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CFR Citation: 14 CFR Part 71

Docket ID: [Docket No. FAA-2004-19415; Airspace Docket No. 04-AAL-15]

NOTICE: PROPOSED RULES

ACTION: Airworthiness directives:

DOCUMENT ACTION: Notice of proposed rulemaking.

SUBJECT CATEGORY: Proposed Revision of Class E Airspace; Ketchikan, AK

DATES: Comments must be received on or before February 14, 2005.

DOCUMENT SUMMARY: This action proposes to revise Class E airspace at Ketchikan, AK. The existing Class E airspace is not sufficient to contain aircraft executing all instrument procedures at Ketchikan Airport. Adoption of this proposal would result in the revision of Class E airspace upward from 700 feet (ft.) above the surface at Ketchikan, AK.

SUMMARY: Class E airspace,

SUPPLEMENTAL INFORMATION

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 energyrelated aspects of the proposal.
Communications should identify both docket numbers and be submitted in triplicate to the address listed above. Commenters wishing the FAA to acknowledge receipt of their comments on this notice must submit with those comments a selfaddressed, stamped postcard on which the following statement is made: ``Comments to Docket No. FAA200419415/ Airspace Docket No. 04AAL15.'' The postcard will be date/time stamped and returned to the commenter.

All communications received on or 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 comments received. All comments submitted will be available for examination in the public docket both before and after the closing date for comments. A report summarizing each substantive public contact with FAA personnel concerned with this rulemaking will be filed in the docket.

Availability of Notice of Proposed Rulemaking's (NPRM's)

An electronic copy of this document may be downloaded through the Internet at http://www.faa.gov. or the Superintendent of Document's web page at http://www.access.gpo.gov/nara .

Additionally, any person may obtain a copy of this notice by submitting a request to the Federal Aviation Administration, Office of Air Traffic Airspace Management, ATA400, 800 Independence Avenue, SW., Washington, DC 20591 or by calling (202) 2678783. Communications must identify both docket numbers for this notice. Persons interested in being placed on a mailing list for future NPRM's should contact the FAA's Office of Rulemaking, (202) 2679677, to request a copy of Advisory Circular No. 112A, Notice of Proposed Rulemaking Distribution System, which describes the application procedure.

The Proposal

The FAA is considering an amendment to the Code of Federal Regulations (14 CFR Part 71), which would establish additional Class E airspace at Ketchikan, AK. The intended
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effect of this proposal is to revise Class E airspace upward from 700 ft. above the surface to contain Instrument Flight Rules (IFR) operations at Ketchikan, AK.

The Special Instrument Flight Procedures developed for the Ketchikan Airport currently are not contained in Class E airspace. The FAA is proposing to revise Class E airspace at Ketchikan, AK, which would be sufficient to contain aircraft executing instrument procedures. Additional Class E controlled airspace extending upward from 700 ft. above the surface within the Ketchikan Airport area would be created by this action.

The area would be depicted on aeronautical charts for pilot reference. The coordinates for this airspace docket are based on North American Datum 83. The Class E airspace areas designated as 700/1200 foot transition areas are published in paragraph 6005 in FAA Order 7400.9M, Airspace Designations and Reporting Points, dated August 30, 2004, and effective September 16, 2004, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designations listed in this document would be published subsequently in the Order.

The FAA has determined that this proposed 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 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 United States Code. Subtitle 1, 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 1, Section 40103, Sovereignty and use of airspace. Under that section, the FAA is charged with prescribing regulations to ensure the safe and efficient use of the navigable airspace. This regulation is within the scope of that authority because it proposes to revise Class E airspace sufficient to contain aircraft executing instrument approaches at Ketchikan Airport and represents the FAA's continuing effort to safely and efficiently use the navigable airspace.

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, 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, 19591963 Comp., p. 389.

Sec. 71.1 [Amended]

2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9M, Airspace Designations and Reporting Points, dated August 30, 2004, and effective September 16, 2004, is to be amended as follows:
* * * * *
Paragraph 6005 Class E airspace extending upward from 700 feet or more above the surface of the earth.
* * * * *
AAL AK E5 Ketchikan, AK [Revised]
Ketchikan International Airport, AK
(Lat. 55[deg]21'20'' N., long. 131[deg]42'50'' W.)
Annette Island VORTAC
(Lat. 55[deg]03'38'' N., long. 131[deg]34'42'' W.)
Ketchikan Localizer
(Lat. 55[deg]20'51'' N., long. 131[deg]42'00'' W.)
Clam Cove NDB

(Lat. 55[deg]20'43'' N., long. 131[deg]41'47'' W.)

That airspace extending upward from 700 feet above the surface within 2.0 miles each side of the Ketchikan Localizer east course extending from the Ketchikan Localizer to 9.0 miles southeast of the Ketchikan International Airport and within 1.8 miles each side of the 353[deg] radial of the Annette Island VORTAC extending from 11 miles north of the VORTAC to the Ketchikan Localizer east course and within 1.9 miles either side of the Ketchikan Localizer west course extending from the localizer to 6.7 miles west of the airport and that airspace bounded by 55[deg]24'49'' N 131[deg]53'23'' W 55[deg]27'30'' N 132[deg]03'10'' W 55[deg]31'20'' N 132[deg]00'30'' W 55[deg]27'27'' N 131[deg]48'35'' W.
* * * * *

Issued in Anchorage, AK, on December 17, 2004.
Anthony M. Wylie,
Acting Area Director, Alaska Flight Services Area Office.
[FR Doc. 0428554 Filed 122904; 8:45 am]
BILLING CODE 491013P

FOR FURTHER INFORMATION CONTACT Jesse Patterson, AAL-538G, Federal Aviation Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 995137587; telephone number (907) 2715898; fax: (907) 2712850; e mail: Jesse.CTR.Patterson@faa.gov. Internet address: http://www.alaska.faa.gov/at .