
BILLING CODE 4910-13-U