[Federal Register Volume 65, Number 37 (Thursday, February 24, 2000)]
[Proposed Rules]
[Pages 9227-9230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-3699]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 99-AAL-24]


Proposed Establishment of Class E Airspace; Yukon-Kuskokwim 
Delta, Alaska

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This action proposes to establish Class E airspace over the 
Yukon-Kuskokwim (Y-K) Delta area in southwest Alaska in support of the 
Capstone Research and Development (R&D) project. Specifically, this 
action proposes to establish controlled airspace extending from 1,200 
feet above ground level (AGL) upwards to the base of the existing Class 
E airspace of 14,500 feet above mean sea level (MSL) within an area 
bounded by lat. 58 deg. 25' 36" N long. 158 deg. 00' W, to lat. 57 deg. 
50' N long. 158 deg. 00' W, to lat. 57 deg. 50' N long. 156 deg. 00' W, 
to lat. 64 deg. 00' N long. 156 deg. 00' W, to lat. 64 deg. 00' N long. 
161 deg. 41' 24" W, then via the 12 nautical mile limit to the point of 
beginning. The intended effect of this proposal is to provide adequate 
controlled airspace for commercial air carriers conducting Instrument 
Flight Rules (IFR) operations over southwest Alaska and validate new 
operational procedures and equipment in the IFR environment.

DATES: Comments must be received on or before April 10, 2000.

ADDRESSES: Send comments on the proposal in triplicate to: Manager, 
Operations Branch, AAL-530, Docket No. 99-AAL-24, 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: Bob Durand, Operations Branch, AAL-
531, Federal Aviation Administration, 222 West 7th Avenue, Box 14, 
Anchorage, AK 99513-7587; telephone number (907) 271-5898; fax: (907) 
271-2850; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    In a February 12, 1997, report to President Clinton on aviation 
safety and security, Chairman Vice President Al Gore reported that 
satellite-based navigation and positioning is a core element of our 
National Airspace System (NAS) modernization plans, and is critical to 
achieving a seamless, efficient global aviation system. Over the period 
of the past few years, the FAA has been working with commercial, 
military, and general aviation (GA) users to develop a global 
satellite-based navigation system independent of conventional ground 
navigation aids. Alaska and Hawaii were selected to pioneer this 
program through a R&D demonstration program called Capstone.
    The Alaskan Region's ``Capstone Program'' is an accelerated effort 
to

[[Page 9228]]

improve aviation safety and efficiency through installation of 
government-furnished, GPS-based avionics and data link communications 
suites in most commercial aircraft serving the Yukon-Kuskokwim Delta 
area. Up to 200 aircraft will be equipped. Compatible ground systems, 
equipment, and services will also be provided. The name ``Capstone'' is 
derived from the program's effect of drawing and holding together 
concepts and recommendations contained in reports from the Radio 
Telecommunications Conference of America (RTCA), the National 
Transportation Safety Board (NTSB), the Mitre Corporation's Center for 
Advanced Aviation System Development (CAASD), and Alaskan aviation 
industry representatives. In addition to the avionics suites, Capstone 
will deploy a ground infrastructure for weather observation, data link 
communications, surveillance, and Flight Information Services (FIS) to 
improve safety and enable eventual implementation of new procedures. A 
successful Capstone demonstration will help validate these new 
procedures.
    Under the FAA's ``Safe Flight 21 Program,'' some Capstone-equipped 
aircraft and the Capstone ground system infrastructure will be used 
beginning in January 2000 to validate three of the nine high priority 
Free Flight Operational Enhancements requested by the RTCA. Validation 
of other operational enhancements will be undertaken in future years. 
The first three enhancements to begin validation in Alaska are:
     Flight Information Services (FIS)
     Cost Effective, Controlled Flight Into Terrain (CFIT) 
Avoidance
     Enhanced See and Avoid
Test procedures, data collection, and analysis associated with the 
validations will be developed and implemented under the FAA's Safe 
Flight 21 Program administered by the Office of Communication, 
Navigation, and Surveillance Systems, AND-1.
    Under Capstone, most of the commercial aircraft based in the test 
area will be equipped, on a voluntary basis, with government-furnished 
avionics. Certain other commercial and government aircraft regularly 
operating in the test area will also be equipped. Services provided 
through the avionics suite will improve the pilot's flight capabilities 
and situational awareness. The sample size will ensure that safety 
improvements and operational efficiencies are demonstrated in a 
substantial, statistical manner with the rest of Alaska serving as the 
test control area. Aircraft selected for the Capstone Program will 
receive:
     An IFR-certified GPS navigation receiver
     Automatic Dependent Surveillance-Broadcast (ADS-B) 
Transmitter/Receiver
     A moving map display with Traffic Information Service-
Broadcast (TIS-B) traffic and terrain advisory services
     FIS providing weather maps, special use airspace status, 
wind shear alerts, NOTAMs, and PIREPs
     A multi-function color display
A data link network will be installed within existing FAA and Joint-use 
facilities at up to twelve (12) locations in the test area and 
connected via existing communications systems to FAA air traffic 
control facilities, service providers, and aircraft operator bases. To 
facilitate collection of test data, a common design will be used for 
Capstone as was used in the Cargo Airline Association (CAA) ADS-B 
demonstration in the Ohio Valley. Aircraft position reports will be 
made available to operators for flight following purposes. A ground 
broadcast server and a gateway processor will be installed at the 
Anchorage Air Route Traffic Control Center (ARTCC) to receive ADS-B 
aircraft position reports and data link messages from each remote site 
and interface them with the existing Micro Enroute Automated Radar 
Tracking System (Micro-EARTS). The Micro-EARTS and related subsystems 
will be programmed to integrate the ADS-B targets on one or more air 
traffic controller displays with radar tgargets. TIS-B will be 
implemented to enable the pilot of a Capstone-equipped aircraft to see 
both ADS-B and radar targets on the multi-function display.
    Under the Capstone Program, the FAA will develop first-time, GPS-
based, non-precision instrument approach to one or more runways at ten 
remote village airports. These airports were jointly recommended by the 
Alaska DOT/PF and the Alaska Air Carriers Association as the highest 
priority locations within the Capstone demonstration area for an 
instrument approach procedure. They are: Holy Cross, Kalskag, Kipnuk, 
Koliganek, Egegik, Mountain Village, Platinum, Scammon Bay, St. 
Michael, and Russian Mission. These airports have been GPS-surveyed for 
preparation for non-precision GPS instrument approach procedures. To 
conduct instrument approaches under FAR Part 121 or 135, weather 
reporting is essential. With budgetary limitations, these same airports 
are slated to receive automated weather reporting equipment during the 
Capstone program. Detailed information on the Capstone R&D program can 
be found on the Internet at Alaskan Region's homepage at http://www.alaska.faa.gov/capstone/.
    The Capstone Program will enable delivery of improved weather 
products (text and graphics) to the pilot and test the GPS and data 
link technology as a ``proof of concept'' for the operational 
enhancements requested by RTCA. The program will also include training 
for pilots, operators, safety inspectors, air traffic control 
specialists, and technicians. The University of Alaska's Aviation 
Complex at Merrill Field will be used for many of these activities. The 
University will also be contracted to conduct an independent evaluation 
of system safety improvements and to document user benefits derived.
    The purpose of this proposal is to create controlled airspace and 
infrastructure for IFR operations within the Yukon-Kushkokwim Delta 
area where uncontrolled airspace currently exists. This controlled 
airspace is needed to validate new operational procedures and equipment 
in the IFR environment. Additionally, this action will enhance flight 
safety, reduce the potential for midair collisions, improve operational 
efficiencies, and better manage air traffic operations.
    Establishment of Class E airspace in this proposal will have an 
impact on pilots' flight visibility and cloud avoidance requirements 
when flying under Visual Flight Rules (VFR), during the day above 1,200 
feet AGL and below 10,000 feet MSL. The flight visibility requirement 
will increase to three (3) statute miles. VFR weather minimums are 
shown in the following table extracted from 14 CFR 91.155 Basic VFR 
weather minimums:

                       Basic VFR Weather Minimums
------------------------------------------------------------------------
                                                        Distance from
                                  Flight visibility         clouds
------------------------------------------------------------------------
    Class G (uncontrolled):
1,200 feet or less AGL, Day....  1 statute mile....  Clear of clouds.

[[Page 9229]]

 
1,200 feet or less AGL, Night..  3 statute miles...  500 feet below.
                                                     1,000 feet above.
                                                     2,000 feet
                                                      horizontal.
1,200 feet or more and less      1 statute mile....  500 feet below.
 than 10,000 feet MSL, Day.                          1,000 feet above.
                                                     2,000 feet
                                                      horizontal.
1,200 feet or more and less      3 statute miles...  500 feet below.
 than 10,000 feet MSL, Night.                        1,000 feet above.
                                                     2,000 feet
                                                      horizontal.
More than 1,200 feet AGL and at  5 statute miles...  1,000 feet below.
 or above 10,000 feet MSL.                           1,000 feet above.
                                                     1 statute mile
                                                      horizontal.
     Class E (controlled):
Less than 10,000 MSL...........  3 statute miles...  500 feet below.
                                                     1,000 feet above.
                                                     2,000 feet
                                                      horizontal.
At or above than 10,000 MSL....  5 statute miles...  1,000 feet below.
                                                     1,000 feet above.
                                                     1 statute mile
                                                      horizontal.
------------------------------------------------------------------------

    On February 25, 1999, the FAA initiated an environmental review, 
99-AAL-024-NR, seeking public comment on the proposal to establish 
Class E airspace to encompass the Capstone Demonstration Area. In the 
environmental review solicitation, the FAA stated the desire to design 
and establish Class E airspace that will facilitate the development of 
the Capstone Demonstration and the transition to the future NAS 
Architecture with minimum impact on the environment. Significant 
environmental issues were not identified during the scoping process. 
Thus, this activity falls within a category of actions normally 
categorically excluded from documentation in an Environmental 
Assessment (EA) or Environmental Impact Statement (EIS).
    On April 7, 1999, the FAA conducted a Preliminary Environmental 
Review. This review was conducted in accordance with policies and 
procedures in Department of Transportation Order 5610.1C, Procedures 
for considering Environmental Impacts, Order 1050.1, and is in 
compliance with the National Environmental Policy Act of 1969 and in 
accordance with the regulations promulgated by the Council on 
Environmental Quality, 40 CFR 1500 et seq. Thus, on April 13, 1999, the 
FAA signed the Categorical Exclusion Declaration. This review enabled 
the FAA to exclude this proposed action from further environmental 
documentation according to Order 1050.1, Policies and Procedures for 
Considering Environmental Impacts.

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-24.'' 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 to 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/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.

The Proposal

    The FAA proposes to amend 14 CFR part 71 (part 71) by establishing 
Class E airspace within the Yukon-Kushkokwim Delta area in southwest 
Alaska. The intended effect of this proposal is to (1) provide adequate 
controlled airspace and infrastructure for commercial air carrier IFR 
operations and (2) validate new operational procedures and equipment in 
the IFR environment.
    The area would be depicted on aeronautical charts for pilot 
reference. The coordinates for this airspace docket are based on North 
American Datum 83.

[[Page 9230]]

The Class E airspace areas designated as 700/1200 foot transition areas 
are published in paragraph 6005 of FAA Order 7400.9G, Airspace 
Designations and Reporting Points, dated September 1, 1999, and 
effective September 16, 1999, which is incorporated by reference in 14 
CFR 71.1. The Class E airspace designations listed in this document 
would be revised and published subsequently in the Order.
    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, 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 7400.9G, Airspace Designations and 
Reporting Points, dated September 1, 1999, and effective September 16, 
1999, is to be amended as follows:

Paragraph 6005  Class E airspace extending upward from 700 feet or 
more above the surface of the earth.

* * * * *

AAL AK E5 Yukon-Kuskokwim Delta, AK [New]

    That airspace extending upward from 1,200 feet above the surface 
within the area bounded by lat. 58 deg.25'36" N long. 158 deg.00' W, 
to lat. 57 deg.50' N. long. 158 deg. 00' W, to lat. 57 deg.50' N 
long. 156 deg.00' W, to lat. 64 deg.00' N long. 156 deg.00' W, to 
lat. 64 deg.00' N long. 161 deg.41'24" W, then via the 12 nautical 
mile limit to the point of beginning.
* * * * *

    Issued in Anchorage, AK, on February 9, 2000.
Willis C. Nelson,
Manager, Air Traffic Division, Alaskan Region.
[FR Doc. 00-3699 Filed 2-23-00; 8:45 am]
BILLING CODE 4910-13-M