[Federal Register Volume 75, Number 109 (Tuesday, June 8, 2010)]
[Rules and Regulations]
[Pages 32269-32271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13624]



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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: 

<a href="/cdn-cgi/l/email-protection#badddbc8c394d9cec894c8d5d6dcfadcdbdb94ddd5cc"><span class="__cf_email__" data-cfemail="4b2c2a393265283f39653924272d0b2d2a2a652c243d">[email protected]</span></a>. 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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