Amendment of Norton Sound Low and Control 1234L Offshore Airspace Areas; Alaska, 38406-38408 [2010-16076]
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38406
Federal Register / Vol. 75, No. 127 / Friday, July 2, 2010 / Rules and Regulations
Subject
(d) Air Transport Association (ATA) of
America Code 54: Nacelles/Pylons.
Unsafe Condition
(e) This AD results from reports of cracks
and fractures in the nacelle strut front spar
chord assembly. The Federal Aviation
Administration is issuing this AD to detect
and correct cracks and fractures of the
nacelle strut front spar chord assembly.
Fracture of the front spar chord assembly
could lead to loss of the strut upper link load
path and consequent fracture of the diagonal
brace, which could result in in-flight
separation of the strut and engine from the
airplane.
Compliance
(f) You are responsible for having the
actions required by this AD performed within
the compliance times specified, unless the
actions have already been done.
Inspections of the Forward and Aft Sides of
the Strut Front Spar Chord Assemblies
(g) Before the accumulation of 8,000 total
flight cycles, or within 90 days after the
effective date of this AD, whichever occurs
later: Perform a detailed inspection and a
high frequency eddy current (HFEC)
inspection for cracking or fracturing in the
forward and aft sides of the strut front spar
chord, in accordance with Parts 1 and 2 of
the Accomplishment Instructions of Boeing
Alert Service Bulletin 747–54A2224,
Revision 3, dated May 20, 2010. If no
cracking or fracturing is found, repeat the
inspections thereafter at intervals not to
exceed 1,500 flight cycles.
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Corrective Actions
(h) If any crack or fracture is found during
any inspection required by this AD: Before
further flight, repair the crack or fracture
using a method approved in accordance with
the procedures specified in paragraph (i) of
this AD.
Alternative Methods of Compliance
(AMOCs)
(i)(1) The Manager, Seattle ACO, FAA, has
the authority to approve AMOCs for this AD,
if requested using the procedures found in 14
CFR 39.19. Send information to ATTN: Ken
Paoletti, Aerospace Engineer, Airframe
Branch, ANM–120S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue, SW.,
Renton, Washington 98057–3356; telephone
(425) 917–6434; fax (425) 917–6590.
Information may be e-mailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov.
(2) To request a different method of
compliance or a different compliance time
for this AD, follow the procedures in 14 CFR
39.19. Before using any approved AMOC on
any airplane to which the AMOC applies,
notify your principal maintenance inspector
(PMI) or principal avionics inspector (PAI),
as appropriate, or lacking a principal
inspector, your local Flight Standards District
Office. The AMOC approval letter must
specifically reference this AD.
(3) An AMOC that provides an acceptable
level of safety may be used for any repair
required by this AD if it is approved by the
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15:09 Jul 01, 2010
Jkt 220001
Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has
been authorized by the Manager, Seattle
ACO, to make those findings. For a repair
method to be approved, the repair must meet
the certification basis of the airplane, and the
approval must specifically refer to this AD.
Material Incorporated by Reference
(j) You must use Boeing Alert Service
Bulletin 747–54A2224, Revision 3, dated
May 20, 2010, to do the actions required by
this AD, unless the AD specifies otherwise.
(1) The Director of the Federal Register
approved the incorporation by reference of
this service information under 5 U.S.C.
552(a) and 1 CFR part 51.
(2) For service information identified in
this AD, contact Boeing Commercial
Airplanes, Attention: Data & Services
Management, P.O. Box 3707, MC 2H–65,
Seattle, Washington 98124–2207; telephone
206–544–5000, extension 1; fax 206–766–
5680; e-mail me.boecom@boeing.com;
Internet https://www.myboeingfleet.com.
(3) You may review copies of the service
information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the
availability of this material at the FAA, call
425–227–1221.
(4) You may also review copies of the
service information that is incorporated by
reference at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030, or go
to: https://www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on June 21,
2010.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2010–16046 Filed 7–1–10; 8:45 am]
BILLING CODE 4910–13–P
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.
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
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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
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Federal Register / Vol. 75, No. 127 / Friday, July 2, 2010 / Rules and Regulations
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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
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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
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
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.
§ 71.1
[Amended]
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°42′59″ N., long.
160°00′00″ W., north by a line 12 miles from
and parallel to the U.S. coastline to the
intersection with 164°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
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38407
a line 12 miles from and parallel to the
shoreline to lat. 68°00′00″ N., to lat. 68°00′00″
N., long. 168°58′23″ W., to lat. 65°00′00″ N.,
long. 168°58′23″ W., to lat. 62°35′00″ N.,
long. 175°00′00″ W., to lat. 59°59′57″ N.,
long. 168°00′08″ W., to lat. 57°45′57″ N.,
long. 161°46′08″ W., to lat. 58°06′57″ N.,
long. 160°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° W.
longitude within 73 miles of the Port Heiden
NDB/DME, AK, and north of the Alaska
Peninsula and east of 160° W. longitude
within an 81.2-mile radius of the Perryville
Airport, AK, and north of the Alaska
Peninsula and east of 160° W. longitude
within a 72.8-mile radius of the Chignik
Airport, AK, and within a 35-mile radius of
lat. 60°21′17″ N., long. 165°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 73mile 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 73mile 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°09′58″ N., long. 166°30′03″ W., and
within a 30-mile radius of lat. 66°19′55″ N.,
long. 165°40′32″ W., and that airspace
extending upward from 700 feet MSL within
8 miles west and 4 miles east of the 339°
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°06′57″
N., long. 160°00′00″ W., then south along
160°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°35′00″
N., long. 175°00′00″ W., to lat. 59°59′57″ N.,
long. 168°00′08″ W., to lat. 57°45′57″ N.,
long. 161°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
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38408
Federal Register / Vol. 75, No. 127 / Friday, July 2, 2010 / Rules and Regulations
Adak Airport, AK, extending clockwise from
the 033° bearing to the 081° bearing from the
Mount Moffett NDB, AK, and within a 10mile 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° 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° 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° 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° 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 73mile radius of St. Paul Island Airport, AK,
and within a 20-mile radius of Unalaska
Airport, AK, extending clockwise from the
305° bearing from the Dutch Harbor NDB,
AK, to the 075° bearing from the Dutch
Harbor NDB, AK, and west of 160° W.
longitude within a 25-mile radius of the
Borland NDB/DME, AK, and west of 160° 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°
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° 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° 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°
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° 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°
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° 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
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each side of the 360° 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° 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° 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
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2010–0114]
RIN 1625–AA08
Special Local Regulations; Macy’s
Fourth of July Fireworks Spectator
Vessels Viewing Areas, Hudson River,
New York, NY
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary special local
regulation on the Hudson River in the
vicinity of New York, NY, for the
Macy’s July 4th fireworks display. This
temporary special local regulation is
intended to restrict certain vessels from
designated portions of the Hudson River
during the fireworks event. This
regulation is necessary to provide for
the safety of life on navigable waters by
controlling vessel movement and
establishing public viewing areas for the
fireworks event.
DATES: This rule is effective from 7 p.m.
on July 4, 2010 until 11:30 p.m. on July
5, 2010.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2010–
0114 and are available online by going
to https://www.regulations.gov, inserting
USCG–2010–0114 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’ They
are also available for inspection or
copying at the Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590,
PO 00000
Frm 00018
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between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or e-mail LTJG Eunice James,
Sector New York Waterways
Management Division, Marine Events
Branch. Coast Guard; telephone (718)
354–4163, e-mail
Eunice.A.James@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because
sufficient information regarding the
event was not received in time to
publish a NPRM followed by a final rule
before the effective date, thus making
the publication of a NPRM impractical.
A delay or cancellation of the event in
order to allow for a notice and comment
period is contrary to the public interest
in having this event occur on July 4 as
scheduled.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying this rule would be
contrary to the public interest of
ensuring the safety of spectators and
vessels during the event and immediate
action is necessary to prevent possible
loss of life or property. Also, a delay or
cancellation of the fireworks event in
order to allow for publication in the
Federal Register is contrary to the
public’s interest in having this event
occur as scheduled.
Basis and Purpose
This temporary special local
regulation is necessary to ensure the
safety of vessels and spectators from
hazards associated with fireworks
display. Based on the inherent hazards
associated with fireworks, the Captain
of the Port New York has determined
that fireworks launches proximate to
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]]>Agencies
[Federal Register Volume 75, Number 127 (Friday, July 2, 2010)]
[Rules and Regulations]
[Pages 38406-38408]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-16076]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
