99-7625. Anchorage, Alaska, Terminal Area  

  • [Federal Register Volume 64, Number 59 (Monday, March 29, 1999)]
    [Rules and Regulations]
    [Pages 14972-14978]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-7625]
    
    
    
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    Part II
    
    
    
    
    
    Department of Transportation
    
    
    
    
    
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    Federal Aviation Administration
    
    
    
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    14 CFR Part 93
    
    
    
    Anchorage, Alaska, Terminal Area; Final Rule
    
    Federal Register / Vol. 64, No. 59 / Monday, March 29, 1999 / Rules 
    and Regulations
    
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    DEPARTMENT OF TRANSPORTATION
    
    Federal Aviation Administration
    
    14 CFR Part 93
    
    [Docket No. 29029; Amendment No. 93-77]
    RIN 2120-AG45
    
    
    Anchorage, Alaska, Terminal Area
    
    AGENCY: Federal Aviation Administration (FAA), DOT.
    
    ACTION: Final rule.
    
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    SUMMARY: This action amends regulations regarding aircraft operations 
    in the Anchorage, Alaska, Terminal Area. Specifically, this action 
    revises the description of the Anchorage, Alaska, Terminal Area and the 
    Communications requirements for operating in the area; adds a new 
    segment, with communication and operating requirements, east of 
    Anchorage International Airport; changes the altitude requirement for 
    one segment; makes minor editorial changes; and removes appendix A of 
    part 93. In addition, this rule addresses two minor inadvertent 
    omissions of information pertaining to the boundary realignments of the 
    International and Bryant segments of the Alaska Terminal Area. The FAA 
    is taking this action to enhance safety and to simplify aircraft 
    operating procedures in the Anchorage, Alaska, Terminal Area.
    
    EFFECTIVE DATE: 0901 UTC, June 17, 1999.
    
    ADDRESSES: Any person may obtain a copy of this rule by submitting a 
    request to the FAA, Office of Rulemaking, 800 Independence Avenue, SW, 
    Washington, DC 20591, or by calling (202) 267-8783. Communications must 
    identify the docket/amendment number of the rule. Persons interested in 
    being placed on a mailing list for future rules should call the FAA's 
    Office of Rulemaking, (202) 267-9677.
        An electronic copy of this document may be downloaded using a modem 
    and suitable communications software from the FAA regulations section 
    of the Fedworld electronic bulletin board service (telephone: 703-321-
    3339) or the Federal Register's electronic bulletin board service 
    (telephone: 202-512-1661.
        Internet users may reach the FAA's web page at http://www.faa.gov 
    or the Federal Register's web page at http://www.access.gpo.gov/
    su__docs for access to recently published rulemaking documents.
    
    FOR FURTHER INFORMATION CONTACT:
    Bill Nelson, Airspace and Rules Division, ATA-400, Office of Air 
    Traffic Airspace Management, Federal Aviation Administration, 800 
    Independence Avenue, SW., Washington, DC 20591; telephone (202) 267-
    8783.
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        On December 17, 1991, the FAA published, in the Federal Register, 
    the Airspace Reclassification Final Rule (56 FR 65638). This rule 
    reclassified various airspace designations and deleted the term 
    ``Airport Traffic Area.'' These changes were designed to apply to all 
    similarly designated airspace areas. However, Title 14 of the Code of 
    Federal Regulations (14 CFR) part 93, subpart D was not amended to 
    reflect the airspace reclassification effort.
        In this action, the FAA amends the regulations set forth at part 
    93, subpart D, to reflect airspace designations in the vicinity of 
    Anchorage, Alaska. The FAA replaces the term ``Airport Traffic Area'' 
    with the new term ``Terminal Area'' throughout part 93, subpart D. 
    Additionally, this action deletes reference in part 93, subpart D, to 
    Bryant airport traffic control tower (ATCT) which was decommissioned on 
    September 27, 1995, and Anchorage Flight Service Station (FSS) which 
    was decommissioned on June 19, 1993. When these facilities were 
    decommissioned, no corresponding changes were initiated to amend part 
    93, subpart D, to reflect the closure. Further, this rule establishes a 
    new Seward Highway segment with communication requirements for aircraft 
    operating in this segment.
    
    Public Input
    
        On October 1, 1997, the FAA published a notice of proposed 
    rulemaking in the Federal Register (Notice No. 97-14; 62 FR 51564) 
    proposing to amend the regulations regarding the Anchorage, Alaska, 
    Terminal Area, in the following manner: (1) revising the description of 
    the Anchorage, Alaska, Terminal Area and the communication requirements 
    for operating in the area; (2) adding a new segment with communication 
    requirements east of Anchorage International Airport; (3) changing 
    several altitude requirements; (4) modifying the vertical limits of 
    certain segments; (5) updating the communications requirements for 
    operations in several segments due to the decommissioning of certain 
    air traffic control facilities; (6) removing appendix A of part 93; and 
    (7) making minor editorial changes.
        Interested persons were invited to participate in this rulemaking 
    proceeding by submitting written comments on the proposal to the FAA. 
    The FAA received 11 written comments in response to the proposal to 
    modify the Anchorage, Alaska, Terminal Area (Notice 97-14). These 
    commenters included the following parties: the Air Transport 
    Association; Anchorage International Airport; Alaskan Aviation Safety 
    Foundation; Alaska Airmen's Association, Inc.; Department of the Army; 
    State of Alaska Department of Transportation and Public Facilities; and 
    other concerned citizens. All comments received were considered before 
    making a determination on this final rule. The following is an analysis 
    of the substantive comments received and the Agency's responses.
    
    Analysis of Comments
    
    Lake Hood Segment
    
        The FAA received several comments both opposing and/or supporting 
    the proposal to revise the Lake Hood segment by raising the altitude to 
    1,000 feet mean sea level (MSL). Some of the commenters raised the 
    following objections: (1) the resulting extended airport patterns would 
    increase fuel costs; (2) the higher climb requirements would increase 
    noise levels; (3) the reduced separation of aircraft operating into and 
    out of Lake Hood and Anchorage International Airport would diminish 
    safety; and (4) the use of special visual flight rules (VFR) procedures 
    would be lost in minimal weather conditions.
        The FAA, after further review and technical evaluation, agrees with 
    those commenters objecting to the action and is, therefore, withdrawing 
    the proposal to raise the Lake Hood segment altitude to 1,000 feet MSL.
    
    Seward Segment
    
        The FAA received several comments opposing the proposed 
    establishment of the Seward segment because they did not believe that 
    traffic volume warranted establishment of a new segment. These 
    commenters suggested that leaving the temporary Class D in effect was 
    sufficient to protect aircraft operations.
        The FAA does not agree with these commenters. The Anchorage Class C 
    airspace structure is nonstandard by design to accommodate military, 
    general aviation, and commercial air carrier users flying in and out of 
    the following six airports in the Anchorage Terminal Area: Anchorage 
    International Airport; Merrill Field; Elmendorf Air Force Base (AFB); 
    Lake Hood Seaplane Base; Lake Hood Airstrip; and Bryant Airport. The 
    FAA, established temporary Class D airspace to accommodate construction
    
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    of Runway 14/32 at Anchorage International Airport. This airspace was 
    established to ensure that aircraft operating east of the Seward 
    Highway, not in Class C airspace, continue to receive traffic 
    advisories and conflict alerts.
        While the temporary Class D airspace was operational, Anchorage 
    Approach Control, Lake Hood Tower, and Merrill Tower provided flight 
    safety information such as traffic alerts, wake turbulence advisories, 
    and other safety-related services to all IFR and VFR users in the 
    airspace. The temporary Class D ATC communication and operating 
    requirements provided greater safety for all the users of the airspace 
    which prompted air traffic management to consider permanent operating 
    requirements by converting the temporary Class D airspace to the Seward 
    segment.
        The departure/arrival corridor, however, does not meet all of the 
    requirements for Class D airspace (ATC tower, airport, weather 
    reporting) and therefore the Class D airspace designation was not 
    considered as a permanent alternative. Consequently, the FAA has 
    established the new Seward segment.
        This new area is designed to accommodate users who do not wish to 
    communicate with ATC. The area will allow aircraft to circumnavigate 
    the segment without significant change to planned flight routes and/or 
    use of operational procedures to enter or exit the segment.
    
    Terminal Area Ceiling
    
        Several commenters suggested that all segments of the Anchorage 
    Terminal Area ceiling be made uniform and, further, recommended that it 
    be no lower than 900 feet MSL and no higher than 1,200 feet MSL.
        The FAA does not agree with these suggestions because of safety 
    concerns. The special air traffic rules protecting the arrival and 
    departure routes into and out of Anchorage International Airport and 
    Elmendorf Air Force Base were adopted to meet the unique operational 
    requirements of the six airports in the Anchorage Terminal Area. Due to 
    the close proximity of these six airports, the potential for incidents 
    or accidents between IFR and VFR aircraft would significantly increase 
    if the ceiling altitudes were uniform. The FAA believes that by placing 
    these special flight altitude restrictions on the various segments in 
    the Anchorage Terminal Area, and implementing corresponding operating 
    procedures, the air traffic system will be more efficient and airspace 
    management for the Anchorage, Alaska, Terminal Area will improve.
    
    Environmental Concerns
    
        Several commenters expressed concern that noise levels would 
    necessarily increase over the Seward segment, and questioned why an 
    Environmental Impact Study (EIS) had not been prepared.
        The FAA does not believe that noise will be increased due to the 
    changes proposed since this action does not lower existing operational 
    altitudes, nor does it change the special air traffic rules addressing 
    operational altitudes.
        FAA Order 1050.1, Policies and Procedures for Considering 
    Environmental Impacts, categorically excludes certain airspace actions 
    from an EIS when it is determined by the Agency that the action(s), 
    individually or cumulatively, will not have a significant impact on the 
    human environment. Thus, the FAA determined that an EIS was not 
    necessary.
    
    Common Traffic Advisory Frequency (CTAF)
    
        Several commenters did not agree with the communication requirement 
    for Merrill Field ATCT during the periods when it is not in operation. 
    They suggested continued use of the voluntary CTAF when the Merrill 
    Field ATCT is closed. Suggestions were also received to use Anchorage 
    ATCT as the ATC contact frequency.
        The FAA does not agree with these commenters. The communication 
    requirements specified in this rule simplify communication procedures 
    and provide ATC a direct means of conveying flight safety information 
    such as traffic alerts, wake turbulence advisories, and other safety-
    related services to users of the airspace. Since CTAF is not an ATC 
    frequency, ATC safety advisories are not available through that source.
        The FAA believes that Anchorage Approach Control is the best ATC 
    facility in the Anchorage Terminal Area to convey military, commercial 
    air carrier and general aviation traffic alerts, wake turbulence 
    advisories, and other safety-related services for Merrill Field users 
    when the Merrill Field Tower is closed. Anchorage ATCT cannot perform 
    this function because it would not be aware of all IFR and special VFR 
    traffic arriving and departing Elmendorf AFB or Merrill Field. 
    Anchorage Approach Control has that information and is equipped with 
    radar to provide ATC services.
        Special flight rules for arriving and departing the Anchorage 
    Terminal Area are required by 14 CFR part 93. This rule requires that 
    specific altitudes be used which provide minimum altitudes of 300 feet 
    vertically for separation between segments. Anchorage Approach Control 
    handles all IFR arrival and departure traffic into Anchorage 
    International Airport, Elmendorf AFB, Merrill Field, Lake Hood 
    airstrip, Lake Hood Seaplane Base, and Bryant Airport. During periods 
    requiring special VFR flight procedures or IFR procedures in the 
    Anchorage Terminal Area, Anchorage Approach Control provides ATC for 
    the following events: separation between aircraft on the Elmendorf 
    final approach to runway 5; departures from Elmendorf runway 23; 
    aircraft flying over the Knik Arm in the Merrill Segment; and any 
    aircraft on a deviation from procedures directed by this rule.
        In consideration of the above, the FAA finds that the existing 
    aircraft operating procedures in the Merrill segment, in conjunction 
    with the communication procedures contained in this rule, meet ATC 
    operational requirements and improve safety in the Anchorage, Alaska, 
    Terminal Area.
    
    Bryant and Elmendorf Segments
    
        The FAA received two comments regarding proposed changes to the 
    Bryant segment. One commenter suggested that the segment be eliminated 
    since it has no control tower. Additionally, a comment from the U.S. 
    Army requested that the Bryant segment remain published because of its 
    importance to Army aviation requirements. The Army further recommended 
    that the northern boundary of the Elmendorf segment be aligned with the 
    adjoining restricted area 2203C (R-2203C).
        Although the Bryant segment does not have an operational control 
    tower, appropriate communication procedures are in place. The FAA 
    concurs, therefore, with the U.S. Army's request to retain the Bryant 
    segment and to align the northwestern boundary of the Elmendorf segment 
    with R-2203C.
    
    Appendix A
    
        One commenter suggested that the FAA not remove the appendix 
    (appendix A) from part 93, subpart D, which depicts the Anchorage, 
    Alaska, Terminal Area and associated traffic patterns.
        The FAA does not agree with this suggestion. The FAA is removing 
    appendix A from part 93, subpart D, because graphical depictions of the 
    Anchorage, Alaska, Terminal Area and associated airport traffic 
    patterns are published on appropriate Alaska
    
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    aeronautical charts and publications that are readily available to the 
    aviation community. Aeronautical publications (e.g., VFR Terminal Area 
    Chart, Anchorage, Sectional Aeronautical Chart) are up-dated more 
    frequently than the Code of Federal Regulations and, therefore, are a 
    better source for this type of information.
    
    The Rule
    
        This action amends part 93, subpart D, regarding the Anchorage, 
    Alaska, Terminal Area. Specifically, this action makes the following 
    amendments: (1) revises the description of the Terminal Area; (2) 
    reconfigures the boundaries of several existing segments; (3) updates 
    certain communication requirements for operating in the Terminal Area 
    due to the decommissioning of certain air traffic control facilities; 
    (4) changes the altitude requirement of one segment; (5) adds a new 
    segment, with communication requirements, east of Anchorage 
    International Airport; (6) removes appendix A of part 93; and (7) makes 
    minor editorial changes.
        The FAA is taking this action to enhance safety, simplify aircraft 
    operating procedures, and improve the efficiency of airspace management 
    in the Terminal Area.
    
    Section 93.51--Applicability
    
        The FAA is replacing the term ``Airport Traffic Area'' with the new 
    term ``Terminal Area.'' This change incorporates terminology 
    implemented by the Airspace Reclassification Final Rule and appears 
    throughout part 93.
    
    Section 93.53--Description of Area
    
        The FAA is amending the description and boundaries of the 
    Anchorages, Alaska, Terminal Area. Currently, Sec. 93.53 describes the 
    Terminal Area both in terms of its geographical boundaries and vertical 
    dimensions. The FAA is limiting the description of the Terminal Area, 
    in this section, to geographical boundaries and is deleting reference 
    to any vertical dimension.
    
    Section 93.55--Subdivision of Area: New Seward Highway Segment
    
        The FAA is modifying the description of the Terminal Area segment 
    areas described in Sec. 93.55. Currently, the segment areas of the 
    Anchorage Terminal Area are described by reference to geographical 
    boundaries. The vertical dimensions of the segment areas as defined in 
    the current Sec. 93.53 provide a uniform altitude of up to 3,000 feet 
    mean sea level (MSL). This section describes the segment areas 
    geographically and vertically to conform with other operational changes 
    within each segment and adds the Seward Highway segment by designating 
    a new paragraph (f).
    
    Section 93.57--General Rules: All Segments
    
        This section describes general rules for operations conducted in 
    all segments of the Terminal Area. The FAA is adding the Seward Highway 
    segment to Sec. 93.57(a) and Sec. 93.57(e). The FAA is also adding the 
    Bryant segment operational requirements to the exceptions listed in 
    Sec. 93.57(d) and Sec. 93.57(e).
    
    Section 93.59--General Rules: International Segment
    
        In the NPRM, the FAA inadvertently omitted the proposal to redefine 
    a portion of the International segment along the arc boundary of the 
    Anchorage, Alaska, Terminal Area. Modification of the International 
    segment reconfigures the outer area along the 5.2 nautical mile (NM) 
    radius of the Anchorage International Airport to include a necessary 
    extension where the arc terminates, to the north near Point MacKenzie, 
    and to the south where it intercepts the New Seward Highway. The 
    reconfiguration of the International segment along the 5.2 NM arc 
    boundary coincides with the overlying and established Anchorage Class C 
    airspace area. Incorporating this change simplifies the chart 
    depiction; however, it does not modify existing aircraft operational or 
    communication requirements to enter the segment or airspace area. 
    Pilots who elect to operate in this area must follow existing 
    procedures and guidelines as published in 14 CFR and/or other 
    appropriate aeronautical publications.
    
    Section 93.61--General Rules: Lake Hood Segment
    
        In the NPRM, the FAA proposed raising the operational altitude in 
    the Lake Hood segment from 600 to 1000 feet MSL. However, after further 
    evaluation the FAA determined that modifying the Lake Hood segment 
    would adversely impact established arrival and departure procedures 
    into and out of the Lake Hood segment. Therefore, the FAA has withdrawn 
    that portion of the proposal. The current procedures provide adequate 
    altitude separation between Lake Hood arrivals and departures, thereby 
    reducing the potential for altitude conflict in the vicinity of the 
    Lake Hood and Merrill segments. In addition, the Lake Hood Segment 
    procedures currently in effect allow General Aviation (GA) to operate 
    below the arrival traffic to runway 14 into Anchorage International 
    Airport.
    
    Section 93.63--General Rules: Merrill Segment
    
        The Merrill segment remains unchanged with the exception of the 
    communication requirement for those times when Merrill Tower is not in 
    operation. The FAA believes that the use of CTAF when the Merrill Tower 
    is not in operation compromises safety because safety advisories such 
    as traffic and wake turbulence are unavailable through CTAF since it is 
    not an assigned or used ATC frequency. Therefore, the FAA is requiring 
    operators to contact Anchorage Approach Control.
    
    Section 93.65--General Rules: Elmendorf Segment
    
        The special traffic operational altitude in the Elmendorf segment 
    is raised from 700 to 800 feet MSL due to the growth of trees. The FAA 
    determined that raising the altitude by 100 feet will give those 
    operators who elect to operate within this segment additional 
    maneuvering airspace for aircraft operations. Subparagraph (f) is added 
    to inform users of the exclusionary area when aircraft operators are in 
    VFR conditions in the vicinity of Sixmile Lake below 600', and to 
    support communication procedures for Elmendorf AFB aircraft operators.
    
    Section 93.67--General Rules: Bryant Segment
    
        The southeastern boundary of the Bryant segment is reconfigured to 
    support egress and ingress, as well as other flight operations into and 
    out of the Bryant Army Heliport. Subparagraph (b) aircraft 
    communication requirements and aircraft operating procedures are 
    simplified due to the closure of the Bryant Tower.
    
    Section 93.68--General Rules: Seward Segment
    
        The Seward segment is established to enhance the efficiency of air 
    traffic management due to the increase of both VFR and IFR aircraft 
    operations. This action decreases the potential of incident or accident 
    in this segment.
    
    Section 93.69--General Rules: Lake Campbell and Sixmile Lake
    
        The FAA is amending Sec. 93.69 to remove the reference to appendix 
    A. The discussion of Sec. 93.69 changes was inadvertently left out of 
    the NPRM; however, the Analysis of the Proposed Changes section in the 
    NPRM did explain the rationale for deleting appendix A to part 93. 
    Currently, there are aeronautical charts that graphically depict the 
    Anchorage, Alaska, Terminal Area. These charts are updated
    
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    frequently without the requirement of any rulemaking action. Current 
    information can be obtained by consulting appropriate Notices to Airmen 
    and other flight information publications. Conversely, appendix A to 
    part 93--Anchorage Airport Traffic Area: Traffic Patterns--requires 
    rulemaking action to change, thus delaying essential aeronautical 
    information required for the safety of flight. Therefore, appendix A 
    has been removed from part 93.
    
    Regulatory Evaluation Summary
    
        Changes to Federal regulations must undergo several economic 
    analyses. First, Executive Order 12866 directs that each Federal agency 
    shall propose or adopt a regulation only upon a reasoned determination 
    that the benefits of the intended regulation justify its costs. Second, 
    the Regulatory Flexibility Act requires agencies to analyze the 
    economic effect of regulatory changes on small entities. Third, the 
    Office of Management and Budget directs agencies to assess the effect 
    of regulatory changes on international trade. In conducting these 
    analyses, the FAA has determined that this Rulemaking: (1) would 
    generate benefits that justify its minimal costs and is not ``a 
    significant regulatory action'' as defined in the Executive Order; (2) 
    is not significant as defined in Department of Transportation's 
    Regulatory Policies and Procedures; (3) would not have a significant 
    impact on a substantial number of small entities; (4) would not 
    constitute a barrier to international trade; and (5) would not contain 
    any Federal intergovernmental or private sector mandate. All of these 
    analyses have been prepared as a regulatory evaluation and are 
    summarized below. A copy of the full regulatory evaluation has also 
    been placed into the docket.
    
    Agency Findings
    
        The FAA finds that there is an increase in the number of transport 
    category aircraft operating under IFR departing eastbound from 
    Anchorage International Airport. This additional traffic volume 
    increases the number of total aircraft operations and the operational 
    complexity in the uncontrolled airspace east of Anchorage International 
    Airport. In order to reduce the risk of a midair collision in that 
    airspace, ATC is establishing a segment (Seward Highway segment) of the 
    Anchorage Terminal airspace area to the east. Aircraft operating in the 
    Terminal Area will be required to be in contact with ATC. Such contact 
    provides pilots with positive ATC services, such as traffic alerts, 
    separation, weather information, etc., thereby providing greater 
    protection for all users of the airspace.
        Section 93.57(e), requires that ``each person piloting an aircraft 
    shall maintain two-way radio communications with the control tower 
    serving the segment containing the airport of landing or takeoff.'' 
    This requirement imposes minimal, if any, additional costs on general 
    aviation or air carrier operations. This cost determination is based on 
    data contained in the most recently published General Aviation and 
    Avionics Survey Report. The report indicates that nearly 100 percent of 
    Alaskan general aviation aircraft operators are already equipped with 
    two-way radios. The FAA has also determined that those few operators 
    without two-way radios will not have to circumnavigate the airspace 
    area, but can instead fly above the 3,000 feet MSL ceiling without 
    significantly deviating from their regular flight paths. Section 
    93.57(d) describes general rules for operations conducted in all 
    segments of the Terminal Area. This section will not impose any 
    additional costs to operators. Section 93.65(c) raises the operational 
    altitude from 700 to 800 feet MSL due to tree growth. The FAA has 
    determined that a 100 feet increase will impose negligible increased 
    costs to operators who elect to operate within the Elmendorf segment 
    while maintaining an appropriate level of safety.
        The FAA, on September 30, 1995, decomissioned the Bryant ATCT and 
    established the Bryant Airport CTAF. The agency has determined that it 
    will handle the current and projected aviation activity in the Seward 
    Highway segment at the Anchorage International Airport ATC Facility, 
    without additional staff or additional equipment.
        In view of the minimal cost of compliance, enhanced safety, and 
    simplified aircraft operating procedures covering the Anchorage, AK, 
    Terminal Area, the FAA has determined that this rule is cost-
    beneficial.
    
    Final Regulatory Flexibility Determination
    
        The Regulatory Flexibility Act of 1980 establishes ``as a principle 
    of regulatory issuance that agencies shall endeavor, consistent with 
    the objective of the rule and of applicable statutes, to fit regulatory 
    and informational requirements to the scale of the business, 
    organizations, and governmental jurisdictions subject to regulation.'' 
    To achieve that principle, the Act requires agencies to solicit and 
    consider flexible regulatory proposals and to explain the rationale for 
    their actions. The Act covers a widerange of small entities, including 
    small businesses, not-for-profit organizations and small governmental 
    jurisdictions.
        Agencies must perform a review to determine whether a proposed or 
    final rule will have a significant economic impact on a substantial 
    number of small entities. If the determination is that it will, the 
    agency must prepare a regulatory flexibility analysis (RFA) as 
    described in the Act.
        However, if an agency determines that a proposed or final rule is 
    not expected to have a significant economic impact on a substantial 
    number of small entities, section 605(b) of the 1980 act provides that 
    the head of the agency may so certify and an RFA is not required. The 
    certification must include a statement providing the factual basis for 
    this determination, and the reasoning should be clear.
        Small entities will incur negligible, if any, cost with the 
    implementation of this rule. This rule will impact operators of 
    aircraft who do not meet Class D airspace navigational equipment 
    standards (primarily part 135 aircraft without two-way radios). 
    However, in Alaska, nearly 100 percent of aircraft operators already 
    have this equipment and routinely fly into airspace where such 
    equipment requirements are already in place. Also, those operators that 
    do not have two-way radios can easily fly above the airspace where two-
    way radios are required. Accordingly, the FAA certifies that this rule 
    will not have a significant economic impact on a substantial number of 
    small entities.
    
    International Trade Impact Assessment
    
        This rule will not impose a competitive disadvantage to either US 
    air carriers doing business abroad or foreign air carriers doing 
    business in the United States. This assessment is based on the fact 
    that this rule will not impose additional costs on either US or foreign 
    air carriers. This rule will have no effect on the sale of foreign 
    aviation products or services in the United States, nor will it affect 
    the sale of united States aviation products or services in foreign 
    countries.
    
    Unfunded Mandates Assessment
    
        Title II of the Unfunded Mandates Reform Act of 1995 (the act), 
    enacted as Pub. L. 104-4 on March 22, 1995, requires each Federal 
    agency, to the extent permitted by law, to prepare a written assessment 
    of the effects of any Federal mandate in a proposed or final agency 
    rule that may result in the expenditure of $100 million or more 
    adjusted annually for inflation in any
    
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    one year by State, local, and tribal governments, in the aggregate, or 
    by the private sector. Section 204(a) of the ACT, 2 U.S.C. 1534(a), 
    requires the Federal agency to develop an effective process to permit 
    timely input by elected officers (or their designees) of State, local 
    and tribal governments on a proposed ``significant intergovernmental 
    mandate.'' A ``significant intergovernmental mandate'' under the Act is 
    any provision in a Federal agency regulation that would impose an 
    enforceable duty upon state, local, tribal governments, in the 
    aggregate (of $100 million adjusted annually for inflation) in any one 
    year. Section 203 of the ACT, 2 U.S.C. 1533, which supplements section 
    204(a), provides that before establishing any regulatory requirements 
    that might significantly or uniquely affect small governments, the 
    agency shall have developed a plan that, in part, provides for notice 
    to potentially affected small governments, if any, and for a meaningful 
    and timely opportunity to provide input in the development of 
    regulatory proposals.
        This rule does not contain any Federal intergovernmental mandates, 
    but does contain a private sector mandate. However, because 
    expenditures by the private sector will not exceed $100 million 
    annually, the requirements of Title II of the Unfunded Mandates Reform 
    Act of 1995 do not apply.
    
    List of Subjects in 14 CFR Part 93
    
        Air traffic control, Airports, Alaska, Navigation (air) and 
    Reporting and recordkeeping requirements.
    
    The Amendment
    
        The FAA is amending Title 14 of the Code of Federal Regulations, 
    subpart D, Anchorage, Alaska, Terminal Area as follows:
    
    PART 93--SPECIAL AIR TRAFFIC RULES AND AIRPORT TRAFFIC PATTERNS
    
        1. The authority citation for part 93 continues to read as follows:
    
        Authority: 49 U.S.C. 106(g), 40103, 40106, 40109, 40113, 44502, 
    44514, 44701, 44719, 46301.
    
        2. Section 93.51 is revised to read as follows:
    
    
    Sec. 93.51  Applicability.
    
        This subpart prescribes special air traffic rules and traffic 
    patterns for aircraft operating in the Anchorage, Alaska, Terminal 
    Area.
        3. Section 93.53 is revised to read as follows:
    
    
    Sec. 93.53  Description of area.
    
        The Anchorage, Alaska, Terminal Area is designated as that airspace 
    extending upward from the surface to the upper limit of each of the 
    segments described in Sec. 93.55. It is bounded by a line beginning at 
    Point MacKenzie, extending westerly along the bank of Knik Arm to a 
    point intersecting the 350 deg. bearing from the Anchorage 
    International ATCT; thence north to intercept the 5.2-mile arc centered 
    on the geographical center of Anchorage, Alaska, ATCT; thence 
    counterclockwise along that arc to its intersection with a line bearing 
    180 deg. from the intersection of the new Seward Highway and 
    International Airport Road; thence due north to O'Malley Road; thence 
    east along O'Malley Road to its intersection with Lake Otis Parkway; 
    thence northerly along Lake Otis Parkway to its intersection with 
    Abbott Road; thence east along Abbott Road to its intersection with 
    Abbott Loop Road; thence north to its intersection with Tudor Road; 
    thence easterly along Tudor Road to its intersection with Muldoon Road; 
    thence northerly along Muldoon Road to the intersection of the Glenn 
    Highway; thence north and east along the Glenn Highway to Ski Bowl 
    Road; thence southeast along the Ski Bowl Road to a point one-half mile 
    south of the Glenn Highway; thence north and east one-half mile south 
    of and parallel to the Glenn Highway to its intersection with a line 
    one-half mile east of and parallel to the Bryant Airport Runway 16/34 
    extended centerline; thence northeast along a line one-half mile east 
    of and parallel to Bryant Airport Runway 16/34 extended centerline to 
    lat. 61 deg.16'13''N., long. 149 deg.37'35''W.; thence west along lat. 
    61 deg.17'13''N., to long. 149 deg.43'08''W.; thence north along long. 
    149 deg.43'08''W., to lat. 61 deg.17'30''N.; thence to lat. 
    61 deg.17'58''N., long 149 deg.44'08''W.; thence to lat. 
    61 deg.19'10''N., long. 149 deg.46'44''W.; thence north along long. 
    149 deg.46'44''W., to intercept the 4.7-mile radius arc centered on 
    Elmendorf Air Force Base (AFB), Alaska; thence counterclockwise along 
    the 4.7-mile radius arc to its intersection with the west bank of Knik 
    Arm; thence southerly along the west bank of Knik Arm to the point of 
    beginning.
        4. Section 93.55 is revised to read as follows:
    
    
    Sec. 93.55  Subdivision of Terminal Area.
    
        The Anchorage, Alaska, Terminal Area is subdivided as follows:
        (a) International segment. That area from the surface to and 
    including 4,100 feet MSL, within a 5.2-mile radius of the Anchorage 
    International ATCT; excluding that airspace east of the 350 deg. 
    bearing from the Anchorage International ATCT and north of the 090 deg. 
    bearing from the Anchorage International ATCT and east of a line 
    bearing 180 deg. and 360 deg. from the intersection of the new Seward 
    Highway and International Airport Road and the airspace extending 
    upward from the surface to but not including 600 feet MSL, south of 
    lat. 61 deg.08'28''N.
        (b) Merrill segment. That area from the surface to an including 
    2,500 feet MSL, within a line beginning at Point Noname; thence direct 
    to the mouth of Ship Creek; thence direct to the intersection of the 
    Glenn Highway and Muldoon Road; thence south along Muldoon Road to 
    Tudor Road; thence west along Tudor Road to the new Seward Highway; 
    thence direct to West Anchorage High School; thence direct to Point 
    MacKenzie; thence via the north bank of Knik Arm to the point of 
    beginning.
        (c) Lake Hood segment. That area from the surface to and including 
    2,500 feet MSL, within a line beginning at Point MacKenzie; thence 
    direct to West Anchorage High School; thence direct to the intersection 
    of Tudor Road and the new Seward Highway; thence south along the new 
    Seaward Highway to the 090 deg. bearing from the Anchorage 
    International ATCT; thence west direct to the Anchorage International 
    ATCT; thence north along the 350 deg. bearing from the Anchorage 
    International ATCT to the north bank of Knik arm; thence via the north 
    bank of Knik Arm to the point of beginning.
        (d) Elmendorf segment. That area from the surface to and including 
    3,000 feet MSL, within a line beginning at Point Noname; thence via the 
    north bank of Knik Arm to the intersection of the 4.7-mile radius of 
    Elmendorf AFB; thence clockwise along the 4.7-mile radius of Elmendorf 
    AFB to long. 149 deg.46'44''W.; thence south along long. 
    149 deg.46'44''W. to lat. 61 deg.19'10''N.; thence to lat. 
    61 deg.17'58''N., long. 149 deg.44'08''W.; thence to lat. 
    61 deg.17'30''N., long. 149 deg.43'08''W.; thence south along long. 
    149 deg.43'08''W. to the Glenn Highway; thence south and west along the 
    Glenn Highway to Muldoon Road; thence direct to the mouth of Ship 
    Creek; thence direct to the point of beginning.
        (e) Bryant segment. That area from the surface to and including 
    2,000 feet MSL, within a line beginning at lat. 61 deg.17'13''N., long. 
    149 deg.43735''W.; thence west along lat. 61 deg.17'13''N., to long. 
    149 deg.43'08''W.; thence south along long. 149 deg.43'08''W., to the 
    Glenn Highway; thence north and east along the Glenn Highway to Ski 
    Bowl Road;
    
    [[Page 14977]]
    
    thence southeast along the Ski Bowl Road to a point one-half mile south 
    of the Glenn Highway; thence north and east one-half mile south of and 
    parallel to the Glenn Highway to its intersection with a line one-half 
    mile east of and parallel to the Bryant Airport Runway \16/34\ extended 
    centerline; thence northeast along a line one-half mile east of and 
    parallel to Bryant Airport runway \16/34\ extended centerline to the 
    point of beginning.
        (f) Seward Highway segment. That area from the surface to an 
    including 4,100 feet MSL, within a line beginning at the intersection 
    of a line bearing 180 deg. from the intersection of the new Seward 
    Highway and International Airport Road, and O'Malley Road; thence east 
    along O'Malley Road to its intersection with Lake Otis Park Way, lat. 
    61 deg.40723''N., long 149 deg.50'03''W.; thence northerly along Lake 
    Otis Park Way to its intersection with Abbott Road, lat. 
    61 deg.08'14''N., long. 149 deg.50'03''W.; thence east along Abbott 
    Road to its intersection with Abbott Loop Road, lat. 61 deg.08'14''N., 
    long. 149 deg.48'16''W.; thence due north to intersect with Tudor Rod, 
    lat. 61 deg.10'51''N., long. 149 deg.48'16''W.; thence west along Tudor 
    Road to its intersection with the new Seward Highway, lat. 
    61 deg.10'51''N., long. 149 deg.51'38''W.; thence south along the new 
    Seward Highway to its intersection with a line bearing 180 deg. and 
    360 deg. from the intersection of the new Seward Highway and 
    International Airport Road; thence south to the point of beginning.
        5. Section 93.57 is revised to read as follows:
    
    
    Sec. 93.57  General rule: All segments.
    
        (a) Each person operating an aircraft to, from, or on an airport 
    within the Anchorage, Alaska, Terminal Area shall operate that aircraft 
    according to the rules set forth in this section and Secs. 93.59, 
    93.61, 93.63, 93.65, 93.67, or 93.68 as applicable, unless otherwise 
    authorized or required by ATC.
        (b) Each person operating an airplane within the Anchorage, Alaska 
    Terminal Area shall conform to the flow of traffic depicted on the 
    appropriate aeronautical charts.
        (c) Each person operating a helicopter shall operate it in a manner 
    so as to avoid the flow of airplanes.
        (d) Except as provided in Sec. 93.65 (d) and (e), and 
    Sec. 93.67(b), each person operating an aircraft in the Anchorage, 
    Alaska, Terminal Area shall operate that aircraft only within the 
    designated segment containing the arrival or departure airport.
        (e) Except as provided in Secs. 93.63(d) and 93.67(b), each person 
    operating an aircraft in the Anchorage, Alaska, Terminal Area shall 
    maintain two-way radio communications with the ATCT serving the segment 
    containing the arrival or departure airport.
        6. Section 93.59 is revised to read as follows:
    
    
    Sec. 93.59  General rules: International segment.
    
        (a) No person may operate an aircraft at an altitude between 1,200 
    feet MSL and 2,000 feet MSL in that portion of this segment lying north 
    of the midchannel of Knik Arm.
        (b) Each person operating an airplane at a speed of more than 105 
    knots within this segment (except that part described in paragraph (a) 
    of this section) shall operate that airplane at an altitude of at least 
    1,600 feet MSL until maneuvering for a safe landing requires further 
    descent.
        (c) Each person operating an airplane at a speed of 105 knots or 
    less within this segment (except that part described in paragraph (a) 
    of this section) shall operate that airplane at an altitude of at least 
    900 feet MSL until maneuvering for a safe landing requires further 
    descent.
        7. Section 93.61 is revised to read as follows:
    
    
    Sec. 93.61  General rules: Lake Hood segment.
    
        (a) No person may operate an aircraft at an altitude between 1,200 
    feet MSL and 2,000 feet MSL in that portion of this segment lying north 
    of the midchannel of Knik Arm.
        (b) Each person operating an airplane within this segment (except 
    that part described in paragraph (a) of this section) shall operate 
    that airplane at an altitude of at least 600 feet MSL until maneuvering 
    for a safe landing requires further descent.
        8. Section 93.63 is revised to read as follows:
    
    
    Sec. 93.63  General rules: Merrill segment.
    
        (a) No person may operate an aircraft at an altitude between 600 
    feet MSL and 2,000 feet MSL in that portion of this segment lying north 
    of the midchannel of Knik Arm.
        (b) Each person operating an airplane at a speed of more than 105 
    knots within this segment (except for that part described in paragraph 
    (a) of this section) shall operate that airplane at an altitude of at 
    least 1,200 feet MSL until maneuvering for a safe landing requires 
    further descent.
        (c) Each person operating an airplane at a speed of 105 knots or 
    less within this segment (except for that part described in paragraph 
    (a) of this section) shall operate that airplane at an altitude of at 
    least 900 feet MSL until maneuvering for a safe landing requires 
    further descent.
        (d) Whenever the Merrill ATCT is not operating, each person 
    operating an aircraft either in that portion of the Merrill segment 
    north of midchannel of Knik Arm, or in the Seward Highway segment at or 
    below 1200 feet MSL, shall contact Anchorage Approach Control for wake 
    turbulence and other advisories. Aircraft operating within the 
    remainder of the segment should self-announce intentions on the Merrill 
    Field CTAF.
        9. Section 93.65 is revised to read as follows:
    
    
    Sec. 93.65  General rules: Elmendorf segment.
    
        (a) Each person operating a turbine-powered aircraft within this 
    segment shall operate that aircraft at an altitude of at least 1,700 
    feet MSL until maneuvering for a safe landing requires further descent.
        (b) Each person operating an airplane (other than turbine-powered 
    aircraft) at a speed of more than 105 knots within this segment shall 
    operate that airplane at an altitude of at least 1,200 feet MSL until 
    maneuvering for a safe landing requires further descent.
        (c) Each person operating an airplane (other than turbine-powered 
    aircraft) at a speed of 105 knots or less within the segment shall 
    operate that airplane at an altitude of at least 800 feet MSL until 
    maneuvering for a safe landing requires further descent.
        (d) A person landing or departing from Elmendorf AFB; may operate 
    that aircraft at an altitude between 1,500 feet MSL and 1,700 feet MSL 
    within that portion of the International and Lake Hood segments lying 
    north of the midchannel of Knik Arm.
        (e) A person landing or departing from Elmendorf AFB, may operate 
    that aircraft at an altitude between 900 feet MSL and 1,700 feet MSL 
    within that portion of the Merrill segment lying north of the 
    midchannel of Knik Arm.
        (f) A person operating in VFR conditions, at or below 600 feet MSL, 
    north of a line beginning at the intersection of Farrell Road and the 
    long. 149 deg.43'08''W.; thence west along Farrell Road to the east end 
    of Sixmile Lake; thence west along a line bearing on the middle of Lake 
    Lorraine to the northwest bank of Knik Arm; is not required to 
    establish two-way radio communications with ATC.
        10. Section 93.67 is revised to read as follows:
    
    
    Sec. 93.67  General rules: Bryant segment.
    
        (a) Each person operating an airplane to or from the Bryant Airport 
    shall
    
    [[Page 14978]]
    
    conform to the flow of traffic shown on the appropriate aeronautical 
    charts, and while in the traffic pattern, shall operate that airplane 
    at an altitude of at least 1,000 feet MSL until maneuvering for a safe 
    landing requires further descent.
        (b) Each person operating an aircraft within the Bryant segment 
    should self-announce intentions on the Bryant Airport CTAF.
        11. Section 93.68 is added to read as follows:
    
    
    Sec. 93.68  General rules: Seward Highway segment.
    
        (a) Each person operating an airplane in the Seward Highway segment 
    shall operate that airplane at an altitude of at least 1,000 feet MSL 
    unless maneuvering for a safe landing requires further descent.
        (b) Each person operating an aircraft at or below 1,200 feet MSL 
    that will transition to or from the Lake Hood or Merrill segment shall 
    contact the appropriate ATCT prior to entering the Seward Highway 
    segment. All other persons operating an airplane at or below 1,200 feet 
    MSL in this segment shall contact Anchorage Approach Control.
        (c) At all times, each person operating an aircraft above 1,200 MSL 
    shall contact Anchorage Approach Control prior to entering the Seward 
    Highway segment.
        12. Section 93.69 is revised to read as follows:
    
    
    Sec. 93.69  Special requirements, Lake Campbell and Sixmile Lake 
    Airports.
    
        Each person operating an aircraft to or from Lake Campbell or 
    Sixmile Lake Airport shall conform to the flow of traffic for the Lake 
    operations that are depicted on the appropriate aeronautical charts.
    
    Appendix A--[Removed]
    
        13. Appendix A, of part 93 is removed.
    
        Issued in Washington, DC on March 24, 1999.
    Jane F. Garvey,
    Administrator.
    [FR Doc. 99-7625 Filed 3-26-99; 8:45 am]
    BILLING CODE 4910-13-M
    
    
    

Document Information

Published:
03/29/1999
Department:
Federal Aviation Administration
Entry Type:
Rule
Action:
Final rule.
Document Number:
99-7625
Dates:
0901 UTC, June 17, 1999.
Pages:
14972-14978 (7 pages)
Docket Numbers:
Docket No. 29029, Amendment No. 93-77
RINs:
2120-AG45: Part 93 Subpart D--Anchorage, Alaska, Terminal Area
RIN Links:
https://www.federalregister.gov/regulations/2120-AG45/part-93-subpart-d-anchorage-alaska-terminal-area
PDF File:
99-7625.pdf
CFR: (13)
14 CFR 93.67(b)
14 CFR 93.57(d)
14 CFR 93.51
14 CFR 93.53
14 CFR 93.55
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