[Federal Register Volume 76, Number 209 (Friday, October 28, 2011)]
[Rules and Regulations]
[Page 66854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-27806]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2011-0759; Airspace Docket No. 11-AAL-12]


Amendment of Class E Airspace; Nuiqsut, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action revises Class E airspace at Nuiqsut, AK, to 
accommodate the amendment of two standard instrument approach 
procedures at the Nuiqsut Airport. The FAA is taking this action to 
enhance safety and management of Instrument Flight Rules (IFR) 
operations at the Nuiqsut Airport. The action also adjusts the 
coordinates for the Nuiqsut Airport.

DATES: Effective 0901 UTC, December 15, 2011. 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: Martha Dunn, AAL-538G, Federal 
Aviation Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 
99513-7587; telephone number: (907) 271-5898; fax: (907) 271-2850; 
email: [email protected]. Internet address: http://www.faa.gov/about/office_org/headquarters_offices/ato/service_units/systemops/fs/alaskan/rulemaking/.

SUPPLEMENTARY INFORMATION: 

History

    On Wednesday, August 10, 2011, the FAA published a notice of 
proposed rulemaking (NPRM) in the Federal Register to revise Class E 
airspace at Nuiqsut, AK (76 FR 49386).
    Interested parties were invited to participate in this rulemaking 
proceeding by submitting written comments on the proposal to the FAA. 
No comments were received, but the FAA determined that the 1200 ft 
transition airspace overlies Control 1485L and that airspace should 
have been excluded from the rule. This action corrects that error. The 
FAA also noted that the coordinates published for the Nuiqsut Airport 
were outdated and they are corrected in this action.
    Class E5 airspace designated as 700 and 1200 foot transition areas 
are published in FAA Order 7400.9V, Airspace Designations and Reporting 
Points, signed September 9, 2011, and effective September 15, 2011 
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. With the exception of editorial changes, this rule is the 
same as that proposed in the NPRM.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR) 
part 71 by revising Class E airspace at the Nuiqsut Airport, Nuiqsut, 
AK, to accommodate the amendment of a two standard instrument approach 
procedures. The Class E airspace provides adequate controlled airspace 
extending upward from 700 and 1,200 feet above the surface is necessary 
for the safety and management of IFR operations at the airport. The 
action also revises the geographic coordinates for the Nuiqsut Airport 
to be in concert with the FAA's aeronautical database.
    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 Nuiqsut 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

    In consideration of the foregoing, the Federal Aviation 
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND 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 7400.9V, Airspace Designations and Reporting 
Points, signed September 9, 2011, and effective September 15, 2011, 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 Nuiqsut AK [Revised]

Nuiqsut Airport, AK
(Lat. 70[deg]12'35'' N., long. 151[deg]00'23'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.4-mile radius of the Nuiqsut Airport, AK and that 
airspace extending upward from 1,200 feet above the surface within a 
73-mile radius of the Nuiqsut Airport, AK, excluding that airspace 
which overlies Control 1485L.

    Issued in Anchorage, AK, on October 14, 2011.
Marshall G. Severson,
Acting Manager, Alaska Flight Services.
[FR Doc. 2011-27806 Filed 10-27-11; 8:45 am]
BILLING CODE 4910-13-P