[Federal Register: December 10, 2008 (Volume 73, Number 238)]
[Proposed Rules]
[Page 75011-75013]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10de08-19]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2008-0897; Airspace Docket No. 08-AWP-9]
RIN 2120-AA66
Proposed Amendment of Class E Airspace; Guam Island, GU and
Saipan Island, CQ
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This action proposes to remove, rename and expand the Class E
airspace areas serving Guam International Airport, Anderson AFB and
Saipan Island. Additionally, this proposed action would revoke the
Saipan Island Class E surface area since it is no longer required, and
expand other controlled airspace areas to protect aircraft conducting
instrument approaches to Saipan International Airport. The FAA is
proposing these actions to enhance the safety and management of
aircraft operations in the vicinity of the Northern Mariana Islands.
DATES: Comments must be received on or before January 26, 2009.
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 FAA Docket No. FAA-2008-
0897 and Airspace Docket No. 08-AWP-9 at the beginning of your
comments. You may also submit comments through 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:
[[Page 75012]]
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-2008-0897 and Airspace Docket No. 08-AWP-9) 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-2008-0897 and Airspace Docket No. 08-AWP-9.'' 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/airports_airtraffic/air_traffic/publications/airspace_
amendments/.
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 Northwest Mountain Regional Office of the Federal Aviation
Administration, Air Traffic Organization, Western Service Area, System
Support Group, 1601 Lind Avenue, SW., Renton, WA 98057.
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.
Background
During an airspace review conducted by Guam ARTCC personnel, it was
determined that the Class E airspace descriptions were outdated and
required revision to contain current instrument operations within
controlled airspace.
The Proposal
The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) part 71 to amend Class E airspace at Guam, and
Saipan Islands. This proposed action would remove the Saipan Island
Class E surface area airspace since it is no longer required for
operations and expand other controlled airspace for the safety of
aircraft conducting instrument approaches to Saipan International
Airport. In addition, this action would remove, rename and expand the
Class E airspace areas serving Guam International Airport, and Anderson
AFB, and rename the Guam Island Class E airspace to the Northern
Mariana Islands Class E airspace. Controlled airspace is necessary to
accommodate Instrument Flight Rules aircraft operations. This action
would enhance the safety and management of aircraft operations in the
Northern Mariana Islands.
Class E airspace designations are published in paragraph 6000 of
FAA Order 7400.9S, signed October 3, 2008, and effective October 31,
2008, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designation listed in this document will be published
subsequently in this 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 establishes controlled airspace at Guam and Saipan Islands.
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 Aviation Organization (ICAO) International
Standards and Recommended Practices. Applicability of International
Standards and Recommended Practices by the Air Traffic Rules and
Procedures Service, FAA, in areas outside domestic airspace of the
United States is governed by Article 12 of, and Annex 11 to, the
Convention on International Civil Aviation, which pertains to the
establishment of air navigational facilities and services necessary to
promote the safe, orderly, and expeditious flow of civil air traffic.
Their purpose is to ensure that civil aircraft operations on
international air routes are carried out under uniform conditions
designed to improve the safety and efficiency of air operations.
The International Standards and Recommended Practices in Annex 11
apply in those parts of the airspace under the jurisdiction of a
contracting state, derived from ICAO, wherein air traffic services are
provided and also whenever a contracting state accepts the
responsibility of providing air traffic services over high seas or in
airspace of undetermined sovereignty. A contracting state accepting
such responsibility may apply the International Standards and
Recommended Practices in a manner consistent with that adopted for
airspace under its domestic jurisdiction.
[[Page 75013]]
In accordance with Article 3 of the Convention on International
Civil Aviation, Chicago, 1944, state aircraft are exempt from the
provisions of Annex 11 and its Standards and Recommended Practices. As
a contracting state, the United States agreed by Article 3(d) that its
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.
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, paragraph 311a Environmental Impacts: Polices
and Procedures. 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).
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
7400.9S, Airspace Designations and Reporting Points, signed October 3,
2008, and effective October 31, 2008, is amended as follows:
Paragraph 6002 Class E Airspace Areas Designated as an Extension to
a Class D Surface Area.
* * * * *
AWP CQ E2 Saipan Island, CQ [Removed]
* * * * *
Paragraph 6004 Class E Airspace Areas Designated as Extensions to
Surface Areas.
AWP CQ E4 Saipan Island, CQ [Amended]
Saipan International Airport, CQ
(Lat. 15[deg]07[min]08[sec] N, Long. 145[deg]43[min]46[sec] E)
Saipan NDB
(Lat. 15[deg]06[min]41[sec] N, Long. 145[deg]42[min]37[sec] E)
That airspace extending upward from the surface within a 4.3
mile radius of Saipan International Airport and within 3 miles north
and 2-miles south of the Saipan NDB 248[deg] bearing, extending from
the 4.3 mile radius to 8.5-miles southwest of the NDB and within 3
miles each side of the Saipan NDB 068[deg] bearing extending from
the 4.3 mile radius to 9 miles northeast of the NDB.
* * * * *
AWP GU E4 Guam Island, Agana NAS, GU [Removed]
* * * * *
AWP GU E4 Guam International Airport, GU [New]
Tiyan, Guam International Airport, GU
(Lat. 13[deg]29[min]02[sec] N, Long. 144[deg]47[min]50[sec] E)
Nimitz VORTAC
(Lat. 13[deg]27[min]16[sec] N, Long. 144[deg]44[min]00[sec] E)
That airspace extending upward from the surface within 2 miles
each side of the Nimitz VORTAC 245[deg] radial, extending from the
4.3 mile radius of Guam International Airport to 5 miles southwest
of the Nimitz VORTAC.
* * * * *
AWP GU E4 Guam Island, GU [Removed]
* * * * *
AWP GU E4 Anderson AFB, GU [New]
Yigo, Andersen AFB, GU
(Lat. 13[deg]35[min]02[sec] N, Long. 144[deg]55[min]48[sec] E)
Tiyan, Guam International Airport, GU
(Lat. 13[deg]29[min]02[sec] N, Long. 144[deg]47[min]50[sec] E)
That airspace extending upward from the surface within 3 miles
each side of the 065[deg] bearing from Andersen AFB extending from
the 4.3-mile radius of Andersen AFB to 8.5 miles northeast and that
airspace within 2 miles north of and 3.5 miles south of the 245[deg]
bearing from Andersen AFB, extending from the 4.3-mile radius of the
airport to 7.5 miles southwest of Andersen AFB, excluding the Guam
International Airport Class D airspace area.
* * * * *
Paragraph 6005 Class E Airspace Areas Designated Extending Upward
from 700 feet or More Above the Surface of the Earth.
* * * * *
AWP GU E5 Guam Island, GU [Removed]
* * * * *
AWP NMI E5 Northern Mariana Islands, NMI [New]
Yigo, Andersen AFB, GU
(Lat. 13[deg]35[min]02[sec] N, Long. 144[deg]55[min]48[sec] E)
Rota International Airport, CQ
(Lat. 14[deg]10[min]28[sec] N, Long. 145[deg]14[min]28[sec] E)
Saipan International Airport, CQ
(Lat. 15[deg]07[min]08[sec] N, Long. 145[deg]43[min]46[sec] E)
Tinian International Airport, CQ
(Lat. 14[deg]59[min]57[sec] N, Long. 145[deg]37[min]10[sec] E)
Nimitz VORTAC
(Lat. 13[deg]27[min]16[sec] N, Long. 144[deg]44[min]00[sec] E)
Saipan NDB
(Lat. 15[deg]06[min]41[sec] N, Long. 145[deg]42[min]37[sec] E)
That airspace extending upward from 700 feet above the surface
within a 12 mile radius of Andersen AFB and within 12 miles each
side of the 245[deg] bearing from Andersen AFB extending from the
12-mile radius to 35 miles southwest of Andersen AFB and within an 8
mile radius of Rota International Airport, and within a 12 mile
radius of Saipan International Airport and within a 7 mile radius of
Tinian International Airport. That airspace extending upward from
1,200 feet above the surface within a 100-mile radius of the Nimitz
VORTAC and within a 35 mile radius of the Saipan NDB, excluding the
portion that coincides with W-517.
* * * * *
Issued in Washington DC on November 25, 2008.
Edith V. Parish,
Manager, Airspace and Rules Group.
[FR Doc. E8-29255 Filed 12-9-08; 8:45 am]
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