[Federal Register Volume 64, Number 53 (Friday, March 19, 1999)]
[Rules and Regulations]
[Pages 13504-13506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-6752]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 97-ASW-24]
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. Specifically, this action modifies the Gulf of Mexico High 
Offshore Airspace Area by extending the boundaries further east and 
south 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

[[Page 13505]]

increase the vertical limits of the airspace area from Flight Level 
(FL) 280 up to and including FL 600. This action provides additional 
airspace in which domestic air traffic control (ATC) procedures may be 
used to separate and manage aircraft operations, and will enhance the 
efficient utilization of that airspace.

EFFECTIVE DATE: 0901 UTC, May 20, 1999.

FOR FURTHER INFORMATION CONTACT: 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, the Gulf of Mexico High Offshore airspace area, and 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 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 
extent 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, 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 November 10, 1998, the FAA published a notice of proposed 
rulemaking to amend 14 CFR part 71 to modify the Gulf of Mexico High 
Offshore airspace area (63 FR 62975). 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 High Offshore Airspace Area by 
extending the present airspace boundaries further east and south of the 
current location to the Houston ARTCC FIR/CTA. Additionally, this 
action increases the vertical limits of the airspace area from FL 280 
up to and including FL 600. 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.
    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 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 
than 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 rule relates to navigable airspace outside the 
United States, this document 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 International 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.
    Because this amendment 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:


[[Page 13506]]


    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 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 
shorelines; bounded on the south from east to west by the southern 
boundary of the Jacksonville ARTCC, Miami Oceanic CTA/FIR; Merida 
UTA/UIR, Houston CTA/FIR; Monterrey 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 March 15, 1999.
Reginald C. Matthews,
Acting Program Director for Air Traffic Airspace Management.
[FR Doc. 99-6752 Filed 3-18-99; 8:45 am]
BILLING CODE 4910-13-P