[Federal Register Volume 64, Number 192 (Tuesday, October 5, 1999)]
[Rules and Regulations]
[Pages 53892-53893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25847]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 99-AAL-7]


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This action establishes 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. This rule 
provides additional Class E airspace for aircraft flying Instrument 
Flight Rules (IFR) procedures at Aniak, AK, and St. Mary's, AK.

EFFECTIVE DATE: 0901 UTC, November 4, 1999.

FOR FURTHER INFORMATION CONTACT: Bob Durand, Operations Branch, Federal 
Aviation Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 
99513-7587; telephone number (907) 271-5898; fax: (907) 271-2850; 
email: Bob.D[email protected]. Internet address: http://www.alaska.faa.gov/
at or at address http://162.58.28.41/at.

SUPPLEMENTARY INFORMATION:

History

    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 from Pen Air, Northern Air Cargo, and Arctic 
Transportation Services to consider the establishment of additional 
controlled Class E Airspace. These additional controlled Class E 
airspaces 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 collision 
course with uncontrolled VFR traffic.
    Changes that will result for VFR pilots with the 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; and if the basic VFR weather minimums (Sec. 91.155) can 
not be maintained, then a pilot will 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 supportive 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.
    On July 30, 1999, a proposal to amend part 71 of the Federal 
Aviation Regulations (14 CFR part 71) to revise the Class E airspace 
areas at Aniak, AK, and St. Mary's, AK, was published in the Federal 
Register (64 FR 41363). Interested parties were invited to participate 
in this rulemaking proceeding by submitting written comments on the 
proposal to the FAA. No public comments to the proposal were received; 
thus, the rule is adopted as written.
    The areas 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 surface 
areas are published in paragraph 6002 of 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 will be revised and published 
subsequently in the Order.

The Rule

    This amendment to 14 CFR part 71 establishes the Class E (surface 
area) airspace at Aniak, AK, and St. Mary's, AK, at the request of air 
taxi operators with flight operations at these airports. The area will 
be depicted on aeronautical charts for pilot reference. The intended 
effect of this proposal is to provide additional controlled airspace 
for IFR operations at Aniak, AK, and St. Mary's, AK.
    The FAA has determined that these proposed regulations only involve 
an established body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current. 
It,

[[Page 53893]]

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).

Adoption of the Amendment

    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

    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 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 west of the 339 deg. bearing and 1.5 miles east 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 
west of the 197 deg. bearing and 1.5 miles east 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 September 28, 1999.
Willis C. Nelson,
Manager, Air Traffic Division, Alaskan Region.
[FR Doc. 99-25847 Filed 10-4-99; 8:45 am]
BILLING CODE 4910-13-P