82 FR 720 - Revocation of Offshore Airspace Areas; Control 1154H, Control 1173H, Control 1154L, and Control 1173L, California

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 82, Issue 2 (January 4, 2017)

Page Range		720-722
FR Document		2016-29144

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.

Federal Register, Volume 82 Issue 2 (Wednesday, January 4, 2017)

[Federal Register Volume 82, Number 2 (Wednesday, January 4, 2017)]
[Rules and Regulations]
[Pages 720-722]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2016-29144]

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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.

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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 http://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 http://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

720 Federal Register / Vol. 82, No. 2 / Wednesday, January 4, 2017 / Rules and Regulations

changes. If any damage (including, but not the Manager, International Branch, ANM– DEPARTMENT OF TRANSPORTATION
limited to, signs of electrical arcing and fuel 116, Transport Airplane Directorate, FAA; or
leaks) is found during the inspection the European Aviation Safety Agency Federal Aviation Administration
required by paragraph (g) of this AD: Within (EASA); or EADS CASA’s EASA Design
the time specified in paragraph (h)(1) or Organization Approval (DOA). If approved by
(h)(2) of this AD, replace the affected fuel
14 CFR Part 71
the DOA, the approval must include the
booster pump with a serviceable pump, in
DOA-authorized signature.
accordance with Airbus Military All Operator [Docket No. FAA–2016–9263; Airspace
Letter 235–025, dated July 29, 2013 (for (l) Related Information Docket No. 15–AWA–6]
Model CN–235 airplanes); or Airbus Military
All Operator Letter 295–025, Revision 01, (1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) EASA AD RIN 2120–AA66
dated August 1, 2013 (for Model C–295
airplanes). 2016–0014, dated January 14, 2016, for
related information. This MCAI may be Revocation of Offshore Airspace
(1) Before further flight.
(2) Within 10 days following the found in the AD docket on the Internet at Areas; Control 1154H, Control 1173H,
inspection, provided that the airplane is http://www.regulations.gov by searching for Control 1154L, and Control 1173L,
operated under the conditions specified in and locating Docket No. FAA–2016–9109. California
Airbus Military All Operator Letter 235–025, (2) Service information identified in this
dated July 29, 2013 (for Model CN–235 AGENCY: Federal Aviation
AD that is not incorporated by reference is
airplanes); or Airbus Military All Operator Administration (FAA), DOT.
available at the addresses specified in
Letter 295–025, Revision 01, dated August 1, paragraphs (m)(5) and (m)(6) of this AD. ACTION: Final rule.
2013 (for Model C–295 airplanes).
(m) Material Incorporated by Reference SUMMARY: This action removes offshore
(i) New Requirement of This AD:
Modification of the Fuel Booster Pumps (1) The Director of the Federal Register airspace areas Control 1154H and
approved the incorporation by reference Control 1154L located offshore of Ukiah,
For Airbus Defense and Space S.A. Model
(IBR) of the service information listed in this California, and removes offshore
CN–235, CN–235–100, CN–235–200, and
CN–235–300 airplanes: Within 12 months paragraph under 5 U.S.C. 552(a) and 1 CFR airspace areas Control 1173H and
after the effective date of this AD, modify the part 51. Control 1173L located offshore of San
electrical installation of the fuel booster (2) You must use this service information Francisco, California. The FAA has
pumps, in accordance with the as applicable to do the actions required by determined these offshore airspace areas
Accomplishment Instructions of Airbus this AD, unless this AD specifies otherwise. are no longer required.
Defense and Space Service Bulletin SB–235– (3) The following service information was DATES: Effective date 0901 UTC, March
28–0023C, Revision 01, dated October 27, approved for IBR on February 8, 2017.
2015. Accomplishing the modification 2, 2017. The Director of the FEDERAL
(i) Airbus Defense and Space Service REGISTER approves this incorporation
terminates the requirements of paragraphs (g) Bulletin SB–235–28–0023C, Revision 01,
and (h) of this AD for that airplane. by reference action under Title 1, Code
dated October 27, 2015.
of Federal Regulations, part 51, subject
(j) Credit for Previous Actions (ii) Reserved.
to the annual revision of FAA Order
This paragraph provides credit for actions (4) The following service information was
7400.11 and publication of conforming
required by paragraph (i) of this AD, if those approved for IBR on December 2, 2013 (78 FR
68688, November 15, 2013).
amendments.
actions were performed before the effective
date of this AD using Airbus EADS CASA (i) Airbus Military All Operator Letter 235– ADDRESSES: FAA Order 7400.11A,
Service Bulletin SB–235–28–0023, dated 025, dated July 29, 2013. Airspace Designations and Reporting
March 14, 2014. (ii) Airbus Military All Operator Letter Points, and subsequent amendments can
(k) Other FAA AD Provisions 295–025, Revision 01, dated August 1, 2013. be viewed online at http://www.faa.gov/
(5) For service information identified in air_traffic/publications/. For further
The following provisions also apply to this
this AD, contact EADS CASA (Airbus information, you can contact the
AD:
(1) Alternative Methods of Compliance
Defense and Space), Services/Engineering Airspace Policy Group, Federal Aviation
(AMOCs): The Manager, International Support, Avenida de Aragón 404, 28022 Administration, 800 Independence
Branch, ANM–116, Transport Airplane Madrid, Spain; telephone: +34 91 585 55 84; Avenue, SW., Washington, DC 20591;
Directorate, FAA, has the authority to fax: +34 91 585 31 27; email: telephone: (202) 267–8783. The Order is
approve AMOCs for this AD, if requested MTA.TechnicalService@Airbus.com. also available for inspection at the
using the procedures found in 14 CFR 39.19. (6) You may view this service information National Archives and Records
In accordance with 14 CFR 39.19, send your at the FAA, Transport Airplane Directorate, Administration (NARA). For
request to your principal inspector or local 1601 Lind Avenue SW., Renton, WA. For information on the availability of FAA
Flight Standards District Office, as information on the availability of this
appropriate. If sending information directly Order 7400.11A at NARA, call (202)
material at the FAA, call 425–227–1221.
to the International Branch, send it to ATTN: 741–6030, or go to http://
(7) You may view this service information
Shahram Daneshmandi, Aerospace Engineer, www.archives.gov/federal_register/
that is incorporated by reference at the
International Branch, ANM–116, Transport code_of_federal-regulations/ibr_
National Archives and Records
Airplane Directorate, FAA, 1601 Lind locations.html.
Avenue SW., Renton, WA 98057–3356; Administration (NARA). For information on
the availability of this material at NARA, call FAA Order 7400.11, Airspace
telephone: 425–227–1112; fax: 425–227– Designations and Reporting Points, is
1149. Information may be emailed to: 9- 202–741–6030, or go to: http://
www.archives.gov/federal-register/cfr/ibr- published yearly and effective on
ANM-116-AMOC-REQUESTS@faa.gov.
Before using any approved AMOC, notify locations.html. September 15.
your appropriate principal inspector, or FOR FURTHER INFORMATION CONTACT:
jstallworth on DSK7TPTVN1PROD with RULES

lacking a principal inspector, the manager of Issued in Renton, Washington, on Colby Abbott, Airspace Policy Group,
the local flight standards district office/ December 8, 2016. Office of Airspace Services, Federal
certificate holding district office. Dionne Palermo, Aviation Administration, 800
(2) Contacting the Manufacturer: As of the Independence Avenue SW.,
Acting Manager, Transport Airplane
effective date of this AD, for any requirement
Directorate, Aircraft Certification Service. Washington, DC 20591; telephone: (202)
in this AD to obtain corrective actions from
a manufacturer, the action must be [FR Doc. 2016–30842 Filed 1–3–17; 8:45 am] 267–8783.
accomplished using a method approved by BILLING CODE 4910–13–P SUPPLEMENTARY INFORMATION:

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722 Federal Register / Vol. 82, No. 2 / Wednesday, January 4, 2017 / Rules and Regulations

significant environmental impacts. In DEPARTMENT OF COMMERCE (Embargoes and Other Special Controls)
accordance with FAAO 1050.1F, of the EAR.
paragraph 5–2 regarding Extraordinary Bureau of Industry and Security The End-User Review Committee
Circumstances, this action has been (ERC) is composed of representatives of
reviewed for factors and circumstances 15 CFR Part 744 the Departments of Commerce (Chair),
in which a normally categorically State, Defense, Energy, and where
[Docket No. 161228999–6999–01]
excluded action may have a significant appropriate, the Treasury. The ERC
environmental impact requiring further RIN 0694–AH27 makes decisions to add an entry to the
analysis, and it is determined that no Entity List by majority vote and to
Addition of Certain Entities to the remove or modify an entry by
extraordinary circumstances exist that Entity List
warrant preparation of an unanimous vote. The Departments
AGENCY: Bureau of Industry and represented on the ERC have approved
environmental assessment.
Security, Commerce. these changes to the Entity List.
List of Subjects in 14 CFR Part 71
ACTION: Final rule. Entity List Additions
Airspace, Incorporation by reference, Additions to the Entity List
SUMMARY: The Bureau of Industry and
Navigation (air).
Security (BIS) amends the Export This rule implements the decision of
The Amendment Administration Regulations (EAR) by the agencies of the ERC to add five
adding five entities to the Entity List. entities to the Entity List. These five
In consideration of the foregoing, the These five entities have been entities are being added on the basis of
Federal Aviation Administration determined by the U.S. Government to § 744.11 (License requirements that
amends 14 CFR part 71 as follows: be acting contrary to the national apply to entities acting contrary to the
security or foreign policy interests of the national security or foreign policy
PART 71—DESIGNATION OF CLASS A, United States. BIS is taking this action interests of the United States) of the
B, C, D, AND E AIRSPACE AREAS; AIR in conjunction with the designations EAR. The five entries being added to the
TRAFFIC SERVICE ROUTES; AND made by the Office of Foreign Asset Entity List are in Russia.
REPORTING POINTS Controls, Department of the Treasury, Under § 744.11(b) (Criteria for
under amended Executive Order 13694. revising the Entity List) of the EAR,
■ 1. The authority citation for part 71 This final rule lists these entities on the persons for whom there is reasonable
continues to read as follows: Entity List under the destination of cause to believe, based on specific and
Authority: 49 U.S.C. 106(f), 106(g); 40103,
Russia. articulable facts, have been involved,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, DATES: This rule is effective January 4, are involved, or pose a significant risk
1959–1963 Comp., p. 389. 2017. of being or becoming involved in,
activities that are contrary to the
FOR FURTHER INFORMATION CONTACT:
§ 71.1 [Amended] national security or foreign policy
Chair, End-User Review Committee, interests of the United States and those
■ 2. The incorporation by reference in Office of the Assistant Secretary, Export acting on behalf of such persons may be
14 CFR 71.1 of FAA Order 7400.11A, Administration, Bureau of Industry and added to the Entity List. The entities
Airspace Designations and Reporting Security, Department of Commerce, being added to the Entity List have been
Points, dated August 3, 2016, and Phone: (202) 482–5991, Email: ERC@ determined to be involved in activities
effective September 15, 2016, is bis.doc.gov. that are contrary to the national security
amended as follows: SUPPLEMENTARY INFORMATION: or foreign policy interests of the United
States. Specifically, in this rule, BIS
Paragraph 2003. Offshore Airspace Areas Background
adds five entities to the Entity List, as
* * * * * The Entity List (Supplement No. 4 to further described below.
part 744 of the EAR) identifies entities
Control 1154H [Removed] Entity Additions Consistent With
and other persons reasonably believed
* * * * * to be involved in, or that pose a Executive Order 13694
Control 1173H [Removed] significant risk of being or becoming Five entities are added based on
* * * * * involved in, activities that are contrary activities that are described in Executive
to the national security or foreign policy Order 13694 (80 FR 18077), Blocking the
Paragraph 6007. Offshore Airspace Areas of the United States. The EAR imposes Property of Certain Persons Engaging in
* * * * * additional licensing requirements on, Significant Malicious Cyber-Enabled
Control 1154L [Removed] and limits the availability of most Activities, issued by the President on
license exceptions for exports, April 1, 2015 and amended on
* * * * * reexports, and transfers (in-country) to December 29, 2016.
Control 1173L [Removed] those persons or entities listed on the As originally issued in April 2015,
* * * * * Entity List. The license review policy Executive Order 13694 created a new,
for each listed entity is identified in the targeted authority for the U.S.
Issued in Washington, DC, on November ‘‘License review policy’’ column on the government to respond more effectively
29, 2016.
Entity List and the impact on the to the most significant of cyber threats,
jstallworth on DSK7TPTVN1PROD with RULES

Leslie M. Swann, availability of license exceptions is particularly in situations where
Acting Manager, Airspace Policy Group. described in the Federal Register notice malicious cyber actors operate beyond
[FR Doc. 2016–29144 Filed 1–3–17; 8:45 am] adding entities or other persons to the the reach of existing authorities,
BILLING CODE 4910–13–P Entity List. BIS places entities on the focusing on cyber-enabled malicious
Entity List based on certain sections of activities. Executive Order 13694
part 744 (Control Policy: End-User and authorized the imposition of sanctions
End-Use Based) and part 746 on individuals and entities determined

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Document Created: 2017-01-04 00:29:32
Document Modified: 2017-01-04 00:29:32

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
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.
Contact		Colby Abbott, Airspace Policy Group, Office of Airspace Services, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: (202) 267- 8783.
FR Citation		82 FR 720
RIN Number		2120-AA66
CFR Associated		Airspace; Incorporation by Reference and Navigation (air)

82 FR 720 - Revocation of Offshore Airspace Areas; Control 1154H, Control 1173H, Control 1154L, and Control 1173L, California

DEPARTMENT OF TRANSPORTATIONFederal Aviation Administration

Federal Register Volume 82, Issue 2 (January 4, 2017)

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration