This document is scheduled to be published in the Federal Register on 09/21/2020 and available online at federalregister.gov/d/2020-20567, and on govinfo.gov 4910-13 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2020-0823; Airspace Docket No. 20-AAL-49] RIN 2120-AA66 Proposed Technical Amendment to Separate Terminal Airspace Areas from Norton Sound Low, Woody Island Low, Control 1234L, and Control 1487L Offshore Airspace Areas; Alaska AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: This action proposes to amend the following Offshore Airspace Areas in Alaska: Norton Sound Low, Woody Island Low, Control 1234L, and Control 1487L. The FAA found an error with the Offshore Airspace Legal Descriptions containing airspace descriptions not related to the need to apply IFR en route Air Traffic Control services in international airspace. This action would correct that error by removing terminal airspace, airspace associated with geographic coordinates, and airspace associated with NAVAIDs from the Offshore Airspace legal descriptions. DATES: Comments must be received on or before [INSERT DATE 45 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER]. ADDRESSES: Send comments on this proposal to the U.S. Department of Transportation, Docket Operations, 1200 New Jersey Avenue SE, West Building Ground Floor, Room W12-140, Washington, D.C. 20590; telephone: 1(800) 647-5527, or (202) 366-9826. You must identify FAA Docket No. FAA-2020-0823; Airspace Docket No. 20-AAL-49 at the beginning of your comments. You may also submit comments through the Internet at https://www.regulations.gov. FAA Order 7400.11E, Airspace Designations and Reporting Points, and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can contact the Rules and Regulations Group, Federal Aviation Administration, 800 Independence Avenue, SW, Washington, DC, 20591; telephone: (202) 267-8783. The Order is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of FAA Order 7400.11E at NARA, email: [email protected] or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html. FOR FURTHER INFORMATION CONTACT: Christopher McMullin, Rules and Regulations Group, Office of Policy, Federal Aviation Administration, 800 Independence Avenue, SW, Washington, DC 20591; telephone: (202) 267-8783. SUPPLEMENTARY INFORMATION: Authority for this Rulemaking 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 would modify the route structure as necessary to preserve the safe and efficient flow of air traffic within the National Airspace System. 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-2020- 0823; Airspace Docket No. 20-AAL-49) 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 https://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-2020-0823; Airspace Docket No. 20- AAL-49.” The postcard will be date/time stamped and returned to the commenter. All communications received on or before the specified comment closing date 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 comment closing date. 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 https://www.regulations.gov. Recently published rulemaking documents can also be accessed through the FAA’s web page at https://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 9:00 am and 5:00 pm, Monday through Friday, except federal holidays. An informal docket may also be examined during normal business hours at the office of the Western Service Center, Operations Support Group, Federal Aviation Administration, 2200 South 216th St., Des Moines, WA 98198. Availability and Summary of Documents for Incorporation by Reference This document proposes to amend FAA Order 7400.11E, Airspace Designations and Reporting Points, dated July 12, 2020, and effective September 15, 2020. FAA Order 7400.11E is publicly available as listed in the ADDRESSES section of this document. FAA Order 7400.11E lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points. Background A final rule was published in the Federal Register for Docket No. FAA-2006-25852 under Airspace Docket No. 06-AAL-29 (72 FR 31714; June 8, 2007; as corrected 72 FR 37430, July 10, 2007), this action amended the following offshore airspace areas: Norton Sound Low, Woody Island Low, Control 1234L, and Control 1487L Offshore Airspace Areas; Alaska, to include terminal airspace previously thought to be excluded in the Code of Federal Regulations. The exclusionary language was misinterpreted including all airspace West of Longitude 160°. The FAA found this interpretation to be in error as the exclusion only pertains to the area West of Longitude 160° for the Alaska Peninsula. The Alaska Peninsula does not include the Aleutian Islands nor preclude the establishment of airspace under CFR §71.71(c). This action proposes to correct this error and reverse the final rule. Offshore Airspace areas are reserved for those areas that extend from the Territorial Zone to the Flight Information Region boundary, in international airspace, where it is necessary to apply domestic airspace rules. The FAA also published a final rule in the Federal Register for Docket No. FAA-2006-26164 under Airspace Docket No. 06-AAL-34 (72 FR 5611; February 7, 2007). This action revoked the Class E Airspace for Adak, Atka, Cold Bay, Nelson Lagoon, Saint George Island, Sand Point, Shemya, St. Paul Island, and Unalaska, AK as it was thought that because these locations were within Control 1234L they should be contained in the offshore airspace description. This was in error as offshore airspace cannot be established within 12 nautical miles of a coastline of the United States (U.S.). This action would also correct that error. This proposed technical amendment would separate Offshore Airspace and terminal class E airspace to provide pilots with an accurate legal description in the appropriate sections of the regulation. 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, Woody Island Low, Control 1234L, and Control 1487L Offshore Airspace areas by removing 33 terminal facilities, five NAVAIDS, and three sets of geographic coordinate assigned airspace included in the Offshore Airspace areas legal description contained in FAA Order 7400.11 Section 6007. The vertical and lateral boundaries would remain as published. Additionally, the FAA proposes to define the legal descriptions of the terminal facilities in section 6002 and 6005 in FAA Order 7400.11. The proposed actions are described below. Shemya, AK: Shemya is currently published in 1234L as Eareckson AS. This action proposes to remove Eareckson AS description from 1234L legal description and add it to section 6005 in FAA Order 7400.11 labeled under the correct identifier as Shemya, AK. This proposed action would retain the same legal description for the Class E5 airspace. Adak, AK: Adak, AK is currently published in the 1234L legal description. This proposed action would remove the Adak class E legal description from 1234L and relocate it to section 6005 without changing the boundaries. Atka, AK: Atka, AK is currently published in the 1234L legal description. This proposed action would remove the Atka class E legal description from 1234L and relocate it to section 6005 with no change to the boundaries. Cold Bay, AK: Cold Bay, AK is currently published in the 1234L legal description. This proposed action would remove the Cold Bay class E2 and E5 legal descriptions from 1234L and relocate them to sections 6002 and 6005 with no change to the boundaries. Perryville, AK: Perryville, AK is currently published in the Norton Sound Low legal description. This proposed action would remove the Perryville class E legal description from Norton Sound Low and relocate it to section 6005 with no change to the boundaries. Nikoloski, AK: Nikoloski, AK is currently published in the 1234L legal description. This proposed action would remove the Nikoloski class E legal description from 1234L and relocate it to section 6005 with no change to the boundaries.