16024 Federal Register / Vol. 75, No. 61 / Wednesday, March 31, 2010 / Proposed Rules 

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). 

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. 


sroberts on DSKD5P82C1PROD with NOTICES
Federal Register / Vol. 75, No. 61 / Wednesday, March 31, 2010 / Proposed Rules 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. 

§ 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°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 

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 


sroberts on DSKD5P82C1PROD with NOTICES
16026 Federal Register / Vol. 75, No. 61 / Wednesday, March 31, 2010 / Proposed Rules 

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-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° 

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, 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 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2009–0282; FRL–9131–5] 

Approval and Promulgation of State 

Implementation Plan Revisions; State 

of North Dakota; Air Pollution Control 

Rules, and Interstate Transport of 

Pollution for the 1997 PM2.5 and 8-Hour 

Ozone NAAQS: ‘‘Significant 

Contribution to Nonattainment’’ and 

‘‘Interference With Prevention of 

Significant Deterioration’’ 

Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency is proposing to approve State 

Implementation Plan (SIP) revisions 

submitted by the State of North Dakota 

on April 6, 2009. Specifically, EPA is 

proposing approval of revisions to the 

North Dakota air pollution control rules 

regarding prevention of significant 

deterioration of air quality, and partial 

approval of the SIP revision ‘‘Interstate 

Transport of Air Pollution’’ addressing 

the requirements of Clean Air Act 

section 110(a)(2)(D)(i) for the 1997 PM2.5

and 8-hour ozone National Ambient Air 

Quality Standards (NAAQS). For the 

latter, EPA proposes approval of the 

North Dakota Interstate Transport SIP 

sections that address the requirements 

of section 110(a)(2)(D)(i) prohibiting a 

state’s emissions from contributing 

significantly to any other state’s 

nonattainment of the NAAQS, or from 

interfering with any other state’s 

required measures to prevent significant 

deterioration of its air quality. EPA will 

act at a later date on the North Dakota 

Interstate Transport SIP sections that 

address the remaining two requirements 

of section 110(a)(2)(D)(i), prohibiting a 

state’s emissions from interfering with 

any other state’s maintenance of the 

NAAQS, or with any other state’s 

required measures to protect visibility. 

This action is being taken under section 

110 of the Clean Air Act. 

DATES: Comments must be received on 

or before April 30, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2009–0282, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

• E-mail: videtich.callie@epa.gov and 

mastrangelo.domenico@epa.gov. 

• Fax: (303) 312–6064 (please alert 

the individual listed in the FOR FURTHER

INFORMATION CONTACT if you are faxing 

comments). 

• Mail: Callie Videtich, Director, Air 

Program, Environmental Protection 

Agency (EPA), Region 8, Mailcode 8P– 

AR, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129. 

• Hand Delivery: Callie Videtich, 

Director, Air Program, Environmental 

Protection Agency (EPA), Region 8, 

Mailcode 8P–AR, 1595 Wynkoop, 

Denver, Colorado 80202–1129. Such 

deliveries are only accepted Monday 

through Friday, 8 a.m. to 4:30 p.m., 

excluding Federal holidays. Special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R08–OAR–2009– 

0282. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA, without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional instructions on 

submitting comments, go to Section I. 

General Information of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 


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