[Federal Register Volume 63, Number 72 (Wednesday, April 15, 1998)]
[Rules and Regulations]
[Pages 18313-18314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9940]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 96-ASW-30]
RIN 2120-AA66


Modification to the Gulf of Mexico High Offshore Airspace Area

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends the Gulf of Mexico High Offshore airspace 
area by extending the present airspace area west and south to the 
boundary of the Houston Air Route Traffic Control Center (ARTCC) Flight 
Information Region/Control Area (FIR/CTA). Additionally, this action 
establishes the vertical limits of the airspace area expansion from 
Flight Level (FL) 280 up to and including FL 600. The FAA is taking 
this action to provide additional airspace in which domestic air 
traffic procedures may be used to separate and manage aircraft, 
resulting in the enhanced utilization of that airspace.

EFFECTIVE DATE: 0901 UTC, June 18, 1998.

FOR FURTHER INFORMATION CONTACT: Ellen Crum, 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:

Background

    On March 2, 1993, the FAA published a final rule (58 FR 12128) 
which, in part, redesignated certain control areas over international 
waters as offshore airspace areas. The redesignations were necessary to 
comply with the Airspace Reclassification final rule (56 FR 65638; 
December 17, 1991).
    One of the areas affected by the March 2, 1993, final rule was the 
Gulf of Mexico Control Area. This area was divided vertically into two 
areas, one of which was redesignated as the Gulf of Mexico High 
Offshore airspace area.
    In June 1996 the FAA completed phase II of an evaluation of the 
airspace over the Gulf of Mexico. The evaluation was a combined effort 
with representatives from the FAA, Servicios a la Navegacion en El 
Espacio Aereo Mexicano, and other airspace users. The objective of the 
evaluation was, in part, to identify areas where air traffic services, 
air traffic operations, and utilization of airspace could be improved. 
One of the outcomes of this evaluation was the determination that 
system capacity would be enhanced by modifying air traffic control 
(ATC) procedures used to control aircraft operations in the airspace 
over the Gulf of Mexico. Currently, International Civil Aviation 
Organization (ICAO) oceanic ATC procedures are used to separate and 
manage aircraft operations that extend beyond the lateral boundary of 
the existing Gulf of Mexico High Offshore airspace area. Modifying the 
Gulf of Mexico High Offshore airspace area by extending the boundaries 
further west and south of the current location to the Houston ARTCC 
FIR/CTA, allows the application of domestic ATC separation procedures 
over a larger area. This action to modify the offshore airspace area 
will enhance system capacity and allow for more efficient utilization 
of that airspace.
    On September 11, 1997, the FAA proposed to amend 14 CFR part 71 to 
modify the Gulf of Mexico High Offshore airspace area (62 FR 47781). 
Interested parties were invited to participate in this rulemaking 
proceeding by submitting written comments on the proposal to the FAA. 
No comments objecting to the proposal were received. Except for 
editorial changes, this amendment is the same as that proposed in the 
notice.
    Offshore airspace areas are published in paragraph 2003 of FAA 
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 listed in this document will be published subsequently in 
the Order.

The Rule

    This amendment to 14 CFR part 71 modifies the Gulf of Mexico High 
Offshore airspace area by extending the present airspace area west and 
south to the Houston ARTCC FIR/CTA. This modification will allow the 
application of domestic ATC separation procedures, in lieu of ICAO 
separation procedures, thereby, enhancing system capacity, and allowing 
for more efficient use of the airspace.
    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. 
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 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 action relates to navigable airspace outside the 
United States, this rule 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

[[Page 18314]]

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 has consulted 
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).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration amends 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

* * * * *

Gulf of Mexico High [Revised]

    That airspace extending upward from 18,000 feet MSL to and 
including FL 600 bounded on the west, north, and east by a line 12 
miles offshore and parallel to the Texas, Louisiana, Mississippi, 
Alabama, and Florida shorelines, and bounded on the south from east 
to west by the southern boundary of the Jacksonville ARTCC, Miami 
Oceanic CTA/FIR, Houston CTA/FIR and lat. 26 deg.00'00'' N.; and 
that airspace extending upward from FL 280 to and including FL 600 
beginning at lat. 28 deg.12'20'' N., long. 95 deg.24'20'' W.; then 
clockwise to lat. 28 deg.15'00'' N., long. 94 deg.00'00'' W.; to 
lat. 28 deg.15'00'' N., long. 89 deg.53'00'' W.; to lat. 
26 deg.55'00'' N., long. 89 deg.35'00'' W.; to lat. 26 deg.21'00'' 
N., long. 89 deg.30'00'' W.; to lat. 24 deg.58'00'' N., long. 
89 deg.17'30'' W.; to lat. 24 deg.30'00'' N., long. 89 deg.14'00'' 
W.; to lat. 24 deg.30'00'' N., long. 93 deg.00'00'' W.; to lat. 
25 deg.23'00'' N., long. 94 deg.42'00'' W.; to lat. 26 deg.00'00'' 
N., long. 95 deg.55'00'' W.; to lat. 26 deg.00'00'' N., long. 
95 deg.59'00'' W.; to lat. 26 deg.04'45'' N., long. 95 deg.56'49'' 
W.; to lat. 26 deg.52'00'' N., long. 95 deg.35'00'' W.; to lat. 
27 deg.38'00'' N., long. 95 deg.30'00'' W.; to lat. 28 deg.00'00'' 
N., long. 95 deg.27'00'' W. to point of beginning.
* * * * *
    Issued in Washington, DC, on April 9, 1998.
Reginald C. Matthews,
Acting Program Director for Air Traffic Airspace Management.
[FR Doc. 98-9940 Filed 4-14-98; 8:45 am]
BILLING CODE 4910-13-P