Revocation of Offshore Airspace Areas; Control 1154H, Control 1173H, Control 1154L, and Control 1173L, California, 720-722 [2016-29144]
Download as PDF
720
Federal Register / Vol. 82, No. 2 / Wednesday, January 4, 2017 / Rules and Regulations
changes. If any damage (including, but not
limited to, signs of electrical arcing and fuel
leaks) is found during the inspection
required by paragraph (g) of this AD: Within
the time specified in paragraph (h)(1) or
(h)(2) of this AD, replace the affected fuel
booster pump with a serviceable pump, in
accordance with Airbus Military All Operator
Letter 235–025, dated July 29, 2013 (for
Model CN–235 airplanes); or Airbus Military
All Operator Letter 295–025, Revision 01,
dated August 1, 2013 (for Model C–295
airplanes).
(1) Before further flight.
(2) Within 10 days following the
inspection, provided that the airplane is
operated under the conditions specified in
Airbus Military All Operator Letter 235–025,
dated July 29, 2013 (for Model CN–235
airplanes); or Airbus Military All Operator
Letter 295–025, Revision 01, dated August 1,
2013 (for Model C–295 airplanes).
(i) New Requirement of This AD:
Modification of the Fuel Booster Pumps
For Airbus Defense and Space S.A. Model
CN–235, CN–235–100, CN–235–200, and
CN–235–300 airplanes: Within 12 months
after the effective date of this AD, modify the
electrical installation of the fuel booster
pumps, in accordance with the
Accomplishment Instructions of Airbus
Defense and Space Service Bulletin SB–235–
28–0023C, Revision 01, dated October 27,
2015. Accomplishing the modification
terminates the requirements of paragraphs (g)
and (h) of this AD for that airplane.
jstallworth on DSK7TPTVN1PROD with RULES
(j) Credit for Previous Actions
This paragraph provides credit for actions
required by paragraph (i) of this AD, if those
actions were performed before the effective
date of this AD using Airbus EADS CASA
Service Bulletin SB–235–28–0023, dated
March 14, 2014.
(k) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Branch, ANM–116, Transport Airplane
Directorate, FAA, has the authority to
approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19.
In accordance with 14 CFR 39.19, send your
request to your principal inspector or local
Flight Standards District Office, as
appropriate. If sending information directly
to the International Branch, send it to ATTN:
Shahram Daneshmandi, Aerospace Engineer,
International Branch, ANM–116, Transport
Airplane Directorate, FAA, 1601 Lind
Avenue SW., Renton, WA 98057–3356;
telephone: 425–227–1112; fax: 425–227–
1149. Information may be emailed to: 9ANM-116-AMOC-REQUESTS@faa.gov.
Before using any approved AMOC, notify
your appropriate principal inspector, or
lacking a principal inspector, the manager of
the local flight standards district office/
certificate holding district office.
(2) Contacting the Manufacturer: As of the
effective date of this AD, for any requirement
in this AD to obtain corrective actions from
a manufacturer, the action must be
accomplished using a method approved by
VerDate Sep<11>2014
15:22 Jan 03, 2017
Jkt 241001
the Manager, International Branch, ANM–
116, Transport Airplane Directorate, FAA; or
the European Aviation Safety Agency
(EASA); or EADS CASA’s EASA Design
Organization Approval (DOA). If approved by
the DOA, the approval must include the
DOA-authorized signature.
(l) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) EASA AD
2016–0014, dated January 14, 2016, for
related information. This MCAI may be
found in the AD docket on the Internet at
https://www.regulations.gov by searching for
and locating Docket No. FAA–2016–9109.
(2) Service information identified in this
AD that is not incorporated by reference is
available at the addresses specified in
paragraphs (m)(5) and (m)(6) of this AD.
(m) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(3) The following service information was
approved for IBR on February 8, 2017.
(i) Airbus Defense and Space Service
Bulletin SB–235–28–0023C, Revision 01,
dated October 27, 2015.
(ii) Reserved.
(4) The following service information was
approved for IBR on December 2, 2013 (78 FR
68688, November 15, 2013).
(i) Airbus Military All Operator Letter 235–
025, dated July 29, 2013.
(ii) Airbus Military All Operator Letter
295–025, Revision 01, dated August 1, 2013.
(5) For service information identified in
this AD, contact EADS CASA (Airbus
Defense and Space), Services/Engineering
´
Support, Avenida de Aragon 404, 28022
Madrid, Spain; telephone: +34 91 585 55 84;
fax: +34 91 585 31 27; email:
MTA.TechnicalService@Airbus.com.
(6) You may view this service information
at the FAA, Transport Airplane Directorate,
1601 Lind Avenue SW., Renton, WA. For
information on the availability of this
material at the FAA, call 425–227–1221.
(7) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
202–741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Renton, Washington, on
December 8, 2016.
Dionne Palermo,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2016–30842 Filed 1–3–17; 8:45 am]
BILLING CODE 4910–13–P
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
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
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
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 https://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 https://
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:
SUMMARY:
E:\FR\FM\04JAR1.SGM
04JAR1
Federal Register / Vol. 82, No. 2 / Wednesday, January 4, 2017 / Rules and Regulations
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.
jstallworth on DSK7TPTVN1PROD with RULES
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
VerDate Sep<11>2014
15:22 Jan 03, 2017
Jkt 241001
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
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
721
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
E:\FR\FM\04JAR1.SGM
04JAR1
722
Federal Register / Vol. 82, No. 2 / Wednesday, January 4, 2017 / Rules and Regulations
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
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.
§ 71.1
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 161228999–6999–01]
RIN 0694–AH27
Addition of Certain Entities to the
Entity List
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
AGENCY:
The Bureau of Industry and
Security (BIS) amends the Export
Administration Regulations (EAR) by
adding five entities to the Entity List.
These five entities have been
determined by the U.S. Government to
be acting contrary to the national
security or foreign policy interests of the
United States. BIS is taking this action
in conjunction with the designations
made by the Office of Foreign Asset
Controls, Department of the Treasury,
under amended Executive Order 13694.
This final rule lists these entities on the
Entity List under the destination of
Russia.
SUMMARY:
DATES:
This rule is effective January 4,
2017.
FOR FURTHER INFORMATION CONTACT:
[Amended]
Chair, End-User Review Committee,
Office of the Assistant Secretary, Export
Administration, Bureau of Industry and
Security, Department of Commerce,
Phone: (202) 482–5991, Email: ERC@
bis.doc.gov.
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:
SUPPLEMENTARY INFORMATION:
Paragraph 2003.
Offshore Airspace Areas
Background
*
*
■
*
*
*
Control 1154H [Removed]
*
*
*
*
*
Control 1173H [Removed]
*
*
*
*
*
Paragraph 6007.
Offshore Airspace Areas
*
*
*
*
*
Control 1154L [Removed]
*
*
*
*
*
Control 1173L [Removed]
jstallworth on DSK7TPTVN1PROD with RULES
*
*
*
*
*
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
VerDate Sep<11>2014
15:22 Jan 03, 2017
Jkt 241001
The Entity List (Supplement No. 4 to
part 744 of the EAR) identifies entities
and other persons reasonably believed
to be involved in, or that pose a
significant risk of being or becoming
involved in, activities that are contrary
to the national security or foreign policy
of the United States. The EAR imposes
additional licensing requirements on,
and limits the availability of most
license exceptions for exports,
reexports, and transfers (in-country) to
those persons or entities listed on the
Entity List. The license review policy
for each listed entity is identified in the
‘‘License review policy’’ column on the
Entity List and the impact on the
availability of license exceptions is
described in the Federal Register notice
adding entities or other persons to the
Entity List. BIS places entities on the
Entity List based on certain sections of
part 744 (Control Policy: End-User and
End-Use Based) and part 746
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
(Embargoes and Other Special Controls)
of the EAR.
The End-User Review Committee
(ERC) is composed of representatives of
the Departments of Commerce (Chair),
State, Defense, Energy, and where
appropriate, the Treasury. The ERC
makes decisions to add an entry to the
Entity List by majority vote and to
remove or modify an entry by
unanimous vote. The Departments
represented on the ERC have approved
these changes to the Entity List.
Entity List Additions
Additions to the Entity List
This rule implements the decision of
the agencies of the ERC to add five
entities to the Entity List. These five
entities are being added on the basis of
§ 744.11 (License requirements that
apply to entities acting contrary to the
national security or foreign policy
interests of the United States) of the
EAR. The five entries being added to the
Entity List are in Russia.
Under § 744.11(b) (Criteria for
revising the Entity List) of the EAR,
persons for whom there is reasonable
cause to believe, based on specific and
articulable facts, have been involved,
are involved, or pose a significant risk
of being or becoming involved in,
activities that are contrary to the
national security or foreign policy
interests of the United States and those
acting on behalf of such persons may be
added to the Entity List. The entities
being added to the Entity List have been
determined to be involved in activities
that are contrary to the national security
or foreign policy interests of the United
States. Specifically, in this rule, BIS
adds five entities to the Entity List, as
further described below.
Entity Additions Consistent With
Executive Order 13694
Five entities are added based on
activities that are described in Executive
Order 13694 (80 FR 18077), Blocking the
Property of Certain Persons Engaging in
Significant Malicious Cyber-Enabled
Activities, issued by the President on
April 1, 2015 and amended on
December 29, 2016.
As originally issued in April 2015,
Executive Order 13694 created a new,
targeted authority for the U.S.
government to respond more effectively
to the most significant of cyber threats,
particularly in situations where
malicious cyber actors operate beyond
the reach of existing authorities,
focusing on cyber-enabled malicious
activities. Executive Order 13694
authorized the imposition of sanctions
on individuals and entities determined
E:\FR\FM\04JAR1.SGM
04JAR1
Agencies
[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 https://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 https://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