This action modifies Class E airspace at Kipnuk, AK. The revision of two standard instrument approach procedures at the Kipnuk Airport has made this action necessary to enhance safety and management of Instrument Flight Rules (IFR) operations.
Effective date, 0901 UTC, April 5, 2012. 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:
Jeanette Roller, Federal Aviation Administration, Operations Support Group, Western Service Center, 1601 Lind Avenue SW., Renton, WA 98057; telephone (425) 203-4541.
On August 31, 2011, the FAA published in the Federal Register a notice of proposed rulemaking (NPRM) to amend controlled airspace at Kipnuk, AK (76 FR 54149). 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 7400.9V dated August 9, 2011, and effective September 15, 2011, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designations listed in this document will be published subsequently in that Order. Except for editorial changes, this rule is the same as published in the NPRM.
This action amends Title 14 Code of Federal Regulations (14 CFR) part 71 by modifying Class E airspace extending upward from 700 feet above the surface, at Kipnuk Airport, to accommodate IFR aircraft executing the two revised standard instrument approach procedures at the airport. This action is necessary for the safety and management of IFR operations. The portion of the airspace that lies further than 12 miles offshore and overlaps Norton Sound Low and Control 1234L is being amended under a separate rulemaking.
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 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 modifies controlled airspace at Kipnuk Airport, Kipnuk, AK.
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
1. The authority citation for
2. The incorporation by reference in
Paragraph 6005 Class E airspace areas extending upward from 700 feet or more above the surface of the earth.
* * * * *
AAL AK E5 Kipnuk, AK [Modified]
Kipnuk Airport, AK
(Lat. 59°55′59″ N., long. 164°01′50″ W.)
That airspace extending upward from 700 feet above the surface within a 6.9-mile radius of the Kipnuk Airport, and that airspace extending upward from 1,200 feet above the surface within a 73-mile radius of the Kipnuk Airport, excluding that area outside 12 miles from the shoreline within Norton Sound Low and Control 1234L.
Issued in Seattle, Washington, on December 21, 2011.
Acting Manager, Operations Support Group, Western Service Center.
[FR Doc. 2011-33570 Filed 12-30-11; 8:45 am]
BILLING CODE 4910-13-P