8740 Federal Register / Vol. 74, No. 37 / Thursday, February 26, 2009 / Rules and Regulations 

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 

they are editorial revisions to reflect 

name changes and updates the 

coordinates of the facilities. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with 311d., 

FAA Order 1050.1E, ‘‘Environmental 

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 

■ 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 the FAA Order 7400.9S, 

Airspace Designations and Reporting 

Points, signed October 3, 2008, and 

effective October 31, 2008 is amended 

as follows: 

Paragraph 5000 Class D airspace areas. 

* * * * * 

AWP GU D Guam Island, GU [Remove] 

Guam Island Andersen AFB, GU 

* * * * * 

AWP GU D Andersen AFB, GU [New] 

Yigo, Andersen AFB, GU 

(Lat. 13°35′02′′ N., long. 144°55′48′′ E.) 

That airspace extending upward from the 

surface to and including 2,600 feet MSL 

within a 4.3-mile radius of Andersen AFB. 

* * * * * 

AWP GU D Guam International Airport, 

GU [Remove] 

Guam International Airport, GU 

* * * * * 

AWP GU D Guam International Airport, 

GU [New] 

Tiyan, Guam International Airport, GU 

(Lat. 13°29′02′′ N., long. 144°47′50′′ E.) 

That airspace extending upward from the 

surface to and including 2,600 feet MSL 

within a 4.3-mile radius of Guam 

International Airport. 

* * * * * 

AWP CQ D Saipan Island, CQ [Amend] 

Saipan International Airport, CQ 

(Lat. 15°07′08′′ N., long. 145°43′46′′ E.) 

That airspace extending upward from the 

surface to and including 2,700 feet MSL 

within a 4.3-mile radius of Saipan 

International Airport. 

* * * * * 

Issued in Washington, DC, February 18, 

2009. 

Paul Gallant, 

Acting Manager, Airspace and Rules Group. 

[FR Doc. E9–3904 Filed 2–25–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2008–1334; Airspace 

Docket No. 08–ASO–21] 

Amendment of Class E Airspace; 

Roanoke Rapids, NC 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Class E 

Airspace at Roanoke Rapids, NC, to 

accommodate Standard Instrument 

Approach Procedures (SIAPs) at Halifax 

County Airport. The controlled airspace 

previously associated with this airport 

was removed in anticipation of the 

airport’s scheduled closure. The closure 

of Halifax County Airport has been 

delayed because the opening of its 

replacement, Halifax-Northampton 

Regional Airport, has been delayed. 

Controlled airspace is necessary for the 

safety and management of SIAPs and for 

Instrument Flight Rule (IFR) operations 

to the airport. 

DATES: Effective: 0901 UTC, February 

26, 2009. 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: 

Daryl Daniels, System Support Group, 

Eastern Service Center, Federal Aviation 

Administration, P.O. Box 20636, 

Atlanta, Georgia 30320; telephone (404) 

305–5581. 

SUPPLEMENTARY INFORMATION: 

History 

On July 18, 2008, the FAA published 

a final rule in the Federal Register 

removing Class E airspace at Halifax 

County Airport, Roanoke Rapids, NC, 

and establishing Class E airspace at the 

new Halifax-Northampton Regional 

Airport (73 FR 41255). The FAA has 

learned that the effective date was 

premature causing the removal of 

controlled airspace that is needed to 

support IFR operations at Halifax 

County Airport. This action restores that 

controlled Class E airspace required for 

IFR operations at Halifax County 

Airport. The Class E airspace that was 

established for the Halifax-Northampton 

Regional Airport remains in effect, 

although the airport is not expected to 

become operational until around March 

12, 2009. Designations for Class E 

airspace areas extending upward from 

700 feet or more above the surface of the 

earth are published in FAA Order 

7400.9S, signed October 3, 2008, and 

effective October 31, 2008, which is 

incorporated by reference in 14 CFR 

part 71.1. The Class E designations 

listed in this document will be 

published subsequently in the Order. 

In consideration of the need to 

provide and resume immediate IFR 

operations at Halifax County Airport 

until its closure, to avoid confusion on 

the part of the pilots because of the 

dates of Chart publications in the 

vicinity of Roanoke Rapids, NC, and to 

be consistent with the FAA’s safety 

mandate when an unsafe condition 

exists, the FAA finds that notice and 

public procedure under 5 U.S.C. 553(b) 

are impracticable and contrary to the 

public interest, and finds good cause 

pursuant to 5 U.S.C. 553(d), for making 

this imperative amendment effective in 

less than 30 days to promote the safe 

and efficient handling of air traffic in 

the area. 

Federal Register / Vol. 74, No. 37 / Thursday, February 26, 2009 / Rules and Regulations 8741 

The Rule 

This amendment to Title 14, Code of 

Federal Regulations (14 CFR) part 71 

amends Class E airspace at Roanoke 

Rapids, NC, to provide additional 

controlled airspace required to support 

the SIAPs for Halifax County Airport, 

Roanoke Rapids, NC. 

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 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 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 provides Class E airspace at Halifax 

County Airport, Roanoke Rapids, NC. 

Lists 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 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 7400.9S, Airspace 

Designations and Reporting Points, 

dated October 3, 2008, and effective 

October 31, 2008, is amended as 

follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

ASO NC E5 Roanoke Rapids, NC 

[AMENDED] 

Halifax-Northampton Regional Airport, NC 

(Lat. 36°19′47′′ N., long. 77°38′07′′ W.) 

Halifax County Airport, NC 

(Lat. 36°26′23′′ N., long. 77°42′34′′ W.) 

That airspace extending upward from 700 

feet above the surface of the Earth within a 

6.5-mile radius of Halifax-Northampton 

Regional Airport and that airspace within a 

7.0-mile radius of Halifax County Airport. 

* * * * * 

Issued in College Park, Georgia, on 

February 19, 2009. 

Barry A. Knight, 

Acting Manager, Operations Support Group, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. E9–4074 Filed 2–25–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2008–0897; Airspace 

Docket No. 08–AWP–9] 

RIN 2120–AA66 

Amendment of Class E Airspace; 

Guam Island, GU, and Saipan Island, 

CQ 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action removes, renames 

and expands the Class E airspace areas 

serving Guam International Airport, 

Anderson AFB and Saipan Island. 

Additionally, this action will revoke the 

Saipan Island Class E surface area since 

it is no longer required, and expands 

other controlled airspace areas to 

protect aircraft conducting instrument 

approaches to Saipan International 

Airport. The FAA is taking this action 

to enhance the safety and management 

of aircraft operations in the vicinity of 

the Northern Mariana Islands. 

DATES: Effective Date: 0901 UTC, May 7, 

2009. 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 and Rules Group, 

Office of System Operations Airspace 

and AIM, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

Background 

On December 10, 2008, the FAA 

published in the Federal Register a 

notice of proposed rulemaking (NPRM) 

to amend Class E Airspace in Guam and 

Saipan Island (73 FR 75011). Interested 

parties were invited to participate in 

this rulemaking effort by submitting 

written comments on this proposal. No 

comments were received in response to 

the NPRM. 

Class E airspace designations are 

published in paragraph 6005 of FAA 

Order 7400.9S signed October 3, 2008, 

and effective October 31, 2008, 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 

The FAA is amending Title 14 Code 

of Federal Regulations (14 CFR) part 71 

by modifying the Class E airspace at 

Guam and Saipan Islands. This action 

will revoke the Saipan Island Class E 

surface area since it is no longer 

required for operations and expands 

controlled airspace to protect aircraft 

conducting instruments approaches to 

Saipan International airport. In addition 

this action will remove, rename and 

expand the Class E airspace areas 

serving Guam International Airport, 

Anderson AFB, and renames Guam 

Island Class E airspace to Northern 

Mariana Islands Class E airspace. 

Controlled airspace is necessary to 

accommodate Instrument Flight Rules 

aircraft operations and enhances the 

safety and management of aircraft 

operations in the Northern Mariana 

Islands. 

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;