AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Notice of proposed rulemaking (NPRM).

SUMMARY:

This action proposes to modify the Class E surface area airspace and the Class E airspace extending upward from 700 feet and 1,200 feet above the surface of the earth at Merle K (Mudhole) Smith Airport, Cordova, AK, eliminate references to the Glacier River Non-Directional Beacon (NDB) and update the Airport's geographic coordinates to match the FAA's current aeronautical database. This action would support Instrument Flight Rules (IFR) operations under standard instrument approach and departure procedures in the National Airspace System.

DATES:

Comments must be received on or before July 24, 2020.

ADDRESSES:

Send comments on this proposal to the U.S. Department of Transportation, Docket Operations, 1200 New Jersey Avenue SE, West Building Ground Floor, Room W12-140, Washington, DC 20590; telephone: 1-800-647-5527, or (202) 366-9826. You must identify FAA Docket No. FAA-2017-0346; Airspace Docket No. 17-AAL-2, at the beginning of your comments. You may also submit comments through the internet at https://www.regulations.gov.

FAA Order 7400.11D, Airspace Designations and Reporting Points, and subsequent amendments can be viewed online at https://www.faa.gov/​air_​traffic/​publications/​. For further information, you can contact the Airspace Policy Group, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-8783. The Order is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of FAA Order 7400.11D at NARA, email fedreg.legal@nara.gov, or go to https://www.archives.gov/​federal-register/​cfr/​ibr-locations.html.

FOR FURTHER INFORMATION CONTACT:

Richard Roberts, Federal Aviation Administration, Operations Support Group, Western Service Center, 2200 S 216th St, Des Moines, WA 98198-6547; telephone (206) 231-2245.

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 at Merle K (Mudhole) Smith Airport, Cordova, AK, to support IFR operations under standard instrument approach and departure procedures at this airport.

Comments Invited

Interested parties are invited to participate in this proposed rulemaking by submitting such written data, views, or arguments, as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal. Communications should identify both docket numbers and be submitted in triplicate to the address listed above. Persons wishing the FAA to acknowledge receipt of their comments on this notice must submit with those comments a self-addressed, stamped postcard on which the following statement is made: “Comments to Docket No. FAA-2017-0346/Airspace Docket No. 17-AAL-2.” The postcard will be date/time stamped and returned to the commenter.

All communications received before the specified closing date for comments will be considered before taking action on the proposed rule. The proposal contained in this notice may be changed in light of the comments received. A report summarizing each substantive public contact with FAA personnel concerned with this rulemaking will be filed in the docket.

Availability of NPRMs

An electronic copy of this document may be downloaded through the internet at https://www.regulations.gov. Recently published rulemaking documents can also be accessed through the FAA's web page at https://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 Office (see the ADDRESSES section for the address and phone number) between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal holidays. 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 St, Des Moines, WA 98198-6547.

Availability and Summary of Documents for Incorporation by Reference

This document proposes to amend FAA Order 7400.11D, Airspace Designations and Reporting Points, dated August 8, 2019, and effective September 15, 2019. FAA Order 7400.11D is publicly available as listed in the ADDRESSES section of this document. FAA Order 7400.11D lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points.

The Proposal

The FAA is proposing an amendment to Title 14 Code of Federal Regulations (14 CFR) Part 71 by modifying the Class E surface area and Class E airspace extending upward from 700 and 1200 feet AGL at Merle K (Mudhole) Smith Airport, Cordova, AK. The FAA completed an airspace review after the airport was identified as having Class E airspace established, in error, beyond 12 nautical miles from the shoreline. This action would modify the Class E airspace extending upward from the surface by removing that airspace 3.2 miles northwest and 2.1 miles southeast of the 222° bearing from the Glacier River NDB extending 10 miles southwest of the airport. This proposal would also remove the airspace 2 miles each side of the 124° bearing from the Glacier River NDB extending 10.4 miles southeast of the airport. This airspace is no longer needed because of the implementation of Area Navigation (RNAV) approaches to Runways 27 and 09. In addition, this proposal would modify that airspace 2 miles each side of the 115° bearing to 1 mile each side of the 113° bearing from the airport extending 5.5 miles southeast of the airport. This modification would provide protection for aircraft descending to 1,000 feet on the Instrument Landing System (ILS) approach to Runway 27.

The Class E airspace extending upward from 700 feet above the surface would be modified to that airspace within 6.6 miles of the airport from the point that the 82° bearing intersects the 6.6-mile radius clockwise to the point that the 309° bearing intersects the 6.6-mile radius, and include that airspace 2 miles each side of the 113° bearing extending 16 miles southeast of the airport. This area would protect aircraft on departure until reaching 1,200 feet AGL and aircraft as they descend through 1,500 feet on the ILS approach to Runway 27.

The airspace extending upward from 1,200 feet above the surface would be reduced to within 20 miles of the airport to provide protection for aircraft above 1,500 feet AGL while transitioning to the enroute environment.

The reference in the legal description to the Glacier River NDB would be removed as the airspace is being redesigned without the use of this reference. In addition, this proposal would update the airports geographic coordinates to match the FAA's current aeronautical database. This action would support IFR operations under standard instrument approach and departure procedures in the National Airspace System.

Class E airspace designations are published in paragraph 6002 and 6005 of FAA Order 7400.11D, dated August 8, 2019, and effective September 15, 2019, 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.

FAA Order 7400.11, Airspace Designations and Reporting Points, is published yearly and effective on September 15.

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, and is non-controversial and unlikely to result in adverse or negative comments. 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, when promulgated, would 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 would 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

Accordingly, pursuant to the authority delegated to me, 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.

2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11D, Airspace Designations and Reporting Points, dated August 8, 2019, and effective September 15, 2019, is amended as follows:

Paragraph 6002 Class E Airspace Areas Designated as Surface Areas.

AAL AK E2 Cordova, AK [Modified]

Merle K (Mudhole) Smith, AK

(Lat. 60°29′30″ N, long. 145°28′39″ W)

That airspace within a 4.1-mile radius of the Merle K (Mudhole) Smith Airport beginning at a point where the 69° bearing from the Airport intersects the 4.1-mile radius clockwise to a point where the 322° bearing from the Airport intersects the 4.1-mile radius, thence to the point of beginning and within 1 mile each side of the 113° bearing from the Airport extending from the 4.1-mile radius to 5.5 miles southeast of the Airport.

Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth.

AAL AK E5 Cordova, AK [Modified]

Merle K (Mudhole) Smith, AK

(Lat. 60°29′30″ N, long. 145°28′39″ W)

That airspace within a 6.6-mile radius of the Merle K (Mudhole) Smith Airport, beginning where the 82° bearing from the Airport intersects the 6.6-mile radius clockwise to the point where the 309° bearing intersects the 6.6 mile radius, thence to the point of beginning and that airspace 2 miles each side of the 113° bearing from the Airport extending from the 6.6-mile radius to 16 miles southeast from the airport, and that airspace extending upward from 1,200 feet above the surface within a 20-mile radius of the airport, excluding that airspace more than 12 miles from the shoreline.