[Federal Register Volume 62, Number 176 (Thursday, September 11, 1997)]
[Proposed Rules]
[Pages 47781-47783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24102]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 96-ASW-30]


Proposed Modification to the Gulf of Mexico High Offshore 
Airspace Area

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This action proposes to amend the Gulf of Mexico High Offshore 
Airspace Area. The proposed action would extend the present airspace 
area west and south to the boundary of the Houston Air Route Traffic 
Control

[[Page 47782]]

Center (ARTCC) Flight Information Region/Control Area (FIR/CTA). 
Additionally, this action proposes to establish the vertical limits of 
the proposed airspace area expansion from Flight Level (FL) 280 up to 
and including FL 600. This proposed action would provide additional 
airspace in which domestic air traffic procedures would be used to 
separate and manage aircraft. This change would result in the enhanced 
utilization of that airspace.

DATES: Comments must be received on or before October 27, 1997.

ADDRESSES: Send comments on the proposal in triplicate to: Manager, Air 
Traffic Division, ASW-500, Docket No. 96-ASW-30, Federal Aviation 
Administration, 2601 Meacham Boulevard, Fort Worth, TX 76193-0001.
    The official docket may be examined in the Rules Docket, Office of 
the Chief Counsel, Room 916, 800 Independence Avenue, SW., Washington, 
DC, weekdays, except Federal holidays, between 8:30 a.m. and 5:00 p.m.
    An informal docket may also be examined during normal business 
hours at the office of the Regional Air Traffic Division, Federal 
Aviation Administration, 2601 Meacham Boulevard, Fort Worth, TX 76193-
0001.

FOR FURTHER INFORMATION CONTACT: Patricia Crawford, Airspace and Rules 
Division, ATA-400, Office of Air Traffic Airspace Management, 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 the airspace docket number and be 
submitted in triplicate to the address listed above. Commenters wishing 
the FAA to acknowledge receipt of their comments on this notice must 
submit with those comments a self-addressed, stamped postcard on which 
the following statement is made: ``Comments to Airspace Docket No. 96-
ASW-30.'' 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 notice may be changed 
in light of comments received. All comments submitted will be available 
for examination in the Rules 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 NPRM's

    Any person may obtain a copy of this NPRM by submitting a request 
to the Federal Aviation Administration, Office of Air Traffic Airspace 
Management, 800 Independence Avenue, SW., Washington, DC 20591, or by 
calling (202) 267-8783. Communications must identify the notice number 
of this NPRM. Persons interested in being placed on a mailing list for 
future NPRM's should call 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.

Background

    On March 2, 1993, the Federal Aviation Administration published a 
final rule (58 FR 12128) which, in part, redesignated certain control 
areas over international waters as offshore airspace areas. The 
redesignations were necessary to comply with the Airspace 
Reclassification final rule (56 FR 65638; December 17, 1991).
    One of the areas affected by the March 2, 1993, final rule was the 
Gulf of Mexico Control Area. This area was divided vertically into two 
areas, one of which was redesignated as the Gulf of Mexico High 
Offshore Airspace Area.
    In June 1996 the Federal Aviation Administration completed phase II 
of an evaluation of the airspace over the Gulf of Mexico. The 
evaluation was a combined effort with representatives from the FAA, 
Servicios a la Navegacion en El Espacio Aereo Mexicano, and other 
airspace users. The objective of the evaluation was, in part, to 
identify areas where air traffic services, air traffic operations, and 
utilization of airspace could be improved. One of the outcomes of this 
evaluation was the determination that system capacity would be enhanced 
by modifying air traffic control (ATC) procedures used to control 
aircraft operations in the airspace over the Gulf of Mexico. Currently, 
International Civil Aviation Organization (ICAO) oceanic ATC procedures 
are used to separate and manage aircraft operations that extend beyond 
the lateral boundary of the existing Gulf of Mexico High Offshore 
Airspace Area. Modifying the Gulf of Mexico High Offshore Airspace Area 
by extending the boundaries further west and south of the current 
location to the Houston ARTCC FIR/CTA, would allow the application of 
domestic ATC separation procedures over a larger area. This proposal to 
modify the offshore airspace area would enhance system capacity and 
allow for more efficient utilization of that airspace.

The Proposal

    The FAA is proposing an amendment to part 71 of the Federal 
Aviation Regulations (14 CFR part 71) to modify the Gulf of Mexico High 
Offshore Airspace Area, by extending the present airspace area west and 
south to the Houston ARTCC FIR/CTA. This proposed modification would 
allow the application of domestic ATC separation procedures, in lieu of 
ICAO separation procedures, enhancing system capacity, and allowing for 
more efficient use of the airspace. Offshore airspace area designations 
are published in paragraph 2003 of FAA Order 7400.9D, dated September 
4, 1996, and effective September 16, 1996, which is incorporated by 
reference in 14 CFR 71.1. The offshore airspace area designation listed 
in this document would be published subsequently in the Order. The FAA 
has determined that this proposed 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 
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.

ICAO Considerations

    As part of this proposal relates to navigable airspace outside the 
United States, this notice is submitted in accordance with the ICAO 
International Standards and Recommended Practices.
    The application of International Standards and Recommended 
Practices by the FAA, Office of Air Traffic

[[Page 47783]]

Airspace Management, in areas outside U.S. 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 the document 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 part 71 of the Federal Aviation 
Regulations (14 CFR part 71) as follows:

PART 71--DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND 
CLASS E, AIRSPACE AREAS; AIRWAYS; 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 the Federal 
Aviation Administration Order 7400.9D, Airspace Designations and 
Reporting Points, dated September 4, 1996, and effective September 16, 
1996, is amended as follows:

Paragraph 2003--Offshore Airspace Areas

* * * * *

Gulf of Mexico High [Revised]

    That airspace extending upward from 18,000 feet MSL to and 
including FL 600 bounded on the west, north, and east by a line 12 
miles offshore and parallel to the Texas, Louisiana, Mississippi, 
Alabama, and Florida shorelines, and bounded on the south from east 
to west by the southern boundary of the Jacksonville ARTCC, Miami 
Oceanic CTA/FIR, Houston CTA/FIR and lat. 26 deg.00'006'' N.; and 
that airspace extending upward from FL 280 to and including FL 600 
beginning at lat. 28 deg.12'20'' N., long. 95 deg.24'20'' W.; then 
clockwise to lat. 28 deg.15'00'' N., long. 94 deg.00'00'' W.; to 
lat. 28 deg.15'00'' N., long. 89 deg.53'00'' W.; to lat. 
26 deg.55'00'' N., long. 89 deg.35'00'' W.; to lat. 26 deg.21'00'' 
N., long. 89 deg.30'00'' W.; to lat. 24 deg.58'00'' N., long. 
89 deg.17'30'' W.; to lat. 24 deg.30'00'' N., long. 89 deg.14'00'' 
W.; to lat. 24 deg.30'00'' N., long. 93 deg.00'00'' W.; to lat. 
25 deg.23'00'' N., long. 94 deg.42'00'' W.; to lat. 26 deg.00'00'' 
N., long. 95 deg.55'00'' W.; to lat. 26 deg.00'00'' N., long. 
95 deg.59'00'' W.; to lat. 26 deg.04'45'' N., long. 95 deg.56'49'' 
W.; to lat. 26 deg.52'00'' N., long. 95 deg.35'00'' W.; to lat. 
27 deg.38'00'' N., long. 95 deg.35'00'' W.; to lat. 28 deg.00'00'' 
N., long. 95 deg.27'00'' W. to point of beginning.
* * * * *
    Issued in Washington, DC, on September 3, 1997.
John S. Walker,
Program Director for Air Traffic Airspace Management.
[FR Doc. 97-24102 Filed 9-10-97; 8:45 am]
BILLING CODE 4910-13-P