[Federal Register Volume 89, Number 66 (Thursday, April 4, 2024)]
[Rules and Regulations]
[Pages 23510-23512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07086]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-1906; Airspace Docket No. 22-AWA-3]
RIN 2120-AA66


Amendment of Class C Airspace; San Juan Luis Munoz Marin 
International Airport, PR

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action modifies the San Juan Luis Munoz Marin 
International Airport, PR (SJU), Class C airspace by adding a cutout to 
the surface area near the Fernando Luis Ribas Dominicci Airport, PR 
(SIG). The FAA is taking this action to enhance safety and enable more 
efficient operations at SJU and SIG.

DATES: Effective date 0901 UTC, July 11, 2024. The Director of the 
Federal Register approves this incorporation by reference action under 
1 CFR part 51, subject to the annual revision of FAA Order 7400.11 and 
publication of conforming amendments.

ADDRESSES: A copy of the Notice of Proposed Rulemaking (NPRM), all 
comments received, this final rule, and all background material may be 
viewed online at www.regulations.gov using the FAA Docket number. 
Electronic retrieval help and guidelines are available on the website. 
It is available 24 hours each day, 365 days each year.
    FAA Order JO 7400.11H, Airspace Designations and Reporting Points, 
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. You may also contact the Rules and 
Regulations Group, Office of Policy, Federal Aviation Administration, 
800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Brian Vidis, Rules and Regulations 
Group, Office of Policy, Federal Aviation Administration, 800 
Independence Avenue SW, Washington DC 20591; telephone: (202) 267-8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is 
found in Title 49 of the United States Code. Subtitle I, Section 106 
describes the authority of the FAA Administrator. Subtitle VII, 
Aviation Programs, describes in more detail the scope of the agency's 
authority. This rulemaking is promulgated under the authority described 
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, 
the FAA is charged with prescribing regulations to assign the use of 
the airspace necessary to ensure the safety of aircraft and the 
efficient use of airspace. This regulation is within the scope of that 
authority as it modifies terminal airspace as required to preserve the 
safe and efficient flow of air traffic in the San Juan, PR, area.

History

    The FAA published a NPRM for Docket No. FAA-2023-1906 in the 
Federal Register (88 FR 68509; October 4, 2023) proposing to modify the 
Class C airspace area surrounding SJU. Interested parties were invited 
to participate in this rulemaking effort by submitting written comments 
on the proposal. One comment was received from the Air Line Pilots 
Association International in support of the new SJU Class C airspace 
design.

Differences From the NPRM

    Subsequent to publication of the NPRM, the FAA identified that the 
SJU Airport Reference Point (ARP) geographic coordinates listed in the 
Class C airspace description had been rounded in error and published as 
``lat. 18[deg]26'22'' N, long. 66[deg]00'07'' W''. The correct ARP for 
SJU is ``lat. 18[deg]26'22'' N, long. 066[deg]00'08'' W''. The ARP for 
SJU is changed from ``lat. 18[deg]26'22'' N, long. 66[deg]00'07'' W'' 
to ``lat. 18[deg]26'22'' N, long. 066[deg]00'08''W''. This final rule 
corrects the error.

Incorporation by Reference

    Class C airspace designations are published in paragraph 4000 of 
FAA Order JO 7400.11, Airspace Designations and Reporting Points, which 
is incorporated by reference in 14 CFR 71.1 on an annual basis. This 
document amends the current version of that order, FAA Order JO 
7400.11H, dated August 11, 2023, and effective September 15, 2023. FAA 
Order JO 7400.11H is publicly available as listed in the ADDRESSES 
section of this document. This amendment will be published in the next 
update to FAA Order JO 7400.11.
    FAA Order JO 7400.11H lists Class A, B, C, D, and E airspace areas, 
air traffic service routes, and reporting points.

The Rule

    This action amends 14 CFR part 71 by modifying the San Juan Luis 
Munoz Marin International Airport (SJU), PR, Class C airspace 
description by adding a cutout to the Class C surface area northwest of 
SJU from the surface to but not including 1,200 feet above mean sea 
level (MSL). This amendment enhances flight safety by allowing aircraft 
departing runway 9 at Fernando Luis Ribas Dominicci Airport, PR (SIG), 
when the SIG air traffic control tower is closed, the ability to either 
remain outside of the San Juan, PR, Class C airspace by turning to the 
north and west or to have additional time to establish two-way radio 
communication with the San Juan air traffic control tower prior to 
entering the San Juan, PR, (SJU) Class C airspace.
    Additionally, the FAA corrects the first line of the Class C 
airspace description header information by only listing the city and 
territory location of the airport. This change follows the FAA's 
current airspace description format guidance.

Regulatory Notices and Analyses

    The FAA considers the impacts of regulatory actions under a variety 
of executive orders and other requirements. First, Executive Order 
12866 and Executive Order 13563 direct that each Federal agency shall 
propose or adopt a regulation only upon a reasoned determination that 
the benefits of the intended regulation justify the costs. Second, the 
Regulatory Flexibility Act of 1980 (Pub. L. 96-354) requires agencies 
to analyze the economic impact of regulatory changes on small entities. 
Third, the Trade Agreements Act (Pub. L. 96-39) prohibits agencies from 
setting standards that create unnecessary obstacles to the foreign 
commerce of the United States. Fourth, the Unfunded Mandates Reform Act 
of 1995 (Pub. L. 104-4) requires agencies to prepare a written 
assessment of the costs, benefits, and other effects of proposed or 
final rules that include a Federal mandate that may result in the 
expenditure by State, local, and tribal governments, in the aggregate, 
or by the private sector, of $100,000,000 or more (adjusted annually 
for inflation) in any one year. The current threshold after

[[Page 23511]]

adjustment for inflation is $177 million using the most current (2022) 
Implicit Price Deflator for the Gross Domestic Product. This portion of 
the preamble presents the FAA's analysis of the economic impacts of 
this rule.
    In conducting these analyses, the FAA has determined that this 
rule: will have a minimal cost impact; is not a ``significant 
regulatory action'' as defined in section 3(f)(1) of Executive Order 
12866 as amended by Executive Order 14094; will not have a significant 
economic impact on a substantial number of small entities; will not 
create unnecessary obstacles to the foreign commerce of the United 
States; and will not impose an unfunded mandate on State, local, or 
tribal governments, or on the private sector.
    As discussed above, the FAA determined that changes put forth in 
this final rule will reduce the risk of midair collisions and improve 
the use of the SJU airspace. The FAA amends the Class C airspace at the 
San Juan Luis Munoz Marin International Airport (SJU) in Puerto Rico. 
The existing airspace structure does not adequately address the traffic 
conflicts that might arise when the SIG Airport Traffic Control Tower 
(ATCT) is closed, and Visual Flight Rules (VFR) aircraft depart SIG and 
subsequently transition eastbound through the SJU Class C airspace 
prior to establishing communications with San Juan air traffic control.
    Currently, SIG is considered a satellite airport to SJU, and thus 
VFR aircraft departing SIG after the SIG ATCT closes only need to 
contact San Juan air traffic control as soon as practicable, after 
departing. Traffic conflicts occur when SIG ATCT closes, VFR aircraft 
depart SIG to the east into SJU Class C airspace and have yet to 
contact the San Juan air traffic controller. As a result, they could 
possibly cause midair collisions. The FAA proposes a cutout to the SJU 
Class C surface area near SIG airport to mitigate the identified safety 
risks of possible traffic conflicts.
    Creating a cutout to the northwest of the SJU Class C surface area 
allows aircraft coming from the eastern side of SIG to operate without 
entering the SJU Class C airspace and thus, enhance air traffic 
efficiency. In addition, the cutout area places the SIG airport outside 
of the SJC Class C surface area, and therefore, it would require all 
VFR aircraft departing SIG to contact the San Juan air traffic control 
prior to entering the SJC Class C airspace area. As a result, it will 
create a safer airspace.

Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA) 
establishes ``as a principle of regulatory issuance that agencies shall 
endeavor, consistent with the objectives of the rule and of applicable 
statutes, to fit regulatory and informational requirements to the scale 
of the businesses, organizations, and governmental jurisdictions 
subject to regulation.'' To achieve this principle, agencies are 
required to solicit and consider flexible regulatory proposals and to 
explain the rationale for their actions to assure that such proposals 
are given serious consideration.'' The RFA covers a wide range of small 
entities, including small businesses, not-for-profit organizations, and 
small governmental jurisdictions.
    Agencies must perform a review to determine whether a rule will 
have a significant economic impact on a substantial number of small 
entities. If the agency determines that it will, the agency must 
prepare a regulatory flexibility analysis as described in the RFA. 
However, if an agency determines that a rule is not expected to have a 
significant economic impact on a substantial number of small entities, 
section 605(b) of the RFA provides that the head of the agency may so 
certify, and a regulatory flexibility analysis is not required. The 
certification must include a statement providing the factual basis for 
this determination, and the reasoning should be clear.
    The final rule amends the Class C airspace at the SJU in Puerto 
Rico. The FAA is taking this action to reduce the risk of midair 
collisions and improve the use of the SJU airspace. The FAA determined 
that changes put forth in this final rule increase airspace safety and 
efficiency. The change affects general aviation operators using the 
cutout of SJU Class C surface area when the SIG ATCT is closed, and VFR 
aircraft depart SIG and subsequently transition eastbound through the 
SJU Class C airspace prior to establishing communications with San Juan 
air traffic control. The objectives of these changes are to enhance 
safety and enable more efficient operations at SJU and SIG without 
being burdensome to the industry. Therefore, as provided in section 
605(b), the head of the FAA certifies that this rulemaking will not 
result in a significant economic impact on a substantial number of 
small entities.

International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the 
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal 
agencies from establishing standards or engaging in related activities 
that create unnecessary obstacles to the foreign commerce of the United 
States. Pursuant to these Acts, the establishment of standards is not 
considered an unnecessary obstacle to the foreign commerce of the 
United States, so long as the standard has a legitimate domestic 
objective, such as the protection of safety, and does not operate in a 
manner that excludes imports that meet this objective. The statute also 
requires consideration of international standards and, where 
appropriate, that they be the basis for U.S. standards. The FAA has 
assessed the potential effect of this final rule and determined that it 
should improve safety and is consistent with the Trade Agreements Act. 
The FAA has assessed the potential effect of this final rule and 
determined that it will improve safety and is consistent with the Trade 
Agreements Act.

Unfunded Mandates Assessment

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a state, 
local, or tribal government or the private sector to incur direct costs 
without the Federal government having first provided the funds to pay 
those costs. The FAA determined that the final rule will not result in 
the expenditure of $177 million or more by State, local, or tribal 
governments, in the aggregate, or the private sector, in any one year. 
This final rule does not contain such a mandate; therefore, the Act 
does not apply.

Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires 
that the FAA consider the impact of paperwork and other information 
collection burdens imposed on the public. The FAA has determined that 
there is no new information collection requirement associated with this 
final rule.

Environmental Review

    The FAA has determined that this action of modifying the SJU Class 
C airspace by adding a cutout to the surface area near the SIG is 
categorically excluded from further environmental review under the 
National Environmental Policy Act (42 U.S.C. 4321 et seq.) and its 
implementing regulations at 40 CFR part 1500, and in accordance with 
FAA Order 1050.1F, Environmental Impacts: Policies and

[[Page 23512]]

Procedures, paragraph 5-6.5a, which categorically excludes from further 
environmental impact review rulemaking actions that designate or modify 
classes of airspace areas, airways, routes, and reporting points (see 
14 CFR part 71, Designation of Class A, B, C, D, and E Airspace Areas; 
Air Traffic Service Routes; and Reporting Points), and paragraph 5-
6.5i, which categorically excludes from further environmental review 
the establishment of new or revised air traffic control procedures 
conducted at 3,000 feet or more above ground level (AGL); procedures 
conducted below 3,000 feet AGL that do not cause traffic to be 
routinely routed over noise sensitive areas; modifications to currently 
approved procedures conducted below 3,000 feet AGL that do not 
significantly increase noise over noise sensitive areas; and increases 
in minimum altitudes and landing minima, and paragraph 5-6.5k, which 
categorically excludes from further environmental review the 
publication of existing air traffic control procedures that do not 
essentially change existing tracks, create new tracks, change altitude, 
or change concentration of aircraft on these tracks. As such, this 
action is not expected to result in any potentially significant 
environmental impacts. In accordance with FAA Order 1050.1F, paragraph 
5-2 regarding Extraordinary Circumstances, the FAA has reviewed this 
action for factors and circumstances in which a normally categorically 
excluded action may have a significant environmental impact requiring 
further analysis. Accordingly, the FAA has determined that no 
extraordinary circumstances exist that warrant preparation of an 
environmental assessment or environmental impact study.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR 
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as 
follows:


    Authority: 49 U.S.C. 106(f), 106(g), 40103, 40113, 40120; E.O. 
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.


Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO 
7400.11H, Airspace Designations and Reporting Points, dated August 11, 
2023, and effective September 15, 2023, is amended as follows:

Paragraph 4000. Class C Airspace.

* * * * *

ASO PR C San Juan, PR [Amended]

Luis Munoz Marin International Airport, PR
    (Lat. 18[deg]26'22'' N, long. 066[deg]00'08'' W)

    That airspace extending upward from the surface to and including 
4,000 feet MSL within a 5-mile radius of the Luis Munoz Marin 
International Airport beginning at lat. 18[deg]30'24'' N, long. 
066[deg]03'16'' W, clockwise to lat. 18[deg]26'41'' N, long. 
066[deg]05'23'' W, thence east to lat. 18[deg]26'42'' N, long 
066[deg]03'34'' W, thence north to the beginning point; and that 
airspace extending upward from 2,800 feet MSL to 4,000 feet MSL 
within a 10-mile radius of the Luis Munoz Marin International 
Airport from the 129[deg] bearing from the airport clockwise to the 
189[deg] bearing from the airport; and that airspace extending 
upward from 1,700 feet MSL to 4,000 feet MSL within a 10-mile radius 
of the airport from the 189[deg] bearing from the airport clockwise 
to the 229[deg] bearing from the airport; and that airspace 
extending upward from 1,200 feet MSL to 4,000 feet MSL within a 10-
mile radius of the airport from the 229[deg] bearing from the 
airport clockwise to the 129[deg] bearing from the airport.
* * * * *

    Issued in Washington, DC, on March 29, 2024.
Frank Lias,
Manager, Rules and Regulations Group.
[FR Doc. 2024-07086 Filed 4-3-24; 8:45 am]
BILLING CODE 4910-13-P