
[Federal Register: April 22, 2009 (Volume 74, Number 76)]
[Rules and Regulations]               
[Page 18288-18290]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22ap09-2]                         

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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]

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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action will 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 modifies the Atlantic 
High and San Juan Low Offshore Airspace Area boundaries to coincide 
with the CTA/FIR changes.

DATES: Effective Date: 0901 UTC, July 2, 2009. 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 7400.9 and 
publication of conforming amendments.

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: 

History

    On Thursday January 15, 2009, the FAA published in the Federal 
Register a notice of proposed rulemaking to modify the Atlantic High 
and San Juan Low Offshore Airspace Areas, East Coast, United States (74 
FR 2427). Interested parties were invited to participate in this 
rulemaking effort by submitting written comments on the proposal. No 
comments were received. With the exception of editorial changes, this 
amendment is the same as that proposed in the NPRM.
    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

[[Page 18289]]

document will be published subsequently in the Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR) 
part 71 by modifying the boundaries of the Atlantic High and San Juan 
Low Offshore Airspace Areas to match recent boundary changes to the 
Miami, San Juan and New York Oceanic CTA/FIRs. The CTA/FIR boundaries 
were modified due to the implementation of the WATRS Plus project, 
which introduced a redesigned route structure and a reduced lateral 
separation standard on oceanic routes in the WATRS Plus CTAs to enhance 
en route capacity. This 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. is changed to read lat. 21[deg]14'21'' N., long. 
67[deg]39'02'' W.
    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. 
Therefore, this 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 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 Administration. 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 enhances the safety of aircraft within the National Airspace 
System.

ICAO Considerations

    As this action relates to navigable airspace outside the United 
States, this notice 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, 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 the 
designation of navigable airspace outside the United States, the 
Administrator consulted with the Secretary of State and the Secretary 
of Defense in accordance with the provisions of Executive Order 10854.

Environmental Review

    The FAA has determined that this action qualifies for categorical 
exclusion under the National Environmental Policy Act in accordance 
with paragraph 311a of FAA Order 1050.1E, Environmental Impacts: 
Polices and Procedures. This airspace action is not expected to cause 
any potentially significant environmental impacts, and no extraordinary 
circumstances exist that warrant preparation of an environmental 
assessment.

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 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

[[Page 18290]]

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 April 15, 2009.
Edith V. Parish,
Manager, Airspace and Rules Group.
[FR Doc. E9-9137 Filed 4-21-09; 8:45 am]

BILLING CODE 4910-13-P
