[Federal Register Volume 70, Number 5 (Friday, January 7, 2005)]
[Proposed Rules]
[Pages 1396-1397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-295]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2004-19813; Airspace Docket No. 04-AAL-26]


Proposed Revision of Class E Airspace; Point Lay, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This action proposes to revise the Class E airspace at Point 
Lay, AK. Three new Standard instrument approach procedures (SIAP's) are 
being published for Point Lay, AK. Additional Class E airspace is 
needed to contain aircraft executing instrument approaches at Point Lay 
Airport. Adoption of this proposal would result in additional Class E 
airspace upward from 1,200 feet (ft.) above the surface at Point Lay, 
AK.

DATES: Comments must be received on or before February 22, 2005.

ADDRESSES: Send comments on the proposal to the Docket Management 
System, U.S. Department of Transportation, Room Plaza 401, 400 Seventh 
Street, SW., Washington, DC 20590-0001. You must identify the docket 
number FAA-2004-19813/Airspace Docket No. 04-AAL-26, at the beginning 
of your comments. You may also submit comments on the Internet at 
http://dms.dot.gov. You may review the public docket containing the 
proposal, any comments received, and any final disposition in person in 
the Dockets Office between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The Docket Office (telephone 1-800-647-5527) 
is on the plaza level of the Department of Transportation NASSIF 
Building at the above address.
    An informal docket may also be examined during normal business 
hours at the office of the Manager, Safety, Alaska Flight Services 
Operations, Federal Aviation Administration, 222 West 7th Avenue, Box 
14, Anchorage, AK 99513-7587.

FOR FURTHER INFORMATION CONTACT: Jesse Patterson, AAL-538G, Federal 
Aviation Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 
99513-7587; telephone number (907) 271-5898; fax: (907) 271-2850; e-
mail: [email protected]. Internet address: http://www.alaska.faa.gov/at.

SUPPLEMENTARY INFORMATION: 

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 both docket numbers 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 Docket No. FAA-2004-19813/
Airspace Docket No. 04-AAL-26.'' 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 of 
comments received. All comments submitted will be available for 
examination in the

[[Page 1397]]

public docket 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 Notice of Proposed Rulemakings (NPRMs)

    An electronic copy of this document may be downloaded through the 
Internet at http://dms.dot.gov. Recently published rulemaking documents 
can also be accessed through the FAA's Web page at http://www.faa.gov 
or the Superintendent of Document's Web page at http://www.access.gpo.gov/nara.
    Additionally, any person may obtain a copy of this notice by 
submitting a request to the Federal Aviation Administration, Office of 
Air Traffic Airspace Management, ATA-400, 800 Independence Avenue, SW., 
Washington, DC 20591 or by calling (202) 267-8783. Communications must 
identify both docket numbers for this notice. Persons interested in 
being placed on a mailing list for future NPRMs should contact the 
FAA's Office of Rulemaking, (202) 267-9677, to request a copy of 
Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution 
System, which describes the application procedure.

The Proposal

    The FAA is considering an amendment to the Code of Federal 
Regulations (14 CFR part 71), by adding Class E airspace at Point Lay, 
AK. The intended effect of this proposal is to revise Class E airspace 
upward from 1,200 ft. above the surface to contain Instrument Flight 
Rules (IFR) operations at Point Lay, AK.
    The FAA Instrument Flight Procedures Production and Maintenance 
Branch has developed three new SIAPs for the Point Lay Airport. The new 
approaches are (1) Area Navigation (Global Positioning System) ( RNAV 
GPS) Runway (RWY) 5, original; (2) RNAV (GPS) RWY 23, original; and (3) 
Non-directional Beacon (NDB) RWY 5, original. Revised Class E 
controlled airspace extending upward from 1,200 ft above the surface 
within the 46-mile radius of the Point Lay Airport would be created by 
this action. The proposed airspace is sufficient to contain aircraft 
executing the new instrument procedures for the Point Lay Airport.
    The area would 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 in FAA Order 
7400.9M, Airspace Designations and Reporting Points, dated August 30, 
2004, and effective September 16, 2004, which is incorporated by 
reference in 14 CFR 71.1. The Class E airspace designations listed in 
this document would be published subsequently in the Order.
    The FAA has determined that this proposed 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, when promulgated, will not have a significant 
economic impact on a substantial number of small entities under the 
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is 
found in Title 49 of the United States Code. Subtitle 1, section 106 
describes the authority of the FAA Administrator. Subtitle VII, 
Aviation Programs, describes in more detail the scope of the agency's 
authority.
    This rulemaking is promulgated under the authority described in 
subtitle VII, part A, subpart 1, section 40103, Sovereignty and use of 
airspace. Under that section, the FAA is charged with prescribing 
regulations to ensure the safe and efficient use of the navigable 
airspace. This regulation is within the scope of that authority because 
in proposes to revise Class E airspace sufficient to contain aircraft 
executing instrument approaches at Point Lay Airport and represents the 
FAA's continuing effort to safely and efficiently use the navigable 
airspace.

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 7400.9M, Airspace Designations and 
Reporting Points, dated August 30, 2004, and effective September 16, 
2004, 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 Point Lay, AK [Revised]

Point Lay Airport, AK
    (Lat. 69[deg]43'58'' N., long. 163[deg]00'19'' W.)

    That airspace extending upward from 700 feet above the surface 
within an 8-mile radius of the Point Lay Airport and that airspace 
extending upward from 1,200 feet above the surface within a 46-mile 
radius of the Point Lay Airport, excluding that airspace outside 12 
nautical miles from the State of Alaska shoreline.
* * * * *

    Issued in Anchorage, AK, on December 30, 2004.
Anthony M. Wylie,
Acting Area Director, Alaska Flight Services Area Office.
[FR Doc. 05-295 Filed 1-6-05; 8:45 am]
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