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###### Department of Transportation

###### Federal Aviation Administration 

          - 14 CFR Part 71 
          - [Docket No. FAA-2005-21601; Airspace Docket No. 05-AAL-20] 

# AGENCY:

Federal Aviation Administration (FAA), DOT. 

# ACTION:

Final rule. 

# SUMMARY:

This action revises Class E airspace at Prospect Creek, AK to provide adequate controlled airspace to contain aircraft executing Special Instrument Approach Procedures (SIAPs). This rule results in revised Class E airspace upward from 700 feet (ft.) above the surface at Prospect Creek, AK. 

# EFFECTIVE DATE:

This Final rule is effective September 13, 2005. 

# 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.alaska.faa.gov/​at.*

# SUPPLEMENTARY INFORMATION:

## History 

On Friday, June 24, 2005, the FAA proposed to amend part 71 of the Federal Aviation Regulations (14 CFR part 71) to amend Class E airspace upward from 700 ft. above the surface at Prospect Creek, AK (70 FR 36543). The action was proposed in order to create Class E airspace sufficient in size to contain aircraft while executing SIAPs at the Prospect Creek Airport. Revised Class E controlled airspace extending upward from 700 ft. above the surface in the Prospect Creek Airport area is established by this action. Interested parties were invited to participate in this rulemaking proceeding by submitting written comments on the proposal to the FAA. No public comments have been received; thus the rule is adopted as proposed. 

                    The area will be depicted on aeronautical charts for pilot reference.                           ( print page 53921)                        The coordinates for this airspace docket are based on North American Datum 83. The Class E airspace areas designated as 700/1200 ft. transition areas are published in paragraph 6005 of FAA Order 7400.9M,                     *Airspace Designations and Reporting Points,*                     dated August 30, 2004, and effective September 16, 2004, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designation listed in this document will be published subsequently in the Order. The Proposed Rulemaking document included an error incorrectly listing the airport coordinates. This Final Rule also corrects the airport coordinates.                 

## The Rule 

This amendment to 14 CFR part 71 revises Class E airspace at Prospect Creek, Alaska. This Class E airspace is revised to accommodate aircraft executing SIAPs at the airport and will be depicted on aeronautical charts for pilot reference. The intended effect of this rule is to provide adequate controlled airspace for Instrument Flight Rule (IFR) operations at Prospect Creek Airport, Prospect Creek, Alaska. 

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 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 Prospect Creek 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; AIRWAYS; 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 

2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9M,                         *Airspace Designations and Reporting Points*, dated August 30, 2004, and effective September 16, 2004, 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 Prospect Creek, AK [Revised] 

Prospect Creek Airport, AK 

(Lat. 66°48′51″ N., long. 150°38′37″ W.)

That airspace extending upward from 700 feet above the surface within a 4.2-mile radius of the Prospect Creek Airport, and that airspace extending 4 miles either side of the 279° bearing from the Prospect Creek Airport from the 4.2 mile radius to 8 miles west of the airport. 

* * * * *

Issued in Anchorage, AK, on September 1, 2005. 

Joseph Rollins, 

Acting Director, Alaska Flight Services Area Office. 

[FR Doc. 05-18153 Filed 9-12-05; 8:45 am] 

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