[Federal Register: January 7, 2005 (Volume 70, Number 5)]
[Proposed Rules]
[Page 1396-1397]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07ja05-27]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2004-19813; Airspace Docket No. 04-AAL-26]
Proposed Revision of Class E Airspace; Point Lay, AK
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: This action proposes to revise the Class E airspace at Point
Lay, AK. Three new Standard instrument approach procedures (SIAP's) are
being published for Point Lay, AK. Additional Class E airspace is
needed to contain aircraft executing instrument approaches at Point Lay
Airport. Adoption of this proposal would result in additional Class E
airspace upward from 1,200 feet (ft.) above the surface at Point Lay,
AK.
DATES: Comments must be received on or before February 22, 2005.
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-2004-19813/Airspace Docket No. 04-AAL-26, 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 Services
Operations, Federal Aviation Administration, 222 West 7th Avenue, Box
14, Anchorage, AK 99513-7587.
FOR FURTHER INFORMATION CONTACT: Jesse Patterson, AAL-538G, Federal
Aviation Administration, 222 West 7th Avenue, Box 14, Anchorage, AK
99513-7587; telephone number (907) 271-5898; fax: (907) 271-2850; e-
mail: Jesse.CTR.Patterson@faa.gov. 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-2004-19813/
Airspace Docket No. 04-AAL-26.'' 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 notice may be changed in light of
comments received. All comments submitted will be available for
examination in the
[[Page 1397]]
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 Rulemakings (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 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 NPRMs 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), by adding Class E airspace at Point Lay,
AK. The intended effect of this proposal is to revise Class E airspace
upward from 1,200 ft. above the surface to contain Instrument Flight
Rules (IFR) operations at Point Lay, AK.
The FAA Instrument Flight Procedures Production and Maintenance
Branch has developed three new SIAPs for the Point Lay Airport. The new
approaches are (1) Area Navigation (Global Positioning System) ( RNAV
GPS) Runway (RWY) 5, original; (2) RNAV (GPS) RWY 23, original; and (3)
Non-directional Beacon (NDB) RWY 5, original. Revised Class E
controlled airspace extending upward from 1,200 ft above the surface
within the 46-mile radius of the Point Lay Airport would be created by
this action. The proposed airspace is sufficient to contain aircraft
executing the new instrument procedures for the Point Lay Airport.
The area would 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 in FAA Order
7400.9M, Airspace Designations and Reporting Points, dated August 30,
2004, and effective September 16, 2004, which is incorporated by
reference in 14 CFR 71.1. The Class E airspace designations 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.
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
in proposes to revise Class E airspace sufficient to contain aircraft
executing instrument approaches at Point Lay Airport 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 7400.9M, Airspace Designations and
Reporting Points, dated August 30, 2004, and effective September 16,
2004, is to be amended as follows:
* * * * *
Paragraph 6005 Class E airspace extending upward from 700 feet or
more above the surface of the earth.
* * * * *
AAL AK E5 Point Lay, AK [Revised]
Point Lay Airport, AK
(Lat. 69[deg]43'58'' N., long. 163[deg]00'19'' W.)
That airspace extending upward from 700 feet above the surface
within an 8-mile radius of the Point Lay Airport and that airspace
extending upward from 1,200 feet above the surface within a 46-mile
radius of the Point Lay Airport, excluding that airspace outside 12
nautical miles from the State of Alaska shoreline.
* * * * *
Issued in Anchorage, AK, on December 30, 2004.
Anthony M. Wylie,
Acting Area Director, Alaska Flight Services Area Office.
[FR Doc. 05-295 Filed 1-6-05; 8:45 am]
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