[Federal Register: October 14, 2004 (Volume 69, Number 198)]
[Proposed Rules]
[Page 61127-61131]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14oc04-17]
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Part III
Department of Transportation
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Federal Aviation Administration
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14 CFR Part 95
Redesignation of Mountainous Areas in Alaska; Proposed Rule
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 95
[Docket No.: FAA-2004--19352]
RIN 2120-AI44
Redesignation of Mountainous Areas in Alaska
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This proposal would update the designated mountainous areas in
the State of Alaska. Regulations currently designating mountainous
areas in Alaska were established in 1956. Since that time, we have
concluded that areas previously considered non-mountainous should be
expanded, and two areas previously designated mountainous should now be
considered non-mountainous. The intended effect of this proposal is to
enhance safety by allowing aircraft operating in certain non-
mountainous areas to fly at lower altitudes when necessary.
DATES: Comments must be received on or before November 15, 2004.
ADDRESSES: You may send comments [identified by Docket Number FAA-2004-
19352] using any of the following methods:
DOT Docket Web site: Go to http://dms.dot.gov and follow
the instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to http://www.regulations.gov
and follow the instructions for sending your
comments electronically.
Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590-001.
Fax: 1-202-493-2251.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For more information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
Privacy: We will post all comments we receive, without change, to
http://dms.dot.gov, including any personal information you provide. For
more information, see the Privacy Act discussion in the SUPPLEMENTARY
INFORMATION section of this document.
Docket: To read background documents or comments received, go to
http://dms.dot.gov at any time or to Room PL-401 on the plaza level of
the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Richard W. Girard, Flight Standards
Division, Technical Standards Branch, AAL-233, Federal Aviation
Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513-7587;
telephone number (907) 271-3578.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites interested persons to participate in this proposal
by submitting written comments, data, or views. We also invite comments
relating to the economic, environmental, energy, or federalism impacts
that might result from adopting the proposal in this document. The most
helpful comments reference a specific portion of the proposal, explain
the reason for any recommended change, and include supporting data. We
ask that you send us two copies of written comments.
We will file in the docket all comments we receive, as well as a
report summarizing each substantive public contact with FAA personnel
concerning this proposal. The docket is available for public inspection
before and after the comment closing date. If you wish to review the
docket in person, go to the address in the ADDRESSES section of this
preamble between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. You may also review the docket using the Internet at
the web address in the ADDRESSES section.
Privacy Act: Using the search function of our docket Web site,
anyone can find and read the comments received into any of our dockets,
including the name of the individual sending the comment (or signing
the comment on behalf of an association, business, labor union, etc.).
You may review DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19477-78) or you may visit
http://dms.dot.gov.
We will consider all comments we receive on or before the closing
date for comments. We will consider comments filed late if it is
possible to do so without incurring expense or delay. We may change
this proposal in light of the comments we receive.
If you want the FAA to acknowledge receipt of your comments on this
rule, include with your comments a pre-addressed, stamped postcard on
which the docket number appears. We will stamp the date on the postcard
and mail it to you.
Availability of Rulemaking Documents
You can get an electronic copy using the Internet by:
(1) Searching the Department of Transportation's electronic Docket
Management System (DMS) Web page (http://dms.dot.gov/search); (2) Visiting the Office of Rulemaking's Web page at http://www.faa.gov/avr/arm/index.cfm
; or
(3) Accessing the Government Printing Office's Web page at http://www.access.gpo.gov/su_docs/aces/aces140.html
.
You can also get a copy by submitting a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW., Washington, DC 20591, or by calling (202) 267-9680. Make
sure to identify the docket number, notice number, or amendment number
of this rulemaking.
Background
Today, FAA regulations designate a large majority of the State of
Alaska as a mountainous area. This designation sets specific minimum
altitudes for all aircraft traveling in the area. Five areas of the
state are specifically excepted from the mountainous area designation,
and aircraft operated in these areas do not need to meet the same
minimum altitude requirements. This proposal would expand those five
areas that are excepted in the regulations, and add two areas in the
vicinity of Fort Yukon and the islands of St. Paul and St. George (also
known as the Pribilof Islands) under the exception.
The FAA has designated certain areas within the United States as
mountainous areas. These areas are regulated to make sure that pilots
maintain certain altitude minimums for a safe flying environment. These
designated mountainous areas are specified in 14 CFR part 95, Subpart
B. They include areas in the Eastern and Western continental United
States, Hawaii, Puerto Rico, and Alaska.
Designating an area as a mountainous area involves the
consideration of:
1. Weather phenomena in the area that are conducive to marked
pressure differentials;
2. Bernoulli effect;
3. Precipitous terrain turbulence; and
4. Other factors likely to increase the possibility of altimeter
error.
Specifically, Sec. 91.177(a)(2)(i) sets minimum altitude
requirements for anyone operating an aircraft under Instrument Flight
Rules (IFR) over an area designated as a mountainous area
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in part 95 (where no minimum altitudes are prescribed for that area in
parts 95 and 97). A pilot must maintain an altitude of at least 2,000
feet above the highest obstacle within a horizontal distance of 4
nautical miles from the course to be flown. Sections 91.515(a)(2) and
135.203(a)(2) provide similar requirements for Visual Flight Rule (VFR)
night operations conducted under Subpart F of part 91 and part 135.
Section 121.657(c) also provides the same requirement for night VFR,
IFR, and over-the-top operations conducted under part 121. In each of
the above sections the requirements are similar for non-mountainous
areas except that the minimum altitude is set at 1,000 feet, rather
than 2,000 feet.
In 1956, when the regulations designating mountainous areas were
written, the FAA designated those areas that could be considered either
mountainous or non-mountainous as mountainous areas because there were
relatively few IFR operations. Since then, the number of IFR operations
in the State has significantly increased. Technology and experience
have provided the FAA with more accurate information on which areas
within the state should receive exception status from the mountainous
area designation. These areas meet the current defined requirements for
non-mountainous areas, but were not previously identified. Today, IFR
operations are prevalent in nearly every portion of the State.
Correspondence with pilots operating in Alaska has supported the
conclusion that IFR operations are common and that the new designation
of mountainous areas is necessary to provide appropriate flexibility
for pilots and controllers. Pilots have asserted that the minimum
altitude required in designated mountainous areas can force aircraft to
fly high enough in certain weather conditions to risk ice buildup on
wings and control surfaces. Thus, the risk assessment that led to a
mountainous/non-mountainous classification in the 1950's may no longer
be appropriate. The FAA believes the existing regulations may expose
pilots operating in some parts of Alaska currently classified as
mountainous areas to a greater risk than necessary. Additionally, this
proposal will enhance safety by improving traffic flow and reducing
controller workload.
There are currently five areas outlined in the exceptions section
of the regulation as non-mountainous areas. This proposed rule would
expand these areas slightly while adding two more areas that would be
designated non-mountainous.
Each of the proposed exception areas listed in this proposed rule
is an area with homogenous weather characteristics. Weather reporting
stations are now more abundant and reliable than when these regulations
were written in 1956. These areas are free of precipitous terrain and
weather phenomena associated with other designated mountainous areas.
Because of these factors, we believe additional operational altitudes
are necessary for these areas and these changes will not adversely
affect safety.
For purposes of this proposed rule, a map is presented to
illustrate the extent of these areas. The map entitled ``Designated
Mountainous Areas'' of the State of Alaska that is currently included
in part 95 will be replaced by the new map that includes the revisions
and additions to Sec. 95.17(b). See Docket No. FAA-2004-19352 to view
the map.
Economic Assessment, Regulatory Flexibility Determination,
International Trade Impact Assessment, and Unfunded Mandates Assessment
Proposed changes to Federal regulations must undergo several
economic analyses. First, Executive Order 12866 directs each Federal
agency to propose or adopt a regulation only upon a reasoned
determination that the benefits of the intended regulation justify its
costs. Second, the Regulatory Flexibility Act of 1980 requires agencies
to analyze the economic impact of regulatory changes on small entities.
Third, the Trade Agreements Act (19 U.S.C. Sec. Sec. 2531-2533)
prohibits agencies from setting standards that create unnecessary
obstacles to the foreign commerce of the United States. In developing
U.S. standards, this Trade Act also requires agencies to consider
international standards and, where appropriate, use them as the basis
of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995
(Public Law 104-4) requires agencies to prepare a written assessment of
the costs, benefits, and other effects of proposed or final rules that
include a Federal mandate likely to result in the expenditure by State,
local, or tribal governments, in the aggregate, or by the private
sector, of $100 million or more annually (adjusted for inflation).
However, for regulations with an expected minimal impact the above-
specified analyses are not required. The Department of Transportation
Order DOT 2100.5 prescribes policies and procedures for simplification,
analysis, and review of regulations. If it is determined that the
expected impact is so minimal that the proposal does not warrant a full
evaluation, a statement to that effect and the basis for that
determination is included in the proposed regulation. Since this
proposed rule more accurately identifies mountainous areas in Alaska,
and thereby provides greater flexibility in aircraft operations, it is
expected to have a minimal cost impact with positive net benefits. The
FAA requests comments with supporting justification regarding the FAA
determination of minimal impact.
Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (RFA) establishes ``as a
principle of regulatory issuance that agencies shall endeavor,
consistent with the objective of the rule and of applicable statutes,
to fit regulatory and informational requirements to the scale of the
business, organizations, and governmental jurisdictions subject to
regulation.'' To achieve that principle, the RFA requires agencies to
solicit and consider flexible regulatory proposals and to explain the
rationale for their actions. The RFA covers a wide-range of small
entities, including small businesses, not-for-profit organizations, and
small governmental jurisdictions.
Agencies must perform a review to determine whether a proposed rule
will have a significant economic impact on a substantial number of
small entities. If the agency determines that it will, the agency must
prepare a regulatory flexibility analysis as described in the RFA.
However, if an agency determines that a proposed rule is not
expected to have a significant economic impact on a substantial number
of small entities, section 605(b) of the RFA provides that the head of
the agency may so certify and a regulatory flexibility analysis is not
required. The certification must include a statement providing the
factual basis for this determination, and the reasoning should be
clear.
This proposed rule will affect only the areas in which a plane may
fly at a certain altitude. The changes we are proposing should not
change how small entities or individuals in Alaska conduct business
operations. Consequently, the FAA certifies that the rule will not have
a significant economic impact on a substantial number of small
entities.
Trade Impact Analysis
The Trade Agreement Act of 1979 prohibits Federal agencies from
establishing any standards or engaging in related activities that
create unnecessary obstacles to the foreign commerce of the United
States. Legitimate domestic objectives, such as
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safety, are not considered unnecessary obstacles. The statute also
requires consideration of international standards and, where
appropriate, that they be the basis for U.S. standards. The FAA has
assessed the potential effect of this proposed rule and determined that
it will not create unnecessary obstacles to foreign commerce and that
international standards were considered.
Unfunded Mandates Assessment
The Unfunded Mandates Reform Act of 1995 (the Act) is intended,
among other things, to curb the practice of imposing unfunded Federal
mandates on State, local, and tribal governments. Title II of the Act
requires each Federal agency to prepare a written statement assessing
the effects of any Federal mandate in a proposed or final agency rule
that may result in an expenditure of $100 million or more (adjusted
annually for inflation) in any one year by State, local, and tribal
governments, in the aggregate, or by the private sector; such a mandate
is deemed to be a ``significant regulatory action.'' The FAA currently
uses an inflation-adjusted value of $120.7 million in lieu of $100
million.
This proposed rule does not contain such a mandate. The
requirements of Title II do not apply.
Regulations Affecting Intrastate Aviation in Alaska
Section 1205 of the FAA Reauthorization Act of 1996 (110 Stat.
3213) requires the Administrator, when modifying regulations in title
14 of the CFR in manner affecting intrastate aviation in Alaska, to
consider the extent to which Alaska is not served by transportation
modes other than aviation, and to establish such regulatory
distinctions as he or she considers appropriate. Because this proposed
rule would apply to airspace designations specifically in Alaska, it
could, if adopted, affect intrastate aviation in Alaska. The FAA
therefore specifically requests comments on whether there is
justification for the proposed rule.
Environmental Analysis
FAA Order 1050.1E identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act in the absence of extraordinary circumstances. The FAA has
determined this proposed rulemaking action qualifies for the
categorical exclusion identified in paragraph 312(d) and involves no
extraordinary circumstances.
Regulations That Significantly Affect Energy Supply, Distribution, or
Use
The FAA has analyzed this NPRM under Executive Order 13211, Actions
Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). We have determined that it is not
a ``significant energy action'' under the executive order because it is
not a ``significant regulatory action'' under Executive Order 12866,
and it is not likely to have a significant adverse effect on the
supply, distribution, or use of energy.
Section-by-Section Discussion of Proposal
14 CFR Part 95, Subpart B
Section 95.17
In subsection (a) Area, we propose changing ``The Territory of
Alaska'' to read ``The State of Alaska.'' When the regulation was
originally written in 1956, Alaska was not yet a State. In subsection
(b) Exceptions, we propose revising the five current exceptions and
adding two more for areas not previously covered.
The current exception areas that would be revised are:
(1) In the vicinity of Fairbanks, AK, and Nenana, AK. The proposed
revision would include areas in the vicinity of Delta Junction, AK, and
Minchumina, AK.
(2) In the vicinity of Talkeetna, AK, Anchorage, AK, Kenai, AK, and
Homer, AK. The proposed revision would include additional shoreline and
coastal areas west of the Cook Inlet.
(3) In the vicinity of King Salmon, AK, and Port Heiden, AK. The
proposed revision would include areas in the vicinity of Dillingham,
AK, and Iliamna, AK.
(4) In the vicinity of Bethel, AK, and Aniak, AK. The proposed
revision would include areas in the vicinity of Anvik, AK, Saint
Mary's, AK, Quinhagak, AK, Kipnuk, AK, Hooper Bay, AK, and Nunivak
Island, AK.
(5) In the vicinity of Point Barrow, AK, Prudhoe Bay, AK, and
Barter Island, AK. The proposed revision would include an area in the
vicinity of Umiat, AK, and the coastal area east of Barter Island, AK.
The two additional exceptions that are being proposed include
areas:
(1) In the vicinity of Fort Yukon, AK.
(2) The islands of Saint Paul and Saint George, which are also
collectively known as the Pribilof Islands.
List of Subjects in 14 CFR Part 95
Air traffic control, Airspace, Alaska, Navigation (air).
The Proposed Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend
Part 95 of the Federal Aviation Regulations (14 CFR Part 95) as
follows:
PART 95--IFR ALTITUDES
1. The authority citation for part 95 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120,
44502, 44514, 44719, 44721.
2. Section 95.17 is revised to read as follows:
Sec. 95.17 Alaska Mountainous Area.
All of the following area excluding those portions specified in the
exceptions:
(a) Area. The State of Alaska.
(b) Exceptions;
(1) Fairbanks--Nenana Area. Beginning at latitude 64[deg]54' N,
longitude 147[deg]00' W; thence to latitude 64[deg]50' N, longitude
151[deg]22' W, thence to latitude 63[deg]50' N, longitude 152[deg]50'
W; thence to latitude 63[deg]30' N, longitude 152[deg]30' W; thence to
latitude 63[deg]30' N, longitude 151[deg]30' W; thence to latitude
64[deg]05' N, longitude 150[deg]30' W; thence to latitude 64[deg]20' N,
longitude 149[deg]00' W; thence to latitude 64[deg]07' N, longitude
146[deg]30' W; thence to latitude 63[deg]53' N, longitude 146[deg]00'
W; thence to latitude 63[deg]53' N, longitude 145[deg]00' W; thence to
latitude 64[deg]09' N, longitude 145[deg]16' W; thence to latitude
64[deg]12' N, longitude 146[deg]00' W; thence to latitude 64[deg]25' N,
longitude 146[deg]37' W; thence to latitude 64[deg]54' N, longitude
147[deg]00' W, point of beginning.
(2) Anchorage--Homer Area. Beginning at latitude 61[deg]50' N,
longitude 151[deg]12' W; thence to latitude 61[deg]24' N, longitude
150[deg]28' W; thence to latitude 61[deg]08' N, longitude 151[deg]47'
W; thence to latitude 59[deg]49' N, longitude 152[deg]40' W; thence to
latitude 59[deg]25' N, longitude 153[deg]10' W; thence to latitude
59[deg]00' N, longitude 153[deg]10' W; thence to latitude 59[deg]33' N,
longitude 151[deg]28' W; thence to latitude 60[deg]31' N, longitude
150[deg]43' W; thence to latitude 61[deg]13' N, longitude 149[deg]39'
W; thence to latitude 61[deg]37' N, longitude 149[deg]15' W; thence to
latitude 61[deg]44' N, longitude 149[deg]48' W; thence to latitude
62[deg]23' N, longitude 149[deg]54' W; thence to latitude 62[deg]23' N,
longitude 150[deg]14' W; thence to latitude 61[deg]50' N, longitude
151[deg]12' W, point of beginning.
(3) King Salmon--Port Heiden Area. Beginning at latitude 58[deg]49'
N, longitude 159[deg]30' W; thence to latitude 59[deg]40' N, longitude
157[deg]00' W; thence to latitude 59[deg]40' N, longitude 155[deg]30'
W;
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thence to latitude 59[deg]50' N, longitude 154[deg]50' W; thence to
latitude 59[deg]35' N, longitude 154[deg]40' W; thence to latitude
58[deg]57' N, longitude 156[deg]05' W; thence to latitude 58[deg]00' N,
longitude 156[deg]20' W; thence to latitude 57[deg]00' N, longitude
158[deg]20' W; thence to latitude 56[deg]43' N, longitude 158[deg]39'
W; thence to latitude 56[deg]27' N, longitude 160[deg]00' W; thence
along the shoreline to latitude 58[deg]49' N, longitude 159[deg]30' W,
point of beginning.
(4) Bethel--Aniak Area. Beginning at latitude 63[deg]28' N,
longitude 161[deg]30' W; thence to latitude 62[deg]40' N, longitude
163[deg]03' W; thence to latitude 62[deg]05' N, longitude 162[deg]38'
W; thence to latitude 61[deg]51' N, longitude 160[deg]43' W; thence to
latitude 62[deg]55' N, longitude 160[deg]30' W; thence to latitude
63[deg]00' N, longitude 158[deg]00' W; thence to latitude 61[deg]45' N,
longitude 159[deg]30' W; thence to latitude 61[deg]34' N, longitude
159[deg]15' W; thence to latitude 61[deg]07' N, longitude 160[deg]20'
W; thence to latitude 60[deg]25' N, longitude 160[deg]40' W; thence to
latitude 59[deg]36' N, longitude 161[deg]49' W; thence along the
shoreline to latitude 63[deg]28' N, longitude 161[deg]30' W; point of
beginning; and Nunivak Island.
(5) North Slope Area. Beginning at a point where latitude
69[deg]30' N intersects the northwest coast of Alaska and eastward
along the 69[deg]30' parallel to latitude 69[deg]30' N, longitude
156[deg]00' W; thence to latitude 69[deg]10' N, longitude 153[deg]00'
W; thence eastward along the 69[deg]10' N parallel to latitude
69[deg]10' N, longitude 149[deg]00' W; thence to latitude 69[deg]50' N,
longitude 146[deg]00' W; thence eastward along the 69[deg]50' N
parallel to latitude 69[deg]50' N, longitude 145[deg]00' W; thence to
latitude 69[deg]35' N, longitude 141[deg]00' W; thence northward along
the 141[deg]00' W Meridian to a point where the 141[deg]00' W Meridian
intersects the northeast coastline of Alaska; thence westward along the
northern coastline of Alaska to the intersection of latitude 69[deg]30'
N; point of beginning.
(6) Fort Yukon Area. Beginning at latitude 67[deg]20' N, longitude
144[deg]00' W; thence to latitude 66[deg]00' N, longitude 143[deg]00'
W; thence to latitude 66[deg]05' N, longitude 149[deg]00' W; thence to
latitude 66[deg]45' N, longitude 148[deg]00' W; thence to latitude
67[deg]00' N, longitude 147[deg]00' W; thence to latitude 67[deg]20' N,
longitude 144[deg]00' W; point of beginning.
(7) The islands of Saint Paul and Saint George, together known as
the Pribilof Islands, in the Bering Sea.
Issued in Washington, DC, on October 8, 2004.
James J. Ballough,
Director, Flight Standards Service.
[FR Doc. 04-23067 Filed 10-13-04; 8:45 am]
BILLING CODE 4910-13-P