Amendment of the South Florida Low Offshore Airspace Area; Florida, 63971-63973 [E9-28899]

Download as PDF 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 http:// 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 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/ 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]


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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]
BILLING CODE 4910-13-P