32652 Federal Register / Vol. 75, No. 110 / Wednesday, June 9, 2010 / Rules and Regulations 

be no adverse public comment. This 

direct final rule advised the public that 

no adverse comments were anticipated, 

and that unless a written adverse 

comment, or a written notice of intent 

to submit such an adverse comment, 

were received within the comment 

period, the regulation would become 

effective on June 3, 2010. No adverse 

comments were received, and thus this 

notice confirms that effective date. 

Issued in College Park, Georgia, on May 27, 

2010. 

Barry A. Knight, 

Acting Manager, Operations Support Group 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. 2010–13636 Filed 6–8–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2010–0502; Airspace 

Docket No. 10–AAL–15] 

Revocation and Establishment of 

Class E Airspace; Nuiqsut, AK 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action removes and 

establishes Class E airspace on the north 

slope of Alaska near Nuiqsut, AK, to 

provide controlled airspace to contain 

aircraft executing special Instrument 

Approach Procedures (IAPs) at two 

heliport facitities, Pioneer Heliport 

(AA27), Nuiqsut, AK, and Oooguruk 

Island Heliport (AK32), Nuiqsut, AK, 

both formerly known as Oooguruk Drill 

Site and Oooguruk Tie-in Helipads, 

respectively. The FAA is taking this 

action to enhance the safety and 

management of Instrument Flight Rules 

(IFR) operations at the Pioneer and 

Oooguruk Island Heliports, AK. 

DATES: Effective Date: 0901 UTC, July 

29, 2010. 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 Thursday September 3, 2009, the 

FAA amended Title 14 Code 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 privately 

owned heliport facilities at Oooguruk, 

AK (74 FR 45554). The two heliports 

were named ‘‘Oooguruk Drill Site 

Helipad’’ and ‘‘Oooguruk Tie-in 

Helipad’’. Subsequent to publication, the 

FAA gained further knowledge that the 

two heliports are actually named 

‘‘Pioneer Heliport’’ and ‘‘Oooguruk 

Island Heliport’’ and should be 

associated with the town of Nuiqsut (the 

closest nearby). This administrative 

action is being taken without public 

comment as it is a simple administrative 

change only, and will not affect the 

defined controlled airspace other than 

by name change and minor edit to 

unnecessary exclusion wording. The 

airspace exclusion currently associated 

with Restricted Area 2204 is 

unnecessary. Class E and Restricted 

airspace are mutually exclusive, so the 

exclusion wording is being removed. 

Class E controlled airspace extending 

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

the surface in the Pioneer and Oooguruk 

Island Heliport areas are removed and 

established by this action. 

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 extending 

700 and 1,200 feet above the surface at 

Pioneer and Oooguruk Island Heliports, 

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. 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 heliports at Pioneer Heliport, AK, 

and Oooguruk Island Heliport, 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 7400.9T, 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. 

* * * * * 


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Federal Register / Vol. 75, No. 110 / Wednesday, June 9, 2010 / Rules and Regulations 32653 

AAL AK E5 Oooguruk Drill Site Helipad, 

AK [Removed] 

* * * * * 

AAL AK E5 Nuiqsut, Oooguruk Island 

Heliport, AK [New] 

Oooguruk Island Heliport, 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 Island Heliport, AK; and 

that airspace extending upward from 1,200 

feet above the surface within a 73-mile radius 

of the Oooguruk Island Heliport, AK. 

* * * * * 

AAL AK E5 Oooguruk Tie-in Helipad, AK 

[Removed] 

* * * * * 

AAL AK E5 Nuiqsut, Pioneer Heliport, AK 

[New] 

Pioneer Heliport, 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 Pioneer Heliport, AK; and that airspace 

extending upward from 1,200 feet above the 

surface within a 73-mile radius of the Pioneer 

Heliport, AK. 

Issued in Anchorage, AK, on May 26, 2010. 

Michael A. Tarr, 

Acting Manager, Alaska Flight Services 

Information Area Group. 

[FR Doc. 2010–13545 Filed 6–8–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 97 

[Docket No. 30727; Amdt. No. 3376] 

Standard Instrument Approach 

Procedures, and Takeoff Minimums 

and Obstacle Departure Procedures; 

Miscellaneous Amendments 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This establishes, amends, 

suspends, or revokes Standard 

Instrument Approach Procedures 

(SIAPs) and associated Takeoff 

Minimums and Obstacle Departure 

Procedures for operations at certain 

airports. These regulatory actions are 

needed because of the adoption of new 

or revised criteria, or because of changes 

occurring in the National Airspace 

System, such as the commissioning of 

new navigational facilities, adding new 

obstacles, or changing air traffic 

requirements. These changes are 

designed to provide safe and efficient 

use of the navigable airspace and to 

promote safe flight operations under 

instrument flight rules at the affected 

airports. 

DATES: This rule is effective June 9, 

2010. The compliance date for each 

SIAP, associated Takeoff Minimums, 

and ODP is specified in the amendatory 

provisions. 

The incorporation by reference of 

certain publications listed in the 

regulations is approved by the Director 

of the Federal Register as of June 9, 

2010. 

ADDRESSES: Availability of matters 

incorporated by reference in the 

amendment is as follows: 

For Examination— 

1. FAA Rules Docket, FAA 

Headquarters Building, 800 

Independence Avenue, SW., 

Washington, DC 20591; 

2. The FAA Regional Office of the 

region in which the affected airport is 

located; 

3. The National Flight Procedures 

Office, 6500 South MacArthur Blvd., 

Oklahoma City, OK 73169; or 

4. The National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/ 

federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Availability—All SIAPs and Takeoff 

Minimums and ODPs are available 

online free of charge. Visit http:// 

www.nfdc.faa.gov to register. 

Additionally, individual SIAP and 

Takeoff Minimums and ODP copies may 

be obtained from: 

1. FAA Public Inquiry Center (APA– 

200), FAA Headquarters Building, 800 

Independence Avenue, SW., 

Washington, DC 20591; or 

2. The FAA Regional Office of the 

region in which the affected airport is 

located. 

FOR FURTHER INFORMATION CONTACT: 

Harry J. Hodges, Flight Procedure 

Standards Branch (AFS–420), Flight 

Technologies and Programs Divisions, 

Flight Standards Service, Federal 

Aviation Administration, Mike 

Monroney Aeronautical Center, 6500 

South MacArthur Blvd., Oklahoma City, 

OK 73169 (Mail Address: P.O. Box 

25082, Oklahoma City, OK 73125) 

Telephone: (405) 954–4164. 

SUPPLEMENTARY INFORMATION: This rule 

amends Title 14 of the Code of Federal 

Regulations, Part 97 (14 CFR part 97), by 

establishing, amending, suspending, or 

revoking SIAPS, Takeoff Minimums 

and/or ODPS. The complete regulators 

description of each SIAP and its 

associated Takeoff Minimums or ODP 

for an identified airport is listed on FAA 

form documents which are incorporated 

by reference in this amendment under 5 

U.S.C. 552(a), 1 CFR part 51, and 14 

CFR part 97.20. The applicable FAA 

Forms are FAA Forms 8260–3, 8260–4, 

8260–5, 8260–15A, and 8260–15B when 

required by an entry on 8260–15A. 

The large number of SIAPs, Takeoff 

Minimums and ODPs, in addition to 

their complex nature and the need for 

a special format make publication in the 

Federal Register expensive and 

impractical. Furthermore, airmen do not 

use the regulatory text of the SIAPs, 

Takeoff Minimums or ODPs, but instead 

refer to their depiction on charts printed 

by publishers of aeronautical materials. 

The advantages of incorporation by 

reference are realized and publication of 

the complete description of each SIAP, 

Takeoff Minimums and ODP listed on 

FAA forms is unnecessary. This 

amendment provides the affected CFR 

sections and specifies the types of SIAPs 

and the effective dates of the, associated 

Takeoff Minimums and ODPs. This 

amendment also identifies the airport 

and its location, the procedure, and the 

amendment number. 

The Rule 

This amendment to 14 CFR part 97 is 

effective upon publication of each 

separate SIAP, Takeoff Minimums and 

ODP as contained in the transmittal. 

Some SIAP and Takeoff Minimums and 

textual ODP amendments may have 

been issued previously by the FAA in a 

Flight Data Center (FDC) Notice to 

Airmen (NOTAM) as an emergency 

action of immediate flight safety relating 

directly to published aeronautical 

charts. The circumstances which 

created the need for some SIAP and 

Takeoff Minimums and ODP 

amendments may require making them 

effective in less than 30 days. For the 

remaining SIAPS and Takeoff 

Minimums and ODPS, an effective date 

at least 30 days after publication is 

provided. 

Further, the SIAPs and Takeoff 

Minimums and ODPS contained in this 

amendment are based on the criteria 

contained in the U.S. Standard for 

Terminal Instrument Procedures 

(TERPS). In developing these SIAPS and 

Takeoff Minimums and ODPs, the 

TERPS criteria were applied to the 

conditions existing or anticipated at the 

affected airports. Because of the close 

and immediate relationship between 

these SIAPs, Takeoff Minimums and 

ODPs, and safety in air commerce, I find 

that notice and public procedures before 

adopting these SIAPS, Takeoff 

Minimums and ODPs are impracticable 

and contrary to the public interest and, 


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