[Federal Register Volume 71, Number 228 (Tuesday, November 28, 2006)]
[Proposed Rules]
[Pages 68772-68773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-20183]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2006-26164; Airspace Docket No. 06-AAL-34]


Proposed Revocation of Class E Airspace; Adak, Atka, Cold Bay, 
Nelson Lagoon, Saint George Island, Sand Point, Shemya, St. Paul 
Island, and Unalaska, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This action proposes to revoke the Class E2 and E5 controlled 
airspace descriptions for Adak, Atka, Cold Bay, Nelson Lagoon, Saint 
George Island, Sand Point, Shemya, St. Paul Island, and Unalaska, AK. 
These locations lie within the boundaries of the Offshore Airspace Area 
Control 1234L. Since these airports lie within Control 1234L, the 
controlled airspace associated with these airports should be listed in 
the Control 1234L area description. A concurrent airspace action 
(docket 06-AAL-29) would incorporate this controlled airspace. 
There is one exception. The Class E2 surface area at Shemya, AK is no 
longer necessary and the docket 06-AAL-29 will not be carrying 
it forward. If both proposals are adopted there will be no change to 
controlled airspace, except for the revocation of the Shemya Class E 
surface area. The controlled airspace descriptions would be listed in 
paragraph 6007 of FAA Order 7400.9P, Airspace Designations and 
Reporting Points, Control 1234L.

DATES: Comments must be received on or before January 12, 2007.

ADDRESSES: Send comments on the proposal to the Docket Management 
System, U.S. Department of Transportation, Room Plaza 401, 400 Seventh 
Street, SW., Washington, DC 20590-0001. You must identify the docket 
number FAA-2006-26164/Airspace Docket No. 06-AAL-34, at the beginning 
of your comments. You may also submit comments on the Internet at 
http://dms.dot.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 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: 
[email protected]. 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-2006-26164/
Airspace Docket No. 06-AAL-34.'' 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

[[Page 68773]]

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 Rulemaking's (NPRM's)

    An electronic copy of this document may be downloaded through the 
Internet at http://dms.dot.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.
    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 NPRM's 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 remove the Class E airspace 
descriptions in FAA Order 7400.9P, paragraph 6002 and 6005 for Adak, 
Atka, Cold Bay, Nelson Lagoon, Saint George Island, Sand Point, Shemya, 
St. Paul Island, and Unalaska, AK. This proposal is being handled 
concurrently with a separate airspace action (06-AAL-29), that would 
move the controlled airspace descriptions for the above airports to the 
correct location in FAA Order 7400.9P, within the Control 1234L 
Offshore Airspace description. The intended effect of this proposal is 
to remove the controlled airspace descriptions incorrectly listed 
within the Federal Aviation Regulations by reference in FAA Order 
7400.9P, paragraph 6002 and 6005. The concurrent action, docket number 
06-AAL-29, will incorporate these controlled airspace descriptions in 
FAA Order 7400.9P, paragraph 6007, Control 1234L.
    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 changes to Class E airspace that remain sufficient in size 
to contain aircraft executing instrument procedures at the above listed 
airports 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 7400.9P, Airspace Designations and 
Reporting Points, dated September 1, 2006, and effective September 15, 
2006, is to be amended as follows:
* * * * *

Paragraph 6002 Class E Airspace Designated as Surface Areas.

* * * * *

AAL AK E2 Shemya, AK [Revoked]

* * * * *

AAL AK E2 Cold Bay, AK [Revoked]

* * * * *

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

* * * * *

AAL AK E5 Adak, AK [Revoked]

* * * * *

AAL AK E5 Atka, AK [Revoked]

* * * * *

AAL AK E5 Cold Bay, AK [Revoked]

* * * * *

AAL AK E5 Nelson Lagoon, AK [Revoked]

* * * * *

AAL AK E5 Saint George Island, AK [Revoked]

* * * * *

AAL AK E5 Sand Point, AK [Revoked]

* * * * *

AAL AK E5 Shemya, AK [Revoked]

* * * * *

AAL AK E5 St. Paul Island, AK [Revoked]

* * * * *

AAL AK E5 Unalaska, AK [Revoked]

* * * * *

    Issued in Anchorage, AK, on November 16, 2006.
Linda J. Couture,
Acting Director, Alaska Flight Service Information Office.
[FR Doc. E6-20183 Filed 11-27-06; 8:45 am]
BILLING CODE 4910-13-P