
[Federal Register: July 10, 2009 (Volume 74, Number 131)]
[Rules and Regulations]               
[Page 33143]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10jy09-3]                         

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-0002; Airspace Docket No. 09-AWP-1]

 
Establishment of Class E Airspace; Kona, HI

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action will establish Class E airspace at Kailua-Kona, 
HI. Additional controlled airspace is necessary to accommodate aircraft 
utilizing the Kona International Airport at Keahole, Kona, HI, when the 
Air Traffic Control Tower is non-operational. The FAA is taking this 
action to enhance the safety and management of aircraft operations at 
Kona International Airport at Keahole, Kona, HI.

DATES: Effective Date: 0901 UTC, October 22, 2009. The Director of the 
Federal Register approves this incorporation by reference action under 
1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and 
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Eldon Taylor, Federal Aviation 
Administration, Operations Support Group, Western Service Center, 1601 
Lind Avenue, SW., Renton, WA 98057; telephone (425) 203-4537.

SUPPLEMENTARY INFORMATION: 

History

    On March 12, 2009, the FAA published in the Federal Register a 
notice of proposed rulemaking to establish additional controlled 
airspace at Kona, HI (74 FR 10691). Interested parties were invited to 
participate in this rulemaking effort by submitting written comments on 
the proposal to the FAA. No comments were received.
    Class E airspace designations are published in paragraph 6005 of 
FAA Order 7400.9S signed October 3, 2008, and effective October 31, 
2008, which is incorporated by reference in 14 CFR part 71.1. The Class 
E airspace designations listed in this document will be published 
subsequently in that Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR) 
part 71 by establishing the Class E airspace at Kailua-Kona, HI. 
Additional controlled airspace designated as surface areas is necessary 
to accommodate aircraft operations at Kona International Airport at 
Keahole, Kona, HI, during specific dates and times established in 
advance by a Notice to Airmen, when the Air Traffic Control Tower is 
non-operational.
    The FAA has determined this regulation only involves an established 
body of technical regulations for which frequent and routine amendments 
are necessary to keep them operationally current. Therefore, this 
regulation: (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, when promulgated, 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 U.S. 
Code. Subtitle 1, Section 106 discusses 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 I, Section 40103. Under that section, the FAA is charged with 
prescribing regulations to assign the use of airspace necessary to 
ensure the safety of aircraft and the efficient use of airspace. This 
regulation is within the scope of that authority as it establishes 
additional controlled airspace at Kona International Airport at 
Keahole, Kona, HI.

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 the 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 6002 Class E airspace Designated as Surface Areas.

* * * * *

AWP HI E2 Kailua-Kona, HI [New]

Kona International Airport at Keahole, HI
    (Lat. 19[deg]44'20'' N., long. 156[deg]02'44'' W.)

    That airspace extending upward from the surface to and including 
2,500 feet MSL within a 4.3-mile radius of Kona International 
Airport at Keahole. This Class E airspace area is effective during 
the specific dates and times established in advance by a Notice to 
Airmen. The effective date and time will thereafter be continuously 
published in the Airport/Facility Directory, Pacific Chart 
Supplement.
* * * * *

    Issued in Seattle, Washington, on June 30, 2009.
H. Steve Karnes,
Acting Manager, Operations Support Group, Western Service Center.
[FR Doc. E9-16275 Filed 7-9-09; 8:45 am]

BILLING CODE 4910-13-P
