[Federal Register Volume 66, Number 20 (Tuesday, January 30, 2001)]
[Rules and Regulations]
[Pages 8170-8171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-2234]



[[Page 8170]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 00-AAL-12]


Establishment of Class E Airspace; Cape Newenham, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class E airspace at the Long Range 
Radar site (LRRS) at Cape Newenham, AK. The United States Air Force 
requested this action to create controlled airspace for the instrument 
approach and departure procedures to runway (RWY) 14 and RWY 32 at Cape 
Newenham, AK. This action is necessary in order for the approach and 
departure procedures to be published in the U.S. Government Flight 
Information Publication, U.S. Terminal Procedures--Alaska. This rule 
provides adequate controlled airspace for aircraft flying Instrument 
Flight Rules (IFR) operations at Cape Newenham, AK.

EFFECTIVE DATE: 0901 UTC, March 22, 2001.

FOR FURTHER INFORMATION CONTACT: Major Roger Stirm, Department of the 
Air Force Representative, Federal Aviation Administration, 222 West 7th 
Avenue, Box 14, Anchorage, AK 99513-7587; telephone number (907) 271-
5892; fax: (907) 271-2850; email: [email protected]. Internet 
address: http://www.alaska.faa.gov/at or at address http://162.58.28.41/at.

SUPPLEMENTARY INFORMATION:

History

    On September 25, 2000, a proposal to amend part 71 of the Federal 
Aviation Regulations (14 CFR part 71) to revise the Class E airspace at 
Cape Newenham, AK, was published in the Federal Register (65 FR 57576). 
The proposal was requested by the U.S. Air Force to create controlled 
airspace for the instrument approach and departure procedures to RWY 14 
and RWY 32 at Cape Newenham, AK. This action is necessary in order for 
the approach and departure procedures to be published in the U.S. 
Government Flight Information Publication, U.S. Terminal Procedures--
Alaska. This rule provides adequate controlled airspace for aircraft 
flying IFR operations at Cape Newenham, AK.
    Interested parties were invited to participate in this rulemaking 
proceeding by submitting written comments on the proposal to the FAA. 
Public comments to the proposal were submitted by a commenter 
representing both the Alaska Airmen's Association and the Alaska 
Communication Systems (ACS). The commenter had concerns on the size and 
orientation of the proposed Class E airspace. The U.S. Air Force, in a 
28 November 2000 letter to the FAA and commenter, pointed out that the 
procedures used by the commenter to evaluate airspace needs were not 
developed by the U.S. Air Force and therefore have no validity in 
correctly analyzing the requested airspace. Furthermore, the U.S. Air 
Force revalidated the computations for the requested airspace and 
ensured that the U.S. Air Force minimized the amount of controlled 
airspace required in accordance with FAA Order 7130.3. The FAA has 
considered these comments and determined that the requested airspace is 
needed to provide adequate controlled airspace for aircraft flying IFR 
operations in the vicinity of Cape Newenham, AK. The airspace 
description does overlap the existing Class E airspace and the 
exclusionary verbiage was inadvertently left out. The following 
verbiage has been added to the end of the airspace description: 
``excluding the existing Class E airspace.'' The FAA has determined 
that this change is editorial in nature and will not increase the scope 
of this rule. Except for the non-substantive change just discussed, the 
rule is adopted as written.
    The area 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 700/1200 
foot transition areas are published in paragraph 6005 of FAA Order 
7400.9H, Airspace Designations and Reporting Points, dated September 1, 
2000, and effective September 16, 2000, 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 establishes Class E airspace at 
Cape Newenham, AK, through a request by the U.S. Air Force to create 
controlled airspace for the instrument approach and departure 
procedures to RWY 32 and from RWY 14 at Cape Newenham, AK. This action 
is necessary in order for the approach and departure procedures to be 
published in the U.S. Government Flight Information Publication, U.S. 
Terminal Procedures--Alaska. The area will be depicted on aeronautical 
charts for pilot reference. The intended effect of this rule is to 
provide adequate controlled airspace for IFR operations at Cape 
Newenham, AK.
    The FAA has determined that this 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 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 7400.9H, Airspace Designations and 
Reporting Points, dated September 1, 2000, and effective September 16, 
2000, 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 Cape Newenham, AK  [New]

Cape Newenham LRRS, AK
(Lat. 58 deg. 38' 47" N., long. 162 deg. 03' 46" W.)

    That airspace extending upward from 700 feet above the surface 
within a 7 mile radius of the Cape Newenham LRRS; and that airspace 
extending upward from 1,200 feet above the surface from lat. 58 deg. 
38' 00' N long. 162 deg. 18' 00" W, clockwise to lat. 58 deg. 50' 
00" N long. 162 deg. 26' 00" W, to lat. 59 deg. 14' 00" N

[[Page 8171]]

long. 162 deg. 26' 00" W, to lat. 59 deg. 14' 00" N long. 161 deg. 
35' 00" W, to lat. 59 deg. 00' 00" N long. 161 deg. 35' 00" W, to 
the point of beginning, excluding the existing Class E airspace.
* * * * *

    Issued in Anchorage, AK, on January 16, 2001.
Stephen P. Creamer,
Assistant Manager, Air Traffic Division, Alaskan Region.
[FR Doc. 01-2234 Filed 1-29-01; 8:45 am]
BILLING CODE 4910-13-U