Federal Register / Vol. 76, No. 242 / Friday, December 16, 2011 / Rules and Regulations 78141 

to the manager of the ACO, send it to the 

attention of the person identified in the 

Related Information section of this AD. 

Information may be emailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required by this AD if it is approved by the 

Boeing Commercial Airplanes Organization 

Designation Authorization (ODA) that has 

been authorized by the Manager, Seattle ACO 

to make those findings. For a repair method 

to be approved, the repair must meet the 

certification basis of the airplane and the 

approval must specifically refer to this AD. 

(k) Related Information 

For more information about this AD, 

contact Margaret Langsted, Aerospace 

Engineer, Propulsion Branch, ANM–140S, 

FAA, Seattle ACO, 1601 Lind Avenue SW., 

Renton, Washington 98057–3356; phone: 

(425) 917–6500; fax: (425) 917–6590; email 

margaret.langsted@faa.gov. 

(l) Material Incorporated by Reference 

(1) You must use the following service 

information to do the actions required by this 

AD, unless the AD specifies otherwise. The 

Director of the Federal Register approved the 

incorporation by reference (IBR) under 5 

U.S.C. 552(a) and 1 CFR part 51 of the 

following service information on January 20, 

2011 (75 FR 78588, December 16, 2010). 

(i) Boeing Service Bulletin 777–57A0050, 

Revision 2, dated May 14, 2009; 

(ii) Boeing Alert Service Bulletin 777– 

57A0051, dated May 15, 2006; 

(iii) Boeing Alert Service Bulletin 777– 

57A0057, Revision 1, dated August 2, 2007; 

and 

(iv) Boeing Alert Service Bulletin 777– 

57A0059, dated October 30, 2008. 

(2) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, P.O. Box 3707, MC 2H–65, 

Seattle, Washington 98124–2207; telephone 

(206) 544–5000, extension 1, fax (206) 766– 

5680; email me.boecom@boeing.com; Internet 

https://www.myboeingfleet.com. 

(3) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

(425) 227–1221. 

(4) You may also review copies of the 

service information that is incorporated by 

reference at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at an NARA facility, call (202) 741– 

6030, or go to http://www.archives.gov/ 

federal_register/code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on 

December 5, 2011. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2011–31893 Filed 12–15–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 61 

[Docket No. FAA–2006–26661; Amdt. No. 

61–129] 

RIN 2120–AI86 

Pilot, Flight Instructor, and Pilot 

School Certification; Technical 

Amendment 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: The FAA is correcting a final 

rule published on August 21, 2009 (74 

FR 42500). In that rule, the FAA 

amended its regulations to revise the 

training, qualification, certification, and 

operating requirements for pilots, flight 

instructors, ground instructors, and 

pilot schools. This document corrects an 

error in the codified text of that 

document to permit a person serving as 

an examiner and administering a 

practical test for the issuance of a sport 

pilot certificate in a light-sport aircraft 

other than a glider or balloon to hold 

either a medical certificate or a U.S. 

driver’s license. The FAA is also 

clarifying the regulatory text related to 

when an instrument proficiency check 

is required to act as pilot in command 

under IFR or in weather conditions less 

than the minimums prescribed for VFR. 

Finally, this document corrects one 

section of the final rule to clarify the 

FAA’s original intent with regard to the 

use of flight simulation training devices 

for training and testing when seeking to 

add a type rating to an existing pilot 

certificate or obtain a type rating 

concurrently with a pilot certificate. 

DATES: Effective December 16, 2011. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this 

action, contact Jeffrey Smith, Airmen 

Certification and Training Branch, AFS– 

810, General Aviation and Commercial 

Division, Flight Standards Service, 

Federal Aviation Administration, 800 

Independence Avenue SW., 

Washington, DC 20591; telephone (202) 

493–4789; email to 

jeffrey.smith@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On August 21, 2009, the FAA 

published a final rule entitled, ‘‘Pilot, 

Flight Instructor, and Pilot School 

Certification’’ (74 FR 42500). That final 

rule revised the training, qualification, 

certification, and operating 

requirements for pilots, flight 

instructors, ground instructors, and 

pilot schools. The FAA is now issuing 

a technical amendment to correct an 

error in § 61.23 and to clarify the 

original intent of § 61.64. 

Discussion of Technical Amendment to 

§ 61.23 

As part of the 2009 final rule, the FAA 

revised § 61.23 to set forth the medical 

certification requirements for persons 

serving as examiners and administering 

practical tests. As modified in the final 

rule, the current text of that section 

requires an examiner administering a 

practical test in an aircraft, other than a 

glider or balloon, to hold at least a thirdclass medical certificate. 

During the rulemaking process, the 

FAA received a comment stating that 

examiners administering practical tests 

to applicants for a sport pilot certificate 

should not be required to hold a 

medical certificate. These tests— 

particularly those conducted in 

powered parachutes and weight-shiftcontrol aircraft—are frequently 

conducted by examiners who hold only 

a sport pilot certificate. A person 

exercising the privileges of a sport pilot 

certificate may hold either a medical 

certificate or a U.S. driver’s license to 

exercise those privileges. Although the 

preamble to the final rule acknowledged 

the comment, the regulatory text did not 

address the issue raised by the 

comment. 

Although an examiner is generally not 

the pilot in command of an aircraft 

during a practical test, an examiner 

may, on occasion, need to act as pilot 

in command of an aircraft during the 

course of a practical test. Accordingly, 

the FAA believes that an examiner must 

meet the appropriate medical 

certification requirements to act as pilot 

in command of the aircraft in which the 

test is being conducted should the need 

arise. An examiner conducting a 

practical test for a sport pilot certificate 

in a light-sport aircraft other than a 

glider or balloon would therefore only 

need to hold either a medical certificate 

or a U.S. driver’s license. 

The technical amendment will revise 

§ 61.23(c) to permit a person to serve as 

an examiner and administer a practical 

test for the issuance of a sport pilot 

certificate in a light-sport aircraft other 


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78142 Federal Register / Vol. 76, No. 242 / Friday, December 16, 2011 / Rules and Regulations 

than a glider or balloon if that person 

holds and possesses either a medical 

certificate issued under part 67 or a U.S. 

driver’s license. 

Discussion of Technical Amendment to 

§ 61.57(d) 

Section 61.57(c) sets forth the 

instrument recent flight experience 

requirements for a pilot to act as pilot 

in command under IFR or in weather 

conditions less than the minimums 

prescribed for VFR. Under that 

provision, a pilot must have performed 

and logged certain tasks and maneuvers 

within six calendar months preceding 

the month of the flight on which the 

pilot intends to serve as pilot in 

command. Section 61.57(d) sets forth 

the time when a pilot who does not 

meet the instrument recent experience 

requirements of paragraph (c) must 

accomplish an instrument proficiency 

check (IPC) before serving as pilot in 

command under IFR or in weather 

conditions less than the minimums 

prescribed for VFR. 

In the 2009 final rule, the FAA 

modified the language in § 61.57(d) to 

remove confusing language (‘‘within the 

prescribed time, or within 6 calendar 

months after the prescribed time’’) and 

replaced it with language that a pilot 

must perform the instrument recent 

flight experience within a period of 12 

months to avoid having to accomplish 

an IPC. The FAA acknowledges that the 

language as modified allows for 

interpretations inconsistent with the 

intent of the rule and contrary to the 

manner the rule has been historically 

applied. 

In this technical amendment, the FAA 

is revising the language in paragraph (d) 

to clarify the intent of the rule. The 

revised language makes it clear that a 

pilot who has failed to maintain 

instrument currency for more than six 

calendar months may not serve as pilot 

in command under IFR or in weather 

conditions less than the minimums 

prescribed for VFR until completing an 

instrument proficiency check. A pilot 

whose instrument currency has been 

lapsed for less than six months may 

continue to reestablish instrument 

currency by performing the tasks and 

maneuvers required in paragraph (c). 

Discussion of Technical Amendment to 

§ 61.64 

Prior to issuance of the 2009 final 

rule, 14 CFR 61.63(e), (f), and (g) set 

forth the requirements for the use of 

flight simulators and flight training 

devices for a pilot seeking to add ratings 

to an existing pilot certificate other than 

the airline transport pilot certificate. 

Under former § 61.63(e), (f), and (g), any 

pilot who completed ‘‘all training and 

testing requirements’’ in a flight 

simulator for an additional rating on an 

existing pilot certificate other than an 

airline transport pilot certificate had to 

have specific flight experience (e.g., 

hold a type rating for a turbojet airplane 

of the same class of airplane for which 

the type rating is sought) to avoid 

having to fulfill a supervised operating 

experience requirement before acting as 

pilot in command of the aircraft for 

which the additional rating was sought. 

The requirements for the use of flight 

simulators and flight training devices 

for obtaining an airline transport pilot 

certificate with a type rating or adding 

a type rating to an existing airline 

transport pilot certificate were covered 

by 14 CFR 61.157(g), (h), and (i). Under 

former § 61.157(h), (i) and (j), any pilot 

who completed ‘‘all of the training and 

the required practical test’’ in a flight 

simulator for a type rating on an airline 

transport pilot certificate had to have 

the same prior flight experience listed in 

former § 61.63 to avoid having to fulfill 

a supervised operating experience 

requirement before acting as pilot in 

command in the aircraft for which the 

type rating was sought. 

In 2007, the FAA proposed to 

consolidate the requirements of 

§§ 61.63(e), (f), and (g) and 61.157(g), 

(h), and (i) into new § 61.64 (72 FR 

5806; February 7, 2007). In the preamble 

to the final rule, the FAA stated that in 

consolidating these sections ‘‘[n]o 

substantive changes had been made’’ (74 

FR 42500 and 74 FR 42522). One 

commenter objected because, as 

consolidated in § 61.64, a pilot would be 

required to meet one of the experience 

prerequisites if any portion of the 

practical test for a type rating was 

completed in a flight simulator. The 

commenter noted that this requirement 

differed from the existing rule which 

required a pilot to meet one of the 

experience prerequisites only if he or 

she completed the entire practical test 

in a simulator. Two months after the 

final rule was published, the FAA 

issued a technical correction that made 

several changes to § 61.64. 74 FR 53643 

(Oct. 20, 2009). The correction did not 

affect the language identified by the 

commenter that could be construed as 

requiring a pilot to meet one of the 

experience prerequisites if a simulator 

was used for any portion of the practical 

test. 

Although the FAA stated in the 2009 

final rule that no substantive changes 

were being made in consolidating the 

requirements in §§ 61.63 and 61.157, the 

language of the consolidation resulted 

in apparent changes to the requirements 

for using flight simulation training 

devices (FSTD) to train and test for an 

additional rating on an existing pilot 

certificate. The consolidation of the two 

provisions into § 61.64 could be read to 

expand the number of pilots who would 

be subject to the supervised operating 

limitation because the regulatory text as 

written applies to a pilot who completes 

any training or testing in flight 

simulators to meet one of the listed 

experience requirements or receive a 

limitation. This result was not the 

FAA’s intention in consolidating the 

provisions. The FAA, therefore, is 

modifying § 61.64 to reflect that a 

supervised operating limitation must be 

placed on a pilot certificate if the pilot 

applying for the rating uses a flight 

simulator for the entire practical test 

and fails to meet one of the listed flight 

experience requirements. 

In making the changes to § 61.64, the 

FAA emphasizes that §§ 61.63 and 

61.157 continue to set forth the training 

requirements for additional ratings and 

type ratings. Section 61.64 merely 

details the use of FSTD in training and 

testing for those ratings. We note that, 

if § 61.63 requires a pilot to meet the 

training requirements of another 

section, for example § 61.129 

(commercial pilot), then the FSTD 

limitations set forth in § 61.129 will 

apply to that training and the pilot will 

not be able to train and test completely 

through simulation. In addition, pilots 

who train under the aeronautical 

experience requirements that limit the 

use of simulation for training (e.g., 

§ 61.129; part 141 appendices) will 

continue to have the option of 

accomplishing a segmented practical 

test (see 14 CFR 61.39(d); 14 CFR 

61.45(a); and FAA Order 8900.1, Vol. 5, 

Chapter 1, Section 4). 

This technical amendment also makes 

several clarifying changes to § 61.64, 

including (1) reinserting the language 

‘‘except preflight inspection’’ to the 

provisions related to the requirement 

that the entire practical test take place 

in a Level C or higher flight simulator 

if an aircraft is not used, (2) modifying 

the language of the limitation, (3) 

rewording the language in paragraph (g) 

related to the manner in which the 

supervised operating experience must 

be obtained, and (4) clarifying the 

language in paragraph (g) related to the 

means by which the supervised 

operating limitation may be removed 

from a pilot certificate. The FAA has 

also made a conforming change to the 

applicability provision in § 61.61. 

List of Subjects in 14 CFR Part 61 

Aircraft, Airmen, Alcohol abuse, 

Aviation safety, Drug abuse, Recreation 

and recreation areas, Reporting and 


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Federal Register / Vol. 76, No. 242 / Friday, December 16, 2011 / Rules and Regulations 78143 

recordkeeping requirements, Security 

measure and Teachers. 

The Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends chapter I of title 14, Code of 

Federal Regulations as follows: 

PART 61—CERTIFICATION: PILOTS, 

FLIGHT INSTRUCTORS, AND GROUND 

INSTRUCTORS 

■ 1. The authority citation for part 61 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701– 

44703, 44707, 44709–44711, 45102–45103, 

45301–45302. 

■ 2. Amend § 61.23 by revising 

paragraph (c) to read as follows: 

§ 61.23 Medical Certificates: Requirements 

and duration. 

* * * * * 

(c) Operations requiring either a 

medical certificate or U.S. driver’s 

license. (1) A person must hold and 

possess either a medical certificate 

issued under part 67 of this chapter or 

a U.S. driver’s license when— 

(i) Exercising the privileges of a 

student pilot certificate while seeking 

sport pilot privileges in a light-sport 

aircraft other than a glider or balloon; 

(ii) Exercising the privileges of a sport 

pilot certificate in a light-sport aircraft 

other than a glider or balloon; 

(iii) Exercising the privileges of a 

flight instructor certificate with a sport 

pilot rating while acting as pilot in 

command or serving as a required flight 

crewmember of a light-sport aircraft 

other than a glider or balloon; or 

(iv) Serving as an Examiner and 

administering a practical test for the 

issuance of a sport pilot certificate in a 

light-sport aircraft other than a glider or 

balloon. 

* * * * * 

■ 3. Amend § 61.57 by revising 

paragraph (d) introductory text to read 

as follows: 

§ 61.57 Recent flight experience: Pilot in 

command. 

* * * * * 

(d) Instrument proficiency check. 

Except as provided in paragraph (e) of 

this section, a person who has failed to 

meet the instrument experience 

requirements of paragraph (c) for more 

than six calendar months may 

reestablish instrument currency only by 

completing an instrument proficiency 

check. The instrument proficiency 

check must consist of the areas of 

operation and instrument tasks required 

in the instrument rating practical test 

standards. 

* * * * * 

■ 4. Revise § 61.61 to read as follows: 

§ 61.61 Applicability. 

This subpart prescribes the 

requirements for the issuance of 

additional aircraft ratings after a pilot 

certificate is issued, issuance of a type 

rating concurrently with a pilot 

certificate, and the requirements for and 

limitations of pilot authorizations 

issued by the Administrator. 

■ 5. Revise § 61.64 to read as follows: 

§ 61.64 Use of a flight simulator and flight 

training device. 

(a) Use of a flight simulator or flight 

training device. If an applicant for a 

certificate or rating uses a flight 

simulator or flight training device for 

training or any portion of the practical 

test, the flight simulator and flight 

training device— 

(1) Must represent the category, class, 

and type (if a type rating is applicable) 

for the rating sought; and 

(2) Must be qualified and approved by 

the Administrator and used in 

accordance with an approved course of 

training under part 141 or part 142 of 

this chapter; or under part 121 or part 

135 of this chapter, provided the 

applicant is a pilot employee of that air 

carrier operator. 

(b) Except as provided in paragraph (f) 

of this section, if an airplane is not used 

during the practical test for a type rating 

for a turbojet airplane (except for 

preflight inspection), an applicant must 

accomplish the entire practical test in a 

Level C or higher flight simulator and 

the applicant must— 

(1) Hold a type rating in a turbojet 

airplane of the same class of airplane for 

which the type rating is sought, and that 

type rating may not contain a 

supervised operating experience 

limitation; 

(2) Have 1,000 hours of flight time in 

two different turbojet airplanes of the 

same class of airplane for which the 

type rating is sought; 

(3) Have been appointed by the U.S. 

Armed Forces as pilot in command in 

a turbojet airplane of the same class of 

airplane for which the type rating is 

sought; 

(4) Have 500 hours of flight time in 

the same type of airplane for which the 

type rating is sought; or 

(5) Have logged at least 2,000 hours of 

flight time, of which 500 hours were in 

turbine-powered airplanes of the same 

class of airplane for which the type 

rating is sought. 

(c) Except as provided in paragraph (f) 

of this section, if an airplane is not used 

during the practical test for a type rating 

for a turbo-propeller airplane (except for 

preflight inspection), an applicant must 

accomplish the entire practical test in a 

Level C or higher flight simulator and 

the applicant must— 

(1) Hold a type rating in a turbopropeller airplane of the same class of 

airplane for which the type rating is 

sought, and that type rating may not 

contain a supervised operating 

experience limitation; 

(2) Have 1,000 hours of flight time in 

two different turbo-propeller airplanes 

of the same class of airplane for which 

the type rating is sought; 

(3) Have been appointed by the U.S. 

Armed Forces as pilot in command in 

a turbo-propeller airplane of the same 

class of airplane for which the type 

rating is sought; 

(4) Have 500 hours of flight time in 

the same type of airplane for which the 

type rating is sought; or 

(5) Have logged at least 2,000 hours of 

flight time, of which 500 hours were in 

turbine-powered airplanes of the same 

class of airplane for which the type 

rating is sought. 

(d) Except as provided in paragraph 

(f) of this section, if a helicopter is not 

used during the practical test for a type 

rating in a helicopter (except for 

preflight inspection), an applicant must 

accomplish the entire practical test in a 

Level C or higher flight simulator and 

the applicant must meet one of the 

following requirements— 

(1) Hold a type rating in a helicopter 

and that type rating may not contain the 

supervised operating experience 

limitation; 

(2) Have been appointed by the U.S. 

Armed Forces as pilot in command of a 

helicopter; 

(3) Have 500 hours of flight time in 

the type of helicopter; or 

(4) Have 1,000 hours of flight time in 

two different types of helicopters. 

(e) Except as provided in paragraph (f) 

of this section, if a powered-lift is not 

used during the practical test for a type 

rating in a powered-lift (except for 

preflight inspection), an applicant must 

accomplish the entire practical test in a 

Level C or higher flight simulator and 

the applicant must meet one of the 

following requirements— 

(1) Hold a type rating in a poweredlift without a supervised operating 

experience limitation; 

(2) Have been appointed by the U.S. 

Armed Forces as pilot in command of a 

powered-lift; 

(3) Have 500 hours of flight time in 

the type of powered-lift for which the 

rating is sought; or 

(4) Have 1,000 hours of flight time in 

two different types of powered-lifts. 


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78144 Federal Register / Vol. 76, No. 242 / Friday, December 16, 2011 / Rules and Regulations 

(f) If the applicant does not meet one 

of the experience requirements of 

paragraphs (b)(1) through (5), (c)(1) 

through (5), (d)(1) through (4) or (e)(1) 

through (4) of this section, as 

appropriate to the type rating sought, 

then— 

(1) The applicant must complete the 

following tasks on the practical test in 

an aircraft appropriate to category, class, 

and type for the rating sought: Preflight 

inspection, normal takeoff, normal 

instrument landing system approach, 

missed approach, and normal landing; 

or 

(2) The applicant’s pilot certificate 

will be issued with a limitation that 

states: ‘‘The [name of the additional 

type rating] is subject to pilot in 

command limitations,’’ and the 

applicant is restricted from serving as 

pilot in command in an aircraft of that 

type. 

(g) The limitation described under 

paragraph (f)(2) of this section may be 

removed from the pilot certificate if the 

applicant complies with the following— 

(1) Performs 25 hours of flight time in 

an aircraft of the category, class, and 

type for which the limitation applies 

under the direct observation of the pilot 

in command who holds a category, 

class, and type rating, without 

limitations, for the aircraft; 

(2) Logs each flight and the pilot in 

command who observed the flight 

attests in writing to each flight; 

(3) Obtains the flight time while 

performing the duties of pilot in 

command; and 

(4) Presents evidence of the 

supervised operating experience to any 

Examiner or FAA Flight Standards 

District Office to have the limitation 

removed. 

Issued in Washington, DC, on December 6, 

2011. 

Pamela Hamilton-Powell, 

Director, Office of Rulemaking. 

[FR Doc. 2011–32333 Filed 12–15–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2011–0867; Airspace 

Docket No. 11–AAL–16] 

Amendment of Class E Airspace; 

Anaktuvuk Pass, AK 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action revises Class E 

airspace at Anaktuvuk Pass Airport, 

Anaktuvuk Pass, AK. The creation of 

two standard instrument approach 

procedures at the airport has made this 

action necessary to enhance safety and 

management of Instrument Flight Rules 

(IFR) operations. This action also 

adjusts the geographic coordinates of 

the airport. 

DATES: Effective date, 0901 UTC, 

February 9, 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. 

SUPPLEMENTARY INFORMATION: 

History 

On September 13, 2011, the FAA 

published in the Federal Register a 

notice of proposed rulemaking (NPRM) 

to amend controlled airspace at 

Anaktuvuk Pass, AK (76 FR 56354). 

Interested parties were invited to 

participate in this rulemaking effort by 

submitting written comments on the 

proposal to the FAA. No comments 

were received. Reference to the 

adjustment to the geographic 

coordinates of the airport was 

inadvertently omitted in the NPRM, and 

is now noted. 

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 

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 

revising Class E airspace extending 

upward from 700 feet above the surface, 

at Anaktuvuk Pass Airport, to 

accommodate the creation of two 

standard instrument approach 

procedures. This action is necessary for 

the safety and management of IFR 

operations. This action also brings the 

coordinates for the Anaktuvuk Pass 

Airport into agreement with the FAA’s 

aeronautical database. 

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 creates 

additional controlled airspace at 

Anaktuvuk Pass Airport, Anaktuvuk, 

AK. 

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 

■ 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. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR Part 71.1 of the Federal Aviation 

Administration Order 7400.9V, Airspace 

Designations and Reporting Points, 

dated August 9, 2011, and effective 

September 15, 2011 is amended as 

follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 


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