[Federal Register Volume 69, Number 234 (Tuesday, December 7, 2004)]
[Rules and Regulations]
[Pages 70542-70543]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26845]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2004-19671; Airspace Docket No. 04-AWA-07]
RIN 2120-AA66


Modification of Control Areas 1143L and 1146L

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action revises the legal descriptions of Control Areas 
1143L and 1146L to remove references to the Nantucket, MA, 
Nondirectional Beacon (NDB), which has been taken out of service and 
decommissioned by the FAA. The legal descriptions are being revised to 
use a geographical point based on latitude/longitude coordinates in 
place of the former NDB references. This action will enhance safety by 
removing references to a decommissioned navigational aid from 
controlled airspace descriptions.

Effective Dates: 0901 UTC, March 17, 2005.

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

SUPPLEMENTARY INFORMATION:

Background

    Control areas are Class E airspace areas that provide controlled 
airspace (beyond 12 nautical miles from the coast of the United States) 
where there is a requirement to provide IFR en route air traffic 
control (ATC) services and within which the United States is applying 
domestic ATC procedures. ControlAreas 1143L and 1146L are located 
offshore to the east of Cape Cod, Massachusetts.
    On June 17, 2004, the FAA's New England Regional Office requested 
that action be taken to modify the legal descriptions of Control Areas 
1143L and 1146L to remove references to the Nantucket, MA, NDB. The NDB 
has been removed from service and decommissioned by the FAA, therefore, 
it can no longer be used in legal descriptions.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR) 
part 71 (part 71) by revising the legal descriptions of Control Areas 
1143L and 1146L to remove references to the Nantucket, MA, NDB which 
has been removed from service. This modification substitutes the 
latitude/longitude coordinates of the former geographic position of the 
Nantucket NDB (lat. 40[deg]16'07'' N., long. 70[deg]10'48'' W.) in 
place of all references to the NDB in the two Control Area 
descriptions. This modification, therefore, simply changes the means of 
identifying points in the legal descriptions without altering the 
actual boundaries or altitudes of control areas. Further, this change 
will enhance safety by removing from the descriptions a navigation aid 
that is no longer available for pilots' use in navigation.
    Because this action is an administrative change that does not alter 
the existing boundaries or altitudes of the Control Areas, and is 
needed for safety reasons, I find that notice and public procedure 
under 5 U.S.C. 553(b) are impracticable and contrary to the public 
interest.
    Control Areas are published in paragraph 6007, of FAA Order 
7400.9M, dated August 30, 2004, and effective September 16, 2004, which 
is incorporated by reference in 14 CFR 71.1. The Control Areas listed 
in this document will be published subsequently in the Order.
    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.

Environmental Review

    The FAA has determined that this action qualifies for categorical 
exclusion under the National Environmental Policy Act in accordance 
with FAA Order 1050.1E, Policies and Procedures for Considering 
Environmental Impacts. 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.

[[Page 70543]]

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of 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 the Federal 
Aviation Administration Order 7400.9M, Airspace Designations and 
Reporting Points, dated August 30, 2004, and effective September 16, 
2004, is amended as follows:

Paragraph 6007 Offshore airspace areas.

* * * * *

Control 1143L [Revised]

    That airspace extending upward from 5,500 feet MSL within 
tangent lines drawn from the circumference of a 4.3-mile radius 
circle centered on lat. 41[deg]16'07'' N., long. 70[deg]10'48'' W., 
to a 13-mile radius circle centered at the midway point on a direct 
line between lat. 41[deg]16'07'' N., long. 70[deg]10'48'' W., and 
the Yarmouth, NS, Canada, NDB to a 4.3-mile radius circle centered 
on the Yarmouth NDB excluding that airspace within the confines of 
Federal airways and east of long. 67[deg]00'00'' W.
* * * * *

Control 1146L [Revised]

    That airspace extending upward from 5,500 feet MSL within a 5-
mile radius circle centered on lat. 41[deg]16'07'' N., long. 
70[deg]10'48'' W., and that airspace bounded by a line drawn from 
the tangent of the 5-mile radius circle centered on lat. 
41[deg]16'07'' N., long. 70[deg]10'48'' W., to lat. 42[deg]05'20'' 
N., long. 67[deg]59'58'' W.; to lat. 42[deg]19'00'' N., long. 
67[deg]59'58'' W.; to lat. 43[deg]00'00'' N., long. 67[deg]00'00'' 
W.; to lat. 41[deg]52'00'' N., long. 67[deg]00'00'' W.; to lat. 
41[deg]46'00'' N., long. 67[deg]59'58'' W.; to the tangent of the 5-
mile radius circle centered on lat. 41[deg]16'07'' N., long. 
70[deg]10'48'' W.
* * * * *

    Issued in Washington, DC, on December 1, 2004.
Reginald C. Matthews,
Manager, Airspace and Rules.
[FR Doc. 04-26845 Filed 12-6-04; 8:45 am]
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