[Federal Register: November 28, 2005 (Volume 70, Number 227)]
[Rules and Regulations]
[Page 71237-71238]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28no05-6]
[[Page 71237]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2005-22399; Airspace Docket No. 05-AAL-27]
RIN 2120-AA66
Modification of the Norton Sound Low Offshore Airspace Area; AK
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action amends the Norton Sound Low airspace area, AK.
Specifically, this action modifies the Norton Sound Low airspace area
in the vicinity of the Deering Airport, AK, by lowering the controlled
airspace floor to 1,200 feet mean sea level (MSL) and expanding the
area to a 45-nautical mile (NM) radius of the airport. The FAA is
taking this action to provide additional controlled airspace for
aircraft instrument operations at the Deering Airport.
EFFECTIVE DATE: 0901 UTC, February 16, 2006.
FOR FURTHER INFORMATION CONTACT: Ken McElroy, Airspace and Rules,
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 September 21, 2005, the FAA published in the Federal Register a
notice of proposed rulemaking to modify the Norton Sound Low Offshore
Airspace Area in Alaska (70 FR 55325). Interested parties were invited
to participate in this rulemaking effort by submitting written comments
on the proposal. No comments were received. A review of the airspace
configuration at Nome, Alaska, revealed that an exclusion for the Nome
Class E airspace was not needed; this resulted in a minor change to the
legal description of the Norton Sound Low area, which removed the
exclusion for the Nome, Alaska, Class E airspace.
Norton Sound Low airspace areas are published in paragraph 6007 of
FAA Order 7400.9N dated September 1, 2005, and effective September 15,
2005, which is incorporated by reference in 14 CFR 71.1. The Norton
Sound Low airspace area listed in this document will be published
subsequently in the order.
The Rule
This action amends to Title 14 Code of Federal Regulations (14 CFR)
part 71 to modify the Norton Sound Low airspace area, AK, by lowering
the floor to 1,200 feet MSL within a 45-NM radius of Deering Airport,
AK. This action establishes controlled airspace to support instrument
flight rules operations at Deering Airport. The FAA Instrument Flight
Procedures Production and Maintenance Branch has developed four new
instrument approach procedures for the Deering Airport. New controlled
airspace extending upward from 1,200 feet MSL above the surface in
international airspace is created by this action.
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.
ICAO Considerations
As part of this action 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 & Rules, 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 consulted with the Secretary of State and the Secretary
of Defense in accordance with the provisions of Executive Order 10854.
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, Policies and Procedures for Considering
Environmental Impacts. 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).
Adoption of the Amendment
0
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
0
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]
0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9N,
Airspace Designations and Reporting
[[Page 71238]]
Points, dated September 1, 2005, and effective September 15, 2005, is
amended as follows:
Paragraph 6007--Offshore Airspace Areas.
* * * * *
Norton Sound Low, AK [Amended]
That airspace extending upward from 1,200 MSL within a 45-mile
radius of the Deering Airport, Alaska, and airspace extending upward
from 14,500 feet MSL within an area bounded by a line beginning at
Lat. 59[deg]59'57'' N., long. 168[deg]00'08'' W.; to Lat.
62[deg]35'00'' N., long. 175[deg]00'00'' W.; to Lat. 65[deg]00'00''
N., long. 168[deg]58'23'' W.; to Lat. 68[deg]00'00'' N., long.
168[deg]58'23'' W.; to a point 12 miles offshore at Lat.
68[deg]00'00'' N.; thence by a line 12 miles from and parallel to
the shoreline to Lat. 56[deg]42'59'' N., long. 160[deg]00'00'' W.;
to Lat. 58[deg]06'57'' N., long. 160[deg]00'00'' W.; to Lat.
57[deg]45'57'' N., long. 161[deg]46'08'' W.; to the point of
beginning, excluding that portion that lies within Class E airspace
above 14,500 feet MSL, Federal airways and the Nome and Kotzebue,
AK, Class E airspace areas.
* * * * *
Issued in Washington, DC, on November 17, 2005.
Edith V. Parish,
Manager, Airspace and Rules.
[FR Doc. 05-23306 Filed 11-25-05; 8:45 am]
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