66854 Federal Register / Vol. 76, No. 209 / Friday, October 28, 2011 / Rules and Regulations 

Dated: October 24, 2011. 

Kevin W. Concannon, 

Under Secretary, Food, Nutrition, and 

Consumer Services. 

[FR Doc. 2011–27933 Filed 10–27–11; 8:45 am] 

BILLING CODE 3410–30–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2011–0759; Airspace 

Docket No. 11–AAL–12] 

Amendment of Class E Airspace; 

Nuiqsut, AK 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action revises Class E 

airspace at Nuiqsut, AK, to 

accommodate the amendment of two 

standard instrument approach 

procedures at the Nuiqsut Airport. The 

FAA is taking this action to enhance 

safety and management of Instrument 

Flight Rules (IFR) operations at the 

Nuiqsut Airport. The action also adjusts 

the coordinates for the Nuiqsut Airport. 

DATES: Effective 0901 UTC, December 

15, 2011. 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: 

Martha Dunn, AAL–538G, Federal 

Aviation Administration, 222 West 7th 

Avenue, Box 14, Anchorage, AK 99513– 

7587; telephone number: (907) 271– 

5898; fax: (907) 271–2850; email: 

Martha.ctr.Dunn@faa.gov. Internet 

address: http://www.faa.gov/about/ 

office_org/headquarters_offices/ato/ 

service_units/systemops/fs/alaskan/ 

rulemaking/. 

SUPPLEMENTARY INFORMATION: 

History 

On Wednesday, August 10, 2011, the 

FAA published a notice of proposed 

rulemaking (NPRM) in the Federal 

Register to revise Class E airspace at 

Nuiqsut, AK (76 FR 49386). 

Interested parties were invited to 

participate in this rulemaking 

proceeding by submitting written 

comments on the proposal to the FAA. 

No comments were received, but the 

FAA determined that the 1200 ft 

transition airspace overlies Control 

1485L and that airspace should have 

been excluded from the rule. This action 

corrects that error. The FAA also noted 

that the coordinates published for the 

Nuiqsut Airport were outdated and they 

are corrected in this action. 

Class E5 airspace designated as 700 

and 1200 foot transition areas are 

published in FAA Order 7400.9V, 

Airspace Designations and Reporting 

Points, signed September 9, 2011, and 

effective September 15, 2011 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. 

With the exception of editorial changes, 

this rule is the same as that proposed in 

the NPRM. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) part 71 by 

revising Class E airspace at the Nuiqsut 

Airport, Nuiqsut, AK, to accommodate 

the amendment of a two standard 

instrument approach procedures. The 

Class E airspace provides adequate 

controlled airspace extending upward 

from 700 and 1,200 feet above the 

surface is necessary for the safety and 

management of IFR operations at the 

airport. The action also revises the 

geographic coordinates for the Nuiqsut 

Airport to be in concert with the FAA’s 

aeronautical database. 

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 Nuiqsut 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, 

B, C, D, AND 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 7400.9V, 

Airspace Designations and Reporting 

Points, signed September 9, 2011, and 

effective September 15, 2011, 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 Nuiqsut AK [Revised] 

Nuiqsut Airport, AK 

(Lat. 70°12′35′′ N., long. 151°00′23′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.4-mile 

radius of the Nuiqsut Airport, AK and that 

airspace extending upward from 1,200 feet 

above the surface within a 73-mile radius of 

the Nuiqsut Airport, AK, excluding that 

airspace which overlies Control 1485L. 

Issued in Anchorage, AK, on October 14, 

2011. 

Marshall G. Severson, 

Acting Manager, Alaska Flight Services. 

[FR Doc. 2011–27806 Filed 10–27–11; 8:45 am] 

BILLING CODE 4910–13–P 


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