[Federal Register Volume 72, Number 25 (Wednesday, February 7, 2007)]
[Rules and Regulations]
[Pages 5611-5612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-1884]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2006-26164; Airspace Docket No. 06-AAL-34]


Revocation of Class E Airspace; Adak, Atka, Cold Bay, King Cove, 
Nelson Lagoon, Saint George Island, Sand Point, Shemya, St. Paul 
Island, and Unalaska, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action revokes the Class E2 and E5 controlled airspace 
descriptions for Adak, Atka, Cold Bay, King Cove, Nelson Lagoon, Saint 
George Island, Sand Point, Shemya, St. Paul Island, and Unalaska, AK. 
These airports lie within the boundaries of the Offshore Airspace Area 
Control 1234L. Since these airports lay within Control 1234L, the 
controlled airspace associated with these airports should be listed in 
the Control 1234L area description. A concurrent airspace action 
(docket 06-AAL-29) will incorporate this controlled airspace. 
There is one exception. The Class E2 surface area at Shemya, AK is no 
longer necessary and the docket 06-AAL-29 will not be carrying 
it forward. There will be no change to controlled airspace along the 
Aleutian Chain, except for the revocation of the Shemya Class E surface 
area. The controlled airspace descriptions will be listed in paragraph 
6007 of FAA Order 7400.9P, Airspace Designations and Reporting Points, 
Control 1234L. This rule results in the revocation of Class E airspace 
descriptions for these airfields located in FAA Order 7400.0P.

EFFECTIVE DATE: 0901 UTC, May 10, 2007. The Director of the Federal 
Register approves this incorporation by reference action under title 1, 
Code of Federal Regulations, part 51, subject to the annual revision of 
FAA Order 7400.9 and publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Gary Rolf, AAL-538G, Federal Aviation 
Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513-7587; 
telephone number (907) 271-5898; fax: (907) 271-2850; e-mail: 
[email protected]. Internet address: http://www.alaska.faa.gov/at.

SUPPLEMENTARY INFORMATION:

History

    On Tuesday, November 28, 2006, the FAA proposed to amend part 71 of 
the Federal Aviation Regulations (14 CFR part 71) to revoke Class E 
airspace located west of Longitude 160[deg] W, along the Aleutian 
Chain, AK (71 FR 68772). The action was proposed in order to correctly 
locate these controlled airspace descriptions listed in FAA Order 
7400.9P and to remove unnecessary controlled airspace no longer needed. 
Any airspace along the Aleutian Island Chain to the west of 160[deg] 
West Longitude must be defined in the Offshore Airspace Area named 
Control 1234L, even if the airspace is within 12 miles of the 
shoreline. The airspace around King Cove, AK was inadvertently left out 
of the Notice of Proposed Rulemaking (NPRM). There is no reason to 
continue the public comment period because the NPRM clearly described 
the intent to relocate any controlled airspace west of 160[deg] West 
Longitude. The controlled airspace description associated with King 
Cove, AK will be revoked and located the Control 1234L Offshore 
Airspace description. The Offshore Airspace action associated with this 
rule is taking place concurrently in a separate airspace rule (06-AAL-
29).
    Interested parties were invited to participate in this rulemaking 
proceeding by submitting written comments on the proposal to the FAA. 
No public comments have been received; thus the rule is adopted as 
proposed.
    The area will 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 surface 
areas are published in paragraph 6002 and 6004 of FAA Order 7400.9P, 
Airspace Designations and Reporting Points, dated September 1, 2006, 
and effective September 15, 2006, which is incorporated by reference in 
14 CFR 71.1. The Class E airspace areas designated as 700/1,200 ft. 
transition areas are published in paragraph 6005 of FAA Order 7400.9P, 
Airspace Designations and Reporting Points, dated September 1, 2006, 
and effective September 15, 2006, which is incorporated by reference in 
14 CFR 71.1. The Class E airspace designation listed in this document 
will be published subsequently in the Order.

The Rule

    This amendment to 14 CFR part 71 revokes Class E2 and E5 airspace 
along the Aleutian Chain, Alaska to the west of 160[deg] West 
Longitude. This Class E controlled airspace is revoked to allow it to 
be correctly listed in the Offshore Airspace description located in FAA 
Order 7400.9P. The intended effect of this rule is to allow the 
controlled airspace descriptions to be correctly located in FAA Order 
7400.9P.
    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 
will only affect air traffic procedures and air navigation, it is 
certified that this rule 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,

[[Page 5612]]

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 allows this controlled airspace to be located in the appropriate 
section of FAA 7400.9P 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).

Adoption of the Amendment

0
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

0
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]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation 
Administration Order 7400.9P, Airspace Designations and Reporting 
Points, dated September 1, 2006, and effective September 15, 2006, is 
amended as follows:
* * * * *

Paragraph 6002 Class E Airspace Designated as Surface Areas.

* * * * *

AAL AK E2 Shemya, AK [Revoked]

* * * * *

AAL AK E2 Cold Bay, AK [Revoked]

* * * * *

Paragraph 6005 Class E Airspace Areas Extending Upward from 700 
Feet or More Above the Surface of the Earth.

* * * * *

AAL AK E5 Adak, AK [Revoked]

* * * * *

AAL AK E5 Atka, AK [Revoked]

* * * * *

AAL AK E5 Cold Bay, AK [Revoked]

* * * * *

AAL AK E5 King Cove, AK [Revoked]

* * * * *

AAL AK E5 Nelson Lagoon, AK [Revoked]

* * * * *

AAL AK E5 Saint George Island, AK [Revoked]

* * * * *

AAL AK E5 Sand Point, AK [Revoked]

* * * * *

AAL AK E5 Shemya, AK [Revoked]

* * * * *

AAL AK E5 St. Paul Island, AK [Revoked]

* * * * *

AAL AK E5 Unalaska, AK [Revoked]

* * * * *

    Issued in Anchorage, AK, on January 30, 2007.
Anthony M. Wylie,
Manager, Alaska Flight Services Information Area Group.
[FR Doc. E7-1884 Filed 2-6-07; 8:45 am]
BILLING CODE 4910-13-P