[Federal Register Volume 69, Number 198 (Thursday, October 14, 2004)]
[Proposed Rules]
[Pages 61128-61131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23067]



[[Page 61127]]

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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

  Federal Register / Vol. 69, No. 198 / Thursday, October 14, 2004 / 
Proposed Rules  

[[Page 61128]]


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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

[[Page 61129]]

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