[Federal Register Volume 69, Number 37 (Wednesday, February 25, 2004)]
[Rules and Regulations]
[Pages 8560-8562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4175]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2003-16342; Airspace Docket No. 03-AAL-15]


Establishment of Class E Airspace; Southeast, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class E airspace over Southeast 
Alaska. Creation of Class E controlled airspace is needed to contain 
aircraft that will be flying new Area Navigation (RNAV) Routes created 
in support of the Capstone Initiative. The RNAV Routes established 
throughout Southeast Alaska will require the use of Global Positioning 
System (GPS) Wide Area Augmentation System (WAAS) avionics. Anchorage 
Air Route Traffic Control Center (ANC ARTCC) will utilize this 
controlled airspace to provide Air Traffic Control (ATC) services to 
aircraft that will be flying Southeast Alaska RNAV Routes under 
Instrument Flight Rules (IFR). The RNAV Routes will permit flight at 
significantly lower altitudes than those available on airways 
constructed from land based Navigational Aids (NAVAIDS).

EFFECTIVE DATE: 0901 UTC, June 10, 2004.

FOR FURTHER INFORMATION CONTACT: Derril Bergt, AAL-531, Federal 
Aviation Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 
99513-7587; telephone number (907) 271-2796; fax: (907) 271-2850; 
email: [email protected]. Internet address: http://www.alaska.faa.gov/at.

SUPPLEMENTARY INFORMATION:

History

    On Wednesday, November 19, 2003, the FAA proposed to revise part 71 
of the Code of Federal Regulations (14 CFR part 71) to create new Class 
E airspace extending upward from 1,200 ft. above the surface over 
Southeast AK (68 FR 65225). The action was necessary because Class E 
airspace is needed that is sufficient in size to contain aircraft while 
flying new RNAV Routes (GPS-WAAS Required) that will be established in 
support of the Capstone program. The Class E airspace created by this 
action will enable ATC to provide IFR service to aircraft flying 
enroute and connecting to Standard Instrument Approach Procedures 
(SIAP) to and from various airports throughout Southeast Alaska. The 
effect of this proposal is to: (1) Provide adequate controlled airspace 
for commercial air carriers and others conducting IFR operations in 
Southeast Alaska, (2) validate new operational procedures and equipment 
in the IFR environment, (3) provide an enroute IFR structure for 
operations that can be flown safely at significantly lower altitudes 
than those permitted on airways defined on land based NAVAIDS, and (4) 
provide IFR access via Public and Special approach and departure 
procedures to airports not otherwise able to connect to the IFR 
infrastructure. ATC will provide IFR services within the new Class E 
airspace. The establishment of Class E airspace in this rule will have 
an impact on pilot's flight visibility and cloud avoidance requirements 
while flying under VFR, during the day above 1,200

[[Page 8561]]

feet Above Ground Level (AGL) and below 10,000 feet Mean Sea Level 
(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 mile)                 Distance from clouds
----------------------------------------------------------------------------------------------------------------
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 10,000                  1  500 feet below.
     feet MSL, day.                                             1,000 feet above.
                                                                2,000 feet horizontal.
    1,200 feet or more and less than 10,000                  3  500 feet below.
     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 feet MSL..............                  3  500 feet below.
                                                                1,000 feet above.
                                                                2,000 feet horizontal.
    At or above 10,000 feet MSL............                  5  1,000 feet below.
                                                                1,000 feet above.
                                                                1 statute mile horizontal.
----------------------------------------------------------------------------------------------------------------

Interested parties were invited to participate in this rulemaking 
proceeding by submitting written comments on the proposal to the FAA. 
The comment period closed on January 5, 2004.
    One letter commenting on the proposal was received. The commenter 
made the following recommendations:

    Return Petersburg and Wrangell CTAF to Sitka Radio.
    Return Gustavus CTAF to Juneau Radio.

    The FAA disagrees with these two proposals. Previous evaluations of 
the assignments of CTAF frequencies to Juneau, Gustavus, Sitka, 
Wrangell, and Petersburg have concluded that CTAF and In-flight 
Position frequency congestion have been a problem when too many 
airports share a single frequency. This is the case at Juneau and 
Gustavus, and at Wrangell, Petersburg and Sitka. The nature of 
communications between the FSS/AFSS and pilots frequently require 
lengthy transmissions (flight-plans, pilot reports, weather briefings, 
etc.) that tie up frequencies when other information needs to be 
exchanged in a timely manner, e.g., CTAF traffic information. It has 
become necessary to separate the CTAFs from the In-flight Position 
frequencies in order to accomplish and/or allow all the functions that 
are needed. This is especially true in the busy summer months. Users 
benefit from the frequency separation by being able to exchange traffic 
with each other on frequencies that are unimpeded by lengthy 
transmissions not pertinent to airport environs.

    Evaluate the proposed ZAN [Anchorage Air Route Traffic Control 
Center] Sector 8/Sector 68 divide between Petersburg and Wrangell so 
that one controller handles the IFR and Special VFR traffic 
throughout SE Alaska, or at a minimum, between Petersburg and 
Wrangell.

    The FAA has accomplished this action and has made a split between 
high altitude and low altitude traffic. Sector 8 now handles all SE 
Alaska traffic (below FL270), whether IFR or Special VFR. Sector 68 
handles the majority of the high-altitude (FL 270 and above) traffic 
that used to be handled by Sector 8.

    With anticipated increase of IFR traffic into Juneau, staff the 
Juneau Tower full time. (In the past, allowing JNU FSS personnel to 
work out of JNU Tower was beneficial and may be an adequate 
alternative to full-time staffing of the Tower.)

    The FAA disagrees with this comment. Juneau Airport Traffic Control 
Tower (JNU ATCT) is staffed to match airport demand. However, an 
enhancement to airport advisories from the JNU AFSS that are currently 
available when the JNU ATCT is closed, are planned. A one-year test 
using ADS-B surveillance for airborne traffic and ground vehicles, that 
are appropriately equipped, on the JNU Airport is planned to begin in 
the summer of 2005. Transponder equipped aircraft will be included when 
milti-lateration becomes available.
    In the past, JNU AFSS personnel have worked in JNU ATCT only for 
short periods when the FSS/AFSS was unavailable due to construction 
activities, e.g., when the FSS was decommissioned and the AFSS was 
commissioned. The FAA has not routinely staffed the JNU ATCT with FSS 
or AFSS personnel. This concept would require extensive communications 
and equipment remodeling, as well as re-certification of personnel. JNU 
ATCT does not have the room to house the equipment necessary to support 
the AFSS function.
    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 
7400.9L, Airspace Designations and Reporting Points, dated September 2, 
2003, and effective September 16, 2003, which is incorporated by 
reference in 14 CFR 71.1. The Class E airspace designation listed in 
this document will be revoked and revised subsequently in the Order.

The Rule

    This revision to 14 CFR part 71 establishes Class E airspace over 
Southeast Alaska within an area beginning at lat. 
5854'25.2'' N. long. 13731'55.3'' to lat. 
5838'33.2'' N., long.

[[Page 8562]]

13812'21.25'' W., thence southeast along the offshore 
airspace 12 nautical miles west of and parallel to the shoreline to the 
point of intersection with the Alaska/Canada Border, thence along the 
Alaska/Canada Border to the point of beginning excluding that airspace 
designated for federal airways.
    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 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

0
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

0
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]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation 
Administration Order 7400.9L, Airspace Designations and Reporting 
Points, dated September 2, 2003, and effective September 16, 2003, is 
amended as follows:

Paragraph 6006 En Route Domestic Airspace Areas.

* * * * *

AAL AK E6 Southeast, AK [New]

    That airspace extending upward from 1,200 feet AGL to the base 
of overlaying Class E airspace above 14,500 feet MSL, within an area 
beginning at lat. 5854'25.2'' N. long. 
13731'55.3'' W. to lat. 5838'33.2'' N. 
long. 13812'21.25'' W., thence southeast along the 
offshore airspace 12 nautical miles west of and parallel to the 
shoreline to the point of intersection with the Alaska, United 
States/Canada Border, thence along the Alaska, United States/Canada 
Border to the point of beginning excluding that airspace designated 
for federal airways and excluding that airspace within the 
Ketchikan, AK Class E5, the Klawock, AK Class E5, the Wrangell, AK 
Class E5, the Petersburg, AK Class E5, the Kake, AK Class E5, the 
Sitka, AK Class E5, and the Juneau, AK Class E5 airspace areas.
* * * * *

    Issued in Anchorage, AK, on February 13, 2004.
Judith G. Heckl,
Manager, Air Traffic Division, Alaskan Region.
[FR Doc. 04-4175 Filed 2-24-04; 8:45 am]
BILLING CODE 4910-13-P