[Federal Register Volume 74, Number 240 (Wednesday, December 16, 2009)]
[Rules and Regulations]
[Pages 66571-66572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29849]


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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]


Establishment of Class E Airspace; Elim, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class E airspace at Elim, AK, to 
accommodate new Area Navigation (RNAV) Standard Instrument Approach 
Procedures (SIAPs) at Elim Airport. The FAA is taking this action to 
enhance safety and management of Instrument Flight Rules (IFR) 
operations at Elim Airport.

DATES: Effective 0901 UTC, February 11, 2010. 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.faa.gov/about/office_org/headquarters_offices/ato/service_units/systemops/fs/alaskan/rulemaking/.

SUPPLEMENTARY INFORMATION: 

History

    On Thursday, August 27, 2009, the FAA published a notice of 
proposed rulemaking in the Federal Register to establish Class E 
airspace at Elim, AK (74 FR 43647).
    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 Class E airspace areas designated as 700/1,200 ft. transition 
areas are published in paragraph 6005 of 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 
will be published subsequently in the Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR) 
part 71 by establishing Class E airspace at Elim Airport, AK, to 
accommodate new RNAV SIAPs at Elim Airport. This Class E airspace will 
provide adequate controlled airspace upward from 700 and 1,200 feet 
above the surface, for safety and management of IFR operations at Elim 
Airport.
    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. Because 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 Elim 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; AIR TRAFFIC SERVICE 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 7400.9T, Airspace Designations and Reporting 
Points, signed August 27, 2009, and effective September 15, 2009, 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 Elim, AK [New]

Elim Airport, 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

[[Page 66572]]

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 December 3, 2009.
Michael A. Tarr,
Acting Manager, Alaska Flight Services Information Area Group.
[FR Doc. E9-29849 Filed 12-15-09; 8:45 am]
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