[Federal Register Volume 68, Number 64 (Thursday, April 3, 2003)]
[Notices]
[Pages 16340-16342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-8139]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2003-14824; Airspace Docket No. 00-AWA-3]
RIN 2120-AA66


Designation of Oceanic Airspace

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of provision of air traffic services in oceanic 
airspace.

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SUMMARY: By this action the FAA informs airspace users of the type of 
air traffic control (ATC) service provided in the oceanic airspace 
controlled by the United States of America (U.S.). This notice is 
consistent with U.S. obligations under the Convention on International 
Civil Aviation (Chicago Convention), including, that all Contracting 
States disseminate information regarding the types of ATC services 
provided in oceanic airspace under their control.

FOR FURTHER INFORMATION CONTACT: Mr. 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.

SUPPLEMENTARY INFORMATION: 

Background

International Civil Aviation Organization (ICAO)

    The Chicago Convention was adopted to promote the safe and orderly 
development of international civil aviation. The Chicago Convention 
also

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created the International Civil Aviation Organization (ICAO), which 
promulgates uniform international Standards and Recommended Practices 
(SARPs) aimed at standardizing international civil aviation operational 
practices and services. Currently, these SARPs are detailed in 18 
annexes to the Chicago Convention. Annex 11, Air Traffic Services, and 
Annex 15, Aeronautical Information Services, are of particular 
relevance to this notice as they address civil aircraft operations, the 
establishment of airspace, ATC services in international airspace, and 
the dissemination of aeronautical information.
    Most recently ICAO recommended, and the FAA concurred, that all 
Contracting States take action to define their oceanic airspace, and 
inform those interested as to the type of ATC services that would be 
provided.
    By this action the FAA gives notice to those interested parties 
operating in the oceanic airspace controlled by the U.S. of the type of 
ATC services provided within the airspace.

ATC Services/Procedures Provided

    Pursuant to the Chicago Convention, the U.S. accepted 
responsibility for providing ATC services over the domestic U.S. and 
within certain areas of the western half of the North Atlantic, the 
Gulf of Mexico, the Caribbean, and the North Pacific. In the airspace 
over the contiguous U.S. and out to 12 nautical miles (NM) from the 
U.S. shores, domestic ATC separation is applied (with certain 
limitations) along with additional services (e.g., traffic advisories, 
bird activity information, weather and chaff information, etc.).
    The U.S. also manages airspace areas outside of the domestic U.S. 
These areas are called Control Areas (CTA) and Flight Information 
Regions (FIR). Within these CTA/FIR the U.S. applies oceanic separation 
procedures consistent with ICAO regional procedures.
    The FAA may also apply, per Annex 11, domestic ATC procedures 
within designated Offshore/Control airspace areas provided certain 
conditions are met. Specifically, these airspace areas must be within 
signal coverage of domestic radio navigational aid or ATC radar 
coverage from the 12-NM limit outward to the inner oceanic CTA/FIR 
boundaries. The Chicago Convention permits the application of domestic 
ATC procedures even though this is international airspace. However, 
within the oceanic CTA/FIR area itself, ICAO oceanic ATC procedures are 
used instead of domestic procedures.

Article of Exemption

    Article 3 of the Chicago Convention provides that the Chicago 
Convention, and its annexes, are not applicable to state-aircraft 
(which includes military aircraft). However, article 3 requires states, 
when issuing regulations for their state aircraft, to have due regard 
for the safety of navigation of civil aircraft. The U.S., as a 
Contracting State, complies with this provision.
    Further, article 12 obligates each Contracting State to adopt 
measures to ensure that persons operating an aircraft within its 
territory will comply with that state's air traffic rules, and with 
Annex 2, Rules of the Air, when operating over the high seas. The U.S. 
has satisfied this responsibility through Title 14, Code of Federal 
Regulations (14 CFR) part 91, General Operating and Flight Rules, which 
requires that operators of aircraft comply with U.S. operating rules 
when in the U.S. and that U.S.-registered aircraft comply with Annex 2 
when over the high seas (see 14 CFR 91.703).
    Section 91.703 applies only to civil aircraft. State aircraft 
operating outside the U.S. are only subject to the ``due regard'' 
provisions of article 3 of the Chicago Convention. The SARPs in Annex 
11, apply to airspace under the jurisdiction of a Contracting State 
that has accepted the responsibility of providing air traffic services 
over the high seas (oceanic airspace), or in airspace of undetermined 
sovereignty.

U.S. Controlled Oceanic Airspace

    The ICAO classes of airspace and associated services provided, as 
described in Annex 11, to be used by the U.S. within their delegated 
Oceanic/Arctic CTA/FIR areas are: (1) Class A airspace area (instrument 
flight rules (IFR) flights only are permitted, all flights are provided 
with ATC service and are separated from each other); (2) Class E 
airspace area (IFR and visual flight rules (VFR) flights are permitted, 
IFR flights are provided with ATC service and are separated from other 
IFR flights); and (3) Class G airspace area (IFR and VFR flights are 
permitted, IFR flights are provided with ATC service and are separated 
from other IFR flights). All flights in these airspace areas would 
receive traffic information as far as is practical.

Anchorage Oceanic CTA/FIR

    Aircraft operating in the Anchorage Oceanic CTA/FIR can expect to 
receive ATC services associated with the following types of airspace 
areas and associated altitudes:

Class G--below FL 55;
 Class A--FL 55 to FL 600, inclusive except less than 100 NM seaward is 
Class E below FL 180;
Class E--above FL 600.

Anchorage Arctic CTA/FIR

    Aircraft operating in the Anchorage Arctic CTA/FIR can expect to 
receive ATC services associated with the following types of airspace 
areas and associated altitudes:

Class G--below FL 230;
Class A--FL 230 to FL 600, inclusive;
Class E--above FL 600.

Houston Oceanic CTA/FIR

    Aircraft operating in the Houston Oceanic CTA/FIR can expect to 
receive ATC services associated with the following types of airspace 
areas and associated altitudes:

Class G--below FL 15;
Class E--FL 15 to, but not including FL 180;
Class A--FL 180 to FL 600, inclusive;
Class E--above FL 600.

Miami Oceanic CTA/FIR

    Aircraft operating in the Miami Oceanic CTA/FIR can expect to 
receive ATC services associated with the following types of airspace 
areas and associated altitudes:

Class G--below FL 25;
Class--FL 25 to, but not including FL 180;
Class A--FL 180 to FL 600, inclusive;
Class E--above FL 600.

New York Oceanic CTA/FIR, Excluding That Portion of the Airspace 
Delegated to NAVCANADA

    Aircraft operating in the New York Oceanic CTA/FIR, excluding that 
portion of the airspace delegated to NAVCANADA can expect to receive 
ATC services associated with the following types of airspace areas and 
associated altitudes:

Class G--below FL 55;
Class A--FL 55 to FL 600, inclusive;
Class E--above FL 600.

Oakland Oceanic CTA/FIR

    Aircraft operating in the Oakland Oceanic CTA/FIR can expect to 
receive ATC services associated with the following types of airspace 
areas and associated altitudes:

Class G--below FL 55;
Class A--FL 55 to FL 600, inclusive except less than 100 NM seaward 
from the shoreline within controlled airspace, sunrise to sunset, is 
Class E below FL 200;
Class E--above FL 600.

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Oakland/Nauru UTA Airspace Area Delegated to Oakland Center Above FL245

    Aircraft operating in the Oakland/Nauru UTA airspace area delegated 
to Oakland Center above FL 245 can expect to receive ATA services 
associated with the following types of airspace and associated 
altitudes:

Class A--above FL 245 to FL 600, inclusive except less than 100 NM 
seaward from the shoreline within controlled airspace, sunrise to 
sunset, is Class E below FL 200;
Class E--above FL 600.

Oakland/Tokyo UTA Airspace Area Delegated to Oakland Center at and 
Above FL 55

    Aircraft operating in the Oakland/Tokyo UTA delegated airspace to 
Oakland Center at and above FL 55 can expect to receive ATC services 
associated with the following types of airspace and associated 
altitudes:

Class A--FL 55 to FL 600, inclusive except less than 100 NM seaward 
from the shoreline within controlled airspace, sunrise to sunset, is 
Class E below FL 200;
Class E--above FL 600.

San Juan Oceanic CTA/FIR

    Aircraft operating in the San Juan Oceanic CTA/FIR can expect to 
receive ATC services associated with the following types of airspace 
and associated altitudes:

Class G--below FL 25;
Class E--FL 25 to, but not including FL 180;
Class A--FL 180 to FL 600, inclusive;
Class E--above FL 600.

    Accordingly, the U.S. designation of ICAO classes of Oceanic 
Airspace and associated altitudes, as described in this notice will be 
reflected on the appropriate aeronautical charts.

    Issued in Washington, DC, on March 28, 2003.
Reginald C. Matthews,
Manager, Airspace and Rules Division.
[FR Doc. 03-8139 Filed 4-2-03; 8:45 am]
BILLING CODE 4910-13-P