[Federal Register Volume 71, Number 141 (Monday, July 24, 2006)]
[Rules and Regulations]
[Pages 41728-41730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-11487]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2006-23926; Airspace Docket No. 06-AAL-10]
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 Offshore Airspace Area 
in Alaska. Specifically, this action modifies the Norton Sound Low

[[Page 41729]]

Offshore Airspace Area in the vicinity of the Shishmaref Airport, AK, 
by lowering the offshore airspace floor to 1,200 feet mean sea level 
(MSL) within a 30-mile radius of the airport. Additionally, this action 
modifies the airspace in the vicinity of Nome Airport, AK, by lowering 
the airspace floor to 700 feet MSL within a 25-mile radius of the 
airport, and 1,200 feet MSL within a 77.4-mile radius of the Nome 
VORTAC. The FAA is taking this action to provide additional controlled 
airspace for aircraft instrument flight rules (IFR) operations at the 
Nome and Shishmaref Airports.

DATES: Effective September 28, 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 May 11, 2006, the FAA published in the Federal Register a notice 
of proposed rulemaking to modify the Norton Sound Low offshore airspace 
area in Alaska (71 FR 27430). Interested parties were invited to 
participate in this rulemaking effort by submitting written comments on 
the proposal. No comments were received. In the notice of proposed 
rulemaking the description was described from west to north/east to 
south. In the final rule the description is reversed and described from 
west to south/east to north for the ease of digitizing the description. 
With the exception of this editorial change, this amendment is the same 
as that published in the notice.
    Offshore Airspace Areas are published in paragraph 6007 of FAA 
Order 7400.9O dated September 1, 2006, and effective September 15, 
2006, 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 to Title 14 Code of Federal Regulations (14 CFR) 
part 71 modifying the Norton Sound Low Offshore Airspace Area, AK, by 
lowering the floor to 1,200 feet MSL within a 30-mile radius of two 
geographic points near the Shishmaref Airport, AK. Additionally, this 
action lowers the controlled airspace floor to 700 feet MSL within a 
25-mile radius of the Nome Airport and to 1,200 feet MSL within a 77.4-
mile radius of the Nome VORTAC. The purpose of this action is to 
establish controlled airspace to support IFR operations at the Nome and 
Shishmaref Airports, Alaska. Additional controlled airspace extending 
upward from 700 feet and 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 rule 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 was consulted 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 Federal Aviation 
Administration Order 7400.9O, Airspace Designations and Reporting 
Points, dated September 1, 2006, and effective September 16, 2006, is 
amended as follows:

Paragraph 6007 Offshore Airspace Areas

* * * * *

Norton Sound Low, AK [Amended]

    That airspace extending upward from 700 feet MSL within a 25-
mile radius of the Nome Airport; and that airspace extending upward 
from 1,200 feet MSL within a 45-mile radius of Deering Airport, AK, 
within a 35-mile radius of Lat. 60[deg]21'17'' N., long. 
165[deg]04'01'' W., within a 30-mile radius of Lat. 66[deg]09'58'' 
N., long. 166[deg]30'03'' W., within a 30-mile radius of Lat. 
66[deg]19'55'' N., long. 165[deg]40'32'' W. and within a 77.4-mile 
radius of the Nome VORTAC; and that 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 57[deg]45'57'' N., 
long. 161[deg]46'08'' W., to Lat. 58[deg]06'57'' N.; long. 
160[deg]00:00'' W.; to Lat. 56[deg]42'59'' N., long. 160[deg]00'00'' 
W.; thence by a line 12 miles from and parallel to the shoreline at 
Lat. 68[deg]00'00'' N., long.

[[Page 41730]]

168[deg]58'23'' W., to 65[deg]00'00'' N., long. 168[deg]58'23'' W., 
to 62[deg]35'00'' N., long. 175[deg]00'00'' W., to point of 
beginning.
* * * * *

    Issued in Washington, DC, on July 14, 2006.
Edith V. Parish,
Manager, Airspace and Rules.
 [FR Doc. E6-11487 Filed 7-21-06; 8:45 am]
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