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 the airspace structure as necessary to enhance the safe and efficient flow of air traffic at the Jose Aponte de la Torre Airport, Ceiba, PR.

History

The FAA published an NPRM for Docket No. FAA-2025-4674 in the Federal Register (91 FR 6150; February 11, 2026) proposing to establish Class D and Class E airspace at the Jose Aponte de la Torre (RVR) airport, Ceiba, PR. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal. Two comments were received. One comment was in favor of the proposal.

The other comment raises concerns regarding land use and ownership, airport security, military activity, environmental contamination, and other matters unrelated to the proposed establishment of Class D and Class E airspace at RVR airport. The establishment of controlled airspace is based solely on aviation safety and the need to support air traffic control services. Land ownership, military operations, environmental cleanup activities, and property use agreements are not within the factors and criteria the FAA uses for airspace designation. Environmental remediation at the former Naval Station Roosevelt Roads is being conducted under the Resource Conservation and Recovery Act (RCRA), and these activities do not affect the FAA's determination regarding controlled airspace requirements. Additionally, the presence of military aircraft or operations at a civil airport does not inherently preclude or affect the establishment of Class D or E airspace. Controlled airspace enhances safety for all users regardless of aircraft type. The FAA therefore finds that the commenter's concerns fall outside the scope of this rulemaking.

Incorporation by Reference

Class D and Class E airspace designations are published in paragraphs 5000 and 6005 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 7400.11K, dated August 4, 2025, and effective September 15, 2025. These amendments will be published in the next update to FAA Order JO 7400.11. FAA Order JO 7400.11K, which lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points, is publicly available as listed in the ADDRESSES section of this document.

The Rule

This action amends 14 CFR part 71 by establishing Class D and Class E airspace at the Jose Aponte de la Torre Airport (RVR), Ceiba, PR, due to the USMC operating an ATCT at the RVR airport. The Class D and Class E airspace enhances the safe and efficient management of Instrument Flight Rules (IFR) and Visual Flight Rules (VFR) operations in the area.

Class D airspace is established extending upward from the surface to and including 2,500 feet mean sea level (MSL) within a 5-mile radius of the RVR airport. Class E airspace is established extending upward from 700 feet above the surface within a 7-mile radius of the RVR airport.

Regulatory Notices and Analyses

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. It, therefore: (1) is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under DOT Order 2100.6B, “Rulemaking and Guidance Procedure” (March 10, 2025); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that only affects air traffic procedures and air navigation, it is certified that this rule, when promulgated, does not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

Environmental Review

The FAA has determined that this action establishing Class D and Class E airspace at the Jose Aponte de la Torre Airport (RVR), Ceiba, PR, qualifies for categorical exclusion under the National Environmental Policy Act (42 U.S.C. 4321, et seq.) and in accordance with FAA Order 1050.1G, FAA National Environmental Policy Act Implementing Procedures, paragraph B-2.5(a), which categorically excludes from further environmental impact review rulemaking actions that designate or modify classes of airspace areas, airways, routes, and reporting points ( see14 CFR part 71, Designation of Class A, B, C, D, and E Airspace Areas; Air Traffic Service Routes; and Reporting Points). As such, this action is not expected to result in any potentially significant environmental impacts. In accordance with the FAA's NEPA implementation policy and procedures 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. The FAA has determined that no extraordinary circumstances exist that warrant preparation of an environmental assessment or environmental impact statement.

The Amendment

In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: