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[Federal Register: July 15, 2010 (Volume 75, Number 135)]
[Rules and Regulations]               
[Page 41074-41075]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15jy10-2]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-1105; Airspace Docket No. 09-ANM-23]

 
Amendment of Class D and E Airspace; Everett, WA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action will amend Class D and E airspace at Snohomish 
County Airport (Paine Field), Everett, WA, by updating the geographic 
coordinates of the airport, and removes the operating hours established 
by a Notice to Airmen (NOTAM) for the Class E surface area airspace. 
This action enhances the safety and management of Instrument Flight 
Rules (IFR) operations at Snohomish County Airport (Paine Field).

DATES: Effective date: 0901 UTC, September 23, 2010. 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: Eldon Taylor, Federal Aviation 
Administration, Operations Support Group, Western Service Center, 1601 
Lind Avenue, SW., Renton, WA, 98057; telephone (425) 203-4537.

SUPPLEMENTARY INFORMATION: 

History

    On February 4, 2010, the FAA published in the Federal Register a 
notice of proposed rulemaking to amend Class D and E airspace at 
Everett, WA (75 FR 5702). Interested parties were invited to 
participate in this rulemaking effort by submitting written comments on 
the proposal to the FAA. No comments were received.
    Subsequent to publication, the FAA found that the operating hours 
for the Class D airspace had not changed and, therefore, will continue 
the operating hours to be effective during the specific dates and times 
established in advance by NOTAM.
    With the exception of editorial changes, and the changes described 
above, this rule is the same as that proposed in the NPRM.
    Class D and Class E airspace designations are published in 
paragraph 5000 and 6002, respectively, of FAA Order 7400.9T signed 
August 27, 2009, and effective September 15, 2009, which is 
incorporated by reference in 14 CFR part 71.1. The Class D and Class E 
airspace designations listed in this document will be published 
subsequently in that Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR) 
Part 71 by amending Class D airspace, updating the geographic 
coordinates for Snohomish County Airport (Paine Field), Everett, WA, 
and continues the operating hours to be effective during specific dates 
and times established in advance by NOTAM. The Class E surface area 
airspace at Snohomish County Airport (Paine Field) will be continuous 
24 hours, and no longer effective during specific dates and times 
established in

[[Page 41075]]

advance by NOTAM. The geographic coordinates of the airport also will 
be updated. This action is necessary for the safety and management of 
IFR operations at the 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. 
Therefore, this regulation: (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, 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 U.S. 
Code. Subtitle 1, Section 106 discusses 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 amends 
controlled airspace at Snohomish County Airport (Paine Field), Everett, 
WA.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

0
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 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.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR part 71.1 of the 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 5000 Class D Airspace.

* * * * *

ANM WA D Everett, WA [Amended]

Everett, Snohomish County Airport (Paine Field), WA
    (Lat. 47[deg]54'25'' N., long. 122[deg]16'54'' W.)

    That airspace extending upward from the surface to and including 
3,100 feet MSL within a 4.5-mile radius of the Snohomish County 
Airport (Paine Field). This Class D airspace area is effective 
during specific dates and times established in advance by a Notice 
to Airmen. The effective date and time will thereafter by 
continuously published in the Airport/Facility Directory.

Paragraph 6002 Class E airspace Designated as Surface Areas.

* * * * *

ANM WA E2 Everett, WA [Amended]

Everett, Snohomish County Airport (Paine Field), WA
    (Lat. 47[deg]54'25'' N., long. 122[deg]16'54'' W.)

    That airspace extending upward from the surface to and including 
3,100 feet MSL within a 4.5-mile radius of the Snohomish County 
Airport (Paine Field).

    Issued in Seattle, Washington, on June 30, 2010.
John Warner,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2010-17130 Filed 7-14-10; 8:45 am]
BILLING CODE 4910-13-P
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