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[Federal Register: August 23, 2010 (Volume 75, Number 162)]
[Rules and Regulations]               
[Page 51661-51662]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23au10-8]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2010-0187; Airspace Docket No. 09-AWP-10]
RIN 2120-AA66

 
Amendment of the Pacific High and Low Offshore Airspace Areas; 
California

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action modifies the Pacific High and Low Offshore 
Airspace Areas to provide additional airspace in which domestic air 
traffic control procedures can be used to separate and manage aircraft 
operations in the currently uncontrolled airspace off the California 
coast. This change will enhance the efficient utilization of that 
airspace within the National Airspace System.

DATES: Effective date 0901 UTC, November 18, 2010. 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: Ken McElroy, 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 Monday, June 7, 2010, the FAA published in the Federal Register 
a notice of proposed rulemaking (NPRM) to modify the Pacific High and 
Low Control Areas (75 FR 32119). Interested parties were invited to 
participate in this rulemaking effort by submitting written comments on 
the proposal. No comments were received. The proposed legal description 
contained the exclusion of active warning area airspace; it was brought 
to our attention that it was not necessary to exclude active warning 
areas in the description since active warning areas are excluded by 
policy. With this exception, this amendment is the same as that 
proposed in the NPRM.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR) 
part 71 by modifying the Pacific High and Low Offshore Airspace Areas, 
by extending the present airspace boundaries further southeast of the 
current location to the Mexico FIR capturing pockets of uncontrolled 
airspace off the California coast. This modification will allow the 
application of domestic ATC separation procedures in lieu of ICAO 
separation and enhance system capacity and allow for more efficient 
utilization of that airspace.
    Offshore airspace areas are published in paragraph 2003 and 6007, 
respectfully, of FAA Order 7400.9T signed August 27, 2009 and effective 
September 15, 2009, which is incorporated by reference in 14 CFR 71.1. 
The offshore airspace 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.
    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 Administrator. 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 modifies the high and low offshore airspace areas off the coast 
of California.

ICAO Considerations

    As part of this action 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 
System Operations Airspace and AIM, Airspace and Rules Group, 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, 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.

[[Page 51662]]

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 7400.9T, 
Airspace Designations and Reporting Points, signed August 27, 2009 and 
effective September 15, 2009, is amended as follows:

Paragraph 2003 Offshore Airspace Areas

* * * * *

Pacific High, CA [Amended]

    That airspace extending upward from 18,000 feet MSL to and 
including FL 600 bounded on the north by the Vancouver FIR boundary, 
on the east by a line 12 miles from and parallel to the U.S. 
shoreline, and on the south by the Mexico FIR boundary, and on the 
west by the Oakland Oceanic CTA/FIR boundary.
* * * * *

Paragraph 6007 Offshore Airspace Areas

* * * * *

Pacific Low, CA [Amended]

    That airspace extending upward from 5,500 feet MSL bounded on 
the north by the Vancouver FIR boundary, on the east by a line 12 
miles from and parallel to the U.S. shoreline, and on the south by 
the Mexico FIR boundary, and on the west by the Oakland Oceanic FIR 
boundary.

    Issued in Washington, DC, on August 11, 2010.
Edith V. Parish,
Manager, Airspace and Rules Group.
[FR Doc. 2010-20806 Filed 8-20-10; 8:45 am]
BILLING CODE 4910-13-P
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