[Federal Register Volume 65, Number 114 (Tuesday, June 13, 2000)]
[Rules and Regulations]
[Pages 37035-37038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14861]



[[Page 37035]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 99-AAL-24]


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes 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 establishes 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. This rule will (1) provide adequate controlled airspace for 
commercial air carriers conducting Instrument Flight Rules (IFR) 
operations over southwest Alaska and (2) validate new operational 
procedures and equipment in the IFR environment.

EFFECTIVE DATE: 0901 UTC, August 10, 2000.

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]. Internet address: http://www.alaska.faa.gov/at.

SUPPLEMENTARY INFORMATION:

History

    On February 24, 2000, a proposal to amend part 71 of the Federal 
Aviation Regulations (14 CFR part 71) to establish Class E airspace 
over the Yukon-Kuskokwim Delta area in southwest Alaska was published 
in the Federal Register (65 FR 9227). The purpose of this rule is to 
create adequate controlled airspace and infrastructure for IFR 
operations in 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 in support of the Capstone R&D project. Additionally, this 
rule will enhance flight safety, reduce the potential for midair 
collisions, improve operational efficiencies, and better manage air 
traffic operations.
    The establishment of Class E airspace in this rule will impact on 
pilots' flight visibility and cloud avoidance requirements while flying 
under Visual Flight Rules (VFR), during the day above 1,200 feet AGL 
and below 10,000 feet MSL. The pilot's flight visibility requirement 
increases 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
----------------------------------------------------------------------------------------------------------------
                                            Flight visibility
                                                 (statute                     Distance from clouds
                                                 mile(s))
----------------------------------------------------------------------------------------------------------------
Class G (uncontrolled):
    1,200 feet or less AGL, Day...........                  1  Clear of clouds.
    1,200 feet or less AGL, Night.........                  3  500 feet below.
                                                               1,000 feet above.
                                                               2,000 feet horizontal.
    1,200 feet or more and less than                        1  500 feet below.
     10,000 feet MSL, Day.
                                                               1,000 feet above.
                                                               2,000 feet horizontal.
    1,200 feet or more and less than                        3  500 feet below.
     10,000 feet MSL, Night.
                                                               1,000 feet above.
                                                               2,000 feet horizontal.
    More than 1,200 feet AGL and at or                      5  1,000 feet below.
     above 10,000 feet MSL.
                                                               1,000 feet above.
                                                               1 statute mile horizontal.
Class E (controlled):
    Less than 10,000 MSL..................                  3  500 feet below.
                                                               1,000 feet above.
                                                               2,000 feet horizontal.
    At or above 10,000 MSL................                  5  1,000 feet below.
                                                               1,000 feet above.
                                                               1 statute mile horizontal.
----------------------------------------------------------------------------------------------------------------

Environmental Review

    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 National 
Airspace System (NAS) Architecture with minimal 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

[[Page 37036]]

FAA to exclude this proposed action from further environmental 
documentation according to Order 1050.1, Policies and Procedures for 
Considering Environmental Impacts.

Comments Received on the Proposal

    Interested parties were invited to participate in this rulemaking 
by submitting written comments on the proposal to the FAA. The State of 
Alaska, Department of Fish and Game, Habitat and Restoration Division 
along with Larry's Flying Service wrote letters in support of the 
proposal. Larry's Flying Service requested clarification on some issues 
which the FAA deemed beneficial to address in the final rule.
    (1) What is the intended meaning and understanding of ``validate 
new operational procedures and equipment in the IFR environment?'' 
Initially the Anchorage Air Route Traffic Control Center (ARTCC) 
controllers will provide ``radar like'' services to Capstone equipped 
aircraft. The controllers will use five (5) mile radar separation 
criteria with Automatic Dependent Surveillance--Broadcast (ADS-B) 
position reports. Initial evaluation of ADS data integrity indicates 
that smaller distance criteria may be attainable, however it is 
desirable to gain more experience with this technology before 
developing new procedures in this application. The ADS reports will be 
used to augment radar reports where radar coverage exists, and to 
supplement radar beyond and below existing radar coverage.
    Validating new operational procedures and equipment includes the 
active participation by air carriers using the new equipment in their 
aircraft. Each air carrier, participating in the Capstone project, will 
work with the FAA to develop and incorporate new procedures into their 
general operations manuals and training programs. Each procedure 
developed will help validate whether the new equipment performs in a 
manner consistent with the manufacturers operating and performance 
specifications and safety. Adherence to newly developed procedures and 
providing feedback are vital elements of the validation process. 
Examples include evaluation of ADS-B generated traffic information as a 
collision avoidance tool in the instrument flight environment. Another 
example is the validation of ADS-B for ``radar like'' traffic 
management. Pilots and controllers alike will gain knowledge of ADS-B 
and learn how each group plans to use the information generated in 
order to integrate this technology as an effective element of the NAS.
    (2) What is the view of the FAA at this time with respect to ``new 
GPS non-precision instrument approaches'' as pertaining to VFR Capstone 
equipped aircraft? Most Capstone equipped aircraft are not capable of 
operating IFR under part 121 or part 135 due to manufacturing or 
regulatory limitations, or equipment installed not meeting IFR 
requirements. The GPS installed with the Capstone avionics package is 
manufactured under TSO-129, and therefore fully capable of being 
operated in the IFR environment. It was the intention of the Capstone 
project to have the greatest positive impact on safety as possible by 
providing equipment to owner's that could be easily incorporated into 
VFR or IFR aircraft alike. Those carriers who wished to self equip 
their aircraft to meet IFR requirements could use Capstone GPS as a 
part of the required IFR equipment. The new GPS approaches and co-
located AWOS sites, parts of the Capstone project, support safety and 
expand the IFR infrastructure in Alaska.
    (3) How can an operator elect to support new operational procedures 
and new equipment for IFR operation if the procedures and equipment are 
not made known to the operator? IFR operations using the Capstone 
avionics will be supported by achieving Level C certification (needed 
for IFR operations). The ARTCC Air Traffic Control (ATC) automation 
system is being upgraded to provide aircraft position information to 
controllers to enable them to provide navigation assistance and 
separation from other radar and ADS identified aircraft after level C 
certification is achieved. The FAA will coordinate all new operational 
procedures before being implemented. All new equipment was coordinated 
with industry representatives in Alaska before final selection was 
made. Information on new equipment and procedures will be posted on the 
Capstone website (http://www.faa.gov/capstone) to aid in distribution.
    (4) What is the rationale for the FAA's determination that this 
rule is a not a significant regulatory action and not a significant 
rule? The Department of Transportation (DOT) Order 2100.5, Policies and 
Procedures for Simplification, Analysis, and Review of Regulations (May 
22, 1980), requires a regulatory analysis for each proposed regulation 
that will (1) result in an effect on the economy of $100 million or 
more; (2) result in a major effect on the general economy in terms of 
costs, consumer prices, or production; (3) result in a major increase 
in costs or prices for individual industries, levels of government, or 
geographic regions; (4) have a substantial impact on the U.S. balance 
of trade; or (5) be the result of the secretary or head of the 
initiating office determining a need for such analysis. In addition to 
the requirement in DOT Order 2100.5, Executive Order 12866 requires a 
regulatory analysis for significant proposed regulations that have an 
annual effect on the economy of $100 million or more or adversely 
effect, in a material way, the economy, a sector of the economy, 
productivity, competition, jobs, the environment, public health or 
safety, or State, local, or tribal governments or communities. Any 
regulation or other action that does not meet the above criteria and 
any regulation that is routine, frequent, or procedural may be issued 
by the FAA Administrator without review or approval by the DOT 
Secretary. The Regulatory Flexibility Act, 5 U.S.C. 601-612, requires 
the FAA to consider the special needs and concerns of small entities. 
The FAA is required to prepare and publish an initial regulatory 
flexibility analysis describing the effect of a proposed rule on small 
entities for those proposed regulations that would have a significant 
economic impact on a substantial number of small entities. Where 
appropriate, the FAA must consider alternatives the would achieve its 
goals while minimizing the burdon on small entities. If the FAA 
determines that the proposed regulation would not have a significant 
economic impact, a factual basis for the determination must be 
provided.
    (5) What operational changes does an operator in this environment 
need to apply for as pertaining to the Operators Operations 
Specifications as approved and issued the Operator by the FAA? 
Operators intending to use ADS-B operationally will need to seek 
guidance from the FAA Certificate holding district office that's 
assigned. Active procedural use of cockpit displays of traffic 
information (requiring pilots to use targets generated on cockpit 
displays) for visual acquisition, in trail maneuvers; station keeping; 
enhanced see and avoid; reduced separation standards; long range 
conflict management; or conflict detection and avoidance may require 
operations specification issuance.
    (6) Does the FAA propose additional training and if so what type of 
training and testing? Controllers have received training in the new ATC 
ADS target display capability. FAA technicians will receive training in 
ground equipment theory and function to enable them to ensure proper 
equipment operation and performance. Training programs have been 
developed and given to carriers participating in the Capstone project.

[[Page 37037]]

Carriers should adapt the training material provided to meet their 
individual needs and requirements, and coordinate with their assigned 
FAA inspector.
    (7) Will this ``new operational procedures under IFR'' apply to all 
IFR operators and pilots under FAA supervision? When will these new 
operational procedures be implemented? New operational procedures will 
apply to those aircraft equipped to utilized these procedures. 
Government acceptance testing of the new ATC functional enhancements 
has been completed. Anchorage ARTCC will be able to begin Initial 
Operations Capability evaluation on June 15, 2000. At this point 
controllers will begin to provide VFR advisories and traffic alerts to 
participating aircraft on a limited basis to validate their ability to 
conduct these operations. In August 2000, the ARTCC will go to 
Operational Readiness Demonstration, during which time the controllers 
will have the new ADS functional capabilities available on a full time 
basis. This is a higher level of validation leading to commissioning. 
It is expected that full IFR services, the final commissioning step, 
will be accomplished when the avionics achieves level C certification 
in November 2000. Eleven new stand alone GPS approaches are presently 
found in government and industry publications. Eight more GPS 
approaches are scheduled to be published by the end of August 2000. 
Each airport upgrading from VFR to IFR status is being provided with an 
Automated Weather Observing System (AWOS) in support of the Part 121 
and Part 135 operating rules regarding weather reporting.
    Comments were received urging the proposal be withdrawn for the 
following rationale: (1) Increased visibility and distance from clouds 
requirement above 1,200 feet AGL will hinder aircraft movement. Pilots 
would drop below 1,200 feet AGL, congesting this airspace and risk 
controlled flight into terrain or a mid-air collision, rather than 
request an IFR clearance and mess with positive control. (2) Radio 
communications via Remote Communications Air/Ground (RCAG) is limited 
in this area even incorporating Remote Communications Outlets (RCO). 
Pilots may not be able to contact an Air Traffic Control facility. (3) 
The workload on controllers at Automated Flight Service Station (AFSS) 
facilities will increase via relaying IFR and Special VFR clearances 
and other services. AFSS are not staffed to handle the increased radio 
communications. (4) Since only commercial aircraft will be equipped 
with the Capstone avionics and general aviation (GA) will be unable or 
unwilling to obtain clearances, there will be a combination of IFR and 
VFR aircraft operating within the same airspace during IFR conditions. 
Capstone participants cannot be assured separation from VFR and IFR 
traffic. (5) Poor pilot judgment in weather conditions below minimums 
does not warrant establishing a procedure that is extremely restrictive 
and alienates the small engine, GA pilot over such a large area of 
Alaska. (6) Capstone is doomed to failure because the FAA does not have 
the budget to allow compliance by all, nor maintain the data link 
infrastructure necessary for consistent reliability and future 
upgrades.

FAA Response to Comments

    The FAA disagrees with the comments for withdrawal of the proposal 
for the following reasons:
    (1) The visibility requirement above 1200 feet AGL will increase 
from one (1) statue mile in Class G airspace to three (3) statue miles 
in Class E airspace, however, cloud clearance requirements above 1200 
feet AGL remain unaffected. These visibility increases provide a safety 
buffer needed when IFR and VFR flights operate in the same airspace. 
Capstone is a joint FAA/industry project initiated to reduce the 
current Alaskan air taxi accident rate which is six (6) times the 
national average. The airports receiving new instrument procedures were 
selected by a group of industry representatives comprising a broad 
spectrum of both GA and commercial interests. The required airspace 
actions, with the resulting increase in visibility requirements, are a 
result of joint planning and coordinating with these industry groups.
    (2) RCAG/RCO coverage--ADS-B ``radar-like'' services are being 
implemented in a manner to utilize known air to ground radio coverage 
capabilities. Where it becomes known, in the implementation of this 
service, that additional voice communications coverage is needed, 
projects will be initiated to accommodate that need.
    (3) The installation of Capstone equipment into an aircraft does 
not change the Federal Aviation Regulations (FARs) under which the 
aircraft must be operated. Those aircraft properly equipped to conduct 
flight in instrument conditions with a rated crew may be expected to 
file for IFR services at any time the weather deteriorates below VFR 
minima. There will not be any waivers granted to Capstone equipped 
aircraft to operate VFR in IFR conditions as this would be a violation 
of the governing FARs. Capstone is a safety initiative. By introducing 
moving map terrain, NOTAM, and weather information to aircraft in 
flight, it is anticipated that accident rates may be reduced. Because 
aircraft will have increased access to information normally provided by 
flight service specialists through voice transmission, specialist 
workload may actually decrease in some areas.
    (4) One of the Capstone program objectives in support of the RTCA 
Free Flight Steering Committee is to provide participating aircraft the 
capability of ``enhanced see and avoid'' commonly referred to as 
Traffic Information Services (TIS). Initially, Capstone equipped 
aircraft will be able to display other similarly equipped aircraft, and 
in the foreseeable future radar tracked aircraft information will be 
uplinked to Capstone equipped aircraft as well. This information will 
be available to Capstone aircraft at all times, IFR or VFR, as long as 
they are within the service volume of a Capstone Ground Broadcast 
Transceiver. This should assist the pilot in performing their primary 
responsibility of ``seeing and avoiding'' other aircraft.
    (5) The Capstone project cannot overcome all NAS infrastructure 
deficiencies and that is not the project's intent. Capstone project is 
a safety initiative implemented to demonstrate the advantages inherent 
in emerging technology and afford those benefits to Alaskans on a 
geographically expanding basis.
    (6) The Capstone program is fully funded under the FAA's 
``Facilities and Equipment'' budget process. The program is presently 
funded for three years with planning under way for at least two 
additional years. Current program projections are to expand the program 
to serve the entire State of Alaska. Capstone infrastructure 
enhancements include weather reporting stations and new GPS based 
approach development as well as increasing service to the public by 
providing ``radar like services'' using ADS-B. Capstone is a fully 
funded project designed to allow a real world validation of a mixture 
of equipment to improve safety. Newly installed AWOS sites fill the 
weather needs at previously unserved airports and close gaps in the 
present weather reporting areas allowing for better weather forecasting 
and real time weather dissemination to working flight crews. Ground 
based equipment installed in the field will be certified and maintained 
to appropriate NAS standards.
    The area will be depicted on aeronautical charts for pilot 
reference. The coordinates for this airspace docket are based on North 
American Datum 83.

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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 
will be revised and published subsequently in the Order.

The Rule

    This amendment to 14 CFR part 71 (part 71) establishes Class E 
airspace within the Yukon-Kushkokwim Delta area in southwest Alaska. 
The intended effect of this rule is to create adequate controlled 
airspace and infrastructure for IFR operations within the in 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 in support of the 
Capstone R&D project. Additionally, this rule will enhance flight 
safety, reduce the potential for midair collisions, improve operational 
efficiencies, and better manage air traffic operations.
    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).

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 7400.9G, Airspace Designations and 
Reporting Points, dated September 1, 1999, and effective September 16, 
1999, 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  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 June 6, 2000.
Willis C. Nelson,
Manager, Air Traffic Division, Alaskan Region.
[FR Doc. 00-14861 Filed 6-12-00; 8:45 am]
BILLING CODE 4910-13-U