Amendment of the South Florida Low Offshore Airspace Area; Florida, 63971-63973 [E9-28899]
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Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Rules and Regulations
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.
erowe on DSK5CLS3C1PROD with RULES
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
VerDate Nov<24>2008
12:44 Dec 04, 2009
Jkt 220001
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
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
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.
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
§ 71.1
63971
[Amended]
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°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]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2008–1167; Airspace
Docket No. 08–ASO–16]
Amendment of the South Florida Low
Offshore Airspace Area; Florida
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
SUMMARY: This action lowers the
altitude floor within a part of the South
Florida 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 at various coastal airports
bordering along the South Florida Low
Offshore Airspace Area.
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,
E:\FR\FM\07DER1.SGM
07DER1
63972
Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Rules and Regulations
erowe on DSK5CLS3C1PROD with RULES
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 South Florida Low Offshore
Airspace Area (74 FR 3466). Interested
parties were invited to participate in
this rulemaking effort by submitting
written comments on the proposal. One
comment was received. The commenter
concurred with the proposal.
Currently, ATC cannot vector arriving
aircraft below 2,700 feet mean sea level
(MSL) while operating within the South
Florida Low Offshore Airspace Area,
limiting system efficiency and
increasing operational complexity.
Lowering the floor of the South Florida
Low Offshore Airspace Area to 1,300
feet MSL provides additional controlled
airspace allowing ATC to use lower
altitudes to vector arriving IFR aircraft
at various coastal airports along the
southeastern United States (U.S.) and
the west coast of Florida. Airports that
will benefit from this change include,
but are not necessarily limited to, those
that receive approach control service
Myrtle Beach, SC; Airport Traffic
Control Tower/Terminal Radar
Approach Control (ATCT/TRACON),
Fort Lauderdale, FL; ATCT, Miami, FL;
ATCT/TRACON and Fort Myers
International, FL, ATCT/TRACON. The
change will increase National Airspace
System (NAS) efficiency and reduce
operational complexity at the terminal
areas.
In the NPRM, the FAA proposed to
lower the airspace floor from 2,700 feet
MSL to 1,300 feet MSL throughout the
entire South Florida Low Offshore
Airspace Area. Following consultations
with the Department of Defense (DOD)
and a review of ATC requirements, the
FAA determined that a 1,300 foot MSL
floor was only needed within an 8
nautical mile (NM) wide segment of
airspace along the boundary of the
South Florida Low Offshore Airspace
Area. Based on this review, the airspace
extending upward from 1,300 feet MSL
will apply only to that portion of the
South Florida 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.
To clarify the airspace description in the
vicinity of the Florida Keys, the new
1,300-foot MSL floor segment between
12 miles and 20 miles from the
VerDate Nov<24>2008
12:44 Dec 04, 2009
Jkt 220001
shoreline extends around the Marquesas
Keys, but does not extend out to, or
include the airspace around, the Dry
Tortugas Islands. The floor in the
remainder of the South Florida Low
Offshore Airspace Area, outward from
20 NM from the shoreline, will continue
to extend upward from 2,700 feet MSL.
This action does not change the status
of any warning areas contained within
the South Florida 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
South Florida Low Offshore Airspace
Area from 2,700 feet MSL to 1,300 feet
MSL. The amendment applies to that
segment of the South Florida 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
vecotor arriving IFR aircraft at various
coastal airports along the boundary of
the South Florida Low Offshore
Airspace Area, 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
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
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 airports
along the coast of the southeastern U.S.
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
E:\FR\FM\07DER1.SGM
07DER1
Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Rules and Regulations
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
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
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.
§ 71.1
[Amended]
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:
■
Offshore Airspace Areas.
*
erowe on DSK5CLS3C1PROD with RULES
Paragraph 6007
*
*
*
*
South Florida Low, FL [Amended]
That airspace extending upward from
2,700 feet MSL bounded on the west by the
Houston Oceanic CTA/FIR; bounded on the
north from west to east by the Jacksonville
Air Route Traffic Control Center boundary, a
line 12 miles from and parallel to the U.S.
shoreline and lat. 34°00′00″ N., bounded on
the east by the New York Oceanic CTA/FIR
and the San Juan Oceanic CTA/FIR; bounded
VerDate Nov<24>2008
12:44 Dec 04, 2009
Jkt 220001
on the south from east to west by the Santo
Domingo FIR, the Port-Au-Prince CTA/FIR
and the Havana CTA/FIR; excluding the
Grand Bahama TCA and the Nassau TCA;
and that airspace extending upward from
1,300 feet MSL within the portion of the
South Florida 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, along the full
length of the South Florida Low and
extending around the Marquesas Keys, but
excluding the Dry Tortugas Islands.
*
*
*
*
*
Issued in Washington, DC, on November
23, 2009.
Edith V. Parish,
Manager, Airspace and Rules Group.
[FR Doc. E9–28899 Filed 12–4–09; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2009–0937; Airspace
Docket No. 09–ASO–27]
Establishment of Class E Airspace;
Jackson, AL
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Direct final rule; request for
comments.
SUMMARY: This action establishes Class
E Airspace at Jackson, AL. Controlled
airspace is necessary to accommodate
new Standard Instrument Approach
Procedures (SIAPs) at Jackson Muni,
Jackson. AL. The FAA is taking this
action to enhance the safety and
management of Instrument Flight Rules
(IFR) operations for SIAPs at the airport.
DATES: Effective 0901 UTC, February 11,
2010. 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
7400.9 and publication of conforming
amendments. Comments for inclusion
in the Rules Docket must be received on
or before January 21, 2010.
ADDRESSES: Send comments on this rule
to: U. S. Department of Transportation,
Docket Operations, West Building
Ground Floor, Room W12–140, 1200
New Jersey Ave., SE., Washington, DC
20590–0001; Telephone: 1–800–647–
5527; Fax: 202–493–2251. You must
identify the Docket Number FAA–2009–
0937; Airspace Docket No. 09–ASO–27,
at the beginning of your comments. You
may also submit and review received
comments through the Internet at https://
www.regulations.gov.
PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
63973
You may review the public docket
containing the rule, 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.
FOR FURTHER INFORMATION CONTACT:
Melinda Giddens, Operations Support
Group, Eastern Service Center, Federal
Aviation Administration, P.O. Box
20636, Atlanta, Georgia 30320;
telephone (404) 305–5610.
SUPPLEMENTARY INFORMATION:
The Direct Final Rule Procedure
The FAA anticipates that this
regulation will not result in adverse or
negative comments, and, therefore,
issues it as a direct final rule. The FAA
has determined that this rule only
involves an established body of
technical regulations for which frequent
and routine amendments are necessary
to keep them operationally current.
Unless a written adverse or negative
comment or a written notice of intent to
submit an adverse or negative comment
is received within the comment period,
the regulation will become effective on
the date specified above. After the close
of the comment period, the FAA will
publish a document in the Federal
Register indicating that no adverse or
negative comments were received and
confirming the effective date. If the FAA
receives, within the comment period, an
adverse or negative comment, or written
notice of intent to submit such a
comment, a document withdrawing the
direct final rule will be published in the
Federal Register, and a notice of
proposed rulemaking may be published
with a new comment period.
Comments Invited
Although this action is in the form of
a direct final rule, and was not preceded
by a notice of proposed rulemaking,
interested persons are invited to
comment on this rule by submitting
such written data, views, or arguments
as they may desire. An electronic copy
of this document may be downloaded
from and comments may be submitted
and reviewed at https://
www.regulations.gov. Recently
published rulemaking documents can
also be accessed through the FAA’s Web
page at https://www.faa.gov/
airports_airtraffic/air_traffic/
E:\FR\FM\07DER1.SGM
07DER1
Agencies
[Federal Register Volume 74, Number 233 (Monday, December 7, 2009)]
[Rules and Regulations]
[Pages 63971-63973]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-28899]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2008-1167; Airspace Docket No. 08-ASO-16]
Amendment of the South Florida Low Offshore Airspace Area;
Florida
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action lowers the altitude floor within a part of the
South Florida 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
at various coastal airports bordering along the South Florida Low
Offshore Airspace Area.
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,
[[Page 63972]]
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 South Florida Low
Offshore Airspace Area (74 FR 3466). Interested parties were invited to
participate in this rulemaking effort by submitting written comments on
the proposal. One comment was received. The commenter concurred with
the proposal.
Currently, ATC cannot vector arriving aircraft below 2,700 feet
mean sea level (MSL) while operating within the South Florida Low
Offshore Airspace Area, limiting system efficiency and increasing
operational complexity. Lowering the floor of the South Florida Low
Offshore Airspace Area to 1,300 feet MSL provides additional controlled
airspace allowing ATC to use lower altitudes to vector arriving IFR
aircraft at various coastal airports along the southeastern United
States (U.S.) and the west coast of Florida. Airports that will benefit
from this change include, but are not necessarily limited to, those
that receive approach control service Myrtle Beach, SC; Airport Traffic
Control Tower/Terminal Radar Approach Control (ATCT/TRACON), Fort
Lauderdale, FL; ATCT, Miami, FL; ATCT/TRACON and Fort Myers
International, FL, ATCT/TRACON. The change will increase National
Airspace System (NAS) efficiency and reduce operational complexity at
the terminal areas.
In the NPRM, the FAA proposed to lower the airspace floor from
2,700 feet MSL to 1,300 feet MSL throughout the entire South Florida
Low Offshore Airspace Area. Following consultations with the Department
of Defense (DOD) and a review of ATC requirements, the FAA determined
that a 1,300 foot MSL floor was only needed within an 8 nautical mile
(NM) wide segment of airspace along the boundary of the South Florida
Low Offshore Airspace Area. Based on this review, the airspace
extending upward from 1,300 feet MSL will apply only to that portion of
the South Florida 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. To clarify the
airspace description in the vicinity of the Florida Keys, the new
1,300-foot MSL floor segment between 12 miles and 20 miles from the
shoreline extends around the Marquesas Keys, but does not extend out
to, or include the airspace around, the Dry Tortugas Islands. The floor
in the remainder of the South Florida Low Offshore Airspace Area,
outward from 20 NM from the shoreline, will continue to extend upward
from 2,700 feet MSL.
This action does not change the status of any warning areas
contained within the South Florida 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 South Florida Low
Offshore Airspace Area from 2,700 feet MSL to 1,300 feet MSL. The
amendment applies to that segment of the South Florida 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 vecotor arriving IFR aircraft at various coastal
airports along the boundary of the South Florida Low Offshore Airspace
Area, 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 airports along the coast of the southeastern U.S.
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
[[Page 63973]]
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.
* * * * *
South Florida Low, FL [Amended]
That airspace extending upward from 2,700 feet MSL bounded on
the west by the Houston Oceanic CTA/FIR; bounded on the north from
west to east by the Jacksonville Air Route Traffic Control Center
boundary, a line 12 miles from and parallel to the U.S. shoreline
and lat. 34[deg]00'00'' N., bounded on the east by the New York
Oceanic CTA/FIR and the San Juan Oceanic CTA/FIR; bounded on the
south from east to west by the Santo Domingo FIR, the Port-Au-Prince
CTA/FIR and the Havana CTA/FIR; excluding the Grand Bahama TCA and
the Nassau TCA; and that airspace extending upward from 1,300 feet
MSL within the portion of the South Florida 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, along
the full length of the South Florida Low and extending around the
Marquesas Keys, but excluding the Dry Tortugas Islands.
* * * * *
Issued in Washington, DC, on November 23, 2009.
Edith V. Parish,
Manager, Airspace and Rules Group.
[FR Doc. E9-28899 Filed 12-4-09; 8:45 am]
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