Federal Register / Vol. 75, No. 162 / Monday, August 23, 2010 / Rules and Regulations 51661 

telephone 800–268–8000; fax 450–647–2888; 

Web site: http://www.pwc.ca. 

(3) You may review copies at the FAA, 

New England Region, 12 New England 

Executive Park, Burlington, MA; or 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: http:// 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued in Burlington, Massachusetts, on 

July 30, 2010. 

Peter A. White, 

Assistant Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–20714 Filed 8–20–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2010–0187; Airspace 

Docket No. 09–AWP–10] 

RIN 2120–AA66 

Amendment of the Pacific High and 

Low Offshore Airspace Areas; 

California 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action modifies the 

Pacific High and Low Offshore Airspace 

Areas to provide additional airspace in 

which domestic air traffic control 

procedures can be used to separate and 

manage aircraft operations in the 

currently uncontrolled airspace off the 

California coast. This change will 

enhance the efficient utilization of that 

airspace within the National Airspace 

System. 

DATES: Effective date 0901 UTC, 

November 18, 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 Monday, June 7, 2010, the FAA 

published in the Federal Register a 

notice of proposed rulemaking (NPRM) 

to modify the Pacific High and Low 

Control Areas (75 FR 32119). Interested 

parties were invited to participate in 

this rulemaking effort by submitting 

written comments on the proposal. No 

comments were received. The proposed 

legal description contained the 

exclusion of active warning area 

airspace; it was brought to our attention 

that it was not necessary to exclude 

active warning areas in the description 

since active warning areas are excluded 

by policy. With this exception, 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 Pacific High and Low 

Offshore Airspace Areas, by extending 

the present airspace boundaries further 

southeast of the current location to the 

Mexico FIR capturing pockets of 

uncontrolled airspace off the California 

coast. This modification will allow the 

application of domestic ATC separation 

procedures in lieu of ICAO separation 

and enhance system capacity and allow 

for more efficient utilization of that 

airspace. 

Offshore airspace areas are published 

in paragraph 2003 and 6007, 

respectfully, of FAA Order 7400.9T 

signed August 27, 2009 and effective 

September 15, 2009, which is 

incorporated by reference in 14 CFR 

71.1. The offshore airspace 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 

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 the high and low offshore 

airspace areas off the coast of California. 

ICAO Considerations 

As part of this action relates to 

navigable airspace outside the United 

States, this notice is submitted in 

accordance with the 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 is consulting 

with the Secretary of State and the 

Secretary of Defense in accordance with 

the provisions of Executive Order 

10854. 


sroberts on DSKD5P82C1PROD with RULES
51662 Federal Register / Vol. 75, No. 162 / Monday, August 23, 2010 / Rules and Regulations 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of 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 

* * * * * 

Pacific High, CA [Amended] 

That airspace extending upward from 

18,000 feet MSL to and including FL 600 

bounded on the north by the Vancouver FIR 

boundary, on the east by a line 12 miles from 

and parallel to the U.S. shoreline, and on the 

south by the Mexico FIR boundary, and on 

the west by the Oakland Oceanic CTA/FIR 

boundary. 

* * * * * 

Paragraph 6007 Offshore Airspace Areas 

* * * * * 

Pacific Low, CA [Amended] 

That airspace extending upward from 

5,500 feet MSL bounded on the north by the 

Vancouver FIR boundary, on the east by a 

line 12 miles from and parallel to the U.S. 

shoreline, and on the south by the Mexico 

FIR boundary, and on the west by the 

Oakland Oceanic FIR boundary. 

Issued in Washington, DC, on August 11, 

2010. 

Edith V. Parish, 

Manager, Airspace and Rules Group. 

[FR Doc. 2010–20806 Filed 8–20–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2010–0365; Airspace 

Docket No. 10–AAL–12] 

RIN 2120–AA66 

Amendment of Colored Federal Airway 

B–38; Alaska 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Colored 

Federal Airway Blue 38 (B–38), in 

Alaska. Specifically, this action removes 

a segment of B–38 from Haines Nondirectional Beacon (NDB) to the 

Whitehorse, Yukon Territories Canada 

(XY NDB). The FAA is taking this action 

in preparation of the eventual 

decommissioning of XY NDB by the 

Canadian Air Authority NAV CANADA. 

DATES: Effective date 0901 UTC, 

November 18, 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 June 7, 2010, the FAA published 

in the Federal Register a notice of 

proposed rulemaking (NPRM) to amend 

Colored Federal Airway B–38 in Alaska, 

(75 FR 32117). Interested parties were 

invited to participate in this rulemaking 

effort by submitting written comments 

on the proposal. No comments were 

received. 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 Colored Federal Airway B– 

38, Alaska, terminating the airway at the 

HNS NDB, AK, instead of the XY NDB, 

Canada. The Canadian Air Authority 

NAV CANADA recently conducted a 

study to determine the feasibility of 

keeping the XY NDB operational. NAV 

CANADA determined it is no longer 

feasible and will be decommissioning 

the XY NDB. 

Blue Federal Airways are published 

in paragraph 6009(d) of FAA Order 

7400.9T, signed August 27, 2009 and 

effective September 15, 2009, which is 

incorporated by reference in 14 CFR 

71.1. The Colored Federal Airway 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 

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 a Colored Federal Airway 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: 

Polices 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. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 


sroberts on DSKD5P82C1PROD with RULES