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contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

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Rules and Regulations Federal Register

43029 

Vol. 74, No. 164 

Wednesday, August 26, 2009 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2008–1099; Airspace 

Docket No. 08–AWP–10] 

Modification of Class E Airspace; Lake 

Havasu, AZ 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action will modify Class 

E airspace at Lake Havasu, AZ. 

Additional controlled airspace is 

necessary to accommodate aircraft using 

a new Area Navigation (RNAV) Global 

Positioning System (GPS) Standard 

Instrument Approach Procedure (SIAP) 

at Lake Havasu City Airport, Lake 

Havasu, AZ. This will improve the 

safety of Instrument Flight Rules (IFR) 

aircraft executing the new RNAV GPS 

SIAP at Lake Havasu City Airport, Lake 

Havasu, AZ. This also makes a minor 

change in the airport description. It 

changes the 2.2-mile radius of 

Chemehuevi Valley Airport to a 2.3-mile 

radius. 

DATES: Effective Date: 0901 UTC, 

December 17, 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 June 24, 2009, the FAA published 

in the Federal Register a notice of 

proposed rulemaking to establish 

additional controlled airspace at Lake 

Havasu, AZ (74 FR 30025). Interested 

parties were invited to participate in 

this rulemaking effort by submitting 

written comments on the proposal to the 

FAA. No comments were received. 

Subsequent to publication of the NPRM, 

the FAA found an error in the airport 

description for the excluded airspace. 

This action corrects that error. 

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 

amending the Class E airspace at Lake 

Havasu, AZ. Additional controlled 

airspace is necessary to accommodate 

IFR aircraft executing a new RNAV 

(GPS) approach procedure at Lake 

Havasu City Airport, Lake Havasu, AZ. 

This action also corrects the 2.2-mile 

radius exclusion to 2.3 miles. 

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. 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 Lake 

Havasu City Airport, Lake Havasu, AZ. 

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 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 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

AWP AZ E5 Lake Havasu, AZ [Modified] 

Lake Havasu City, AZ 

(Lat. 34°34′16′′ N., long. 114°21′30′′ W.) 

Chemehuevi Valley Airport, CA 

(Lat. 34°31′44′′ N., long. 114°25′56′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.7-mile 

radius of Lake Havasu City Airport and 

within 1 mile each side of the Lake Havasu 

City Airport 150° bearing extending from the 

6.7-mile radius to 13 miles southeast of the 

Lake Havasu City Airport, excluding that 

airspace with a 2.3-mile radius of 

Chemehuevi Valley Airport. That airspace 

extending upward from 1,200 feet above the 

surface bounded by a line beginning at lat. 

34°42′47′′ N., long. 114°29′37′′ W.; to lat. 

34°42′47′′ N., long. 114°12′06′′ W.; to lat. 

34°23′00′′ N., long. 114°12′06′′ W.; to lat. 

34°17′19′′ N., long. 114°32′12′′ W.; thence to 

the point of beginning. 

* * * * * 

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43030 Federal Register / Vol. 74, No. 164 / Wednesday, August 26, 2009 / Rules and Regulations 

Issued in Seattle, Washington, on August 

14, 2009. 

H. Steve Karnes, 

Team Manager, Operations Support Group, 

Western Service Center. 

[FR Doc. E9–20278 Filed 8–25–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2008–0006; Airspace 

Docket No. 08–ANM–1] 

Establishment of Class D Airspace and 

Amendment of Class E Airspace; North 

Bend, OR 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action will establish 

Class D airspace and amend Class E 

airspace at Southwest Oregon Regional 

Airport, North Bend, OR. The 

establishment of an air traffic control 

tower has made this action necessary for 

the safety and management of aircraft 

within this airspace. This action will 

also update the name of the airport from 

North Bend Municipal Airport, North 

Bend, OR. This action will also make a 

minor correction to the geographic 

coordinates of the North Bend VORTAC 

and the Emire LOM/NDB. 

DATES: Effective Date: 0901 UTC, 

October 22, 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: 

Eldon Taylor, Federal Aviation 

Administration, Operations Support 

Group, Western Service Area, 1601 Lind 

Avenue, SW., Renton, WA 98057; 

telephone (425) 203–4537. 

SUPPLEMENTARY INFORMATION: 

History 

On March 14, 2008, the FAA 

published in the Federal Register a 

notice of proposed rulemaking (NPRM) 

to establish Class D airspace and amend 

Class E airspace at North Bend, OR (73 

FR 13809). Interested parties were 

invited to participate in this rulemaking 

effort by submitting written comments 

on this proposal to the FAA. No 

comments were received. With the 

exception of editorial changes, and the 

changes described above, this rule is the 

same as that proposed in the NPRM. 

Class D and E airspace areas are 

published in Paragraph 5000 and 6002, 

respectively, of FAA Order 7400.9S 

signed October 3, 2008, and effective 

October 31, 2008, which is incorporated 

by reference in 14 CFR 71.1. The Class 

D and 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 D airspace and 

amending Class E airspace at Southwest 

Oregon Regional Airport, North Bend, 

OR. The establishment of an air traffic 

control tower has made this action 

necessary for the safety and 

management of aircraft within this 

airspace. This airspace area is effective 

during the specific dates and times 

established in advance by a Notice to 

Airmen. This action will also update the 

name of the airport from North Bend 

Municipal Airport, North Bend, OR. 

Additionally, this action corrects the 

geographic coordinates of the North 

Bend VORTAC and the Emire LOM/ 

NDB in the Class E2 airspace area. 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. 

Therefore, this regulation: (1) Is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under Department of 

Transportation 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, describes the authority for 

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 the 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 Class D airspace and 

amends Class E airspace at Southwest 

Oregon Regional Airport, North Bend, 

OR. 

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 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 5000 Class D Airspace. 

* * * * * 

ANM OR D North Bend, OR [New] 

North Bend Municipal Airport, OR 

(Lat. 43°25′02′′ N., long. 124°14′46′′ W.) 

That airspace extending upward from the 

surface to and including 2,500 feet MSL 

within a 4.2-mile radius of the Southwest 

Oregon Regional Airport. This Class D 

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. 

* * * * * 

Paragraph 6002 Class E Airspace 

Designated as Surface Areas. 

* * * * * 

ANM OR E2 North Bend, OR [Amended] 

North Bend Municipal Airport, OR 

(Lat. 43°25′02′′ N., long. 124°14′46′′ W.) 

North Bend VORTAC 

(Lat. 43°24′56′′ N., long. 124°10′07′′ W.) 

Emire LOM/NDB 

(Lat. 43°23′40′′ N., long. 124°18′37′′ W.) 

Within a 4.2-mile radius of the Southwest 

Oregon Regional Airport, and within 1.8 

miles each side of the North Bend VORTAC 

044° radial extending from the 4.2-mile 

radius to 5.7 miles northeast of the VORTAC, 

and within 3.7 miles each side of the North 

Bend VORTAC 092° radial extending from 

the 4.2-mile radius to 7.5 miles east of the 

VORTAC, and within 2.7 miles each side of 

the 241° bearing from the Emire LOM/NDB 

extending from the 4.2-mile radius to 6.1 

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