
[Federal Register: July 25, 2008 (Volume 73, Number 144)]
[Rules and Regulations]               
[Page 43353-43354]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25jy08-8]                         

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-0452; Airspace Docket No. 08-AAL-11]

 
Revision of Class E Airspace; Kivalina, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This action revises Class E airspace at Kivalina, AK, to 
provide

[[Page 43354]]

adequate controlled airspace to contain aircraft executing Standard 
Instrument Approach Procedures (SIAPs) and Obstacle Departure 
Procedures (ODPs). Two SIAPs are being amended for the Kivalina 
Airport. Additionally, one textual ODP is being developed. This action 
revises existing Class E airspace upward from 700 feet (ft.) and 1,200 
ft. above the surface at Kivalina Airport, Kivalina, AK.

DATES: Effective Date: 0901 UTC, September 25, 2008. 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: 
ary.ctr.rolf@faa.gov. Internet address: http://www.alaska.faa.gov/at.

SUPPLEMENTARY INFORMATION:

History

    On Thursday May 29, 2008, the FAA proposed to amend part 71 of the 
Federal Aviation Regulations (14 CFR part 71) to revise Class E 
airspace upward from 700 ft. above the surface and from 1,200 ft. above 
the surface at Kivalina, AK (73 FR 30827). The action was proposed in 
order to create Class E airspace sufficient in size to contain aircraft 
while executing instrument procedures for the Kivalina Airport. Class E 
controlled airspace extending upward from 700 ft. and 1,200 ft. above 
the surface in the Kivalina 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 
7400.9R, Airspace Designations and Reporting Points, signed August 15, 
2007, and effective September 15, 2007, 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 
Kivalina Airport, Alaska. This Class E airspace is revised to 
accommodate aircraft executing new and 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 Kivalina Airport, 
Kivalina, 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 Kivalina 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 7400.9R, Airspace Designations and Reporting 
Points, signed August 15, 2007, and effective September 15, 2007, 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 Kivalina, AK [Revised]

Kivalina, Kivalina Airport, AK
    (Lat. 67[deg]44'10'' N., long. 164[deg]33'49'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.5-mile radius of the Kivalina Airport, AK, and 3.9 miles 
either side of the 317[deg] bearing from the Kivalina Airport, AK, 
extending from the 6.5-mile radius to 11.1 miles northwest of the 
Kivalina Airport, AK; and that airspace extending upward from 1,200 
feet above the surface within a 73-mile radius of the Kivalina 
Airport, AK.
* * * * *

    Issued in Anchorage, AK, on July 17, 2008.
Anthony M. Wylie,
Manager, Alaska Flight Services Information Area Group.
 [FR Doc. E8-16977 Filed 7-24-08; 8:45 am]

BILLING CODE 4910-13-P
