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[Federal Register: January 18, 2011 (Volume 76, Number 11)]
[Rules and Regulations]               
[Page 2801-2802]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18ja11-4]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2010-1191; Airspace Docket No. 10-AAL-22]

 
Revocation and Establishment of Compulsory Reporting Points; 
Alaska

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action removes and establishes high altitude Alaskan 
compulsory reporting points in the vicinity of the United States (U.S.) 
and Canadian border. Specifically, the FAA is removing BORAN and 
establishing the TOVAD reporting point.

DATES: Effective date 0901 UTC, May 5, 2011. 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: Ken McElroy, Airspace Regulation and 
ATC Procedures Group, Office of Mission Support Services, Federal 
Aviation Administration, 800 Independence Avenue, SW., Washington, DC 
20591; telephone: (202) 267-8783.

SUPPLEMENTARY INFORMATION:

History

    The FAA was notified November 30, 2010, that Canadian Authorities 
had removed the BORAN intersection and established the TOVAD 
intersection as a compulsory reporting point on the U.S./Canada border 
effective November 18, 2010. This action is in response to those 
changes. Accordingly, since this is an administrative change and does 
not affect the boundaries, altitudes, or operating requirements of the 
airspace, notice and public procedures under Title 5 U.S.C. 553(b) are 
unnecessary.

The Rule

    The FAA amends Title 14 Code of Federal Regulations (14 CFR) part 
71 by removing the BORAN reporting point and establishing the TOVAD 
Compulsory Reporting Point on the U.S./Canadian border.
    Alaskan High Altitude Reporting Points are listed in paragraph 7005 
of FAA Order 7400.9U dated August 18, 2010, and effective September 15, 
2010, which is incorporated by reference in 14 CFR 71.1. The Reporting 
Points listed in this document will be revised subsequently in the 
Order.
    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 Department of Transportation (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 I, 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 the 
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 amends High Altitude Compulsory Reporting Points in Alaska.

Environmental Review

    The FAA has determined that this action qualifies for categorical 
exclusion under the National Environmental Policy Act in accordance 
with 311a, FAA Order 1050.1E, ``Environmental

[[Page 2802]]

Impacts: Policies and Procedures.'' This airspace action is not 
expected to cause any potentially significant environmental impacts, 
and no extraordinary circumstances exist that warrant preparation of an 
environmental assessment.

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, B, C, D, AND E AIRSPACE AREAS; AIR 
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 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 71.1 of FAA Order 7400.9U, 
Airspace Designations and Reporting Points, signed August 18, 2010, and 
effective September 15, 2010, is amended as follows:

Paragraph 7005 Alaskan High Altitude Reporting Points.

* * * * *

BORAN, AK [Removed]

* * * * *

TOVAD, AK [New]

    Issued in Washington, DC on January 7, 2011.
Edith V. Parish,
Manager, Airspace Regulation and ATC Procedures Group.
[FR Doc. 2011-827 Filed 1-14-11; 8:45 am]
BILLING CODE 4910-13-P
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