3466 Federal Register / Vol. 74, No. 12 / Wednesday, January 21, 2009 / Proposed Rules 

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 low offshore airspace 

area in New Jersey. 

ICAO Considerations 

As part of this proposal relates to 

navigable airspace outside the United 

States, this notice 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. 

§ 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 6007 Offshore Airspace Areas. 

* * * * * 

Atlantic Low [Amended] 

That airspace extending upward from 

1,700 feet MSL bounded on the east by the 

Moncton FIR and the New York Oceanic 

CTA/FIR, on the south by lat. 34°00′00′′ N., 

on the west and north by a line 12 miles from 

and parallel to the U.S. shoreline, excluding 

Federal airways and the East Coast Low 

offshore airspace area. 

* * * * * 

Issued in Washington, DC, on January 12, 

2009. 

Edith V. Parish, 

Manager, Airspace and Rules Group. 

[FR Doc. E9–1108 Filed 1–16–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2008–1167; Airspace 

Docket No. 08–ASO–16] 

Proposed Amendment of the South 

Florida Low Offshore Airspace Area; 

Florida 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

amend the altitude floor of the South 

Florida Low Offshore Airspace Area, 

located off the east coast of the United 

States (U.S.). This action would lower 

the floor of the area from 2,700 feet 

above mean sea level (MSL) to 1,300 feet 

MSL. The change would provide 

additional altitudes for air traffic control 

to vector aircraft on arrival to various 

east coast airports, ensuring the safety of 

aircraft and the efficient use of airspace 

within the National Airspace System. 

DATES: Comments must be received on 

or before March 9, 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–2008–1167 and 

Airspace Docket No. 08–ASO–16 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– 

2008–1167 and Airspace Docket No. 08– 

ASO–16) 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. 

Commenter’s 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 

mstockstill on PROD1PC66 with PROPOSALS

Federal Register / Vol. 74, No. 12 / Wednesday, January 21, 2009 / Proposed Rules 3467 

Docket No. FAA–2008–1167 and 

Airspace Docket No. 08–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 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 

designated altitude floor of the South 

Florida Low Offshore Airspace area. The 

proposed change would lower the floor 

of the area from 2,700 feet MSL to 1,300 

feet MSL. Currently, Air Traffic Control 

(ATC) cannot vector arriving aircraft 

below 2,700 feet MSL while operating 

within the South Low Offshore Airspace 

Area. The proposed change would 

provide additional controlled airspace 

so that ATC could use lower altitudes 

while vectoring aircraft on arrival to 

Myrtle Beach, SC; Fort Myers, FL; Fort 

Lauderdale, FL; and Miami, FL. The 

change would increase ATC system 

efficiency and reduce complexity at 

these airports. 

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 area listed in 

this document will 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. 

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 low offshore airspace 

area in Florida. 

ICAO Considerations 

As part of this proposal relates to 

navigable airspace outside the United 

States, this notice 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. 

§ 71.1 [Amended] 

2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.9S, 

Airspace Designations and Reporting 

mstockstill on PROD1PC66 with PROPOSALS

3468 Federal Register / Vol. 74, No. 12 / Wednesday, January 21, 2009 / Proposed Rules 

Points, signed October 3, 2008 and 

effective October 31, 2008, is amended 

as follows: 

Paragraph 6007 Offshore Airspace Areas. 

* * * * * 

South Florida Low, FL [Amended] 

That airspace extending upward from 

1,300 feet MSL bounded on the west by the 

Houston Oceanic CTA/FIR; bounded on the 

north from west to east by the Jacksonville 

Air Route Traffic Control Center boundary, a 

line 12 miles from and parallel to the U.S. 

shoreline and lat. 34°00′00′′ N., bounded on 

the east by the New York Oceanic CTA/FIR 

and the San Juan Oceanic CTA/FIR; bounded 

on the south from east to west by the Santo 

Domingo FIR, the Port-Au-Prince CTA/FIR 

and the Havana CTA/FIR; excluding the 

Grand Bahama TCA and the Nassau TCA. 

* * * * * 

Issued in Washington, DC, on January 12, 

2009. 

Edith V. Parish, 

Manager, Airspace and Rules Group. 

[FR Doc. E9–1111 Filed 1–16–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2008–1026; Airspace 

Docket No. 08–AEA–17] 

RIN 2120–AA66 

Proposed Establishment of Area 

Navigation Route Q–42; East-Central 

United States 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

establish a high altitude area navigation 

(RNAV) route, designated Q–42, 

extending between the New YorkPhiladelphia area and the Kirksville, 

MO, very high frequency 

omnidirectional range/tactical air 

navigation (VORTAC) aid. The route 

would streamline RNAV procedures in 

the east-central United States by 

creating a route parallel to the existing 

Jet Route J–80. The new route would 

help alleviate departure delay issues for 

westbound aircraft flying from the New 

York and Philadelphia areas. 

DATES: Comments must be received on 

or before March 9, 2009. 

ADDRESSES: Send comments on this 

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 FAA 

Docket No. FAA–2008–1026 and 

Airspace Docket No. 08–AEA–17 at the 

beginning of your comments. You may 

also submit comments through 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– 

2008–1026 and Airspace Docket No. 08– 

AEA–17) 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–2008–1026 and 

Airspace Docket No. 08–AEA–17.’’ 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 NPRM’s 

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 Ave., College Park, GA 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 establish a high 

altitude RNAV route, designated Q–42, 

between the ELIOT, PA, navigation fix 

and the Kirksville, MO, VORTAC. The 

new route would help alleviate 

departure delays by providing an 

additional route, generally parallel to 

existing Jet Route J–80, to handle 

westbound departure traffic from the 

New York and Philadelphia airports. 

The new route would traverse airspace 

assigned to the New York, Cleveland, 

Indianapolis, Chicago and Kansas City 

Air Route Traffic Control Centers. 

High altitude RNAV routes are 

published in paragraph 2006 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 RNAV route listed in this 

document will 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. 

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 

mstockstill on PROD1PC66 with PROPOSALS