[Federal Register Volume 64, Number 146 (Friday, July 30, 1999)]
[Proposed Rules]
[Pages 41363-41364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19613]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 99-AAL-7]


Proposed Establishment of Class E Airspace; Aniak, AK; Proposed 
Establishment of Class E Airspace; St. Mary's, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This action proposes to establish Class E (surface area) 
airspace at Aniak, AK, and St. Mary's, AK. This action is at the 
request of air taxi operators with flight operations at these airports. 
Adoption of this proposal would result in additional Class E airspace 
for aircraft flying Instrument Flight Rules (IFR) procedures at Aniak, 
AK, and St. Mary's, AK.

DATES: Comments must be received on or before September 13, 1999.

ADDRESSES: Send comments on the proposal in triplicate to:
    Manager, Operations Branch, AAL-530, Docket No. 99-AAL-7, Federal 
Aviation Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 
99513-7587.
    The official docket may be examined in the Office of the Regional 
Counsel for the Alaskan Region at the same address.
    An informal docket may also be examined during normal business 
hours in the Office of the Manager, Operations Branch, Air Traffic 
Division, at the address shown above and on the Internet at Alaskan 
Region's homepage at http://www.alaska.faa.gov/at or at address http://
162.58.28.41/at.

FOR FURTHER INFORMATION CONTACT: Robert van Haastert, Operations 
Branch, Federal Aviation Administration, 222 West 7th Avenue, Box 14, 
Anchorage, AK 99513-7587; telephone number (907) 271-5863; fax: (907) 
271-2850; email: Robert.van-H[email protected]. Internet address: http://
www.alaska.faa.gov/at or at address http://162.58.28.41/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 the airspace docket number 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 Airspace Docket No. 99-
AAL-7.'' 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 Operations Branch, Air Traffic Division, Federal 
Aviation Administration, 222 West 7th Avenue, Box 14, Anchorage, AK, 
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 NPRM's

    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 Federal Register's web page for access 
to recently published rulemaking documents at http://
www.access.gpo.gov/su__docs/aces/aces140.html.
    Any person may obtain a copy of this Notice of Proposed Rulemaking 
(NPRM) by submitting a request to the Operations Branch, AAL-530, 
Federal Aviation Administration, 222 West 7th Avenue, Box 14, 
Anchorage, AK 99513-7587. Communications must identify the notice 
number of this NPRM. Persons interested in being placed on a mailing 
list for future NPRM's should contact the individual(s) identified in 
the FOR FURTHER INFORMATION CONTACT section.

Background

    On March 16, 1999, the FAA initiated Airspace Study 99-AAL-022-NR, 
Proposal to Establish Surface Areas at Aniak and St. Mary's Airports, 
at the request of Pen Air, Northern Air Cargo, and Arctic 
Transportation Services to consider the establishment of additional 
controlled Class E Airspace. This additional controlled Class E 
airspace would provide surface areas for aircraft flying IFR at the 
Aniak and St. Mary's airports.
    Concerns expressed included: (1) it is disconcerting to be on an 
IFR approach knowing that Visual Flight Rule (VFR) aircraft may be in 
close proximity when the transition is made from IFR to VFR for 
landing; (2) aircraft are not required to talk on the Common Traffic 
Advisory Frequency (CTAF); (3) aircraft on instrument approach must mix 
with VFR aircraft in weather conditions as low as `clear of clouds' and 
`one-mile flight visibility'; and (4) an aircraft on an IFR approach 
could descend through the clouds and find themselves on a

[[Page 41364]]

collision course with uncontrolled VFR traffic.
    Changes that would result for VFR pilots with the proposed 
establishment of these surface areas include: (1) a requirement to 
maintain basic VFR weather minimums as detailed in 14 CFR part 91 
section 155 (Sec. 91.155) established for Class E airspace to the 
surface, consisting of three (3) statute miles visibility and cloud 
clearance of 500 feet below, 1,000 feet above, and 2,000 feet 
horizontal distance from clouds; (2) if the basic VFR weather minimums 
(Sec. 91.155) can not be maintained, then a pilot would be required to 
fly in accordance with the Special VFR weather minimums contained in 
Sec. 91.157, i.e., have an Air Traffic Control (ATC) clearance.
    Comments were received from Tatonduk Outfitters Limited, Tanana Air 
Service, and one pilot. Based on the comments received during the 
airspace study, the FAA decided to proceed with the rulemaking process 
to establish surface areas at Aniak, AK, and St. Mary's, AK.

The Proposal

    The FAA proposes to amend 14 CFR part 71 by establishing Class E 
airspace at Aniak, AK, and St. Mary's, AK, at the request of air taxi 
operators with flight operations at these airports. The intended effect 
of this proposal is to provide additional controlled airspace for IFR 
operations.
    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 surface 
areas are published in paragraph 6002 in FAA Order 7400.9F, Airspace 
Designations and Reporting Points, dated September 10, 1998, and 
effective September 16, 1998, which is incorporated by reference in 14 
CFR 71.1 (63 FR 50139; September 21, 1998). 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.

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 7400.9F, Airspace Designations and 
Reporting Points, dated September 10, 1998, and effective September 16, 
1998, is to be amended as follows:
* * * * *

Paragraph 6002  Class E airspace designated as surface areas

* * * * *

AAL AK E2  Aniak, AK  [New]

Aniak Airport
    (Lat. 61 deg.34'54'' N., long. 159 deg.32'35'' W.)
Aniak NDB
    (Lat. 61 deg.35'25'' N., long. 159 deg.35'53'' W.)

    Within a 4-mile radius of the Aniak Airport and within 1.5 miles 
each side of the 300 deg. bearing and the 112 deg. bearing from the 
Aniak NDB, extending from the 4-mile radius to 6.5 miles and within 
2.8 miles each side of the Aniak NDB 229 deg. bearing, extending 
from the 4-mile radius to 6.5 miles southwest of the airport. This 
Class E airspace area is effective during the specific dates and 
times established in advance by a Notice to Airmen. The effective 
date and time will thereafter be continuously published in the 
Airport/Facility Directory.
* * * * *

AAL E2 St. Mary's, AK  [New]

St. Mary's Airport, AK
    (Lat. 62 deg.03'38'' N., long. 163 deg.18'08'' W.)

St. Mary's NDB
    (Lat. 62 deg.03'30'' N., long. 163 deg.17'30'' W.)

    Within a 4.1-mile radius of the St. Mary's Airport and within 
1.5 miles either side of the 339 deg. bearing and 1.5 miles either 
side of the 001 deg. bearing from the St. Mary's NDB, extending from 
the 4.1 mile radius to 6.7 miles north of the airport and within 1.5 
miles either side of the 197 deg. bearing and 1.5 miles either side 
of the 185 deg. bearing from the St. Mary's NDB, extending from the 
4.1-mile radius to 6.7 miles south of the airport. This Class E 
airspace area is effective during the specific dates and times 
established in advance by a Notice to Airmen. The effective date and 
time will thereafter be continuously published in the Airport/
Facility Directory.
* * * * *
    Issued in Anchorage, AK, on July 23, 1999.
Trent S. Cummings,
Assistant Manager, Air Traffic Division, Alaskan Region.
[FR Doc. 99-19613 Filed 7-29-99; 8:45 am]
BILLING CODE 4910-13-P