[Federal Register Volume 64, Number 59 (Monday, March 29, 1999)]
[Rules and Regulations]
[Pages 14972-14978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7625]



[[Page 14971]]

_______________________________________________________________________

Part II





Department of Transportation





_______________________________________________________________________



Federal Aviation Administration



_______________________________________________________________________



14 CFR Part 93



Anchorage, Alaska, Terminal Area; Final Rule

  Federal Register / Vol. 64, No. 59 / Monday, March 29, 1999 / Rules 
and Regulations  

[[Page 14972]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 93

[Docket No. 29029; Amendment No. 93-77]
RIN 2120-AG45


Anchorage, Alaska, Terminal Area

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends regulations regarding aircraft operations 
in the Anchorage, Alaska, Terminal Area. Specifically, this action 
revises the description of the Anchorage, Alaska, Terminal Area and the 
Communications requirements for operating in the area; adds a new 
segment, with communication and operating requirements, east of 
Anchorage International Airport; changes the altitude requirement for 
one segment; makes minor editorial changes; and removes appendix A of 
part 93. In addition, this rule addresses two minor inadvertent 
omissions of information pertaining to the boundary realignments of the 
International and Bryant segments of the Alaska Terminal Area. The FAA 
is taking this action to enhance safety and to simplify aircraft 
operating procedures in the Anchorage, Alaska, Terminal Area.

EFFECTIVE DATE: 0901 UTC, June 17, 1999.

ADDRESSES: Any person may obtain a copy of this rule by submitting a 
request to the FAA, Office of Rulemaking, 800 Independence Avenue, SW, 
Washington, DC 20591, or by calling (202) 267-8783. Communications must 
identify the docket/amendment number of the rule. Persons interested in 
being placed on a mailing list for future rules should call the FAA's 
Office of Rulemaking, (202) 267-9677.
    An electronic copy of this document may be downloaded using a modem 
and suitable communications software from the FAA regulations section 
of the Fedworld electronic bulletin board service (telephone: 703-321-
3339) or the Federal Register's electronic bulletin board service 
(telephone: 202-512-1661.
    Internet users may reach the FAA's web page at http://www.faa.gov 
or the Federal Register's web page at http://www.access.gpo.gov/
su__docs for access to recently published rulemaking documents.

FOR FURTHER INFORMATION CONTACT:
Bill Nelson, Airspace and Rules Division, ATA-400, Office of Air 
Traffic Airspace Management, Federal Aviation Administration, 800 
Independence Avenue, SW., Washington, DC 20591; telephone (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Background

    On December 17, 1991, the FAA published, in the Federal Register, 
the Airspace Reclassification Final Rule (56 FR 65638). This rule 
reclassified various airspace designations and deleted the term 
``Airport Traffic Area.'' These changes were designed to apply to all 
similarly designated airspace areas. However, Title 14 of the Code of 
Federal Regulations (14 CFR) part 93, subpart D was not amended to 
reflect the airspace reclassification effort.
    In this action, the FAA amends the regulations set forth at part 
93, subpart D, to reflect airspace designations in the vicinity of 
Anchorage, Alaska. The FAA replaces the term ``Airport Traffic Area'' 
with the new term ``Terminal Area'' throughout part 93, subpart D. 
Additionally, this action deletes reference in part 93, subpart D, to 
Bryant airport traffic control tower (ATCT) which was decommissioned on 
September 27, 1995, and Anchorage Flight Service Station (FSS) which 
was decommissioned on June 19, 1993. When these facilities were 
decommissioned, no corresponding changes were initiated to amend part 
93, subpart D, to reflect the closure. Further, this rule establishes a 
new Seward Highway segment with communication requirements for aircraft 
operating in this segment.

Public Input

    On October 1, 1997, the FAA published a notice of proposed 
rulemaking in the Federal Register (Notice No. 97-14; 62 FR 51564) 
proposing to amend the regulations regarding the Anchorage, Alaska, 
Terminal Area, in the following manner: (1) revising the description of 
the Anchorage, Alaska, Terminal Area and the communication requirements 
for operating in the area; (2) adding a new segment with communication 
requirements east of Anchorage International Airport; (3) changing 
several altitude requirements; (4) modifying the vertical limits of 
certain segments; (5) updating the communications requirements for 
operations in several segments due to the decommissioning of certain 
air traffic control facilities; (6) removing appendix A of part 93; and 
(7) making minor editorial changes.
    Interested persons were invited to participate in this rulemaking 
proceeding by submitting written comments on the proposal to the FAA. 
The FAA received 11 written comments in response to the proposal to 
modify the Anchorage, Alaska, Terminal Area (Notice 97-14). These 
commenters included the following parties: the Air Transport 
Association; Anchorage International Airport; Alaskan Aviation Safety 
Foundation; Alaska Airmen's Association, Inc.; Department of the Army; 
State of Alaska Department of Transportation and Public Facilities; and 
other concerned citizens. All comments received were considered before 
making a determination on this final rule. The following is an analysis 
of the substantive comments received and the Agency's responses.

Analysis of Comments

Lake Hood Segment

    The FAA received several comments both opposing and/or supporting 
the proposal to revise the Lake Hood segment by raising the altitude to 
1,000 feet mean sea level (MSL). Some of the commenters raised the 
following objections: (1) the resulting extended airport patterns would 
increase fuel costs; (2) the higher climb requirements would increase 
noise levels; (3) the reduced separation of aircraft operating into and 
out of Lake Hood and Anchorage International Airport would diminish 
safety; and (4) the use of special visual flight rules (VFR) procedures 
would be lost in minimal weather conditions.
    The FAA, after further review and technical evaluation, agrees with 
those commenters objecting to the action and is, therefore, withdrawing 
the proposal to raise the Lake Hood segment altitude to 1,000 feet MSL.

Seward Segment

    The FAA received several comments opposing the proposed 
establishment of the Seward segment because they did not believe that 
traffic volume warranted establishment of a new segment. These 
commenters suggested that leaving the temporary Class D in effect was 
sufficient to protect aircraft operations.
    The FAA does not agree with these commenters. The Anchorage Class C 
airspace structure is nonstandard by design to accommodate military, 
general aviation, and commercial air carrier users flying in and out of 
the following six airports in the Anchorage Terminal Area: Anchorage 
International Airport; Merrill Field; Elmendorf Air Force Base (AFB); 
Lake Hood Seaplane Base; Lake Hood Airstrip; and Bryant Airport. The 
FAA, established temporary Class D airspace to accommodate construction

[[Page 14973]]

of Runway 14/32 at Anchorage International Airport. This airspace was 
established to ensure that aircraft operating east of the Seward 
Highway, not in Class C airspace, continue to receive traffic 
advisories and conflict alerts.
    While the temporary Class D airspace was operational, Anchorage 
Approach Control, Lake Hood Tower, and Merrill Tower provided flight 
safety information such as traffic alerts, wake turbulence advisories, 
and other safety-related services to all IFR and VFR users in the 
airspace. The temporary Class D ATC communication and operating 
requirements provided greater safety for all the users of the airspace 
which prompted air traffic management to consider permanent operating 
requirements by converting the temporary Class D airspace to the Seward 
segment.
    The departure/arrival corridor, however, does not meet all of the 
requirements for Class D airspace (ATC tower, airport, weather 
reporting) and therefore the Class D airspace designation was not 
considered as a permanent alternative. Consequently, the FAA has 
established the new Seward segment.
    This new area is designed to accommodate users who do not wish to 
communicate with ATC. The area will allow aircraft to circumnavigate 
the segment without significant change to planned flight routes and/or 
use of operational procedures to enter or exit the segment.

Terminal Area Ceiling

    Several commenters suggested that all segments of the Anchorage 
Terminal Area ceiling be made uniform and, further, recommended that it 
be no lower than 900 feet MSL and no higher than 1,200 feet MSL.
    The FAA does not agree with these suggestions because of safety 
concerns. The special air traffic rules protecting the arrival and 
departure routes into and out of Anchorage International Airport and 
Elmendorf Air Force Base were adopted to meet the unique operational 
requirements of the six airports in the Anchorage Terminal Area. Due to 
the close proximity of these six airports, the potential for incidents 
or accidents between IFR and VFR aircraft would significantly increase 
if the ceiling altitudes were uniform. The FAA believes that by placing 
these special flight altitude restrictions on the various segments in 
the Anchorage Terminal Area, and implementing corresponding operating 
procedures, the air traffic system will be more efficient and airspace 
management for the Anchorage, Alaska, Terminal Area will improve.

Environmental Concerns

    Several commenters expressed concern that noise levels would 
necessarily increase over the Seward segment, and questioned why an 
Environmental Impact Study (EIS) had not been prepared.
    The FAA does not believe that noise will be increased due to the 
changes proposed since this action does not lower existing operational 
altitudes, nor does it change the special air traffic rules addressing 
operational altitudes.
    FAA Order 1050.1, Policies and Procedures for Considering 
Environmental Impacts, categorically excludes certain airspace actions 
from an EIS when it is determined by the Agency that the action(s), 
individually or cumulatively, will not have a significant impact on the 
human environment. Thus, the FAA determined that an EIS was not 
necessary.

Common Traffic Advisory Frequency (CTAF)

    Several commenters did not agree with the communication requirement 
for Merrill Field ATCT during the periods when it is not in operation. 
They suggested continued use of the voluntary CTAF when the Merrill 
Field ATCT is closed. Suggestions were also received to use Anchorage 
ATCT as the ATC contact frequency.
    The FAA does not agree with these commenters. The communication 
requirements specified in this rule simplify communication procedures 
and provide ATC a direct means of conveying flight safety information 
such as traffic alerts, wake turbulence advisories, and other safety-
related services to users of the airspace. Since CTAF is not an ATC 
frequency, ATC safety advisories are not available through that source.
    The FAA believes that Anchorage Approach Control is the best ATC 
facility in the Anchorage Terminal Area to convey military, commercial 
air carrier and general aviation traffic alerts, wake turbulence 
advisories, and other safety-related services for Merrill Field users 
when the Merrill Field Tower is closed. Anchorage ATCT cannot perform 
this function because it would not be aware of all IFR and special VFR 
traffic arriving and departing Elmendorf AFB or Merrill Field. 
Anchorage Approach Control has that information and is equipped with 
radar to provide ATC services.
    Special flight rules for arriving and departing the Anchorage 
Terminal Area are required by 14 CFR part 93. This rule requires that 
specific altitudes be used which provide minimum altitudes of 300 feet 
vertically for separation between segments. Anchorage Approach Control 
handles all IFR arrival and departure traffic into Anchorage 
International Airport, Elmendorf AFB, Merrill Field, Lake Hood 
airstrip, Lake Hood Seaplane Base, and Bryant Airport. During periods 
requiring special VFR flight procedures or IFR procedures in the 
Anchorage Terminal Area, Anchorage Approach Control provides ATC for 
the following events: separation between aircraft on the Elmendorf 
final approach to runway 5; departures from Elmendorf runway 23; 
aircraft flying over the Knik Arm in the Merrill Segment; and any 
aircraft on a deviation from procedures directed by this rule.
    In consideration of the above, the FAA finds that the existing 
aircraft operating procedures in the Merrill segment, in conjunction 
with the communication procedures contained in this rule, meet ATC 
operational requirements and improve safety in the Anchorage, Alaska, 
Terminal Area.

Bryant and Elmendorf Segments

    The FAA received two comments regarding proposed changes to the 
Bryant segment. One commenter suggested that the segment be eliminated 
since it has no control tower. Additionally, a comment from the U.S. 
Army requested that the Bryant segment remain published because of its 
importance to Army aviation requirements. The Army further recommended 
that the northern boundary of the Elmendorf segment be aligned with the 
adjoining restricted area 2203C (R-2203C).
    Although the Bryant segment does not have an operational control 
tower, appropriate communication procedures are in place. The FAA 
concurs, therefore, with the U.S. Army's request to retain the Bryant 
segment and to align the northwestern boundary of the Elmendorf segment 
with R-2203C.

Appendix A

    One commenter suggested that the FAA not remove the appendix 
(appendix A) from part 93, subpart D, which depicts the Anchorage, 
Alaska, Terminal Area and associated traffic patterns.
    The FAA does not agree with this suggestion. The FAA is removing 
appendix A from part 93, subpart D, because graphical depictions of the 
Anchorage, Alaska, Terminal Area and associated airport traffic 
patterns are published on appropriate Alaska

[[Page 14974]]

aeronautical charts and publications that are readily available to the 
aviation community. Aeronautical publications (e.g., VFR Terminal Area 
Chart, Anchorage, Sectional Aeronautical Chart) are up-dated more 
frequently than the Code of Federal Regulations and, therefore, are a 
better source for this type of information.

The Rule

    This action amends part 93, subpart D, regarding the Anchorage, 
Alaska, Terminal Area. Specifically, this action makes the following 
amendments: (1) revises the description of the Terminal Area; (2) 
reconfigures the boundaries of several existing segments; (3) updates 
certain communication requirements for operating in the Terminal Area 
due to the decommissioning of certain air traffic control facilities; 
(4) changes the altitude requirement of one segment; (5) adds a new 
segment, with communication requirements, east of Anchorage 
International Airport; (6) removes appendix A of part 93; and (7) makes 
minor editorial changes.
    The FAA is taking this action to enhance safety, simplify aircraft 
operating procedures, and improve the efficiency of airspace management 
in the Terminal Area.

Section 93.51--Applicability

    The FAA is replacing the term ``Airport Traffic Area'' with the new 
term ``Terminal Area.'' This change incorporates terminology 
implemented by the Airspace Reclassification Final Rule and appears 
throughout part 93.

Section 93.53--Description of Area

    The FAA is amending the description and boundaries of the 
Anchorages, Alaska, Terminal Area. Currently, Sec. 93.53 describes the 
Terminal Area both in terms of its geographical boundaries and vertical 
dimensions. The FAA is limiting the description of the Terminal Area, 
in this section, to geographical boundaries and is deleting reference 
to any vertical dimension.

Section 93.55--Subdivision of Area: New Seward Highway Segment

    The FAA is modifying the description of the Terminal Area segment 
areas described in Sec. 93.55. Currently, the segment areas of the 
Anchorage Terminal Area are described by reference to geographical 
boundaries. The vertical dimensions of the segment areas as defined in 
the current Sec. 93.53 provide a uniform altitude of up to 3,000 feet 
mean sea level (MSL). This section describes the segment areas 
geographically and vertically to conform with other operational changes 
within each segment and adds the Seward Highway segment by designating 
a new paragraph (f).

Section 93.57--General Rules: All Segments

    This section describes general rules for operations conducted in 
all segments of the Terminal Area. The FAA is adding the Seward Highway 
segment to Sec. 93.57(a) and Sec. 93.57(e). The FAA is also adding the 
Bryant segment operational requirements to the exceptions listed in 
Sec. 93.57(d) and Sec. 93.57(e).

Section 93.59--General Rules: International Segment

    In the NPRM, the FAA inadvertently omitted the proposal to redefine 
a portion of the International segment along the arc boundary of the 
Anchorage, Alaska, Terminal Area. Modification of the International 
segment reconfigures the outer area along the 5.2 nautical mile (NM) 
radius of the Anchorage International Airport to include a necessary 
extension where the arc terminates, to the north near Point MacKenzie, 
and to the south where it intercepts the New Seward Highway. The 
reconfiguration of the International segment along the 5.2 NM arc 
boundary coincides with the overlying and established Anchorage Class C 
airspace area. Incorporating this change simplifies the chart 
depiction; however, it does not modify existing aircraft operational or 
communication requirements to enter the segment or airspace area. 
Pilots who elect to operate in this area must follow existing 
procedures and guidelines as published in 14 CFR and/or other 
appropriate aeronautical publications.

Section 93.61--General Rules: Lake Hood Segment

    In the NPRM, the FAA proposed raising the operational altitude in 
the Lake Hood segment from 600 to 1000 feet MSL. However, after further 
evaluation the FAA determined that modifying the Lake Hood segment 
would adversely impact established arrival and departure procedures 
into and out of the Lake Hood segment. Therefore, the FAA has withdrawn 
that portion of the proposal. The current procedures provide adequate 
altitude separation between Lake Hood arrivals and departures, thereby 
reducing the potential for altitude conflict in the vicinity of the 
Lake Hood and Merrill segments. In addition, the Lake Hood Segment 
procedures currently in effect allow General Aviation (GA) to operate 
below the arrival traffic to runway 14 into Anchorage International 
Airport.

Section 93.63--General Rules: Merrill Segment

    The Merrill segment remains unchanged with the exception of the 
communication requirement for those times when Merrill Tower is not in 
operation. The FAA believes that the use of CTAF when the Merrill Tower 
is not in operation compromises safety because safety advisories such 
as traffic and wake turbulence are unavailable through CTAF since it is 
not an assigned or used ATC frequency. Therefore, the FAA is requiring 
operators to contact Anchorage Approach Control.

Section 93.65--General Rules: Elmendorf Segment

    The special traffic operational altitude in the Elmendorf segment 
is raised from 700 to 800 feet MSL due to the growth of trees. The FAA 
determined that raising the altitude by 100 feet will give those 
operators who elect to operate within this segment additional 
maneuvering airspace for aircraft operations. Subparagraph (f) is added 
to inform users of the exclusionary area when aircraft operators are in 
VFR conditions in the vicinity of Sixmile Lake below 600', and to 
support communication procedures for Elmendorf AFB aircraft operators.

Section 93.67--General Rules: Bryant Segment

    The southeastern boundary of the Bryant segment is reconfigured to 
support egress and ingress, as well as other flight operations into and 
out of the Bryant Army Heliport. Subparagraph (b) aircraft 
communication requirements and aircraft operating procedures are 
simplified due to the closure of the Bryant Tower.

Section 93.68--General Rules: Seward Segment

    The Seward segment is established to enhance the efficiency of air 
traffic management due to the increase of both VFR and IFR aircraft 
operations. This action decreases the potential of incident or accident 
in this segment.

Section 93.69--General Rules: Lake Campbell and Sixmile Lake

    The FAA is amending Sec. 93.69 to remove the reference to appendix 
A. The discussion of Sec. 93.69 changes was inadvertently left out of 
the NPRM; however, the Analysis of the Proposed Changes section in the 
NPRM did explain the rationale for deleting appendix A to part 93. 
Currently, there are aeronautical charts that graphically depict the 
Anchorage, Alaska, Terminal Area. These charts are updated

[[Page 14975]]

frequently without the requirement of any rulemaking action. Current 
information can be obtained by consulting appropriate Notices to Airmen 
and other flight information publications. Conversely, appendix A to 
part 93--Anchorage Airport Traffic Area: Traffic Patterns--requires 
rulemaking action to change, thus delaying essential aeronautical 
information required for the safety of flight. Therefore, appendix A 
has been removed from part 93.

Regulatory Evaluation Summary

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Order 12866 directs that each Federal agency 
shall propose or adopt a regulation only upon a reasoned determination 
that the benefits of the intended regulation justify its costs. Second, 
the Regulatory Flexibility Act requires agencies to analyze the 
economic effect of regulatory changes on small entities. Third, the 
Office of Management and Budget directs agencies to assess the effect 
of regulatory changes on international trade. In conducting these 
analyses, the FAA has determined that this Rulemaking: (1) would 
generate benefits that justify its minimal costs and is not ``a 
significant regulatory action'' as defined in the Executive Order; (2) 
is not significant as defined in Department of Transportation's 
Regulatory Policies and Procedures; (3) would not have a significant 
impact on a substantial number of small entities; (4) would not 
constitute a barrier to international trade; and (5) would not contain 
any Federal intergovernmental or private sector mandate. All of these 
analyses have been prepared as a regulatory evaluation and are 
summarized below. A copy of the full regulatory evaluation has also 
been placed into the docket.

Agency Findings

    The FAA finds that there is an increase in the number of transport 
category aircraft operating under IFR departing eastbound from 
Anchorage International Airport. This additional traffic volume 
increases the number of total aircraft operations and the operational 
complexity in the uncontrolled airspace east of Anchorage International 
Airport. In order to reduce the risk of a midair collision in that 
airspace, ATC is establishing a segment (Seward Highway segment) of the 
Anchorage Terminal airspace area to the east. Aircraft operating in the 
Terminal Area will be required to be in contact with ATC. Such contact 
provides pilots with positive ATC services, such as traffic alerts, 
separation, weather information, etc., thereby providing greater 
protection for all users of the airspace.
    Section 93.57(e), requires that ``each person piloting an aircraft 
shall maintain two-way radio communications with the control tower 
serving the segment containing the airport of landing or takeoff.'' 
This requirement imposes minimal, if any, additional costs on general 
aviation or air carrier operations. This cost determination is based on 
data contained in the most recently published General Aviation and 
Avionics Survey Report. The report indicates that nearly 100 percent of 
Alaskan general aviation aircraft operators are already equipped with 
two-way radios. The FAA has also determined that those few operators 
without two-way radios will not have to circumnavigate the airspace 
area, but can instead fly above the 3,000 feet MSL ceiling without 
significantly deviating from their regular flight paths. Section 
93.57(d) describes general rules for operations conducted in all 
segments of the Terminal Area. This section will not impose any 
additional costs to operators. Section 93.65(c) raises the operational 
altitude from 700 to 800 feet MSL due to tree growth. The FAA has 
determined that a 100 feet increase will impose negligible increased 
costs to operators who elect to operate within the Elmendorf segment 
while maintaining an appropriate level of safety.
    The FAA, on September 30, 1995, decomissioned the Bryant ATCT and 
established the Bryant Airport CTAF. The agency has determined that it 
will handle the current and projected aviation activity in the Seward 
Highway segment at the Anchorage International Airport ATC Facility, 
without additional staff or additional equipment.
    In view of the minimal cost of compliance, enhanced safety, and 
simplified aircraft operating procedures covering the Anchorage, AK, 
Terminal Area, the FAA has determined that this rule is cost-
beneficial.

Final Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 establishes ``as a principle 
of regulatory issuance that agencies shall endeavor, consistent with 
the objective of the rule and of applicable statutes, to fit regulatory 
and informational requirements to the scale of the business, 
organizations, and governmental jurisdictions subject to regulation.'' 
To achieve that principle, the Act requires agencies to solicit and 
consider flexible regulatory proposals and to explain the rationale for 
their actions. The Act covers a widerange of small entities, including 
small businesses, not-for-profit organizations and small governmental 
jurisdictions.
    Agencies must perform a review to determine whether a proposed or 
final rule will have a significant economic impact on a substantial 
number of small entities. If the determination is that it will, the 
agency must prepare a regulatory flexibility analysis (RFA) as 
described in the Act.
    However, if an agency determines that a proposed or final rule is 
not expected to have a significant economic impact on a substantial 
number of small entities, section 605(b) of the 1980 act provides that 
the head of the agency may so certify and an RFA is not required. The 
certification must include a statement providing the factual basis for 
this determination, and the reasoning should be clear.
    Small entities will incur negligible, if any, cost with the 
implementation of this rule. This rule will impact operators of 
aircraft who do not meet Class D airspace navigational equipment 
standards (primarily part 135 aircraft without two-way radios). 
However, in Alaska, nearly 100 percent of aircraft operators already 
have this equipment and routinely fly into airspace where such 
equipment requirements are already in place. Also, those operators that 
do not have two-way radios can easily fly above the airspace where two-
way radios are required. Accordingly, the FAA certifies that this rule 
will not have a significant economic impact on a substantial number of 
small entities.

International Trade Impact Assessment

    This rule will not impose a competitive disadvantage to either US 
air carriers doing business abroad or foreign air carriers doing 
business in the United States. This assessment is based on the fact 
that this rule will not impose additional costs on either US or foreign 
air carriers. This rule will have no effect on the sale of foreign 
aviation products or services in the United States, nor will it affect 
the sale of united States aviation products or services in foreign 
countries.

Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (the act), 
enacted as Pub. L. 104-4 on March 22, 1995, requires each Federal 
agency, to the extent permitted by law, to prepare a written assessment 
of the effects of any Federal mandate in a proposed or final agency 
rule that may result in the expenditure of $100 million or more 
adjusted annually for inflation in any

[[Page 14976]]

one year by State, local, and tribal governments, in the aggregate, or 
by the private sector. Section 204(a) of the ACT, 2 U.S.C. 1534(a), 
requires the Federal agency to develop an effective process to permit 
timely input by elected officers (or their designees) of State, local 
and tribal governments on a proposed ``significant intergovernmental 
mandate.'' A ``significant intergovernmental mandate'' under the Act is 
any provision in a Federal agency regulation that would impose an 
enforceable duty upon state, local, tribal governments, in the 
aggregate (of $100 million adjusted annually for inflation) in any one 
year. Section 203 of the ACT, 2 U.S.C. 1533, which supplements section 
204(a), provides that before establishing any regulatory requirements 
that might significantly or uniquely affect small governments, the 
agency shall have developed a plan that, in part, provides for notice 
to potentially affected small governments, if any, and for a meaningful 
and timely opportunity to provide input in the development of 
regulatory proposals.
    This rule does not contain any Federal intergovernmental mandates, 
but does contain a private sector mandate. However, because 
expenditures by the private sector will not exceed $100 million 
annually, the requirements of Title II of the Unfunded Mandates Reform 
Act of 1995 do not apply.

List of Subjects in 14 CFR Part 93

    Air traffic control, Airports, Alaska, Navigation (air) and 
Reporting and recordkeeping requirements.

The Amendment

    The FAA is amending Title 14 of the Code of Federal Regulations, 
subpart D, Anchorage, Alaska, Terminal Area as follows:

PART 93--SPECIAL AIR TRAFFIC RULES AND AIRPORT TRAFFIC PATTERNS

    1. The authority citation for part 93 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40106, 40109, 40113, 44502, 
44514, 44701, 44719, 46301.

    2. Section 93.51 is revised to read as follows:


Sec. 93.51  Applicability.

    This subpart prescribes special air traffic rules and traffic 
patterns for aircraft operating in the Anchorage, Alaska, Terminal 
Area.
    3. Section 93.53 is revised to read as follows:


Sec. 93.53  Description of area.

    The Anchorage, Alaska, Terminal Area is designated as that airspace 
extending upward from the surface to the upper limit of each of the 
segments described in Sec. 93.55. It is bounded by a line beginning at 
Point MacKenzie, extending westerly along the bank of Knik Arm to a 
point intersecting the 350 deg. bearing from the Anchorage 
International ATCT; thence north to intercept the 5.2-mile arc centered 
on the geographical center of Anchorage, Alaska, ATCT; thence 
counterclockwise along that arc to its intersection with a line bearing 
180 deg. from the intersection of the new Seward Highway and 
International Airport Road; thence due north to O'Malley Road; thence 
east along O'Malley Road to its intersection with Lake Otis Parkway; 
thence northerly along Lake Otis Parkway to its intersection with 
Abbott Road; thence east along Abbott Road to its intersection with 
Abbott Loop Road; thence north to its intersection with Tudor Road; 
thence easterly along Tudor Road to its intersection with Muldoon Road; 
thence northerly along Muldoon Road to the intersection of the Glenn 
Highway; thence north and east along the Glenn Highway to Ski Bowl 
Road; thence southeast along the Ski Bowl Road to a point one-half mile 
south of the Glenn Highway; thence north and east one-half mile south 
of and parallel to the Glenn Highway to its intersection with a line 
one-half mile east of and parallel to the Bryant Airport Runway 16/34 
extended centerline; thence northeast along a line one-half mile east 
of and parallel to Bryant Airport Runway 16/34 extended centerline to 
lat. 61 deg.16'13''N., long. 149 deg.37'35''W.; thence west along lat. 
61 deg.17'13''N., to long. 149 deg.43'08''W.; thence north along long. 
149 deg.43'08''W., to lat. 61 deg.17'30''N.; thence to lat. 
61 deg.17'58''N., long 149 deg.44'08''W.; thence to lat. 
61 deg.19'10''N., long. 149 deg.46'44''W.; thence north along long. 
149 deg.46'44''W., to intercept the 4.7-mile radius arc centered on 
Elmendorf Air Force Base (AFB), Alaska; thence counterclockwise along 
the 4.7-mile radius arc to its intersection with the west bank of Knik 
Arm; thence southerly along the west bank of Knik Arm to the point of 
beginning.
    4. Section 93.55 is revised to read as follows:


Sec. 93.55  Subdivision of Terminal Area.

    The Anchorage, Alaska, Terminal Area is subdivided as follows:
    (a) International segment. That area from the surface to and 
including 4,100 feet MSL, within a 5.2-mile radius of the Anchorage 
International ATCT; excluding that airspace east of the 350 deg. 
bearing from the Anchorage International ATCT and north of the 090 deg. 
bearing from the Anchorage International ATCT and east of a line 
bearing 180 deg. and 360 deg. from the intersection of the new Seward 
Highway and International Airport Road and the airspace extending 
upward from the surface to but not including 600 feet MSL, south of 
lat. 61 deg.08'28''N.
    (b) Merrill segment. That area from the surface to an including 
2,500 feet MSL, within a line beginning at Point Noname; thence direct 
to the mouth of Ship Creek; thence direct to the intersection of the 
Glenn Highway and Muldoon Road; thence south along Muldoon Road to 
Tudor Road; thence west along Tudor Road to the new Seward Highway; 
thence direct to West Anchorage High School; thence direct to Point 
MacKenzie; thence via the north bank of Knik Arm to the point of 
beginning.
    (c) Lake Hood segment. That area from the surface to and including 
2,500 feet MSL, within a line beginning at Point MacKenzie; thence 
direct to West Anchorage High School; thence direct to the intersection 
of Tudor Road and the new Seward Highway; thence south along the new 
Seaward Highway to the 090 deg. bearing from the Anchorage 
International ATCT; thence west direct to the Anchorage International 
ATCT; thence north along the 350 deg. bearing from the Anchorage 
International ATCT to the north bank of Knik arm; thence via the north 
bank of Knik Arm to the point of beginning.
    (d) Elmendorf segment. That area from the surface to and including 
3,000 feet MSL, within a line beginning at Point Noname; thence via the 
north bank of Knik Arm to the intersection of the 4.7-mile radius of 
Elmendorf AFB; thence clockwise along the 4.7-mile radius of Elmendorf 
AFB to long. 149 deg.46'44''W.; thence south along long. 
149 deg.46'44''W. to lat. 61 deg.19'10''N.; thence to lat. 
61 deg.17'58''N., long. 149 deg.44'08''W.; thence to lat. 
61 deg.17'30''N., long. 149 deg.43'08''W.; thence south along long. 
149 deg.43'08''W. to the Glenn Highway; thence south and west along the 
Glenn Highway to Muldoon Road; thence direct to the mouth of Ship 
Creek; thence direct to the point of beginning.
    (e) Bryant segment. That area from the surface to and including 
2,000 feet MSL, within a line beginning at lat. 61 deg.17'13''N., long. 
149 deg.43735''W.; thence west along lat. 61 deg.17'13''N., to long. 
149 deg.43'08''W.; thence south along long. 149 deg.43'08''W., to the 
Glenn Highway; thence north and east along the Glenn Highway to Ski 
Bowl Road;

[[Page 14977]]

thence southeast along the Ski Bowl Road to a point one-half mile south 
of the Glenn Highway; thence north and east one-half mile south of and 
parallel to the Glenn Highway to its intersection with a line one-half 
mile east of and parallel to the Bryant Airport Runway \16/34\ extended 
centerline; thence northeast along a line one-half mile east of and 
parallel to Bryant Airport runway \16/34\ extended centerline to the 
point of beginning.
    (f) Seward Highway segment. That area from the surface to an 
including 4,100 feet MSL, within a line beginning at the intersection 
of a line bearing 180 deg. from the intersection of the new Seward 
Highway and International Airport Road, and O'Malley Road; thence east 
along O'Malley Road to its intersection with Lake Otis Park Way, lat. 
61 deg.40723''N., long 149 deg.50'03''W.; thence northerly along Lake 
Otis Park Way to its intersection with Abbott Road, lat. 
61 deg.08'14''N., long. 149 deg.50'03''W.; thence east along Abbott 
Road to its intersection with Abbott Loop Road, lat. 61 deg.08'14''N., 
long. 149 deg.48'16''W.; thence due north to intersect with Tudor Rod, 
lat. 61 deg.10'51''N., long. 149 deg.48'16''W.; thence west along Tudor 
Road to its intersection with the new Seward Highway, lat. 
61 deg.10'51''N., long. 149 deg.51'38''W.; thence south along the new 
Seward Highway to its intersection with a line bearing 180 deg. and 
360 deg. from the intersection of the new Seward Highway and 
International Airport Road; thence south to the point of beginning.
    5. Section 93.57 is revised to read as follows:


Sec. 93.57  General rule: All segments.

    (a) Each person operating an aircraft to, from, or on an airport 
within the Anchorage, Alaska, Terminal Area shall operate that aircraft 
according to the rules set forth in this section and Secs. 93.59, 
93.61, 93.63, 93.65, 93.67, or 93.68 as applicable, unless otherwise 
authorized or required by ATC.
    (b) Each person operating an airplane within the Anchorage, Alaska 
Terminal Area shall conform to the flow of traffic depicted on the 
appropriate aeronautical charts.
    (c) Each person operating a helicopter shall operate it in a manner 
so as to avoid the flow of airplanes.
    (d) Except as provided in Sec. 93.65 (d) and (e), and 
Sec. 93.67(b), each person operating an aircraft in the Anchorage, 
Alaska, Terminal Area shall operate that aircraft only within the 
designated segment containing the arrival or departure airport.
    (e) Except as provided in Secs. 93.63(d) and 93.67(b), each person 
operating an aircraft in the Anchorage, Alaska, Terminal Area shall 
maintain two-way radio communications with the ATCT serving the segment 
containing the arrival or departure airport.
    6. Section 93.59 is revised to read as follows:


Sec. 93.59  General rules: International segment.

    (a) No person may operate an aircraft at an altitude between 1,200 
feet MSL and 2,000 feet MSL in that portion of this segment lying north 
of the midchannel of Knik Arm.
    (b) Each person operating an airplane at a speed of more than 105 
knots within this segment (except that part described in paragraph (a) 
of this section) shall operate that airplane at an altitude of at least 
1,600 feet MSL until maneuvering for a safe landing requires further 
descent.
    (c) Each person operating an airplane at a speed of 105 knots or 
less within this segment (except that part described in paragraph (a) 
of this section) shall operate that airplane at an altitude of at least 
900 feet MSL until maneuvering for a safe landing requires further 
descent.
    7. Section 93.61 is revised to read as follows:


Sec. 93.61  General rules: Lake Hood segment.

    (a) No person may operate an aircraft at an altitude between 1,200 
feet MSL and 2,000 feet MSL in that portion of this segment lying north 
of the midchannel of Knik Arm.
    (b) Each person operating an airplane within this segment (except 
that part described in paragraph (a) of this section) shall operate 
that airplane at an altitude of at least 600 feet MSL until maneuvering 
for a safe landing requires further descent.
    8. Section 93.63 is revised to read as follows:


Sec. 93.63  General rules: Merrill segment.

    (a) No person may operate an aircraft at an altitude between 600 
feet MSL and 2,000 feet MSL in that portion of this segment lying north 
of the midchannel of Knik Arm.
    (b) Each person operating an airplane at a speed of more than 105 
knots within this segment (except for that part described in paragraph 
(a) of this section) shall operate that airplane at an altitude of at 
least 1,200 feet MSL until maneuvering for a safe landing requires 
further descent.
    (c) Each person operating an airplane at a speed of 105 knots or 
less within this segment (except for that part described in paragraph 
(a) of this section) shall operate that airplane at an altitude of at 
least 900 feet MSL until maneuvering for a safe landing requires 
further descent.
    (d) Whenever the Merrill ATCT is not operating, each person 
operating an aircraft either in that portion of the Merrill segment 
north of midchannel of Knik Arm, or in the Seward Highway segment at or 
below 1200 feet MSL, shall contact Anchorage Approach Control for wake 
turbulence and other advisories. Aircraft operating within the 
remainder of the segment should self-announce intentions on the Merrill 
Field CTAF.
    9. Section 93.65 is revised to read as follows:


Sec. 93.65  General rules: Elmendorf segment.

    (a) Each person operating a turbine-powered aircraft within this 
segment shall operate that aircraft at an altitude of at least 1,700 
feet MSL until maneuvering for a safe landing requires further descent.
    (b) Each person operating an airplane (other than turbine-powered 
aircraft) at a speed of more than 105 knots within this segment shall 
operate that airplane at an altitude of at least 1,200 feet MSL until 
maneuvering for a safe landing requires further descent.
    (c) Each person operating an airplane (other than turbine-powered 
aircraft) at a speed of 105 knots or less within the segment shall 
operate that airplane at an altitude of at least 800 feet MSL until 
maneuvering for a safe landing requires further descent.
    (d) A person landing or departing from Elmendorf AFB; may operate 
that aircraft at an altitude between 1,500 feet MSL and 1,700 feet MSL 
within that portion of the International and Lake Hood segments lying 
north of the midchannel of Knik Arm.
    (e) A person landing or departing from Elmendorf AFB, may operate 
that aircraft at an altitude between 900 feet MSL and 1,700 feet MSL 
within that portion of the Merrill segment lying north of the 
midchannel of Knik Arm.
    (f) A person operating in VFR conditions, at or below 600 feet MSL, 
north of a line beginning at the intersection of Farrell Road and the 
long. 149 deg.43'08''W.; thence west along Farrell Road to the east end 
of Sixmile Lake; thence west along a line bearing on the middle of Lake 
Lorraine to the northwest bank of Knik Arm; is not required to 
establish two-way radio communications with ATC.
    10. Section 93.67 is revised to read as follows:


Sec. 93.67  General rules: Bryant segment.

    (a) Each person operating an airplane to or from the Bryant Airport 
shall

[[Page 14978]]

conform to the flow of traffic shown on the appropriate aeronautical 
charts, and while in the traffic pattern, shall operate that airplane 
at an altitude of at least 1,000 feet MSL until maneuvering for a safe 
landing requires further descent.
    (b) Each person operating an aircraft within the Bryant segment 
should self-announce intentions on the Bryant Airport CTAF.
    11. Section 93.68 is added to read as follows:


Sec. 93.68  General rules: Seward Highway segment.

    (a) Each person operating an airplane in the Seward Highway segment 
shall operate that airplane at an altitude of at least 1,000 feet MSL 
unless maneuvering for a safe landing requires further descent.
    (b) Each person operating an aircraft at or below 1,200 feet MSL 
that will transition to or from the Lake Hood or Merrill segment shall 
contact the appropriate ATCT prior to entering the Seward Highway 
segment. All other persons operating an airplane at or below 1,200 feet 
MSL in this segment shall contact Anchorage Approach Control.
    (c) At all times, each person operating an aircraft above 1,200 MSL 
shall contact Anchorage Approach Control prior to entering the Seward 
Highway segment.
    12. Section 93.69 is revised to read as follows:


Sec. 93.69  Special requirements, Lake Campbell and Sixmile Lake 
Airports.

    Each person operating an aircraft to or from Lake Campbell or 
Sixmile Lake Airport shall conform to the flow of traffic for the Lake 
operations that are depicted on the appropriate aeronautical charts.

Appendix A--[Removed]

    13. Appendix A, of part 93 is removed.

    Issued in Washington, DC on March 24, 1999.
Jane F. Garvey,
Administrator.
[FR Doc. 99-7625 Filed 3-26-99; 8:45 am]
BILLING CODE 4910-13-M