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###### Department of Transportation

###### Federal Aviation Administration

          - 14 CFR Part 71
          - [Docket No. FAA-2006-25436; Airspace Docket No. 06-AGL-5]

# AGENCY:

Federal Aviation Administration (FAA), DOT.

# ACTION:

Final Rule. 

# SUMMARY:

This rule modifies a Class E area airspace area extending upward from 700 feet above the surface at Hayward, WI.

The effect of this rule is to provide appropriate controlled Class E airspace for aircraft departing from the executing instrument approach procedures to Hayward, WI and to segregate aircraft using instrument approach procedures in instrument conditions from aircraft operating in visual conditions.

# EFFECTIVE DATE:

0901 UTC, January 18, 2007. 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:

Grant Nichols, System Support, DOT Regional Headquarters Building, Federal Aviation Administration, 901 Locust, Kansas City, MO 64106; telephone: (816) 329-2522.

# SUPPLEMENTARY INFORMATION:

## History

On Friday, October 6, 2006, the FAA proposed to amend Part 71 of the Federal Aviation Regulations (14 CFR Part 71) to establish Class E airspace at Hayward, WI (71 FR 59031). The proposal was to modify the Class E5 airspace area to bring Hayward, WI, airspace into compliance with FAA directives. Interested parties were invited to participate in this rulemaking proceeding by submitting written comments on the proposal to the FAA. No comments objecting to the proposal were received.

## The Rule

This notice amends Part 71 of the Federal Aviation Regulations (14 CFR Part 71) by modifying Class E airspace area extending upward from 700 feet above the surface at Hayward, WI. The establishment of Standard Instrument Approach Procedures has made this action necessary. The intended effect of this action is to provide adequate controlled airspace for Instrument Flight Rules operations at Hayward, WI. The area will be depicted on approprite aeronautical charts.

Class E airspace areas extending upward from 700 feet or more above the surface of the earth are published in Paragraph 6005 of FAA Order 7400.9P, Airspace Designations and Reporting Points, dated September 1, 2006, and effective September 15, 2006, which is incorporated by reference in 14 CFR 71.1 of the same Order. The Class E airspace designation listed in this document will be published subsequently in the Order.

                    The FAA has determined that this regulation only involves an established body of technical regulations for which                           ( print page 1281)                        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.                

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 since it contains aircraft executing instrument approach procedures to Hayward, WI.

# 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 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 7400.9P, dated September 1, 2006, and effective September 15, 2006, is amended as follows:

### Paragraph 6005 Class E airspace areas extending upward from 700 feet or more above the surface of the earth.

* * * * *

## AGL WI E5 Hayward, WI

Sawyer County Airport, WI

(Lat. 46°01′31″ N., long. 91°26′39″ W.)

Hayword VOR/DME

(Lat. 46°01′08″ N., long. 91°26′47″ W)

That airspace extending upward from 700 feet above the surface within a 6.5-mile radius of the Sawyer County Airport, and within 4.0 miles each side of the Hayward VOR/DME 025° radial extending from the 6.5-mile radius to 11.8 miles northeast of the VOR/DME.

* * * * *

Issued in Fort Worth, Texas, on December 26, 2006.

Donald R. Smith,

Manager, System Support Group, ATO Central Service Area.

[FR Doc. 07-51  Filed 1-10-07; 8:45 am]

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