[Federal Register Volume 75, Number 109 (Tuesday, June 8, 2010)]
[Rules and Regulations]
[Pages 32269-32271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13624]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2010-0080; Airspace Docket No. 10-AAL-2]
Revision of Class E Airspace; Wainwright, AK
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action revises Class E airspace at Wainwright, AK, to
accommodate amended Standard Instrument Approach Procedures (SIAPs),
and one new Obstacle Departure Procedure (ODP) at Wainwright Airport.
The FAA is taking this action to enhance safety and management of
Instrument Flight Rules (IFR) operations at Wainwright Airport.
DATES: Effective 0901 UTC, July 29, 2010. The Director of the Federal
Register approves this incorporation by reference action under title 1,
Code of Federal Regulations, part 51, subject to the annual revision of
FAA Order 7400.9 and publication of conforming amendments.
FOR FURTHER INFORMATION CONTACT: Gary Rolf, 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:
[email protected]. Internet address: http://www.faa.gov/about/office_org/headquarters_offices/ato/service_units/systemops/fs/alaskan/rulemaking/.
SUPPLEMENTARY INFORMATION:
History
On Thursday, March 11, 2010, the FAA published a notice of proposed
rulemaking in the Federal Register to revise Class E airspace at
Wainwright, AK (75 FR 11480).
Interested parties were invited to participate in this rulemaking
proceeding by submitting written comments on the proposal to the FAA.
One comment was received. Refer to Figure 1 below to see the affected
airspace. The commenter agreed with the 700 foot requirement, but asked
why the 1,200 foot controlled airspace had to extend 70 miles from the
airport, and disagreed with the proposal by questioning the need to
extend that distance. The commenter asserted that if he were not able
to contact the clearance authority, it would be illegal and unsafe to
fly in controlled airspace under IFR without a clearance. The 70-mile
requirement is based on Area Navigation (RNAV) instrument approach
requirements based on what are called Terminal Arrival Areas (TAAs). A
typical approach is designed to begin at the Initial Approach Fix (IAF)
approximately 30 miles from the airport. The air traffic control's
controlled airspace requirement begins another 30 miles outside the
IAF. In this case, the extension requires a 70-mile radius.
Additionally, the commenter asserted that flights out to 70 miles in
this area are in Class G airspace. In fact, only a small portion of
Class G would be converted to Class E (approximately 5-10% of the
area). The remainder is already 1,200 foot Class E airspace associated
with airport IFR service at Barrow, Point Lay, and Atqasuk. TAA's in
Alaska are good for pilots where non-radar operations are common. They
essentially allow the arrival to be reduced to no more than two 90
degree turns to final, without extended non-radar clearances for
excessive distances. The trade off in this case is less Class G
airspace. However, even in Alaska, the Class G airspace is being
converted to Class E where other TAAs have been published, and is
quickly becoming unusable for any great distance. Regarding safety, the
commenter is correct. Should he encounter inadvertent Instrument
Meteorological Conditions (IMC) and have to climb to remain clear of
clouds, he would have to either turn to remain VMC or declare an
emergency, as he would anywhere else in the country. His comments are
reasonable and thoughtful, and we appreciate his participation in this
process. However, after consideration of the comment, the rule is
adopted as proposed.
Figure 1
[[Page 32270]]
[GRAPHIC] [TIFF OMITTED] TR08JN10.000
The Class E airspace areas designated as 700/1,200 ft. transition
areas are published in paragraph 6005 of 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
will be published subsequently in the Order.
The Rule
This action amends Title 14 Code of Federal Regulations (14 CFR)
part 71 by revising Class E airspace at Wainwright Airport, AK, to
accommodate amended RNAV SIAPs, and a new ODP at Wainwright Airport.
This Class E airspace will provide adequate controlled airspace upward
from 700 and 1,200 feet above the surface for safety and management of
IFR operations at Wainwright Airport.
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. Because this is 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 procedures for the Wainwright 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).
[[Page 32271]]
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; AIR TRAFFIC SERVICE 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 7400.9T, Airspace Designations and Reporting
Points, signed August 27, 2009, and effective September 15, 2009, 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 Wainwright, AK [Revised]
Wainwright Airport, AK
(Lat. 70[deg]38'17'' N., long. 159[deg]59'41'' W.)
That airspace extending upward from 700 feet above the surface
within an 8.5-mile radius of the Wainwright Airport, AK; and that
airspace extending upward from 1,200 feet above the surface within a
73-mile radius of the Wainwright Airport, AK, excluding that portion
extending outside the Anchorage Arctic CTA/FIR (PAZA) boundary.
* * * * *
Issued in Anchorage, AK, on May 26, 2010.
Michael A. Tarr,
Acting Manager, Alaska Flight Services Information Area Group.
[FR Doc. 2010-13624 Filed 6-7-10; 8:45 am]
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