[Federal Register: June 30, 2006 (Volume 71, Number 126)]
[Rules and Regulations]               
[Page 37492-37494]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30jn06-4]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2006-23872; Airspace Docket No. 06-AAL-9]
RIN 2120-AA66

 
Establishment of Offshore Airspace Area 1485L and Revision of 
Control 1485H; Barrow, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Control 1485L and revises Control 
1485H offshore airspace in the vicinity of Barrow, AK. This action 
establishes controlled airspace outside of 12 nautical miles (NM) of 
the U.S. shoreline upward from 1,200 feet mean sea level (MSL) along 
the North Slope of Alaska. Additionally, this action revises the 
altitudes of Control 1485H from FL 230/FL 450 to FL 180/FL 600. This 
action provides additional controlled airspace for aircraft executing 
instrument flight rules (IFR) operations at the airfields along the 
North Slope of

[[Page 37493]]

Alaska in anticipation of establishing terminal arrival areas 
associated with Area Navigation (RNAV) Standard Instrument Arrival 
Procedures (SIAPs).

DATES: Effective Date: 0901 UTC, September 28, 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 April 20, 2006, the FAA published in the Federal Register a 
notice of proposed rulemaking to establish Control 1485L, and revise 
Control 1485H, offshore airspace area in Alaska (71 FR 20374). 
Interested parties were invited to participate in this rulemaking 
effort by submitting written comments on the proposal. No comments were 
received.
    Offshore Airspace Areas are published in paragraph 6007 of FAA 
Order 7400.9O dated September 1, 2006, and effective September 15, 
2006, 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 Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR) 
part 71 by establishing Control 1485L Offshore Airspace Area, AK, 
extending upward from 1,200 feet MSL along the North Slope of Alaska. 
This action provides controlled airspace beyond 12NM from the shoreline 
of the United States in those areas where there will soon be a 
requirement to provide IFR enroute air traffic control services and 
within which the United States is applying domestic procedures. This 
action will establish controlled airspace of sufficient size to support 
the terminal arrival area associated with new IFR operations at Atqasuk 
Airport, AK. Future plans for Barrow, AK are also taken into 
consideration for this action. The FAA Instrument Flight Procedures 
Production and Maintenance Branch have revised four SIAPs for the 
Atqasuk Airport, which requires controlled airspace outside the 12NM. 
Controlled airspace extending upward from 1,200 feet above the surface 
in international airspace is created by this action. Additionally, the 
floor of Control 1485H is lowered from FL 230 to FL 180 to fill the gap 
between low and high control areas and raises the ceiling from FL 245 
to FL 600.
    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 
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.

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 & 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 is consulting 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

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 the Federal 
Aviation Administration Order 7400.9O, Airspace Designations and 
Reporting Points, dated September 1, 2006, and effective September 15, 
2006, is amended as follows:

Paragraph 6007 Offshore Airspace Areas.

* * * * *

Control 1485L [New]

    That airspace extending upward from 1,200 feet MSL within the 
area bounded by a line beginning at a point 12 miles offshore at 
lat. 68[deg]00'00'' N.; to lat. 68[deg]00'00'' N., long. 
168[deg]58'23'' W.; to lat. 72[deg]00'00'' N., long. 158[deg]00'00'' 
W.; to lat. 72[deg]00'00'' N., long. 144[deg]00'11'' W.; to lat. 
75[deg]00'00'' N., long. 141[deg]00'00'' W.; to a point 12 miles 
offshore at long.141[deg]00'00'' W.; thence westward by a line 12 
miles from and parallel to the shoreline to the point of beginning.
* * * * *

Paragraph 2003 Offshore Airspace Areas.

* * * * *

Control 1485H [Revised]

    That airspace extending upward from 18,000 feet to FL 600 within 
the area bounded by a line beginning at a point 12 miles offshore at 
lat. 68[deg]00'00'' N.; to lat. 68[deg]00'00'' N., long. 
168[deg]58'23'' W.; to lat. 72[deg]00'00'' N., long. 158[deg]00'00'' 
W.; to lat. 72[deg]00'00'' N., long. l44[deg]00'11'' W.; to lat. 
75[deg]00'00'' N., long. 141[deg]00'00'' W.; to a point 12 miles 
offshore at long.141[deg]00'00'' W.;

[[Page 37494]]

thence westward by a line 12 miles from and parallel to the 
shoreline to the point of beginning.
* * * * *

    Issued in Washington, DC, on June 23, 2006.
Edith V. Parish,
Manager, Airspace and Rules.
 [FR Doc. E6-10282 Filed 6-29-06; 8:45 am]

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