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.

Proposed Rules Federal Register

61458

Vol. 62, No. 222

Tuesday, November 18, 1997

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.

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

§ 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°08′00′′N., long. 67°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°47′28′′ N., long. 67°09′37′′ W., thence

counter-clockwise via a 100-mile radius of

the Fernando Luis Ribas Dominicci Airport

to lat. 18°53′05′′ N., long. 67°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°39′00′′ N., long. 69°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

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

18 CFR Part 284

[Docket No. RM96–1–007; Order No.

587–F]

Standards for Business Practices of

Interstate Natural Gas Pipelines

November 12, 1997.

AGENCY: Federal Energy Regulatory

Commission.

ACTION: Notice of proposed rulemaking

(NOPR).

SUMMARY: The Federal Energy

Regulatory Commission (Commission) is

proposing to amend its regulations

governing standards for conducting

business practices and electronic

communication with interstate natural

gas pipelines by incorporating by

reference the most recent version of

standards promulgated by the Gas

Industry Standards Board (GISB). The

Commission also is proposing to adopt

regulations, not developed by GISB,

governing intra-day nominations,

operational balancing agreements

(OBAs), netting and trading of

imbalances, standardization of

communications over the public

Internet, and notices of operational flow

orders. In addition, the Commission is

providing policy guidance on other

issues related to business practices of

interstate natural gas pipelines to assist

GISB in developing implementation

standards that could be adopted by the

Commission in future regulations. These

business practices standards

supplement standards adopted by the

Commission in Order Nos. 587, 587–B,

and 587–C.

DATES: Comments are due December 18,

1997.

ADDRESSES: Federal Energy Regulatory

Commission, 888 First Street, N.E.,

Washington DC, 20426.