[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]


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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.

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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