98-20788. Proposed Modification to the Gulf of Mexico Low Offshore Airspace Area  

  • [Federal Register Volume 63, Number 150 (Wednesday, August 5, 1998)]
    [Proposed Rules]
    [Pages 41752-41754]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-20788]
    
    
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    DEPARTMENT OF TRANSPORTATION
    
    Federal Aviation Administration
    
    14 CFR Part 71
    
    [Airspace Docket No. 97-ASW-23]
    
    
    Proposed Modification to the Gulf of Mexico Low Offshore Airspace 
    Area
    
    AGENCY: Federal Aviation Administration (FAA), DOT.
    
    ACTION: Notice of proposed rulemaking.
    
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    SUMMARY: This action proposes to amend the Gulf of Mexico Low Offshore 
    Airspace Area. Specifically, this action proposes to modify the Gulf of 
    Mexico Low Offshore Airspace Area by extending the boundaries further 
    south and southwest of the current location to the Houston Air Route 
    Traffic Control Center [ARTCC] Flight Information Region/Control Area 
    (FIR/CTA). This proposal would provide additional airspace in which 
    domestic air traffic control procedures would be used to separate and 
    manage aircraft operations. This proposed change would enhance the 
    efficient utilization of that airspace.
    
    DATES: Comments must be received on or before September 8, 1998.
    
    ADDRESSES: Send comments on the proposal in triplicate to: Manager, Air 
    Traffic Division, ASW-500, Docket No. 97-ASW-23, Federal Aviation 
    Administration, 2601 Meacham Boulevard, Fort Worth, TX 76193-0001.
        The official docket may be examined in the Rules Docket, Office of 
    the Chief Counsel, Room 916, 800 Independence Avenue, SW., Washington, 
    DC, weekdays, except Federal holidays, between 8:30 a.m. and 5:00 p.m.
        An informal docket may also be examined during normal business 
    hours at the office of the Regional Air Traffic Division, Federal 
    Aviation Administration, 2601 Meacham Boulevard, Fort Worth, TX 76193-
    0001.
    
    FOR FURTHER INFORMATION CONTACT: Ms. Sheri Edgett Baron, Airspace and 
    Rules Division, ATA-400, Office of Air Traffic Airspace Management, 
    Federal Aviation Administration, 800 Independence Avenue, SW., 
    Washington, DC 20591; telephone: (202) 267-8783.
    
    SUPPLEMENTARY INFORMATION:
    
    Comments Invited
    
        Interested parties are invited to participate in this proposed 
    rulemaking by submitting such written data, views, or arguments as they 
    may desire. Comments that provide the factual basis supporting the 
    views and suggestions presented are particularly helpful in developing 
    reasoned regulatory decisions on the proposal. Comments are 
    specifically invited on the overall regulatory, aeronautical, economic, 
    environmental, and energy-related aspects of the proposal. 
    Communications should identify the airspace docket number and be 
    submitted in triplicate to the address listed above. Commenters wishing 
    the FAA to acknowledge receipt of their comments on this notice must 
    submit with those comments a self-addressed,
    
    [[Page 41753]]
    
    stamped postcard on which the following statement is made: ``Comments 
    to Airspace Docket No. 97-ASW-23.'' The postcard will be date/time 
    stamped and returned to the commenter. All communications received on 
    or before the specified closing date for comments will be considered 
    before taking action on the proposed rule. The proposal contained in 
    this notice may be changed in light of comments received. All comments 
    submitted will be available for examination in the Rules Docket both 
    before and after the closing date for comments. A report summarizing 
    each substantive public contact with FAA personnel concerned with this 
    rulemaking will be filed in the docket.
    
    Availability of NPRM's
    
        Any person may obtain a copy of this NPRM by submitting a request 
    to the Federal Aviation Administration, Office of Air Traffic Airspace 
    Management, 800 Independence Avenue, SW., Washington, DC 20591, or by 
    calling (202) 267-8783. Communications must identify the notice number 
    of this NPRM. Persons interested in being placed on a mailing list for 
    future NPRM's should call the FAA's Office of Rulemaking, (202) 267-
    9677, for a copy of Advisory Circular No. 11-2A, Notice of Proposed 
    Rulemaking Distribution System, which describes the application 
    procedure.
    
    Background
    
        On March 2, 1993, the FAA published a final rule (58 FR 12128) 
    which, in part, redesignated certain control areas over international 
    waters as offshore airspace areas. The redesignations were necessary to 
    comply with the Airspace Reclassification final rule issued on December 
    17, 1991 (56 FR 65638).
        One of the areas affected by the March 2, 1993, final rule was the 
    Gulf of Mexico Control Area. This area was divided vertically into two 
    areas, one of which was redesignated as the Gulf of Mexico Low Offshore 
    Airspace Area.
        In June 1996 the FAA completed an evaluation of the airspace over 
    the Gulf of Mexico. The evaluation was a combined effort with 
    representatives from the FAA, Servicios a la Navegacion en El Espacio 
    Aereo Mexicano, and other airspace users. The objective of the 
    evaluation was, in part, to identify areas where air traffic services, 
    air traffic operations, and utilization of airspace could be improved. 
    One conclusion of this evaluation was the determination that system 
    capacity would be enhanced by modifying air traffic control (ATC) 
    procedures used to control aircraft operations in the airspace over the 
    Gulf of Mexico.
        Currently, International Civil Aviation Organization (ICAO) oceanic 
    ATC procedures are used to separate and manage aircraft operations that 
    extend beyond the lateral boundary of the existing Gulf of Mexico Low 
    Offshore Airspace Area. Modifying the Gulf of Mexico Low Offshore 
    Airspace Area by extending the boundaries further south and southwest 
    of the current location to the Houston ARTCC FIR/CTA, would allow the 
    application of domestic ATC separation procedures over a larger area. 
    This proposal to modify the offshore airspace area would enhance system 
    capacity and allow for more efficient utilization of that airspace.
    
    The Proposal
    
        The FAA is proposing an amendment to part 71 of the Federal 
    Aviation Regulations (14 CFR part 71) to modify the Gulf of Mexico Low 
    Offshore Airspace Area, by extending the present airspace boundaries 
    further south and southwest of the current location to the Houston 
    ARTCC FIR/CTA. This proposed modification would allow the application 
    of domestic ATC separation procedures, in lieu of ICAO separation 
    procedures, which would enhance system capacity and allow for more 
    efficient utilization of that airspace.
        Offshore airspace area designations are published in paragraph 6007 
    of FAA Order 7400.9E, dated September 10, 1997, and effective September 
    16, 1997, which is incorporated by reference in 14 CFR 71.1. The 
    offshore airspace area designation listed in this document would be 
    published subsequently in the Order.
        The FAA has determined that this proposed 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 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.
    
    ICAO Considerations
    
        As part of this proposal relates to navigable airspace outside the 
    United States, this notice is submitted in accordance with the ICAO 
    International Standards and Recommended Practices.
        The application of International Standards and Recommended 
    Practices by the FAA, Office of Air Traffic Airspace Management, in 
    areas outside U.S. 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 the 
    document 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 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, in part, the designation of navigable 
    airspace outside the United States, the Administrator is consulting 
    with the Secretary of State and the Secretary of Defense in accordance 
    with the provisions of Executive Order 10854.
    
    List of Subjects in 14 CFR Part 71
    
        Airspace, Incorporation by reference, Navigation (air).
    
    The Proposed Amendment
    
        In consideration of the foregoing, the Federal Aviation 
    Administration proposes to amend 14 CFR part 71 as follows:
    
    [[Page 41754]]
    
    PART 71-- DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND 
    CLASS E, AIRSPACE AREAS; AIRWAYS; 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.
    
    
    Sec. 71.1  [Amended]
    
        2. The incorporation by reference in 14 CFR 71.1 of the Federal 
    Aviation Administration Order 7400.9E, Airspace Designations and 
    Reporting Points, dated September 10, 1997, and effective September 16, 
    1997, is amended as follows:
    
    Paragraph 6007--Offshore Airspace Areas
    
    * * * * *
    
    Gulf of Mexico Low [Revised]
    
        That airspace extending upward from 1,200 feet MSL bounded on 
    the west, north, and east by a line 12 miles offshore and parallel 
    to the Texas, Louisiana, Mississippi, Alabama, and Florida 
    shorelines; bounded on the south from east to west by the southern 
    boundary of the Jacksonville Air Route Traffic Control Center, Miami 
    Oceanic CTA/FIR, Merida UTA/UIR, Houston CTA/FIR; Monterrey UTA/UIR, 
    Houston CTA/FIR; to the point of beginning.
    * * * * *
        Issued in Washington, DC, on July 29, 1998.
    Reginald C. Matthews,
    Acting Program Director for Air Traffic Airspace Management.
    [FR Doc. 98-20788 Filed 8-4-98; 8:45 am]
    BILLING CODE 4910-13-P
    
    
    

Document Information

Published:
08/05/1998
Department:
Federal Aviation Administration
Entry Type:
Proposed Rule
Action:
Notice of proposed rulemaking.
Document Number:
98-20788
Dates:
Comments must be received on or before September 8, 1998.
Pages:
41752-41754 (3 pages)
Docket Numbers:
Airspace Docket No. 97-ASW-23
PDF File:
98-20788.pdf
CFR: (1)
14 CFR 71.1