
[Federal Register: January 15, 2009 (Volume 74, Number 10)]
[Proposed Rules]
[Page 2427-2428]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15ja09-54]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-1259; Airspace Docket No. 08-ASO-1]


Proposed Modification of the Atlantic High and San Juan Low
Offshore Airspace Areas; East Coast, United States

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend the boundaries of the Atlantic
High and San Juan Low Offshore Airspace Areas located off the east
coast of the United States. The implementation of the West Atlantic
Route System Plus (WATRS Plus) project modified the boundaries of the
Miami Control Area (CTA)/Flight Identification Region (FIR), the San
Juan CTA/FIR, and the New York Oceanic CTA/FIR. This action proposes to
modify the Atlantic High and San Juan Low Offshore Airspace Area
boundaries to coincide with the CTA/FIR changes.

DATES: Comments must be received on or before March 2, 2009.

ADDRESSES: Send comments on the proposal to the U.S. Department of
Transportation, Docket Operations, M-30, 1200 New Jersey Avenue, SE.,
West Building Ground Floor, Room W12-140, Washington, DC 20590-0001;
telephone: (202) 366-9826. You must identify the docket number FAA-
2008-1259 and Airspace Docket No. 08-ASO-1, at the beginning of your
comments. You may also submit comments on the Internet at http://
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace and Rules
Group, Office of System Operations Airspace and AIM, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone: (202) 267-8783.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA-2008-1259 and Airspace Docket No. 08-ASO-1) and be submitted in
triplicate to the Docket Management Facility (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to FAA Docket No. FAA-2008-1259 and Airspace Docket No. 08-ASO-1.'' The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date
for comments will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the closing date
for comments. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. 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/.
    You may review the public docket containing the proposal, 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.
    Persons interested in being placed on a mailing list for future
NPRM's should contact the FAA's Office of Rulemaking, (202) 267-9677,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) part 71 to modify the boundaries of the Atlantic
High and San Juan Low Offshore Airspace Areas to match boundary changes
to the Miami, San Juan and New York Oceanic CTA/FIRs, which were
modified by the implementation of the WATRS Plus project. The WATRS
Plus project introduced a redesigned route structure and a reduced
lateral separation standard on oceanic routes in the WATRS Plus CTAs to
enhance en route capacity. The proposed change is a minor realignment
of one point common to both the Atlantic High and San Juan Low Offshore
Airspace area boundaries. The point at lat. 21[deg]08'00'' N., long.
67[deg]45'00'' W. would be changed to read lat. 21[deg]14'21'' N.,
long. 67[deg]39'02'' W.
    High offshore airspace areas are published in paragraph 2003, and
low offshore airspace areas are published in paragraph 6007, of FAA
Order 7400.9S signed October 3, 2008, and effective October 31, 2008,
which is incorporated by reference in 14 CFR 71.1. The offshore
airspace areas listed in this document will be published subsequently
in the Order.
    The FAA has determined that this proposed regulation only involves
an

[[Page 2428]]

established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this proposed regulation: (1) Is not a ``significant
regulatory action'' under Executive Order 12866; (2) is not a
``significant rule'' under Department of Transportation (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 proposed 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 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 the High and Low offshore airspace areas located off the
east coast of the United States.

ICAO Considerations

    As part of this proposal relates to navigable airspace outside the
United States, this proposal is submitted in accordance with the
International Civil Aviation Organization (ICAO) International
Standards and Recommended Practices.
    The application of International Standards and Recommended
Practices by the FAA, Office of System Operations Airspace and AIM,
Airspace & Rules Group, in areas outside the United States domestic
airspace, is governed by the Convention on International Civil
Aviation. Specifically, the FAA is governed by Article 12 and Annex 11,
which pertain to the establishment of necessary air navigational
facilities and services to promote the safe, orderly, and expeditious
flow of civil air traffic. The purpose of Article 12 and Annex 11 is to
ensure that civil aircraft operations on international air routes are
performed under uniform conditions.
    The International Standards and Recommended Practices in Annex 11
apply to airspace under the jurisdiction of a contracting state,
derived from ICAO. Annex 11 provisions apply when air traffic services
are provided and a contracting state accepts the responsibility of
providing air traffic services over high seas or in airspace of
undetermined sovereignty. A contracting state accepting this
responsibility may apply the International Standards and Recommended
Practices that are consistent with standards and practices utilized in
its domestic jurisdiction.
    In accordance with Article 3 of the Convention, state-owned
aircraft are exempt from the Standards and Recommended Practices of
Annex 11. The United States is a contracting state to the Convention.
Article 3(d) of the Convention provides that participating state
aircraft will be operated in international airspace with due regard for
the safety of civil aircraft. Since this action involves, in part, the
designation of navigable airspace outside the United States, the
Administrator is consulting with the Secretary of State and the
Secretary of Defense in accordance with the provisions of Executive
Order 10854.

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

    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]

    2. The incorporation by reference in 14 CFR 71.1 of FAA Order
7400.9S, Airspace Designations and Reporting Points, signed October 3,
2008 and effective October 31, 2008, is amended as follows:

Paragraph 2003--Offshore Airspace Areas.

* * * * *

Atlantic High [Amended]

    That airspace extending upward from 18,000 feet MSL to and
including FL 600 within the area bounded on the east from north to
south by the Moncton FIR, New York Oceanic CTA/FIR, and the San Juan
Oceanic CTA/FIR; to the point where the San Juan Oceanic CTA/FIR
boundary turns southwest at lat. 21[deg]14'21'' N., long.
67[deg]39'02'' W., thence from that point southeast via a straight
line to intersect a 100-mile radius of the Fernando Luis Ribas
Dominicci Airport at lat. 19[deg]47'28'' N., long. 67[deg]09'37''
W., thence counter-clockwise via a 100-mile radius of the Fernando
Luis Ribas Dominicci Airport to lat. 18[deg]53'05'' N., long.
67[deg]47'43'' W., thence from that point northwest via a straight
line to intersect the point where the Santo Domingo FIR turns
northwest at lat. 19[deg]39'00'' N., long. 69[deg]09'00'' W., thence
from that point the area is bounded on the south from east to west
by the Santo Domingo FIR, Port-Au-Prince CTA/FIR, and the Havana
CTA/FIR; bounded on the west from south to north by the Houston
Oceanic CTA/FIR, southern boundary of the Jacksonville Air Route
Traffic Control Center and a line 12 miles offshore and parallel to
the U.S. shoreline.
* * * * *

Paragraph 6007--Offshore Airspace Areas.

* * * * *

San Juan Low, PR [Amended]

    That airspace extending upward from 5,500 feet MSL from the
point of intersection of the San Juan Oceanic CTA/FIR and Miami
Oceanic CTA/FIR boundary at lat. 21[deg]14'21'' N., long.
67[deg]39'02'' W., thence from that point southeast via a straight
line to intersect a 100-mile radius of the Fernando Luis Ribas
Dominicci Airport at lat. 19[deg]47'28'' N., long. 67[deg]09'37''
W., thence clockwise via a 100-mile radius of the Fernando Luis
Ribas Dominicci Airport to lat. 18[deg]53'05'' N., long.
67[deg]47'43'' W., thence from that point northwest via a straight
line to intersect the point where the Santo Domingo FIR turns
northwest at lat. 19[deg]39'00'' N., long. 69[deg]09'00'' W., thence
from that point northeast along the San Juan CTA/FIR and Miami CTA/
FIR boundary to the point of beginning.
* * * * *

    Issued in Washington, DC, on January 5, 2009.
Edith V. Parish,
Manager, Airspace and Rules Group.
[FR Doc. E9-501 Filed 1-14-09; 8:45 am]

BILLING CODE 4910-13-P
