[Federal Register Volume 89, Number 121 (Monday, June 24, 2024)]
[Rules and Regulations]
[Pages 52359-52362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13737]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 93

[Docket No.: FAA-2024-1669; Amdt. No. 93-104]
RIN 2120-AM01


Valparaiso, Florida, Terminal Area

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action updates five latitude/longitude points in the 
description of the East-West Corridor of the Valparaiso, Florida, 
Terminal Area. The changes are needed to reconcile the coordinates of 
U.S. maritime limits described in the Valparaiso Terminal Area 
description with those maritime limits published by the National 
Oceanic and Atmospheric Administration (NOAA) pursuant to its statutory 
authority. The FAA has developed these revised coordinates using 
updated digital data that more precisely define maritime limits and 
other geophysical features used in the boundary descriptions. This 
action is administrative and does not make substantive changes to the 
Valparaiso, Florida, Terminal Area.

[[Page 52360]]


DATES: Effective 0901 UTC, August 23, 2024.

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

SUPPLEMENTARY INFORMATION:

I. Authority and Good Cause

A. Authority

    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 supports updating certain boundary coordinates for the special 
air traffic rules for aircraft operating in the Valparaiso, Florida, 
Terminal Area.

B. Good Cause for Immediate Adoption

    Section 553(b)(B) of the Administrative Procedure Act (APA) (5 
U.S.C.) authorizes agencies to dispense with notice and comment 
procedures for rules when the agency for ``good cause'' finds that 
those procedures are ``impracticable, unnecessary, or contrary to the 
public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without seeking comment prior to the 
rulemaking.
    The FAA has no discretion to change these coordinates. Therefore, 
the FAA finds that notice and public comment is unnecessary. This is an 
amendment to reconcile the coordinates of U.S. maritime limits 
described in the Valparaiso Terminal Area description with those 
maritime limits published by the National Oceanic and Atmospheric 
Administration (NOAA) pursuant to its statutory authority in title 33, 
United States Code, sections 883a-883d. This rule is an administrative 
reconciliation and does not affect the airspace's altitude or operating 
requirements. Therefore, the FAA has determined that notice and public 
comment are unnecessary.

II. Background and Discussion of the Final Rule

    The boundary coordinates and descriptions for the special air 
traffic rules for aircraft operating in the Valparaiso, Florida, 
Terminal Area are linked to the overlying restricted area latitude/
longitude coordinates. These restricted area boundary descriptions use 
maritime limits, such as references to the shoreline of the United 
States (U.S.), to identify the shape of the area (e.g., ``3 [nautical 
miles (NM)] from and parallel to the shoreline''). As such, the 
boundary descriptions contain latitude/longitude coordinates that were 
intended to intersect a line running 3 NM from and parallel to the 
shoreline.
    In 2018, following its receipt of updated digital data for maritime 
limits from the NOAA, the FAA published a final rule for Docket No. 
FAA-2018-0728 in the Federal Register (83 FR 40967, August 17, 2018), 
updating the overlying restricted airspace boundary descriptions in 
title 14 Code of Federal Regulations (14 CFR) part 73 to align with the 
NOAA's digital data. In that rulemaking, the FAA explained that its use 
of the NOAA's more precise digital data allowed it to accurately update 
the U.S. maritime limit boundaries used for aeronautical charting. 
Prior to the update, the maritime limit boundary data used for charting 
were over 25 years old. In applying the updated data, the FAA found 
that some boundary descriptions, based on the maritime limits, did not 
correspond to the updated shoreline data. Consequently, there were 
minor differences between some special flight rules areas latitude/
longitude coordinates and the overlying restricted airspace.
    This rulemaking action amends 14 CFR part 93 to similarly update 
the East-West Corridor of the Valparaiso, Florida, Terminal Area, to 
ensure that the published boundaries match the actual relation to both 
the U.S. shoreline and overlying restricted airspace to maintain 
aeronautical chart accuracy and consistency.
    Specifically, this action amends 14 CFR part 93 by updating the 
coordinates of five points in the description of the East-West Corridor 
of the Valparaiso, Florida, Terminal Area. The points under Sec.  
93.81(b) are amended as follows:

----------------------------------------------------------------------------------------------------------------
               Location                              Original points                         New points
----------------------------------------------------------------------------------------------------------------
Sec.   93.81(b)(1)...................  lat. 30[deg]22'47'' N, long.                lat. 30[deg]22'47'' N, long.
                                        86[deg]51'30'' W                            86[deg]51'30'' W
                                       lat. 30[deg]23'46'' N, long.                lat. 30[deg]23'46'' N, long.
                                        86[deg]38'15'' W                            86[deg]38'15'' W
                                       lat. 30[deg]20'51'' N, long.                lat. 30[deg]20'47'' N, long.
                                        86[deg]38'50'' W                            86[deg]38'51'' W *
                                       lat. 30[deg]19'31'' N, long.                lat. 30[deg]19'45'' N, long.
                                        86[deg]51'30''W                             86[deg]51'30'' W *
Sec.   93.81(b)(2)...................  lat. 30[deg]25'01'' N, long.                lat. 30[deg]25'01'' N, long.
                                        86[deg]38'12'' W                            86[deg]38'12'' W
                                       lat. 30[deg]25'01'' N, long.                lat. 30[deg]25'01'' N, long.
                                        86[deg]25'00'' W                            86[deg]25'00'' W
                                       lat. 30[deg]25'01'' N, long.                lat. 30[deg]25'01'' N, long.
                                        86[deg]22'26'' W                            86[deg]22'26'' W
                                       lat. 30[deg]19'46'' N, long.                lat. 30[deg]19'46'' N, long.
                                        86[deg]23'45'' W                            86[deg]23'45'' W
                                       lat. 30[deg]20'51'' N, long.                lat. 30[deg]20'47'' N, long.
                                        86[deg]38'50'' W                            86[deg]38'51'' W *
                                       lat. 30[deg]23'46'' N, long.                lat. 30[deg]23'46'' N, long.
                                        86[deg]38'15'' W                            86[deg]38'15'' W
Sec.   93.81(b)(3)...................  lat. 30[deg]25'01'' N, long.                lat. 30[deg]25'01'' N, long.
                                        86[deg]22'26'' W                            86[deg]22'26'' W
                                       lat. 30[deg]22'01'' N, long.                lat. 30[deg]22'01'' N, long.
                                        86[deg]08'00'' W                            86[deg]08'00'' W
                                       lat. 30[deg]19'16'' N, long.                lat. 30[deg]19'16'' N, long.
                                        85[deg]56'00'' W                            85[deg]56'00'' W
                                       lat. 30[deg]11'01'' N, long.                lat. 30[deg]11'08'' N, long.
                                        85[deg]56'00'' W                            85[deg]56'00'' W *
                                       lat. 30[deg]19'46'' N, long.                lat. 30[deg]19'41'' N, long.
                                        86[deg]23'45'' W                            86[deg]23'46'' W *
----------------------------------------------------------------------------------------------------------------
* Indicates those points revised in this final rule.

III. Regulatory Notices and Analyses

    Federal agencies consider impacts of regulatory actions under a 
variety of Executive orders and other requirements. First, Executive 
Order 12866 and Executive Order 13563, as amended by Executive Order 
14094 (``Modernizing Regulatory Review''), 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)

[[Page 52361]]

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 million or more 
(adjusted annually for inflation) in any one year. The current 
threshold after adjustment for inflation is $183 million using the most 
current (2023) Implicit Price Deflator for the Gross Domestic Product. 
This portion of the preamble summarizes the FAA's analysis of the 
economic impacts of this rule.
    In conducting these analyses, the FAA has determined this final 
rule has benefits that justify its costs. This rule is not a 
significant regulatory action, as defined in section 3(f) of Executive 
Order 12866 as amended by Executive Order 14094. As 5 U.S.C. 553 does 
not require notice and comment for this final rule, 5 U.S.C. 603 and 
604 do not require regulatory flexibility analyses regarding impacts on 
small entities. This rule will not create unnecessary obstacles to the 
foreign commerce of the United States. This rule will not impose an 
unfunded mandate on State, local, or Tribal governments, or on the 
private sector, by exceeding the threshold identified previously.

A. Regulatory Impact Analysis

    This rule is not a significant regulatory action as defined by 
section 3(f) of Executive Order 12866 as amended by Executive Order 
14094. This action updates five latitude/longitude points in the 
description of the East-West Corridor of the Valparaiso, Florida, 
Terminal Area. The changes are needed because the FAA has adopted 
updated digital data that more precisely define maritime limits and 
other geophysical features used in the boundary descriptions. This 
action is administrative and does not make substantive changes to the 
Valparaiso, Florida, Terminal Area.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA), in 5 U.S.C. 603, requires an 
agency to prepare an initial regulatory flexibility analysis describing 
impacts on small entities whenever 5 U.S.C. 553 or any other law 
requires an agency to publish a general notice of proposed rulemaking 
for any proposed rule. Similarly, 5 U.S.C. 604 requires an agency to 
prepare a final regulatory flexibility analysis when an agency issues a 
final rule under 5 U.S.C. 553 after that section or any other law 
requires publication of a general notice of proposed rulemaking. The 
FAA concludes good cause exists to forgo notice and comment for this 
rule. As 5 U.S.C. 553 does not require notice and comment in this 
situation, 5 U.S.C. 603 and 604 similarly do not require regulatory 
flexibility analyses.

C. 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 ensures the safety of the American public and does 
not exclude imports that meet this objective. As a result, the FAA does 
not consider this final rule as creating an unnecessary obstacle to 
foreign commerce.

D. 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 $183 million or more by State, local, or Tribal 
governments, in the aggregate, or the private sector, in any one year.

E. 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 will be no new requirement for information collection associated 
with this final rule.

F. International Compatibility and Cooperation

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to conform to 
International Civil Aviation Organization (ICAO) Standards and 
Recommended Practices to the maximum extent practicable. The FAA has 
determined that there are no ICAO Standards and Recommended Practices 
that correspond to these regulations.

G. Environmental Analysis

    FAA Order 1050.1F identifies FAA actions that are categorically 
excluded from preparation of an environmental assessment or 
environmental impact statement under the National Environmental Policy 
Act (NEPA) in the absence of extraordinary circumstances. The FAA has 
determined this rulemaking action qualifies for the categorical 
exclusion identified in paragraph 5-6.6f for regulations and involves 
no extraordinary circumstances.

IV. Executive Order Determinations

A. Executive Order 13132, Federalism

    The FAA has analyzed this final rule under the principles and 
criteria of Executive Order 13132, Federalism. The FAA has determined 
that this action will not have a substantial direct effect on the 
States, or the relationship between the Federal Government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, and, therefore, will not have federalism 
implications.

B. Executive Order 13211, Regulations That Significantly Affect Energy 
Supply, Distribution, or Use

    The FAA analyzed this final rule under Executive Order 13211, 
Actions Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use. The FAA has determined that it is not a 
``significant energy action'' under the Executive order and is not 
likely to have a significant adverse effect on the supply, 
distribution, or use of energy.

[[Page 52362]]

C. Executive Order 13609, Promoting International Regulatory 
Cooperation

    Executive Order 13609, Promoting International Regulatory 
Cooperation, promotes international regulatory cooperation to meet 
shared challenges involving health, safety, labor, security, 
environmental, and other issues and to reduce, eliminate, or prevent 
unnecessary differences in regulatory requirements. The FAA has 
analyzed this action under the policies and agency responsibilities of 
Executive Order 13609, and has determined that this action will have no 
effect on international regulatory cooperation.

V. Additional Information

A. Electronic Access and Filing

    A copy of this final rule and all background material may be viewed 
online at www.regulations.gov using the docket number listed above. A 
copy of this final rule will be placed in the docket. Electronic 
retrieval help and guidelines are available on the website. It is 
available 24 hours a day, 365 days a year. An electronic copy of this 
document may also be downloaded from the Office of the Federal 
Register's website at www.federalregister.gov and the Government 
Publishing Office's website at www.govinfo.gov. A copy may also be 
found on the FAA's Regulations and Policies website at www.faa.gov/regulations_policies.
    Copies may also be obtained by sending a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue SW, Washington, DC 20591, or by calling (202) 267-9677.
    All documents the FAA considered in developing this final rule, 
including economic analyses and technical reports, may be accessed in 
the electronic docket for this rulemaking.

B. Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996 requires the FAA to comply with small entity requests for 
information or advice about compliance with statutes and regulations 
within its jurisdiction. A small entity with questions regarding this 
document may contact its local FAA official or the person listed under 
the FOR FURTHER INFORMATION CONTACT heading at the beginning of the 
preamble. To find out more about SBREFA on the internet, visit 
www.faa.gov/regulations_policies/rulemaking/sbre_act/.

List of Subjects in 14 CFR Part 93

    Air traffic control, airports, airspace, navigation (air).

The Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration amends chapter I of title 14, Code of Federal 
Regulations as follows:

PART 93--SPECIAL AIR TRAFFIC RULES

0
1. The authority citation for part 93 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40103, 40106, 40109, 40113, 
44502, 44514, 44701, 44715, 44719, 46301.


0
2. Amend Sec.  93.81 by revising the paragraph heading for paragraph 
(a) and paragraph (b) to read as follows:


Sec.  93.81  Applicability and description of area.

* * * * *
    (a) North-South Corridor. * * *
    (b) East-West Corridor. The East-West Corridor is divided into 
three sections to accommodate the different altitudes as portions of 
the corridor underlie restricted areas R-2915C, R-2919B, and R-2914B.
    (1) The west section includes that airspace extending upward from 
the surface to but not including 8,500 feet MSL, bounded by a line 
beginning at: Latitude 30[deg]22'47'' N, Longitude 86[deg]51'30'' W: 
then along the shoreline to Latitude 30[deg]23'46'' N, Longitude 
86[deg]38'15'' W; to Latitude 30[deg]20'47'' N, Longitude-
86[deg]38'51'' W''; then 3 NM from and parallel to the shoreline to 
Latitude 30[deg]19'45'' N, Longitude 86[deg]51'30'' W''; to the 
beginning.
    (2) The center section includes that airspace extending upward from 
the surface to but not including 18,000 feet MSL, bounded by a line 
beginning at: Latitude 30[deg]25'01'' N, Longitude 86[deg]38'12'' W; to 
Latitude 30[deg]25'01'' N, Longitude 86[deg]25'00'' W; to Latitude 
30[deg]25'01'' N, Longitude 86[deg]22'26'' W; to Latitude 
30[deg]19'46'' N, Longitude 86[deg]23'45'' W; then 3 NM from and 
parallel to the shoreline to Latitude 30[deg]20'47'' N, Longitude 
86[deg]38'51'' W; to Latitude 30[deg]23'46'' N, Longitude 
86[deg]38'15'' W; to the beginning.
    (3) The east section includes that airspace extending upward from 
the surface to but not including 8,500 feet MSL, bounded by a line 
beginning at: Latitude 30[deg]25'01'' N, Longitude 86[deg]22'26'' W; to 
Latitude 30[deg]22'01'' N, Longitude 86[deg]08'00'' W; to Latitude 
30[deg]19'16'' N, Longitude 85[deg]56'00'' W; to Latitude 
30[deg]11'08'' N, Longitude 85[deg]56'00'' W; then 3 NM from and 
parallel to the shoreline to Latitude 30[deg]19'41'' N, Longitude 
86[deg]23'46'' W; to the beginning.

    Issued under authority provided by 49 U.S.C. 106(f) and 40103 in 
Washington, DC.
Michael Gordon Whitaker,
Administrator.
[FR Doc. 2024-13737 Filed 6-21-24; 8:45 am]
BILLING CODE 4910-13-P