[Federal Register Volume 65, Number 50 (Tuesday, March 14, 2000)]
[Proposed Rules]
[Pages 13705-13707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-6123]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 99-ANE-91]
RIN 2120-AA66


Proposed Modification of the East Coast Low Airspace Area

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This action proposes to amend the East Coast Low Airspace 
Area. Specifically, this action proposes to modify the East Coast Low 
airspace area by extending the boundaries further east, south, and 
southwest of the Nantucket Airport, MA, and lowering the controlled 
airspace floor in this new area to 2,000 feet mean sea level (MSL). The 
FAA is proposing this action to provide additional controlled airspace 
for aircraft operations arriving and departing the Nantucket Airport.

DATES: Comments must be received on or before April 24, 2000.

ADDRESSES: Send comments on the proposal in triplicate to: Manager, Air 
Traffic Division, ANE-500, Docket No. 99-ANE-91, Federal Aviation 
Administration, New England Region Headquarters, 12 New England 
Executive Park, Burlington, MA 01803. 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, ANE-500, 
Federal Aviation Administration, New England Regional Headquarters, 12 
New England Executive Park, Burlington, MA 01803.

FOR FURTHER INFORMATION CONTACT: Terry Brown, 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.

[[Page 13706]]


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 providing supporting facts for 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. 99-ANE-91.'' 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 also will be filed in the docket.

Availability of NPRM's

    An electronic copy of this document may be downloaded, using a 
modem and suitable software, from the FAA regulations section of the 
Fedworld electronic bulletin board service (telephone: 703-321-3339) or 
the Federal Register's electronic bulletin board service (telephone: 
202-512-1661). Internet users may reach the Federal Register's web page 
at http://www.access.gpo.gov/nara for access to recently published 
rulemaking documents.
    Any person may obtain a copy of this Notice of Proposed Rulemaking 
(NPRM) by submitting a request to the Federal Aviation Administration, 
Office of Air Traffic Airspace Management, ATA-400, 800 Independence 
Avenue, SW., Washington, DC 20591, or by calling (202) 267-8783. 
Communications must identify the notice or docket 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.

The Proposal

    The FAA is proposing to amend 14 CFR part 71 to modify the East 
Coast Low airspace area by extending the present airspace boundaries 
further east, south, and southwest of the Nantucket Airport and 
lowering the controlled floor in this area to 2,000 feet MSL. This 
proposed modification would provide additional airspace to allow for 
more efficient control of Nantucket Airport arrivals and departures.
    Offshore Airspace Area designations are published in paragraph 6007 
of FAA Order 7400.9G, dated September 1, 1999, and effective September 
16, 1999, 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. 
Therefore, this proposed 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 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.

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 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 
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, 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 7400.9G, Airspace Designations and 
Reporting Points, dated September 1, 1999, and effective

[[Page 13707]]

September 16, 1999, is amended as follows:

Paragraph 6007  Offshore Airspace Areas

* * * * *

East Coast Low [Revised]

    That airspace extending upward from 2,000 feet MSL bounded on 
the west and north by a line 12 miles from and parallel to the U.S. 
shoreline and on the south and east by a line beginning at lat. 
39 deg.25'46" N., long. 74 deg.02'34" W.; to lat. 39 deg.02'05" N., 
long. 73 deg.39'30" W.; to lat. 40 deg.04'20" N., long. 
72 deg.30'00" W.; to lat. 40 deg.37'14" N., long. 72 deg.30'00" W.; 
and that airspace bounded on the west and north by a line 12 miles 
from and parallel to the U.S. shoreline and on the south and east by 
a line beginning at lat. 40 deg.41'00" N., long. 72 deg.17'00" W., 
thence along the northern boundary of Warning Areas W-106B and W-
105A to lat. 40 deg.58'33" N., long. 70 deg.59'00" W.; to lat. 
40 deg.48'30" N., long. 70 deg.30'00" W.; to lat. 40 deg.59'00" N., 
long. 69 deg.40'00" W.; to lat. 41 deg.30'00" N., long. 
69 deg.10'00" W.; to lat. 42 deg.05'00" N., long. 69 deg.30'00" W.; 
to lat. 42 deg.17'00" N., long. 69 deg.49'30" W.; to lat. 
42 deg.17'00" N., long. 70 deg.00'00" W.; to lat. 43 deg.17'00" N., 
long. 70 deg.00'00" W.; to lat. 43 deg.33'56" N., long. 
69 deg.29'12" W.
* * * * *

    Issued in Washington, DC, on March 2, 2000.
Reginald C. Matthews,
Manager, Airspace and Rules Division.
[FR Doc. 00-6123 Filed 3-13-00; 8:45 am]
BILLING CODE 4910-13-P