51524 Federal Register / Vol. 74, No. 193 / Wednesday, October 7, 2009 / Proposed Rules 

No. 11–2A, Notice of Proposed 

Rulemaking Distribution System, which 

describes the application procedure. 

The Proposal 

The FAA is considering an 

amendment to Title 14 Code of Federal 

Regulations (14 CFR) part 71, to 

establish Class E airspace extending 

upward from 700 feet (ft.) above the 

surface at Pt. Thompson, AK. Controlled 

airspace is necessary to accommodate 

two special IAPs developed for the Pt. 

Thompson Airport. They are the Area 

Navigation (RNAV) Global Positioning 

System (GPS) Runway (RWY) 4, 

Original, and the RNAV (GPS) RWY 22, 

Original. The textual ODP is unnamed. 

The FAA is proposing this action for the 

safety and management of IFR 

operations at the Pt. Thompson Airport, 

Pt. Thompson, AK. 

The Class E airspace areas designated 

as 700/1200 foot transition areas are 

published in paragraph 6005 in 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 

would be subsequently published in the 

Order. 

The FAA has determined that this 

proposed 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, 

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 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 proposes to establish Class E 

airspace at the Pt. Thompson Airport at 

Pt. Thompson, 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). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 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 August 27, 2009, and effective 

September 15, 2009, is to be amended 

as follows: 

* * * * * 

Paragraph 6005 Class E Airspace Extending 

Upward from 700 Feet or More Above the 

Surface of the Earth. 

* * * * * 

AAL AK E5 Point Thompson, AK [New] 

Pt. Thompson, Pt. Thompson Airport, AK 

(Lat. 70°10′52′′ N., long. 146°21′01′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.6-mile 

radius of the Pt. Thompson Airport, AK. 

* * * * * 

Issued in Anchorage, AK, on September 18, 

2009. 

Anthony M. Wylie, 

Manager, Alaska Flight Services Information 

Area Group. 

[FR Doc. E9–24174 Filed 10–6–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–0197; Airspace 

Docket No. 09–AAL–4] 

Proposed Establishment of Class E 

Airspace; Clarks Point, AK 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This action proposes to 

establish Class E airspace at the Clarks 

Point Airport at Clarks Point, AK. Two 

Standard Instrument Approach 

Procedures (SIAPs) are being developed 

for the Clarks Point Airport at Clarks 

Point, AK. Additionally, one textual 

Obstacle Departure Procedure (ODP) is 

being developed. Adoption of this 

proposal would result in establishing 

Class E airspace upward from 700 feet 

(ft.) and 1,200 ft. above the surface at the 

Clarks Point Airport at Clarks Point, AK. 

DATES: Comments must be received on 

or before November 23, 2009. 

ADDRESSES: Send comments on the 

proposal to the Docket Management 

Facility, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., West Building Ground 

Floor, Room W12–140, Washington, DC 

20590–0001. You must identify the 

docket number FAA–2009–0197/ 

Airspace Docket No. 09–AAL–4, at the 

beginning of your comments. You may 

also submit comments on the Internet at 

http://www.regulations.gov. You may 

review the public docket containing the 

proposal, any comments received, and 

any final disposition in person in the 

Dockets Office between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The Docket Office 

(telephone 1–800–647–5527) is on the 

plaza level of the Department of 

Transportation NASSIF Building at the 

above address. 

An informal docket may also be 

examined during normal business hours 

at the office of the Manager, Safety, 

Alaska Flight Service Operations, 

Federal Aviation Administration, 222 

West 7th Avenue, Box 14, Anchorage, 

AK 99513–7587. 

FOR FURTHER INFORMATION CONTACT: Gary 

Rolf, 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/. 


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Federal Register / Vol. 74, No. 193 / Wednesday, October 7, 2009 / Proposed Rules 51525 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested parties are invited to 

participate in this proposed rulemaking 

by submitting such written data, views, 

or arguments as they may desire. 

Comments that provide the factual basis 

supporting the views and suggestions 

presented are particularly helpful in 

developing reasoned regulatory 

decisions on the proposal. Comments 

are specifically invited on the overall 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects of the proposal. 

Communications should identify both 

docket numbers and be submitted in 

triplicate to the address listed above. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this notice must submit with those 

comments a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket No. FAA–2009–0197/Airspace 

Docket No. 09–AAL–4.’’ The postcard 

will be date/time stamped and returned 

to the commenter. 

All communications received on or 

before the specified closing date for 

comments will be considered before 

taking action on the proposed rule. The 

proposal contained in this notice may 

be changed in light of comments 

received. All comments submitted will 

be available for examination in the 

public docket both before and after the 

closing date for comments. A report 

summarizing each substantive public 

contact with FAA personnel concerned 

with this rulemaking will be filed in the 

docket. 

Availability of Notice of Proposed 

Rulemakings (NPRMs) 

An electronic copy of this document 

may be downloaded through the 

Internet at http://www.regulations.gov. 

Recently published rulemaking 

documents can also be accessed through 

the FAA’s Web page at http:// 

www.faa.gov/airports_airtraffic/ 

air_traffic/publications/ 

airspace_amendments/. 

Additionally, any person may obtain 

a copy of this notice by submitting a 

request to the Federal Aviation 

Administration, Office of Air Traffic 

Airspace Management, ATA–400, 800 

Independence Avenue, SW., 

Washington, DC 20591 or by calling 

(202) 267–8783. Communications must 

identify both docket numbers for this 

notice. Persons interested in being 

placed on a mailing list for future 

NPRM’s should contact the FAA’s 

Office of Rulemaking, (202) 267–9677, 

to request a copy of Advisory Circular 

No. 11–2A, Notice of Proposed 

Rulemaking Distribution System, which 

describes the application procedure. 

The Proposal 

The FAA is considering an 

amendment to Title 14 Code of Federal 

Regulations (14 CFR) part 71, which 

would establish Class E airspace at the 

Clarks Point Airport, Clarks Point, AK. 

The intended effect of this proposal is 

to establish Class E airspace upward 

from 700 ft. and 1,200 ft. above the 

surface to contain Instrument Flight 

Rules (IFR) operations at the Clarks 

Point Airport, Clarks Point, AK. 

The FAA Instrument Flight 

Procedures Production and 

Maintenance Branch has created two 

new SIAPs for the Clarks Point Airport 

and one textual ODP. The SIAPs are (1) 

the Area Navigation (RNAV) Global 

Positioning System (GPS) Runway 

(RWY) 18, Original and (2) the RNAV 

(GPS) RWY 36, Original. Textual ODPs 

are unnamed and are published in the 

front of the U.S. Terminal Procedures 

for Alaska. Class E controlled airspace 

extending upward from 700 ft. and 

1,200 ft. above the surface in the Clarks 

Point Airport area would be established 

by this action. The proposed airspace is 

sufficient in size to contain aircraft 

executing the instrument procedures at 

the Clarks Point Airport, Clarks Point, 

AK. 

The Class E airspace areas designated 

as 700/1,200 foot transition areas are 

published in paragraph 6005 in 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 

would be subsequently published in the 

Order. 

The FAA has determined that this 

proposed 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, 

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 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 proposes to establish Class E 

airspace at Clarks Point Airport, Clarks 

Point, 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). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 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 to be amended 

as follows: 

* * * * * 

Paragraph 6005 Class E Airspace Extending 

Upward from 700 Feet or More Above the 

Surface of the Earth. 

* * * * * 

AAL AK E5 Clarks Point, AK [New] 

Clarks Point Airport, Clarks Point, AK 

(Lat. 58°50′01′′ N., long. 158°31′46′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.3-mile 

radius of the Clarks Point Airport, AK; and 

that airspace extending upward from 1,200 

feet above the surface within a 73-mile radius 

of the Clarks Point Airport, AK. 

* * * * * 


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51526 Federal Register / Vol. 74, No. 193 / Wednesday, October 7, 2009 / Proposed Rules 

Issued in Anchorage, AK, on September 18, 

2009. 

Anthony M. Wylie, 

Manager, Alaska Flight Services Information 

Area Group. 

[FR Doc. E9–24179 Filed 10–6–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of the Census 

15 CFR Part 90 

[Docket Number 0908171239–91239–01] 

RIN 0607–AA49 

Temporary Suspension of the 

Population Estimates and Income 

Estimates Challenge Programs 

AGENCY: Bureau of the Census, 

Department of Commerce. 

ACTION: Notice of proposed rulemaking; 

request for comments. 

SUMMARY: This document provides 

notice to state and local governments 

and to federal agencies that, beginning 

on January 1, 2010, the Bureau of the 

Census (Census Bureau) proposes to 

temporarily suspend the Population 

Estimates Challenge Program and to 

indefinitely suspend the Per Capita 

Income Estimates Challenge Program 

(also known as Procedure for 

Challenging Certain Population and 

Income Estimates) during the decennial 

census year and the year following it to 

accommodate the taking of the 2010 

Census. During this time, the Census 

Bureau would not provide the 

operations necessary to review the July 

1, 2009, population or per capita income 

estimates for state, and other generalpurpose governments, such as cities, 

towns, and villages. The Population 

Estimates Challenge Program is 

expected to resume in 2012 as the 

program begins operations based upon 

the results of the 2010 Census. The Per 

Capita Income Estimates Challenge 

Program would be suspended until a 

rulemaking can be initiated to remove 

those regulations from the Code of 

Federal Regulations. 

DATES: Comments must be received by 

November 6, 2009. 

ADDRESSES: Comments may be 

submitted through any of the following 

methods: 

• Federal eRulemaking Portal: 

www.Regulations.gov 

• Mail: Mr. Rodger Johnson, 

Population Division, Bureau of the 

Census, Washington, DC 20233. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Rodger Johnson, Population Division, 

Bureau of the Census, Washington, DC 

20233, telephone (301) 763–2461, e-mail 

at rodger.v.johnson@census.gov. 

SUPPLEMENTARY INFORMATION: The 

Census Bureau first adopted procedures 

for initiating informal challenges to 

certain population or per capita income 

estimates prepared by the Census 

Bureau in 1979 by amending Title 15 of 

the Code of Federal Regulations (CFR) to 

provide for a new Part 90 (44 FR 20646). 

These regulations were needed to 

standardize and codify procedures and 

to extend to the state or local 

government the right to a hearing prior 

to a final determination of the 

challenged estimate by the Director of 

the Census Bureau. Legal authority for 

the challenge procedures remains 13 

U.S.C. 4, which provides in pertinent 

part, that the Secretary may issue rules 

and regulations as he deems necessary 

to carry out his functions and duties 

under Title 13. 

The Census Bureau prepares estimates 

of total population and per capita 

income for states and units of local 

government for the period between 

decennial censuses. States, counties, 

and other units of general-purpose 

government may initiate informal 

challenges to population and per capita 

income estimates under the procedures 

set forth in 15 CFR Part 90. Under the 

regulations, a challenge is defined as 

‘‘the process of objecting to or calling 

into question the Census Bureau’s 

population or per capita income 

estimates of a state or unit of local 

government.’’ Government entities are 

given 180 days after the release of the 

population or per capita income 

estimates to initiate an informal 

challenge. If the challenge cannot be 

resolved informally, the government 

submitting the challenge can choose to 

file a formal challenge (15 CFR 90.9), 

which is resolved in a hearing that is 

held at the Census Bureau and presided 

over by a hearing officer that is 

appointed by the Census Bureau 

Director. 

As is done for other intercensal 

programs, the Census Bureau hereby 

notifies the public that it proposes to 

suspend the Population Estimates 

Challenge Program after the resolution 

of all challenges to the 2008 population 

estimates, which should occur by 

January 1, 2010. The Census Bureau will 

release the 2009 population estimates in 

2010, however, the Census Bureau 

would not accept challenges to the 2009 

estimates. 

The Population Estimates Challenge 

Program would resume in 2012 after the 

Census Bureau concludes its 

responsibilities in the conduct of the 

decennial census. During the period 

when the program is suspended, the 

Census Bureau will be conducting 

demographic analysis of the 2010 

Census, evaluating the results of the 

2010 Census in comparison with the 

population estimates, conducting 

research to enhance the estimates and 

challenge programs and integrating the 

updates from the 2010 Census into the 

estimates program after the 2010 

Census. 

After the conduct of the decennial 

census, the Census Bureau would 

resume accepting challenges to the 

population estimates by publishing in 

the Federal Register a notice that 

announces the date when it will begin 

to accept challenges. The Census Bureau 

would accept challenges beginning with 

the 2011 population estimates. The 2011 

population estimates are based upon the 

2010 Census and are scheduled for 

release in 2012. 

Suspending the Population Estimates 

Challenge Program is a necessary action 

in order to ensure that sufficient 

resources are allocated to the conduct of 

the decennial census, allowing the 

Census Bureau’s Population Division 

staff to effectively evaluate the 2010 

census results. 

In addition, the Census Bureau 

notifies the public that it will also 

suspend the Per Capita Income 

Estimates Challenge Program, which are 

codified in the same part as the 

Population Estimates Challenge 

Program. This program has not been 

active since the general revenue sharing 

program ended in 1986, along with its 

requirement for per capita income 

estimates, and thus it has been 

determined to suspend the program 

indefinitely. The Census Bureau will 

undertake a rulemaking action in the 

near future to remove these regulations 

from the Code of Federal Regulations. 

Classification 

Executive Order 12866: It has been 

determined that this notice is not 

significant for purposes of E.O. 12866. 

Executive Order 13132: It has been 

determined that this notice does not 

contain policies with federalism 

implications as that term is defined in 

EO 13132. 

Regulatory Flexibility Act: The Chief 

Counsel for Regulations certified to the 

Chief Counsel for Advocacy that this 

rule, if implemented, would not have a 

significant economic impact on a 

substantial number of small entities. 

The entities that would be impacted by 

this rule are all States, counties, and 

other units of general-purpose 

government. Section 601(5) of the 

Regulatory Flexibility Act defines small 


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