# [Amended]
**AGENCY:**
Federal Aviation Administration (FAA), DOT.
**ACTION:**
Final rule.
**SUMMARY:**
This action establishes Class E airspace extending upward from 700 feet above the surface at Birch Creek Airport, Birch Creek, Alaska (AK). This action supports the safety and management of instrument flight rules (IFR) operations at the airport.
**DATES:**
Effective date 0901 UTC, May 14, 2026. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order JO 7400.11 and publication of conforming amendments.
**ADDRESSES:**
A copy of the notice of proposed rulemaking (NPRM), all comments received, this final rule, and all background material may be viewed online at *www.regulations.gov* using the FAA Docket number. Electronic retrieval help and guidelines are available on the website. It is available 24 hours each day, 365 days each year. An electronic copy of this document may also be downloaded from *www.federalregister.gov.*
FAA Order JO 7400.11K, Airspace Designations and Reporting Points, and subsequent amendments can be viewed online at *www.faa.gov/air_traffic/publications/.* You may also contact the Rules and Regulations Group, Policy Directorate, Federal Aviation Administration, 600 Independence Avenue SW, Washington, DC 20597; telephone: (202) 267-8783.
**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 establishes Class E airspace to support IFR operations at Birch Creek Airport, Birch Creek, AK.
**History**
The FAA published an NPRM for Docket No. FAA-2025-5140 in the *Federal Register* (91 FR 2515; January 21, 2026), proposing to establish a Class E airspace area at Birch Creek Airport, Birch Creek, AK. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received.
**Incorporation by Reference**
Class E5 airspace areas 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 amends the current version of that order, FAA Order JO 7400.11K, dated August 4, 2025, and effective September 15, 2025. These amendments will 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 Rule**
This action amends 14 CFR part 71 by establishing a 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 in support of passenger shuttle, medevac, and cargo aircraft.
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 extending upward from 700 feet above the surface is established to contain departing IFR aircraft until reaching 1,200 feet above the surface. A 6.4-mile radius also provides containment of arriving IFR operations below 1,500 feet above the surface when executing either of the private-use special instrument approach procedures.
**Regulatory Notices and Analyses**
The FAA has determined that this 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 only affects air traffic procedures and air navigation, it is certified that this rule, when promulgated, does not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.
**Environmental Review**
The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with FAA Order 1050.1G, “FAA National Environmental Policy Act Implementing Procedures,” Appendix B, paragraph B-2.5. This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exist that warrant preparation of an environmental assessment.
**Lists of Subjects in 14 CFR Part 71**
Airspace, Incorporation by reference, Navigation (air).
**The Amendment**
In consideration of the foregoing, the Federal Aviation Administration amends 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**
**14 CFR Part 71**
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.
§ 71.1
**14 CFR Part 71**
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, is 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°16′28″ N, long. 145°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 March 17, 2026.
B.G. Chew,
Group Manager, Operations Support Group, Western Service Center.