Proposed Rule2026-01098
Establishment of Class E Airspace; Birch Creek Airport, Birch Creek, AK
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 21, 2026
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
This action proposes to establish Class E airspace extending upward from 700 feet above the surface at Birch Creek Airport, Birch Creek, AK. This action would support the safety and management of instrument flight rules (IFR) operations at the airport.
Full Text
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<title>Federal Register, Volume 91 Issue 13 (Wednesday, January 21, 2026)</title>
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[Federal Register Volume 91, Number 13 (Wednesday, January 21, 2026)]
[Proposed Rules]
[Pages 2515-2516]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-01098]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2025-5140; Airspace Docket No. 25-AAL-171]
RIN 2120-AA66
Establishment of Class E Airspace; Birch Creek Airport, Birch
Creek, AK
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This action proposes to establish Class E airspace extending
upward from 700 feet above the surface at Birch Creek Airport, Birch
Creek, AK. This action would support the safety and management of
instrument flight rules (IFR) operations at the airport.
DATES: Comments must be received on or before March 9, 2026.
ADDRESSES: Send comments identified by FAA Docket No. FAA-2025-5140 and
Airspace Docket No. 25-AAL-171 using any of the following methods:
* Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">www.regulations.gov</a> and follow
the online instructions for sending your comments electronically.
* Mail: Send comments to Docket Operations, M-30; U.S. Department
of Transportation, 1200 New Jersey Avenue SE, Room W12-140, West
Building Ground Floor, Washington, DC 20590-0001.
* Hand Delivery or Courier: Take comments to Docket Operations in
Room W12-140 of the West Building Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
* Fax: Fax comments to Docket Operations at (202) 493-2251.
Docket: Background documents or comments received may be read at
<a href="http://www.regulations.gov">www.regulations.gov</a> at any time. Follow the online instructions for
accessing the docket or go to the Docket Operations in Room W12-140 of
the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
FAA Order JO 7400.11K, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at <a href="http://www.faa.gov/air_traffic/publications/">www.faa.gov/air_traffic/publications/</a>.
FOR FURTHER INFORMATION CONTACT: Bryantjay T. Toves, Federal Aviation
Administration, Western Service Center, Operations Support Group, 2200
S 216th Street, Des Moines, WA 98198; telephone (206) 231-3465.
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
the 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 establish Class E airspace to support IFR
operations at Birch Creek Airport, Birch Creek, AK.
Comments Invited
The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal. The most
helpful comments reference a specific portion of the proposal, explain
the reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should submit only one time if comments are filed electronically, or
commenters should send only one copy of written comments if comments
are filed in writing.
The FAA will file in the docket all comments it receives, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this proposed rulemaking. Before acting on this
proposal, the FAA will consider all comments it receives on or before
the closing date for comments. The FAA will consider comments filed
after the comment period has closed if it is possible to do so without
incurring expense or delay. The FAA may change this proposal in light
of the comments it receives.
Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to <a href="http://www.regulations.gov">www.regulations.gov</a>, as described in the system
of records notice (DOT/ALL-
[[Page 2516]]
14 FDMS), which can be reviewed at <a href="http://www.dot.gov/privacy">www.dot.gov/privacy</a>.
Availability of Rulemaking Documents
An electronic copy of this document may be downloaded through the
internet at <a href="http://www.regulations.gov">www.regulations.gov</a>. Recently published rulemaking
documents can also be accessed through the FAA's web page at
<a href="http://www.faa.gov/air_traffic/publications/airspace_amendments/">www.faa.gov/air_traffic/publications/airspace_amendments/</a>.
You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Operations office (see ADDRESSES section for address, phone number, and
hours of operations). 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 Street, Des
Moines, WA 98198.
Incorporation by Reference
Class E5 airspace area designations are published in paragraph 6005
of FAA Order JO 7400.11, Airspace Designations and Reporting Points,
which is incorporated by reference in 14 CFR 71.1 on an annual basis.
This document proposes to amend the current version of that order, FAA
Order JO 7400.11K, dated August 4, 2025, and effective September 15,
2025. These amendments would be published in the next update to FAA
Order JO 7400.11. FAA Order JO 7400.11K, which lists Class A, B, C, D,
and E airspace areas, air traffic service routes, and reporting points,
is publicly available as listed in the ADDRESSES section of this
document.
The Proposal
The FAA is proposing an amendment to 14 CFR part 71 that would
establish Class E airspace area extending upward from 700 feet above
the surface at Birch Creek Airport, Birch Creek, AK, to contain two
private-use special instrument approach procedures that would support
passenger shuttle, medevac, and cargo.
Birch Creek Airport does not have published departure procedures;
instead, it allows for diverse departures. To accommodate this, a 6.4-
mile radius of Class E airspace area extending upward from 700 feet
above the surface should be established to contain departing IFR
aircraft until reaching 1,200 feet above the surface. A 6.4-mile radius
would also provide containment of arriving IFR operations below 1,500
feet above the surface when executing either of the private--use
special instrument approach procedures. Further airspace is not
necessary, as higher altitude containment is provided by the Fairbanks
International Airport Class E5 airspace area, Fort Yukon Airport Class
E5 airspace area, and the Venetie Airport Class E5 airspace area, which
all extend upward from 1,200 feet above the surface.
Regulatory Notices and Analyses
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 proposed 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.
Environmental Review
This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1G, FAA National Environmental Policy
Act Implementing 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
In consideration of the foregoing, 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
0
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.
Sec. 71.1 [Amended]
0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11K, Airspace Designations and Reporting Points, dated August 4,
2025, and effective September 15, 2025, would be amended as follows:
Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.
* * * * *
ANM AK E5 Birch Creek, AK [New]
Birch Creek Airport, AK
(Lat. 66[deg]16'28'' N, long. 145[deg]49'06'' W)
That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of the airport.
* * * * *
Issued in Des Moines, Washington, on January 16, 2026.
B.G. Chew,
Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2026-01098 Filed 1-20-26; 8:45 am]
BILLING CODE 4910-13-P
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</html>Indexed from Federal Register on January 21, 2026.
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