[Federal Register Volume 83, Number 231 (Friday, November 30, 2018)]
[Notices]
[Pages 61689-61692]
[FR Doc No: 2018-26000]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84646; File No. SR-FINRA-2018-039]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing of a Proposed Rule Change Relating to
FINRA Rule 4570 (Custodian of Books and Records)

November 26, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``SEA,'' ``Act'' or ``Exchange Act'') \1\ and Rule 19b-4
thereunder,\2\ notice is hereby given that on November 15, 2018,
Financial Industry Regulatory Authority, Inc. (``FINRA'') filed with
the Securities and Exchange Commission (``SEC'' or ``Commission'') the
proposed rule change as described in Items I, II, and III below, which
Items have been prepared by FINRA. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    FINRA is proposing to amend FINRA Rule 4570 (Custodian of Books and
Records) to: (1) Provide a member that is filing a Form BDW (Uniform
Request for Broker-Dealer Withdrawal) the option of designating another
FINRA member as the custodian of its books and records on the form; (2)
clarify the obligations of the designated custodian; and (3) require
the designated custodian to consent to act in such a capacity.
    The text of the proposed rule change is available on FINRA's
website at http://www.finra.org, at the principal office of FINRA and
at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, FINRA included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. FINRA has prepared summaries, set forth in sections A,
B, and C below, of the most significant aspects of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    SEA Rule 17a-4 (Records to be Preserved by Certain Exchange
Members, Brokers and Dealers) \3\ requires broker-dealers to retain
their books and records for specified retention periods.\4\ Pursuant to
SEA Rule 17a-4(g),\5\ a firm that stops doing business as a registered
broker-dealer has a continuing obligation to retain its required books
and records for the remainder of the specified retention periods. Form
BDW requires that a firm that is withdrawing its registration identify
and provide the contact information of the person who will have custody
of the firm's books and records after the firm has discontinued its
business operations. Form BDW also requires that the firm provide the
address where the books and records will be located, if different than
the custodian's address. In addition, the Form BDW provides that the
firm and person signing the form on behalf of the firm must certify
that the firm's books and records will be preserved and made available
for inspection.
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    \3\ 17 CFR 240.17a-4.
    \4\ See also FINRA Rule 4511 (General Requirements).
    \5\ 17 CFR 240.17a-4(g).
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    FINRA Rule 4570 currently requires a member to designate as the
custodian of its required books and records on the

Form BDW a person who is associated with the member at the time the
Form BDW is filed.\6\ The rule is intended to enhance the ability of
FINRA to obtain a firm's required books and records upon dissolution of
the firm.\7\
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    \6\ For purposes of Rule 4570, an associated person is a natural
person. See FINRA By-Laws, Article I, paragraph (rr).
    \7\ FINRA has jurisdiction over, and has the ability to obtain
information from, a former associated person of a member for
generally two years after: (1) The effective date of the person's
termination of registration; (2) the effective date of revocation or
cancellation of the person's registration; or (3) in the case of an
unregistered person, the date upon which such person ceased to be
associated with the member. See FINRA By-Laws, Article V, Section 4
(Retention of Jurisdiction) and FINRA Rule 8210 (Provision of
Information and Testimony and Inspection and Copying of Books).
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Permitting Another Member To Act as the Designated Custodian
    FINRA understands that some members have had difficulty in
identifying and designating an associated person as the books and
records custodian on their Form BDWs when they are in the process of
winding down. These members have indicated that other members are
willing to function as custodians for purposes of FINRA Rule 4570, but
they cannot do so currently because of the limitations in the rule.
    To provide greater flexibility to members, FINRA is proposing to
amend Rule 4570 to provide a member that is filing a Form BDW the
option of designating another FINRA member as the custodian of its
books and records on the Form BDW. The proposed rule change would not
require members to designate another FINRA member as the custodian of
their books and records, but would give them the option to do so, at
their discretion. Firms would continue to have the option of
designating an associated person as the custodian of their books and
records. Further, the proposed rule change would preserve FINRA's
ability to obtain the books and records of a former member because
FINRA would continue to have jurisdiction over, and the ability to
obtain information from, the member that has agreed to act as
custodian.
Clarifying the Obligations of the Designated Custodian
    In addition to permitting another member to act as the designated
custodian, FINRA is proposing to amend Rule 4570 to clarify the
obligations of the designated custodian. Specifically, the proposed
rule change would clarify that the custodian designated on the Form
BDW, which would be either an associated person or another member, must
preserve the books and records on behalf of the member that filed the
Form BDW for the remainder of the applicable retention periods and make
them available for inspection by FINRA upon request. For example, if a
custodian receives a record from a firm that is going out of business
that had an original retention period of six years, four years of which
have already passed, the custodian must retain that record for the
remaining two years and provide it to FINRA upon request.
    Further, the proposed rule change would clarify that a custodian is
required to preserve and produce a former member's books and records in
the same manner in which they were received. This provision is intended
to ensure that the custodian does not alter the records after taking
possession of them. However, the proposed rule change would provide
that a custodian would not be precluded from converting the books and
records in its possession into another format acceptable under the
Exchange Act (e.g., convert from paper format to an electronic storage
media), so long as such records are not altered or deleted during the
conversion process.
    In addition, the proposed rule change would provide that where a
member is acting as custodian, such member would not be required to
verify the completeness or accuracy of the books and records that it
receives. This exception is limited to members that are acting as
custodians because their function is more akin to that of a
recordkeeping service. However, FINRA believes that an associated
person who is acting as custodian of a member's books and records is in
a position to verify the completeness and accuracy of the member's
books and records based on his or her existing relationship with the
member.
    Finally, FINRA is proposing to amend Rule 4570 to require that
where a FINRA member has agreed to act as custodian of the books and
records of another member that has filed a Form BDW, the member acting
as custodian must: (1) Treat such books and records as if they were its
own books and records; and (2) arrange upon its dissolution for such
books and records to continue to be retained for the remainder of the
applicable retention periods under FINRA and Exchange Act rules in the
same manner as its own books and records consistent with Rule 4570.
FINRA believes that by clarifying the obligations of the custodian, the
proposed rule change would facilitate compliance with the obligations
under SEA Rule 17a-4(g) and Form BDW.
Requiring the Consent of the Designated Custodian
    FINRA has become aware of situations where the person named as the
custodian on the Form BDW was not aware that the member was designating
the person as a custodian. To address this issue, the proposed rule
change would require a member to obtain the affirmative, written or
verbal, consent of the custodian of books and records identified on the
firm's Form BDW. In addition, the proposed rule change would require a
member that is withdrawing its registration to inform its custodian of
the obligations under FINRA and Exchange Act rules, including FINRA
Rule 4570, prior to obtaining the custodian's consent.
    The proposed rule change would also require the designated
custodian to represent to FINRA, in a method prescribed by FINRA, that
the custodian: (1) Has consented to act in the capacity of a custodian;
(2) understands the responsibilities of a custodian; and (3) agrees to
provide the books and records of the member for which it is acting as
custodian to FINRA upon request during the course of the required
retention periods.
    The proposed rule change would impact all members, including
members that have elected to be treated as capital acquisition brokers
(``CABs'') and are subject to the CAB Rules. CAB Rule 457 subjects all
CABs to FINRA Rule 4570. Accordingly, the proposed rule change to FINRA
Rule 4570 would also impact CABs.
    If the Commission approves the proposed rule change, FINRA will
announce the effective date of the proposed rule change in a Regulatory
Notice to be published no later than 60 days following Commission
approval. The effective date will be no later than 120 days following
publication of the Regulatory Notice announcing Commission approval.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\8\ which requires, among
other things, that FINRA rules must be designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest. FINRA believes that the proposed rule change would
facilitate compliance with FINRA and SEC recordkeeping requirements.
Specifically, the proposed rule change

would provide a member the flexibility to select another member as its
custodian, which would enhance FINRA's ability to obtain the member's
required books and records upon the member's dissolution. This is
because FINRA's jurisdiction over former associated persons is more
limited than its jurisdiction over current members. The proposed rule
change would also clarify the obligations of the designated custodian
and require the designated custodian's consent, which would enhance the
ability of designated custodians to carry out their recordkeeping
responsibilities.
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    \8\ 15 U.S.C. 78o-3(b)(6).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    FINRA does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.
Economic Impact Assessment
    FINRA has undertaken an economic impact assessment, as set forth
below, to further analyze the regulatory need for the proposed rule
change, its potential economic impacts, including anticipated costs,
benefits, and distributional and competitive effects, relative to the
current baseline, and the alternatives FINRA considered in assessing
how best to meet its regulatory objective.
Regulatory Need
    FINRA Rule 4570 is intended to ensure that a firm's books and
records are properly retained and accessible for the remainder of the
applicable retention periods after the firm withdraws its registration
with FINRA. However, certain aspects of the rule as currently written
limit a firm's ability to identify a willing custodian and reduce the
likelihood that books and records are properly retained and accessible
following a firm's termination of registration.
Economic Baseline
    The economic baseline for the proposed rule change is the number of
firms that withdraw from the industry and thus file a Form BDW, and
would therefore have to identify a custodian. In the past five years,
approximately 1,100 firms filed a Form BDW, terminating their
registration with FINRA. The firms had a median age of 14 years, and a
median firm size of five associated persons and $240,000 in total
assets, at the time they filed their Form BDW. The number of firms
filing a Form BDW annually has largely remained constant over the last
five years.\9\
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    \9\ Annually since 2013, FINRA has received a low of 212
withdrawal requests (2014) and a high of 234 withdrawal requests
(2013), and an average of 220 withdrawal requests per year.
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Economic Impact
    The proposed rule change would primarily affect firms filing a Form
BDW, customers of those firms, designated custodians, and investors
generally.
Benefits
    Currently, firms that file a Form BDW may only designate an
associated person as the custodian of their books and records. By
allowing such firms to designate another member as their custodian, the
proposed rule change may reduce search costs associated with
identifying a willing custodian. Search costs can be significant for
firms filing a Form BDW as there are many other obligations that must
also be addressed as a firm prepares to leave the industry. These
obligations can make it difficult for a firm to identify an associated
person who is willing, and able, to carry out the custodial
responsibilities as the firm is in the process of winding down.
    FINRA believes that introducing-only firms with established
relationships with clearing firms may be most likely to benefit from
the additional flexibility provided in the proposed rule change.\10\
The clearing firm will already have possession of at least part of the
introducing firm's books and records and, if willing to act in such a
capacity, could therefore more easily maintain custody of all of the
introducing firm's records along with its own books and records. The
value of this flexibility would depend upon the willingness of the
clearing firm to take on these custodial obligations after the
introducing firm has left the industry. Any factor impacting the
provision of clearing services more generally would likely also impact
the likelihood that a clearing firm would be willing to take on the
custodial responsibilities. Currently, there are approximately 1,479
active introducing-only firms and 112 active clearing firms.\11\
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    \10\ Note that there are many firms that use clearing firms for
some but not all of their transactions. The value of the additional
flexibility decreases as the percentage of an introducing firm's
records with any one clearing firm decreases.
    \11\ Of the 1,100 firms that withdrew from the industry over the
last five years, we can affirmatively identify that 432 (39%) were
introducing-only firms.
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    FINRA also believes that if a firm that is filing a Form BDW
chooses another member as its custodian, it would enhance the ability
of FINRA to obtain the books and records of the firm. This is because
FINRA's jurisdiction over former associated persons is more limited
than its jurisdiction over current members.\12\ As noted below, FINRA's
ability to obtain the books and records of a former firm more easily
and readily would also benefit customers of the firm and investors more
generally.
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    \12\ FINRA has jurisdiction over, and has the ability to obtain
information from, a former associated person generally for two
years. See FINRA By-Laws, Article V, Section 4 (Retention of
Jurisdiction) and FINRA Rule 8210 (Provision of Information and
Testimony and Inspection and Copying of Books).
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    FINRA has become aware of situations where a document request was
made to a custodian only to find that the custodian had stopped paying
for the document storage or otherwise no longer had access to the books
and records of the former firm. This makes books and records
unavailable for use by FINRA staff, may inhibit the ability of FINRA
staff to conduct its work and could lead to the imposition of sanctions
on the custodian. Further, without access to the books and records of a
former firm, customers who bring a claim against the firm may be
limited in their ability to obtain restitution. Finally, FINRA and
other regulators may be more limited in their ability to pursue a
disciplinary action against the former firm or an associated person of
the firm, possibly increasing risk to investors generally. By
clarifying custodians' obligations, the proposed rule change aims to
improve custodians' understanding of the time and monetary commitment
and the potential sanctions that could be imposed on them should they
not comply with their obligations.
    Further, FINRA has come across instances where the custodian was
unaware that they were named as the custodian of a former firm's books
and records and did not have access to them. By requiring the
custodian's affirmative consent and representation to FINRA, the
proposed rule change would eliminate such situations. Similar to the
benefits associated with clarifying the obligations of custodians, the
custodian's consent and representation to FINRA would also increase the
likelihood that a former firm's books and records would be properly
retained and accessible.
Costs
    The costs associated with the proposed rule change would likely
depend on whether the designated custodian is an associated person or
another member. The proposed rule change would give a firm that is
filing a Form BDW the additional option of designating another member,
rather than

an associated person, as its custodian. Therefore, the expansion of the
categories of eligible custodians should impose no new burdens on firms
that continue to designate associated persons as their custodians.
Introducing firms that designate their clearing firms as custodians,
subject to their consent, may incur additional costs associated with
clearing services.
    Firms that designate members as their custodians, subject to their
consent, may incur costs associated with record-keeping services
provided by such members. For instance, a member that agrees to act as
custodian is likely to incur operational and technology costs
associated with integrating the former member's books and records into
its record-keeping systems. Moreover, the proposed rule change could
result in a change in how custodianship of books and records by firms
leaving the industry is paid for and managed. For instance, clearing
firms might adapt their business models to integrate the costs of
custodial services into clearing agreements at the outset of the
clearing relationship. This would potentially lead to an industry-wide
increase in the costs of clearing agreements, regardless of any
custodial undertaking by the clearing firms. However, considering the
small number of firms that file Form BDW per year, FINRA believes that
this is a low probability outcome.\13\ Further, the competitive
dynamics of procuring clearing services may preclude this outcome, as
firms that raise their fees may lose clients.
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    \13\ On average, 220 firms have filed a Form BDW each year over
the last five years. This represents about five percent of all
active firms.
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    The clarification of a custodian's obligations does not add any new
direct burdens, but it could make it harder for firms to identify a
custodian willing to agree to the obligations. Likewise, the
affirmative consent requirement and the requirement to provide a
representation to FINRA may make it more difficult for firms to find a
willing custodian. However, given the importance to FINRA and investors
of proper custody of books and records, FINRA believes that these
additional burdens are warranted.
Alternatives Considered
    FINRA considered whether to amend Rule 4570 to require a firm that
is going out of business to be only able to designate another member as
its custodian. While such a requirement would further enhance FINRA's
ability to obtain the books and records of former firms, FINRA
determined that a firm that is leaving the industry and that is
experiencing financial or operational difficulties may find it
difficult to find another member that is willing to act as custodian.
Further, FINRA continues to evaluate the viability that FINRA make
itself available as an alternative custodian for members' records after
withdrawal.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve or disapprove such proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-FINRA-2018-039 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to File Number SR-FINRA-2018-039. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10 a.m. and 3
p.m. Copies of such filing also will be available for inspection and
copying at the principal office of FINRA. All comments received will be
posted without change.
    Persons submitting comments are cautioned that we do not redact or
edit personal identifying information from comment submissions. You
should submit only information that you wish to make available
publicly. All submissions should refer to File Number SR-FINRA-2018-039
and should be submitted on or before December 21, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-26000 Filed 11-29-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 127 (Tuesday, July 2, 2013)]
[Notices]
[Pages 39719-39720]
[FR Doc No: 2013-15858]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[ Docket No. CP13-498-000]

Eastern Shore Natural Gas Company; Notice of Application

    Take notice that on June 13, 2013, Eastern Shore Natural Gas
Company (Eastern Shore) filed with the Federal Energy Regulatory
Commission an application under section 7(c) of the Natural Gas Act to
construct, and operate its White Oak Lateral Project (Project) located
in Kent County, Delaware. The project consists of installing
approximately 5.5 miles of 16-inch diameter pipeline, metering
facilities and miscellaneous appurtenances extending from Eastern
Shore's mainline system near its North Dover City Gate Station and
extends to the Garrison Oak Technical Park, all located in Dover,
Delaware. This project is designed to provide 55,200 dekatherms per day
of delivery lateral firm transportation service for Calpine Energy
Services, L.P. The total cost of the project is estimated to be
approximately $11,200,000, all as more fully set forth in the
application which is on file with the Commission and open to public
inspection. This filing is available for review at the Commission in
the Public Reference Room or may be viewed on the Commission's Web site
at http://www.ferc.gov using the ``eLibrary'' link. Enter the docket
number excluding the last three digits in the docket number field to
access the document. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659.
    Any questions regarding the application should be directed to
William Rice, King & Spalding LLP, 1700 Pennsylvania Avenue NW., Suite
200, Washington, DC 20006, by phone<PHONE_NUMBER>, by fax<PHONE_NUMBER>,
or by email<EMAIL_ADDRESS>    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below file with the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit seven copies of filings made in the proceeding with the
Commission and must mail a copy to the applicant and to every other
party. Only parties to the proceeding can ask for court review of
Commission orders in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project

provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commentors will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commentors will not be required to serve copies of filed
documents on all other parties. However, the non-party commentors will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically should
submit an original and seven copies of the protest or intervention to
the Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426.
    Comment Date: July 17, 2013.

    Dated: June 26, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-15858 Filed 7-1-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 68 (Monday, April 12, 2021)]
[Rules and Regulations]
[Pages 18890-18895]
[FR Doc No: 2021-07432]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2020-0823; Airspace Docket No. 20-AAL-49]
RIN 2120-AA66

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: Final rule.

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SUMMARY: This action amends 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 corrects that error by removing terminal
airspace, airspace associated with geographic coordinates, and airspace
associated with NAVAIDs from the Offshore Airspace legal descriptions.

DATES: Effective date 0901 UTC, June 17, 2021. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order 7400.11 and
publication of conforming amendments.

ADDRESSES: 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:<PHONE_NUMBER>. 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_ADDRESS>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 correct the Offshore Airspace legal descriptions
as necessary to preserve the safe and efficient flow of air traffic
within the National Airspace System.

History

    The FAA published a notice of proposed rulemaking for Docket No.
FAA-2020-0823 in the Federal Register (85 FR 59220; September 21, 2020)
reversing the final rule for Docket No. FAA-2006-25852 in the Federal
Register (72 FR 31714; June 8, 2007; as corrected 72 FR 37430, July 10,
2007) that amended the offshore airspace areas, including: 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[deg]. The FAA found this interpretation to be in error, as the
exclusion only pertains to the area West of Longitude 160[deg] for the
Alaskan Peninsula. The Alaskan Peninsula does not include the Aleutian
Islands, nor preclude the establishment of airspace under CFR 71.71(c).
Additionally, this final rule corrects the final rule for Docket No.
FAA-2006-26164 in the Federal Register (72 FR 5611; February 7, 2007)
that revoked 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 (NM) of a coastline of the United States (U.S.). This
action corrects these errors. Interested parties were invited to
participate in this rulemaking effort by submitting written comments on
the

proposal. No significant comments were received.
    Offshore Airspace Areas are published in 6007, and Class E Airspace
Areas Designated as Surface Areas, and Class E Airspace Areas Extending
Upward from 700 feet or More Above the Surface of the Earth, are
published in paragraph 6002 and 6005, of FAA Order 7400.11E dated July
21, 2020, and effective September 15, 2020, which is incorporated by
reference in 14 CFR 71.1. The Offshore Airspace Areas, Class E Airspace
Areas Designated as Surface Areas, and Class E Airspace Areas Extending
Upward from 700 feet or More Above the Surface of the Earth listed in
this document will be subsequently published in the Order.

Differences From the NPRM

    In the NPRM published in the Federal Register (85 FR 59220;
September 21, 2020) proposal and amendment sections, the FAA proposed a
technical amendment to 33 terminal facilities, five navigational aids
(NAVAIDS), and three sets of geographic coordinate assigned airspace in
the Offshore Airspace areas legal descriptions contained in FAA Order
7400.11 Section 6007, 6002, and 6005. After further review, the FAA
identified that 10 facilities (Chevak, AK; Chignik, AK; King Salmon,
AK; Kodiak, AK; Manokotak, AK; Nome, AK; Perryville, AK; Shaktoolik,
AK; St. Michael, AK; and Tooksook Bay, AK) and five navigation aids
(Biorka Island, AK; Glacier River, AK; Middleton Island, AK; Nome, AK;
and Kotzebue, AK) contained language in the legal description excluding
airspace beyond 12 NM from the coastline. The FAA determined that Air
Traffic Facilities are using Terminal Arrival Areas (TAA) for most of
the approaches associated with these locations. These TAAs cover 30 NM
from an established waypoint and extend into offshore airspace beyond
12 NM from the coastline. If the exclusionary language were allowed to
take effect, these areas would be without controlled airspace. In
addition, some of these locations are further constrained because the
airspace beyond 12 NM provides airspace for Missed Approach holding and
vectoring of aircraft from an airway to the Initial Approach Fix and
the terminal environment. The FAA determined that these locations
should be retained in the associated Offshore Airspace Areas to provide
the airspace needed for these operations until an airspace review can
be conducted and these procedures safely be brought into compliance,
while maintaining the required controlled airspace. This rule corrects
this error in the Rule section.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11E, Airspace Designations and
Reporting Points, dated July 21, 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.

The Rule

    This action amends 14 CFR part 71 by amending the technical
language contained in the legal descriptions for the Norton Sound Low,
Woody Island Low, Control 1234L, and Control 1487L Offshore Airspace
areas by removing the terminal facilities, NAVAIDS, and geographic
coordinate assigned airspace contained in FAA Order 7400.11. The
vertical and lateral boundaries will remain as published.
    Additionally, the FAA defines the legal descriptions of the
terminal facilities in section 6002 and 6005 in FAA Order 7400.11. The
Airspace actions are described below.
    Shemya, AK: Shemya is currently published in Control 1234L as
Eareckson AS. This action removes Eareckson AS description from Control
1234L legal description and adds it to section 6005 in FAA Order
7400.11, labeled under the correct identifier as Shemya, AK. The action
will retain the same legal description for the Class E5 airspace.
    Adak, AK: Adak, AK is currently published in the Control 1234L
legal description. This action removes the Class E legal description
from Control 1234L and relocates it to section 6005 with no change to
the boundaries.
    Atka, AK: Atka, AK is currently published in the Control 1234L
legal description. This action removes the Atka, AK Class E legal
description from Control 1234L and relocates it in section 6005 with no
change to the boundaries.
    Cold Bay, AK: Cold Bay, AK is currently published in the Control
1234L legal description. This action removes the Cold Bay Class E2 and
E5 legal descriptions from Control 1234L and relocates them to sections
6002 and 6005 with no changes to the boundaries.
    Nikoloski, AK: Nikoloski, AK is currently published in the Control
1234L legal description. This action removes the Nikoloski, AK Class E
legal description from Control 1234L and relocates it to section 6005
with no change to the boundaries.
    Manokotak, AK: Manokotak, AK is currently published in the Norton
Sound Low, and Control 1234L legal descriptions. It is also published
in section 6005 twice, and one contains inaccurate information in the
legal description. This action removes the duplicate and inaccurate
legal description and amends the text header to remove the word New
from Manokotak/New Airport and reflects the proper airport
identification.
    Clarks Point, AK: Clarks Point, AK is currently published in the
Norton Sound Low, and Control 1234L legal descriptions. This action
removes the Clarks Point, AK Class E legal description from the Norton
Sound Low and Control 1234L and retains it to section 6005 with no
change to the boundaries.
    Port Heiden, AK: Port Heiden, AK is currently published in the
Norton Sound Low, Woody Island Low, and Control 1234L legal
description. This action removes the Port Heiden, AK Class E legal
description from Norton Sound Low, Woody Island Low, and Control 1234L
and retains it to section 6005 with no change to the boundaries.
    St. George, AK: St. George, AK is currently published in the
Control 1234L legal description. This action removes the St. George, AK
Class E legal description from Control 1234L and relocates it to
section 6005 with no change to the boundaries.
    St. Paul Island, AK: St. Paul Island, AK is currently published in
the Control 1234L legal description. This action removes the St. Paul
Island Class E legal description from Control 1234L and relocates it to
section 6005 with no change to the boundaries.
    Unalaska, AK: Unalaska, AK is currently published in the Control
1234L legal description. This action removes the Unalaska Class E legal
description from Control 1234L and relocates it to section 6005 with an
administrative change correcting the word ``bearing'' to ``radial'' and
adding the reference for the Dutch Harbor Non-directional Beacon (NDB),
AK. The rest of the airspace legal description remains unchanged.
    Sand Point, AK: Sand Point, AK is currently published in the
Control 1234L legal description. This action removes the Sand Point
Class E legal description from Control 1234L and relocates it to
section 6005 with administrative changes correcting ``either'' to
``each'', ``mail'' to ``mile'', and adding the reference to Borland
NDB/Distance Measuring Equipment (DME). The rest of the legal
description remains unchanged.
    King Cove, AK: King Cove, AK is currently published in the Control
1234L legal description. This action

removes the King Cove Class E legal description from Control 1234L and
relocates it to section 6005 with an administrative correction,
changing ``either'' to ``each'', with no change to the boundaries.
    Nelson Lagoon, AK: Nelson Lagoon, AK is currently published in the
Control 1234L legal description. This action removes the Nelson Lagoon
Class E legal description from Control 1234L and relocates it to
section 6005 with no change to the boundaries.
    Elim, AK: Elim, AK is currently published in the Norton Sound Low
legal description. This action removes the Elim, Class E legal
description from the Norton Sound Low and relocates it to section 6005
with no change to the boundaries.
    Hooper Bay, AK: Hooper Bay, AK is currently published in the Norton
Sound Low legal description. This action removes the Hooper Bay Class E
legal description from Norton Sound Low and relocates it to section
6005 with no change to the boundaries.
    Kivalina, AK: Kivalina, AK is currently published in the Norton
Sound Low legal description. This action removes the Kivalina Class E
legal description from Norton Sound Low and corrects the legal
description contained in section 6005, replacing the word either to
each, removing the duplicate name header in line two, with no changes
to the boundaries.
    Kwethluk, AK: Kwethluk, AK is currently published in the Norton
Sound Low legal description. This action removes the Kwethluk Class E
legal description from Norton Sound Low and corrects the legal
description located in section 6005 with an administrative change,
removing the duplicate name header in line two, with no change to the
boundaries.
    Napakiak, AK: Napakiak, AK is currently published in the Norton
Sound Low legal description. This action removes the Napakiak Class E
legal description from Norton Sound Low and corrects the legal
description located in section 6005 with an administrative change,
correcting duplicate name in heading line two with no change to the
boundaries.
    New Stuyahok, AK: New Stuyahok, AK is currently published in the
Norton Sound Low legal description. This action removes the New
Stuyahok Class E legal description from Norton Sound Low and corrects
the legal description contained in section 6005 with an administrative
change, removing the duplicate name in heading line two with no change
to the boundaries.
    Noatak, AK: Noatak, AK is currently published in the Norton Sound
Low legal description. This action removes the Noatak Class E legal
description from Norton Sound Low and retains it in section 6005 with
no change to the boundaries.
    Red Dog, AK: Red Dog, AK is currently published in the Norton Sound
Low legal description. This action removes the Red Dog Class E legal
description from Norton Sound Low and corrects the legal description
contained in section 6005 with an administrative change correcting the
word ``either'' to ``each'' with no change to the boundaries.
    Scammon Bay, AK: Scammon Bay, AK is currently published in the
Norton Sound Low legal description. This action removes the Scammon Bay
Class E legal description from Norton Sound Low and corrects the legal
description located in section 6005 with an administrative change
correcting the word ``either'' to ``each'' with no change to the
boundaries.
    Selawik, AK: Selawik, AK is currently published in the Norton Sound
Low legal description. This action removes the Selawik Class E legal
description from Norton Sound Low and corrects the legal description
located in section 6005 with an administrative change removing the
duplicate name in heading line two with no change to the boundaries.
    Homer, AK: Homer, AK is currently published in the Control 1487L
legal description. This action removes the Homer Class E legal
description from Control 1487L and retains the legal description
located in section 6005 with an administrative change correcting the
word ``either'' to ``each'' with no change to the boundaries.
    Anchorage, AK: Anchorage, AK is currently published in the Control
1487L legal description. This action removes the Anchorage Class E from
Control 1487L and retains the legal description in section 6005 with no
change to the boundaries.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Regulatory Notices and Analyses

    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.
It, therefore: (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 only affects air traffic procedures
and air navigation, it is certified that this rule, when promulgated,
does not have a significant economic impact on a substantial number of
small entities under the criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this airspace action of amending legal
descriptions for certain Offshore Airspace Areas in Alaska to separate
Terminal Airspace Areas from Norton Sound Low, Woody Island Low,
Control 1234L, and Control 1487L Offshore Airspace Areas; Alaska
qualifies for categorical exclusion under the National Environmental
Policy Act (42 U.S.C. 4321 et seq) and its implementing regulations at
40 CFR part 1500, and in accordance with FAA Order 1050.1F,
Environmental Impacts: Policies and Procedures, paragraph 5-6.5a, which
categorically excludes from further environmental impact review
rulemaking actions that designate or modify classes of airspace areas,
airways, routes, and reporting points (see 14 CFR part 71, Designation
of Class A, B, C, D, and E Airspace Areas; Air Traffic Service Routes;
and Reporting Points). As such, this action is not expected to result
in any potentially significant environmental impacts. In accordance
with FAA Order 1050.1F, paragraph 5-2 regarding Extraordinary
Circumstances, the FAA has reviewed this action for factors and
circumstances in which a normally categorically excluded action may
have a significant environmental impact requiring further analysis. The
FAA has determined that no extraordinary circumstances exist that
warrant preparation of an environmental assessment or environmental
impact study.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Amendment

    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(f), 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 7400.11E,
Airspace Designations and Reporting Points, dated July 21, 2020 and
effective September 15, 2020, is amended as follows:

Paragraph 6007--Offshore Airspace Areas.
* * * * *

Control 1234L, AK [Amended]

    That airspace extending upward from 2,000 feet above the surface
within an area bounded by a line beginning at lat. 58[deg]06'57'' N,
long. 160[deg]00'00'' W, then south along 160[deg]00'00'' W
longitude, until it intersects the Anchorage Air Route Traffic
Control Center (ARTCC) boundary; then southwest, northwest, north,
and northeast along the Anchorage ARTCC boundary to lat.
62[deg]35'00'' N, long. 175[deg]00'00'' W, to lat. 59[deg]59'57'' N,
long. 168[deg]00'08'' W, to lat. 57[deg]45'57'' N, long.
161[deg]46'08'' W, to the point of beginning.
* * * * *

Norton Sound Low, AK [Amended]

    That airspace extending upward from 14,500 feet MSL within an
area bounded by a line beginning at lat. 56[deg]42'59'' N, long.
160[deg]00'00'' W, then north along a line 12 miles from and
parallel to the U.S. coastline to the intersection with
164[deg]00'00'' W, longitude near the outlet to Kotzebue Sound, then
north to the intersection with a point 12 miles from the U.S.
coastline, then north along a line 12 miles from and parallel to the
shoreline to lat. 68[deg]00'00'' N, long. 168[deg]58'23'' W, to lat.
65[deg]00'00'' N, long. 168[deg]58'23'' W, to lat. 62[deg]35'00'' N,
long. 175[deg]00'00'' W, to lat. 59[deg]59'57'' N, long.
168[deg]00'08'' W, to lat. 57[deg]45'57'' N, long. 161[deg]46'08''
W, to lat. 58[deg]06'57'' N, long. 160[deg]00'00'' W, to the point
of beginning; and that airspace extending upward from 1,200 feet MSL
north of the Alaska Peninsula and east of 160[deg] W longitude
within an 81.2-mile radius of the Perryville Airport, AK, and north
of the Alaska Peninsula and east of 160[deg] W longitude and within
a 35-mile radius of lat. 60[deg]21'17'' N, long. 165[deg]04'01'' W,
and within a 73-mile radius of the Chevak Airport, AK, and within a
73-mile radius of the King Salmon Airport, AK, and within a 74-mile
radius of the Kotzebue VOR/DME, AK, and within a 74-mile radius of
the Manokotak Airport, AK, and within a 77.4-mile radius of the Nome
VORTAC, AK, and within a 73-mile radius of the Shaktoolik Airport,
AK, and within a 73-mile radius of the St. Michael Airport, AK, and
within a 73-mile radius of the Toksook Bay Airport, AK.
* * * * *

Woody Island Low, AK [Amended]

    That airspace extending upward from 14,500 feet MSL within the
area bounded by a line beginning at lat. 53[deg]30'00'' N, long.
160[deg]00'00'' W, to lat. 56[deg]00'00'' N, long. 153[deg]00'00''
W, to lat. 56[deg]45'42'' N, long. 151[deg]45'00'' W, to lat.
58[deg]19'58'' N, long. 148[deg]55'07'' W, to lat. 59[deg]08'34'' N,
long. 147[deg]16'06'' W, then clockwise via the 149.5-mile radius
from the Anchorage VOR/DME, AK, to the intersection with a point 12
miles from and parallel to the U.S. coastline, then southwest by a
line 12 miles from and parallel to the U.S. coastline to the
intersection with 160[deg]00'00'' W longitude, to the point of
beginning; and that airspace extending upward from 1,200 feet MSL,
extending south and east of the Alaska Peninsula within a 72.8-mile
radius of Chignik Airport, AK, and outside (south) of the 149.5-mile
radius of the Anchorage VOR/DME, AK, and within a 42-mile radius of
the Middleton Island VOR/DME, AK, and south and east of the Alaska
Peninsula within an 81.2-mile radius of Perryville Airport, AK.
* * * * *

Control 1487L [Amended]

    That airspace extending upward from 8,000 feet MSL within 149.5
miles of the Anchorage VOR/DME clockwise from the 090[deg] radial to
the 185[deg] radial of the Anchorage VOR/DME, AK; and that airspace
extending upward from 5,500 feet MSL within the area bounded by a
line beginning at lat. 58[deg]19'58'' N, long. 148[deg]55'07'' W; to
lat. 59[deg]08'34'' N, long. 147[deg]16'06'' W; thence
counterclockwise via the 149.5-mile radius of the Anchorage VOR/DME,
AK, to the intersection with a point 12 miles from and parallel to
the U.S. coastline; thence southeast 12 miles from and parallel to
the U.S. coastline to a point 12 miles offshore on the Vancouver FIR
boundary; to lat. 54[deg]32'57'' N, long. 133[deg]11'29'' W; to lat.
54[deg]00'00'' N, long. 136[deg]00'00'' W; to lat. 52[deg]43'00'' N,
long. 135[deg]00'00'' W; to lat. 56[deg]45'42'' N, long.
151[deg]45'00'' W; to the point of beginning; and that airspace
extending upward from 1,200 feet MSL within the area bounded by a
line beginning at lat. 59[deg]33'25'' N, long. 141[deg]03'22'' W;
thence southeast 12 miles from and parallel to the U.S. coastline to
lat. 58[deg]56'18'' N, long. 138[deg]45'19'' W; to lat.
58[deg]40'00'' N, long. 139[deg]30'00'' W; to lat. 59[deg]00'00'' N,
long. 141[deg]10'00'' W; to the point of beginning, and within an
85-mile radius of the Biorka Island VORTAC, AK, and within a 42-mile
radius of the Middleton Island VOR/DME, AK, and within a 30-mile
radius of the Glacier River NDB, AK, and within a 149.5-mile radius
of the Anchorage VOR/DME, AK and within a 73-mile radius of the
Kodiak Airport, AK; and that airspace extending upward from 700 feet
MSL within 14 miles of the Biorka Island VORTAC, AK, and within 4
miles west and 8 miles east of the Biorka Island VORTAC 209[deg]
radial extending to 16 miles southwest of the Biorka Island VORTAC,
AK.
* * * * *

Paragraph 6002--Class E Airspace Areas Designated as Surface Areas.

* * * * *

AAL AK E2 Cold Bay, AK [New]

Cold Bay, AK
    (Lat. 55[deg]12'21'' N, long. 162[deg]43'35'' W)

    That airspace extending upward from the surface within a 4.6-
mile radius of Cold Bay Airport, AK, and within 1.7 miles each side
of the 150[deg] bearing from the airport, extending from the 4.6-
mile radius to 7.7 miles southeast and within 3 miles west and 4
miles east of the 335[deg] bearing from the airport extending from
the 4.6-mile radius to 12.2 miles northwest.
* * * * *

Paragraph 6005--Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

AAL AK E5 Shemya, AK [New]

Eareckson AS, AK
    (52[deg]42'44'' N, long. 174[deg]06'49'' E)

    That airspace extending upward from 700 feet above the surface
within a 6.9-mile radius of Eareckson Air Station, AK and that
airspace extending upward from 1,200 feet above the surface within a
26.2-mile radius of Eareckson Air Station, AK.
* * * * *

AAL AK E5 Adak, AK [New]

Adak Airport, AK
    (Lat. 51[deg]53'01'' N, long. 176[deg]38'33'' W)
Mount Moffett NDB/DME
    (Lat. 51[deg]52'19'' N, long. 176[deg]40'334'' W)

    That airspace extending upward from 700 feet above the surface
within a 7-mile radius of Adak Airport, AK and within 5.2 miles
northwest and 4.2 miles southeast of the 061[deg] radial from the
Mount Moffett NDB/DME extending from the 7-mile radius to 11.5 miles
northeast and that airspace extending upward from 1,200 feet above
the surface within an 11-mile radius of Adak Airport, AK and within
16 miles of Adak Airport extending clockwise from the 033[deg]
radial to the 081[deg] radial from the Mount Moffett NDB/DME.
* * * * *

AAL AK E5 Atka, AK [New]

Atka Airport, AK
    (Lat. 52[deg]13'14'' N, long. 174[deg]12'22'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of the Atka Airport, AK and that airspace
extending upward from 1,200 feet above the surface within a 10-mile
radius of Atka Airport, AK.
* * * * *

AAL AK E5 Cold Bay, AK [New]

Cold Bay, AK
    (Lat. 55[deg]12'21'' N, long. 162[deg]43'35'' W)

    That airspace extending upward from 1,200 feet above the surface
within a 10.6-mile radius of Cold Bay Airport, AK, and within 9
miles east and 4.3 miles west of the 321[deg] bearing from the
Airport extending from the 10.6-mile radius to 20 miles northwest,
and that airspace 4 miles each side of the 070[deg] bearing from
Cold Bay Airport, AK, extending from the 10.6-mile radius to 13.6
miles northeast,
* * * * *

AAL AK E5 Nikolski, AK [New]

Nikolski AS, AK
    (Lat. 52[deg]56'30'' N, long. 168[deg]50'57'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.3-mile

radius of the Nikolski AS, AK and that airspace extending upward
from 1,200 feet above the surface within a 73-mile radius of the
Nikolski AS, AK.
* * * * *

AAL AK E5 Manokotak, AK [Removed]

* * * * *

AAL AK E5 Manakotak, AK [Amended]

Manakotak Airport, AK
    (Lat. 58[deg]55'55'' N, long. 158[deg]54'07'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of Manokotak Airport, AK; and that airspace
extending upward from 1,200 feet above the surface within a 74-mile
radius of Manokotak Airport, AK, excluding that airspace extending
beyond 12 miles of the shoreline.
* * * * *

AAL AK E5 St. George, AK [New]

St. George Airport, AK
    (Lat. 56[deg]34'39'' N, long. 169[deg]39'49'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.6-mile radius of the St. George Airport, AK and that
airspace extending upward from 1,200 feet above the surface within a
10-mile radius of St. George Airport, AK.
* * * * *

AAL AK E5 St. Paul Island, AK [New]

St. Paul Island, Airport, AK
    (Lat. 57[deg]09'59'' N, long. 170[deg]13'21'' W)

    That airspace extending upward from 700 feet above the surface
within an 8-mile radius of St. Paul Island Airport, AK, and 8 miles
west and 6 miles east of the 360[deg] bearing from St. Paul Island
Airport, AK, to 14 miles north of St. Paul Island Airport, AK, and
within 6 miles west and 8 miles east of the 172[deg] bearing from
St. Paul Island Airport, AK, to 15 miles south of St. Paul Island
Airport, AK, and that airspace extending upward from 1,200 feet
above the surface within a 73-mile radius of St. Paul Island
Airport, AK.
* * * * *

AAL AK E5 Unalaska, AK [New]

Unalaska Airport, AK
    (Lat. 53[deg]53'56'' N, long. 166[deg]32'42'' W)

Dutch Harbor NDB
    (Lat. 53[deg]54'19'' N, long. 166[deg]32'52'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of the Unalaska Airport, AK and within 2.9
miles each side of the 360[deg] radial from the Dutch Harbor NDB,
AK, extending from the 6.4-mile radius of Unalaska Airport, AK, to
9.5 miles north of Unalaska Airport, AK; and that airspace extending
upward from 1,200 feet above the surface within a 20-mile radius of
Unalaska Airport, AK, extending clockwise from the 305[deg] radial
from the Dutch Harbor NDB, AK, to the 075[deg] radial from the Dutch
Harbor NDB, AK,
* * * * *

AAL AK E5 Sand Point, AK [New]

Sand Point Airport, AK
    (Lat. 55[deg]18'49'' N, long. 160[deg]31'17'' W)

Borland NDB/DME
    (Lat. 55[deg]18'56'' N, long. 160[deg]31'6'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of Sand Point Airport, AK and within 3
miles each side of the 172[deg] radial from the Borland NDB/DME, AK,
extending from the 6.4-mile radius of Sand Point Airport, AK, to
13.9 miles south of Sand Point Airport, AK and within 5 miles each
side of the 318[deg] radial from the Borland NDB/DME, AK, extending
from the 6.4-mile radius of Sand Point Airport, AK, to 17 miles
northwest of Sand Point Airport, AK and within 5 miles either side
of the 324[deg] radial from the Borland NDB/DME, AK, extending from
the 6.4-mile radius of Sand Point Airport, AK, to 17 miles northwest
of the Sand Point Airport, AK, and that airspace extending upward
from 1,200 feet above the surface and west of 160[deg] W. longitude
within a 25-mile radius of the Borland NDB/DME, AK.
* * * * *

AAL AK E5 King Cove, AK [New]

King Cove Airport, AK
    (Lat. 55[deg]06'59'' N, long. 162[deg]15'58'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of King Cove Airport, and extending 1.2
miles each side of the 103[deg] bearing from King Cove Airport from
the 6.5-mile radius out to 8.8 miles.
* * * * *

AAL AK E5 Nelson Lagoon, AK [New]

Nelson Lagoon Airport, AK
    (Lat. 56[deg]0'27'' N, long. 161[deg]9'37'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.3-mile radius of Nelson Lagoon Airport, AK.
* * * * *

AAL AK E5 Kivalina, AK [Amended]

Kivalina Airport, AK
    (Lat. 67[deg]44'10'' N, long. 164[deg]33'49'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of the Kivalina Airport, AK, and 3.9 miles
each side of the 317[deg] bearing from the Kivalina Airport, AK,
extending from the 6.5-mile radius to 11.1 miles northwest of the
Kivalina Airport, AK; and that airspace extending upward from 1,200
feet above the surface within a 73-mile radius of the Kivalina
Airport, AK.
* * * * *

AAL AK E5 Kwethluk, AK [Amended]

Kwethluk Airport, AK
    (Lat. 60[deg]47'25' N, long. 161[deg]26'37'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.3-mile radius of the Kwethluk Airport, AK; and that
airspace extending upward from 1,200 feet above the surface within a
73-mile radius of the Kwethluk Airport, AK.
* * * * *

AAL AK E5 Napakiak, AK [Amended]

Napakiak Airport, AK
    (Lat. 60[deg]41'25'' N, long. 161[deg]58'43'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.3-mile radius of the Napakiak Airport, AK; and that
airspace extending upward from 1,200 feet above the surface within
an 84-mile radius of the Napakiak Airport, AK.
* * * * *

AAL AK E5 New Stuyahok, AK [Amended]

New Stuyahok Airport, AK
    (Lat. 59[deg]27'06'' N, long. 157[deg]22'23'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.9-mile radius of the New Stuyahok Airport; and that
airspace extending upward from 1,200 feet above the surface within a
71-mile radius of the New Stuyahok Airport.
* * * * *

AAL AK E5 Red Dog, AK [Amended]

Red Dog, AK
    (Lat. 68[deg]01'56'' N, Long. 162[deg]53'57'' W)

    That airspace extending upward from 700 feet above the surface
within an 11-mile radius of the Red Dog Airport, AK, and within 4
miles each side of the 219[deg] bearing from the Red Dog Airport,
AK, extending from the 11-mile radius to 14.5 miles southwest of the
Red Dog Airport, AK; and that airspace extending upward from 1,200
feet above the surface within a 72.5-mile radius of the Red Dog
Airport, AK.
* * * * *

AAL AK E5 Scammon Bay, AK [Amended]

Scammon Bay Airport, AK
    (Lat. 61[deg]50'40'' N, long. 165[deg]34'25'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.3-mile radius of Scammon Bay Airport, and within 4 miles
each side of the 099[deg] bearing of Scammon Bay Airport extending
from the 6.3-mile radius to 11 miles east of the airport; that
airspace extending upward from 1,200 feet above the surface with a
73-mile radius of Scammon Bay Airport, AK.
* * * * *

AAL AK E5 Selawik, AK [Amended]

Selawik Airport, AK
    (Lat. 66[deg]36'01'' N, long. 159[deg]59'09'' W)

    That airspace extending upward from 700 feet above the surface
within a 7.3-mile radius of the Selawik Airport; and that airspace
extending upward from 1,200 feet above the surface within a 74-mile
radius of the Selawik Airport.
* * * * *

AAL AK E5 Homer, AK [Amended]

Homer Airport, AK
    (Lat. 59[deg]38'44'' N, long. 151[deg]28'36'' W)

Kachemak NDB
    (Lat. 59[deg]38'29''N, long. 151[deg]30'01'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.7-mile radius of the Homer Airport, AK, and within 4
miles each side of the 055[deg] bearing from the Homer Airport, AK,
to 12-miles northeast of the Homer Airport, AK, and within 8-miles
north and 4.2-miles south of the Kachemak NDB 235[deg] bearing
extending from the Kachemak NDB to 16 miles southwest of the
Kachemak NDB; and that airspace extending upward from 1,200 feet
above the surface

within a 73-mile radius of the Homer Airport, AK.
* * * * *

    Issued in Washington, DC, on April 7, 2021.
George Gonzalez,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2021-07432 Filed 4-9-21; 8:45 am]
BILLING CODE 4910-13-P