[Federal Register Volume 70, Number 227 (Monday, November 28, 2005)]
[Rules and Regulations]
[Pages 71237-71238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23306]



[[Page 71237]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2005-22399; Airspace Docket No. 05-AAL-27]
RIN 2120-AA66


Modification of the Norton Sound Low Offshore Airspace Area; AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends the Norton Sound Low airspace area, AK. 
Specifically, this action modifies the Norton Sound Low airspace area 
in the vicinity of the Deering Airport, AK, by lowering the controlled 
airspace floor to 1,200 feet mean sea level (MSL) and expanding the 
area to a 45-nautical mile (NM) radius of the airport. The FAA is 
taking this action to provide additional controlled airspace for 
aircraft instrument operations at the Deering Airport.

EFFECTIVE DATE: 0901 UTC, February 16, 2006.

FOR FURTHER INFORMATION CONTACT: Ken McElroy, Airspace and Rules, 
Office of System Operations Airspace and AIM, Federal Aviation 
Administration, 800 Independence Avenue, SW., Washington, DC 20591; 
telephone: (202) 267-8783.

SUPPLEMENTARY INFORMATION:

History

    On September 21, 2005, the FAA published in the Federal Register a 
notice of proposed rulemaking to modify the Norton Sound Low Offshore 
Airspace Area in Alaska (70 FR 55325). Interested parties were invited 
to participate in this rulemaking effort by submitting written comments 
on the proposal. No comments were received. A review of the airspace 
configuration at Nome, Alaska, revealed that an exclusion for the Nome 
Class E airspace was not needed; this resulted in a minor change to the 
legal description of the Norton Sound Low area, which removed the 
exclusion for the Nome, Alaska, Class E airspace.
    Norton Sound Low airspace areas are published in paragraph 6007 of 
FAA Order 7400.9N dated September 1, 2005, and effective September 15, 
2005, which is incorporated by reference in 14 CFR 71.1. The Norton 
Sound Low airspace area listed in this document will be published 
subsequently in the order.

The Rule

    This action amends to Title 14 Code of Federal Regulations (14 CFR) 
part 71 to modify the Norton Sound Low airspace area, AK, by lowering 
the floor to 1,200 feet MSL within a 45-NM radius of Deering Airport, 
AK. This action establishes controlled airspace to support instrument 
flight rules operations at Deering Airport. The FAA Instrument Flight 
Procedures Production and Maintenance Branch has developed four new 
instrument approach procedures for the Deering Airport. New controlled 
airspace extending upward from 1,200 feet MSL above the surface in 
international airspace is created by this action.
    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.

ICAO Considerations

    As part of 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 
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 consulted with the Secretary of State and the Secretary 
of Defense in accordance with the provisions of Executive Order 10854.

Environmental Review

    The FAA has determined that this action qualifies for categorical 
exclusion under the National Environmental Policy Act in accordance 
with FAA Order 1050.1E, Policies and Procedures for Considering 
Environmental Impacts. This airspace action is not expected to cause 
any potentially significant environmental impacts, and 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).

Adoption of the Amendment

0
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(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 7400.9N, 
Airspace Designations and Reporting

[[Page 71238]]

Points, dated September 1, 2005, and effective September 15, 2005, is 
amended as follows:

Paragraph 6007--Offshore Airspace Areas.

* * * * *

Norton Sound Low, AK [Amended]

    That airspace extending upward from 1,200 MSL within a 45-mile 
radius of the Deering Airport, Alaska, and airspace extending upward 
from 14,500 feet MSL within an area bounded by a line beginning at 
Lat. 59[deg]59'57'' N., long. 168[deg]00'08'' W.; to Lat. 
62[deg]35'00'' N., long. 175[deg]00'00'' W.; to Lat. 65[deg]00'00'' 
N., long. 168[deg]58'23'' W.; to Lat. 68[deg]00'00'' N., long. 
168[deg]58'23'' W.; to a point 12 miles offshore at Lat. 
68[deg]00'00'' N.; thence by a line 12 miles from and parallel to 
the shoreline to Lat. 56[deg]42'59'' N., long. 160[deg]00'00'' W.; 
to Lat. 58[deg]06'57'' N., long. 160[deg]00'00'' W.; to Lat. 
57[deg]45'57'' N., long. 161[deg]46'08'' W.; to the point of 
beginning, excluding that portion that lies within Class E airspace 
above 14,500 feet MSL, Federal airways and the Nome and Kotzebue, 
AK, Class E airspace areas.
* * * * *

    Issued in Washington, DC, on November 17, 2005.
Edith V. Parish,
Manager, Airspace and Rules.
[FR Doc. 05-23306 Filed 11-25-05; 8:45 am]
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