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Rule

Modification of the Norton Sound Low, Woody Island Low and 1234L Offshore Airspace Areas; AK

Document Details

Information about this document as published in the Federal Register.

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AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule.

SUMMARY:

This action amends the Norton Sound Low, Woody Island Low and 1234L Offshore Airspace Areas in Alaska. Specifically, this action modifies the Norton Sound Low Offshore Airspace Area in the vicinity of the Toksook Bay Airport, Toksook Bay, AK, by lowering the Offshore airspace floor to 1,200 feet mean sea level (MSL) within a 35-mile radius from a defined point just south of the airport. This action also modifies the Woody Island Low and 1234L Offshore Airspace Areas in the vicinity of the Chignik Airport, Chignik, AK, by lowering the Offshore airspace floors to 1,200 feet MSL within a 72.8-mile radius from the Chignik Start Printed Page 11299Airport. The additional controlled airspace is necessary for the safety of instrument flight rules (IFR) operations at the Toksook Bay and Chignik Airports.

Effective Date: 0901 UTC, June 8, 2006.

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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.

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SUPPLEMENTARY INFORMATION:

History

On December 28, 2005, the FAA published in the Federal Register a notice of proposed rulemaking to modify the Norton Sound low, Woody Island Low, and 1234L Offshore Control Areas in Alaska (70 FR 76730). 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 7400.9N dated September 1, 2005 and effective September 15, 2005, 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 to modify the Norton Sound Low Offshore Airspace Area, AK by lowering the floor to 1,200 feet MSL within a 35-mile radius of a point just south of Toksook Bay Airport, AK. The floor of Woody Island Low and 1234L Offshore Airspace Areas, AK is lowered to 1,200 feet MSL within a 72.8-mile radius of Chignik Airport. This rule establishes controlled airspace to support IFR operations at the Toksook Bay and Chignik Airports, AK. The FAA Instrument Flight Procedures Production and Maintenance Branch developed new instrument approach procedures for the Toksook Bay and Chignik Airports. New controlled airspace extending upward from 1,200 feet MSL above the surface in international airspace is created by this action. This airspace is sufficient to support the safety of IFR operations at the Toksook Bay and Chignik Airports.

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 rule relates to navigable airspace outside the United States, the notice of this action 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.

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List of Subjects in 14 CFR Part 71

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The Amendment

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In consideration of the foregoing, the Federal Aviation Administration amends

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PART 71—DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

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1. The authority citation for part 71 continues to read as follows:

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Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

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[Amended]
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2. The incorporation by reference in

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Paragraph 6007 Offshore Airspace Areas.

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Norton Sound Low, AK [Amended]

That airspace extending upward from 1,200 MSL within a 45-mile radius of Deering Airport, AK, and within a 35-mile radius of lat. 60°21′17″ N., long. 165°04′01″ W., and airspace extending upward from 14,500 feet MSL within an area bounded by a line beginning at lat. 59°59′57″ N., long. 168°00′08″ W.; to lat. 62°35′00″ N., long. 175°00′00″ W.; to lat. 65°00′00″ N., long. 168°58′23″ W.; to lat. 68°00′00″ N., long. 168°58′23″ W.; to a point 12 miles offshore at lat. 68°00′00″ N.; thence by a line 12 miles from and parallel to the shoreline to lat. 56°42′59″ N., long. 160°00′00″ W.; to lat. 58°06′57″ N., long. 160°00′00″ W.; to lat. 57°45′57″ N., long. 161°46′08″ W.; to the point of beginning.

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Woody Island Low, AK [Amended]

The airspace extending upward from 1,200 MSL within a 72.8-mile radius of Chignik Airport, AK, and that airspace extending upward from 14,500 feet MSL within the area bounded by a line beginning at lat. 53°30′00″ N., long. 160°00′00″ W.; to lat. 56°00′00″ N., long. 153°0′00″ W.; to lat. 56°45′42″ N., long. 151°45′00″ W.; to lat. 58°19′58″ N., long. 148°55′07″ W.; to lat. 59°08′34″ N., long. 147°16′06″ W.; thence clockwise via the arc of a 149.5-mile radius circle centered on the Anchorage, AK, VOR/DME to a point 12 miles offshore; thence southwest by a line 12 miles from and parallel to the shoreline to a Start Printed Page 11300point 12 miles offshore at long. 160°00′00″ W.; to the point of beginning.

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1234L [Amended]

The airspace extending upward from 1,200 MSL within a 72.8-mile radius of Chignik Airport, AK, and 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., south along long. 160°00′00″ W. until it intersects the Anchorage Air Route Traffic Control Center boundary; thence southwest, northwest, north, and northeast along the Anchorage Air Route Traffic Control Center 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.

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Issued in Washington, DC on February 22, 2006.

Edith V. Parish,

Manager, Airspace and Rules.

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[FR Doc. 06-2112 Filed 3-6-06; 8:45 am]

BILLING CODE 4910-13-P