Modification of Class D Airspace and Establishment of Class E Airspace

Federal RegisterMay 6, 1994

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DEPARTMENT OF TRANSPORTATION

14 CFR Part 71

[Airspace Docket No. 94-AAL-05]

Modification of Class D Airspace and Establishment of Class E

Airspace

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This action modifies the Class D airspace areas at Adak,

Anchorage Merrill Field, Bethel, Juneau, Kenai, King Salmon, and

Kodiak, AK, by amending the areas' effective hours to coincide with the

associated control tower's hours of operation. This action also

establishes Class E airspace at these areas when the associated control

tower is closed. The intended effect of this action is to clarify when

two-way radio communication with these air traffic control towers is

required and to provide adequate Class E airspace for instrument

approach procedures when these control towers are closed.

DATES: Effective date--0901 U.T.C., June 23, 1994. Comment date:

Comments must be received on or before June 23, 1994.

ADDRESSES: Send comments on the proposal in triplicate to: Manager,

System Management Branch, AAL-530, Docket No. 94-AAL-05, Federal

Aviation Administration, 222 West 7th Ave. Box 14, Anchorage, AK 99513-

7587.

The official docket may be examined in the Office of the Assistant

Chief Counsel for the Alaskan Region at the same address.

An informal docket may also be examined during normal business

hours in the Office of the Manager, System Management Branch, Air

Traffic Division, at the address listed above.

FOR FURTHER INFORMATION CONTACT:

Robert C. Durand, System Management Branch, AAL-531, Federal Aviation

Administration, 222 West 7th Avenue #14, Anchorage, AK 99513-7587;

telephone number: (907) 271-5898.

SUPPLEMENTARY INFORMATION:

Request for Comments on the Rule

Although this action is in the form of a final rule, and was not

preceded by notice and public procedure, comments are invited on the

rule. When the comment period ends, the FAA will use the comments

submitted, together with other available information, to review the

regulation. If the FAA receives no adverse comments in response to this

action, this rule will become effective on the date specified in the

``DATES'' section. After the review, if the FAA finds that further

changes are appropriate, it will initiate rulemaking proceedings to

amend the regulation.

Comments that provide the factual basis supporting the views and

suggestions presented are particularly helpful in evaluating the

effects of the rule, and in determining whether additional rulemaking

is required. Comments are specifically invited on the overall

regulatory, aeronautical, economic, environmental, and energy-related

aspects of the rule which might suggest the need to modify the rule.

The Rule

This amendment to part 71 of the Federal Aviation Regulations (14

CFR part 71) modifies the Class D airspace areas at Adak, Anchorage

Merrill Field, Bethel, Juneau, Kenai, King Salmon, and Kodiak, AK, by

amending the areas' effective hours to coincide with the associated

control tower's hours of operation. This action also establishes Class

E airspace at these areas when the associated control tower is closed.

Prior to Airspace Reclassification, an airport traffic area (ATA) and a

control zone (CZ) existed at these airports. However, Airspace

Reclassification, effective September 16, 1993, discontinued the use of

the term ``airport traffic area'' and ``control zone,'' replacing them

with the designation ``Class D airspace.'' The former CZ was

continuous, while the former ATA was contingent upon the operation of

the air traffic control tower. The consolidation of the ATA and CZ into

a single Class D airspace designation makes it necessary to modify the

effective hours of the Class D airspace to coincide with the control

tower's hours of operation. The action also establishes Class E

airspace during the hours the control tower is closed. The intended

effect of this action is to clarify when two-way radio communication

with these air traffic control towers is required and to provide

adequate Class E airspace for instrument approach procedures when these

control towers are closed.

The coordinates for this airspace docket are based on North

American Datum 83. Class D and E airspace designations are published in

Paragraphs 5000 and 6002, respectively, of FAA Order 7400.9A dated June

17, 1993, and effective September 16, 1993, which is incorporated by

reference in 14 CFR 71.1 (58 FR 36298; July 6, 1993). The Class D and E

airspace designations listed in this document will be published

subsequently in the Order. Under the circumstances presented, the FAA

concludes that there is an immediate need to modify these Class D and

establish these Class E airspace areas in order to promote the safe and

efficient handling of air traffic in these areas. Therefore, I find

that notice and public procedures under 5 U.S.C. 553(b) are

impracticable and contrary to the public interest.

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

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.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference, Navigation (Air).

Adoption of the Amendment

In consideration of the foregoing, the Federal Aviation

Administration amends 14 CFR part 71 as follows:

PART 71--[AMENDED]

1. The authority citation for part 71 continues to read as follows:

Authority: 49 U.S.C. app. 1348(a), 1354(a), 1510; E.O. 10854, 24

FR 9565, 3 CFR, 1959-1963 Comp., p. 389; 49 U.S.C. 106(g); 14 CFR

11.69.

Sec. 71.1 [Amended]

2. The incorporation by reference in 14 CFR 71.1 of the Federal

Aviation Administration Order 7400.9A, Airspace Designations and

Reporting Points, dated June 17, 1993, and effective September 16,

1993, is amended as follows:

Paragraph 5000--General

* * * * *

AAL AK D Adak, AK [Revised]

Adak NAS Airport, AK

(lat. 51 deg.52'53''N, long. 176 deg.38'50''W)

That airspace extending upward from the surface to and including

2,500 feet MSL within a 4.5-mile radius of the Adak NAS Airport.

This Class D airspace area is effective during the specific dates

and times established in advance by a Notice to Airmen. The

effective date and time will thereafter be continuously published in

the Airport/Facility Directory.

* * * * *

AAL AK D Anchorage Merrill Field, AK [Revised]

Anchorage Merrill Field, AK

(lat. 61 deg.12'52''N, long. 149 deg.50'46''W)

Elmendorf Localizer

(lat. 61 deg.15'14''N, long. 149 deg.46'48''W)

That airspace extending upward from the surface to and including

2,500 feet MSL within a line beginning at the mouth of Fish Creek,

thence along Fish Creek to Northern Lights Boulevard, thence direct

to the intersection of Tudor Road and the New Seward Highway, thence

east along Tudor Road to its intersection with Muldoon Road, thence

north along Muldoon Road to the Glenn Highway, thence direct to the

mouth of Ship Creek, thence southwest along the southeast shore of

Knik Arm to a line 2 miles south of and parallel to the Elmendorf

localizer southwest course, thence west along that line to a line

direct from Point McKenzie to the mouth of Fish Creek; thence

southeast along that line to the point of beginning. This Class D

airspace area is effective during the specific dates and times

established in advance by a Notice to Airmen. The effective date and

time will thereafter be continuously published in the Airport/

Facility Directory.

AAL AK D Bethel, AK [Revised]

Bethel Airport, AK

(lat. 60 deg.46'47''N, long. 161 deg.50'17''W)

Bethel VORTAC

(lat. 60 deg.47'05''N, long. 161 deg.49'27''W)

That airspace extending upward from the surface to and including

2,600 feet MSL within a 4.1-mile radius of the Bethel Airport. This

Class D airspace area is effective during the specific dates and

times established in advance by a Notice to Airmen. The effective

date and time will thereafter be continuously published in the

Airport/Facility Directory.

* * * * *

AAL AK D Juneau, AK [Revised]

Juneau International Airport, AK

(lat. 58 deg.21'18''N, long. 134 deg.34'34''W)

That airspace extending upward from the surface to and including

2,500 feet MSL within a 3-mile radius of the Juneau International

Airport. This Class D airspace area is effective during the specific

dates and times established in advance by a Notice to Airmen. The

effective date and time will thereafter be continuously published in

the Airport/Facility Directory.

AAL AK D Kenai, AK [Revised]

Kenai Municipal Airport, AK

(lat. 60 deg.34'17''N, long. 151 deg.14'52''W)

Kenai VOR/DME

(lat. 60 deg.36'53''N, long. 151 deg.11'43''W)

That airspace extending upward from the surface to and including

2,600 feet MSL within a 5.2-mile radius of the Kenai Municipal

Airport; excluding the airspace below 1,100 feet MSL beyond 4 miles

from Kenai Municipal Airport extending from the 312 deg. bearing

clockwise to the 348 deg. bearing from the Kenai Municipal Airport.

This Class D airspace area is effective during the specific dates

and times established in advance by a Notice to Airmen. The

effective date and time will thereafter be continuously published in

the Airport/Facility Directory.

AAL AK D King Salmon, AK [Revised]

King Salmon Airport, AK

(lat. 58 deg.40'36''N, long. 156 deg.38'58''W)

That airspace extending upward from the surface to and including

2,500 feet MSL within a 5.2-mile radius of the King Salmon Airport.

This Class D airspace area is effective during the specific dates

and times established in advance by a Notice to Airmen. The

effective date and time will thereafter be continuously published in

the Airport/Facility Directory.

AAL AK D Kodiak, AK [Revised]

Kodiak Airport, AK

(lat. 57 deg.45'00''N, long. 152 deg.29'38''W)

That airspace extending upward from the surface to and including

2,600 feet MSL within a 3.1-mile radius of the Kodiak Airport,

excluding that airspace west of a line 1.8 miles west of and

parallel to the Kodiak Airport Runway 18-36. This Class D airspace

area is effective during the specific dates and times established in

advance by a Notice to Airmen. The effective date and time will

thereafter be continuously published in the Airport/Facility

Directory.

* * * * *

Paragraph 6002--Class E airspace areas designated as a surface area

for an airport

* * * * *

AAL AK E2 Adak, AK [New]

Adak NAS Airport, AK

(lat. 51 deg.52'53''N, long. 176 deg.38'50''W)

That airspace extending upward from the surface to and including

2,500 feet MSL within a 4.5-mile radius of the Adak NAS Airport.

This Class E airspace area is effective during the specific dates

and times established in advance by a Notice to Airmen. The

effective date and time will thereafter be continuously published in

the Airport/Facility Directory.

* * * * *

AAL AK E2 Anchorage Merrill Field, AK [New]