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[Federal Register: June 8, 2010 (Volume 75, Number 109)]
[Rules and Regulations]               
[Page 32269-32271]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08jn10-10]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2010-0080; Airspace Docket No. 10-AAL-2]

 
Revision of Class E Airspace; Wainwright, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action revises Class E airspace at Wainwright, AK, to 
accommodate amended Standard Instrument Approach Procedures (SIAPs), 
and one new Obstacle Departure Procedure (ODP) at Wainwright Airport. 
The FAA is taking this action to enhance safety and management of 
Instrument Flight Rules (IFR) operations at Wainwright Airport.

DATES: Effective 0901 UTC, July 29, 2010. 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: 
gary.ctr.rolf@faa.gov. Internet address: http://www.faa.gov/about/office_org/headquarters_offices/ato/service_units/systemops/fs/alaskan/rulemaking/.

SUPPLEMENTARY INFORMATION:

History

    On Thursday, March 11, 2010, the FAA published a notice of proposed 
rulemaking in the Federal Register to revise Class E airspace at 
Wainwright, AK (75 FR 11480).
    Interested parties were invited to participate in this rulemaking 
proceeding by submitting written comments on the proposal to the FAA. 
One comment was received. Refer to Figure 1 below to see the affected 
airspace. The commenter agreed with the 700 foot requirement, but asked 
why the 1,200 foot controlled airspace had to extend 70 miles from the 
airport, and disagreed with the proposal by questioning the need to 
extend that distance. The commenter asserted that if he were not able 
to contact the clearance authority, it would be illegal and unsafe to 
fly in controlled airspace under IFR without a clearance. The 70-mile 
requirement is based on Area Navigation (RNAV) instrument approach 
requirements based on what are called Terminal Arrival Areas (TAAs). A 
typical approach is designed to begin at the Initial Approach Fix (IAF) 
approximately 30 miles from the airport. The air traffic control's 
controlled airspace requirement begins another 30 miles outside the 
IAF. In this case, the extension requires a 70-mile radius. 
Additionally, the commenter asserted that flights out to 70 miles in 
this area are in Class G airspace. In fact, only a small portion of 
Class G would be converted to Class E (approximately 5-10% of the 
area). The remainder is already 1,200 foot Class E airspace associated 
with airport IFR service at Barrow, Point Lay, and Atqasuk. TAA's in 
Alaska are good for pilots where non-radar operations are common. They 
essentially allow the arrival to be reduced to no more than two 90 
degree turns to final, without extended non-radar clearances for 
excessive distances. The trade off in this case is less Class G 
airspace. However, even in Alaska, the Class G airspace is being 
converted to Class E where other TAAs have been published, and is 
quickly becoming unusable for any great distance. Regarding safety, the 
commenter is correct. Should he encounter inadvertent Instrument 
Meteorological Conditions (IMC) and have to climb to remain clear of 
clouds, he would have to either turn to remain VMC or declare an 
emergency, as he would anywhere else in the country. His comments are 
reasonable and thoughtful, and we appreciate his participation in this 
process. However, after consideration of the comment, the rule is 
adopted as proposed.
Figure 1

[[Page 32270]]

[GRAPHIC] [TIFF OMITTED] TR08JN10.000

    The Class E airspace areas designated as 700/1,200 ft. transition 
areas are published in paragraph 6005 of FAA Order 7400.9T, Airspace 
Designations and Reporting Points, signed August 27, 2009, and 
effective September 15, 2009, 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 at Wainwright Airport, AK, to 
accommodate amended RNAV SIAPs, and a new ODP at Wainwright Airport. 
This Class E airspace will provide adequate controlled airspace upward 
from 700 and 1,200 feet above the surface for safety and management of 
IFR operations at Wainwright Airport.
    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 creates Class E airspace sufficient in size to contain aircraft 
executing instrument procedures for the Wainwright 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).

[[Page 32271]]

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 7400.9T, Airspace Designations and Reporting 
Points, signed August 27, 2009, and effective September 15, 2009, is 
amended as follows:

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

* * * * *

AAL AK E5 Wainwright, AK [Revised]

Wainwright Airport, AK
    (Lat. 70[deg]38'17'' N., long. 159[deg]59'41'' W.)

That airspace extending upward from 700 feet above the surface 
within an 8.5-mile radius of the Wainwright Airport, AK; and that 
airspace extending upward from 1,200 feet above the surface within a 
73-mile radius of the Wainwright Airport, AK, excluding that portion 
extending outside the Anchorage Arctic CTA/FIR (PAZA) boundary.
* * * * *

    Issued in Anchorage, AK, on May 26, 2010.
Michael A. Tarr,
Acting Manager, Alaska Flight Services Information Area Group.
[FR Doc. 2010-13624 Filed 6-7-10; 8:45 am]
BILLING CODE 4910-13-P
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