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###### Department of Transportation

###### Federal Aviation Administration

          - 14 CFR Part 71
          - [Docket No. FAA-2010-0354 Airspace Docket No. 10-AAL-10]

# AGENCY:

Federal Aviation Administration (FAA), DOT.

# ACTION:

Final rule.

# SUMMARY:

This action establishes Class E airspace at Port Clarence Coast Guard Station (CGS), AK. The United States Coast Guard operates this airstrip and has developed a military-use instrument approach procedure. This instrument approach procedure at the Port Clarence CGS Airport has made this action necessary to enhance safety by establishing Class E airspace for air traffic management of Instrument Flight Rules (IFR) operations.

# DATES:

Effective 0901 UTC, January 13, 2011. 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:

                        Derril Bergt, Federal Aviation Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513-7587; telephone number (907) 271-2796; fax: (907) 271-2850; email:                         *derril.bergt@faa.gov.*                         Internet address:                         *http://www.faa.gov/​about/​office_​org/​headquarters_​offices/​ato/​service_​units/​systemops/​fs/​alaskan/​rulemaking/​.*

# SUPPLEMENTARY INFORMATION:

## History

                    On Thursday, June 17, 2010, the FAA published a notice of proposed rulemaking in the                     **Federal Register**                     to establish Class E airspace at Port Clarence, AK (75 FR 34393).                

Interested parties were invited to participate in this rulemaking proceeding by submitting written comments on the proposal to the FAA. No comments were received. The rule is adopted as proposed.

                    The Class E airspace areas designated as 700/1,200 ft. transition areas are published in paragraph 6005 of FAA Order 7400.9U,                     *Airspace Designations and Reporting Points,*                     dated August 18, 2010, and effective September 15, 2010, 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.                

This final rule also updates the coordinate of longitude that was published in the notice of proposed rulemaking. The establishment of an instrument approach procedure necessitated a more accurate survey and the corrected coordinate is based on this more recent data. With the exception of editorial changes, and the changes described above, this rule is the same as that proposed in the NPRM.

## The Rule

                    This action amends Title 14 Code of Federal Regulations (14 CFR) part 71 by establishing Class E airspace to accommodate a new military-use special instrument approach procedure at Port Clarence CGS Airport, Port Clarence, AK. This Class E airspace will provide adequate controlled airspace upward from 700 feet and 1,200 feet above the surface for the safety and management of IFR operations at Port Clarence CGS Airport. The 1,200 foot controlled airspace will extend into the Norton Sound Low Offshore Airspace Area and                           ( print page 62458)                        that airspace will be redefined in a future Offshore Airspace action.                

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. Because 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 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 Port Clarence CGS 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; 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 

2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9U,                         *Airspace Designations and Reporting Points,*                         dated August 18, 2010, and effective September 15, 2010, 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 Port Clarence, AK [New]

Port Clarence CGS Airport, AK

(Lat. 65°15′13″ N., long. 166°51′28″ W.)

That airspace extending upward from 700 feet above the surface within a 6.4-mile radius of the Port Clarence CGS Airport, AK, and within 1.5 miles either side of the 180° bearing from the Port Clarence CGS Airport, extending from the 6.4-mile radius to 13.2 miles south of the Port Clarence CGS Airport; and that airspace extending upward from 1,200 feet above the surface within a 73-mile radius of the Port Clarence CGS Airport, AK, excluding that portion extending outside the Anchorage Arctic CTA/FIR boundary.

Issued in Anchorage, AK, on September 16, 2010.

Michael A. Tarr,

Manager, Alaska Flight Services Information Area Group.

[FR Doc. 2010-25479 Filed 10-8-10; 8:45 am]

BILLING CODE 4910-13-P