[Federal Register Volume 73, Number 209 (Tuesday, October 28, 2008)]
[Proposed Rules]
[Pages 63910-63912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25714]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-0997; Airspace Docket No. 08-AAL-28]


Proposed Amendment of Class E Airspace; Bethel, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This action proposes to amend Class D and E airspace at 
Bethel, AK. The Airport and Navigation Aids will be soon undergoing a 
magnetic variation change. This change will result in the necessity to 
revise the airspace descriptions. Additionally, the present 1,200 foot 
airspace is no longer necessary, because Bethel lies within a larger 
section of controlled airspace called the Yukon-Kuskokwim Delta Class E 
airspace covering the area required for the airport. Adoption of this 
proposal would result in amendment of existing Class D and E airspace 
upward from the surface, and from 700 feet (ft.) and 1,200 ft. above 
the surface at the Bethel Airport, Bethel, AK.

DATES: Comments must be received on or before December 12, 2008.

ADDRESSES: Send comments on the proposal to the Docket Management 
Facility, U.S. Department of Transportation, 1200 New Jersey Avenue, 
SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-
0001. You must identify the docket number FAA-2008-0997/Airspace Docket 
No. 08-AAL-28, at the beginning of your comments. You may also submit 
comments on the Internet at http://www.regulations.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 Service 
Operations, Federal Aviation Administration, 222 West 7th Avenue, Box 
14, Anchorage, AK 99513-7587.

FOR FURTHER INFORMATION CONTACT: Gary Rolf, 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-2008-0997/
Airspace Docket No. 08-AAL-28.'' 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 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://www.regulations.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/index.html.
    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

[[Page 63911]]

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 Title 14 Code of Federal 
Regulations (14 CFR) Part 71, which would amend the Class D and E 
airspace at the Bethel Airport, in Bethel, AK. The intended effect of 
this proposal is to amend Class D and E airspace upward from the 
surface, and from 700 ft. and 1,200 ft. above the surface to contain 
Instrument Flight Rules (IFR) operations at the Bethel Airport, Bethel, 
AK.
    The Bethel Airport and its Navigation Aids will be soon undergoing 
a magnetic variation change. This change will result in the necessity 
to amend the airspace descriptions. There will be no visible change to 
the airspace currently depicted on aeronautical charts. Additionally, 
the present 1,200 foot airspace description is no longer necessary, 
because Bethel, Alaska lies within a larger section of Class E5 
airspace, called Yukon-Kuskokwim Delta, covering the area required for 
the airport. Class D and E controlled airspace extending upward from 
the surface, and from 700 ft. and 1,200 ft. above the surface in the 
Bethel Airport area would be amended by this action. The proposed 
airspace is sufficient in size to contain aircraft executing the 
instrument procedures at the Bethel Airport, Bethel, AK.
    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 D airspace area designations are published 
in paragraph 5000 of FAA Order 7400.9R, Airspace Designations and 
Reporting Points, signed August 15, 2007, and effective September 15, 
2007, which is incorporated by reference in 14 CFR 71.1. The Class E 
airspace areas designated as surface areas are published in paragraph 
6002 and 6004 in FAA Order 7400.9R, Airspace Designations and Reporting 
Points, signed August 15, 2007, and effective September 15, 2007, which 
is incorporated by reference in 14 CFR 71.1. The Class E airspace areas 
designated as 700/1200 foot transition areas are published in paragraph 
6005 in FAA Order 7400.9R, Airspace Designations and Reporting Points, 
signed August 15, 2007, and effective September 15, 2007, which is 
incorporated by reference in 14 CFR 71.1. The Class D and 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 
it proposes to create Class D and E airspace sufficient in size to 
contain aircraft executing instrument procedures at the Bethel Airport, 
AK, 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 7400.9R, Airspace Designations and 
Reporting Points, signed August 15, 2007, and effective September 15, 
2007, is to be amended as follows:
* * * * *

Paragraph 5000 Class D Airspace Extending Upward from 700 Feet or 
More Above the Surface of the Earth.

* * * * *

AAL AK D Bethel, AK [Amended]

Bethel, Bethel Airport, AK
    (Lat. 60[deg]46[min]47[sec] N., long. 161[deg]50[min]17[sec] W.)
Bethel VORTAC
    (Lat. 60[deg]47[min]05[sec] N., long. 161[deg]49[min]28[sec] W.)

    That airspace extending upward from the surface to and including 
2,600 feet MSL and within a 4.1-mile radius of the Bethel Airport, 
AK, excluding that portion below 1,100 feet MSL between the 
058[deg](T)/044[deg](M) radial and the 078[deg](T)/064[deg](M) 
radial of the Bethel VORTAC, AK, from 2.9 miles northeast of the 
Bethel VORTAC, AK. This Class D airspace area is effective during 
the specific dates and times established in advance by a Notice to 
Airmen. The effective date and time will thereafter be continuously 
published in the Airport/Facility Directory.
* * * * *

Paragraph 6002 Class E Airspace Designated as Surface Areas.

* * * * *

AAL AK E2 Bethel, AK [Amended]

Bethel, Bethel Airport, AK
    (Lat. 60[deg]46[min]47[sec] N., long. 161[deg]50[min]17[sec] W.)
Bethel VORTAC
    (Lat. 60[deg]47[min]05[sec] N., long. 161[deg]49[min]28[sec] W.)

    Within a 4.1-mile radius of the Bethel Airport, AK, excluding 
that portion below 1,100 feet MSL between the 058[deg](T)/
044[deg](M) radial and the 078[deg](T)/064[deg](M) radial of the 
Bethel VORTAC, AK, from 2.9 miles northeast of the Bethel VORTAC, 
AK. This Class E airspace area is effective during the specific 
dates and times established in advance by a Notice to Airmen. The 
effective date and time will thereafter be continuously published in 
the Airport/Facility Directory.
* * * * *

Paragraph 6004 Class E Airspace Areas Designated as an Extension to 
a Class D Surface Area.

* * * * *

AAL AK E4 Bethel, AK [Amended]

Bethel, Bethel Airport, AK
    (Lat. 60[deg]46[min]47[sec] N., long. 161[deg]50[min]17[sec] W.)
Bethel VORTAC
    (Lat. 60[deg]47[min]05[sec] N., long. 161[deg]49[min]28[sec] W.)

    That airspace extending upward from the surface within 3 miles 
each side of the 023[deg](T)/009[deg](M) radial of the Bethel

[[Page 63912]]

VORTAC, AK, extending from the 4.1-mile radius of the Bethel 
Airport, AK, to 8.2 miles northeast of the Bethel Airport, AK, 
excluding that portion below 1,100 feet MSL between the 058[deg](T)/
044[deg](M) radial and the 078[deg](T)/064[deg](M) radial of the 
Bethel VORTAC, AK, from 2.9 miles northeast of the Bethel VORTAC, 
AK, and within 3.4 miles each side of the 008[deg](T)/354[deg](M) 
radial of the Bethel VORTAC, AK, extending from the 4.1-mile radius 
of the Bethel Airport, AK, to 11 miles north of the Bethel VORTAC, 
AK, and within 3.5 miles each side of the 215[deg](T)/201[deg](M) 
radial of the Bethel VORTAC, AK, extending from the 4.1-mile radius 
of the Bethel Airport, AK, to 5 miles southwest of the Bethel 
Airport, AK.
* * * * *

Paragraph 6005 Class E Airspace Extending Upward from 700 Feet or 
More Above the Surface of the Earth.

* * * * *

AAL AK E5 Bethel, AK [Amended]

Bethel, Bethel Airport, AK
    (Lat. 60[deg]46[min]47[sec] N., long. 161[deg]50[min]17[sec] W.)
Bethel VORTAC
    (Lat. 60[deg]47[min]05[sec] N., long. 161[deg]49[min]28[sec] W.)

    That airspace extending upward from 700 feet above the surface 
within a 16.8-mile radius of the Bethel Airport, AK, and within 8 
miles west and 4 miles east of the Bethel Localizer front course 
extending from the 16.8-mile radius of the Bethel Airport, AK, to 
22.8 miles north of the Bethel Airport, AK, and within 8 miles east 
and 4 miles west of the Bethel Localizer back course extending from 
the 16.8-mile radius of the Bethel Airport, AK, to 21.4 miles south 
of the Bethel Airport, AK.
* * * * *

    Issued in Anchorage, AK, on October 20, 2008.
Marshall G. Severson,
Acting Manager, Alaska Flight Services Information Area Group.
 [FR Doc. E8-25714 Filed 10-27-08; 8:45 am]
BILLING CODE 4910-13-P