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11298 Federal Register / Vol. 71, No.

44 / Tuesday, March 7, 2006 / Rules and Regulations

areas, the airspace must be designated interested persons. A report that Authority: 49 U.S.C. 106(g), 40103, 40113,
as controlled airspace. summarizes each FAA-pubic contact 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
Class E enroute domestic airspace concerned with the substance of this 1963 Comp., p. 389.
areas are published in Paragraph 6006 of action will be filed in the Rules Docket. § 71.1 [Amended]
FAA Order 7400.9N dated September 1, Commenters wishing the FAA to
2005, and effective September 15, 2005, acknowledge receipt of their comments ■ 2. The incorporation by reference in
which is incorporated by reference in 14 submitted in response to this rule must 14 CFR 71.1 of the Federal Aviation
CFR 71.1. The Class E enroute domestic submit a self-addressed, stamped Administration Order 7400.9N,
airspace designation listed in this postcard on which the following Airspace Designations and Reporting
document would be published statement is made: ‘‘Comments to Points, dated September 1, 2005, and
subsequently in this Order. airspace Docket No. 05–AWP–15.’’ The effective September 15, 2005, is
postcard will be date stamped and amended as follows:
The Direct Final Rule Procedure
returned to the commenter. * * * * *
The FAA anticipates that this
Agency Findings Paragraph 6006 Enroute Domestic Airspace
regulation will not result in adverse or
Areas.
negative comment and therefore is The regulations adopted herein will
issuing it as a direct final rule. Unless * * * * *
not have substantial direct effects on the
a written adverse or negative comment States, on the relationship between the Lompoc, CA, Vandenberg AFB [Established]
or a written notice of intent to submit national government and the States, or That airspace extending upward from 1200
an adverse or negative comment is on the distribution of power and feet above the surface bounded on the north
received within the comment period, responsibilities among the various by Monterey Class E5 airspace, on the east by
the regulation will become effective on levels of government. Therefore, in V27 and Santa Barbara Class E5 airspace, on
the date specified above. After the close accordance with Executive Order 12612, the south by the northern boundary of
of the comment period, the FAA will Control Area 1176L, and on the west by a
it is determined that this final rule does line 12 miles from and parallel to the U.S.
publish a document in the Federal not have sufficient federalism
Register indicating that no adverse or shoreline and Control Area Pacific Low,
implications to warrant the preparation excluding Control Area 1155L.
negative comments were received and of a Federalism Assessment.
confirming the date on which the final Issued in Los Angeles, California on
The FAA has determined that this
rule will become effective. If the FAA February 22, 2006.
regulation is noncontroversial and
does receive, within the comment John Clancy,
unlikely to result in adverse or negative
period, an adverse or negative comment, comments. For the reasons discussed in Area Director, Western Terminal Operations.
or written notice of intent to submit the preamble, this regulation only [FR Doc. 06–2111 Filed 3–6–06; 8:45 am]
such a comment, a document involves an established body of BILLING CODE 4910–13–M
withdrawing the direct final rule will be technical regulations for which frequent
published in the Federal Register, and and routine amendments are necessary
a notice of proposed rulemaking may be to keep them operationally current. DEPARTMENT OF TRANSPORTATION
published with a new comment period. Therefore, this regulation—(1) is not a
Federal Aviation Administration
Comments Invited ‘‘significant regulatory action’’ under
Although this action is in the form of Executive Order 12866; (2) is not a
14 CFR Part 71
a final rule and was not preceded by a ‘‘significant rule’’ under DOT
notice of proposed rulemaking, Regulatory Policies and Procedures (44 [Docket No. FAA–2005–22024; Airspace
FR 11034; February 26, 1979); and (3) Docket No. 05–AAL–38]
comments are invited on this rule.
Interested persons are invited to does not warrant preparation of a RIN–2120–AA66
comment on this rule by submitting Regulatory Evaluation as the anticipated
such written data, views, or arguments impact is so minimal. Since this is a Modification of the Norton Sound Low,
as they may desire. Communications routine matter that will only affect air Woody Island Low and 1234L Offshore
should identify the Rules Docket traffic procedures and air navigation, it Airspace Areas; AK
number and be submitted to the address is certified that this rule will not have
a significant economic impact on a AGENCY: Federal Aviation
specified under the caption ADDRESSES. Administration (FAA), DOT.
All communications received on or substantial number of small entities
under the criteria of the Regulatory ACTION: Final rule.
before the closing date for comments
will be considered, and this rule may be Flexibility Act. SUMMARY: This action amends the
amended or withdrawn in light of the List of Subjects in 14 CFR Part 71 Norton Sound Low, Woody Island Low
comment received. Factual information and 1234L Offshore Airspace Areas in
Airspace, Incorporation by reference,
that supports the commenter’s ideas and Alaska. Specifically, this action
Navigation (air).
suggestions is extremely helpful in modifies the Norton Sound Low
evaluating the effectiveness of this Adoption of the Amendment Offshore Airspace Area in the vicinity of
action and determining whether the Toksook Bay Airport, Toksook Bay,
■ In consideration of the foregoing, the AK, by lowering the Offshore airspace
additional rulemaking action would be
Federal Aviation Administration floor to 1,200 feet mean sea level (MSL)
needed.
Comments are specifically invited on amends 14 CFR part 71 as follows: within a 35-mile radius from a defined
the overall regulatory, economic, PART 71—DESIGNATION OF CLASS A, point just south of the airport. This
environmental, and energy aspects of CLASS B, CLASS C, CLASS D, AND action also modifies the Woody Island
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the rule that might suggest a need to CLASS E AIRSPACE AREAS; ROUTES; Low and 1234L Offshore Airspace Areas
modify the rule. All comments AND REPORTING POINTS. in the vicinity of the Chignik Airport,
submitted will be available, both before Chignik, AK, by lowering the Offshore
and after the closing date for comments, ■ 1. The authority citation for 14 CFR airspace floors to 1,200 feet MSL within
in the Rules Docket for examination by part 71 continues to read as follows: a 72.8-mile radius from the Chignik

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Federal Register / Vol. 71, No. 44 / Tuesday, March 7, 2006 / Rules and Regulations 11299

Airport. The additional controlled under Executive Order 12866; (2) is not States, the Administrator is consulting
airspace is necessary for the safety of a ‘‘significant rule’’ under Department of with the Secretary of State and the
instrument flight rules (IFR) operations Transportation (DOT) Regulatory Secretary of Defense in accordance with
at the Toksook Bay and Chignik Policies and Procedures (44 FR 11034; the provisions of Executive Order
Airports. February 26, 1979); and (3) does not 10854.
Effective Date: 0901 UTC, June 8, 2006. warrant preparation of a regulatory
evaluation as the anticipated impact is List of Subjects in 14 CFR Part 71
FOR FURTHER INFORMATION CONTACT: Ken
so minimal. Since this is a routine Airspace, Incorporation by reference,
McElroy, Airspace and Rules, Office of matter that will only affect air traffic
System Operations Airspace and AIM, Navigation (air).
procedures and air navigation, it is
Federal Aviation Administration, 800 certified that this proposed rule, when The Amendment
Independence Avenue, SW., promulgated, will not have a significant
Washington, DC 20591; telephone: (202) ■ In consideration of the foregoing, the
economic impact on a substantial Federal Aviation Administration
267–8783. number of small entities under the
SUPPLEMENTARY INFORMATION: amends 14 CFR part 71 as follows:
criteria of the Regulatory Flexibility Act.
History ICAO Considerations PART 71—DESIGNATION OF CLASS A,
On December 28, 2005, the FAA B, C, D AND E AIRSPACE AREAS; AIR
As part of this rule relates to TRAFFIC SERVICE ROUTES; AND
published in the Federal Register a navigable airspace outside the United
notice of proposed rulemaking to REPORTING POINTS
States, the notice of this action is
modify the Norton Sound low, Woody submitted in accordance with the ■ 1. The authority citation for part 71
Island Low, and 1234L Offshore Control International Civil Aviation continues to read as follows:
Areas in Alaska (70 FR 76730). Organization (ICAO) International
Interested parties were invited to Authority: 49 U.S.C. 106(g), 40103, 40113,
Standards and Recommended Practices.
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
participate in this rulemaking effort by The application of International 1963 Comp., p. 389.
submitting written comments on the Standards and Recommended Practices
proposal. No comments were received. by the FAA, Office of System § 71.1 [Amended]
Offshore Airspace Areas are Operations Airspace and AIM, Airspace
published in paragraph 6007 of FAA & Rules, in areas outside the United ■ 2. The incorporation by reference in
Order 7400.9N dated September 1, 2005 States domestic airspace, is governed by 14 CFR 71.1 of the FAA Order 7400.9N,
and effective September 15, 2005, which the Convention on International Civil Airspace Designations and Reporting
is incorporated by reference in 14 CFR Aviation. Specifically, the FAA is Points, dated September 1, 2005, and
71.1. The Offshore Airspace Areas listed governed by Article 12 and Annex 11, effective September 15, 2005, is
in this document will be published which pertain to the establishment of amended as follows:
subsequently in the order. necessary air navigational facilities and Paragraph 6007 Offshore Airspace Areas.
services to promote the safe, orderly, * * * * *
The Rule
and expeditious flow of civil air traffic.
This action amends Title 14 Code of The purpose of Article 12 and Annex 11 Norton Sound Low, AK [Amended]
Federal Regulations (14 CFR) part 71 to is to ensure that civil aircraft operations That airspace extending upward from
modify the Norton Sound Low Offshore on international air routes are 1,200 MSL within a 45-mile radius of Deering
Airspace Area, AK by lowering the floor performed under uniform conditions. Airport, AK, and within a 35-mile radius of
to 1,200 feet MSL within a 35-mile The International Standards and lat. 60°21′17″ N., long. 165°04′01″ W., and
radius of a point just south of Toksook Recommended Practices in Annex 11 airspace extending upward from 14,500 feet
MSL within an area bounded by a line
Bay Airport, AK. The floor of Woody apply to airspace under the jurisdiction beginning at lat. 59°59′57″ N., long.
Island Low and 1234L Offshore of a contracting state, derived from 168°00′08″ W.; to lat. 62°35′00″ N., long.
Airspace Areas, AK is lowered to 1,200 ICAO. Annex 11 provisions apply when 175°00′00″ W.; to lat. 65°00′00″ N., long.
feet MSL within a 72.8-mile radius of air traffic services are provided and a 168°58′23″ W.; to lat. 68°00′00″ N., long.
Chignik Airport. This rule establishes contracting state accepts the 168°58′23″ W.; to a point 12 miles offshore
controlled airspace to support IFR responsibility of providing air traffic at lat. 68°00′00″ N.; thence by a line 12 miles
operations at the Toksook Bay and services over high seas or in airspace of from and parallel to the shoreline to lat.
Chignik Airports, AK. The FAA undetermined sovereignty. A 56°42′59″ N., long. 160°00′00″ W.; to lat.
Instrument Flight Procedures contracting state accepting this 58°06′57″ N., long. 160°00′00″ W.; to lat.
57°45′57″ N., long. 161°46′08″ W.; to the
Production and Maintenance Branch responsibility may apply the point of beginning.
developed new instrument approach International Standards and
procedures for the Toksook Bay and Recommended Practices that are * * * * *
Chignik Airports. New controlled consistent with standards and practices Woody Island Low, AK [Amended]
airspace extending upward from 1,200 utilized in its domestic jurisdiction. The airspace extending upward from 1,200
feet MSL above the surface in In accordance with Article 3 of the MSL within a 72.8-mile radius of Chignik
international airspace is created by this Convention, state-owned aircraft are Airport, AK, and that airspace extending
action. This airspace is sufficient to exempt from the Standards and upward from 14,500 feet MSL within the area
support the safety of IFR operations at Recommended Practices of Annex 11. bounded by a line beginning at lat. 53°30′00″
the Toksook Bay and Chignik Airports. The United States is a contracting state N., long. 160°00′00″ W.; to lat. 56°00′00″ N.,
The FAA has determined that this to the Convention. Article 3(d) of the long. 153°0′00″ W.; to lat. 56°45′42″ N., long.
regulation only involves an established Convention provides that participating 151°45′00″ W.; to lat. 58°19′58″ N., long.
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148°55′07″ W.; to lat. 59°08′34″ N., long.


body of technical regulations for which state aircraft will be operated in 147°16′06″ W.; thence clockwise via the arc
frequent and routine amendments are international airspace with due regard of a 149.5-mile radius circle centered on the
necessary to keep them operationally for the safety of civil aircraft. Since this Anchorage, AK, VOR/DME to a point 12
current. Therefore, this regulation: (1) Is action involves, in part, the designation miles offshore; thence southwest by a line 12
not a ‘‘significant regulatory action’’ of navigable airspace outside the United miles from and parallel to the shoreline to a

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11300 Federal Register / Vol. 71, No. 44 / Tuesday, March 7, 2006 / Rules and Regulations

point 12 miles offshore at long. 160°00′00″ regulations is approved by the Director available for examination or purchase as
W.; to the point of beginning. of the Federal Register as of March 7, stated above.
* * * * * 2006. The large number of SIAPs and/or
1234L [Amended] ADDRESSES: Availability of matters Weather Takeoff Minimums, their
incorporated by reference in the complex nature, and the need for a
The airspace extending upward from 1,200
MSL within a 72.8-mile radius of Chignik amendment is as follows: special format make their verbatim
Airport, AK, and that airspace extending For Examination— publication in the Federal Register
upward from 2,000 feet above the surface 1. FAA Rules Docket, FAA expensive and impractical. Further,
within an area bounded by a line beginning Headquarters Building, 800 airmen do not use the regulatory text of
at lat. 58°06′57″ N., long. 160°00′00″ W., Independence Avenue, SW., the SIAPs and/or Weather Takeoff
south along long. 160°00′00″ W. until it Washington, DC 20591; Minimums but refer to their depiction
intersects the Anchorage Air Route Traffic on charts printed by publishers of
2. The FAA Regional Office of the
Control Center boundary; thence southwest,
region in which the affected airport is aeronautical materials. Thus, the
northwest, north, and northeast along the
Anchorage Air Route Traffic Control Center located; advantages of incorporation by reference
boundary to lat. 62°35′00″ N., long. 3. The National Flight Procedures are realized and publication of the
175°00′00″ W.; to lat. 59°59′57″ N., long. Office, 6500 South MacArthur Blvd., complete description of each SIAP and/
168°00′08″ W.; to lat. 57°45′57″ N., long. Oklahoma City, OK 73169 or, or Weather Takeoff Minimums
161°46′08″ W.; to the point of beginning. 4. The National Archives and Records contained in FAA form documents is
* * * * * Administration (NARA). For unnecessary. The provisions of this
Issued in Washington, DC on February 22,
information on the availability of this amendment state the affected CFR
2006. material at NARA, call 202–741–6030, sections, with the types and effective
Edith V. Parish,
or go to: http://www.archives.gov/ dates of the SIAPs and/or Weather
federal_register/ Takeoff Minimums. This amendment
Manager, Airspace and Rules.
code_of_federal_regulations/ also identifies the airport, its location,
[FR Doc. 06–2112 Filed 3–6–06; 8:45 am] ibr_locations.html. the procedure identification and the
BILLING CODE 4910–13–P For Purchase—Individual SIAP and amendment number.
Weather Takeoff Minimums copies may
The Rule
be obtained from:
DEPARTMENT OF TRANSPORTATION 1. FAA Public Inquiry Center (APA– This amendment to 14 CFR part 97 is
Federal Aviation Administration 200), FAA Headquarters Building, 800 effective upon publication of each
Independence Avenue, SW., separate SIAP and/or Weather Takeoff
14 CFR Part 97 Washington, DC 20591; or Minimums as contained in the
2. The FAA Regional Office of the transmittal. Some SIAP and/or Weather
[Docket No. 30482; Amdt. No. 3156] region in which the affected airport is Takeoff Minimums amendments may
located. have been previously issued by the FAA
Standard Instrument Approach By Subscription—Copies of all SIAPs in a Flight Data Center (FDC) Notice to
Procedures, Weather Takeoff and Weather Takeoff Minimums mailed Airmen (NOTAM) as an emergency
Minimums; Miscellaneous once every 2 weeks, are for sale by the action of immediate flight safety relating
Amendments Superintendent of Documents, U.S. directly to published aeronautical
AGENCY: Federal Aviation Government Printing Office, charts. The circumstances which
Administration (FAA), DOT. Washington, DC 20402. created the need for some SIAP, and/or
ACTION: Final rule. FOR FURTHER INFORMATION CONTACT: Weather Takeoff Minimums
Donald P. Pate, Flight Procedure amendments may require making them
SUMMARY: This amendment establishes, Standards Branch (AFS–420), Flight effective in less than 30 days. For the
amends, suspends, or revokes Standard Technologies and Programs Division, remaining SIAPs and/or Weather
Instrument Approach Procedures Flight Standards Service, Federal Takeoff Minimums, an effective date at
(SIAPs) and/or Weather Takeoff Aviation Administration, Mike least 30 days after publication is
Minimums for operations at certain Monroney Aeronautical Center, 6500 provided.
airports. These regulatory actions are South MacArthur Blvd., Oklahoma City, Further, the SIAPs and/or Weather
needed because of the adoption of new OK 73169 (Mail Address: P.O. Box Takeoff Minimums contained in this
or revised criteria, or because of changes 25082, Oklahoma City, OK 73125); amendment are based on the criteria
occurring in the National Airspace telephone: (405) 954–4164. contained in the U.S. Standard for
System, such as the commissioning of SUPPLEMENTARY INFORMATION: This Terminal Instrument Procedures
new navigational facilities, addition of amendment to Title 14 of the Code of (TERPS). In developing these SIAPs
new obstacles, or changes in air traffic Federal Regulations, part 97 (14 CFR and/or Weather Takeoff Minimums, the
requirements. These changes are part 97), establishes, amends, suspends, TERPS criteria were applied to the
designed to provide safe and efficient or revokes SIAPs and/or Weather conditions existing or anticipated at the
use of the navigable airspace and to Takeoff Minimums. The complete affected airports. Because of the close
promote safe flight operations under regulatory description of each SIAP and immediate relationship between
instrument flight rules at the affected and/or Weather Takeoff Minimums is these SIAPs and/or Weather Takeoff
airports. contained in official FAA form Minimums and safety in air commerce,
DATES: This rule is effective March 7, documents which are incorporated by I find that notice and public procedure
2006. The compliance date for each reference in this amendment under 5 before adopting these SIAPs and/or
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SIAP and/or Weather Takeoff U.S.C. 552(a), 1 CFR part 51, and 14 Weather Takeoff Minimums are
Minimums is specified in the CFR part 97.20. The applicable FAA impracticable and contrary to the public
amendatory provisions. Forms are identified as FAA Forms interest and, where applicable, that
The incorporation by reference of 8260–3, 8260–4, 8260–5 and 8260–15A. good cause exists for making some
certain publications listed in the Materials incorporated by reference are SIAPs and/or Weather Takeoff

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