[Federal Register: November 20, 2008 (Volume 73, Number 225)]
[Rules and Regulations]               
[Page 70271-70272]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20no08-9]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-0454; Airspace Docket No. 08-AAL-13]

 
Establishment of Class E Airspace; Napakiak, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class E airspace at Napakiak, AK to 
provide adequate controlled airspace to contain aircraft executing 
Standard Instrument Approach Procedures (SIAPs). Two SIAPs are being 
developed for the Napakiak Airport. This action establishes Class E 
airspace upward from 700 feet (ft.) and 1,200 ft. above the surface at 
Napakiak Airport, Napakiak, AK.

DATES: Effective Date: 0901 UTC, January 15, 2009. 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: 
gary.ctr.rolf@faa.gov. Internet address: http://www.faa.gov/about/
office_org/headquarters_offices/ato/service_units/systemops/fs/
alaskan/rulemaking/.

SUPPLEMENTARY INFORMATION: 

History

    On Thursday September 18, 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 and from 1,200 ft. 
above the surface at Napakiak, AK (73 FR 54092). The action was 
proposed in order to create Class E airspace sufficient in size to 
contain aircraft while executing instrument procedures for the Napakiak 
Airport. Class E controlled airspace extending upward from 700 ft. and 
1,200 ft. above the surface in the Napakiak Airport area is created 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 
7400.9S, 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 will be published subsequently in the Order.

The Rule

    This amendment to 14 CFR part 71 establishes Class E airspace at 
the Napakiak Airport, Alaska. This Class E airspace is created to 
accommodate aircraft executing new 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

[[Page 70272]]

Instrument Flight Rules (IFR) operations at the Napakiak Airport, 
Napakiak, 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 Napakiak 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 7400.9S, Airspace Designations and Reporting 
Points, signed October 3, 2008, and effective October 31, 2008, 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 Napakiak, AK [New]

Napakiak, Napakiak Airport, AK
    (Lat. 62[deg]41'25'' N., long. 161[deg]58'43'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.3-mile radius of the Napakiak Airport, AK; and that 
airspace extending upward from 1,200 feet above the surface within a 
84-mile radius of the Napakiak Airport, AK.
* * * * *

    Issued in Anchorage, AK, November 7, 2008.
Anthony M. Wylie,
Manager, Alaska Flight Services Information Area Group.
 [FR Doc. E8-27547 Filed 11-19-08; 8:45 am]

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