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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] 

# 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                           ( print 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 

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 

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. 

§ 71.1 

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°29′42″ N., long 67°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°29′42″ N., long 67°07′46″ W.) 

Borinquen VORTAC 

(Lat. 18°29′53″ N., long 67°06′30″ W.) 

That airspace extending upward from the surface within 2.4 miles each side of the Borinquen VORTAC 257° 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