[Federal Register Volume 74, Number 233 (Monday, December 7, 2009)]
[Rules and Regulations]
[Pages 63970-63971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28897]


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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]


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action lowers the altitude floor within a part of the 
Atlantic Low Offshore Airspace Area. This action provides additional 
controlled airspace to enable air traffic control (ATC) to more 
efficiently handle arriving instrument flight rules (IFR) aircraft a 
various coastal airports along the United States (U.S.) east coast.

DATES: Effective Dates: 0901 UTC, February 11, 2010. The Director of 
the Federal Register approves this incorporation by reference action 
under 1 CFR part 51, subject to the annual revision of FAA Order 7400.9 
and publication of conforming amendments.

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:

History

    On Wednesday January 21, 2009, the FAA published in the Federal 
Register a notice of proposed rulemaking to amend the Atlantic Low 
Offshore Airspace Area (74 FR 3465). Interested parties were invited to 
participate in this rulemaking effort by submitting written comments on 
the proposal. One comment was received. The commenter expressed support 
for the proposal.
    Currently, ATC cannot vector arriving aircraft below 5,500 feet 
mean sea level (MSL) while operating within the Atlantic Low Offshore 
Airspace Area, limiting system efficiency and increasing operational 
complexity. Lowering the floor of the Atlantic Low Offshore Airspace 
Area provides additional controlled airspace to allowing ATC to use 
lower altitudes to vector arriving IFR aircraft at various airports 
along the U.S. east coast, such as those that receive approach control 
service from Atlantic City airport traffic control tower (ATCT). The 
change will increase National Airspace System (NAS) efficiency and 
reduce operational complexity.
    In the NPRM, the FAA proposed to lower the airspace floor from 
5,500 feet MSL to 1,700 feet MSL throughout the entire Atlantic Low 
Offshore Airspace Area. Following consultations with the Department of 
Defense (DOD) and a review of ATC requirements, the FAA determined that 
a 1,700 foot MSL floor was only needed within an 8 nautical mile (NM) 
wide segment of airspace along the western boundary of the Atlantic Low 
Offshore Airspace Area. Based on this review, the airspace extending 
upward from 1,700 feet MSL will apply only to that portion of the 
Atlantic Low Offshore Airspace Area that lies between a line drawn 12 
miles from and parallel to the U.S. shoreline and a line drawn 20 miles 
from and parallel to the U.S. shoreline. The floor in the remainder of 
the Atlantic Low Offshore Airspace Area outward from 20 NM from the 
shoreline will continue to extend upward from 5,500 feet MSL.
    This action does not change the status of any warning areas 
contained within the Atlantic Low Offshore Airspace Area or affect DOD 
operations conducted therein. As with all warning areas, a letter of 
agreement between the controlling and using agencies is executed to 
define the conditions and procedures under which the controlling agency 
may authorize nonparticipating aircraft to transit the warning area.
    With the exception of the change described above, and editorial 
changes, this amendment is the same as that proposed in the NPRM.
    Offshore Airspace Areas are published in paragraph 6007 of FAA 
Order 7400.9T, signed August 27, 2009, and effective September 15, 
2009, 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 Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR) 
part 71 by lowering the floor in a portion of the Atlantic Low Offshore 
Airspace Area from 5,500 feet MSL to 1,700 MSL within an 8 NM wide band 
along the western boundary of the Atlantic Low Offshore Airsace Area. 
The amendment applies to that segment of the Atlantic Low that lies 
between a line drawn 12 miles from and parallel to the U.S. shoreline 
and a line drawn 20 miles from and parallel to the U.S. shoreline. The 
change provides additional controlled airspace allowing ATC to use 
lower altitudes to vectoring arriving aircraft to various airports 
along the U.S.

[[Page 63971]]

east coast, increasing NAS efficiency and reducing operational 
complexity.
    The FAA has determined that this 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 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 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, 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 with the scope of that authority as 
it provides additional controlled airspace for IFR aircraft operations 
at east coast airports.

ICAO Considerations

    As part of this action 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, 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 the 
designation of navigable airspace outside the United States, it has 
been reviewed by the Secretary of State and the Secretary of Defense in 
accordance with the provisions of Executive Order 10854.

Environmental Review

    The FAA has determined that this action qualifies for categorical 
exclusion under the National Environmental Policy Act in accordance 
with FAA Order 1050.1E, ``Environmental Impacts: Policies and 
Procedures,'' paragraph 311a. This airspace action is not expected to 
cause any potentially significant environmental impacts, and no 
extraordinary circumstances exist that warrant preparation of an 
environmental assessment.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration 
amends 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

0
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]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9T, 
Airspace Designations and Reporting Points, signed August 27, 2009, and 
effective September 15, 2009 is amended as follows:

Paragraph 6007 Offshore Airspace Areas.

* * * * *

Atlantic Low [Amended]

    That airspace extending upward from 5,500 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; and that 
airspace extending upward from 1,700 feet MSL within the portion of 
the Atlantic Low offshore airspace area that lies between a line 
drawn 12 miles from and parallel to the U.S. shoreline and a line 
drawn 20 miles from and parallel to the U.S. shoreline.
* * * * *

    Issued in Washington, DC, on November 23, 2009.
Edith V. Parish,
Manager, Airspace and Rules Group.
[FR Doc. E9-28897 Filed 12-4-09; 8:45 am]
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