[Federal Register Volume 73, Number 144 (Friday, July 25, 2008)]
[Rules and Regulations]
[Page 43349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-16974]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-0447; Airspace Docket No. 08-AAL-8]


Establishment of Class E Airspace; Eek, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class E airspace at Eek, AK to provide 
adequate controlled airspace to contain aircraft executing Standard 
Instrument Approach Procedures (SIAPs) and Obstacle Departure 
Procedures (ODPs). Two SIAPs and a textual ODP are being developed for 
the Eek Airport at Eek Alaska. This action establishes Class E airspace 
upward from 700 feet (ft.) above the surface at the Eek Airport, Eek, 
AK.

DATES: Effective Date: 0901 UTC, September 25, 2008. 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 Thursday, May 29, 2008, the FAA proposed to amend part 71 of the 
Federal Aviation Regulations (14 CFR part 71) to establish Class E 
airspace upward from 700 ft. above the surface at Eek, AK (73 FR 
30822). The action was proposed in order to create Class E airspace 
sufficient in size to contain aircraft while executing instrument 
procedures for the Eek Airport. Class E controlled airspace extending 
upward from 700 ft. above the surface in the Eek Airport area is 
established by this action.
    Interested parties were invited to participate in this rulemaking 
proceeding by submitting written comments on the proposal to the FAA. 
No comments were received. 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 700/1,200 
ft. transition areas are published in paragraph 6005 of FAA Order 
7400.9R, Airspace Designations and Reporting Points, signed August 15, 
2007, and effective September 15, 2007, which is incorporated by 
reference in 14 CFR 71.1. The Class E airspace designations listed in 
this document will be published subsequently in the Order.

The Rule

    This amendment to 14 CFR part 71 establishes Class E airspace at 
the Eek Airport, Alaska. This Class E airspace is established to 
accommodate aircraft executing instrument procedures, and will be 
depicted on aeronautical charts for pilot reference. The intended 
effect of this rule is to provide adequate controlled airspace for 
Instrument Flight Rules (IFR) operations at the Eek Airport, Eek, 
Alaska.
    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, 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 creates Class E airspace sufficient in size to contain aircraft 
executing instrument procedures for the Eek 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).

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 7400.9R, Airspace Designations and Reporting 
Points, signed August 15, 2007, and effective September 15, 2007, is 
amended as follows:

Paragraph 6005 Class E Airspace extending upward from 700 feet or 
more above the surface of the earth.

* * * * *

AAL AK E5 Eek, AK [New]

Eek, Eek Airport, AK
    (Lat. 60[deg]13'07'' N., long. 162[deg]01'25'' W.)

    That airspace extending upward from 700 feet above the surface 
within an 8-mile radius of the Eek Airport, AK.
* * * * *

    Issued in Anchorage, AK, on July 17, 2008.
Anthony M. Wylie,
Manager, Alaska Flight Services Information Area Group.
 [FR Doc. E8-16974 Filed 7-24-08; 8:45 am]
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