Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Rules and Regulations 32269 

where the FAA believes that there will 

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. 2010–13637 Filed 6–7–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2010–0080; Airspace 

Docket No. 10–AAL–2] 

Revision of Class E Airspace; 

Wainwright, AK 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action revises Class E 

airspace at Wainwright, AK, to 

accommodate amended Standard 

Instrument Approach Procedures 

(SIAPs), and one new Obstacle 

Departure Procedure (ODP) at 

Wainwright Airport. The FAA is taking 

this action to enhance safety and 

management of Instrument Flight Rules 

(IFR) operations at Wainwright Airport. 

DATES: Effective 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, March 11, 2010, the 

FAA published a notice of proposed 

rulemaking in the Federal Register to 

revise Class E airspace at Wainwright, 

AK (75 FR 11480). 

Interested parties were invited to 

participate in this rulemaking 

proceeding by submitting written 

comments on the proposal to the FAA. 

One comment was received. Refer to 

Figure 1 below to see the affected 

airspace. The commenter agreed with 

the 700 foot requirement, but asked why 

the 1,200 foot controlled airspace had to 

extend 70 miles from the airport, and 

disagreed with the proposal by 

questioning the need to extend that 

distance. The commenter asserted that if 

he were not able to contact the clearance 

authority, it would be illegal and unsafe 

to fly in controlled airspace under IFR 

without a clearance. The 70-mile 

requirement is based on Area 

Navigation (RNAV) instrument 

approach requirements based on what 

are called Terminal Arrival Areas 

(TAAs). A typical approach is designed 

to begin at the Initial Approach Fix 

(IAF) approximately 30 miles from the 

airport. The air traffic control’s 

controlled airspace requirement begins 

another 30 miles outside the IAF. In this 

case, the extension requires a 70-mile 

radius. Additionally, the commenter 

asserted that flights out to 70 miles in 

this area are in Class G airspace. In fact, 

only a small portion of Class G would 

be converted to Class E (approximately 

5–10% of the area). The remainder is 

already 1,200 foot Class E airspace 

associated with airport IFR service at 

Barrow, Point Lay, and Atqasuk. TAA’s 

in Alaska are good for pilots where nonradar operations are common. They 

essentially allow the arrival to be 

reduced to no more than two 90 degree 

turns to final, without extended nonradar clearances for excessive distances. 

The trade off in this case is less Class 

G airspace. However, even in Alaska, 

the Class G airspace is being converted 

to Class E where other TAAs have been 

published, and is quickly becoming 

unusable for any great distance. 

Regarding safety, the commenter is 

correct. Should he encounter 

inadvertent Instrument Meteorological 

Conditions (IMC) and have to climb to 

remain clear of clouds, he would have 

to either turn to remain VMC or declare 

an emergency, as he would anywhere 

else in the country. His comments are 

reasonable and thoughtful, and we 

appreciate his participation in this 

process. However, after consideration of 

the comment, the rule is adopted as 

proposed. 

Figure 1 


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32270 Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Rules and Regulations 

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 action amends Title 14 Code of 

Federal Regulations (14 CFR) part 71 by 

revising Class E airspace at Wainwright 

Airport, AK, to accommodate amended 

RNAV SIAPs, and a new ODP at 

Wainwright Airport. This Class E 

airspace will provide adequate 

controlled airspace upward from 700 

and 1,200 feet above the surface for 

safety and management of IFR 

operations at Wainwright 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. 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 

Wainwright 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). 


srobinson on DSKHWCL6B1PROD with RULESER08JN10.000</GPH>
Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Rules and Regulations 32271 

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; 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 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 Wainwright, AK [Revised] 

Wainwright Airport, AK 

(Lat. 70°38′17′′ N., long. 159°59′41′′ W.) 

That airspace extending upward from 700 

feet above the surface within an 8.5-mile 

radius of the Wainwright Airport, AK; and 

that airspace extending upward from 1,200 

feet above the surface within a 73-mile radius 

of the Wainwright Airport, AK, excluding 

that portion extending outside the Anchorage 

Arctic CTA/FIR (PAZA) boundary. 

* * * * * 

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

Michael A. Tarr, 

Acting Manager, Alaska Flight Services 

Information Area Group. 

[FR Doc. 2010–13624 Filed 6–7–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2010–0081; Airspace 

Docket No. 10–AAL–3] 

Revision of Class E Airspace; Nenana, 

AK 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action revises Class E 

airspace at Nenana, AK, to 

accommodate amended Area Navigation 

(RNAV) Standard Instrument Approach 

Procedures (SIAPs), and one Obstacle 

Departure Procedure (ODP) at Nenana 

Municipal Airport. The FAA is taking 

this action to enhance safety and 

management of Instrument Flight Rules 

(IFR) operations at Nenana Municipal 

Airport. 

DATES: Effective 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, March 11, 2010, the 

FAA published a notice of proposed 

rulemaking in the Federal Register to 

revise Class E airspace at Nenana, AK 

(75 FR 11481). 

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 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 action amends Title 14 Code of 

Federal Regulations (14 CFR) part 71 by 

revising Class E airspace at Nenana 

Municipal Airport, AK, to accommodate 

amended RNAV SIAPs, and an ODP at 

Nenana Municipal Airport. This Class E 

airspace will provide adequate 

controlled airspace upward from 700 

and 1,200 feet above the surface for 

safety and management of IFR 

operations at Nenana Municipal 

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. 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 Nenana Municipal 

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; 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 Federal Aviation 

Administration Order 7400.9T, Airspace 

Designations and Reporting Points, 

signed August 27, 2009, and effective 

September 15, 2009, is amended as 

follows: 


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