[Federal Register Volume 72, Number 48 (Tuesday, March 13, 2007)]
[Proposed Rules]
[Pages 11305-11307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-4466]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2006-25852; Airspace Docket No. 06-AAL-29]
RIN 2120-AA66


Proposed Modification to the Norton Sound Low, Woody Island Low, 
Control 1234L and Control 1487L Offshore Airspace Areas; Alaska

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend the following four Offshore 
Airspace Areas in Alaska: Norton Sound Low, Woody Island Low, Control 
1234L and Control 1487L. This action proposes to describe the airspace 
west of 160[deg] W. longitude as it is currently depicted on 
aeronautical charts. Some of the existing controlled airspace is 
described as domestic Class E5 airspace around Kodiak, AK. This 
airspace instead would be listed within the Woody Island Low Offshore 
Airspace Area. The FAA is proposing this action to provide additional 
controlled airspace for aircraft instrument flight rules (IFR) 
operations, and to correctly describe the existing offshore airspace 
areas in FAA Order 7400.9P, Airspace Designations and Reporting Points, 
dated September 1, 2006, and effective September 15, 2006.

DATES: Comments must be received on or before April 27, 2007.

ADDRESSES: Send comments on this 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 FAA Docket 
No. FAA-2006-25852 and Airspace Docket No. 06-AAL-29, at the beginning 
of your comments. You may also submit comments through the Internet at 
http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Ken McElroy, Airspace and Rules, 
Office of System Operations Airspace and AIM, Federal Aviation 
Administration, 800 Independence Avenue, SW., Washington, DC 20591; 
telephone: (202) 267-8783.

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 (FAA Docket No. 
FAA-2006-25852 and Airspace Docket No. 06-AAL-29) and be submitted in 
triplicate to the Docket Management System (see ADDRESSES section for 
address and phone number). You may also submit comments through the 
Internet at http://dms.dot.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-2006-25852 and Airspace Docket No. 06-AAL-29.'' 
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://dms.dot.gov. Recently published rulemaking documents 
can also be accessed through the FAA's Web page at http://www.faa.gov., 
or the Federal Register's Web page at http://www.gpoaccess.gov/fr/index.html.
    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 office of the Regional Air Traffic Division, Federal Aviation 
Administration, 222 West 7th Avenue 14, Anchorage, AK 99513.
    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.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal 
Regulations (14 CFR) part 71 to modify the Norton Sound Low, Woody 
Island Low, and Control 1487L Offshore Airspace Areas, AK, by lowering 
the floor to 1,200 feet MSL within a 45-mile radius of Hooper Bay 
Airport, within a 81.2-mile radius of Perryville Airport, within a 73-
mile radius of Homer Airport, and within a 73-mile radius of St. 
Michael Airport. The proposal would also modify Control 1234L Offshore 
Airspace Area, AK, by lowering the floor to 1,200 feet above the 
surface within an 81.2-mile radius of Perryville Airport, AK. 
Additionally, this proposal would establish controlled airspace to 
support IFR operations at the Hooper Bay, Perryville, Homer and St. 
Michael Airports, AK. Additionally, controlled airspace extending 
upward from the surface, from 700 above the surface, and from 1,200 
feet above the surface, would be established in Control 1234L Offshore 
Airspace Area. While reviewing this action, an error in the Control 
1234L Offshore Airspace description in FAAO 7400.9N was discovered. The 
Offshore Airspace Area Control 1234L begins at and extends west of 
160[deg]00'00'' W. longitude. This airspace covers all the land west of 
this longitude including the Aleutian Island chain and the Pribilof 
Islands. Control 1234L Offshore Airspace around or near the Alaskan 
airports of; Adak, Atka, Cold Bay, Dutch Harbor (Unalaska), Nelson 
Lagoon, Sand Point, Eareckson Air Station, St. George, Port Heiden, 
Homer, and Chignik, would be lowered from the 2,000 feet AGL floor to 
incorporate Class E domestic airspace. This action is concurrent with 
Airspace Docket No. 06-AAL-34, proposing revocation of the domestic 
airspace descriptions for these airports. Additionally, the airspace 
description in FAA Order 7400.9P for Control 1234L should refer to 
altitudes from ``above the surface''. The current description 
erroneously uses ``MSL'' for the airspace associated with the Chignik 
Airport, AK. The offshore airspace described from 1,200 feet would be 
amended to describe it from ``above the surface''.

[[Page 11306]]

Additionally, some of the current Class E5 controlled airspace around 
Kodiak Airport, AK, needs to be listed within Woody Island Offshore 
Airspace in order to be correctly described. This action addresses this 
issue and makes the correction.
    Offshore Airspace Areas are published in paragraph 6007 of FAA 
Order 7400.9P, dated September 1, 2006, and effective September 15, 
2006, which is incorporated by reference in 14 CFR 71.1. The Offshore 
Airspace Areas 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. 
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.

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. 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 is consulting with the Secretary of State and the 
Secretary of Defense in accordance with the provisions of Executive 
Order 10854.

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 Federal 
Aviation Administration Order 7400.9P, Airspace Designations and 
Reporting Points, dated September 1, 2006, and effective September 15, 
2006, is amended as follows:

Paragraph 6007 Offshore Airspace Areas.

    The Class E airspace areas listed below extend upward from a 
specified altitude to, but not including 18,000 feet MSL and are 
designated as offshore airspace areas. These areas typically provide 
controlled airspace beyond 12 miles from the coast of the United 
States in those areas where there is a requirement to provide IFR 
enroute ATC services and within which the United States is applying 
domestic ATC procedures. In Alaska, Control 1234L also covers the 
land masses of the Aleutian Island chain, west of 160[deg] West 
longitude, and the Pribilof Islands.
* * * * *

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]42'59'' N., long. 
160[deg]00'00'' W., thence east and north by a line 12 miles from 
and parallel to the shoreline to the intersection with a point 12 
miles from the U.S. coastline and lat. 68[deg]00'00'' N., to lat. 
68[deg]00'00'' N., long. 168[deg]58'23'' W., to lat. 65[deg]00'00'' 
N., long. 168[deg]58'23'' W., 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 lat. 
58[deg]06'57'' N., long. 160[deg]00'00'' W., to the point of 
beginning; and that airspace extending upward from 1,200 feet MSL 
within 13 miles west and 4 miles east of the Port Heiden NDB, AK, 
339[deg](T)/323[deg](M) bearing extending from the Port Heiden NDB, 
AK, to 25 miles northwest of the Port Heiden NDB, AK, and within 9 
miles north of the Port Heiden NDB, AK, 248[deg](T)/229[deg](M) 
bearing extending from the Port Heiden NDB, AK, to 24 miles west of 
the Port Heiden NDB, AK, and north of the Alaska Peninsula and east 
of 160[deg] West longitude within an 81.2-mile radius of Perryville 
Airport, AK, and north of the Alaska Peninsula and east of 160[deg] 
West longitude within a 72.8-mile radius of Chignik Airport, AK, and 
within a 35-mile radius of lat. 60[deg]21'17'' N., long. 
165[deg]04'01'' W., 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]09'58'' N., long. 166[deg]30'03'' W., 
and within a 30-mile radius of lat. 66[deg]19'55'' N., long. 
165[deg]40'32'' W., and within a 45-mile radius of Deering Airport, 
AK; and that airspace extending upward from 700 feet MSL within 8 
miles west and 4 miles east of the 339[deg](T)/323[deg](M) bearing 
from the Port Heiden NDB, AK, extending from the Port Heiden NDB, 
AK, to 20 miles northwest of the Port Heiden NDB, 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 long. 160[deg]00'00'' 
W., to the point of beginning; and that airspace extending upward 
from 700 feet above the surface within 5 miles south and 9 miles 
north of the 070[deg](T)/047[deg](M) radial of the Kodiak VORTAC, 
AK, extending to 17 miles northeast of the Kodiak VORTAC, AK, and 
within 8 miles north and 4 miles south of the Kodiak, AK, localizer 
front course extending

[[Page 11307]]

to 20.3 miles east of Kodiak Airport, AK; and that airspace 
extending upward from 1,200 feet MSL, within 27 miles of the Kodiak 
VORTAC, AK, extending from the 023[deg](T)/000[deg](M) radial 
clockwise to the 088[deg](T)/065[deg](M) radial and within 8 miles 
north and 5 miles south of the Kodiak localizer front course 
extending to 32 miles east of 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 (south) of the 149.5-mile 
radius of the Anchorage VOR/DME, AK, within a 73-mile radius of 
Homer Airport, AK, and south and east of the Alaska Peninsula within 
an 81.2-mile radius of Perryville Airport, 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 long. 160[deg]00'00'' 
W. 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 the surface within a 4.6-mile radius of Cold Bay Airport, AK, 
and within 1.7 miles each side of the 150[deg](T)/136[deg](M) 
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](T)/321[deg](M) bearing 
from Cold Bay Airport, AK, extending from the 4.6-mile radius to 
12.2 miles northwest of Cold Bay 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](T)/054[deg](M) 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 that airspace extending 1.2 
miles either side of the 103[deg](T)/162[deg](M) 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 6.9-mile 
radius of Eareckson Air Station, AK, and within a 6.3-mile radius of 
Nelson Lagoon Airport, AK and within a 6.4-mile radius of Sand Point 
Airport, AK, and within 3 miles each side of the 172[deg](T)/
157[deg](M) 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](T)/303[deg](M) 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](T)/309[deg](M) bearing from the Borland NDB/
DME, 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](T)/350[deg](M) 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](T)/162[deg](M) bearing from St. Paul Island Airport, AK to 
15 miles south of 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](T)/346[deg](M) 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 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](T)/026[deg](M) bearing to the 
081[deg](T)/074[deg](M) 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](T)/307[deg](M) 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](T)/056[deg](M) bearing from Cold Bay Airport, AK, extending 
from the 10.6-mile radius to 13.6 miles northeast of Cold Bay 
Airport, AK, and within a 26.2-mile radius of Eareckson Air Station, 
AK, and west of 160[deg] west longitude within an 81.2-mile radius 
of Perryville Airport, 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](T)/291[deg](M) bearing from the Dutch 
Harbor NDB, AK, to the 075[deg](T)/061[deg](M) bearing from the 
Dutch Harbor NDB, AK, and west of 160[deg] longitude within a 25-
mile radius of the Borland NDB/DME, AK, and west of 160[deg] 
longitude within a 72.8-mile radius of Chignik 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](T)/
065[deg](M) radial to the 185[deg](T)/160[deg](M) 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]08'35'' 
N., long. 147[deg]16'04'' 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, within the 73-mile radius of Homer 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](T)/181[deg](M) 
radial extending to 16 miles southwest of the Biorka Island VORTAC, 
AK.
* * * * *

    Issued in Washington, DC, on March 7, 2007.
Paul Gallant,
Acting Manager, Airspace and Rules.
[FR Doc. E7-4466 Filed 3-12-07; 8:45 am]
BILLING CODE 4910-13-P