
[Federal Register: November 10, 2008 (Volume 73, Number 218)]
[Rules and Regulations]               
[Page 66515-66516]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10no08-7]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-0005; Airspace Docket No. 08-AAL-1]

 
Revision of Class E Airspace; Ruby, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action revises Class E airspace at Ruby, AK to provide 
adequate controlled airspace to contain aircraft executing Standard 
Instrument Approach Procedures (SIAPs). One SIAP is being amended for 
the Ruby Airport. This action revises existing Class E airspace upward 
from 700 feet (ft.) and 1,200 ft. above the surface at Ruby Airport, 
Ruby, 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 Tuesday September 2, 2008, the FAA proposed to amend part 71 of 
the Federal Aviation Regulations (14 CFR

[[Page 66516]]

part 71) to revise Class E airspace upward from 700 ft. above the 
surface and from 1,200 ft. above the surface at Ruby, AK (73 FR 51254). 
The action was proposed in order to create Class E airspace sufficient 
in size to contain aircraft while executing instrument procedures for 
the Ruby Airport. Class E controlled airspace extending upward from 700 
ft. and 1,200 ft. above the surface in the Ruby Airport area is revised 
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 revises Class E airspace at the 
Ruby Airport, Alaska. This Class E airspace is revised to accommodate 
aircraft executing amended 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 Instrument Flight 
Rules (IFR) operations at the Ruby Airport, Ruby, 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 Ruby 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 Ruby, AK [Revised]

Ruby, Ruby Airport, AK
    (Lat. 64[deg]43'38'' N., long. 155[deg]28'11'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.4-mile radius of the Ruby Airport, AK, and 8 miles either 
side of the 051[deg] bearing from the Ruby Airport, AK, extending 
from the 6.4-mile radius to 20.3 miles northeast of the Ruby 
Airport, AK; and that airspace extending upward from 1,200 feet 
above the surface within a 70-mile radius of the Ruby Airport, AK.
* * * * *

    Issued in Anchorage, AK, on October 27, 2008.
Anthony M. Wylie,
Manager, Alaska Flight Services Information Area Group.
[FR Doc. E8-26651 Filed 11-7-08; 8:45 am]

BILLING CODE 4910-13-P
