[Federal Register Volume 77, Number 160 (Friday, August 17, 2012)]
[Rules and Regulations]
[Pages 49720-49721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-20139]



Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2011-1429; Airspace Docket No. 11-AAL-22]

Establishment of Class E Airspace; Chenega Bay, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.


SUMMARY: This action establishes Class E airspace at Chenega Bay, AK, 
to accommodate aircraft using a new Area Navigation (RNAV) Global 
Positioning System (GPS) standard instrument approach procedures at 
Chenega Bay Airport. This improves the safety and management of 
Instrument Flight Rules (IFR) operations at the airport.

DATES: Effective date, 0901 UTC, November15, 2012. The Director of the 
Federal Register approves this incorporation by reference action under 
1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and 
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Richard Roberts, Federal Aviation 
Administration, Operations Support Group, Western Service Center, 1601 
Lind Avenue SW., Renton, WA, 98057; telephone (425) 203-4517.



    On May 29, 2012, the FAA published in the Federal Register a notice 
of proposed rulemaking (NPRM) to establish controlled airspace at 
Chenega Bay, AK (77 FR 31548). Interested parties were invited to 
participate in this rulemaking effort by submitting written comments on 
the proposal to the FAA. The FAA received one comment from the National 
Business Aviation Association (NBAA).
    The NBAA recommended that the FAA lower some of the adjacent Class 
E airspace down to 1,200 feet above the surface to increase the 
efficiency of radar vectoring in the area.

[[Page 49721]]

    The FAA believes that lowering this airspace is outside the scope 
of this rulemaking action and would not serve the immediate purpose of 
establishing the airspace necessary for the safety of aircraft within 
the Chenega Bay, airport area.
    Class E airspace designations are published in paragraph 6005, of 
FAA Order 7400.9V dated August 9, 2011, and effective September 15, 
2011, which is incorporated by reference in 14 CFR 71.1. The Class E 
airspace designations listed in this document will be published 
subsequently in that Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR) 
part 71 by establishing Class E airspace extending upward from 700 feet 
above the surface, at Chenega Bay Airport, to accommodate IFR aircraft 
executing new RNAV (GPS) standard instrument approach procedures at the 
airport. This action is necessary for the safety and management of IFR 
    The FAA has determined this regulation only involves an established 
body of technical regulations for which frequent and routine amendments 
are necessary to keep them operationally current. Therefore, this 
regulation: (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 this 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. The FAA's authority to 
issue rules regarding aviation safety is found in Title 49 of the U.S. 
Code. Subtitle 1, Section 106 discusses 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 establishes 
controlled airspace at Chenega Bay Airport, AK.

Environmental Review

    The FAA has determined that this action qualifies for categorical 
exclusion under the National Environmental Policy Act in accordance 
with FAA Order 1050.1E, ``Environmental Impacts: Policies and 
Procedures,'' paragraph 311a. This airspace action is not expected to 
cause any potentially significant environmental impacts, and no 
extraordinary circumstances exist that warrant preparation of an 
environmental assessment.

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:


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

    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]

2. The incorporation by reference in 14 CFR 71.1 of the Federal 
Aviation Administration Order 7400.9V, Airspace Designations and 
Reporting Points, dated August 9, 2011, and effective September 15, 
2011 is amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700 
feet or more above the surface of the earth.

* * * * *

AAL AK E5 Chenega Bay, AK [New]

Chenega Bay Airport, AK
    (Lat. 60[deg]04'43'' N., long. 147[deg]59'41'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 2-mile radius of the Chenega Bay Airport, and that airspace 
beginning at the intersection of the 2-mile radius of the airport 
and 170[deg] bearing of Chenega Bay Airport to lat. 60[deg]02'17'' 
N., long. 147[deg]39'07'' W.; to lat. 60[deg]05'06'' N., long. 
147[deg]28'33'' W.; to lat. 60[deg]11'41'' N., long. 147[deg]37'16'' 
W.; thence to the intersection of the 2-mile radius of Chenega Bay 
Airport and 353[deg] bearing of the airport.

    Issued in Seattle, Washington, on August 6, 2012.
John Warner,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2012-20139 Filed 8-16-12; 8:45 am]