Department of Transportation February 7, 2005 – Federal Register Recent Federal Regulation Documents

This action amends Title 14 Code of Federal Regulations, part 71 (14 CFR 71) by revising Class E airspace at Rolla, MO. A review of controlled airspace for Rolla Downtown Airport revealed it does not comply with the criteria for 700 feet above ground level (AGL) airspace required for diverse departures. The area is modified and enlarged to conform to the criteria in FAA Orders.

This amendment adopts miscellaneous amendments to the required IFR (instrument flight rules) altitudes and changeover points for certain Federal airways, jet routes, or direct routes for which a minimum or maximum en route authorized IFR altitude is prescribed. This regulatory action is needed because of changes occurring in the National Airspace System. These changes are designed to provide for the safe and efficient use of the navigable airspace under instrument conditions in the affected areas.

This action revises Colored Federal Airway Green 16 (G-16), in Alaska. This action adds to the instrument flight rules (IFR) airway and route structure in Alaska by extending G-16 from Put River, AK, to Barter Island, AK. The FAA is taking this action to enhance the safety and management of aircraft operations in Alaska.

This action proposes to establish new Class E airspace at Perryville, AK. A new Standard Instrument Approach Procedure (SIAP) and Departure Procedure are being published for the Perryville Airport. There is no existing Class E airspace to contain aircraft executing the new instrument approach at Perryville, AK. Adoption of this proposal would result in the establishment of Class E airspace upward from 700 feet (ft.) and 1,200 ft. above the surface at Perryville, AK.

This action proposes to revise the Class E airspace at St. Michael, AK. Two new Standard instrument approach procedures (SIAPs) and a new Textual Departure Procedure are being published for St. Michael, AK. Additional Class E airspace is needed to contain aircraft executing instrument approaches at St. Michael Airport. Adoption of this proposal would result in additional Class E airspace upward from 700 feet (ft.) above the surface at St. Michael, AK.

This action proposes to establish eight area navigation (RNAV) routes in Florida in support of the High Altitude Redesign (HAR) project. The FAA is proposing this action to enhance safety and to improve the efficient use of the navigable airspace.

Under Part 375 of the Department's regulations, 14 CFR part 375, which provides for the operation in the United States of ``foreign civil aircraft'' which are not engaged in common carriage, persons or entities seeking to operate foreign civil aircraft within the United States involving the carriage of persons, property and mail ``for remuneration or hire'' must obtain a ``foreign aircraft permit'' from the Department of Transportation under that Part. On May 16, 2003, the National Business Aircraft Association (NBAA), a trade association that represents many business aircraft operators throughout the United States, wrote to the Department requesting a policy determination that certain types of operations that its representative companies might perform using U.S.-registered foreign civil aircraft (such as carriage of a company's own officials and guests, or aircraft time-sharing, interchange or joint ownership arrangements between companies) do not, in fact, constitute operations ``for remuneration or hire'' within the meaning of Part 375. The NBAA noted that a favorable response would eliminate the need for the companies involved to secure a permit for such operations. The Department of Transportation is now proposing to amend 14 CFR part 375 to clarify those circumstances under which companies operating U.S.-registered foreign civil aircraft are not deemed to be involved in air commerce for remuneration or hire and, therefore, are not required under Part 375 to obtain a foreign aircraft permit. On July 7, 2003, the Department solicited comments on the NBAA request (see 68 FR 40321 (July 7, 2003)). Pursuant to the Department's request, comments were filed by interested parties. The Department has reviewed the comments filed in Docket OST-2003-15511 and now proposes to amend Part 375 of our regulations as described below.