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[Federal Register: April 1, 2010 (Volume 75, Number 62)]
[Rules and Regulations]               
[Page 16333]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01ap10-6]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-0802; Airspace Docket No. 09-AGL-22]

 
Establishment of Class E Airspace; Kindred, ND

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class E airspace for Kindred, ND to 
accommodate Area Navigation (RNAV) Standard Instrument Approach 
Procedures (SIAPs) at Hamry Field Airport, Kindred, ND. The FAA is 
taking this action to enhance the safety and management of Instrument 
Flight Rule (IFR) operations at the airport.

DATES:  Effective Date 0901 UTC, June 3, 2010. 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: Scott Enander, Central Service Center, 
Operations Support Group, Federal Aviation Administration, Southwest 
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone (817) 321-
7716.

SUPPLEMENTARY INFORMATION:

History

    On January 25, 2010, the FAA published in the Federal Register a 
notice of proposed rulemaking to establish Class E airspace for 
Kindred, ND, creating controlled airspace at Hamry Field Airport (75 FR 
3880) Docket No. FAA-2009-0802. 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 6005 of FAA Order 7400.9T 
signed August 27, 2009, 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 
the Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR) 
Part 71 by establishing Class E airspace extending upward from 700 feet 
above the surface to accommodate SIAPs at Hamry Field Airport, Kindred, 
ND. This action is necessary for the safety and management of IFR 
operations at the airport.
    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, 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 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 Hamry Field Airport, Kindred, 
ND.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

0
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

0
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.


Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR Part 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 6005 Class E airspace areas extending upward from 700 
feet or more above the surface.

* * * * *

AGL ND E5 Kindred, ND [New]

Hamry Field Airport, ND
    (Lat. 46[deg]38[min]55[sec] N., long. 96[deg]59[min]56[sec] W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.3-mile radius of Hamry Field Airport.

    Issued in Fort Worth, Texas, on March 16, 2010.
Anthony D. Roetzel,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2010-6806 Filed 3-31-10; 8:45 am]
BILLING CODE 4910-13-P
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