[Federal Register Volume 76, Number 114 (Tuesday, June 14, 2011)]
[Proposed Rules]
[Pages 34627-34629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-14715]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2011-0458; Airspace Docket No. 11-AAL-6]
RIN 2120-AA66


Proposed Modification of Offshore Airspace Areas: Norton Sound 
Low, Control 1234L and Control 1487L; Alaska

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: This action proposes to modify the Norton Sound Low, Control 
1234L, and Control 1487L Offshore Airspace Areas in Alaska. The 
airspace floors would be lowered 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: Comments must be received on or before July 29, 2011.

ADDRESSES: Send comments on this proposal to the U.S. Department of 
Transportation, Docket Operations, M-30, 1200 New Jersey Avenue, SE., 
West Building Ground Floor, Room W12-140, Washington, DC 20590-0001; 
telephone: (202) 366-9826. You must identify FAA Docket No. FAA-2011-
0458 and Airspace Docket No. 11-AAL-6 at the beginning of your 
comments. You may also submit comments through the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Ken McElroy, Airspace, Regulations and 
ATC Procedures Group, Office of Airspace Services, Federal Aviation 
Administration, 800 Independence Avenue, SW., Washington, DC 20591; 
telephone: (202) 267-8783.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    Interested parties are invited to participate in this proposed 
rulemaking by submitting such written data, views, or arguments as they 
may desire. Comments that provide the factual basis supporting the 
views and suggestions presented are particularly helpful in developing 
reasoned regulatory decisions on the proposal. Comments are 
specifically invited on the overall regulatory, aeronautical, economic, 
environmental, and energy-related aspects of the proposal. 
Communications should identify both docket numbers (FAA Docket No. FAA-
2011-0458 and Airspace Docket No. 11-AAL-6) and be submitted in 
triplicate to the Docket Management Facility (see ADDRESSES section for 
address and phone number). You may also submit comments through the 
Internet at http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments 
on this action must submit with those comments a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to FAA Docket No. FAA-2011-0458 and Airspace Docket No. 11-AAL-6.'' The 
postcard will be date/time stamped and returned to the commenter. All 
communications received on or before the specified closing date for 
comments will be considered before taking action on the proposed rule. 
The proposal contained in this action may be changed in light of 
comments received. All comments submitted will be available for 
examination in the public docket both before and after the closing date 
for comments. A report summarizing each substantive public contact with 
FAA personnel concerned with this rulemaking will be filed in the 
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the 
Internet at http://www.regulations.gov. Recently published rulemaking 
documents can also be accessed through the FAA's Web page at http://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any 
comments received and any final disposition in person in the Dockets 
Office (see ADDRESSES section for address and phone number) between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. An 
informal docket may also be examined during normal business hours at 
the office of the Alaskan Service Center, Operations Support Group, 
Federal Aviation Administration, 222 West 7th Avenue, Box 14, 
Anchorage, AK 99513.
    Persons interested in being placed on a mailing list for future 
NPRMs should contact the FAA's Office of Rulemaking, (202) 267-9677, 
for a copy of Advisory Circular No. 11-2A, Notice of Proposed

[[Page 34628]]

Rulemaking Distribution System, which describes the application 
procedure.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal 
Regulations (14 CFR) part 71 to modify the Norton Sound Low, Control 
1234L, and Control 1487L Offshore Airspace Areas in Alaska. The Norton 
Sound Low Offshore Airspace Area would be modified by lowering the 
offshore airspace floor to 1,200 feet mean sea level (MSL) within a 73-
mile radius of Port Clarence CGS Airport, excluding that airspace west 
of a line extending from lat. 64[deg]48'20'' N., long. 169[deg]31'27'' 
W., to lat. 65[deg]00'00'' N., long. 168[deg]58'23'' W., to lat. 
66[deg]05'44'' N., long. 168[deg]58'23'' W.; and within 73 miles of the 
Savoonga Airport excluding that airspace west of a line from 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.; and within 73 miles of Platinum Airport excluding 
that airspace west of a line from 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.
    The Offshore Airspace Area Control 1234L would be modified by 
lowering the offshore airspace floor to 1,200 feet above the surface 
within a 10-mile radius of the Casco Cove CGS Airport. Additionally, 
Control 1234L would be further modified by lowering the offshore 
airspace floor to 700 feet above the surface within an 8-mile radius of 
St. Paul Island Airport, St. Paul Island, AK.
    Control 1487L would be modified by lowering the offshore airspace 
floor to 1,200 feet above the surface within 75 miles of the Yakutat 
VOR/DME.
    Offshore airspace areas are published in paragraph 2003 of FAA 
Order 7400.9U dated August 18, 2010 and effective September 15, 2010, 
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 proposed regulation only involves 
an established body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current. 
Therefore, this proposed 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.
    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.

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, Environmental Impacts: Policies and Procedures, 
paragraph 311a. 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.

ICAO Considerations

    As part of this proposal 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 Airspace Services, Airspace, 
Regulations and ATC Procedures 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 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 Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend 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

    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]

    2. The incorporation by reference in 14 CFR 71.1 of FAA Order 
7400.9U, Airspace Designations and Reporting Points, dated August 18, 
2010, and effective September 15, 2010, is amended as follows:

Paragraph 6007--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., then north by a line 12 miles from and parallel 
to the U.S. coastline to the intersection with 164[deg]00'00'' W. 
longitude

[[Page 34629]]

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., 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 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 Perryville 
Airport, AK, and north of the Alaska Peninsula and east of 160[deg] 
W. longitude within a 72.8-mile radius of 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 Chevak Airport, 
AK, and within a 73-mile radius of Clarks Point Airport, AK, and 
within a 73-mile radius of Elim Airport, AK, and within a 45-mile 
radius of Hooper Bay Airport, AK, and within a 73-mile radius of 
King Salmon Airport, AK, and that airspace within a 73-mile radius 
of Platinum Airport, AK, excluding that portion of the airspace 
extending west of a line from 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., and within a 73-mile radius of Kivalina Airport, AK, and within 
a 74-mile radius of Kotzebue VOR/DME, AK, and within a 73-mile 
radius of Kwethluk Airport, AK, and within a 74-mile radius of 
Manokotak Airport, AK, and within a 73-mile radius of Napakiak 
Airport, AK, and within a 77.4-mile radius of Nome VORTAC, AK, and 
within a 73-mile radius of Savoonga Airport, AK, excluding that 
airspace west of a line from 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., and within 
a 71NM radius of New Stuyahok Airport, AK, and within a 73-mile 
radius of Noatak Airport, AK, and within a 72.5-mile radius of Red 
Dog Airport, AK, and within a 73-mile radius of Scammon Bay Airport, 
AK, and within a 73-mile radius of Shaktoolik Airport, AK, and 
within a 74-mile radius of Selawik Airport, AK, and within a 73-mile 
radius of St. Michael Airport, AK, and within a 73-mile radius of 
Toksook Bay Airport, AK, and within a 73-mile radius of Port 
Clarence CGS Airport, AK excluding that airspace west of a line 
extending from lat. 64[deg]48'20'' N., long. 169[deg]31'27'' W., to 
lat. 65[deg]00'00'' N., long. 168[deg]58'23'' W., to 66[deg]05'44'' 
N., to long. 168[deg]58'23'' W., 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 Port Heiden NDB/DME, AK, 
extending from Port Heiden NDB/DME, AK, to 20-miles north of Port 
Heiden NDB/DME, AK, and within a 25-mile radius of 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 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 10-mile radius of Casco 
Cove CGS Airport, AK, and 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 Adak Airport, AK, extending clockwise from the 
033[deg] bearing to the 081[deg] bearing from 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 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 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 Dutch Harbor NDB, AK, to the 075[deg] bearing from Dutch Harbor 
NDB, AK, and west of 160[deg] W. longitude within a 25-mile radius 
of 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 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 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 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 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 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 a 
6.6-mile radius of St. George Airport, AK, and within an 8-mile 
radius 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.
* * * * *

Control 1487L, Alaska [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, AK; 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 149.5-mile radius of the Anchorage VOR/DME, 
AK, to the intersection with 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 an 85-mile 
radius of the Biorka Island VORTAC, AK, and within a 43-mile radius 
of the Middleton Island VOR/DME, AK, and within a 30-mile radius of 
the Glacier River NDB, AK, and within a 149.5-mile radius of the 
Anchorage VOR/DME, AK, and within the 73-mile radius of Homer 
Airport, AK, and within a 75-mile radius of the Yakutat VOR/DME, AK, 
and that airspace extending upward from 700 feet MSL within 14 miles 
of the Biorka Island VORTAC, AK, and within 4 miles west and 8 miles 
east of the Biorka Island VORTAC 209[deg] radial extending to 16 
miles southwest of the Biorka Island VORTAC, AK.
* * * * *

    Issued in Washington, DC, on June 6, 2011.
Gary A. Norek,
Acting Manager, Airspace, Regulations and ATC Procedures Group.
[FR Doc. 2011-14715 Filed 6-13-11; 8:45 am]
BILLING CODE 4910-13-P