[Federal Register Volume 63, Number 217 (Tuesday, November 10, 1998)]
[Proposed Rules]
[Pages 62975-62976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29951]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration (FAA), DOT

14 CFR Part 71

[Airspace Docket No. 97-ASW-24]


Proposed Modification to the Gulf of Mexico High Offshore 
Airspace Area

AGENCY: Federal Aviation Administration.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This action proposes to amend the Gulf of Mexico High Offshore 
Airspace Area. The proposed action would extend the present airspace 
area east and south to the boundary of the Houston Air Route Traffic 
Control Center (ARTCC) Flight Information Region/Control Area (FIR/
CTA). Additionally, this action proposes to increase the vertical 
limits of the proposed airspace area from Flight Level (FL) 280 up to 
and including FL 600. This proposed action would provide additional 
airspace in which domestic air traffic procedures may be used to 
separate and manage aircraft operations. This proposed change would 
enhance the efficient utilization of that airspace.

DATES: Comments must be received on or before December 29, 1998.

ADDRESSES: Send comments on the proposal in triplicate to: Manager, Air 
Traffic Division, ASW-500, Docket No. 97-ASW-24, Federal Aviation 
Administration, 2601 Meacham Boulevard, Fort Worth, TX 76193-0001.
    The official docket may be examined in the Rules Docket, Office of 
the Chief Counsel, Room 916, 800 Independence Avenue, SW., Washington, 
DC, weekdays, except Federal holidays, between 8:30 a.m. and 5:00 p.m.
    An informal docket may also be examined during normal business 
hours at the office of the Regional Air Traffic Division, Federal 
Aviation Administration, 2601 Meacham Boulevard, Fort Worth, TX 76193-
0001.

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:

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 the airspace docket number and be 
submitted in triplicate to the address listed above. Commenters wishing 
the FAA to acknowledge receipt of their comments on this notice must 
submit with those comments a self-addressed, stamped postcard on which 
the following statement is made: ``Comments to Airspace Docket No. 97-
ASW-24.'' 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 notice may be changed 
in light of comments received. All comments submitted will be available 
for examination in the Rules 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

    Any person may obtain a copy of this NPRM by submitting a request 
to the Federal Aviation Administration, Office of Air Traffic Airspace 
Management, 800 Independence Avenue, SW., Washington, DC 20591, or by 
calling (202) 267-8783. Communications must identify the notice number 
of this NPRM. Persons interested in being placed on a mailing list for 
future NPRM's should call 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.

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 High 
Offshore Airspace Area.
    In June of 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

[[Page 62976]]

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 east and south of the 
current location to the Houston ARTCC FIR/CTA, will allow the 
application of domestic ATC separation procedures over a larger area. 
This proposal to modify the offshore airspace area would enhance system 
capacity and allow for more efficient utilization of that airspace.

The Proposal

    The FAA is proposing an amendment to part 71 of the Federal 
Aviation Regulations (14 CFR part 71) to modify the Gulf of Mexico High 
Offshore Airspace Area, by extending the present airspace area east and 
south to the Houston ARTCC FIR/CTA. The proposed modification would 
allow the application of domestic ATC separation procedures, in lieu of 
ICAO separation procedures, enhancing system capacity, and allowing for 
more efficient use of the airspace.
    Offshore airspace area designations are published in paragraph 2003 
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 would 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. 
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, 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 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 FAA proposes to amend part 
71 of the Federal Aviation Regulations (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 2003 Offshore Airspace Areas

* * * * *

Gulf of Mexico High [Revised]

    That airspace extending upward from FL 280 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; bounded on the south from east to west by the 
southern boundary of the Jacksonville ARTCC, Miami Oceanic CTA/FIR; 
Merida UTA/FIR; Monterey UTA/UIR, Houston CTA/FIR; to the point of 
beginning, and that airspace extending upward from 18,000 feet MSL 
to and including FL 280 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 
ARTCC, Miami Oceanic CTA/FIR, Houston CTA/FIR and lat. 
26 deg.00'00''N.
* * * * *
    Issued in Washington, DC, on November 2, 1998.
John S. Walker,
Program Director for Air Traffic Airspace Management.
[FR Doc. 98-29951 Filed 11-9-98; 8:45 am]
BILLING CODE 4910-13-M