[Federal Register Volume 73, Number 212 (Friday, October 31, 2008)]
[Rules and Regulations]
[Pages 64881-64883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25941]


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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]
BILLING CODE 4910-13-P