[Federal Register Volume 74, Number 10 (Thursday, January 15, 2009)]
[Proposed Rules]
[Pages 2427-2428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-501]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-1259; Airspace Docket No. 08-ASO-1]


Proposed Modification of the Atlantic High and San Juan Low 
Offshore Airspace Areas; East Coast, United States

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend the boundaries of the Atlantic 
High and San Juan Low Offshore Airspace Areas located off the east 
coast of the United States. The implementation of the West Atlantic 
Route System Plus (WATRS Plus) project modified the boundaries of the 
Miami Control Area (CTA)/Flight Identification Region (FIR), the San 
Juan CTA/FIR, and the New York Oceanic CTA/FIR. This action proposes to 
modify the Atlantic High and San Juan Low Offshore Airspace Area 
boundaries to coincide with the CTA/FIR changes.

DATES: Comments must be received on or before March 2, 2009.

ADDRESSES: Send comments on the proposal to the U.S. Department of 
Transportation, Docket Operations, M-30, 1200 New Jersey Avenue, SE., 
West Building Ground Floor, Room W12-140, Washington, DC 20590-0001; 
telephone: (202) 366-9826. You must identify the docket number FAA-
2008-1259 and Airspace Docket No. 08-ASO-1, at the beginning of your 
comments. You may also submit comments on the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, 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:

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 both docket numbers (FAA Docket No. 
FAA-2008-1259 and Airspace Docket No. 08-ASO-1) and be submitted in 
triplicate to the Docket Management Facility (see ADDRESSES section for 
address and phone number). You may also submit comments through the 
Internet at http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments 
on this action must submit with those comments a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to FAA Docket No. FAA-2008-1259 and Airspace Docket No. 08-ASO-1.'' 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 action may be changed in light of 
comments received. All comments submitted will be available for 
examination in the public 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 NPRMs

    An electronic copy of this document may be downloaded through the 
Internet at http://www.regulations.gov. Recently published rulemaking 
documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any 
comments received and any final disposition in person in the Dockets 
Office (see ADDRESSES section for address and phone number) between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. An 
informal docket may also be examined during normal business hours at 
the office of the Eastern Service Center, Federal Aviation 
Administration, Room 210, 1701 Columbia Avenue, College Park, Georgia 
30337.
    Persons interested in being placed on a mailing list for future 
NPRM's should contact 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.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal 
Regulations (14 CFR) part 71 to modify the boundaries of the Atlantic 
High and San Juan Low Offshore Airspace Areas to match boundary changes 
to the Miami, San Juan and New York Oceanic CTA/FIRs, which were 
modified by the implementation of the WATRS Plus project. The WATRS 
Plus project introduced a redesigned route structure and a reduced 
lateral separation standard on oceanic routes in the WATRS Plus CTAs to 
enhance en route capacity. The proposed change is a minor realignment 
of one point common to both the Atlantic High and San Juan Low Offshore 
Airspace area boundaries. The point at lat. 21[deg]08'00'' N., long. 
67[deg]45'00'' W. would be changed to read lat. 21[deg]14'21'' N., 
long. 67[deg]39'02'' W.
    High offshore airspace areas are published in paragraph 2003, and 
low offshore airspace areas are published in paragraph 6007, of FAA 
Order 7400.9S signed October 3, 2008, and effective October 31, 2008, 
which is incorporated by reference in 14 CFR 71.1. The offshore 
airspace areas listed in this document will be published subsequently 
in the Order.
    The FAA has determined that this proposed regulation only involves 
an

[[Page 2428]]

established body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current. 
Therefore, this proposed 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 proposed 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 located off the 
east coast of the United States.

ICAO Considerations

    As part of this proposal relates to navigable airspace outside the 
United States, this proposal is submitted in accordance with the 
International Civil Aviation Organization (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 & 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.

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, B, C, D AND E AIRSPACE AREAS; AIR 
TRAFFIC SERVICE 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 FAA Order 
7400.9S, Airspace Designations and Reporting Points, signed October 3, 
2008 and effective October 31, 2008, is amended as follows:

Paragraph 2003--Offshore Airspace Areas.

* * * * *

Atlantic High [Amended]

    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]14'21'' N., long. 
67[deg]39'02'' 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.
* * * * *

Paragraph 6007--Offshore Airspace Areas.

* * * * *

San Juan Low, PR [Amended]

    That airspace extending upward from 5,500 feet MSL from the 
point of intersection of the San Juan Oceanic CTA/FIR and Miami 
Oceanic CTA/FIR boundary at lat. 21[deg]14'21'' N., long. 
67[deg]39'02'' 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 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 northeast along the San Juan CTA/FIR and Miami CTA/
FIR boundary to the point of beginning.
* * * * *

    Issued in Washington, DC, on January 5, 2009.
Edith V. Parish,
Manager, Airspace and Rules Group.
[FR Doc. E9-501 Filed 1-14-09; 8:45 am]
BILLING CODE 4910-13-P