[Federal Register Volume 63, Number 182 (Monday, September 21, 1998)]
[Rules and Regulations]
[Pages 50142-50143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25209]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Airspace Docket No. 97-ASW-23]
Modification to the Gulf of Mexico Low Offshore Airspace Area
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action amends the Gulf of Mexico Low Offshore Airspace
Area. Specifically, this action modifies the Gulf of Mexico Low
Offshore Airspace Area by extending the boundaries further south and
southwest of the current location to the Houston Air Route Traffic
Control Center (ARTCC) Flight Information Region/Control Area (FIR/
CTA). The FAA is taking this action to provide additional airspace in
which domestic air traffic control procedures may be used to separate
and manage aircraft operations. This change will enhance the efficient
utilization of that airspace.
EFFECTIVE DATE: 0901 UTC, October 8, 1998.
FOR FURTHER INFORMATION CONTACT: Ms. Sheri Edgett Baron, 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 issued on December
17, 1991 (56 FR 65638).
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 Low Offshore
Airspace Area.
In June 1996 the FAA completed 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 conclusion 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 Low
Offshore Airspace Area. Modifying the Gulf of Mexico Low Offshore
Airspace Area by extending the boundaries further south and southwest
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 August 5, 1998, the FAA proposed to amend 14 CFR part 71 to
modify the Gulf of Mexico Low Offshore airspace area (63 FR 41752).
Interested parties were invited to participate in this rulemaking
proceeding by submitting written comments on the proposal to the FAA.
No comments were received. Except for editorial changes, this amendment
is the same as that proposed in the notice.
The Rule
This amendment to part 71 of the Federal Aviation Regulations (14
CFR part 71) modifies the Gulf of Mexico Low Offshore Airspace Area by
extending the present airspace boundaries further south and southwest
of the current location to the Houston ARTCC FIR/CTA. This modification
will allow the application of domestic ATC separation procedures, in
lieu of ICAO separation procedures, which will enhance system capacity
and allow for more efficient utilization of that airspace.
This modification to the Gulf of Mexico Low Offshore Airspace Area
will be effective on October 8, 1998. In order to avoid pilot confusion
and to make pilots immediately aware of the modification to the Gulf of
Mexico Low Offshore Airspace Area, the FAA finds that good cause
exists, pursuant to 5 U.S.C. (d), for making this amendment effective
in less than 30 days.
Offshore airspace area designations are published in paragraph 6007
of FAA Order 7400.9F, dated September 10, 1998, and effective September
16, 1998, which is incorporated by reference in 14 CFR 71.1. The
offshore airspace area designation 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 regulation: (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
[[Page 50143]]
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).
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 7400.9F, Airspace Designations and
Reporting Points, dated September 10, 1998, and effective September 16,
1998, is amended as follows:
Paragraph 6007 Offshore Airspace Areas
* * * * *
Gulf of Mexico Low [Revised]
That airspace extending upward from 1,200 feet MSL bounded on
the west, north, and east by a line 12 miles offshore and parallel
to the Texas, Louisiana, Mississippi, Alabama, and Florida
shorelines; bounded on the south from east to west by the southern
boundary of the Jacksonville Air Route Traffic Control Center, Miami
Oceanic CTA/FIR; Merida UTA/UIR, Houston CTA/FIR; Monterrey UTA/UIR,
Houston CTA/FIR; to the point of beginning.
* * * * *
Issued in Washington, DC, on September 15, 1998.
Reginald C. Matthews,
Acting Program Director for Air Traffic Airspace Management.
[FR Doc. 98-25209 Filed 9-18-98; 8:45 am]
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