Federal Register / Vol. 74, No. 207 / Wednesday, October 28, 2009 / Rules and Regulations 55449 

for this AD, if requested using the procedures 

found in 14 CFR 39.19. 

(h) Ferry flight permits are not permitted. 

Related Information 

(i) European Aviation Safety Agency 

(EASA) MCAI AD No. 2009–0035–E, dated 

February 18, 2009, and Eurocopter 

Emergency Alert Service Bulletin 04A008, 

dated February 17, 2009, contain related 

information. 

Joint Aircraft System/Component (JASC) 

Tracking Code 

(j) JASC Code 3460 Navigation—UNS–1D 

Navigation System—Limitation. 

Issued in Fort Worth, Texas, on September 

16, 2009. 

Larry M. Kelly, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–25441 Filed 10–27–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2008–1253; Airspace 

Docket No. 08–ANE–103] 

Establishment of Class E Airspace; 

Nantucket, MA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action establishes Class 

E Airspace at Nantucket Memorial 

Airport, Nantucket, MA, by establishing 

Class E Surface airspace designated as 

an extension to Class D airspace. This 

action will encompass the new Standard 

Instrument Approach Procedures 

(SIAPs) and enhance the safety and 

management of Instrument Flight Rules 

(IFR) around the Nantucket Memorial 

Airport, MA. 

DATES: Effective 0901 UTC, February 11, 

2010. 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: 

Daryl Daniels, Airspace Specialist, 

Operations Support Group, Eastern 

Service Center, Air Traffic Organization, 

Federal Aviation Administration, P.O. 

Box 20636, Atlanta, Georgia 30320; 

telephone (404) 305–5581. 

SUPPLEMENTARY INFORMATION: 

History 

On February 12, 2009, the FAA 

proposed to amend Title 14 Code of 

Federal Regulations (14 CFR) part 71 by 

establishing the Class E airspace 

extending upward from the surface at 

Nantucket Memorial Airport, Nantucket, 

MA (74 FR 7011). Interested parties are 

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. 

Class E surface airspace designations 

as extensions to Class D (Class E4 

airspace) are published in Paragraph 

6004 of FAA Order 7400.9T, signed 

August 27, 2009, and effective 

September 15, 2009, 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. 

The Rule 

This amendment to Title 14, Code of 

Federal Regulations (14 CFR) part 71 

establishes Class E airspace at 

Nantucket, MA. This action provides 

adequate Class E airspace (IFR) 

operations at Nantucket Memorial 

Airport. Area Navigation (RNAV) Global 

Positioning System (GPS) (SIAPs) have 

been developed for Nantucket Memorial 

Airport, and as a result, Class E surface 

airspace is required to the northeast of 

the airport, designated as an extension 

of the Class D surface area. 

The FAA has determined that this 

proposed 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 is a routine matter that will 

only affect air traffic procedures and air 

navigation, it is certified that this 

proposed rule, when promulgated, 

would not have a significant economic 

impact on a substantial number of small 

entities under the criteria of the 

Regulatory Flexibility Act. 

Lists 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—[AMENDED] 

■ 1. The authority citation for Part 71 

will continue 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 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of Federal Aviation 

Administration Order 7400.9T, Airspace 

Designations and Reporting Points, 

signed August 27, 2009, and effective 

September 14, 2009, is amended as 

follows: 

Paragraph 6004 Class E Airspace Areas 

Designated as an Extension to a Class D 

Surface Area. 

* * * * * 

ANE MA E4 Nantucket, MA [NEW] 

Nantucket Memorial Airport, MA 

(Lat. 41°15′11′′ N., long. 70°03′37′′ W.) 

That airspace extending upward from the 

surface of the Earth within 1.5 mile either 

side of the 045° bearing from the Nantucket 

Memorial Airport extending from the 4.2 

mile radius to 12.6 miles Northeast of the 

airport. This Class E Surface airspace area is 

effective during the specific dates and times 

established in advance by a Notice to 

Airmen. The effective dates and times will 

thereafter be continuously published in the 

Airport/Facility Directory. 

* * * * * 

Issued in College Park, Georgia, on October 

15, 2009. 

Michael Vermuth, 

Acting Manager, Operations Support Group, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. E9–25500 Filed 10–27–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–0653; Airspace 

Docket 09–ASO–22] 

Modification of Class E Airspace; 

Anniston, AL 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule, request for 

comments. 

SUMMARY: This action modifies the Class 

E airspace at Anniston Metropolitan 

Airport in Anniston, AL. After a new 

RNAV (GPS) Z approach was developed 

for Runway 23, it was determined that 

the Class E airspace at the airport 

should be modified to facilitate a more 

efficient operation. This rule increases 


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55450 Federal Register / Vol. 74, No. 207 / Wednesday, October 28, 2009 / Rules and Regulations 

the safety and management of the 

National Airspace System (NAS) around 

Anniston Metropolitan Airport. 

DATES: Effective 0901 UTC, December 

17, 2009. 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. Comments should be 

received no later that December 14, 

2009. 

ADDRESSES: Send comments on this rule 

to: U.S. Department of Transportation, 

Docket Operations, West Building, 

Ground Floor, Room W12–140, 1200 

New Jersey, SE., Washington, DC 

20590–0001; Telephone: 1–800–647– 

5527; Fax: 202–493–2251. You must 

identify the Docket Number FAA–2009– 

0653; Airspace Docket No. 09–ASO–22, 

at the beginning of your comments. You 

may also submit and review received 

comments through the Internet at 

http://www.regulations.gov. 

You may review the public docket 

containing the rule, any comments 

received, and any final disposition in 

person in the Dockets Office (see 

ADDRESSES section for address and 

phone number) between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal Holidays. 

An informal docket may also be 

examined during normal business hours 

at the office of the Eastern Service 

Center, Federal Aviation 

Administration, Room 210, 1701 

Columbia Avenue, College Park, Georgia 

30337. 

FOR FURTHER INFORMATION CONTACT: 

Melinda Giddens, Operations Support, 

Eastern Service Center, Federal Aviation 

Administration, P.O. Box 20636, 

Atlanta, Georgia 30320; telephone (404) 

305–5610. 

SUPPLEMENTARY INFORMATION: 

The Direct Final Rule Procedure 

The FAA anticipates that this 

regulation will not result in adverse or 

negative comments, and, therefore, 

issues it as a direct final rule. The FAA 

has determined that this rule only 

involves an established body of 

technical regulations for which frequent 

and routine amendments are necessary 

to keep them operationally current. 

Unless a written adverse or negative 

comment or a written notice of intent to 

submit and adverse or negative 

comment is received within the 

comment period, the regulation will 

become effective on the date specified 

above. After the close of the comment 

period, the FAA will publish a 

document in the Federal Register 

indicating that no adverse or negative 

comments were received and 

confirming the effective date. If the FAA 

receives, within the comment period, an 

adverse or negative comment, or written 

notice of intent to submit such a 

comment, a document withdrawing the 

direct final rule will be published in the 

Federal Register, and a notice of 

proposed rulemaking may be published 

with a new comment period. 

Comments Invited 

Although this action is in the form of 

a direct final rule, and was not preceded 

by a notice of proposed rulemaking, 

interested persons are invited to 

comment on this rule by submitting 

such written data, views, or arguments 

as they may desire. An electronic copy 

of this document may be downloaded 

from and comments may be submitted 

and reviewed at http:// 

www.regulations.gov. Recently 

published rulemaking documents can 

also be accessed through the FAA’s Web 

page at http://www.faa.gov/ 

airports_airtraffic/air_traffic/ 

publications/airspace_amendments/. 

Communications should identify both 

docket numbers and be submitted in 

triplicate to the address specified under 

the caption ADDRESSES above or through 

the Web site. All communications 

received on or before the closing date 

for comments will be considered, and 

this rule may be amended or withdrawn 

in light of the comments received. 

Comments are specifically invited on 

the overall regulatory, economic, 

environmental, and energy aspects of 

the rule that might suggest a need to 

modify the rule. Factual information 

that supports the commenter’s ideas and 

suggestions is extremely helpful in 

evaluating the effectiveness of this 

action and determining whether 

additional rulemaking action would be 

needed. All comments submitted will be 

available, both before and after the 

closing date for comments, in the Rules 

Docket for examination by interested 

persons. Those wishing the FAA to 

acknowledge receipt of their comments 

submitted in response to this rule must 

submit a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket No. FAA–2009–0653; Airspace 

Docket No. 09–ASO–22.’’ The postcard 

will be date stamped and returned to the 

commenter. 

The Rule 

This amendment to title 14, Code of 

Federal Regulations (14 CFR) part 71 

modifies Class E2 and E5 airspace at 

Anniston, AL by expanding the 

controlled airspace, extending upward 

from the surface of the Earth to support 

IFR operations at Anniston Metropolitan 

Airport. Additionally, the existing Class 

E airspace that extends upwards from 

700 feet above the surface of the Earth 

(E5) will have its dimensions increased 

from a 12-mile radius to a 12.7-mile 

radius of the Anniston Metropolitan 

Airport. 

Class E2 airspace designations for 

airspace areas extending upwards from 

the surface of the Earth and Class E5 

airspace designations for airspace areas 

extending from 700 feet above the 

surface of the Earth are published in 

Paragraph 6002 and 6005 respectively of 

FAA Order 7400.9T, dated August 27, 

2009 and effective September 15, 2009, 

which is incorporated by reference in 14 

CFR 71.1. The Class E2 and E5 airspace 

designations listed in this document 

will be published subsequently in the 

Order. 

Agency Findings 

The regulations adopted herein will 

not have substantial direct effects on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among various levels of 

government. Therefore, it is determined 

that this final rule does not have 

federalism implications under Executive 

Order 13132. 

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 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 United States code. 

Subtitle I, 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 I, Section 

40103. Under that section, the FAA is 

charged with prescribing regulations to 


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Federal Register / Vol. 74, No. 207 / Wednesday, October 28, 2009 / Rules and Regulations 55451 

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 modifies the Class E2 and E5 airspace 

at Anniston Metropolitan Airport in 

Anniston, AL. 

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, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE 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 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of Federal Aviation 

Administration Order 7400.9T, Airspace 

Designations and Reporting Points, 

dated August 27, 2009, and effective 

September 15, 2009, is amended as 

follows: 

Paragraph 6002 Class E Airspace Areas 

Designated as Surface Areas. 

* * * * * 

ASO AL E2 Anniston, AL [REVISED] 

Anniston Metropolitan Airport, Anniston, AL 

(Lat. 33°35′17′′ N, long. 85°51′29′′ W) 

That airspace extending upward From the 

surface within 5.5 radius of Anniston 

Metropolitan Airport. 

* * * * * 

Paragraph 6005 Class E Airspace Extending 

Upward from 700 feet or More Above the 

Surface of the Earth. 

* * * * * 

ASO AL E5 Anniston, AL [REVISED] 

Anniston Metropolitan Airport, Anniston, AL 

(Lat. 33°35′17′′ N, long. 85°51′29′′ W) 

Talladega Municipal Airport 

(Lat. 33°34′12′′ N, long. 86°03′04′′ W) 

St. Clair County Airport 

(Lat. 33°33′32′′ N, long. 86°14′57′′ W) 

That airspace extending upward from 700 

feet above the surface within a 12.7-mile 

radius of Anniston Metropolitan Airport and 

within a 9.5-mile radius of Talladega 

Municipal Airport and within a 11.5-mile 

radius of St. Clair County Airport, excluding 

that airspace within Restricted Area R–2101 

when the restricted area is active. 

* * * * * 

Issued in College Park, Georgia, on 

October 15, 2009. 

Michael Vermuth, 

Acting Manager, Operations Support Group, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. E9–25498 Filed 10–27–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 97 

[Docket No. 30692 Amdt. No 3344] 

Standard Instrument Approach 

Procedures, and Takeoff Minimums 

and Obstacle Departure Procedures; 

Miscellaneous Amendments 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This establishes, amends, 

suspends, or revokes Standard 

Instrument Approach Procedures 

(SIAPs) and associated Takeoff 

Minimums and Obstacle Departure 

Procedures for operations at certain 

airports. These regulatory actions are 

needed because of the adoption of new 

or revised criteria, or because of changes 

occurring in the National Airspace 

System, such as the commissioning of 

new navigational facilities, adding new 

obstacles, or changing air traffic 

requirements. These changes are 

designed to provide safe and efficient 

use of the navigable airspace and to 

promote safe flight operations under 

instrument flight rules at the affected 

airports. 

DATES: This rule is effective October 28, 

2009. The compliance date for each 

SIAP, associated Takeoff Minimums, 

and ODP is specified in the amendatory 

provisions. 

The incorporation by reference of 

certain publications listed in the 

regulations is approved by the Director 

of the Federal Register as of October 28, 

2009. 

ADDRESSES: Availability of matters 

incorporated by reference in the 

amendment is as follows: 

For Examination 

1. FAA Rules Docket, FAA 

Headquarters Building, 800 

Independence Avenue, SW., 

Washington, DC 20591; 

2. The FAA Regional Office of the 

region in which the affected airport is 

located; 

3. The National Flight Procedures 

Office, 6500 South MacArthur Blvd., 

Oklahoma City, OK 73169 or, 

4. The National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/ 

federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Availability 

All SIAPs and Takeoff Minimums and 

ODPs are available online free of charge. 

Visit http://www.nfdc.faa.gov to register. 

Additionally, individual SIAP and 

Takeoff Minimums and ODP copies may 

be obtained from: 

1. FAA Public Inquiry Center (APA– 

200), FAA Headquarters Building, 800 

Independence Avenue, SW., 

Washington, DC 20591; or 

2. The FAA Regional Office of the 

region in which the affected airport is 

located. 

FOR FURTHER INFORMATION CONTACT: 

Harry J. Hodges, Flight Procedure 

Standards Branch (AFS–420), Flight 

Technologies and Programs Division, 

Flight Standards Service, Federal 

Aviation Administration, Mike 

Monroney Aeronautical Center, 6500 

South MacArthur Blvd., Oklahoma City, 

OK 73169 (Mail Address: P.O. Box 

25082, Oklahoma City, OK 73125) 

Telephone: (405) 954–4164. 

SUPPLEMENTARY INFORMATION: This rule 

amends Title 14 of the Code of Federal 

Regulations, Part 97 (14 CFR part 97), by 

establishing, amending, suspending, or 

revoking SIAPS, Takeoff Minimums 

and/or ODPs. The complete regulators 

description of each SIAP and its 

associated Takeoff Minimums or ODP 

for an identified airport is listed on FAA 

form documents which are incorporated 

by reference in this amendment under 5 

U.S.C. 552(a), 1 CFR part 51, and 14 

CFR part 97.20. The applicable FAA 

Forms are FAA Forms 8260–3, 8260–4, 

8260–5, 8260–15A, and 8260–15B when 

required by an entry on 8260–15A. 

The large number of SIAPs, Takeoff 

Minimums and ODPs, in addition to 

their complex nature and the need for 

a special format, make publication in 

the Federal Register expensive and 

impractical. Furthermore, airmen do not 

use the regulatory text of the SIAPs, 

Takeoff Minimums or ODPs, but instead 

refer to their depiction on charts printed 

by publishers of aeronautical materials. 

The advantages of incorporation by 

reference are realized and publication of 

the complete description of each SIAP, 

Takeoff Minimums and ODP listed on 

FAA forms is unnecessary. This 


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