Federal Register / Vol. 74, No. 196 / Tuesday, October 13, 2009 / Rules and Regulations 52399 

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 Monday, July 6, 2009, the FAA 

published a notice of proposed 

rulemaking in the Federal Register to 

establish Class E airspace at 

Chuathbaluk, AK (74 FR 31899). 

Subsequent to publication, the FAA 

found an error in the geographic 

coordinates and textual description for 

Chuathbaluk Airport. This action 

corrects these errors. 

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 7400.9T, 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 amendment to 14 CFR part 71 

establishes Class E airspace at the 

Chuathbaluk Airport, AK. This Class E 

airspace is established to accommodate 

aircraft executing a new instrument 

procedure, 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 Chuathbaluk Airport, 

Chuathbaluk, 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 

Chuathbaluk 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 7400.9T, 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 Chuathbaluk, AK [New] 

Chuathbaluk, Chuathbaluk Airport, AK 

(Lat. 61°34′45′′ N., long. 159°12′56′′ W) 

That airspace extending upward from 700 

feet above the surface within a 7.5-mile 

radius of the Chuathbaluk Airport, AK, and 

within 3.5 miles either side of the 286° 

bearing from the Chuathbaluk Airport, AK, 

extending from the 7.5 mile radius, to 10.3 

miles west of the Chuathbaluk, Airport, AK. 

* * * * * 

Issued in Anchorage, AK, on September 18, 

2009. 

Anthony M. Wylie 

Manager, Alaska Flight Services Information 

Area Group. 

[FR Doc. E9–24228 Filed 10–9–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–0554; Airspace 

Docket No. 09–ANM–8] 

Establishment of Class E Airspace; 

Eastsound, WA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action establishes Class 

E airspace at Eastsound, WA. Controlled 

airspace is necessary to accommodate 

aircraft using a new Area Navigation 

(RNAV) Global Positioning System 

(GPS) Standard Instrument Approach 

Procedure (SIAP) at Eastsound Orcas 

Island Airport, Eastsound, WA. This 

will improve the safety of Instrument 

Flight Rules (IFR) aircraft executing the 

new RNAV GPS SIAP at Eastsound 

Orcas Island Airport, Eastsound, WA. 

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 August 5, 2009, the FAA 

published in the Federal Register a 

notice of proposed rulemaking to 

establish controlled airspace at 

Eastsound, WA (74 FR 39001). 

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 6002 of FAA 

Order 7400.9T signed August 27, 2009, 


CPrice-Sewell on DSKGBLS3C1PROD with RULES
52400 Federal Register / Vol. 74, No. 196 / Tuesday, October 13, 2009 / Rules and Regulations 

and effective September 15, 2009, 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 

establishing Class E airspace at 

Eastsound, WA. Controlled airspace is 

necessary to accommodate IFR aircraft 

executing a new RNAV (GPS) approach 

procedure at Eastsound Orcas Island 

Airport, Eastsound, WA. 

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 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 

controlled airspace at Eastsound Orcas 

Island Airport, Eastsound, WA. 

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 7400.9T, Airspace 

Designations and Reporting Points, 

signed August 27, 2009, and effective 

September 15, 2009 is amended as 

follows: 

Paragraph 6002 Class E airspace designated 

as surface areas. 

* * * * * 

ANM WA E2 Eastsound, WA [New] 

Eastsound Orcas Island Airport, WA 

(Lat. 48°42′29′′ N., long. 122°54′38′′ W.) 

Within a 3.8-mile radius of the Eastsound 

Orcas Island Airport, and within 3.7 miles 

each side of the 163° bearing extending from 

the 3.8-mile radius to 9.2 miles south of the 

Eastsound Orcas Island Airport. This Class E 

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. 

* * * * * 

Issued in Seattle, Washington, on 

September 30, 2009. 

Robert E. Henry, 

Acting Manager, Operations Support Group, 

Western Service Center. 

[FR Doc. E9–24340 Filed 10–9–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Bureau of Customs and Border 

Protection 

19 CFR Part 111 

[CBP Dec. 09–38] 

Customs Broker License Examination 

Appeals 

AGENCY: Customs and Border Protection, 

DHS. 

ACTION: Final rule. 

SUMMARY: This final rule amends the 

U.S. Customs and Border Protection 

(CBP) regulations, which govern the 

licensing and conduct of customs 

brokers. The rule specifies the proper 

CBP official who is authorized to decide 

the final administrative appeal of a 

failing grade on the customs broker 

written examination. The current 

regulations provide that the final 

administrative appeal on a failing grade 

on the broker’s exam should be sent in 

writing to the Secretary of Homeland 

Security, or her designee. This final rule 

amends the CBP regulations to specify 

that examinees should submit final 

administrative appeals to the Assistant 

Commissioner, Office of International 

Trade. 

DATES: This final rule is effective on 

October 13, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Russell Morris, Broker Compliance 

Branch, Trade Policy and Programs, 

Office of International Trade, (202) 863– 

6543. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 641 of the Tariff Act of 1930 

(Tariff Act), as amended (19 U.S.C. 

1641) authorizes the Secretary of the 

Treasury to prescribe rules and 

regulations relating to the customs 

business of brokers as necessary to 

protect importers and the revenue of the 

United States. Specifically, section 641 

provides that a person (an individual, 

corporation, association, or partnership) 

must hold a valid customs broker’s 

license and permit in order to transact 

customs business on behalf of others. In 

the case of an applicant for an 

individual broker’s license, section 641 

states that the Secretary of the Treasury 

may conduct an examination to 

determine an applicant’s qualifications 

for a license. 

The Homeland Security Act of 2002 

(Homeland Security Act) generally 

transferred the functions of the U.S. 

Customs Service from the Treasury 

Department to the Secretary of 

Homeland Security. 6 U.S.C. 101 et seq. 

Section 412 of the Homeland Security 

Act (6 U.S.C. 212) provides that the 

Secretary of the Treasury retains 

customs revenue functions unless the 

Secretary of the Treasury delegates the 

authority to the Secretary of Homeland 

Security. The regulation of customs 

brokers is encompassed within the 

customs revenue functions set forth in 

section 412 of the Homeland Security 

Act. On May 15, 2003, the Secretary of 

the Treasury delegated authority related 

to the customs revenue functions to the 

Secretary of Homeland Security subject 

to certain exceptions. See Treasury 

Order No. 100–16 (Appendix to 19 CFR 

Part 0). Since the authority to prescribe 

the rules and regulations related to 

customs brokers is not listed as one of 

the exceptions, this authority now 


CPrice-Sewell on DSKGBLS3C1PROD with RULES