[Federal Register Volume 74, Number 9 (Wednesday, January 14, 2009)]
[Rules and Regulations]
[Pages 1872-1874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-518]


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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]


Amendment of Class D and E Airspace; Bethel, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class D and E airspace at Bethel, AK to 
provide

[[Page 1873]]

to address magnetic variation changes with the Navigation Aids at the 
Bethel Airport. This action amends Class D and E airspace upward from 
the surface, and from 700 feet (ft.) and 1,200 ft. above the surface at 
Bethel Airport, Bethel, AK.

DATES: Effective Date: 0901 UTC, March 12, 2009. The Director of the 
Federal Register approves this incorporation by reference action under 
title 1, Code of Federal Regulations, part 51, subject to the annual 
revision of FAA Order 7400.9 and publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Gary Rolf, 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.faa.gov/about/office_org/headquarters_offices/ato/service_units/systemops/fs/alaskan/rulemaking/.

SUPPLEMENTARY INFORMATION:

History

    On Tuesday October 28, 2008, the FAA proposed to amend part 71 of 
the Federal Aviation Regulations (14 CFR) part 71 to amend Class D and 
E airspace upward from the surface, and from 700 ft. and 1,200 ft. 
above the surface at Bethel, AK (73 FR 63910). 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. The Class 
E4 description has been slightly modified to address small bearing and 
radial errors listed in the Notice of Proposed Rulemaking. 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 is 
amended by this action.
    Interested parties were invited to participate in this rulemaking 
proceeding by submitting written comments on the proposal to the FAA. 
No comments were received. The rule is adopted as proposed.
    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 D airspace area designations are published 
in paragraph 5000 of FAA Order 7400.9S, Airspace Designations and 
Reporting Points, signed October 3, 2008, and effective October 31, 
2008, 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 7400.9S, Airspace Designations and Reporting 
Points, signed October 3, 2008, and effective October 31, 2008, which 
is incorporated by reference in 14 CFR 71.1. The Class E airspace areas 
designated as 700/1,200 ft. transition areas are published in paragraph 
6005 of FAA Order 7400.9S, Airspace Designations and Reporting Points, 
signed October 3, 2008, and effective October 31, 2008, which is 
incorporated by reference in 14 CFR 71.1. The Class D and E airspace 
designations listed in this document will be published subsequently in 
the Order.

The Rule

    This amendment to 14 CFR part 71 amends Class D and E airspace at 
the Bethel Airport, Alaska. This Class D and E airspace is amended to 
accommodate aircraft executing instrument procedures, and will be 
depicted on aeronautical charts for pilot reference. The intended 
effect of this rule is to provide adequate controlled airspace for 
Instrument Flight Rules (IFR) operations at the Bethel Airport, Bethel, 
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 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.
    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 amends Class D and E airspace to contain aircraft executing 
instrument procedures for the Bethel 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 7400.9S, Airspace Designations and Reporting 
Points, signed October 3, 2008, and effective October 31, 2008, is 
amended as follows:

Paragraph 5000 General.

* * * * *

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 within a 4.1-mile radius of the Bethel Airport, AK, 
excluding that portion below 1,100 feet MSL between the 058[deg] 
radial and the 078[deg] 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.)

[[Page 1874]]

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] radial and 
the 078[deg] 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 019[deg] radial of the Bethel 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] radial and the 078[deg] 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 005[deg] 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 210[deg] 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 Localizer
    (Lat. 60[deg]46[min]06[sec] N., long. 161[deg]50[min]47[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 December 29, 2008.
Anthony M. Wylie,
Manager, Alaska Flight Services Information Area Group.
 [FR Doc. E9-518 Filed 1-13-09; 8:45 am]
BILLING CODE 4910-13-P