[Federal Register: January 13, 2005 (Volume 70, Number 9)]
[Rules and Regulations]
[Page 2346-2347]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13ja05-11]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2004-19361; Airspace Docket No. 04-AAL-21]
Establishment of Class E Airspace; Prospect Creek, AK
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action establishes Class E airspace at Prospect Creek, AK
to provide adequate controlled airspace to contain aircraft executing
Special Instrument Approach Procedures. This Rule results in new Class
E airspace upward from 700 feet (ft.) above the surface at Prospect
Creek Airport, AK.
EFFECTIVE DATE: 0901 UTC, March 17, 2005.
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;
email: Jesse.ctr.Patterson@faa.gov. Internet address: http://www.alaska.faa.gov/at
.
SUPPLEMENTARY INFORMATION:
History
On Wednesday, November 3, 2004, the FAA proposed to revise part 71
of the Federal Aviation Regulations (14 CFR part 71) to create new
Class E airspace upward from 700 ft. above the surface at Prospect
Creek, AK (69 FR 63978). The action was proposed in order to establish
Class E airspace sufficient in size to contain aircraft while executing
Special Instrument Approach Procedures at the Prospect Creek Airport.
New Class E controlled airspace extending upward from 700 ft. above the
surface at the Prospect Creek Airport is established by this action.
The coordinates for the Prospect Creek Airport and Prospect Creek Non-
Directional Beacon (NDB) were incorrectly listed in the Notice of
Proposed Rulemaking and are corrected in the Final Rule. Interested
parties were invited to participate in this rulemaking proceeding by
submitting written comments on the proposal to the FAA. No public
comments have been received, thus, the rule is adopted as proposed, but
with the corrected coordinates for the Prospect Creek Airport and the
Prospect Creek NDB.
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
7400.9M, 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 designation listed in
this document will be published subsequently in the Order.
The Rule
This revision to 14 CFR part 71 establishes Class E airspace at
Prospect Creek Airport, Alaska. This additional Class E airspace was
created to accommodate aircraft executing Special Instrument Flight
Procedures and will be depicted on aeronautical charts for pilot
reference. The intended effect of this rule is to provide adequate
controlled airspace for IFR operations at Prospect Creek Airport,
Alaska.
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.
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 creates Class E airspace sufficient in size to contain aircraft
executing Instrument Approach Procedures for the Prospect Creek 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).
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 7400.9M, Airspace Designations and Reporting
Points, dated August 30, 2004, and effective September 16, 2004, is
amended as follows:
* * * * *
Paragraph 6005 Class E airspace extending upward from 700 feet or
more above the surface of the earth.
* * * * *
AAL AK E5 Prospect Creek, AK [New]
Prospect Creek Airport, AK
(Lat. 66[deg]48'51'' N., long. 150[deg]38'37'' W.)
Prospect Creek NDB
(Lat. 66[deg]49'03'' N., long. 150[deg]38'03'' W.)
That airspace extending upward from 700 feet above the surface
within a 4.2-mile radius of the Prospect Creek NDB and that
[[Page 2347]]
airspace 4 miles either side of the 096[deg] bearing to the Prospect
Creek NDB from the 4.2 mile radius out to 8 miles.
* * * * *
Issued in Anchorage, AK, on January 5, 2005.
Anthony M. Wylie,
Acting Area Director, Alaska Flight Services Area Office.
[FR Doc. 05-663 Filed 1-12-05; 8:45 am]
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