[Federal Register Volume 65, Number 114 (Tuesday, June 13, 2000)]
[Rules and Regulations]
[Pages 37035-37038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14861]
[[Page 37035]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Airspace Docket No. 99-AAL-24]
Establishment of Class E Airspace; Yukon-Kuskokwim Delta, Alaska
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action establishes Class E airspace over the Yukon-
Kuskokwim (Y-K) Delta area in southwest Alaska in support of the
Capstone Research and Development (R&D) project. Specifically, this
action establishes controlled airspace extending from 1,200 feet above
ground level (AGL) upwards to the base of the existing Class E airspace
of 14,500 feet above mean sea level (MSL) within an area bounded by
lat. 58 deg.25'36" N long. 158 deg.00'W, to lat. 57 deg.50' N long.
158 deg.00' W, to lat. 57 deg.50' N long. 156 deg.00' W, to lat.
64 deg.00' N long. 156 deg.00' W, to lat. 64 deg.00' N long.
161 deg.41' 24" W, then via the 12 nautical mile limit to the point of
beginning. This rule will (1) provide adequate controlled airspace for
commercial air carriers conducting Instrument Flight Rules (IFR)
operations over southwest Alaska and (2) validate new operational
procedures and equipment in the IFR environment.
EFFECTIVE DATE: 0901 UTC, August 10, 2000.
FOR FURTHER INFORMATION CONTACT: Bob Durand, Operations Branch, AAL-
531, Federal Aviation Administration, 222 West 7th Avenue, Box 14,
Anchorage, AK 99513-7587; telephone number (907) 271-5898; fax: (907)
271-2850; email: [email protected]. Internet address: http://www.alaska.faa.gov/at.
SUPPLEMENTARY INFORMATION:
History
On February 24, 2000, a proposal to amend part 71 of the Federal
Aviation Regulations (14 CFR part 71) to establish Class E airspace
over the Yukon-Kuskokwim Delta area in southwest Alaska was published
in the Federal Register (65 FR 9227). The purpose of this rule is to
create adequate controlled airspace and infrastructure for IFR
operations in the Yukon-Kushkokwim Delta area where uncontrolled
airspace currently exists. This controlled airspace is needed to
validate new operational procedures and equipment in the IFR
environment in support of the Capstone R&D project. Additionally, this
rule will enhance flight safety, reduce the potential for midair
collisions, improve operational efficiencies, and better manage air
traffic operations.
The establishment of Class E airspace in this rule will impact on
pilots' flight visibility and cloud avoidance requirements while flying
under Visual Flight Rules (VFR), during the day above 1,200 feet AGL
and below 10,000 feet MSL. The pilot's flight visibility requirement
increases to three (3) statute miles. VFR weather minimums are shown in
the following table extracted from 14 CFR 91.155 Basic VFR weather
minimums:
Basic VFR Weather Minimums
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Flight visibility
(statute Distance from clouds
mile(s))
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Class G (uncontrolled):
1,200 feet or less AGL, Day........... 1 Clear of clouds.
1,200 feet or less AGL, Night......... 3 500 feet below.
1,000 feet above.
2,000 feet horizontal.
1,200 feet or more and less than 1 500 feet below.
10,000 feet MSL, Day.
1,000 feet above.
2,000 feet horizontal.
1,200 feet or more and less than 3 500 feet below.
10,000 feet MSL, Night.
1,000 feet above.
2,000 feet horizontal.
More than 1,200 feet AGL and at or 5 1,000 feet below.
above 10,000 feet MSL.
1,000 feet above.
1 statute mile horizontal.
Class E (controlled):
Less than 10,000 MSL.................. 3 500 feet below.
1,000 feet above.
2,000 feet horizontal.
At or above 10,000 MSL................ 5 1,000 feet below.
1,000 feet above.
1 statute mile horizontal.
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Environmental Review
On February 25, 1999, the FAA initiated an environmental review,
99-AAL-024-NR, seeking public comment on the proposal to establish
Class E airspace to encompass the Capstone Demonstration Area. In the
environmental review solicitation, the FAA stated the desire to design
and establish Class E airspace that will facilitate the development of
the Capstone Demonstration and the transition to the future National
Airspace System (NAS) Architecture with minimal impact on the
environment. Significant environmental issues were not identified
during the scoping process. Thus, this activity falls within a category
of actions normally categorically excluded from documentation in an
Environmental Assessment (EA) or Environmental Impact Statement (EIS).
On April 7, 1999, the FAA conducted a Preliminary Environmental
Review. This review was conducted in accordance with policies and
procedures in Department of Transportation Order 5610.1C, Procedures
for Considering Environmental Impacts, Order 1050.1, and is in
compliance with the National Environmental Policy Act of 1969 and in
accordance with the regulations promulgated by the Council on
Environmental Quality, 40 CFR 1500 et seq. Thus, on April 13, 1999, the
FAA signed the Categorical Exclusion Declaration. This review enabled
the
[[Page 37036]]
FAA to exclude this proposed action from further environmental
documentation according to Order 1050.1, Policies and Procedures for
Considering Environmental Impacts.
Comments Received on the Proposal
Interested parties were invited to participate in this rulemaking
by submitting written comments on the proposal to the FAA. The State of
Alaska, Department of Fish and Game, Habitat and Restoration Division
along with Larry's Flying Service wrote letters in support of the
proposal. Larry's Flying Service requested clarification on some issues
which the FAA deemed beneficial to address in the final rule.
(1) What is the intended meaning and understanding of ``validate
new operational procedures and equipment in the IFR environment?''
Initially the Anchorage Air Route Traffic Control Center (ARTCC)
controllers will provide ``radar like'' services to Capstone equipped
aircraft. The controllers will use five (5) mile radar separation
criteria with Automatic Dependent Surveillance--Broadcast (ADS-B)
position reports. Initial evaluation of ADS data integrity indicates
that smaller distance criteria may be attainable, however it is
desirable to gain more experience with this technology before
developing new procedures in this application. The ADS reports will be
used to augment radar reports where radar coverage exists, and to
supplement radar beyond and below existing radar coverage.
Validating new operational procedures and equipment includes the
active participation by air carriers using the new equipment in their
aircraft. Each air carrier, participating in the Capstone project, will
work with the FAA to develop and incorporate new procedures into their
general operations manuals and training programs. Each procedure
developed will help validate whether the new equipment performs in a
manner consistent with the manufacturers operating and performance
specifications and safety. Adherence to newly developed procedures and
providing feedback are vital elements of the validation process.
Examples include evaluation of ADS-B generated traffic information as a
collision avoidance tool in the instrument flight environment. Another
example is the validation of ADS-B for ``radar like'' traffic
management. Pilots and controllers alike will gain knowledge of ADS-B
and learn how each group plans to use the information generated in
order to integrate this technology as an effective element of the NAS.
(2) What is the view of the FAA at this time with respect to ``new
GPS non-precision instrument approaches'' as pertaining to VFR Capstone
equipped aircraft? Most Capstone equipped aircraft are not capable of
operating IFR under part 121 or part 135 due to manufacturing or
regulatory limitations, or equipment installed not meeting IFR
requirements. The GPS installed with the Capstone avionics package is
manufactured under TSO-129, and therefore fully capable of being
operated in the IFR environment. It was the intention of the Capstone
project to have the greatest positive impact on safety as possible by
providing equipment to owner's that could be easily incorporated into
VFR or IFR aircraft alike. Those carriers who wished to self equip
their aircraft to meet IFR requirements could use Capstone GPS as a
part of the required IFR equipment. The new GPS approaches and co-
located AWOS sites, parts of the Capstone project, support safety and
expand the IFR infrastructure in Alaska.
(3) How can an operator elect to support new operational procedures
and new equipment for IFR operation if the procedures and equipment are
not made known to the operator? IFR operations using the Capstone
avionics will be supported by achieving Level C certification (needed
for IFR operations). The ARTCC Air Traffic Control (ATC) automation
system is being upgraded to provide aircraft position information to
controllers to enable them to provide navigation assistance and
separation from other radar and ADS identified aircraft after level C
certification is achieved. The FAA will coordinate all new operational
procedures before being implemented. All new equipment was coordinated
with industry representatives in Alaska before final selection was
made. Information on new equipment and procedures will be posted on the
Capstone website (http://www.faa.gov/capstone) to aid in distribution.
(4) What is the rationale for the FAA's determination that this
rule is a not a significant regulatory action and not a significant
rule? The Department of Transportation (DOT) Order 2100.5, Policies and
Procedures for Simplification, Analysis, and Review of Regulations (May
22, 1980), requires a regulatory analysis for each proposed regulation
that will (1) result in an effect on the economy of $100 million or
more; (2) result in a major effect on the general economy in terms of
costs, consumer prices, or production; (3) result in a major increase
in costs or prices for individual industries, levels of government, or
geographic regions; (4) have a substantial impact on the U.S. balance
of trade; or (5) be the result of the secretary or head of the
initiating office determining a need for such analysis. In addition to
the requirement in DOT Order 2100.5, Executive Order 12866 requires a
regulatory analysis for significant proposed regulations that have an
annual effect on the economy of $100 million or more or adversely
effect, in a material way, the economy, a sector of the economy,
productivity, competition, jobs, the environment, public health or
safety, or State, local, or tribal governments or communities. Any
regulation or other action that does not meet the above criteria and
any regulation that is routine, frequent, or procedural may be issued
by the FAA Administrator without review or approval by the DOT
Secretary. The Regulatory Flexibility Act, 5 U.S.C. 601-612, requires
the FAA to consider the special needs and concerns of small entities.
The FAA is required to prepare and publish an initial regulatory
flexibility analysis describing the effect of a proposed rule on small
entities for those proposed regulations that would have a significant
economic impact on a substantial number of small entities. Where
appropriate, the FAA must consider alternatives the would achieve its
goals while minimizing the burdon on small entities. If the FAA
determines that the proposed regulation would not have a significant
economic impact, a factual basis for the determination must be
provided.
(5) What operational changes does an operator in this environment
need to apply for as pertaining to the Operators Operations
Specifications as approved and issued the Operator by the FAA?
Operators intending to use ADS-B operationally will need to seek
guidance from the FAA Certificate holding district office that's
assigned. Active procedural use of cockpit displays of traffic
information (requiring pilots to use targets generated on cockpit
displays) for visual acquisition, in trail maneuvers; station keeping;
enhanced see and avoid; reduced separation standards; long range
conflict management; or conflict detection and avoidance may require
operations specification issuance.
(6) Does the FAA propose additional training and if so what type of
training and testing? Controllers have received training in the new ATC
ADS target display capability. FAA technicians will receive training in
ground equipment theory and function to enable them to ensure proper
equipment operation and performance. Training programs have been
developed and given to carriers participating in the Capstone project.
[[Page 37037]]
Carriers should adapt the training material provided to meet their
individual needs and requirements, and coordinate with their assigned
FAA inspector.
(7) Will this ``new operational procedures under IFR'' apply to all
IFR operators and pilots under FAA supervision? When will these new
operational procedures be implemented? New operational procedures will
apply to those aircraft equipped to utilized these procedures.
Government acceptance testing of the new ATC functional enhancements
has been completed. Anchorage ARTCC will be able to begin Initial
Operations Capability evaluation on June 15, 2000. At this point
controllers will begin to provide VFR advisories and traffic alerts to
participating aircraft on a limited basis to validate their ability to
conduct these operations. In August 2000, the ARTCC will go to
Operational Readiness Demonstration, during which time the controllers
will have the new ADS functional capabilities available on a full time
basis. This is a higher level of validation leading to commissioning.
It is expected that full IFR services, the final commissioning step,
will be accomplished when the avionics achieves level C certification
in November 2000. Eleven new stand alone GPS approaches are presently
found in government and industry publications. Eight more GPS
approaches are scheduled to be published by the end of August 2000.
Each airport upgrading from VFR to IFR status is being provided with an
Automated Weather Observing System (AWOS) in support of the Part 121
and Part 135 operating rules regarding weather reporting.
Comments were received urging the proposal be withdrawn for the
following rationale: (1) Increased visibility and distance from clouds
requirement above 1,200 feet AGL will hinder aircraft movement. Pilots
would drop below 1,200 feet AGL, congesting this airspace and risk
controlled flight into terrain or a mid-air collision, rather than
request an IFR clearance and mess with positive control. (2) Radio
communications via Remote Communications Air/Ground (RCAG) is limited
in this area even incorporating Remote Communications Outlets (RCO).
Pilots may not be able to contact an Air Traffic Control facility. (3)
The workload on controllers at Automated Flight Service Station (AFSS)
facilities will increase via relaying IFR and Special VFR clearances
and other services. AFSS are not staffed to handle the increased radio
communications. (4) Since only commercial aircraft will be equipped
with the Capstone avionics and general aviation (GA) will be unable or
unwilling to obtain clearances, there will be a combination of IFR and
VFR aircraft operating within the same airspace during IFR conditions.
Capstone participants cannot be assured separation from VFR and IFR
traffic. (5) Poor pilot judgment in weather conditions below minimums
does not warrant establishing a procedure that is extremely restrictive
and alienates the small engine, GA pilot over such a large area of
Alaska. (6) Capstone is doomed to failure because the FAA does not have
the budget to allow compliance by all, nor maintain the data link
infrastructure necessary for consistent reliability and future
upgrades.
FAA Response to Comments
The FAA disagrees with the comments for withdrawal of the proposal
for the following reasons:
(1) The visibility requirement above 1200 feet AGL will increase
from one (1) statue mile in Class G airspace to three (3) statue miles
in Class E airspace, however, cloud clearance requirements above 1200
feet AGL remain unaffected. These visibility increases provide a safety
buffer needed when IFR and VFR flights operate in the same airspace.
Capstone is a joint FAA/industry project initiated to reduce the
current Alaskan air taxi accident rate which is six (6) times the
national average. The airports receiving new instrument procedures were
selected by a group of industry representatives comprising a broad
spectrum of both GA and commercial interests. The required airspace
actions, with the resulting increase in visibility requirements, are a
result of joint planning and coordinating with these industry groups.
(2) RCAG/RCO coverage--ADS-B ``radar-like'' services are being
implemented in a manner to utilize known air to ground radio coverage
capabilities. Where it becomes known, in the implementation of this
service, that additional voice communications coverage is needed,
projects will be initiated to accommodate that need.
(3) The installation of Capstone equipment into an aircraft does
not change the Federal Aviation Regulations (FARs) under which the
aircraft must be operated. Those aircraft properly equipped to conduct
flight in instrument conditions with a rated crew may be expected to
file for IFR services at any time the weather deteriorates below VFR
minima. There will not be any waivers granted to Capstone equipped
aircraft to operate VFR in IFR conditions as this would be a violation
of the governing FARs. Capstone is a safety initiative. By introducing
moving map terrain, NOTAM, and weather information to aircraft in
flight, it is anticipated that accident rates may be reduced. Because
aircraft will have increased access to information normally provided by
flight service specialists through voice transmission, specialist
workload may actually decrease in some areas.
(4) One of the Capstone program objectives in support of the RTCA
Free Flight Steering Committee is to provide participating aircraft the
capability of ``enhanced see and avoid'' commonly referred to as
Traffic Information Services (TIS). Initially, Capstone equipped
aircraft will be able to display other similarly equipped aircraft, and
in the foreseeable future radar tracked aircraft information will be
uplinked to Capstone equipped aircraft as well. This information will
be available to Capstone aircraft at all times, IFR or VFR, as long as
they are within the service volume of a Capstone Ground Broadcast
Transceiver. This should assist the pilot in performing their primary
responsibility of ``seeing and avoiding'' other aircraft.
(5) The Capstone project cannot overcome all NAS infrastructure
deficiencies and that is not the project's intent. Capstone project is
a safety initiative implemented to demonstrate the advantages inherent
in emerging technology and afford those benefits to Alaskans on a
geographically expanding basis.
(6) The Capstone program is fully funded under the FAA's
``Facilities and Equipment'' budget process. The program is presently
funded for three years with planning under way for at least two
additional years. Current program projections are to expand the program
to serve the entire State of Alaska. Capstone infrastructure
enhancements include weather reporting stations and new GPS based
approach development as well as increasing service to the public by
providing ``radar like services'' using ADS-B. Capstone is a fully
funded project designed to allow a real world validation of a mixture
of equipment to improve safety. Newly installed AWOS sites fill the
weather needs at previously unserved airports and close gaps in the
present weather reporting areas allowing for better weather forecasting
and real time weather dissemination to working flight crews. Ground
based equipment installed in the field will be certified and maintained
to appropriate NAS standards.
The area will be depicted on aeronautical charts for pilot
reference. The coordinates for this airspace docket are based on North
American Datum 83.
[[Page 37038]]
The Class E airspace areas designated as 700/1200 foot transition areas
are published in paragraph 6005 of FAA Order 7400.9G, Airspace
Designations and Reporting Points, dated September 1, 1999, and
effective September 16, 1999, which is incorporated by reference in 14
CFR 71.1. The Class E airspace designations listed in this document
will be revised and published subsequently in the Order.
The Rule
This amendment to 14 CFR part 71 (part 71) establishes Class E
airspace within the Yukon-Kushkokwim Delta area in southwest Alaska.
The intended effect of this rule is to create adequate controlled
airspace and infrastructure for IFR operations within the in the Yukon-
Kushkokwim Delta area where uncontrolled airspace currently exists.
This controlled airspace is needed to validate new operational
procedures and equipment in the IFR environment in support of the
Capstone R&D project. Additionally, this rule will enhance flight
safety, reduce the potential for midair collisions, improve operational
efficiencies, and better manage air traffic operations.
The FAA has determined that these proposed regulations only involve
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, when promulgated, 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--DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND
CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS
1. The authority citation for 14 CFR Part 71 continues to read as
follows:
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 Federal
Aviation Administration Order 7400.9G, Airspace Designations and
Reporting Points, dated September 1, 1999, and effective September 16,
1999, is amended as follows:
Paragraph 6005 Class E airspace extending upward from 700 feet or
more above the surface of the earth.
* * * * *
AAL AK E5 Yukon-Kuskokwim Delta, AK [New]
That airspace extending upward from 1,200 feet above the surface
within the area bounded by lat. 58 deg. 25' 36" N long. 158 deg. 00'
W, to lat. 57 deg. 50' N long. 158 deg. 00' W, to lat. 57 deg. 50' N
long. 156 deg. 00' W, to lat. 64 deg. 00' N long. 156 deg. 00' W, to
lat. 64 deg. 00' N long. 161 deg. 41' 24" W, then via the 12
nautical mile limit to the point of beginning.
* * * * *
Issued in Anchorage, AK, on June 6, 2000.
Willis C. Nelson,
Manager, Air Traffic Division, Alaskan Region.
[FR Doc. 00-14861 Filed 6-12-00; 8:45 am]
BILLING CODE 4910-13-U