[Federal Register Volume 82, Number 2 (Wednesday, January 4, 2017)]
[Rules and Regulations]
[Pages 720-722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29144]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2016-9263; Airspace Docket No. 15-AWA-6]
RIN 2120-AA66


Revocation of Offshore Airspace Areas; Control 1154H, Control 
1173H, Control 1154L, and Control 1173L, California

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action removes offshore airspace areas Control 1154H and 
Control 1154L located offshore of Ukiah, California, and removes 
offshore airspace areas Control 1173H and Control 1173L located 
offshore of San Francisco, California. The FAA has determined these 
offshore airspace areas are no longer required.

DATES: Effective date 0901 UTC, March 2, 2017. The Director of the 
FEDERAL REGISTER approves this incorporation by reference action under 
Title 1, Code of Federal Regulations, part 51, subject to the annual 
revision of FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11A, Airspace Designations and Reporting 
Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can 
contact the Airspace Policy Group, Federal Aviation Administration, 800 
Independence Avenue, SW., Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National 
Archives and Records Administration (NARA). For information on the 
availability of FAA Order 7400.11A at NARA, call (202) 741-6030, or go 
to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is 
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Airspace Policy Group, 
Office of Airspace Services, Federal Aviation Administration, 800 
Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION: 

[[Page 721]]

Authority for This Rulemaking

    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 within the scope of that 
authority as it removes offshore airspace areas no longer required to 
ensure the safe and efficient flow of air traffic offshore of the west 
coast.

History

    In 1950, the Civil Aeronautics Administration (CAA), (renamed the 
Federal Aviation Agency on August 23, 1958, and then renamed the 
Federal Aviation Administration (FAA) on October 15, 1966), issued a 
final rule establishing ``Control area extension (San Francisco, 
Calif.) (North dogleg route)'' (15 FR 3316, May 30, 1950). Subsequently 
in 1952, the CAA renamed the control area extension ``Control area 
extension (San Francisco, Calif.)'' (17 FR 8323, September 17, 1952). 
Then in 1962, the Federal Aviation Agency re-described the control area 
extension as an additional control area and renamed it ``Control 1173'' 
(27 FR 220-1, 220-56 (immediately after the 4 blank pages following 27 
FR 11030), November 10, 1962). In 1969, the FAA issued a final rule 
establishing ``Control 1154'' (34 FR 13589, August 23, 1969) as an 
additional control area.
    In 1993, as a result of the Airspace Reclassification final rule 
(56 FR 65638, December 17, 1991) and the Offshore Airspace 
Reconfiguration; Additional Control Areas final rule (58 FR 12128, 
March 2, 1993), additional control areas were re-designated as either 
offshore airspace areas or en route domestic airspace areas, as 
appropriate, and revised controlled airspace determinations were 
published, in accordance with Presidential Proclamation No. 5928, 
``Territorial Sea of the United States,'' signed December 27, 1988. 
Accordingly, the additional control areas Control 1154 and Control 1173 
were each re-designated into two offshore airspace areas; Control 1154L 
and Control 1154H, and Control 1173L and Control 1173H, respectively. 
The primary purpose of these offshore airspace areas was to define the 
airspace areas over the high seas for which the United States has 
jurisdiction through an ICAO regional agreement and within which 
domestic air traffic control procedures are applied.
    Based on recent aeronautical reviews of these offshore airspace 
areas, the FAA has determined that the outer boundaries for the control 
areas contain geographic latitude/longitude coordinate references that 
do not align with the Flight Information Region (FIR) boundary, as 
indicated in their legal descriptions. Additionally, the inner boundary 
of these offshore airspace areas extend inside the United States 
territorial limit and are inconsistent with the offshore airspace area 
guidance, reference being designated in international airspace, 
published in Title 14 Code of Federal Regulations, part 71, and FAA 
Order 7400.2, Procedures for Handling Airspace Matters. Further, the 
Control 1154H, Control 1173H, Control 1154L, and Control 1173L offshore 
airspace areas are duplicated by the Pacific High and Pacific Low 
offshore airspace areas that were established in 1993 (58 FR 12128, 
March 2, 1993) and amended in 2010 (75 FR 51661, August 23, 2010). No 
operational impact will occur by the removal of Control 1154 and 
Control 1173 offshore airspace areas. Therefore, the FAA is taking 
action to remove offshore airspace areas Control 1154H, Control 1173H, 
Control 1154L, and Control 1173L.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11A, Airspace Designations and 
Reporting Points, signed August 3, 2016, and effective September 15, 
2016. FAA Order 7400.11A is publicly available as listed in the 
ADDRESSES section of this document. FAA Order 7400.11A lists Class A, 
B, C, D, and E airspace areas, air traffic service routes, and 
reporting points.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR) 
part 71 by removing offshore airspace areas Control 1154H, Control 
1173H, Control 1154L, and Control 1173L. The FAA has determined these 
control areas are no longer required as they are not in compliance with 
current regulatory criteria, are duplicated by the Pacific High and 
Pacific Low offshore airspace areas, and no operational impact will 
occur by removing them. As this action removes offshore airspace areas 
no longer needed, notice and public procedure under 5 U.S.C. 553(b) are 
unnecessary.
    Offshore airspace areas (Class A) extending upward from 18,000 feet 
mean sea level (MSL) to a specified altitude are published in paragraph 
2003, and offshore airspace areas (Class E) extending upward from a 
specified altitude to, but not including 18,000 feet MSL are published 
in paragraph 6007, of FAA Order 7400.11A, signed August 3, 2016, and 
effective September 15, 2016, which is incorporated by reference in 14 
CFR 71.1. Offshore airspace areas Control 1154H and Control 1173H 
listed in this document will be subsequently removed from paragraph 
2003 of the Order. Control 1154L and Control 1173L will be subsequently 
removed from paragraph 6007 of the Order.

Regulatory Notices and Analyses

    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. 
It, therefore: (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 only affects air traffic procedures 
and air navigation, it is certified that this rule, when promulgated, 
does not have a significant economic impact on a substantial number of 
small entities under the criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical 
exclusion under the National Environmental Policy Act and its agency 
implementing regulations in FAA Order 1050.1F, ``Environmental Impacts: 
Policies and Procedures'' regarding categorical exclusions for 
procedural actions at paragraph 5-6.5a which categorically excludes 
from full environmental impact review actions that are rulemaking 
actions that designate or modify classes of airspace areas, airways, 
routes, and reporting points (see 14 CFR part 71, Designation of Class 
A, B, C, D, and E Airspace Areas; Air Traffic Service Routes; and 
Reporting Points). This airspace action consists of removing offshore 
airspace areas no long needed and is not expected to cause any 
potentially

[[Page 722]]

significant environmental impacts. In accordance with FAAO 1050.1F, 
paragraph 5-2 regarding Extraordinary Circumstances, this action has 
been reviewed for factors and circumstances in which a normally 
categorically excluded action may have a significant environmental 
impact requiring further analysis, and it is determined that 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).

The Amendment

    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(f), 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 7400.11A, 
Airspace Designations and Reporting Points, dated August 3, 2016, and 
effective September 15, 2016, is amended as follows:

Paragraph 2003. Offshore Airspace Areas

* * * * *

Control 1154H [Removed]

* * * * *

Control 1173H [Removed]

* * * * *

Paragraph 6007. Offshore Airspace Areas

* * * * *

Control 1154L [Removed]

* * * * *

Control 1173L [Removed]

* * * * *

    Issued in Washington, DC, on November 29, 2016.
Leslie M. Swann,
Acting Manager, Airspace Policy Group.
[FR Doc. 2016-29144 Filed 1-3-17; 8:45 am]
 BILLING CODE 4910-13-P