[Federal Register: February 25, 2004 (Volume 69, Number 37)]
[Rules and Regulations]
[Page 8560-8562]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25fe04-9]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2003-16342; Airspace Docket No. 03-AAL-15]
Establishment of Class E Airspace; Southeast, AK
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action establishes Class E airspace over Southeast
Alaska. Creation of Class E controlled airspace is needed to contain
aircraft that will be flying new Area Navigation (RNAV) Routes created
in support of the Capstone Initiative. The RNAV Routes established
throughout Southeast Alaska will require the use of Global Positioning
System (GPS) Wide Area Augmentation System (WAAS) avionics. Anchorage
Air Route Traffic Control Center (ANC ARTCC) will utilize this
controlled airspace to provide Air Traffic Control (ATC) services to
aircraft that will be flying Southeast Alaska RNAV Routes under
Instrument Flight Rules (IFR). The RNAV Routes will permit flight at
significantly lower altitudes than those available on airways
constructed from land based Navigational Aids (NAVAIDS).
EFFECTIVE DATE: 0901 UTC, June 10, 2004.
FOR FURTHER INFORMATION CONTACT: Derril Bergt, AAL-531, Federal
Aviation Administration, 222 West 7th Avenue, Box 14, Anchorage, AK
99513-7587; telephone number (907) 271-2796; fax: (907) 271-2850;
email: Derril.Bergt@faa.gov. Internet address: http://www.alaska.faa.gov/at
.
SUPPLEMENTARY INFORMATION:
History
On Wednesday, November 19, 2003, the FAA proposed to revise part 71
of the Code of Federal Regulations (14 CFR part 71) to create new Class
E airspace extending upward from 1,200 ft. above the surface over
Southeast AK (68 FR 65225). The action was necessary because Class E
airspace is needed that is sufficient in size to contain aircraft while
flying new RNAV Routes (GPS-WAAS Required) that will be established in
support of the Capstone program. The Class E airspace created by this
action will enable ATC to provide IFR service to aircraft flying
enroute and connecting to Standard Instrument Approach Procedures
(SIAP) to and from various airports throughout Southeast Alaska. The
effect of this proposal is to: (1) Provide adequate controlled airspace
for commercial air carriers and others conducting IFR operations in
Southeast Alaska, (2) validate new operational procedures and equipment
in the IFR environment, (3) provide an enroute IFR structure for
operations that can be flown safely at significantly lower altitudes
than those permitted on airways defined on land based NAVAIDS, and (4)
provide IFR access via Public and Special approach and departure
procedures to airports not otherwise able to connect to the IFR
infrastructure. ATC will provide IFR services within the new Class E
airspace. The establishment of Class E airspace in this rule will have
an impact on pilot's flight visibility and cloud avoidance requirements
while flying under VFR, during the day above 1,200
[[Page 8561]]
feet Above Ground Level (AGL) and below 10,000 feet Mean Sea Level
(MSL). The pilot's flight visibility requirement increases to three (3)
statute miles. VFR weather minimums are shown in the following table
extracted from 14 CFR 91.155 Basic VFR weather minimums:
Basic VFR Weather Minimums
----------------------------------------------------------------------------------------------------------------
Flight Visibility
(statute mile) Distance from clouds
----------------------------------------------------------------------------------------------------------------
Class G (uncontrolled):
1,200 feet or less AGL, day............ 1 Clear of Clouds.
1,200 feet or less AGL, night.......... 3 500 feet below.
1,000 feet above.
2,000 feet horizontal.
1,200 feet or more and less than 10,000 1 500 feet below.
feet MSL, day. 1,000 feet above.
2,000 feet horizontal.
1,200 feet or more and less than 10,000 3 500 feet below.
feet MSL, night. 1,000 feet above.
2,000 feet horizontal.
More than 1,200 feet AGL and at or 5 1,000 feet below.
above 10,000 feet MSL. 1,000 feet above.
1 statute mile horizontal.
Class E (controlled):
Less than 10,000 feet MSL.............. 3 500 feet below.
1,000 feet above.
2,000 feet horizontal.
At or above 10,000 feet MSL............ 5 1,000 feet below.
1,000 feet above.
1 statute mile horizontal.
----------------------------------------------------------------------------------------------------------------
Interested parties were invited to participate in this rulemaking
proceeding by submitting written comments on the proposal to the FAA.
The comment period closed on January 5, 2004.
One letter commenting on the proposal was received. The commenter
made the following recommendations:
Return Petersburg and Wrangell CTAF to Sitka Radio.
Return Gustavus CTAF to Juneau Radio.
The FAA disagrees with these two proposals. Previous evaluations of
the assignments of CTAF frequencies to Juneau, Gustavus, Sitka,
Wrangell, and Petersburg have concluded that CTAF and In-flight
Position frequency congestion have been a problem when too many
airports share a single frequency. This is the case at Juneau and
Gustavus, and at Wrangell, Petersburg and Sitka. The nature of
communications between the FSS/AFSS and pilots frequently require
lengthy transmissions (flight-plans, pilot reports, weather briefings,
etc.) that tie up frequencies when other information needs to be
exchanged in a timely manner, e.g., CTAF traffic information. It has
become necessary to separate the CTAFs from the In-flight Position
frequencies in order to accomplish and/or allow all the functions that
are needed. This is especially true in the busy summer months. Users
benefit from the frequency separation by being able to exchange traffic
with each other on frequencies that are unimpeded by lengthy
transmissions not pertinent to airport environs.
Evaluate the proposed ZAN [Anchorage Air Route Traffic Control
Center] Sector 8/Sector 68 divide between Petersburg and Wrangell so
that one controller handles the IFR and Special VFR traffic
throughout SE Alaska, or at a minimum, between Petersburg and
Wrangell.
The FAA has accomplished this action and has made a split between
high altitude and low altitude traffic. Sector 8 now handles all SE
Alaska traffic (below FL270), whether IFR or Special VFR. Sector 68
handles the majority of the high-altitude (FL 270 and above) traffic
that used to be handled by Sector 8.
With anticipated increase of IFR traffic into Juneau, staff the
Juneau Tower full time. (In the past, allowing JNU FSS personnel to
work out of JNU Tower was beneficial and may be an adequate
alternative to full-time staffing of the Tower.)
The FAA disagrees with this comment. Juneau Airport Traffic Control
Tower (JNU ATCT) is staffed to match airport demand. However, an
enhancement to airport advisories from the JNU AFSS that are currently
available when the JNU ATCT is closed, are planned. A one-year test
using ADS-B surveillance for airborne traffic and ground vehicles, that
are appropriately equipped, on the JNU Airport is planned to begin in
the summer of 2005. Transponder equipped aircraft will be included when
milti-lateration becomes available.
In the past, JNU AFSS personnel have worked in JNU ATCT only for
short periods when the FSS/AFSS was unavailable due to construction
activities, e.g., when the FSS was decommissioned and the AFSS was
commissioned. The FAA has not routinely staffed the JNU ATCT with FSS
or AFSS personnel. This concept would require extensive communications
and equipment remodeling, as well as re-certification of personnel. JNU
ATCT does not have the room to house the equipment necessary to support
the AFSS function.
The area will be depicted on aeronautical charts for pilot
reference. The coordinates for this airspace docket are based on North
American Datum 83. The Class E airspace areas designated as 700/1200
foot transition areas are published in paragraph 6005 of FAA Order
7400.9L, Airspace Designations and Reporting Points, dated September 2,
2003, and effective September 16, 2003, which is incorporated by
reference in 14 CFR 71.1. The Class E airspace designation listed in
this document will be revoked and revised subsequently in the Order.
The Rule
This revision to 14 CFR part 71 establishes Class E airspace over
Southeast Alaska within an area beginning at lat.
5854'25.2'' N. long. 13731'55.3'' to lat.
5838'33.2'' N., long.
[[Page 8562]]
13812'21.25'' W., thence southeast along the offshore
airspace 12 nautical miles west of and parallel to the shoreline to the
point of intersection with the Alaska/Canada Border, thence along the
Alaska/Canada Border to the point of beginning excluding that airspace
designated for federal airways.
The FAA has determined that this 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 a routine matter that will
only affect air traffic procedures and air navigation, it is certified
that this rule will not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
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, CLASS B, CLASS C, CLASS D, AND
CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS
0
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]
0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.9L, Airspace Designations and Reporting
Points, dated September 2, 2003, and effective September 16, 2003, is
amended as follows:
Paragraph 6006 En Route Domestic Airspace Areas.
* * * * *
AAL AK E6 Southeast, AK [New]
That airspace extending upward from 1,200 feet AGL to the base
of overlaying Class E airspace above 14,500 feet MSL, within an area
beginning at lat. 5854'25.2'' N. long.
13731'55.3'' W. to lat. 5838'33.2'' N.
long. 13812'21.25'' W., thence southeast along the
offshore airspace 12 nautical miles west of and parallel to the
shoreline to the point of intersection with the Alaska, United
States/Canada Border, thence along the Alaska, United States/Canada
Border to the point of beginning excluding that airspace designated
for federal airways and excluding that airspace within the
Ketchikan, AK Class E5, the Klawock, AK Class E5, the Wrangell, AK
Class E5, the Petersburg, AK Class E5, the Kake, AK Class E5, the
Sitka, AK Class E5, and the Juneau, AK Class E5 airspace areas.
* * * * *
Issued in Anchorage, AK, on February 13, 2004.
Judith G. Heckl,
Manager, Air Traffic Division, Alaskan Region.
[FR Doc. 04-4175 Filed 2-24-04; 8:45 am]
BILLING CODE 4910-13-P