[Federal Register: October 17, 2008 (Volume 73, Number 202)]
[Proposed Rules]               
[Page 61750-61752]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17oc08-20]                         

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-0999; Airspace Docket No. 08-AAL-30]

 
Proposed Revision of Class E Airspace; Toksook Bay, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: This action proposes to revise Class E airspace at Toksook 
Bay, AK. One Standard Instrument Approach Procedure (SIAP) is being 
amended for the Toksook Bay Airport at Toksook Bay, AK. Additionally, 
one textual Obstacle Departure Procedure (ODP) is being amended. 
Adoption of this proposal would result in revising Class E airspace 
upward from 700 feet (ft.) and 1,200 ft. above the surface at the 
Toksook Bay Airport, Toksook Bay, AK.

DATES: Comments must be received on or before December 1, 2008.

ADDRESSES: Send comments on the proposal to the Docket Management 
Facility, U.S. Department of Transportation, 1200 New Jersey Avenue, 
SE., West Building, Ground Floor, Room W12-140, Washington, DC 20590-
0001. You must identify the docket number FAA-2008-0999/Airspace Docket 
No. 08-AAL-30, at the beginning of your comments. You may also submit 
comments on the Internet at http://www.regulations.gov. You may review 
the public docket containing the proposal, any comments received, and 
any final disposition in person in the Dockets Office between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays. The Docket 
Office (telephone 1-800-647-5527) is on the plaza level of the 
Department of Transportation NASSIF Building at the above address.
    An informal docket may also be examined during normal business 
hours at the office of the Manager, Safety, Alaska Flight Service 
Operations, Federal Aviation Administration, 222

[[Page 61751]]

West 7th Avenue, Box 14, Anchorage, AK 99513-7587.

FOR FURTHER INFORMATION CONTACT: Gary Rolf, Federal Aviation 
Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513-7587; 
telephone number (907) 271-5898; fax: (907) 271-2850; e-mail: 
gary.ctr.rolf@faa.gov. Internet address: http://www.alaska.faa.gov/at.

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 and be submitted in 
triplicate to the address listed above. Commenters wishing the FAA to 
acknowledge receipt of their comments on this notice must submit with 
those comments a self-addressed, stamped postcard on which the 
following statement is made: ``Comments to Docket No. FAA-2008-0999/
Airspace Docket No. 08-AAL-30.'' 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 notice 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 Notice of Proposed Rulemakings (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 Superintendent of Document's Web page at http://
www.access.gpo.gov/nara/index.html.
    Additionally, any person may obtain a copy of this notice by 
submitting a request to the Federal Aviation Administration, Office of 
Air Traffic Airspace Management, ATA-400, 800 Independence Avenue, SW., 
Washington, DC 20591 or by calling (202) 267-8783. Communications must 
identify both docket numbers for this notice. Persons interested in 
being placed on a mailing list for future NPRMs should contact the 
FAA's Office of Rulemaking, (202) 267-9677, to request a copy of 
Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution 
System, which describes the application procedure.

The Proposal

    The FAA is considering an amendment to the Code of Federal 
Regulations (14 CFR Part 71), which would revise Class E airspace at 
the Toksook Bay Airport, in Toksook Bay, AK. The intended effect of 
this proposal is to revise existing Class E airspace upward from 700 
ft. and 1,200 ft. above the surface to contain Instrument Flight Rules 
(IFR) operations at the Toksook Bay Airport, Toksook Bay, AK.
    The FAA Instrument Flight Procedures Production and Maintenance 
Branch has amended one SIAP and one ODP for the Toksook Bay Airport. 
The amended SIAP is the Area Navigation (RNAV) Global Positioning 
System (GPS) Runway (RWY) 34, Amendment 1. The Textual ODP is unnamed 
and will be published in the front of the U.S. Terminal Procedures for 
Alaska. Class E controlled airspace extending upward from 700 ft. and 
1,200 ft. above the surface in the Toksook Bay Airport area would be 
revised by this action. The proposed airspace is sufficient in size to 
contain aircraft executing the instrument procedures at the Toksook Bay 
Airport, Toksook Bay, AK.
    The area would be depicted on aeronautical charts for pilot 
reference. The coordinates for this airspace docket are based on North 
American Datum 83. The Class E airspace areas designated as 700/1200 
foot transition areas are published in paragraph 6005 in FAA Order 
7400.9R, Airspace Designations and Reporting Points, signed August 15, 
2007, and effective September 15, 2007, which is incorporated by 
reference in 14 CFR 71.1. The Class E airspace designations listed in 
this document would 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. 
It, therefore--(1) Is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under 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 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 1, 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 1, Section 40103, Sovereignty and use of 
airspace. Under that section, the FAA is charged with prescribing 
regulations to ensure the safe and efficient use of the navigable 
airspace. This regulation is within the scope of that authority because 
it proposes to create Class E airspace sufficient in size to contain 
aircraft executing instrument procedures at the Toksook Bay Airport, 
AK, and represents the FAA's continuing effort to safely and 
efficiently use the navigable airspace.

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, CLASS B, CLASS C, CLASS D, AND 
CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS

    1. The authority citation for 14 CFR 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 Federal 
Aviation Administration Order 7400.9R, Airspace Designations and 
Reporting Points, signed August 15, 2007, and effective September 15, 
2007, is to be amended as follows:
* * * * *

[[Page 61752]]

Paragraph 6005 Class E Airspace Extending Upward from 700 Feet or 
More Above the Surface of the Earth.
* * * * *

AAL AK E5 Toksook Bay, AK [Revised]

Toksook Bay, Toksook Bay Airport, AK (lat. 60[deg]32'29'' N., long. 
165[deg]05'14'' W)
    That airspace extending upward from 700 feet above the surface 
within a 6.3-mile radius of the Toksook Bay Airport, AK; and that 
airspace extending upward from 1,200 feet above the surface within a 
73-mile radius of the Toksook Bay Airport, AK.
* * * * *

    Issued in Anchorage, AK, on October 6, 2008.
Anthony M. Wylie,
Manager, Alaska Flight Services Information Area Group.
 [FR Doc. E8-24687 Filed 10-16-08; 8:45 am]

BILLING CODE 4910-13-P