Federal Register, Volume 74, Number 76, April 22, 2009, Pages 18285-18448 Page: 18,289
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Federal Register/Vol. 74, No. 76/Wednesday, April 22, 2009/Rules and Regulations
document will be published
subsequently in the Order.
This action amends Title 14 Code of
Federal Regulations (14 CFR) part 71 by
modifying the boundaries of the
Atlantic High and San Juan Low
Offshore Airspace Areas to match recent
boundary changes to the Miami, San
Juan and New York Oceanic CTA/FIRs.
The CTA/FIR boundaries were modified
due to the implementation of the
WATRS Plus project, which introduced
a redesigned route structure and a
reduced lateral separation standard on
oceanic routes in the WATRS Plus CTAs
to enhance en route capacity. This
change is a minor realignment of one
point common to both the Atlantic High
and San Juan Low Offshore Airspace
area boundaries. The point at lat.
21008'00' N., long. 67045'00" W. is
changed to read lat. 2114'21" N., long.
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 Administration.
Subtitle VII, Aviation Programs,
describes in more detail the scope of the
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 enhances the safety of aircraft within
the National Airspace System.
As 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
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, the Administrator consulted with
the Secretary of State and the Secretary
of Defense in accordance with the
provisions of Executive Order 10854.
The FAA has determined that this
action qualifies for categorical exclusion
under the National Environmental
Policy Act in accordance with
paragraph 311a of FAA Order 1050.1E,
Environmental Impacts: Polices and
Procedures. This airspace action is not
expected to cause any potentially
significant environmental impacts, and
no extraordinary circumstances exist
that warrant preparation of an
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
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
a 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.
* 2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.9S,
Airspace Designations and Reporting
Points, signed October 3, 2008 and
effective October 31, 2008, is amended
Paragraph 2003 Offshore Airspace Areas.
Atlantic High [Amended]
That airspace extending upward from
18,000 feet MSL to and including FL 600
within the area bounded on the east from
north to south by the Moncton FIR, New
York Oceanic CTA/FIR, and the San Juan
Oceanic CTA/FIR; to the point where the San
Juan Oceanic CTA/FIR boundary turns
southwest at lat. 2114'21" N., long. 6739'02"
W., thence from that point southeast via a
straight line to intersect a 100-mile radius of
the Fernando Luis Ribas Dominicci Airport at
lat. 1947'28" N., long. 6709'37" W., thence
counter-clockwise via a 100-mile radius of
the Fernando Luis Ribas Dominicci Airport
to lat. 1853'05" N., long. 6747'43" W.,
thence from that point northwest via a
straight line to intersect the point where the
Santo Domingo FIR turns northwest at lat.
1939'00" N., long. 6909'00" W., thence from
that point the area is bounded on the south
from east to west by the Santo Domingo FIR,
Port-Au-Prince CTA/FIR, and the Havana
CTA/FIR; bounded on the west from south to
north by the Houston Oceanic CTA/FIR,
southern boundary of the Jacksonville Air
Route Traffic Control Center and a line 12
miles offshore and parallel to the U.S.
Paragraph 6007 Offshore Airspace Areas.
San Juan Low, PR [Amended]
That airspace extending upward from
5,500 feet MSL from the point of intersection
of the San Juan Oceanic CTA/FIR and Miami
Oceanic CTA/FIR boundary at lat. 2114'21"
N., long. 6739'02" W., thence from that point
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United States. Office of the Federal Register. Federal Register, Volume 74, Number 76, April 22, 2009, Pages 18285-18448, periodical, April 22, 2009; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc132938/m1/11/: accessed July 20, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.