45554 Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Rules and Regulations 

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 Thursday, May 28, 2009, the FAA 

published a notice of proposed 

rulemaking in the Federal Register to 

establish Class E airspace at Quinhagak, 

AK (74 FR 25460). Subsequent to 

publication, the FAA found an error in 

the geographic coordinates for 

Quinhagak Airport. This action corrects 

that error. 

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 corrected coordinates, 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 7400.9S, Airspace Designations 

and Reporting Points, signed October 3, 

2008, and effective October 31, 2008, 

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 

Quinhagak 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 Quinhagak Airport, Quinhagak, 

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 

Quinhagak 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 

■ 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 

■ 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 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 

Extending Upward from 700 feet or More 

Above the Surface of the Earth. 

* * * * * 

AAL AK E5 Quinhagak, AK [New] 

Quinhagak, Quinhagak Airport, AK 

(Lat. 59°45′18′′ N., long. 161°50′43′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.4-mile 

radius of the Quinhagak Airport, AK. 

* * * * * 

Issued in Anchorage, AK, on August 20, 

2009. 

James L. Krause, 

Acting Manager, Alaska Flight Services 

Information Area Group. 

[FR Doc. E9–21059 Filed 9–2–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–0196; Airspace 

Docket No. 09–AAL–3] 

Establishment of Class E Airspace; 

Oooguruk, AK 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final Rule. 

SUMMARY: This action establishes Class 

E airspace at Oooguruk, AK, providing 

controlled airspace to contain aircraft 

executing special Instrument Approach 

Procedures (IAPs) at two heliport 

facilities, Oooguruk Drill Site Helipad, 

and Oooguruk Tie-in Helipad, 

Oooguruk, AK. Also, this action makes 

a minor change in the description for 

the Oooguruk Drill Site Helipad. The 

FAA is taking this action to enhance the 

safety and management of Instrument 

Flight Rules (IFR) operations at 

Oooguruk, AK. 

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: 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 April 15, 2009, the 

FAA proposed to amend Title 14 Code 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Rules and Regulations 45555 

of Federal Regulations (14 CFR) part 71, 

to establish Class E airspace upward 

from 700 ft. above the surface and from 

1,200 ft. above the surface at two 

heliport facilities at Oooguruk, AK (74 

FR 17443). Subsequent to publication, 

the FAA found that a sentence 

referencing exclusion of restricted 

airspace in the description for the 

Oooguruk Drill Site Helipad was 

inadvertantly omitted. This action 

corrects this error. Class E controlled 

airspace extending upward from 700 ft. 

and 1,200 ft. above the surface in the 

Oooguruk heliport area is established by 

this action. 

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 the clarification of the airspace 

description of the Drill Site Helipad, 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 7400.9S, Airspace Designations 

and Reporting Points, signed October 3, 

2008, and effective October 31, 2008, 

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 extending 

700 and 1,200 feet above the surface at 

Oooguruk, AK. New special IAPs have 

been developed for two heliport 

facilities, Oooguruk Drill Site Helipad, 

and Oooguruk Tie-in Helipad, that will 

provide adequate controlled airspace for 

IFR operations at these landing sites. 

Also, added to the airspace description 

for the Drill Site Helipad will be 

‘‘* * *, excluding of that portion within 

R–2204 when R–2204 is active.’’ 

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. Since 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 

two helipads at Oooguruk, AK 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 

■ 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 

■ 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 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 Extending 

Upward from 700 feet or More Above the 

Surface of the Earth. 

* * * * * 

AAL AK E5 Oooguruk Drill Site Helipad, 

AK [New] 

Oooguruk, Oooguruk Drill Site Helipad, AK 

(Lat. 70°29′44′′ N., long. 150°15′12′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6-mile radius 

of the Oooguruk Drill Site Helipad, AK; and 

that airspace extending upward from 1,200 

feet above the surface within a 73-mile radius 

of the Oooguruk Drill Site Helipad, AK, 

excluding that portion within R2204 when 

R2204 is active. 

* * * * * 

AAL AK E5 Oooguruk Tie-in Helipad, AK 

[New] 

Oooguruk, Oooguruk Tie-in Helipad, AK 

(Lat. 70°24′51′′ N., long. 150°01′07′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6-mile radius 

of the Oooguruk Tie-in Helipad AK, 

excluding that portion within R2204 when 

R2204 is active; and that airspace extending 

upward from 1,200 feet above the surface 

within a 73-mile radius of the Oooguruk Tiein Helipad, AK, excluding that portion 

within R2204 when R2204 is active. 

* * * * * 

Issued in Anchorage, AK, on August 20, 

2009. 

James L. Krause, 

Acting Manager, Alaska Flight Services 

Information Area Group. 

[FR Doc. E9–21061 Filed 9–2–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

15 CFR Part 909 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 151 

[USCG–2007–0164] 

RIN 0648–AV68; 1625–AB24 

Definition of Marine Debris for 

Purposes of the Marine Debris 

Research, Prevention, and Reduction 

Act 

AGENCY: National Ocean Service (NOS), 

National Oceanic and Atmospheric 

Administration (NOAA), Department of 

Commerce; Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Final rule. 

SUMMARY: NOAA and the Coast Guard 

are defining ‘‘marine debris’’ for 

purposes of the Marine Debris Research, 

Prevention, and Reduction Act (the 

Act). The Act requires NOAA and the 

Coast Guard to jointly develop a 

definition and promulgate it through 

regulations; this rule represents the 

agencies’ compliance with the Act. For 

the purposes of the Marine Debris 

Research, Prevention, and Reduction 

Act only, marine debris is defined as 

any persistent solid material that is 


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