[Federal Register Volume 74, Number 240 (Wednesday, December 16, 2009)]
[Proposed Rules]
[Pages 66593-66594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29839]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-0142; Airspace Docket No. 09-AAL-2]


Proposed Establishment of Class E Airspace; Shaktoolik, 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 at 
Shaktoolik, AK. New Area Navigation (RNAV) Standard Instrument Approach 
Procedures (SIAPs), and an Obstacle Departure Procedure (ODP) at 
Shaktoolik Airport have made this action necessary to enhance safety 
and management of Instrument Flight Rules (IFR) operations.

DATES: Comments must be received on or before February 1, 2010.

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-2009-0142/Airspace Docket 
No. 09-AAL-2, 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 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-2009-0142/
Airspace Docket No. 09-AAL-2.'' 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 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 NPRM's 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

    This action proposes to amend Title 14 Code of Federal Regulations 
(14 CFR) part 71 by establishing Class E airspace at Shaktoolik 
Airport, AK, to accommodate new RNAV SIAPs at Shaktoolik Airport. This 
Class E airspace would provide adequate controlled airspace upward from 
700 and 1,200 feet above the surface, for the safety and management of 
IFR operations at Shaktoolik Airport.
    The Class E airspace areas designated as 700/1200 foot transition 
areas are published in paragraph 6005 in FAA Order 7400.9T, Airspace 
Designations and Reporting Points, signed August 27, 2009, and 
effective September 15, 2009, 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

[[Page 66594]]

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. 
Because 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 Shaktoolik Airport, 
Shaktoolik, 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; AIR TRAFFIC SERVICE 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 7400.9T, Airspace Designations and 
Reporting Points, signed August 27, 2009, and effective September 15, 
2009, 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 Shaktoolik, AK [New]

Shaktoolik Airport, AK
    (Lat. 64[deg]22'16'' N., long. 161[deg]13'26'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.4-mile radius of the Shaktoolik Airport, AK; and that 
airspace extending upward from 1,200 feet above the surface within a 
73-mile radius of the Shaktoolik Airport, AK.
* * * * *

    Issued in Anchorage, AK, on December 3, 2009.
Michael A. Tarr,
Acting Manager, Alaska Flight Services Information Area Group.
[FR Doc. E9-29839 Filed 12-15-09; 8:45 am]
BILLING CODE 4910-13-P