[Federal Register Volume 75, Number 105 (Wednesday, June 2, 2010)]
[Proposed Rules]
[Pages 30746-30747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13138]



[[Page 30746]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2010-0445 Airspace Docket No. 10-AAL-13]


Proposed Revocation and Establishment of Class E Airspace; 
Northeast, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to revoke and establish Class E airspace 
in Northeast Alaska. The recent removal of a Colored Federal Airway 
near Kaktovik, AK, duplication of controlled airspace near Mentasta 
Lake, AK, and the establishment of one Special Area Navigation Standard 
Instrument Approach Procedure (SIAP) at Eagle Airport, AK, have made 
these actions necessary to enhance safety and management of Instrument 
Flight Rules (IFR) operations.

DATES: Comments must be received on or before July 19, 2010.

ADDRESSES: Send comments on the proposal to the Docket Management 
Facility, U.S. Department of Transportation, 1200 New Jersey Avenue, 
SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-
0001. You must identify the docket number FAA-2010-0445/Airspace Docket 
No. 10-AAL-13 at the beginning of your comments. You may also submit 
comments on the Internet at http://www.regulations.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 Service 
Operations, Federal Aviation Administration, 222 West 7th Avenue, Box 
14, Anchorage, AK 99513-7587.

FOR FURTHER INFORMATION CONTACT: Gary Rolf, Federal Aviation 
Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513-7587; 
telephone number (907) 271-5898; fax: (907) 271-2850; e-mail: 
[email protected]. Internet address: http://www.faa.gov/about/office_org/headquarters_offices/ato/service_units/systemops/fs/alaskan/rulemaking/.

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-2010-0445/
Airspace Docket No. 10-AAL-13.'' 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 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://www.regulations.gov. Recently published rulemaking 
documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any 
comments received, and any final disposition, in person in the Federal 
Docket Management System 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 Alaska Flight Services Information 
Area Group. Persons interested in being placed on a mailing list for 
future NPRM's 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

    This action proposes to amend Title 14 Code of Federal Regulations 
(14 CFR) part 71 by revoking and establishing Class E airspace in 
Northeast Alaska, to accommodate a removed Colored Federal Airway 
(G16), duplication of controlled airspace near Mentasta Lake, AK, and 
the establishment of a new Special SIAP at Eagle Airport, AK. The new 
Class E airspace would provide adequate controlled airspace upward from 
1,200 feet above the surface, to allow commercial air operations 
through what is now uncontrolled airspace above 1,200 feet. Air 
carriers providing service to Eagle, AK, must currently operate under 
Visual Flight Rules (VFR). With the establishment of an instrument 
approach at Eagle Airport, the uncontrolled airspace primarily 
extending to the west from the Eagle Airport, must be converted into 
controlled airspace. In the case of Eagle's instrument approach, the 
necessary controlled airspace will not extend far enough westward to 
connect with controlled airspace to the west. The required airspace 
designation is classified as E6 Enroute Domestic Airspace and is 
provided for the safety and management of IFR operations access at 
Eagle Airport. Additionally, with the evolution and expansion of 
controlled airspace serving the airports of Tok Junction, Northway and 
Gulkana AK, the Mentasta Lake/Mountains Area Class E6 Enroute Airspace 
is no longer necessary.
    The Class E airspace areas designated as 700/1200 foot transition 
areas are published in paragraph 6006 in FAA Order 7400.9T, Airspace 
Designations and Reporting Points, signed August 27, 2009, and 
effective September 15, 2009, which is incorporated by reference in 14 
CFR 71.1. The Class E airspace designations listed in this document 
would be subsequently published 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

[[Page 30747]]

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. Because 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 
it proposes to revoke Class E airspace in Northeast Alaska, and 
establish Class E airspace to allow access at Eagle Airport, Eagle, AK, 
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; AIR TRAFFIC SERVICE 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 7400.9T, Airspace Designations and 
Reporting Points, signed August 27, 2009, and effective September 15, 
2009, is to be amended as follows:
* * * * *

Paragraph 6006 En Route Domestic Airspace Areas.

* * * * *

AAL AK E6 Northeast, AK [New]

That airspace extending upward from 1,200 feet above the surface 
within an area beginning at lat. 63[deg]55'00'' N. long. 
141[deg]00'00'' W., then westward along a line of latitude to 
63[deg]55'00'' N. long 144[deg]00'00'' W., to 65[deg]30'00'' N. long 
144[deg]00'00'' W., then eastward along a line of latitude to 
65[deg]30'00'' N. 144[deg]00'00'' W., to the point of beginning.
* * * * *

AAL AK E6 Barter Island, AK [Removed]

* * * * *

AAL AK E6 Mentasta Lake/Mountains Area, AK [Removed]

    Issued in Anchorage, AK, on May 7, 2010.
Anthony M. Wylie,
Manager, Alaska Flight Services Information Area Group.
[FR Doc. 2010-13138 Filed 6-1-10; 8:45 am]
BILLING CODE 4910-13-P