[Federal Register Volume 62, Number 222 (Tuesday, November 18, 1997)]
[Proposed Rules]
[Pages 61458-61459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30215]


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Proposed Rules
                                                Federal Register
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This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / 
Proposed Rules

[[Page 61458]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 97-ASO-16]


Proposed Modification to the Atlantic High Offshore Airspace Area

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This action proposes to modify the Atlantic High Offshore 
Airspace Area. The southeast boundary of the Atlantic High Offshore 
Airspace Area would be extended to coincide with the boundary of the 
San Juan Enroute Domestic Airspace Area. This proposal would facilitate 
the use of domestic air traffic control (ATC) procedures within that 
airspace, and thereby expedite the flow of air traffic and enhance the 
utilization of that airspace.

DATES: Comments must be received on or before January 2, 1998.

ADDRESSES: Send comments on the proposal in triplicate to: Manager, Air 
Traffic Division, ASO-500, Docket No. 97-ASO-16, Federal Aviation 
Administration, P.O. Box 20636, Atlanta, GA 30320.
    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, ASO-500, 
Federal Aviation Administration, P.O. Box 20636, Atlanta, GA 30320.

FOR FURTHER INFORMATION CONTACT: Patricia P. 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. 97-
ASO-16.'' 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 Notice of Proposed Rulemaking 
(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

    Air traffic activity in the Bahamas and Caribbean airspace area 
continues to increase as the number of ground based navigational aids 
continues to decrease. Consequently, a project to implement a non-Very 
High Frequency Omnidirectional Range/Distance Measuring Equipment (VOR/
DME) Area Navigation (RNAV) route system to supplement the current 
airway system is warranted. Extending the southeast boundary of the 
Atlantic High Offshore Airspace Area to coincide with the San Juan 
Enroute Domestic Airspace Area would support the development of a more 
efficient route system in the Bahamas and Caribbean area.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 to modify the 
Atlantic High Offshore Airspace Area. The Atlantic High Offshore 
Airspace Area would be extended southeast to coincide with the boundary 
of the San Juan Enroute Domestic Airspace Area.
    The Atlantic High Offshore Airspace Area is designated as Class A 
airspace, and the San Juan Enroute Domestic Airspace Area is designated 
as Class E airspace; domestic ATC standards apply in these areas. At 
present, a gap of approximately 80 Nautical Miles (NM) exists between 
the boundaries of the Atlantic High Offshore Airspace Area and the San 
Juan Enroute Domestic Airspace Area. The airspace within this gap is 
part of the San Juan Oceanic Control Area/Flight Information Region 
(CTA/FIR). International Civil Aviation Organization (ICAO) ATC 
standards apply within the San Juan Oceanic CTA/FIR. Consequently, air 
traffic controllers must apply two different sets of ATC standards to 
aircraft transitioning from the Atlantic High Offshore Airspace Area to 
the San Juan Enroute Domestic Airspace Area, or vice-versa, (i.e., 
flight operations on the routes between south Florida and Puerto Rico).
    Modifying the Atlantic High Offshore Airspace Area as proposed 
would permit air traffic controllers to apply domestic ATC standards 
along the entire length of the affected routes, thereby enhancing the 
flow of air traffic, increasing capacity, and allowing for more 
efficient use of the airspace.
    Offshore Airspace Area designations are published in paragraph 2003 
of FAA

[[Page 61459]]

Order 7400.9E, dated September 10, 1997, and effective September 16, 
1997, 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 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 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 7400.9E, Airspace Designations and 
Reporting Points, dated September 10, 1997, and effective September 16, 
1997, is amended as follows:

Paragraph 2003  Offshore Airspace Areas

* * * * *

Atlantic High  [Revised]

    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.08'00''N., long. 
67 deg.45'00'' 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.
* * * * *
    Issued in Washington, DC, on November 6, 1997.
Nancy B. Kalinowski,
Acting Program Director for Air Traffic Airspace Management.
[FR Doc. 97-30215 Filed 11-17-97; 8:45 am]
BILLING CODE 4910-13-P