Airworthiness standards: Special conditions Low airspace areas,
[Federal Register: March 14, 2000 (Volume 65, Number 50)]
[Proposed Rules]
[Page 13705-13707]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14mr00-20]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Airspace Docket No. 99-ANE-91]
RIN 2120-AA66
Proposed Modification of the East Coast Low Airspace Area
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking.
SUMMARY: This action proposes to amend the East Coast Low Airspace Area. Specifically, this action proposes to modify the East Coast Low airspace area by extending the boundaries further east, south, and southwest of the Nantucket Airport, MA, and lowering the controlled airspace floor in this new area to 2,000 feet mean sea level (MSL). The FAA is proposing this action to provide additional controlled airspace for aircraft operations arriving and departing the Nantucket Airport.
DATES: Comments must be received on or before April 24, 2000.
ADDRESSES: Send comments on the proposal in triplicate to: Manager, Air Traffic Division, ANE-500, Docket No. 99-ANE-91, Federal Aviation Administration, New England Region Headquarters, 12 New England Executive Park, Burlington, MA 01803. 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 5:00p.m.
An informal docket may also be examined during normal business hours at the office of the Regional Air Traffic Division, ANE-500, Federal Aviation Administration, New England Regional Headquarters, 12 New England Executive Park, Burlington, MA 01803.
FOR FURTHER INFORMATION CONTACT: Terry Brown, 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.
[[Page 13706]]
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 providing supporting facts for 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, stamped postcard on which the following statement is made: ``Comments to Airspace Docket No. 99-ANE-91.'' 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 also will be filedin the docket.
Availability of NPRM's
An electronic copy of this document may be downloaded, using a modem and suitable software, from the FAA regulations section of the Fedworld electronic bulletin board service (telephone: 703-321-3339) or the Federal Register's electronic bulletin board service (telephone: 202-512-1661). Internet users may reach the Federal Register's web page at http://www.access.gpo.gov/nara for access to recently published rulemaking documents.
Any person may obtain a copy of this Notice of Proposed Rulemaking (NPRM) by submitting a request to the Federal Aviation Administration, Office of Air Traffic Airspace Management, ATA-400, 800 Independence Avenue, SW., Washington, DC 20591, or by calling (202) 267-8783. Communications must identify the notice or docket 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.
The Proposal
The FAA is proposing to amend 14 CFR part 71 to modify the East Coast Low airspace area by extending the present airspace boundaries further east, south, and southwest of the Nantucket Airport and lowering the controlled floor in this area to 2,000 feet MSL. This proposed modification would provide additional airspace to allow for more efficient control of Nantucket Airport arrivals and departures.
Offshore Airspace Area designations are published in paragraph 6007 of FAA Order 7400.9G, dated September 1, 1999, and effective September 16, 1999, 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. Therefore, this proposed regulation: (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 proposed 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 International Civil Aviation Organization (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 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 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:
PART 71--DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS
-
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]
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The incorporation by reference in 14 CFR 71.1 of the Federal Aviation Administration Order 7400.9G, Airspace Designations and Reporting Points, dated September 1, 1999, and effective
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September 16, 1999, is amended as follows:
Paragraph 6007 Offshore Airspace Areas
* * * * *
East Coast Low [Revised]
That airspace extending upward from 2,000 feet MSL bounded on the west and north by a line 12 miles from and parallel to the U.S. shoreline and on the south and east by a line beginning at lat. 39 deg.25'46" N., long. 74 deg.02'34" W.; to lat. 39 deg.02'05" N., long. 73 deg.39'30" W.; to lat. 40 deg.04'20" N., long. 72 deg.30'00" W.; to lat. 40 deg.37'14" N., long. 72 deg.30'00" W.; and that airspace bounded on the west and north by a line 12 miles from and parallel to the U.S. shoreline and on the south and east by a line beginning at lat. 40 deg.41'00" N., long. 72 deg.17'00" W., thence along the northern boundary of Warning Areas W-106B and W- 105A to lat. 40 deg.58'33" N., long. 70 deg.59'00" W.; to lat. 40 deg.48'30" N., long. 70 deg.30'00" W.; to lat. 40 deg.59'00" N., long. 69 deg.40'00" W.; to lat. 41 deg.30'00" N., long. 69 deg.10'00" W.; to lat. 42 deg.05'00" N., long. 69 deg.30'00" W.; to lat. 42 deg.17'00" N., long. 69 deg.49'30" W.; to lat. 42 deg.17'00" N., long. 70 deg.00'00" W.; to lat. 43 deg.17'00" N., long. 70 deg.00'00" W.; to lat. 43 deg.33'56" N., long. 69 deg.29'12" W. * * * * *
Issued in Washington, DC, on March 2, 2000. Reginald C. Matthews, Manager, Airspace and Rules Division.
[FR Doc. 00-6123Filed3-13-00; 8:45 am]
BILLING CODE 4910-13-P
