
[Federal Register: July 30, 2008 (Volume 73, Number 147)]
[Proposed Rules]               
[Page 44201-44204]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30jy08-29]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2007-28391; Airspace Docket No. 07-AAL-10]
RIN 2120-AA66

 
Proposed Modification of the Norton Sound Low, Woody Island Low, 
Control 1234L and Control 1487L Offshore Airspace Areas; AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend the Norton Sound Low, Woody 
Island Low, Control 1234L, and Control 1487L Offshore Airspace Areas in 
Alaska. This action would modify these areas by lowering the airspace 
floors to provide additional controlled airspace for aircraft 
instrument flight rule (IFR) operations at Alaska airports.

[[Page 44202]]


DATES: Comments must be received on or before September 15, 2008.

ADDRESSES: Send comments on this proposal to the U.S. Department of 
Transportation, Docket Operations, M-30, 1200 New Jersey Avenue, SE., 
West Building Ground Floor, Room W12-140, Washington, DC 20590-0001; 
telephone: (202) 366-9826. You must identify the docket number FAA-
2007-28391 and Airspace Docket No. 07-AAL-10, at the beginning of your 
comments. You may also submit comments on the Internet at http://
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Ken McElroy, Airspace and Rules Group, 
Office of System Operations Airspace and AIM, Federal Aviation 
Administration, 800 Independence Avenue, SW., Washington, DC 20591; 
telephone: (202) 267-8783.

SUPPLEMENTARY INFORMATION:

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-2007-28391 and Airspace Docket No. 07-AAL-10) 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 http://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-2007-28391 and Airspace Docket No. 07-AAL-10.'' 
The postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date 
for comments 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 closing date 
for comments. 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 http://www.regulations.gov. Recently published rulemaking 
documents can also be accessed through the FAA's Web page at http://
www.faa.gov or the Federal Register's Web page at http://
www.gpoaccess.gov/fr/index.html.
    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 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. An 
informal docket may also be examined during normal business hours at 
the office of the Regional Air Traffic Division, Federal Aviation 
Administration, Alaska Flight Service Operations, 222 West 7th Avenue, 
Box 14, Anchorage, AK 99513-7587.
    Persons interested in being placed on a mailing list for future 
NPRMs should contact the FAA's Office of Rulemaking, (202) 267-9677, 
for a copy of Advisory Circular No. 11-2A, Notice of Proposed 
Rulemaking Distribution System, which describes the application 
procedure.

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 in 
Alaska.
    The Norton Sound Low Offshore Airspace Area would be modified by 
lowering the offshore airspace floor to 1,200 feet mean sea level (MSL) 
at the following airports: Within 78 miles of Buckland; within 73 miles 
of Chevak; within 74 miles of Kotzebue; within 73 miles of Noatak; 
within 74 miles of Selawik; and within 73 miles of Port Heiden. Also, 
the Norton Sound Low Offshore Airspace area would be lowered to 700 
feet MSL at Port Heiden Airport.
    The Woody Island Low Offshore Airspace Area would be modified in 
the vicinity of the Kodiak, Middleton Island and Port Heiden Airports 
by lowering the offshore airspace floor to 1,200 feet MSL within 73 
miles of Kodiak and Port Heiden Airports, and within 42 miles of the 
Middleton Island Airport.
    Additionally, the Control 1234L Offshore Airspace area would be 
modified by lowering the offshore airspace floor to 700 feet above the 
surface within 6.3 miles, and 1,200 feet above the surface within 45 
miles, of Nikolski Airport; and within 1,200 feet above the surface 
within 73 miles of Port Heiden Airport.
    Finally, this action would modify the Control 1487L Offshore 
Airspace Area by lowering the offshore airspace floor to 1,200 feet MSL 
within 73 miles of Kodiak Airport, and corrects an error in one 
coordinate adjoining the Woody Island Low Control Area. This correction 
will align the adjoining airspaces.
    Offshore airspace areas are published in paragraph 6007 of FAA 
Order 7400.9R, signed August 15, 2007, and effective September 15, 
2007, which is incorporated by reference in 14 CFR 71.1. The offshore 
airspace areas listed in this document will be published subsequently 
in the Order.
    The FAA has determined that this proposed regulation only involves 
an established body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current. 
Therefore, this proposed regulation: (1) Is not a ``significant 
regulatory action'' under Executive Order 12866; (2) is not a 
``significant rule'' under Department of Transportation (DOT) 
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); 
and (3) does not warrant preparation of a regulatory evaluation as the 
anticipated impact is so minimal. Since this is a routine matter that 
will only affect air traffic procedures and air navigation, it is 
certified that this proposed rule, when promulgated, will not have a 
significant economic impact on a substantial number of small entities 
under the criteria of the Regulatory Flexibility Act.
    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 modifies offshore airspace areas in Alaska.

ICAO Considerations

    As part of this proposal relates to navigable airspace outside the 
United States, this notice is submitted in accordance with the 
International Civil

[[Page 44203]]

Aviation Organization (ICAO) International Standards and Recommended 
Practices.
    The application of International Standards and Recommended 
Practices by the FAA, Office of System Operations Airspace and AIM, 
Airspace & Rules, in areas outside the United States domestic airspace, 
is governed by the Convention on International Civil Aviation. 
Specifically, the FAA is governed by Article 12 and Annex 11, which 
pertain to the establishment of necessary air navigational facilities 
and services to promote the safe, orderly, and expeditious flow of 
civil air traffic. The purpose of Article 12 and Annex 11 is to ensure 
that civil aircraft operations on international air routes are 
performed under uniform conditions.
    The International Standards and Recommended Practices in Annex 11 
apply to airspace under the jurisdiction of a contracting state, 
derived from ICAO. Annex 11 provisions apply when air traffic services 
are provided and a contracting state accepts the responsibility of 
providing air traffic services over high seas or in airspace of 
undetermined sovereignty. A contracting state accepting this 
responsibility may apply the International Standards and Recommended 
Practices that are consistent with standards and practices utilized in 
its domestic jurisdiction.
    In accordance with Article 3 of the Convention, state-owned 
aircraft are exempt from the Standards and Recommended Practices of 
Annex 11. The United States is a contracting state to the Convention. 
Article 3(d) of the Convention provides that participating state 
aircraft will be operated in international airspace with due regard for 
the safety of civil aircraft. Since this action involves, in part, the 
designation of navigable airspace outside the United States, the 
Administrator is consulting with the Secretary of State and the 
Secretary of Defense in accordance with the provisions of Executive 
Order 10854.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend 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

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

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


Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of FAA Order 
7400.9R, Airspace Designations and Reporting Points, signed August 15, 
2007, and effective September 15, 2007, is amended as follows:

Paragraph 6007 Offshore Airspace Areas.

* * * * *

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., north by 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 by a line 12 miles from and parallel to the shoreline to lat. 
68[deg]00'00'' N., 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 73 miles of the Port Heiden NDB/DME, 
AK, and north of the Alaska Peninsula and east of 160[deg] W. 
longitude within an 81.2-mile radius of Perryville Airport, AK, and 
north of the Alaska Peninsula and east of 160[deg] W. longitude 
within a 72.8-mile radius of Chignik Airport, AK, 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 74-
mile radius of the Selawik Airport, AK, and within a 45-mile radius 
of Hooper Bay Airport, AK, and within a 73-mile radius of St. 
Michael Airport, AK, and within a 77.4-mile radius of the Nome 
VORTAC, AK, and within a 30-mile radius of lat. 66[deg]09'58'' N., 
long. 166[deg]30'03'' W., and within a 30-mile radius of lat. 
66[deg]19'55'' N., long. 165[deg]40'32'' W., and within a 74-mile 
radius of the Kotzebue VOR/DME, AK, and within a 73-mile radius of 
the Noatak Airport, AK; and within a 71NM radius of New Stuyahok 
Airport, AK; and that airspace extending upward from 700 feet MSL 
within 8 miles west and 4 miles east of the 339[deg] bearing from 
the Port Heiden NDB/DME, AK, extending from the Port Heiden NDB/DME, 
AK, to 20 miles north of the Port Heiden NDB/DME, AK, and within a 
25-mile radius of Nome 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, within 73 miles of the Kodiak Airport, AK, and that airspace 
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, within a 73-mile radius of 
Homer Airport, 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, and south of 
the Alaska Peninsula within a 73-mile radius of the Port Heiden NDB/
DME, AK.
* * * * *

Control 1234L [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; and that airspace 
extending upward from 1,200 feet above the surface within a 26.2-
mile radius of Eareckson Air Station, AK, within an 11-mile radius 
of Adak Airport, AK, and within 16 miles of Adak Airport, AK, 
extending clockwise from the 033[deg] bearing to the 081[deg] 
bearing from the Mount Moffett NDB, AK, and within a 10-mile radius 
of Atka Airport, AK, and within a 10.6-mile radius from Cold Bay 
Airport, AK, and within 9 miles east and 4.3 miles west of the 
321[deg] bearing from Cold Bay Airport, AK, extending from the 10.6-
mile radius to 20 miles northwest of Cold Bay Airport, AK, and 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 of Cold 
Bay Airport, AK, and within a 26.2-mile radius of Eareckson Air 
Station, AK, and west of 160[deg] W. longitude within an 81.2-mile 
radius of Perryville Airport, AK, and within a 45-mile radius of the 
Nikolski Airport, AK, and west of 160[deg] W. longitude within a 73-
mile radius of the Port Heiden NDB/DME, AK, and within a 10-mile 
radius of St. George Airport, AK, and within a 73-mile radius of St. 
Paul Island Airport, AK, and within a 20-mile radius of Unalaska 
Airport, AK, extending clockwise from the 305[deg] bearing from the 
Dutch Harbor NDB, AK, to the 075[deg] bearing from the Dutch

[[Page 44204]]

Harbor NDB, AK, and west of 160[deg] W. longitude within a 25-mile 
radius of the Borland NDB/DME, AK, and west of 160[deg] W. longitude 
within a 72.8-mile radius of Chignik Airport, AK; and that airspace 
extending upward from 700 feet above the surface within a 6.9-mile 
radius of Eareckson Air Station, AK, and within a 7-mile radius of 
Adak Airport, AK, and within 5.2 miles northwest and 4.2 miles 
southeast of the 061[deg] bearing from the Mount Moffett NDB, AK, 
extending from the 7-mile radius of Adak Airport, AK, to 11.5 miles 
northeast of Adak Airport, AK and within a 6.5-mile radius of King 
Cove Airport, and extending 1.2 miles either side of the 103[deg] 
bearing from King Cove Airport from the 6.5-mile radius out to 8.8 
miles, and within a 6.4-mile radius of the Atka Airport, AK, and 
within a 6.3-mile radius of Nelson Lagoon Airport, AK, and within a 
6.3-mile radius of the Nikolski Airport, AK, and within a 6.4-mile 
radius of Sand Point Airport, AK, and within 3 miles each side of 
the 172[deg] bearing 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 either side of the 
318[deg] bearing 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] bearing from the Borland NDB/DME, AK, extending from the 
6.4-mail radius of Sand Point Airport, AK, to 17 miles northwest of 
the Sand Point Airport, AK, and within a 6.6-mile radius of St. 
George Airport, AK, and 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 within a 6.4-mile radius 
of Unalaska Airport, AK, and within 2.9 miles each side of the 
360[deg] bearing 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 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 Cold Bay Airport, 
AK, extending from the 4.6-mile radius to 7.7 miles southeast of 
Cold Bay Airport, AK, and within 3 miles west and 4 miles east of 
the 335[deg] bearing from Cold Bay Airport, AK, extending from the 
4.6-mile radius to 12.2 miles northwest of Cold Bay 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 Homer Airport, 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.
* * * * *

    Issued in Washington, DC, on July 22, 2008.
Stephen L. Rohring,
Acting Manager, Airspace and Rules Group.
[FR Doc. E8-17384 Filed 7-29-08; 8:45 am]

BILLING CODE 4910-13-P
