[Federal Register Volume 70, Number 9 (Thursday, January 13, 2005)]
[Rules and Regulations]
[Pages 2346-2347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-663]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2004-19361; Airspace Docket No. 04-AAL-21]


Establishment of Class E Airspace; Prospect Creek, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class E airspace at Prospect Creek, AK 
to provide adequate controlled airspace to contain aircraft executing 
Special Instrument Approach Procedures. This Rule results in new Class 
E airspace upward from 700 feet (ft.) above the surface at Prospect 
Creek Airport, AK.

EFFECTIVE DATE: 0901 UTC, March 17, 2005.

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; 
email: [email protected]. Internet address: http://www.alaska.faa.gov/at.

SUPPLEMENTARY INFORMATION:

History

    On Wednesday, November 3, 2004, the FAA proposed to revise part 71 
of the Federal Aviation Regulations (14 CFR part 71) to create new 
Class E airspace upward from 700 ft. above the surface at Prospect 
Creek, AK (69 FR 63978). The action was proposed in order to establish 
Class E airspace sufficient in size to contain aircraft while executing 
Special Instrument Approach Procedures at the Prospect Creek Airport. 
New Class E controlled airspace extending upward from 700 ft. above the 
surface at the Prospect Creek Airport is established by this action. 
The coordinates for the Prospect Creek Airport and Prospect Creek Non-
Directional Beacon (NDB) were incorrectly listed in the Notice of 
Proposed Rulemaking and are corrected in the Final Rule. Interested 
parties were invited to participate in this rulemaking proceeding by 
submitting written comments on the proposal to the FAA. No public 
comments have been received, thus, the rule is adopted as proposed, but 
with the corrected coordinates for the Prospect Creek Airport and the 
Prospect Creek NDB.
    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 
7400.9M, 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 designation listed in 
this document will be published subsequently in the Order.

The Rule

    This revision to 14 CFR part 71 establishes Class E airspace at 
Prospect Creek Airport, Alaska. This additional Class E airspace was 
created to accommodate aircraft executing Special Instrument Flight 
Procedures and 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 Prospect Creek Airport, 
Alaska.
    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.
    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 
it creates Class E airspace sufficient in size to contain aircraft 
executing Instrument Approach Procedures for the Prospect Creek 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).

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 7400.9M, Airspace Designations and Reporting 
Points, dated August 30, 2004, and effective September 16, 2004, 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 Prospect Creek, AK [New]

Prospect Creek Airport, AK
    (Lat. 66[deg]48'51'' N., long. 150[deg]38'37'' W.)
Prospect Creek NDB
    (Lat. 66[deg]49'03'' N., long. 150[deg]38'03'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 4.2-mile radius of the Prospect Creek NDB and that

[[Page 2347]]

airspace 4 miles either side of the 096[deg] bearing to the Prospect 
Creek NDB from the 4.2 mile radius out to 8 miles.
* * * * *

    Issued in Anchorage, AK, on January 5, 2005.
Anthony M. Wylie,
Acting Area Director, Alaska Flight Services Area Office.
[FR Doc. 05-663 Filed 1-12-05; 8:45 am]
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