
[Federal Register: December 21, 2009 (Volume 74, Number 243)]
[Rules and Regulations]               
[Page 67811-67812]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21de09-4]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-0457; Airspace Docket No. 09-AAL-10]

 
Establishment of Class E Airspace; Point (Pt.) Thomson, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final Rule.

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SUMMARY: This action establishes Class E airspace at Pt. Thomson, AK, 
to accommodate new Area Navigation (RNAV) special Instrument Approach 
Procedures (IAPs) at Pt. Thomson 3 Heliport. The FAA is taking 
this action to enhance safety and management of Instrument Flight Rules 
(IFR) operations at Pt. Thomson 3 Heliport.

DATES: Effective 0901 UTC, February 11, 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 Wednesday, October 7, 2009, the FAA published a notice of 
proposed rulemaking (NPRM) in the Federal Register to establish Class E 
airspace at Pt. Thompson, AK (74 FR 51523). Subsequent to publication, 
the FAA noted that the title erroneously referred to the airport name 
incorrectly. The correct airport name is Pt. Thomson 3 
(without a P). Additionally, the airport coordinates were incorrectly 
listed and have been corrected in the legal description. 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 with changes noted above 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 action amends Title 14 Code of Federal Regulations (14 CFR) 
part 71 by establishing Class E airspace at Pt. Thomson 3 
Heliport, to accommodate new RNAV special IAPs at Pt. Thomson 
2 Heliport. This Class E airspace will provide adequate 
controlled airspace upward from 700 feet above the surface, for the 
safety and management of IFR operations at Pt. Thomson 3 
Heliport.
    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.

[[Page 67812]]

    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 Pt. Thomson 3 Heliport 
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; 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 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 6005 Class E Airspace Extending Upward From 700 Feet or 
More Above the Surface of the Earth.

* * * * *

AAL AK E5 Point Thomson, AK [New]

Point Thomson 3 Heliport, AK
    (Lat. 70[deg]10'17'' N., long. 146[deg]15'31'' W)

    That airspace extending upward from 700 feet above the surface 
within a 6.6-mile radius of the Pt. Thomson, AK.
* * * * *

    Issued in Anchorage, AK, on December 3, 2009.
Michael A. Tarr,
Acting Manager, Alaska Flight Services Information Area Group.
[FR Doc. E9-30172 Filed 12-18-09; 8:45 am]

BILLING CODE 4910-13-P
