[Federal Register Volume 88, Number 212 (Friday, November 3, 2023)]
[Rules and Regulations]
[Pages 75483-75484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24024]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-1119; Airspace Docket No. 22-AAL-76]
RIN 2120-AA66


Establishment of Class E Airspace; Tununak Airport, Tununak, 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 Tununak Airport, Tununak, AK, in support 
of the airport's transition from visual flight rules (VFR) to 
instrument flight rules (IFR) operations.

DATES: Effective date 0901 UTC, July 11, 2024. 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, 
Airspace Designations and Reporting Points, 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.
    FAA Order JO 7400.11H, and subsequent amendments can be viewed 
online at www.faa.gov/air_traffic/publications/. You may also contact 
the Rules and Regulations Group, Office of Policy, Federal Aviation 
Administration, 800 Independence Avenue SW, Washington, DC 20591; 
telephone: (202) 267-8783.

FOR FURTHER INFORMATION CONTACT: Jeffrey Drasin, Federal Aviation 
Administration, Western Service Center, Operations Support Group, 2200 
S 216th Street, Des Moines, WA 98198; telephone (206) 231-2248.

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 (U.S.C.). 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 Tununak Airport, Tununak, AK.

History

    The FAA published an NPRM for Docket No. FAA-2023-1119 in the 
Federal Register (88 FR 37484; June 8, 2023), proposing to establish 
Class E airspace at Tununak Airport, 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

    The Class E5 airspace designation is published in paragraph 6005 of 
FAA Order JO 7400.11, 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 7400.11H, dated August 11, 2023, and effective 
September 15, 2023. FAA Order JO 7400.11H is publicly available as 
listed in the ADDRESSES section of this document. These amendments will 
be published in the next update to FAA Order JO 7400.11.
    FAA Order JO 7400.11H lists Class A, B, C, D, and E airspace areas, 
air traffic service routes, and reporting points.

The Rule

    This action amends 14 CFR part 71 to establish Class E airspace at 
Tununak Airport, Tununak, AK, in support of the airport's transition 
from VFR to IFR operations.
    The Class E airspace will extend upward from 700 feet above the 
surface and extends 7.4 miles from the airport reference point to both 
the north and south with a 3.4-mile western extension. This 
configuration is designed to fully contain arriving IFR operations 
below 1,500 feet above the surface on the Area Navigation (RNAV) Global 
Positioning System (GPS) RWY 34 approach, RNAV (GPS) Y RWY 16 approach, 
and the RNAV (GPS) Z RWY 16 approach, as well as departing IFR 
operations until they reach 1,200 feet above the surface on the EZEPU 
ONE (OBSTACLE) (RNAV) departure.

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 (E.O.) 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 a categorical 
exclusion under the National Environmental Policy Act in accordance 
with FAA Order 1050.1F, Environmental Impacts: Policies and Procedures, 
paragraph 5-6.5.a. 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 FAA amends 14 CFR part 71 as 
follows:

[[Page 75484]]

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 part 71.1 of FAA Order JO 
7400.11H, Airspace Designations and Reporting Points, dated August 11, 
2023, and effective September 15, 2023, is amended as follows:

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

* * * * *

AAL AK E5 Tununak, AK [New]

Tununak Airport, AK
    (Lat. 60[deg]34'10'' N, long. 165[deg]14'47'' W)

    That airspace extending upward from 700 feet above the surface 
within a 3.4-mile radius of the airport between the 258[deg] bearing 
clockwise to the 306[deg] bearing, and within 2.5 miles east and 2.8 
miles west of the 168[deg] bearing extending from the airport to 7.4 
miles south, and within 1.9 miles east and 2.3 miles west of the 
348[deg] bearing extending from the airport to 7.4 miles north.
* * * * *

    Issued in Washington, DC, on October, 25, 2023.
B.G. Chew,
Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2023-24024 Filed 11-2-23; 8:45 am]
BILLING CODE 4910-13-P