[Federal Register Volume 74, Number 12 (Wednesday, January 21, 2009)]
[Proposed Rules]
[Pages 3465-3466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1108]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-1170; Airspace Docket No. 08-AEA-27]


Proposed Amendment of the Atlantic Low Offshore Airspace Area; 
East Coast United States

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend the altitude floor of the 
Atlantic Low Offshore Airspace Area, located off the east coast of the 
United States (U.S.). The FAA is proposing to lower the floor of the 
area from 5,500 feet above mean sea level (MSL) to 1,700 feet MSL. This 
action would provide additional altitudes for air traffic control to 
vector aircraft on arrival to Atlantic City, NJ, ensuring the safety of 
aircraft and the efficient use of airspace within the National Airspace 
System.

DATES: Comments must be received on or before March 9, 2009.

ADDRESSES: Send comments on the proposal to the U.S. Department of 
Transportation, Docket Operations, M-30, 1200 New Jersey Avenue, SE., 
West Building Ground Floor, Room W12-140, Washington, DC 20590-0001; 
telephone: (202) 366-9826. You must identify the docket number FAA-
2008-1170 and Airspace Docket No. 08-AEA-27 at the beginning of your 
comments. You may also submit comments on the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace and Rules 
Group, Office of System Operations Airspace and AIM, 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 both docket numbers (FAA Docket No. 
FAA-2008-1170 and Airspace Docket No. 08-AEA-27) and be submitted in 
triplicate to the Docket Management Facility (see ADDRESSES section for 
address and phone number). You may also submit comments through the 
Internet at http://www.regulations.gov.
    Commenter's wishing the FAA to acknowledge receipt of their 
comments on this action must submit with those comments a self-
addressed, stamped postcard on which the following statement is made: 
``Comments to FAA Docket No. FAA-2008-1170 and Airspace Docket No. 08-
AEA-27.'' 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 action may be changed in light of 
comments received. All comments submitted will be available for 
examination in the public 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 NPRMs

    An electronic copy of this document may be downloaded through the 
Internet at http://www.regulations.gov. Recently published rulemaking 
documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any 
comments received and any final disposition in person in the Dockets 
Office (see ADDRESSES section for address and phone number) between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. An 
informal docket may also be examined during normal business hours at 
the office of the Eastern Service Center, Federal Aviation 
Administration, Room 210, 1701 Columbia Avenue, College Park, Georgia 
30337.
    Persons interested in being placed on a mailing list for future 
NPRM's should contact 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 an amendment to Title 14 Code of Federal 
Regulations (14 CFR) part 71 to modify the designated altitude floor of 
the Atlantic Low Offshore Airspace Area. The proposed change would 
lower the floor of the area from 5,500 feet MSL to 1,700 feet MSL. 
Currently, Air Traffic Control (ATC) cannot vector arriving aircraft 
below 5,500 feet MSL while operating within the Atlantic Low Offshore 
Airspace Area. The proposed change would provide additional controlled 
airspace so that ATC could use lower altitudes while vectoring aircraft 
on arrival to Atlantic City, NJ. The change would increase ATC system 
efficiency and reduce complexity at Atlantic City.
    Offshore airspace areas are published in paragraph 6007, of FAA 
Order 7400.9S signed October 3, 2008, and effective October 31, 2008, 
which is incorporated by reference in 14 CFR 71.1. The offshore 
airspace area 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 proposed regulation: (1) Is not a ``significant 
regulatory action'' under Executive Order 12866; (2) is not a 
``significant rule'' under Department of Transportation (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.
    The FAA's authority to issue rules regarding aviation safety is 
found in Title 49 of the United States Code. Subtitle I, Section 106 
describes the authority of the FAA Administrator. Subtitle VII, 
Aviation Programs,

[[Page 3466]]

describes in more detail the scope of the agency's authority.
    This rulemaking is promulgated under the authority described in 
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the 
FAA is charged with prescribing regulations to assign the use of the 
airspace necessary to ensure the safety of aircraft and the efficient 
use of airspace. This regulation is within the scope of that authority 
as it modifies the low offshore airspace area in New Jersey.

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 System Operations Airspace and AIM, 
Airspace & Rules Group, in areas outside the United States 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, B, C, D AND E AIRSPACE AREAS; AIR 
TRAFFIC SERVICE 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 FAA Order 
7400.9S, Airspace Designations and Reporting Points, signed October 3, 
2008, and effective October 31, 2008, is amended as follows:

Paragraph 6007 Offshore Airspace Areas.

* * * * *

Atlantic Low [Amended]

    That airspace extending upward from 1,700 feet MSL bounded on 
the east by the Moncton FIR and the New York Oceanic CTA/FIR, on the 
south by lat. 34[deg]00'00'' N., on the west and north by a line 12 
miles from and parallel to the U.S. shoreline, excluding Federal 
airways and the East Coast Low offshore airspace area.
* * * * *

    Issued in Washington, DC, on January 12, 2009.
Edith V. Parish,
Manager, Airspace and Rules Group.
 [FR Doc. E9-1108 Filed 1-16-09; 8:45 am]
BILLING CODE 4910-13-P