53892 Federal Register / Vol. 64, No. 192 / Tuesday, October 5, 1999 / Rules and Regulations

Order 12866; (2) is not a ‘‘significant DEPARTMENT OF TRANSPORTATION maintain basic VFR weather minimums rule’’ under DOT Regulatory Policies as detailed in 14 CFR part 91 section and Procedures (44 FR 11034; February Federal Aviation Administration 155 (§ 91.155) established for Class E 26, 1979); and (3) does not warrant airspace to the surface consisting of preparation of a regulatory evaluation as 14 CFR Part 71 three (3) statute miles visibility and the anticipated impact is so minimal. [Airspace Docket No. 99±AAL±7] cloud clearance of 500 feet below, 1,000 Since this is a routine matter that will feet above, and 2,000 feet horizontal only affect air traffic procedures and air Establishment of Class E Airspace; distance from clouds; and if the basic navigation, it is certified that this rule, Aniak, AK; Establishment of Class E VFR weather minimums (§ 91.155) can when promulgated, will not have a Airspace; St. Mary's, AK not be maintained, then a pilot will be significant economic impact on a required to fly in accordance with the AGENCY: Federal Aviation Special VFR weather minimums substantial number of small entities Administration (FAA), DOT. under the criteria of the Regulatory contained in § 91.157, i.e., have an Air ACTION: Flexibility Act. Final rule. Traffic Control (ATC) clearance. Comments were received from List of Subjects in 14 CFR Part 71 SUMMARY: This action establishes Class E (surface area) airspace at Aniak, AK, Tatonduk Outfitters Limited, Tanana Air Service, and one pilot. Based on the Airspace, Incorporation by reference, and St. Mary’s, AK. This action is at the supportive comments received during Navigation (air). request of air taxi operators with flight operations at these airports. This rule the airspace study, the FAA decided to proceed with the rulemaking process to Adoption of the Amendment provides additional Class E airspace for establish surface areas at Aniak, AK, aircraft flying Instrument Flight Rules In consideration of the foregoing, the and St. Mary’s, AK. Federal Aviation Administration (IFR) procedures at Aniak, AK, and St. On July 30, 1999, a proposal to amend amends 14 CFR part 71 as follows: Mary’s, AK. part 71 of the Federal Aviation EFFECTIVE DATE: 0901 UTC, November 4, Regulations (14 CFR part 71) to revise PART 71Ð DESIGNATION OF CLASS 1999. the Class E airspace areas at Aniak, AK, A, CLASS B, CLASS C, CLASS D, AND FOR FURTHER INFORMATION CONTACT: Bob and St. Mary’s, AK, was published in CLASS E AIRSPACE AREAS; Durand, Operations Branch, Federal the Federal Register (64 FR 41363). AIRWAYS; ROUTES; AND REPORTING Aviation Administration, 222 West 7th Interested parties were invited to POINTS Avenue, Box 14, Anchorage, AK 99513– participate in this rulemaking 7587; telephone number (907) 271– proceeding by submitting written 1. The authority citation for 14 CFR 5898; fax: (907) 271–2850; email: comments on the proposal to the FAA. part 71 continues to read as follows: [email protected]. Internet address: No public comments to the proposal Authority: 49 U.S.C. 106(g), 40103, 40113, http://www.alaska.faa.gov/at or at were received; thus, the rule is adopted 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– address http://162.58.28.41/at. as written. 1963 Comp., p. 389. SUPPLEMENTARY INFORMATION: The areas will be depicted on § 71.1 [Amended] aeronautical charts for pilot reference. History The coordinates for this airspace docket 2. The incorporation by reference in On March 16, 1999, the FAA initiated are based on North American Datum 83. 14 CFR 71.1 of Federal Aviation Airspace Study 99–AAL–022–NR, The Class E airspace areas designated as Administration Order 7400.9F, Airspace Proposal to Establish Surface Areas at surface areas are published in paragraph Designations and Reporting Points, Aniak and St. Mary’s Airports, at the 6002 of FAA Order 7400.9F, Airspace dated September 10, 1998, and effective request from Pen Air, Northern Air Designations and Reporting Points, September 16, 1998, is amended as Cargo, and Arctic Transportation dated September 10, 1998, and effective follows: Services to consider the establishment September 16, 1998, which is of additional controlled Class E Paragraph 6005 Class E airspace areas incorporated by reference in 14 CFR extending upward from 700 feet or more Airspace. These additional controlled 71.1 (63 FR 50139; September 21, 1998). above the surface of the earth Class E airspaces would provide surface The Class E airspace designations listed areas for aircraft flying IFR at the Aniak * * * * * in this document will be revised and and St. Mary’s airports. published subsequently in the Order. Mountain Village Airport [New] Concerns expressed included: (1) It is The Rule (Lat. 62°05′43′′ N., long. 163°40′55′′ W.) disconcerting to be on an IFR approach That airspace extending upward from 700 knowing that Visual Flight Rule (VFR) This amendment to 14 CFR part 71 feet above the surface within 6.3-mile radius aircraft may be in close proximity when establishes the Class E (surface area) of the Mountain Village Airport and that the transition is made from IFR to VFR airspace at Aniak, AK, and St. Mary’s, airspace extending upward from 1,200 feet for landing; (2) aircraft are not required AK, at the request of air taxi operators above the surface within 35 miles southeast to talk on the Common Traffic Advisory with flight operations at these airports. of the airport extending clockwise from the Frequency (CTAF); (3) aircraft on The area will be depicted on 139° radial to the 310° radial, excluding that instrument approach must mix with aeronautical charts for pilot reference. airspace within the St. Marys, AK, Class E VFR aircraft in weather conditions as The intended effect of this proposal is airspace area. low as ‘clear of clouds’ and ‘one-mile to provide additional controlled * * * * * flight visibility’; and (4) an aircraft on an airspace for IFR operations at Aniak, Issued in Anchorage, AK, on September 28, IFR approach could descend through AK, and St. Mary’s, AK. 1999. the clouds and find themselves on a The FAA has determined that these Willis C. Nelson, collision course with uncontrolled VFR proposed regulations only involve an Manager, Air Traffic Division, Alaskan traffic. established body of technical Region. Changes that will result for VFR pilots regulations for which frequent and [FR Doc. 99–25848 Filed 10–4–99; 8:45 am] with the establishment of these surface routine amendments are necessary to BILLING CODE 4910±13±P areas include: (1) A requirement to keep them operationally current. It,

VerDate 25-SEP-99 17:46 Oct 04, 1999 Jkt 183247 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\05OCR1.XXX pfrm03 PsN: 05OCR1 Federal Register / Vol. 64, No. 192 / Tuesday, October 5, 1999 / Rules and Regulations 53893 therefore—(1) is not a ‘‘significant AAL E2 St. Mary’s, AK [New] Regulations (14 CFR part 71) to establish regulatory action’’ under Executive St. Mary’s Airport, AK the Class E airspace at Kalskag, AK, was Order 12866; (2) is not a ‘‘significant (Lat. 62°03′38′′ N., long. 163°18′08′′ W.) published in the Federal Register (64 rule’’ under DOT Regulatory Policies St. Mary’s NDB FR 41357). The proposal was necessary ° ′ ′′ ° ′ ′′ and Procedures (44 FR 11034; February (Lat. 62 03 30 N., long. 163 17 30 W.) due to the establishment of GPS 26, 1979); and (3) does not warrant Within a 4.1-mile radius of the St. Mary’s instrument approaches at Kalskag, AK. Airport and within 1.5 miles west of the 339° preparation of a regulatory evaluation as ° Interested parties were invited to the anticipated impact is so minimal. bearing and 1.5 miles east of the 001 bearing participate in this rulemaking from the St. Mary’s NDB, extending from the Since this is a routine matter that will 4.1 mile radius to 6.7 miles north of the proceeding by submitting written only affect air traffic procedures and air airport and within 1.5 miles west of the 197° comments on the proposal to the FAA. navigation, it is certified that this rule, bearing and 1.5 miles east of the 185° bearing No public comments to the proposal when promulgated, will not have a from the St. Mary’s NDB, extending from the were received. The airspace description, significant economic impact on a 4.1-mile radius to 6.7 miles south of the however, should read ‘‘excluding that substantial number of small entities airport. This Class E airspace area is effective airspace within the Aniak, AK, Class E under the criteria of the Regulatory during the specific dates and times area’’ not the St. Mary’s Class E area.’’ established in advance by a Notice to Flexibility Act. Airmen. The effective date and time will The Federal Aviation Administration has determined that this change is List of Subjects in 14 CFR Part 71 thereafter be continuously published in the Airport/Facility Directory. editorial in nature and will not increase Airspace, Incorporation by reference, * * * * * the scope of this rule. Except for the Navigation (air). Issued in Anchorage, AK, on September 28, non-substantive change just discussed, 1999. the rule is adopted as written. Adoption of the Amendment Willis C. Nelson, The area will be depicted on In consideration of the foregoing, the Manager, Air Traffic Division, Alaskan aeronautical charts for pilot reference. Federal Aviation Administration Region. The coordinates for this airspace docket amends 14 CFR part 71 as follows: [FR Doc. 99–25847 Filed 10–4–99; 8:45 am] are based on North American Datum 83. BILLING CODE 4910±13±P The Class E airspace areas designated as PART 71ÐDESIGNATION OF CLASS A, 700/1200 foot transition areas are CLASS B, CLASS C, CLASS D, AND published in paragraph 6005 of FAA CLASS E AIRSPACE AREAS; DEPARTMENT OF TRANSPORTATION Order 7400.9F, Airspace Designations AIRWAYS; ROUTES; AND REPORTING and Reporting Points, dated September POINTS Federal Aviation Administration 10, 1998, and effective September 16, 1998, which is incorporated by 14 CFR Part 71 1. The authority citation for 14 CFR reference in 14 CFR 71.1 (63 FR 50139; part 71 continues to read as follows: [Airspace Docket No. 99±AAL±14] September 21, 1998). The Class E airspace designations listed in this Authority: 49 U.S.C. 106(g), 40103, 40113, Establishment of Class E Airspace; 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– document will be revised and published 1963 Comp., p. 389. Kalskag, AK subsequently in the Order. § 71.1 [Amended] AGENCY: Federal Aviation The Rule Administration (FAA), DOT. 2. The incorporation by reference in ACTION: Final rule. This amendment to 14 CFR part 71 14 CFR 71.1 of Federal Aviation establishes the Class E airspace at Administration Order 7400.9F, Airspace SUMMARY: This action establishes Class Kalskag, AK, through the establishment Designations and Reporting Points, E airspace at Kalskag, AK. The of GPS instrument approaches. The area dated September 10, 1998, and effective establishment of Global Positioning will be depicted on aeronautical charts September 16, 1998, is amended as System (GPS) instrument approach for pilot reference. The intended effect follows: procedures at Kalskag Airport made this of this proposal is to provide adequate action necessary. The Kalskag Airport controlled airspace for IFR operations at Paragraph 6002 Class E airspace designated status changes from Visual Flight Rules Kalskag, AK. as surface areas (VFR) to Instrument Flight Rules (IFR). The FAA has determined that these * * * * * This rule provides adequate controlled proposed regulations only involve an AAL AK E2 Aniak, AK [New] airspace for aircraft flying IFR established body of technical Aniak Airport procedures at Kalskag, AK. regulations for which frequent and (Lat. 61°34′54′′ N., long. 159°32′35′′ W.) EFFECTIVE DATE: 0901 UTC, November 4, routine amendments are necessary to Aniak NDB 1999. keep them operationally current. It, (Lat. 61°35′25′′ N., long. 159°35′53′′ W.) FOR FURTHER INFORMATION CONTACT: Bob therefore—(1) is not a ‘‘significant Within a 4-mile radius of the Aniak Airport Durand, Operations Branch, Federal regulatory action’’ under Executive and within 1.5 miles each side of the 300° Aviation Administration, 222 West 7th Order 12866; (2) is not a ‘‘significant ° bearing and the 112 bearing from the Aniak Avenue, Box 14, Anchorage, AK 99513– rule’’ under DOT Regulatory Policies NDB, extending from the 4-mile radius to 6.5 7587; telephone number (907) 271– and Procedures (44 FR 11034; February miles and within 2.8 miles each side of the 26, 1979); and (3) does not warrant Aniak NDB 229° bearing, extending from the 5898; fax: (907) 271–2850; email: 4-mile radius to 6.5 miles southwest of the [email protected]. Internet address: preparation of a regulatory evaluation as airport. This Class E airspace area is effective http://www.alaska.faa.gov/at or at the anticipated impact is so minimal. during the specific dates and times address http://162.58.28.41/at. Since this is a routine matter that will established in advance by a Notice to SUPPLEMENTARY INFORMATION: only affect air traffic procedures and air Airmen. The effective date and time will navigation, it is certified that this rule, thereafter be continuously published in the History when promulgated, will not have a Airport/Facility Directory. On July 30, 1999, a proposal to amend significant economic impact on a * * * * * part 71 of the Federal Aviation substantial number of small entities

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