[Federal Register: March 12, 2009 (Volume 74, Number 47)]
[Rules and Regulations]
[Page 10676-10677]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12mr09-5]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2009-0053; Airspace Docket No. 09-ASO-11]
Modification of Class D and E Airspace, Removal of Class E
Airspace; Aguadilla, PR
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Direct final rule, request for comments.
-----------------------------------------------------------------------
SUMMARY: This action modifies Class D Airspace, modifies Class E
airspace designated as an extension to Class D surface area and removes
Class E airspace designated as surface area for an airport at
Aguadilla, PR. The Rafael Hernandez Airport Air Traffic Control Tower
will now operate on a full-time basis, thus the associated controlled
airspace is being modified and removed to reflect the change. This
action enhances the National Airspace System by providing controlled
airspace in the vicinity of Aguadilla, PR.
DATES: Effective 0901 UTC, May 7, 2009. The Director of the Federal
Register approves this incorporation by reference action under title 1,
Code of Federal Regulations, part 51, subject to the annual revision of
FAA Order 7400.9 and publication of conforming amendments. Comments for
inclusion in the Rules Docket must be received on or before April 27,
2009.
ADDRESSES: Send comments on this rule to: U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001;
Telephone: 1-800-647-5527; Fax: 202-493-2251. You must identify the
Docket Number FAA-2009-0053; Airspace Docket No. 09-ASO-11, at the
beginning of your comments. You may also submit and review received
comments through the Internet at http://www.regulations.gov.
You may review the public docket containing the rule, any comments
received, and any final disposition in person in the Dockets Office
(see ADDRESSES section for address and phone number) between 9 a.m. and
5 p.m., Monday through Friday, except Federal Holidays. An informal
docket may also be examined during normal business hours at the office
of the Eastern Service Center, Federal Aviation Administration, Room
210, 1701 Columbia Avenue, College Park, Georgia 30337.
FOR FURTHER INFORMATION CONTACT: Melinda Giddens, Operations Support
Group, Federal Aviation Administration, P.O. Box 20636, Atlanta,
Georgia 30320; Telephone (404) 305-5610, Fax 404-305-5572.
SUPPLEMENTARY INFORMATION:
The Direct Final Rule Procedure
The FAA anticipates that this regulation will not result in adverse
or negative comments, and, therefore, issues it as a direct final rule.
The FAA has determined that this rule only involves an established body
of technical regulations for which frequent and routine amendments are
necessary to keep them operationally current. Unless a written adverse
or negative comment or a written notice of intent to submit an adverse
or negative comment is received within the comment period, the
regulation will become effective on the date specified above. After the
close of the comment period, the FAA will publish a document in the
Federal Register indicating that no adverse or negative comments were
received and confirming the effective date. If the FAA receives, within
the comment period, an adverse or negative comment, or written notice
of intent to submit such a comment, a document withdrawing the direct
final rule will be published in the Federal Register, and a notice of
proposed rulemaking may be published with a new comment period.
Comments Invited
Although this action is in the form of a direct final rule, and was
not preceded by a notice of proposed rulemaking, interested persons are
invited to comment on this rule by submitting such written data, views,
or arguments as they may desire. The direct final rule is used in this
case to facilitate the timing of the charting schedule and enhance the
operation at the airport, while still allowing and requesting public
comment on this rulemaking action. An electronic copy of this document
may be downloaded from and comments submitted through http://
www.regulations.gov. Communications should identify both docket numbers
and be submitted in triplicate to the address specified under the
caption ADDRESSES above or through the website. All communications
received on or before the closing date for comments will be considered,
and this rule may be amended or withdrawn in light of the comments
received. Recently published rulemaking documents can also be accessed
through the FAA's web page at http://www.faa.gov/airports_airtraffic/
air_traffic/publications/airspace_amendments/.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the rule. Factual information that supports
the commenter's ideas and suggestions is extremely helpful in
evaluating the effectiveness of this action and determining whether
additional rulemaking action would be needed. All comments submitted
will be available, both before and after the closing date for comments,
in the Rules Docket for examination by interested persons. Those
wishing the FAA to acknowledge receipt of their comments submitted in
response to this rule must submit a self-addressed, stamped postcard on
which the following statement is made: ''Comments to Docket No. FAA-
2009-0053; Airspace Docket No. 09-ASO-11.'' The postcard will be date
stamped and returned to the commenter.
The Rule
The FAA is amending Title 14, Code of Federal Regulations (14 CFR)
part 71 by modifying the Class D and E airspace descriptions at
Aguadilla, PR to reflect the change to full-time operations of the Air
Traffic Control Tower of the Rafael
[[Page 10677]]
Hernandez Airport. The reference used in the legal descriptions to
impart a part-time operation of the Class D and E Airspace designated
as an extension to Class D surface area (E4) is being removed. The
Class E airspace designated as surface area for an airport (E2) will no
longer be required since the Class D Airspace will be in effect
continuously, thus, this amendment removes that E2 airspace associated
with Aguadilla, PR. Controlled airspace extending upward from the
surface of the Earth is required to encompass the airspace necessary
for instrument approaches for aircraft operating under Instrument
Flight Rules (IFR). The current Class D and E4 airspace areas are
sufficient for these approaches; no additional controlled airspace must
be defined. Designations for Class D and E airspace areas extending
upward from the surface of the Earth are published in FAA Order
7400.9S, signed October 3, 2008, and effective October 31, 2008, which
is incorporated by reference in 14 CFR 71.1. The Class D and E
designations listed in this document will be published subsequently in
the Order.
Agency Findings
The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among various levels of government. Therefore, it is
determined that this final rule does not have federalism implications
under Executive Order 13132.
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, is
non-controversial and unlikely to result in adverse or negative
comments. It, 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.
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
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 controlled airspace at Aguadilla, PR.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (Air).
Adoption of the Amendment
0
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 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]
0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.9S, Airspace Designations and Reporting
Points, signed October 3, 2008, effective October 31, 2008, is amended
as follows:
Paragraph 5000 Class D Airspace.
* * * * *
ASO PR D Aguadilla, PR [REVISED]
Rafael Hernandez Airport, PR
(Lat. 18[deg]29'42'' N., long 67[deg]07'46'' W.)
That airspace extending upward from the surface of the Earth to
and including 2,700 feet MSL within a 4.5-mile radius of the Rafael
Hernandez Airport.
* * * * *
Paragraph 6002 Class E Airspace Designated as Surface Areas.
* * * * *
ASO PR E2 Aguadilla, PR [REMOVE]
Rafael Hernandez Airport, PR
* * * * *
Paragraph 6004 Class E Airspace Designated as an Extension to a
Class D Surface Area.
* * * * *
ASO PR E4 Aguadilla, PR [REVISED]
Rafael Hernandez Airport, PR
(Lat. 18[deg]29'42'' N., long 67[deg]07'46'' W.)
Borinquen VORTAC
(Lat. 18[deg]29'53'' N., long 67[deg]06'30'' W.)
That airspace extending upward from the surface within 2.4 miles
each side of the Borinquen VORTAC 257[deg] radial extending from the
4.5 mile radius to 7 miles west of the VORTAC.
* * * * *
Issued in College Park, Georgia, on February 25, 2009.
Barry A. Knight,
Acting Manager, Operations Support Group, Eastern Service Center, Air
Traffic Organization.
[FR Doc. E9-5282 Filed 3-11-09; 8:45 am]
BILLING CODE 4910-13-P