[Federal Register Volume 91, Number 54 (Friday, March 20, 2026)]
[Rules and Regulations]
[Pages 13495-13496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-05500]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2025-5140; Airspace Docket No. 25-AAL-171]
RIN 2120-AA66
Establishment of Class E Airspace; Birch Creek Airport, Birch
Creek, AK
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action establishes Class E airspace extending upward from
700 feet above the surface at Birch Creek Airport, Birch Creek, Alaska
(AK). This action supports the safety and management of instrument
flight rules (IFR) operations at the airport.
DATES: Effective date 0901 UTC, May 14, 2026. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order JO 7400.11
and publication of conforming amendments.
ADDRESSES: A copy of the notice of proposed rulemaking (NPRM), all
comments received, this final rule, and all background material may be
viewed online at www.regulations.gov using the FAA Docket number.
Electronic retrieval help and guidelines are available on the website.
It is available 24 hours each day, 365 days each year. An electronic
copy of this document may also be downloaded from
www.federalregister.gov.
FAA Order JO 7400.11K, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. You may also contact the Rules and
Regulations Group, Policy Directorate, Federal Aviation Administration,
600 Independence Avenue SW, Washington, DC 20597; telephone: (202) 267-
8783.
FOR FURTHER INFORMATION CONTACT: Bryantjay T. Toves, Federal Aviation
Administration, Western Service Center, Operations Support Group, 2200
S 216th Street, Des Moines, WA 98198; telephone (206) 231-3465.
SUPPLEMENTARY INFORMATION:
Authority for This Rulemaking
The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, 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 I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it establishes Class E airspace to support IFR operations
at Birch Creek Airport, Birch Creek, AK.
History
The FAA published an NPRM for Docket No. FAA-2025-5140 in the
Federal Register (91 FR 2515; January 21, 2026), proposing to establish
a Class E airspace area at Birch Creek Airport, Birch Creek, AK.
Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal to the FAA. No
comments were received.
Incorporation by Reference
Class E5 airspace areas are published in paragraph 6005 of FAA
Order JO 7400.11, Airspace Designations and Reporting Points, which is
incorporated by reference in 14 CFR 71.1 on an annual basis. This
document amends the current version of that order, FAA Order JO
7400.11K, dated August 4, 2025, and effective September 15, 2025. These
amendments will be published in the next update to FAA Order JO
7400.11. FAA Order JO 7400.11K, which lists Class A, B, C, D, and E
airspace areas, air traffic service routes, and reporting points, is
publicly available as listed in the ADDRESSES section of this document.
The Rule
This action amends 14 CFR part 71 by establishing a Class E
airspace area extending upward from 700 feet above the surface at Birch
Creek Airport, Birch Creek, AK, to contain two private-use special
instrument approach procedures in support of passenger shuttle,
medevac, and cargo aircraft.
Birch Creek Airport does not have published departure procedures;
instead, it allows for diverse departures. To accommodate this, a 6.4-
mile radius of Class E airspace extending upward from 700 feet above
the surface is established to contain departing IFR aircraft until
reaching 1,200 feet above the surface. A 6.4-mile radius also provides
containment of arriving IFR operations below 1,500 feet above the
surface when executing either of the private-use special instrument
approach procedures.
Regulatory Notices and Analyses
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
only affects air traffic procedures and air navigation, it is certified
that this rule, when promulgated, does not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.
Environmental Review
The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1G, ``FAA National Environmental Policy Act
Implementing Procedures,'' Appendix B, paragraph B-2.5. This airspace
action is not expected to cause any potentially significant
environmental impacts, and no extraordinary circumstances exist that
warrant preparation of an environmental assessment.
Lists of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
The Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:
PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE 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(f), 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 FAA Order JO
7400.11K,
[[Page 13496]]
Airspace Designations and Reporting Points, dated August 4, 2025, and
effective September 15, 2025, is amended as follows:
Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet
or More Above the Surface of the Earth.
* * * * *
ANM AK E5 Birch Creek, AK [New]
Birch Creek Airport, AK
(Lat. 66[deg]16'28'' N, long. 145[deg]49'06'' W)
That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of the airport.
* * * * *
Issued in Des Moines, Washington, on March 17, 2026.
B.G. Chew,
Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2026-05500 Filed 3-19-26; 8:45 am]
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