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CFR Citation: 14 CFR Part 71

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

NOTICE: RULES

ACTION: Establishment of Class E Airspace:

DOCUMENT ACTION: Final rule.

SUBJECT CATEGORY: Establishment of Class E Airspace; 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.

DOCUMENT 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.

SUMMARY: Napakiak, AK,

SUPPLEMENTAL INFORMATION

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
In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows:
PART 71DESIGNATION 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, 19591963 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, 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.
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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 6.3mile radius of the Napakiak Airport, AK; and that airspace extending upward from 1,200 feet above the surface within a 84mile 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. E827547 Filed 111908; 8:45 am]
BILLING CODE 491013P

FOR FURTHER INFORMATION CONTACT Gary Rolf, AAL-538G, Federal Aviation Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 995137587; telephone number (907) 2715898; fax: (907) 2712850; email: gary.ctr.rolf@faa.gov. Internet address: http://www.faa.gov/about/ office_org/headquarters_offices/ato/service_units/systemops/fs/ alaskan/rulemaking/.