[Federal Register Volume 74, Number 47 (Thursday, March 12, 2009)]
[Rules and Regulations]
[Pages 10676-10677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5282]


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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.

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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]
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