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[Federal Register: October 12, 2010 (Volume 75, Number 196)]
[Rules and Regulations]               
[Page 62460-62461]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12oc10-5]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2010-0445; Airspace Docket No. 10-AAL-13]

 
Revocation and Establishment of Class E Airspace; Northeast 
Alaska, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action removes redundant Class E airspace in Northeast 
Alaska and establishes Class E airspace near Eagle, Alaska. The recent 
removal of a Colored Federal Airway near Kaktovik, AK, duplication of 
controlled airspace near Mentasta Lake, AK, and the establishment of 
one Special Area Navigation (RNAV) Standard Instrument Approach 
Procedure (SIAP) at Eagle Airport, AK, have made these actions 
necessary to enhance safety by ensuring that sufficient airspace exists 
for the management of Instrument Flight Rules (IFR) operations.

DATES: Effective 0901 UTC, January 13, 2011. 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: Derril Bergt, AAL-BAL, Federal 
Aviation Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 
99513-7587; telephone number (907) 271-2796; fax: (907) 271-2850; e-
mail: derril.bergt@faa.gov. Internet address: http://www.faa.gov/about/office_org/headquarters_offices/ato/service_units/systemops/fs/alaskan/rulemaking/.

SUPPLEMENTARY INFORMATION: 

History

    On Wednesday, June 2, 2010, the FAA published a notice of proposed 
rulemaking in the Federal Register to remove some Class E airspace in 
Northeast Alaska and establish other Class E airspace near the Eagle 
Airport, Eagle, AK (75 FR 30746). The proposal did not fully explain 
why the Class E6 area associated with Barter Island, AK was being 
removed. The Barter Island Non-directional radio beacon (NDB) is 
scheduled for decommissioning. The current airspace description is 
defined by the Barter Island NDB, which is no longer in service. 
Additionally, recent Area Navigation routes charted to/from

[[Page 62461]]

the Barter Island area establish sufficient new Class E airspace to 
conduct IFR operations and therefore make the existing airspace 
unnecessary. Additionally, a typographical error (boundary coordinate) 
was noted in the NPRM airspace description and has been corrected in 
the final rule. With the exception of editorial changes, and the 
changes described above, this rule is the same as that proposed in the 
NPRM.
    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 Class E airspace areas designated as En Route Domestic Airspace 
Areas are published in paragraph 6006 of FAA Order 7400.9U, Airspace 
Designations and Reporting Points, dated August 18, 2010, and effective 
September 15, 2010, which is incorporated by reference in 14 CFR 71.1. 
The Class E airspace designations listed in this document will be 
published subsequently in the Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR) 
part 71 by revising Class E airspace in Northeast Alaska and 
establishing Class E airspace to accommodate enroute traffic to a new 
Special RNAV SIAP, and a new obstacle departure procedure (ODP) at the 
Eagle Airport, Eagle, AK. This Class E6 airspace will provide adequate 
controlled airspace upward from 1,200 feet above the surface for safety 
and management of commercial IFR operations in Northeast Alaska. Air 
carriers providing service to Eagle, AK, must currently operate under 
Visual Flight Rules (VFR). With the establishment of an instrument 
approach at Eagle Airport, the uncontrolled airspace must be converted 
into controlled airspace. The airspace required to provide for the 
safety and management of IFR operations at Eagle Airport is designated 
as E6 Enroute Domestic Airspace and is established by this rule.
    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. Because 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 revokes Class E airspace in Northeast Alaska, establishes Class E 
airspace to allow IFR access at Eagle Airport, Eagle, 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).

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; 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(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 7400.9U, Airspace Designations and Reporting 
Points, dated August 18, 2010, and effective September 15, 2010, is 
amended as follows:

Paragraph 6006 En Route Domestic Airspace Areas.

* * * * *

AAL AK E6 Northeast, AK [New]

    That airspace extending upward from 1,200 feet above the surface 
within an area beginning at lat. 63[deg]55'00'' N. long. 
141[deg]00'00'' W., then westward along a line of latitude to lat. 
63[deg]55'00'' N. long 144[deg]00'00'' W., to lat. 65[deg]30'00'' N. 
long 144[deg]00'00'' W., then eastward along a line of latitude to 
lat. 65[deg]30'00'' N. 141[deg]00'00'' W., to the point of 
beginning.
* * * * *

AAL AK E6 Barter Island, AK [Removed]

* * * * *

AAL AK E6 Mentasta Lake/Mountains Area, AK [Removed]

    Issued in Anchorage, AK, on September 29, 2010.
Michael A. Tarr,
Manager, Alaska Flight Services Information Area Group.
[FR Doc. 2010-25481 Filed 10-8-10; 8:45 am]
BILLING CODE 4910-13-P
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