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###### Department of Transportation

###### Federal Aviation Administration

          - 14 CFR Part 71
          - [Docket No. FAA-2005-22094; Airspace Docket No. 05-AAL-28]

# AGENCY:

Federal Aviation Administration (FAA), DOT.

# ACTION:

Final rule.

# SUMMARY:

This action establishes Class E airspace at Nikolai, AK to provide adequate controlled airspace to contain aircraft executing two new Standard Instrument Approach Procedures (SIAPs). This rule results in new Class E airspace upward from 700 feet (ft.) above the surface at Nikolai Airport, AK.

# DATES:

Effective 0901 UTC, February 16, 2006

# 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, September 9, 2005, the FAA proposed to amend part 71 of the Federal Aviation Regulations (14 CFR part 71) to establish Class E airspace upward from 700 ft. above the surface at Nikolai, AK (70 FR 53598). The action was proposed in order to create Class E airspace sufficient in size to contain aircraft while executing two new SIAPs for the Nikolai Airport. The new approaches are (1) Area Navigation (Global Positioning System) (RNAV (GPS)) Runway (RWY) 04, original; (2) RNAV (GPS) RWY 22, original. Class E controlled airspace extending upward from 700 ft. above the surface in the Nikolai 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. The coordinates for this airspace docket are based on North American Datum 83. The Class E airspace areas designated as 700/1,200 ft. transition areas are published in paragraph 6005 of FAA                           ( print page 69648)                        Order 7400.9N,                     *Airspace Designations and Reporting Points,*                     dated September 1, 2005, and effective September 15, 2005, 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 Rule

This amendment to 14 CFR part 71 establishes Class E airspace at Nikolai, Alaska. This Class E airspace is created to accommodate aircraft executing two new SIAPs 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 Nikolai Airport, Nikolai, 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 Nikolai 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 7400.9N,                         *Airspace Designations and Reporting Points*, dated September 1, 2005, and effective September 15, 2005, 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 Nikolai, AK [New]

Nikolai Airport, AK

(Lat. 63°01′07″ N., long. 154°21′30″ W.)

That airspace extending upward from 700 feet above the surface within a 6.4 nautical mile (NM) radius of the Nikolai Airport.

* * * * *

Issued in Anchorage, AK, on November 8, 2005.

Michael A. Tarr,

Manager, Operations Support.

[FR Doc. 05-22770 Filed 11-16-05; 8:45 am]

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