
[Federal Register: October 26, 2009 (Volume 74, Number 205)]
[Rules and Regulations]               
[Page 54897-54898]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26oc09-3]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-0318; Airspace Docket No. 09-AAL-8]

 
Establishment of Class E Airspace; Noorvik, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class E airspace at Noorvik, AK to 
provide adequate controlled airspace to contain aircraft executing 
Standard Instrument Approach Procedures (SIAPs). Two SIAPs are being 
developed for the Robert (Bob) Curtis Memorial Airport at Noorvik, AK. 
Additionally, one textual Obstacle Departure Procedure (ODP) is being 
developed. This action establishes Class E airspace upward from 700 
feet (ft.) above the surface at Robert (Bob) Curtis Memorial Airport, 
Noorvik, AK.

DATES: Effective Date: 0901 UTC, December 17, 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;

[[Page 54898]]

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 Wednesday, August 12, 2009, the FAA published a notice of 
proposed rulemaking in the Federal Register to establish Class E 
airspace at Noorvik, AK (74 FR 40535). Subsequent to publication, the 
FAA noted that the title erroneously refered to this action as a 
revision. The remainder of the document was clear, that this was a 
proposal to establish controlled airspace at Noorvik, AK. With the 
exception of editorial changes, and the changes described above, this 
rule is the same as that proposed in the NPRM. 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 Class E airspace areas designated as 700/1,200 ft. transition 
areas are published in paragraph 6005 of FAA Order 7400.9T, Airspace 
Designations and Reporting Points, signed August 27, 2009, and 
effective September 15, 2009, 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 Robert (Bob) Curtis Memorial Airport, AK. This Class E airspace is 
established 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 Instrument Flight Rules (IFR) operations at the 
Robert (Bob) Curtis Memorial Airport, Noorvik, AK.
    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. Because 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 Robert (Bob) Curtis Memorial 
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 7400.9T, Airspace Designations and Reporting 
Points, signed August 27, 2009, and effective September 15, 2009, is 
amended as follows:

Paragraph 600 Class E Airspace Extending Upward From 700 Feet or 
More Above the Surface of the Earth.

* * * * *

AAL AK E5 Noorvik, AK [New]

Noorvik, Robert (Bob) Curtis Memorial Airport, Noorvik, AK
    (Lat. 66[deg]49'03'' N., long. 161[deg]01'20'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 7.3-mile radius of the Robert (Bob) Curtis Memorial 
Airport, AK.
* * * * *

    Issued in Anchorage, AK, on October 15, 2009.
Michael A. Tarr,
Acting Manager, Alaska Flight Services Information Area Group.
[FR Doc. E9-25499 Filed 10-23-09; 8:45 am]

BILLING CODE 4910-13-P
