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[Federal Register: March 31, 2010 (Volume 75, Number 61)]
[Proposed Rules]               
[Page 16024-16026]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31mr10-19]                         


[[Page 16024]]

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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

 
Proposed Amendment of Norton Sound Low and Control 1234L Offshore 
Airspace Areas; Alaska

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to modify the Norton Sound Low and 
Control 1234L Offshore Airspace Areas in Alaska. This action would 
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: Comments must be received on or before May 17, 2010.

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-2010-
0071 and Airspace Docket No. 10-AAL-1 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 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: 

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-2010-0071 and Airspace Docket No. 10-AAL-1) 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-2010-0071 and Airspace Docket No. 10-AAL-1.'' 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 
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 and Control 
1234L 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) 
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 would 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 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.

[[Page 16025]]

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 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.

Environmental Review

    This proposal will be subject to an environmental analysis in 
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies 
and Procedures,'' prior to any FAA final regulatory action.

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 
7400.9T, Airspace Designations and Reporting Points, signed August 27, 
2009, and effective September 15, 2009, is to be 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[min]59[sec] N., 
long. 160[deg]00[min]00[sec] W., north by a line 12 miles from and 
parallel to the U.S. coastline to the intersection with 
164[deg]00[min]00[sec] 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[min]00[sec] N., to lat. 
68[deg]00[min]00[sec] N., long. 168[deg]58[min]23[sec] W., to lat. 
65[deg]00[min]00[sec] N., long. 168[deg]58[min]23[sec] W., to lat. 
62[deg]35[min]00[sec] N., long. 175[deg]00[min]00[sec] W., to lat. 
59[deg]59[min]57[sec] N., long. 168[deg]00[min]08[sec] W., to lat. 
57[deg]45[min]57[sec] N., long. 161[deg]46[min]08[sec] W., to lat. 
58[deg]06[min]57[sec] N., long. 160[deg]00[min]00[sec] 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[min]17[sec] N., long. 165[deg]04[min]01[sec] 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[min]58[sec] N., long. 166[deg]30[min]03[sec] W., and 
within a 30-mile radius of lat. 66[deg]19[min]55[sec] N., long. 
165[deg]40[min]32[sec] 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[min]57[sec] N., long. 160[deg]00[min]00[sec] W., then 
south along 160[deg]00[min]00[sec] 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[min]00[sec] N., long. 
175[deg]00[min]00[sec] W., to lat. 59[deg]59[min]57[sec] N., long. 
168[deg]00[min]08[sec] W., to lat. 57[deg]45[min]57[sec] N., long. 
161[deg]46[min]08[sec] 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 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

[[Page 16026]]

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-mile 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, on March 24, 2010.
Kelly Neubecker,
Acting Manager, Airspace and Rules Group.
[FR Doc. 2010-7266 Filed 3-30-10; 8:45 am]
BILLING CODE 4910-13-P
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