[Federal Register Volume 88, Number 191 (Wednesday, October 4, 2023)]
[Proposed Rules]
[Pages 68509-68512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21894]


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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: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend the San Juan Luis Munoz Marin 
International Airport, PR (SJU) Class C airspace by removing a cutout 
to the surface area near the Fernando Luis Ribas Dominicci Airport, PR 
(SIG). The proposed cutout would allow for aircraft to operate at SIG 
without entering the SJU Class C airspace. The FAA is proposing this 
amendment to enhance safety and enable more efficient operations at SJU 
and SIG.

DATES: Comments must be received on or before December 4, 2023.

ADDRESSES: Send comments identified by FAA Docket No. FAA-2023-1906 and 
Airspace Docket No. 22-AWA-3 using any of the following methods:
    * Federal eRulemaking Portal: Go to www.regulations.gov and follow 
the online instructions for sending your comments electronically.
    * Mail: Send comments to Docket Operations, M-30; U.S. Department 
of Transportation, 1200 New Jersey Avenue SE, Room W12-140, West 
Building Ground Floor, Washington, DC 20590-0001.
    * Hand Delivery or Courier: Take comments to Docket Operations in 
Room W12-140 of the West Building Ground Floor at 1200 New Jersey 
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays.
    * Fax: Fax comments to Docket Operations at (202) 493-2251.
    Docket: Background documents or comments received may be read at 
www.regulations.gov at any time. Follow the online instructions for 
accessing the docket or go to the Docket Operations in Room W12-140 of 
the West Building Ground Floor at 1200 New Jersey Avenue SE, 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.
    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 would modify terminal airspace as required to preserve 
the safe and efficient flow of air traffic in the San Juan, PR, area.

Comments Invited

    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or views. Comments are 
specifically invited on the overall regulatory, aeronautical, economic, 
environmental, and energy-related aspects of the proposal. The most 
helpful comments reference a specific portion of the proposal, explain 
the reason for any recommended change, and include supporting data. To 
ensure the docket does not contain duplicate comments, commenters 
should submit only one time if comments are filed electronically, or 
commenters should send only one copy of written comments if comments 
are filed in writing.
    The FAA will file in the docket all comments it receives, as well 
as a report summarizing each substantive public contact with FAA 
personnel concerning this proposed rulemaking. Before acting on this 
proposal, the FAA will consider all comments it receives on or before 
the closing date for comments. The FAA will consider comments filed 
after the comment period has closed if it is possible to do so without 
incurring expense or delay. The FAA may change this proposal in light 
of the comments it receives.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments 
from the public to better inform its rulemaking process. DOT posts 
these comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

Availability of Rulemaking Documents

    An electronic copy of this document may be downloaded through the 
internet at www.regulations.gov. Recently published rulemaking

[[Page 68510]]

documents can also be accessed through the FAA's web page at 
www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any 
comments received and any final disposition in person in the Dockets 
Operations office (see ADDRESSES section for address, phone number, and 
hours of operations). 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, GA 30337.

Incorporation by Reference

    Class C Airspace is 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 proposes to amend the current version of that order, FAA Order 
JO 7400.11H, dated August 11, 2023, and effective September 15, 2023. 
These updates would be published in the next update to FAA Order JO 
7400.11. That order is publicly available as listed in the ADDRESSES 
section of this document.
    FAA Order JO 7400.11H lists Class A, B, C, D, and E airspace areas, 
air traffic service routes, and reporting points.

Background

    San Juan Luis Munoz Marin International Airport (SJU), PR is 
located three miles east of the city of San Juan, PR. Fernando Luis 
Ribas Dominicci Airport (SIG) is located approximately 5.5 miles west 
of SJU. The San Juan Air Traffic Control Tower (ATCT) at SJU operates 
24 hours a day. SIG has a part-time ATCT that operates 0700 to 1900 
local time, daily. Their Class D airspace extends around SIG from the 
surface up to but not including 1,200 feet mean sea level (MSL) within 
a 3.9-mile radius of SIG, and within 1 mile each side of the 275[deg] 
true bearing from SIG, extending from the 3.9-mile radius to 5.3 miles 
west of the airport; excluding that portion within the SJU Class C 
airspace area. During times when the SIG ATCT is closed, the SIG Class 
D airspace reverts to Class G airspace from the surface to 699 feet MSL 
and Class E airspace from 700 MSL to but not including 1,200 MSL.
    In 2018, the San Juan Flight Standards District Office (FSDO) 
investigated a report of a possible pilot deviation where an aircraft 
departed SIG, while the SIG ATCT was closed, into the San Juan Class C 
airspace. The aircraft, a high-performance twin turbojet operating 
under Visual Flight Rules (VFR), departed SIG runway 9 eastbound into 
the SJU Class C airspace. The aircraft made initial contact with San 
Juan ATCT approximately four nautical miles (NM) northwest of SJU 
airport. San Juan FSDO found that Air Traffic Control (ATC) did not 
have enough time to identify and accommodate the VFR aircraft into the 
existing traffic flows around SJU airport, even if they contacted ATC 
as soon as practicable after departing. Pursuant to14 CFR 
91.130(c)(2)(ii), each person departing from a satellite airport 
without an operating control tower must establish and maintain two-way 
radio communication with the ATC facility having jurisdiction over the 
Class C airspace area as soon as practicable after departing.
    San Juan FSDO's analysis of the event and existing airspace 
structure showed that current procedures in place do not adequately 
address the traffic conflicts that might arise when the SIG ATCT is 
closed, and VFR traffic departs SIG and subsequently transitions 
eastbound through the SJU Class C airspace. San Juan FSDO recommended 
mitigating the identified safety risks by either redesigning the SJU 
Class C airspace or implementation of another procedure that provides 
an adequate level of safety.
    In December of 2019, the San Juan Combined Center/Radar Approach 
Control Facility (CERAP) completed a staff study. After reviewing local 
safety data, the San Juan CERAP concluded that redesigning the SJU 
Class C was the best solution to mitigate this safety risk. An initial 
change proposal to the SJU Class C was designed with a cutout near the 
SIG airport. By moving the boundary of the SJU Class C surface area to 
the east of SIG, SIG would no longer be a satellite airport to SJU. 
Aircraft departing SIG would need to establish communication with SJU 
ATCT prior to entering the SJU Class C airspace.

Pre-NPRM Public Input

    In 2021, the FAA initiated an action to form an Ad Hoc Committee 
(Committee) to seek input and recommendations from representatives of 
affected aviation users for the FAA to consider in amending the SJU 
Class C airspace. The Committee consisted of a diverse sampling of 
local aviation users.
    The Committee expressed concerns that when SIG ATCT is closed that 
aircraft in a right traffic pattern for runway 9 at SIG could create 
possible conflicts with arrivals to runway 8 and runway 10 at SJU.
    The proposed Class C airspace amendment would not affect traffic 
pattern operations at SIG. The Chart Supplement, Southeast United 
States, does not indicate a traffic pattern direction for runway 9 at 
SIG, which implies a standard traffic pattern. A standard traffic 
pattern is left turns, which would take aircraft north of SIG and away 
from runway 8 and runway 10 operations at SJU. An exception is 
mentioned for runway 9 at SIG that indicates helicopters occasionally 
use a right traffic pattern, but only when directed by SIG ATCT.
    The Committee recommended the FAA create a cutout of the SJU Class 
C airspace around SIG. The cutout would remove SIG as a satellite 
airport to SJU. As a result, aircraft departing SIG, when the SIG ATCT 
is closed, would need to establish two-way radio communications with 
SJU ATCT prior to entering SJU Class C airspace.

Discussion of Informal Airspace Meeting Comments

    As announced in the Federal Register (87 FR 75973; December 12, 
2022), the FAA held an informal airspace meeting on February 28, 2023. 
The meeting was held in a virtual format and was broadcast on the FAA's 
YouTube channel. There were 145 registered attendees with many more 
watching the meeting on the FAA's social media sites. The purpose of 
the meeting was to provide interested airspace users with an 
opportunity to present their views and offer recommendations regarding 
the proposed amendment of the SJU Class C airspace. The meeting began 
with a presentation of the current and proposed Class C airspace at 
SJU. There were several positive comments on the proposed change, and 
no negative comments were received.
    The Air Line Pilots Association, International, expressed concern 
that modifying the Class C airspace at SJU would affect procedures 
currently in place at SJU to keep general aviation aircraft separated 
from passenger airliners.
    The proposed Class C airspace amendment would not affect visual 
flight rules (VFR) or instrument flight rules (IFR) procedures. Current 
VFR and IFR procedures will remain in place as the proposed cutout to 
SJU Class C airspace would not have an effect on the current traffic 
flows in and out of SIG and SJU airports.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 by updating the 
San Juan Luis Munoz Marin International Airport (SJU), PR Class C 
airspace description as published in FAA Order

[[Page 68511]]

JO 7400.11H, Airspace Designations and Reporting Points.
    The proposal would add a cutout to the San Juan, PR Class C 
airspace surface area to the northwest of SJU from the surface to but 
not including 1,200 MSL. Currently, the Class C airspace in this 
subsection exists from the surface to 4,000 MSL. The proposed cutout 
would enhance 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 San Juan Air Traffic Control Tower prior to entering the San Juan, 
PR Class C airspace.
    Additionally, the FAA made a minor correction to the first line of 
the description's text header, leaving just the city and territory 
location of the airport. This change follows the FAA's current 
formatting standards.

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) 
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 $177,000,000, using the 
most current (2022) 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 that this 
proposed rule: would result in benefits that justify costs; would not 
be a ``significant regulatory action'' as defined in section 3(f) of 
Executive Order 12866; would not have a significant economic impact on 
a substantial number of small entities; would not create unnecessary 
obstacles to the foreign commerce of the United States; and would not 
impose an unfunded mandate on State, local, or tribal governments, or 
on the private sector.

Regulatory Impact Analysis

    The FAA, through this rulemaking, would amend the Class C airspace 
at the San Juan Luis Munoz Marin International Airport in Puerto Rico. 
The existing airspace structure does not adequately address the traffic 
conflicts that might arise when the SIG ATCT is closed, and VFR traffic 
departs SIG and subsequently transitions eastbound through the SJU 
Class C airspace. The FAA proposes to make a cutout near SIG airport to 
be part of the SJU Class C airspace to mitigate the identified safety 
risks of possible traffic conflicts. The proposed cutout would allow 
for aircraft to operate at SIG without entering the SJU Class C 
airspace but would not affect traffic pattern operations at SIG. In 
addition, this proposed rule would not affect visual flight rules (VFR) 
or instrument flight rules (IFR) procedures. Therefore, the proposed 
rule would not impose costs on operations at SJU and SIG, as it would 
not require them to fly longer, consume more fuel, or add new equipment 
to be in compliance.
    This proposed rule would result in safety benefits from mitigating 
the risk arising from a possible airspace traffic conflict. The FAA 
solicits public comments with relevant data that enable the FAA to 
quantify the benefit attributable to the risk reduction of a possible 
pilot deviation.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) of 1980, Public Law 96-354, 94 
Stat. 1164 (5 U.S.C. 601-612), as amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121, 110 Stat. 
857, Mar. 29, 1996) and the Small Business Jobs Act of 2010 (Pub. L. 
111-240, 124 Stat. 2504 Sept. 27, 2010), requires Federal agencies to 
consider the effects of the regulatory action on small business and 
other small entities and to minimize any significant economic impact. 
The term ``small entities'' comprises small businesses and not-for-
profit organizations that are independently owned and operated and are 
not dominant in their fields, and governmental jurisdictions with 
populations of less than 50,000.
    Agencies must perform a review to determine whether a rulemaking 
would 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 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 would modify terminal airspace as required to preserve 
the safe and efficient flow of air traffic in the San Juan, PR, area.
    The FAA is proposing an amendment to 14 CFR part 71 by updating the 
San Juan Luis Munoz Marin International Airport (SJU), PR Class C 
airspace description as published in FAA Order JO 7400.11H, Airspace 
Designations and Reporting Points. Current VFR and IFR procedures will 
remain in place as the proposed cutout to SJU Class C airspace would 
not have an effect to the current traffic flows in and out of SIG and 
SJU airports.
    This proposed rule would not require additional reporting, 
recordkeeping, and other compliances for small businesses. As a result, 
as provided in section 605(b), the head of the FAA certifies that this 
proposed rule would not result in a significant economic impact on a 
substantial number of small entities.
    The FAA solicits public comments regarding any economic impact on 
small businesses operating at SJU and SIG in the San Juan, PR, area.

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

[[Page 68512]]

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 rule and determined that it will 
impose no costs on either domestic or international entities and thus 
has a neutral trade impact.

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 proposed rule would not result 
in the expenditure of $177,000,000 or more by State, local, or tribal 
governments, in the aggregate, or the private sector, in any one year.

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 would be no new requirement for information collection associated 
with this proposed rule.

Environmental Review

    This proposal will be subject to an environmental analysis in 
accordance with FAA Order 1050.1F: ``Environmental Impacts: Policies 
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend 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]

San Juan Luis Munoz Marin International Airport, PR
    (Lat. 18[deg]26'22'' N, long. 66[deg]00'07'' W)

    That airspace extending upward from the surface to and including 
4,000 feet MSL within a 5-miles radius of the Luis Munoz Marin 
International Airport beginning at lat. 18[deg]30'24'' N, long. 
66[deg]3'16'' W, clockwise to lat. 18[deg]26'41'' N, long. 
66[deg]5'23'' W, thence east to lat. 18[deg]26'42'' N, long 
66[deg]3'34'' 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 September 28, 2023.
Karen L. Chiodini,
Acting Manager, Airspace Rules and Regulations Group.
[FR Doc. 2023-21894 Filed 10-3-23; 8:45 am]
BILLING CODE 4910-13-P