## 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


## 38407 Federal Register / Vol. 75, No. 127 / Friday, July 2, 2010 / Rules and Regulations

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


## 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