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. 

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 

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: http://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 

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 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 

■ 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 

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 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°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 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° 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 73- 

mile 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 

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 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

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 http://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, 

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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