[Federal Register Volume 74, Number 165 (Thursday, August 27, 2009)]
[Proposed Rules]
[Pages 43647-43649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20727]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-0200; Airspace Docket No. 09-AAL-5]


Proposed Establishment of Class E Airspace; Elim, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This action proposes to establish Class E airspace at the Elim 
Airport at Elim, AK. Two Standard Instrument Approach Procedures 
(SIAPs) are being developed for the Elim Airport at Elim, AK. 
Additionally, one textual Obstacle Departure Procedure (ODP) and a 
Standard Instrument Departure Procedure (SID) are being developed. 
Adoption of this proposal would result in establishing Class E airspace 
upward from 700 feet (ft.) and 1,200 ft. above the surface at the Elim 
Airport at Elim, AK.

DATES: Comments must be received on or before October 13, 2009.

ADDRESSES: Send comments on the proposal to the Docket Management 
Facility, U.S. Department of Transportation, 1200 New Jersey Avenue, 
SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-
0001. You must identify the docket number FAA-2009-0200/Airspace Docket 
No. 09-AAL-5, at the beginning of your comments. You may also submit 
comments on the Internet at http://www.regulations.gov. You may review 
the public docket containing the proposal, any comments received, and 
any final disposition in person in the Dockets Office between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays. The Docket 
Office (telephone 1-800-647-5527) is on the plaza level of the 
Department of

[[Page 43648]]

Transportation NASSIF Building at the above address.
    An informal docket may also be examined during normal business 
hours at the office of the Manager, Safety, Alaska Flight Service 
Operations, Federal Aviation Administration, 222 West 7th Avenue, Box 
14, Anchorage, AK 99513-7587.

FOR FURTHER INFORMATION CONTACT: Gary Rolf, 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.faa.gov/about/office_org/headquarters_offices/ato/service_units/systemops/fs/alaskan/rulemaking/.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed 
rulemaking by submitting such written data, views, or arguments as they 
may desire. Comments that provide the factual basis supporting the 
views and suggestions presented are particularly helpful in developing 
reasoned regulatory decisions on the proposal. Comments are 
specifically invited on the overall regulatory, aeronautical, economic, 
environmental, and energy-related aspects of the proposal. 
Communications should identify both docket numbers and be submitted in 
triplicate to the address listed above. Commenters wishing the FAA to 
acknowledge receipt of their comments on this notice must submit with 
those comments a self-addressed, stamped postcard on which the 
following statement is made: ``Comments to Docket No. FAA-2009-0200/
Airspace Docket No. 09-AAL-5.'' The postcard will be date/time stamped 
and returned to the commenter.
    All communications received on or before the specified closing date 
for comments will be considered before taking action on the proposed 
rule. The proposal contained in this notice may be changed in light of 
comments received. All comments submitted will be available for 
examination in the public docket both before and after the closing date 
for comments. A report summarizing each substantive public contact with 
FAA personnel concerned with this rulemaking will be filed in the 
docket.

Availability of Notice of Proposed Rulemakings (NPRMs)

    An electronic copy of this document may be downloaded through the 
Internet at http://www.regulations.gov. Recently published rulemaking 
documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    Additionally, any person may obtain a copy of this notice by 
submitting a request to the Federal Aviation Administration, Office of 
Air Traffic Airspace Management, ATA-400, 800 Independence Avenue, SW., 
Washington, DC 20591 or by calling (202) 267-8783. Communications must 
identify both docket numbers for this notice. Persons interested in 
being placed on a mailing list for future NPRMs should contact the 
FAA's Office of Rulemaking, (202) 267-9677, to request a copy of 
Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution 
System, which describes the application procedure.

The Proposal

    The FAA is considering an amendment to Title 14 Code of Federal 
Regulations (14 CFR) part 71, which would establish Class E airspace at 
the Elim Airport, Elim, AK. The intended effect of this proposal is to 
establish Class E airspace upward from 700 ft. and 1,200 ft. above the 
surface to contain Instrument Flight Rules (IFR) operations at the Elim 
Airport, Elim, AK.
    The FAA Instrument Flight Procedures Production and Maintenance 
Branch has created two new SIAPs for the Elim Airport, one textual ODP 
and one SID. The SIAPs are (1) the Area Navigation (RNAV) Global 
Positioning System (GPS) Runway (RWY) 01, Original and (2) the RNAV 
(GPS) RWY 19, Original. The SID is the ELIM ONE RNAV Sid. Textual ODPs 
are unnamed and are published in the front of the U.S. Terminal 
Procedures for Alaska. Class E controlled airspace extending upward 
from 700 ft. and 1,200 ft. above the surface in the Elim Airport area 
would be established by this action. The proposed airspace is 
sufficient in size to contain aircraft executing the instrument 
procedures at the Elim Airport, Elim, AK.
    The Class E airspace areas designated as 700/1200 foot transition 
areas are published in paragraph 6005 in FAA Order 7400.9S, Airspace 
Designations and Reporting Points, signed October 3, 2008, and 
effective October 31, 2008, which is incorporated by reference in 14 
CFR 71.1. The Class E airspace designations listed in this document 
would be subsequently published in the Order.
    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 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.
    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 proposes to establish Class E airspace at Elim Airport, Elim, AK, 
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).

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, CLASS B, CLASS C, CLASS D, AND 
CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS

    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]

    2. The incorporation by reference in 14 CFR 71.1 of Federal 
Aviation Administration Order 7400.9S, Airspace Designations and 
Reporting Points,

[[Page 43649]]

signed October 3, 2008, and effective October 31, 2008, is to be 
amended as follows:
* * * * *

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

* * * * *

AAL AK E5 Elim, AK [New]

Elim Airport, Elim, AK
    (Lat. 64[deg]36'54'' N., Long. 162[deg]16'14'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.8-mile radius of the Elim Airport, AK, and within 3.7 
miles either side of the 015[deg] bearing from the Elim Airport, AK, 
extending from the 6.8-mile radius to 12.6 miles north of the Elim 
Airport, AK; and that airspace extending upward from 1,200 feet 
above the surface within a 74-mile radius of the Elim Airport, AK.
* * * * *

    Issued in Anchorage, AK, on August 20, 2009.
Anthony M. Wylie,
Manager, Alaska Flight Services Information Area Group.
[FR Doc. E9-20727 Filed 8-26-09; 8:45 am]
BILLING CODE 4910-13-P