Modification of Class E Airspace; Alaska, AK

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Federal RegisterNov 7, 2024
89 Fed. Reg. 88182 (Nov. 7, 2024)
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    Department of Transportation Federal Aviation Administration
  • 14 CFR Part 71
  • [Docket No. FAA-2024-2333; Airspace Docket No. 24-AAL-111]
  • RIN 2120-AA66
  • AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    This action proposes to modify Class E airspace extending upward from 1,200 feet above the surface within a designated landmass and within 12 miles from a designated coastline associated with the state of Alaska. Additionally, this action proposes administrative amendments to update the airspace's existing Class E airspace legal description. These actions will support lower altitude instrument flight rules (IFR) operations and enhance safety for aircraft utilizing IFR and visual flight rules (VFR) operations.

    DATES:

    Comments must be received on or before December 23, 2024.

    ADDRESSES:

    Send comments identified by FAA Docket No. FAA-2024-2333 and Airspace Docket No. 24-AAL-111 using any of the following methods:

    * Federal eRulemaking Portal: Go to www.regulations.gov and follow the online instructions for sending your comments electronically.

    * Mail: Send comments to Docket Operations, M-30; U.S. Department of Transportation, 1200 New Jersey Avenue SE, Room W12-140, West Building Ground Floor, Washington, DC 20590-0001.

    * Hand Delivery or Courier: Take comments to Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    * Fax: Fax comments to Docket Operations at (202) 493-2251.

    Docket: Background documents or comments received may be read at www.regulations.gov at any time. Follow the online instructions for accessing the docket or go to the Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    FAA Order JO 7400.11J, Airspace Designations and Reporting Points, and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. You may also contact the Rules and Regulations Group, Office of Policy, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-8783.

    FOR FURTHER INFORMATION CONTACT:

    Keith T. Adams, Federal Aviation Administration, Western Service Center, Operations Support Group, 2200 S 216th Street, Des Moines, WA 98198; telephone (206) 231-2428.

    SUPPLEMENTARY INFORMATION:

    Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code Subtitle I, 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 I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it would modify Class E airspace to support IFR and VFR operations in the state of Alaska.

    Comments Invited

    The FAA invites interested persons to participate in this rulemaking by submitting written comments, data, or views. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. To ensure the docket does not contain duplicate comments, commenters should submit only one time if comments are filed electronically, or commenters should send only one copy of written comments if comments are filed in writing.

    The FAA will file in the docket all comments it receives, as well as a report summarizing each substantive public contact with FAA personnel concerning this proposed rulemaking. Before acting on this proposal, the FAA will consider all comments it receives on or before the closing date for comments. The FAA will consider comments filed after the comment period has closed if it is possible to do so without incurring expense or delay. The FAA may change this proposal in light of the comments it receives.

    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy.

    Availability of Rulemaking Documents

    An electronic copy of this document may be downloaded through the internet at www.regulations.gov. Recently published rulemaking documents can also be accessed through the FAA's web page at www.faa.gov/air_traffic/publications/airspace_amendments/.

    You may review the public docket containing the proposal, any comments received and any final disposition in person in the Dockets Operations office (see ADDRESSES section for address, phone number, and hours of operations). An informal docket may also be examined during normal business hours at the Northwest Mountain Regional Office of the Federal Aviation Administration, Air Traffic Organization, Western Service Center, Operations Support Group, 2200 S. 216th Street, Des Moines, WA 98198.

    Incorporation by Reference

    Class E6 airspace designations are published in paragraph 6006, of FAA Order JO 7400.11, Airspace Designations and Reporting Points, which is incorporated by reference in 14 CFR 71.1 on an annual basis. This document proposes to amend the current version of that order, FAA Order JO 7400.11J, dated July 31, 2024, and effective September 15, 2024. These updates would be published in the next update to FAA Order JO 7400.11. That order is publicly available as listed in the ADDRESSES section of this document.

    FAA Order JO 7400.11J lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points.

    Background

    Alaska has 103 different Class E 1,200 feet airspace areas that are primarily used for low level IFR en route operations. Alaska currently has a Class E airspace extending upward from 1,200 feet above the surface, which is designated as the northeast en route domestic airspace. The Alaska en route domestic airspace is inadequately sized. This modification to the northeast en route domestic airspace will expand the coverage of controlled airspace, eliminating Class G airspace extending upward from 1,200 ft above the surface.

    The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 that would modify Class E airspace beginning at 1,200 feet above the surface over the mainland of Alaska to provide continuous controlled airspace from 1,200 feet above the surface until reaching the base of adjacent controlled airspace. The proposed airspace would cover most of Alaska's mainland and would provide adequate coverage of controlled airspace for aircraft conducting IFR operations.

    In addition, the FAA proposes an administrative modification that updates the airspace name.

    Regulatory Notices and Analyses

    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 proposed rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

    Environmental Review

    This proposal will be subject to an environmental analysis in accordance with FAA Order 1050.1F, Environmental Impacts: Policies and Procedures, prior to any FAA final regulatory action.

    List of Subjects in 14 CFR Part 71

    • Airspace
    • Incorporation by reference
    • Navigation (air)

    The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation Administration proposes to amend 14 CFR part 71 as follows:

    PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

    1. The authority citation for 14 CFR part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

    § 71.1
    [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO 7400.11J, Airspace Designations and Reporting Points, dated July 31, 2024, and effective September 15, 2024, is amended as follows:

    Paragraph 6006 En Route Domestic Airspace Areas.

    AAL AK E6 Alaska-Yukon, AK [Amend]

    That airspace extending upward from 1,200 feet above the surface within the area bounded by a line beginning at lat. 69°52′17″ N, long. 141°00′00″ W; to lat. 60°33′27″ N, long. 141°00′08″ W; to lat. 59°49′14″ N, long. 142°03′04″ W; thence west and north 12 miles from, and parallel to, the coastline, to lat. 57°30′27″ N, long. 155°24′35″ W; to lat. 57°50′00″ N, long. 158°00′00″ W; thence north and east 12 miles from, and parallel to, the coastline, to the point of beginning; excluding that portion within restricted areas R-2201A, R-2201B, R-2202A, R-2202B, R-2203A, R-2203B, R-2203C, R-2204 Low, R-2205A, R-2205B, R-2205C, R-2205D, R2205E, R-2206A, R-2206B, R-2206D, and R-2211 when active.

    Issued in Des Moines, Washington, on October 31, 2024.

    B.G. Chew,

    Group Manager, Operations Support Group, Western Service Center.

    [FR Doc. 2024-25855 Filed 11-6-24; 8:45 am]

    BILLING CODE 4910-13-P