[Federal Register: October 31, 2008 (Volume 73, Number 212)]
[Rules and Regulations]
[Page 64881-64883]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31oc08-8]
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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]
Modification to the Norton Sound Low, Woody Island Low, Control
1234L and Control 1487L Offshore Airspace Areas; AK
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action amends the following four Offshore Airspace Areas
in Alaska: Norton Sound Low, Woody Island Low, Control 1234L and
Control 1487L. This action lowers the airspace floors to provide
additional controlled airspace for aircraft instrument flight rule
(IFR) operations at Alaska airports.
DATES: Effective Date: 0901 UTC, January 15, 2009. 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 7400.9 and
publication of conforming amendments.
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:
History
On Wednesday July 30, 2008, the FAA published in the Federal
Register a notice of proposed rulemaking to modify four Alaskan
Offshore Airspace Areas: Norton Sound Low, Woody Island Low, Control
1234L and Control 1487L (73 FR 44201). Interested parties were invited
to participate in this rulemaking effort by submitting written comments
on the proposal. No comments were received. A review of the airspace
description revealed that it contained two items that were unnecessary.
The Norton Sound Low 1,200 foot description for Selawik, AK, is not
required. Similarly, the 1,200 ft. description for Control 1234L had
duplicate references to Eareckson Air Force Station. These two items
are addressed in the airspace descriptions below. With the exception of
editorial changes, this amendment is the same as that proposed in the
NPRM.
These 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 Rule
This action amends Title 14 Code of Federal Regulations (14 CFR)
part 71 modifying the Norton Sound Low, Woody Island Low, Control
1234L, and Control 1487L Offshore Airspace Areas, AK. The Norton Sound
Low Offshore Airspace Area is being 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; and within 73
miles of Port Heiden. In addition, the Norton Sound Low Offshore
Airspace area is being lowered to 700 feet MSL at Port Heiden Airport.
The Woody Island Low Offshore Airspace Area is being 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
Middleton Island Airport.
Additionally, the Control 1234L Offshore Airspace area is being
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 modifies 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.
The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are
[[Page 64882]]
necessary to keep them operationally current. Therefore, this
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 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 Administratior. 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 with the scope of that authority as
it provides additional controlled airspace for aircraft IFR operations
at Alaska airports.
ICAO Considerations
As part of this action relates to navigable airspace outside the
United States, this notice is submitted in accordance with the
International Civil 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 has been reviewed by the Secretary of State and the
Secretary of Defense in accordance with the provisions of Executive
Order 10854.
Environmental Review
The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1E, Policies and Procedures for Considering
Environmental Impacts. This airspace action is not expected to cause
any potentially significant environmental impacts, and no extraordinary
circumstances exist that warrant preparation of an environmental
assessment.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
Adoption of the Amendment
0
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(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 7400.9R,
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[min]59[sec] N.,
long. 160[deg]00[min]00[sec] W., north by a line 12 miles from and
parallel to the U.S. coastline to the intersection with
164[deg]00[min]00[sec] 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[min]00[sec] N., to lat.
68[deg]00[min]00[sec] N., long. 168[deg]58[min]23[sec] W., to lat.
65[deg]00[min]00[sec] N., long. 168[deg]58[min]23[sec] W., to lat.
62[deg]35[min]00[sec] N., long. 175[deg]00[min]00[sec] W., to lat.
59[deg]59[min]57[sec] N., long. 168[deg]00[min]08[sec] W., to lat.
57[deg]45[min]57[sec] N., long. 161[deg]46[min]08[sec] W., to lat.
58[deg]06[min]57[sec] N., long. 160[deg]00[min]00[sec] 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[min]17[sec] N., long. 165[deg]04[min]01[sec] W., and
within a 73-mile radius of the Chevak 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[min]58[sec] N., long. 166[deg]30[min]03[sec] W., and
within a 30-mile radius of lat. 66[deg]19[min]55[sec] N., long.
165[deg]40[min]32[sec] 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
[[Page 64883]]
(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 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 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-mile 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 October 22, 2008.
Edith V. Parish,
Manager, Airspace and Rules Group.
[FR Doc. E8-25941 Filed 10-30-08; 8:45 am]
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