[Federal Register Volume 89, Number 183 (Friday, September 20, 2024)]
[Rules and Regulations]
[Pages 77015-77019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21465]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2024-0053; Airspace Docket No. 23-AWA-5]
RIN 2120-AA66
Amendment of Class C Airspace; Fort Lauderdale-Hollywood
International Airport, FL
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action amends the Fort Lauderdale-Hollywood International
Airport, FL (FLL), Class C airspace by subdividing the southwest corner
of Area E to reduce the lateral boundary of the FLL Class C airspace by
creating a new ``Area H'' southwest of the existing Area E with a floor
of 2,600 feet mean sea level (MSL) and a ceiling of 4,000 feet MSL. The
FAA is making this amendment to enhance safety and enable more
efficient operations for non-participating aircraft operations at North
Perry Airport, FL (HWO). Additionally, this action makes multiple minor
editorial amendments to the airspace description.
DATES: Effective date 0901 UTC, December 26, 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 7400.11J, 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, Policy Directorate, Federal Aviation Administration,
600 Independence Avenue SW, Washington, DC 20597; telephone: (202) 267-
8783.
FOR FURTHER INFORMATION CONTACT: Brian Vidis, Rules and Regulations
Group, Policy Directorate, Federal Aviation Administration, 600
Independence Avenue SW, Washington, DC 20597; 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 Fort Lauderdale, FL area.
History
The FAA published a NPRM for Docket No. FAA-2024-0053 in the
Federal Register (89 FR 27691; April 18, 2024) proposing to amend the
FLL, Class C airspace. Interested parties were invited to participate
in this rulemaking effort by submitting written comments on the
proposal. Ten comments were received.
Discussion of Comments
The FAA received nine comments supporting the amendment of the Fort
Lauderdale-Hollywood International Airport Class C airspace. One
comment was received that was outside of the scope of this rulemaking.
Differences From the NPRM
Subsequent to publication of the NPRM, the FAA identified
inconsistent boundary area language used in the Area A, B, D, E, F, and
G descriptions to describe boundaries aligned with either Oakland Park
Boulevard or Hollywood Boulevard. This action makes minor editorial
amendments to clearly indicate the affected area description boundaries
alignment with the roads by inserting the words ``aligned with'' to
each description referencing the roads.
In the Area A description, ``(the eastern most portion of Oakland
Park Boulevard located in Lauderdale Beach)'' is changed to read
``(aligned with the easternmost portion of Oakland Park Boulevard
located in Lauderdale Beach)''; and ``(the eastern most portion of
Hollywood Boulevard located in Hollywood)'' is changed to read
``(aligned with the easternmost portion of Hollywood Boulevard located
in Hollywood).'' In the Area B description, ``(the eastern most portion
of Oakland Park Boulevard located in Lauderdale Beach)'' is changed to
read ``(aligned with the easternmost portion of Oakland Park Boulevard
located in Lauderdale Beach).'' In the Area D description, ``(the
eastern most portion of Hollywood Boulevard located in Hollywood)'' is
changed to read ``(aligned with the easternmost portion of Hollywood
Boulevard located in Hollywood).'' In the Area E description, ``(the
eastern most portion of Oakland Park Boulevard located in Lauderdale
Beach)'' is changed to read ``(aligned with the easternmost portion of
Oakland Park Boulevard located in Lauderdale Beach).'' In the Area F
description, ``(the eastern most portion of Hollywood Boulevard located
in Hollywood)'' is changed to read ``(aligned with the easternmost
portion of Hollywood Boulevard located in Hollywood)''; and ``(the
eastern most portion of Oakland Park Boulevard located in Lauderdale
Beach)'' is changed to read ``(aligned with the easternmost portion of
Oakland Park Boulevard located in Lauderdale Beach).'' In the Area G
description, ``(the eastern most portion of Oakland Park Boulevard
located in Lauderdale Beach)'' is changed to read ``(aligned with the
easternmost portion of Oakland Park Boulevard located in Lauderdale
Beach)''; and ``(the eastern most portion of Hollywood Boulevard
located in Hollywood)'' is changed to read ``(aligned with the
easternmost portion of Hollywood Boulevard located in Hollywood).''
These minor editorial amendments are administrative and do not
affect the airspace boundaries or operating requirements.
[[Page 77016]]
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
7400.11J, dated July 31, 2024, and effective September 15, 2024. FAA
Order JO 7400.11J 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 7400.11J 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 updating the FLL, Class C
airspace description as published in FAA Order JO 7400.11J, Airspace
Designations and Reporting Points (see the attached chart).
The FAA subdivides Area E of the FLL Class C airspace into two
areas along a line extending between lat. 26[deg]05'22'' N, long.
080[deg]26'02'' W and lat. 26[deg]01'38'' N, long. 080[deg]23'44'' W.
The portion of Area E northeast of this subdivision boundary remains
with a floor of 1,500 feet MSL and a ceiling of 4,000 feet MSL. The FAA
creates a new area southwest of the subdivision boundary with a floor
of 2,600 feet MSL and a ceiling of 4,000 feet MSL. This new area is
referred to as ``Area H''. As amended, Area E extends upward from 1,500
feet MSL to 4,000 feet MSL, and Area H extends upward from 2,600 feet
MSL to 4,000 feet MSL. Additionally, the FAA adds an exclusion to Area
H that excludes the overlying Miami Class B airspace from Area H. When
flying either below the floor or above the ceiling of Area H, pilots
are not required to contact air traffic control.
The FAA also makes a minor correction to the first line of the
description's text header, listing just the city and state location of
the airport. This change follows the FAA's current airspace description
formatting requirements.
The FAA further makes a technical amendment to a geographic
coordinate in the description of Area E. This minor amendment to the
geographic coordinate more accurately describes the intersection of
where Area E meets U.S. Route 27. Updating this coordinate does not
change the boundary of Area E, but rather increases the accuracy of the
road due to digital precision survey. The geographic coordinate is
amended from ``lat. 26[deg]06'02'' N, long. 080[deg]26'27'' W.'' to
``lat. 26[deg]05'22'' N, long. 080[deg]26'02'' W.''
Additionally, the FAA makes a minor editorial change to the Area C
description to clarify that Area C excludes the overlying Miami Class B
airspace.
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 adjustment
for inflation is $183 million using the most current (2023) 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 the private sector.
This final rule made minor editorial changes to the airspace
description and clarified the description of Area C. These amendments
are administrative and have no economic impact on the industry. In
addition, the FAA created the new ``Area H'' southwest of the existing
Area E with a floor of 2,600 feet MSL and a ceiling of 4,000 feet MSL.
The remaining Area E continues to extend upward from 1,500 feet MSL to
4,000 feet MSL. The new Area H modification to the FLL Class C does not
diminish the level of safety for aircraft. The FAA believes the final
rule will increase safety and enable more efficient operations for non-
participating aircraft operations at HWO. Currently, pilots must fly
outside of the existing Area E to avoid communication with the air
traffic controller. By doing so, they compete for a small strip of
airspace to the south of the existing Area E. The new Area H will
provide more airspace for non-participating pilots to remain outside of
the FLL Class C airspace where they are not required to contact air
traffic control. However, air traffic control services such as traffic
advisories and safety alerts are still available to aircraft in that
airspace if a pilot chooses to contact air traffic control.
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 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 it will, it 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.
This final rule made minor editorial changes to the airspace
description and clarified the description of Area C. In addition, the
FAA created the new ``Area H'' southwest of the existing Area E with a
floor of 2,600 feet MSL and a ceiling of 4,000 feet MSL. The FAA is
[[Page 77017]]
taking this action to increase safety and enable more efficient
operations for non-participating aircraft operations at HWO. 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 impact 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 $183 million or more by State, local, or tribal
governments, in the aggregate, or the private sector, in any 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
this final rule has no new information collection requirement.
Environmental Review
The FAA has determined that this action of amending Class C
airspace at FLL qualifies for categorical exclusion 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 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 5-6.5k, 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 statement.
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
7400.11J, Airspace Designations and Reporting Points, dated July 31,
2024, and effective September 15, 2024, is amended as follows:
Paragraph 4000 Class C Airspace.
* * * * *
ASO FL C Fort Lauderdale, FL [Amended]
Fort Lauderdale-Hollywood International Airport, FL
(Lat. 26[deg]04'18'' N, long. 080[deg]08'59'' W)
Boundaries.
Area A. That airspace extending upward from the surface to and
including 4,000 feet MSL within a 7 nautical mile radius of Fort
Lauderdale-Hollywood International Airport, excluding the airspace
north of lat. 26[deg]10'03'' N, (aligned with the easternmost
portion of Oakland Park Boulevard located in Lauderdale Beach), and
bounded on the south by a 15 nautical mile radius of Miami
International Airport, and on the southeast by lat. 26[deg]00'39''
N, (aligned with the easternmost portion of Hollywood Boulevard
located in Hollywood).
Area B. That airspace extending upward from 1,200 feet MSL to
and including 4,000 feet MSL beginning at a point northwest of Fort
Lauderdale-Hollywood International Airport at the intersection of a
7 nautical mile radius of Fort Lauderdale-Hollywood International
Airport and lat. 26[deg]10'03'' N, thence moving west along lat.
26[deg]10'03'' N, (aligned with the easternmost portion of Oakland
Park Boulevard located in Lauderdale Beach), to a point that
intersects State Road 869/Sawgrass Expressway, thence moving south
along State Road 869/Sawgrass Expressway, [continuing south across
the intersection of State Road 869/Sawgrass Expressway, Interstate
595, and Interstate 75], and continuing south along Interstate 75 to
a point that intersects a 15 nautical mile radius of Miami
International Airport, thence moving clockwise along the 15 nautical
mile radius to a point that intersects the 7 nautical mile radius of
Fort Lauderdale-Hollywood International Airport, thence moving
clockwise along the 7 nautical mile radius to the point of
beginning.
Area C. That airspace extending upward from 3,000 feet MSL to
and including 4,000 feet MSL, excluding the airspace within the
Miami, FL, Class B airspace area, within an area bounded on the
north by lat. 26[deg]13'53'' N, (aligned with the eastern portion of
Atlantic Boulevard located in Pompano Beach), on the west by a 25
nautical mile radius of Fort Lauderdale-Hollywood International
Airport, on the south by lat. 25[deg]57'48'' N, on the southeast by
a 15 nautical mile radius of Miami International Airport, and on the
east by U.S. Route 27.
Area D. That airspace extending upward from 3,000 feet MSL to
and including 4,000 feet MSL within an area bounded on the north by
lat. 26[deg]13'53'' N, (aligned with the eastern portion of Atlantic
Boulevard located in Pompano Beach), on the east by a 25 nautical
mile radius of Fort Lauderdale-Hollywood International Airport, on
the south by lat. 26[deg]00'39'' N, (aligned with the easternmost
portion of Hollywood Boulevard located in Hollywood), and on the
west by a 20 nautical mile radius of Fort Lauderdale-Hollywood
International Airport.
Area E. That airspace extending upward from 1,500 feet MSL to
and including 4,000
[[Page 77018]]
feet MSL within an area bounded on the north by lat. 26[deg]10'03''
N, (aligned with the easternmost portion of Oakland Park Boulevard
located in Lauderdale Beach), on the east by the north-south portion
of Interstate 75 and State Road 869/Sawgrass Expressway, on the
south by a 15 nautical mile radius of Miami International Airport,
between Interstate 75/State Road 869/Sawgrass Expressway and lat.
26[deg]01'38'' N, long. 080[deg]23'44'' W, on the southwest by a
line extending from lat. 26[deg]01'38'' N, long. 080[deg]23'44'' W,
to lat. 26[deg]05'22'' N, long. 080[deg]26'02'' W, and on the west
by a line beginning at lat. 26[deg]05'22'' N, long. 080[deg]26'02''
W, and follows U.S. Route 27 north to the point of beginning.
Area F. That airspace extending upward from 2,500 feet MSL to
and including 4,000 feet MSL beginning northwest of Fort Lauderdale-
Hollywood International Airport at a point that intersects U.S.
Route 27 and lat. 26[deg]13'53'' N, (aligned with the eastern
portion of Atlantic Boulevard located in Pompano Beach), thence
moving east along lat. 26[deg]13'53'' N, to a point that intersects
a 20 nautical mile radius of Fort Lauderdale-Hollywood International
Airport, thence moving clockwise along the 20 nautical mile radius
to a point that intersects lat. 26[deg]00'39'' N, (aligned with the
easternmost portion of Hollywood Boulevard located in Hollywood),
thence moving west to a point that intersects a 15 nautical mile
radius of Fort Lauderdale-Hollywood International Airport, thence
moving counter-clockwise along the 15 nautical mile radius to a
point that intersects lat. 26[deg]10'03'' N, (aligned with the
easternmost portion of Oakland Park Boulevard located in Lauderdale
Beach), thence moving west along lat. 26[deg]10'03'' N, to a point
that intersects U.S. Route 27, thence moving north along U.S. Route
27 to the point of beginning.
Area G. That airspace extending upward from 1,200 feet MSL to
and including 4,000 feet MSL beginning northeast of Fort Lauderdale-
Hollywood International Airport at a point that intersects a 7
nautical mile radius of Fort Lauderdale-Hollywood International
Airport and lat. 26[deg]10'03'' N, (aligned with the easternmost
portion of Oakland Park Boulevard located in Lauderdale Beach),
thence moving clockwise along the 7 nautical mile radius to a point
that intersects lat. 26[deg]00'39'' N, (aligned with the easternmost
portion of Hollywood Boulevard located in Hollywood), thence moving
east along lat. 26[deg]00'39'' N, to a point that intersects a 15
nautical mile radius of Fort Lauderdale-Hollywood International
Airport, thence moving counter-clockwise along the 15 nautical mile
radius to a point that intersects lat. 26[deg]10'03'' N, thence
moving west along lat. 26[deg]10'03'' N, to the point of beginning.
Area H. That airspace extending upward from 2,600 feet MSL to
and including 4,000 feet MSL, excluding the airspace within the
Miami, FL, Class B airspace area. The area is bounded on the west by
the north-south portion of U.S. Route 27 beginning at the
intersection of a 15 nautical mile radius of Miami International
Airport to lat. 26[deg]05'22'' N, long. 080[deg]26'02'' W, on the
east by a line beginning at lat. 26[deg]05'22'' N, long.
080[deg]26'02'' W, moving southeast to lat. 26[deg]01'38'' N, long.
080[deg]23'44'' W, and on the south by a 15 nautical mile radius
from Miami International Airport between lat. 26[deg]01'38'' N,
long. 080[deg]23'44'' W and U.S. Route 27.
* * * * *
BILLING CODE 4910-13-P
[[Page 77019]]
[GRAPHIC] [TIFF OMITTED] TR20SE24.009
Issued in Washington, DC, on September 16, 2024.
Frank Lias,
Manager, Rules and Regulations Group.
[FR Doc. 2024-21465 Filed 9-19-24; 8:45 am]
BILLING CODE 4910-13-C