[Federal Register Volume 71, Number 109 (Wednesday, June 7, 2006)]
[Rules and Regulations]
[Pages 32825-32826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-8848]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2005-22024; Airspace Docket No. 06-AAL-08]
RIN-2120-AA66


Modification of Offshore Airspace Area: Control 1487L; Alaska

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action modifies Control 1487L offshore airspace area in 
the vicinity of the Sitka Rocky Gutierrez Airport, Sitka, AK; Merle K. 
Mudhole Smith Airport, Cordova, AK; and Middleton Island Airport, 
Middleton Island, AK, by lowering the affected airspace floors 
associated within Control 1487L. The FAA is taking this action to 
provide additional controlled airspace for the safety of aircraft 
executing instrument flight rules (IFR) operations at the Sitka Rocky 
Gutierrez Airport, Merle K. Mudhole Smith Airport, and Middleton Island 
Airport.

DATES: Effective Date: 0901 UTC, August 3, 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 April 6, 2006, the FAA published in the Federal Register a 
notice of proposed rulemaking to modify the Control 1487L offshore 
airspace area in Alaska (71 FR 17389). Interested parties were invited 
to participate in this rulemaking effort by submitting written comments 
on the proposal. No comments were received.
    Offshore 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 Offshore 
Airspace Areas listed in this document will be published subsequently 
in the Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR) 
part 71 by modifying Control 1487L offshore airspace area, AK, by 
lowering the floor from 5,500 feet mean sea level (MSL) to as low as 
700 feet MSL in the vicinity of the Sitka Rocky Gutierrez Airport, 
Merle K. Mudhole Smith Airport and Middleton Island Airport. This 
action will provide offshore airspace in the vicinity of Merle K. 
Mudhole Smith Airport, AK, by lowering the offshore airspace floor from 
5,500 feet MSL to 1,200 feet MSL. Additionally, this action will re-
designate the existing Class E airspace at Anchorage, AK, by extending 
Control 1487L airspace area westward to the 12-mile shoreline limit 
within the 149.5-mile radius associated with Anchorage, AK, Class E 
airspace, and clarify offshore airspace descriptions within already 
established domestic Class E airspace at Anchorage and Cordova. This 
action will provide additional controlled airspace for the safety of 
aircraft executing IFR operations at the Sitka Rocky Gutierrez, Merle 
K. Mudhole Smith, and Middleton Island Airports, and will correctly 
designate the existing Class E airspace for Anchorage and Cordova, AK.
    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 
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 rule relates to navigable airspace outside the 
United States, the notice of this action 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,

[[Page 32826]]

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 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 the FAA Order 
7400.9N, Airspace Designations and Reporting Points, dated September 1, 
2005, and effective September 15, 2005, is amended as follows:

Paragraph 6007 Offshore airspace areas.

* * * * *

Control 1487L [Amended]

    That airspace extending upward from 8,000 feet MSL within 149.5 
miles of the Anchorage VOR/DME clockwise from the 090[deg] radial to 
the 185[deg] radial of the Anchorage VOR/DME; and that airspace 
extending upward from 5,500 feet MSL within the area bounded by a 
line beginning at lat. 58[deg]19'58'' N., long. 148[deg]55'07'' W.; 
to lat. 59[deg]08'35'' N., long. 147[deg]16'04'' W.; thence 
counterclockwise via the arc of a 149.5-mile radius centered on the 
Anchorage VOR/DME to the intersection of the 149.5-mile radius arc 
and a point 12 miles from and parallel to the U.S. coastline; thence 
southeast 12 miles from and parallel to the U.S. coastline to a 
point 12 miles offshore on the Vancouver FIR boundary; to lat. 
54[deg]32'57'' N., long. 133[deg]11'29'' W.; to lat. 54[deg]00'00'' 
N., long. 136[deg]00'00'' W.; to lat. 52[deg]43'00'' N., long. 
135[deg]00'00'' W.; to lat. 56[deg]45'42'' N., long. 151[deg]45'00'' 
W.; to the point of beginning; and that airspace extending upward 
from 1,200 feet MSL within the area bounded by a line beginning at 
lat. 59[deg]33'25'' N., long. 141[deg]03'22'' W.; thence southeast 
12 miles from and parallel to the U.S. coastline to lat. 
58[deg]56'18'' N., long. 138[deg]45'19'' W.; to lat. 58[deg]40'00'' 
N., long. 139[deg]30'00'' W.; to lat. 59[deg]00'00'' N., long. 
141[deg]10'00'' W.; to the point of beginning, and that airspace 
within 85 miles of the Biorka Island VORTAC, and that airspace 
within 42 miles of the Middleton Island VOR/DME, and that airspace 
within 30 miles of the Glacier River NDB; and that airspace 
extending upward from 700 feet MSL within 14 miles of the Biorka 
Island VORTAC and within 4 miles west and 8 miles east of the Biorka 
Island VORTAC 209[deg] radial extending to 16 miles southwest of the 
VORTAC. The portion within Canada is excluded.
* * * * *

    Issued in Washington, DC on May 31, 2006.
Edith V. Parish,
Manager, Airspace and Rules.
 [FR Doc. E6-8848 Filed 6-6-06; 8:45 am]
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