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###### Department of Transportation

###### Federal Aviation Administration 

          - 14 CFR Part 71 
          - [Docket No. FAA-2007-27222; Airspace Docket No. 07-AAL-02] 

# AGENCY:

Federal Aviation Administration (FAA), DOT. 

# ACTION:

Final rule.

# SUMMARY:

This action revises Class E airspace at Port Heiden, AK to provide adequate controlled airspace to contain aircraft executing Standard Instrument Approach Procedures (SIAPs). Two new Standard Instrument Approach Procedures (SIAPs) are being developed, and two procedures are being amended for the Port Heiden Airport. A Departure Procedure (DP) is also being amended. This action revises existing Class E airspace upward from 700 feet (ft.) and 1,200 ft. above the surface at Port Heiden Airport, Port Heiden, AK. 

# DATES:

*Effective Date:*                         0901 UTC, July 5, 2007. 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: Internet address:                         *http://www.alaska.faa.gov/​at.*

# SUPPLEMENTARY INFORMATION:

## History 

On Friday, March 16, 2007, the FAA proposed to amend part 71 of the Federal Aviation Regulations (14 CFR part 71) to revise Class E airspace upward from the surface, from 700 ft. above the surface and from 1,200 ft. above the surface at Port Heiden, AK (72 FR 12579). The action was proposed in order to create Class E airspace sufficient in size to contain aircraft while executing SIAPs for the Port Heiden Airport. Class E controlled airspace extending upward from 700 ft. above the surface and from 1,200 ft. above the surface, in the Port Heiden Airport area is revised by this action. 

Interested parties were invited to participate in this rulemaking proceeding by submitting written comments on the proposal to the FAA. One comment was received endorsing the action. The rule is adopted as proposed. 

                    The area will be depicted on aeronautical charts for pilot reference. The coordinates for this airspace docket are based on North American Datum 83. The Class E airspace areas designated as 700/1,200 ft. transition areas are published in paragraph 6005 of FAA Order 7400.9P,                     *Airspace Designations and Reporting Points*, dated September 1, 2006, and effective September 15, 2006, 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 revises Class E airspace at the Port Heiden Airport, Alaska. This Class E airspace is revised to accommodate aircraft executing new and amended DPs and SIAPs, and will be depicted on aeronautical charts for pilot reference. The intended effect of this rule is to provide adequate controlled airspace for IFR operations at the Port Heiden Airport, Port Heiden, Alaska. 

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 Port Heiden 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 

2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9P, Airspace Designations and Reporting Points, dated September 1, 2006, and effective September 15, 2006, is amended as follows: 

* * * * *
      ( print page 27054)    

### Paragraph 6005 Class E Airspace Extending Upward From 700 Feet or More Above the Surface of the Earth. 

* * * * *

## AAL AK E5 Port Heiden, AK [Revised] 

Port Heiden Airport, AK 

(Lat. 56°57′33′′ N., long. 158°38′00′′ W.) 

Port Heiden NDB 

(Lat. 56°57′14′′ N., long. 158°38′56′′ W.) 

That airspace extending upward from 700 feet above the surface within a 6.8-mile radius of the Port Heiden Airport, AK, and within 4 miles north and 8 miles south of the 248° bearing of the Port Heiden NDB, AK, extending from the Port Heiden NDB to 20 miles west of the NDB, and within 4 miles east and 8 miles west of the 339° bearing of the Port Heiden NDB, AK, extending from the Port Heiden NDB to 20 miles north of the NDB, and that airspace extending upward from 1,200 feet above the surface within a 73-mile radius of the Port Heiden NDB, AK.

* * * * *

Issued in Anchorage, AK, on May 3, 2007. 

Anthony M. Wylie, 

Manager, Alaska Flight Services Information Area Group. 

[FR Doc. E7-9155 Filed 5-11-07; 8:45 am] 

BILLING CODE 4910-13-P