[Federal Register Volume 75, Number 127 (Friday, July 2, 2010)]
[Rules and Regulations]
[Pages 38406-38408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16076]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2010-0071; Airspace Docket No. 10-AAL-1]
RIN 2120-AA66


Amendment of Norton Sound Low and Control 1234L Offshore Airspace 
Areas; Alaska

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action modifies the Norton Sound Low and Control 1234L 
Offshore Airspace Areas in Alaska. This action will lower the airspace 
floors to provide controlled airspace beyond 12 miles from the coast of 
the United States given that there is a requirement to provide 
Instrument Flight Rules (IFR) en route Air Traffic Control (ATC) 
services and within which the United States is applying domestic ATC 
procedures.

DATES: Effective date 0901 UTC, September 23, 2010. The Director of the 
Federal Register approves this incorporation by reference action under 
1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and 
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Ken McElroy, Airspace and Rules Group, 
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 Wednesday, March 31, 2010, the FAA published in the Federal 
Register a notice of proposed rulemaking (NPRM) to modify two Alaskan 
Offshore Airspace Areas, Norton Sound Low, and Control 1234L (75 FR 
16024). Interested parties were invited to participate in this 
rulemaking effort by submitting written comments on the proposal. No 
comments were received. With the exception of editorial changes, this 
amendment is the same as that proposed in the NPRM.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR) 
part 71 by modifying the Norton Sound Low and Control 1234L Offshore 
Airspace Areas in Alaska.
    The Norton Sound Low Offshore Airspace Area will be modified by 
lowering the offshore airspace floor to 1,200 feet mean sea level (MSL) 
at the following airports; within 73 miles of Clarks Point, King 
Salmon, Kivalina, Kwethluk, Napakiak, Scammon Bay, Shaktooklik, and 
Tooksook Bay; within 74 miles of Elim and Manokotak, and within 72.5 
miles of Red Dog.
    The Control 1234L Offshore Airspace Area will be modified by 
lowering the offshore airspace floor to 1,200 feet above the surface 
within 73 miles of Nikolski, and Toksook Bay Airports.
    Offshore airspace areas are published in paragraph 2003 of FAA 
Order 7400.9T dated August 27, 2009 and effective September 15, 2009, 
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 FAA has determined that this regulation only involves an 
established body of technical regulations for which

[[Page 38407]]

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 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 modifies offshore airspace areas in Alaska.

ICAO Considerations

    As part of this action relates to navigable airspace outside the 
United States, this rule 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 and Rules Group, 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 has 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 FAA Order 7400.9T, 
Airspace Designations and Reporting Points, signed August 27, 2009, and 
effective September 15, 2009, is amended as follows:

    Paragraph 2003--Offshore Airspace Areas.
* * * * *

Norton Sound Low, AK [Amended]

That airspace extending upward from 14,500 feet MSL within an area 
bounded by a line beginning at lat. 56[deg]42'59'' N., long. 
160[deg]00'00'' W., north by a line 12 miles from and parallel to 
the U.S. coastline to the intersection with 164[deg]00'00'' W., 
longitude near the outlet to Kotzebue Sound, then north to the 
intersection with a point 12 miles from the U.S. coastline, then 
north by a line 12 miles from and parallel to the shoreline to lat. 
68[deg]00'00'' N., to lat. 68[deg]00'00'' N., long. 168[deg]58'23'' 
W., to lat. 65[deg]00'00'' N., long. 168[deg]58'23'' W., to lat. 
62[deg]35'00'' N., long. 175[deg]00'00'' W., to lat. 59[deg]59'57'' 
N., long. 168[deg]00'08'' W., to lat. 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 the point of beginning; and that airspace extending upward 
from 1,200 feet MSL north of the Alaska Peninsula and east of 
160[deg] W. longitude within 73 miles of the Port Heiden NDB/DME, 
AK, and north of the Alaska Peninsula and east of 160[deg] W. 
longitude within an 81.2-mile radius of the Perryville Airport, AK, 
and north of the Alaska Peninsula and east of 160[deg] W. longitude 
within a 72.8-mile radius of the Chignik Airport, AK, and within a 
35-mile radius of lat. 60[deg]21'17'' N., long. 165[deg]04'01'' W., 
and within a 73-mile radius of the Chevak Airport, AK, and within a 
73-mile radius of the Clarks Point Airport, AK, and within a 73-mile 
radius of the Elim Airport, AK, and within a 45-mile radius of the 
Hooper Bay Airport, AK, and within a 73-mile radius of the King 
Salmon Airport, AK, and within a 73-mile radius of the Kivalina 
Airport, AK, and within a 74-mile radius of the Kotzebue VOR/DME, 
AK, and within a 73-mile radius of the Kwethluk Airport, AK, and 
within a 74-mile radius of the Manokotak Airport, AK, and within a 
73-mile radius of the Napakiak Airport, AK, and within a 77.4-mile 
radius of the Nome VORTAC, AK, and within a 71NM radius of the New 
Stuyahok Airport, AK, and within a 73-mile radius of the Noatak 
Airport, AK, and within a 72.5-mile radius of the Red Dog Airport, 
AK, and within a 73-mile radius of the Scammon Bay Airport, AK, and 
within a 73-mile radius of the Shaktoolik Airport, AK, and within a 
74-mile radius of the Selawik Airport, AK, and within a 73-mile 
radius of the St. Michael Airport, AK, and within a 73-mile radius 
of the Toksook Bay Airport, AK, and within a 30-mile radius of lat. 
66[deg]09'58'' N., long. 166[deg]30'03'' W., and within a 30-mile 
radius of lat. 66[deg]19'55'' N., long. 165[deg]40'32'' W., and that 
airspace extending upward from 700 feet MSL within 8 miles west and 
4 miles east of the 339[deg] bearing from the Port Heiden NDB/DME, 
AK, extending from the Port Heiden NDB/DME, AK, to 20 miles north of 
the Port Heiden NDB/DME, AK, and within a 25-mile radius of the Nome 
Airport, AK.
* * * * *

Control 1234L, AK [Amended]

That airspace extending upward from 2,000 feet above the surface 
within an area bounded by a line beginning at lat. 58[deg]06'57'' 
N., long. 160[deg]00'00'' W., then south along 160[deg]00'00'' W. 
longitude, until it intersects the Anchorage Air Route Traffic 
Control Center (ARTCC) boundary; then southwest, northwest, north, 
and northeast along the Anchorage ARTCC boundary to lat. 
62[deg]35'00'' N., long. 175[deg]00'00'' W., to lat. 59[deg]59'57'' 
N., long. 168[deg]00'08'' W., to lat. 57[deg]45'57'' N., long. 
161[deg]46'08'' W., to the point of beginning; and that airspace 
extending upward from 1,200 feet above the surface within a 26.2-
mile radius of Eareckson Air Station, AK, within an 11-mile radius 
of Adak Airport, AK, and within 16 miles of

[[Page 38408]]

Adak Airport, AK, extending clockwise from the 033[deg] bearing to 
the 081[deg] bearing from the Mount Moffett NDB, AK, and within a 
10-mile radius of Atka Airport, AK, and within a 10.6-mile radius 
from Cold Bay Airport, AK, and within 9 miles east and 4.3 miles 
west of the 321[deg] bearing from Cold Bay Airport, AK, extending 
from the 10.6-mile radius to 20 miles northwest of Cold Bay Airport, 
AK, and 4 miles each side of the 070[deg] bearing from Cold Bay 
Airport, AK, extending from the 10.6-mile radius to 13.6 miles 
northeast of Cold Bay Airport, AK, and within a 26.2-mile radius of 
Eareckson Air Station, AK, and west of 160[deg] W. longitude within 
an 81.2-mile radius of Perryville Airport, AK, and within a 73-mile 
radius of the Nikolski Airport, AK, within a 74-mile radius of the 
Manokotak Airport, AK, and within a 73-mile radius of the Clarks 
Point Airport, AK and west of 160[deg] W. longitude within a 73-mile 
radius of the Port Heiden NDB/DME, AK, and within a 10-mile radius 
of St. George Airport, AK, and within a 73-mile radius of St. Paul 
Island Airport, AK, and within a 20-mile radius of Unalaska Airport, 
AK, extending clockwise from the 305[deg] bearing from the Dutch 
Harbor NDB, AK, to the 075[deg] bearing from the Dutch Harbor NDB, 
AK, and west of 160[deg] W. longitude within a 25-mile radius of the 
Borland NDB/DME, AK, and west of 160[deg] W. longitude within a 
72.8-mile radius of Chignik Airport, AK; and that airspace extending 
upward from 700 feet above the surface within a 6.9-mile radius of 
Eareckson Air Station, AK, and within a 7-mile radius of Adak 
Airport, AK, and within 5.2 miles northwest and 4.2 miles southeast 
of the 061[deg] bearing from the Mount Moffett NDB, AK, extending 
from the 7-mile radius of Adak Airport, AK, to 11.5 miles northeast 
of Adak Airport, AK and within a 6.5-mile radius of King Cove 
Airport, and extending 1.2 miles either side of the 103[deg] bearing 
from King Cove Airport from the 6.5-mile radius out to 8.8 miles, 
and within a 6.4-mile radius of the Atka Airport, AK, and within a 
6.3-mile radius of Nelson Lagoon Airport, AK, and within a 6.3-mile 
radius of the Nikolski Airport, AK, and within a 6.4-mile radius of 
Sand Point Airport, AK, and within 3 miles each side of the 172[deg] 
bearing from the Borland NDB/DME, AK, extending from the 6.4-mile 
radius of Sand Point Airport, AK, to 13.9 miles south of Sand Point 
Airport, AK, and within 5 miles either side of the 318[deg] bearing 
from the Borland NDB/DME, AK, extending from the 6.4-mile radius of 
Sand Point Airport, AK, to 17 miles northwest of Sand Point Airport, 
AK, and within 5 miles either side of the 324[deg] bearing from the 
Borland NDB/DME, AK, extending from the 6.4-mail radius of Sand 
Point Airport, AK, to 17 miles northwest of the Sand Point Airport, 
AK, and within a 6.6-mile radius of St. George Airport, AK, and 
within an 8-mile radius of St. Paul Island Airport, AK, and 8 miles 
west and 6 miles east of the 360[deg] bearing from St. Paul Island 
Airport, AK, to 14 miles north of St. Paul Island Airport, AK, and 
within 6 miles west and 8 miles east of the 172[deg] bearing from 
St. Paul Island Airport, AK, to 15 miles south of St. Paul Island 
Airport, AK, and within a 6.4-mile radius of Unalaska Airport, AK, 
and within 2.9 miles each side of the 360[deg] bearing from the 
Dutch Harbor NDB, AK, extending from the 6.4-mile radius of Unalaska 
Airport, AK, to 9.5 miles north of Unalaska Airport, AK; and that 
airspace extending upward from the surface within a 4.6-mile radius 
of Cold Bay Airport, AK, and within 1.7 miles each side of the 
150[deg] bearing from Cold Bay Airport, AK, extending from the 4.6-
mile radius to 7.7 miles southeast of Cold Bay Airport, AK, and 
within 3 miles west and 4 miles east of the 335[deg] bearing from 
Cold Bay Airport, AK, extending from the 4.6-mile radius to 12.2 
miles northwest of Cold Bay Airport, AK.

    Issued in Washington, DC, June 23, 2010.
Edith V. Parish,
Manager, Airspace and Rules Group.
[FR Doc. 2010-16076 Filed 7-1-10; 8:45 am]
BILLING CODE 4910-13-P