Revision of Class E Airspace; Nome, AK, 22590-22591 [05-8723]

Download as PDF 22590 Federal Register / Vol. 70, No. 83 / Monday, May 2, 2005 / Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2005–20449; Airspace Docket No. 05–AAL–06] The Rule Revision of Class E Airspace; Nome, AK Federal Aviation Administration (FAA), DOT. ACTION: Final Rule. AGENCY: This action revises Class E airspace at Nome, AK to provide adequate controlled airspace to contain aircraft executing new Standard Instrument Approach Procedures (SIAP). This Rule results in additional Class E surface area and Class E airspace upward from 700 feet (ft.) and 1,200 ft. above the surface at Nome, AK. EFFECTIVE DATE: 0901 UTC, July 7, 2005. FOR FURTHER INFORMATION CONTACT: Jesse Patterson, 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: Jesse. ctr.Patterson@faa.gov. Internet address: https://www.alaska.faa.gov/at . SUPPLEMENTARY INFORMATION: SUMMARY: History On Friday, March 11, 2005, the FAA proposed to revise part 71 of the Federal Aviation Regulations (14 CFR part 71) to create additional Class E surface area and Class E airspace upward from 700 ft. and 1,200 ft. above the surface at Nome, AK (70 FR 12162). The action was proposed in order to add Class E airspace sufficient in size to contain aircraft while executing new Standard Instrument Approach Procedures for the Nome Airport. The new approaches are (1) Area Navigation-Global Positioning System (RNAV GPS) Runway (RWY) 3, original; (2) RNAV (GPS) RWY 10, original; (3) RNAV (GPS) RWY 28, original; and (4) Non-directional Beacon (NDB)-A, original. 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 surface areas are published in paragraph 6002 of FAA Order 7400.9M, Airspace Designations and Reporting Points, VerDate jul<14>2003 17:18 Apr 29, 2005 Jkt 205001 dated August 30, 2004, and effective September 16, 2004, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designations listed in this document will be revised subsequently in the Order. This revision to 14 CFR part 71 revises Class E airspace at Nome, Alaska. This additional Class E airspace was created to accommodate aircraft executing 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 IFR operations at Nome Airport, Nome, 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 new and existing instrument procedures for the Nome 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). PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: I 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: I 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 7400.9M, Airspace Designations and Reporting Points, dated August 30, 2004, and effective September 16, 2004, is amended as follows: I * * * * * Paragraph 6002 as surface area. Class E airspace designated * * * * * AAL AK E2 Nome, AK [Revised] Nome Airport, AK (Lat. 64°30′44″ N., long. 165°26′43″ W.) Within a 4.1-mile radius of the Nome Airport and within 3.4 miles each side of the Nome Airport 106° bearing extending from the 4.1-mile radius to 13.2 miles east of the airport, and within 3.4 miles each side of the Nome Airport 288° bearing extending from the 4.1-mile radius to 6 miles west of the airport, and within 3.5 miles each side of the Nome Airport 229° bearing extending from the 4.1-mile radius to 6 miles west of the airport. This Class E airspace area is effective during the specific dates and time established in advance by a Notice to Airmen. The effective date and time will thereafter be continuously published in the Airport/Facility Directory. * * * * * Paragraph 6005 Class E airspace extending upward from 700 feet or more above the surface of the earth. * * * * * AAL AK E5 Nome, AK [Revised] Nome Airport, AK (Lat. 64°30′44″ N., long. 165°26′43″ W.) Nome VORTAC (Lat. 64°29′06″ N., long. 165°15′11″ W.) That airspace extending upward from 700 feet above the surface within an 25-mile radius of the Nome Airport excluding that airspace beyond 12-miles of the shoreline; and that airspace extending upward from 1,200 feet above the surface within an 77.4mile radius of the Nome VORTAC, excluding that airspace beyond 12-miles of the shoreline. * E:\FR\FM\02MYR1.SGM * * 02MYR1 * * Federal Register / Vol. 70, No. 83 / Monday, May 2, 2005 / Rules and Regulations Issued in Anchorage, AK, on April 25, 2005. Anthony M. Wylie, Acting Area Director, Alaska Flight Services Operations. [FR Doc. 05–8723 Filed 4–29–05; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF JUSTICE Drug Enforcement Administration 21 CFR Parts 1300, 1301, 1304, 1305, and 1307 [Docket No. DEA–108F] RIN 1117–AA19 Definition and Registration of Reverse Distributors Drug Enforcement Administration (DEA), Justice. ACTION: Final rule. AGENCY: SUMMARY: DEA is finalizing, without change, the interim rule with Request for Comment published in the Federal Register July 11, 2003 at 68 FR 41222. The interim final rule amended Title 21, Code of Federal Regulations, parts 1300, 1301, 1304, 1305 and 1307 to define the term ‘‘reverse distributor’’ and establish a new category of registration for persons handling controlled substances. The amendments established the regulatory standards under which reverse distributors may handle unwanted, unusable, or outdated controlled substances acquired from another DEA registrant. These standards ensure the proper documentation and recordkeeping necessary to prevent diversion of such controlled substances to illegal purposes. This final rule makes these changes permanent. DATES: Effective Date: May 2, 2005. FOR FURTHER INFORMATION CONTACT: Patricia M. Good, Chief, Liaison and Policy Section, Office of Diversion Control, Drug Enforcement Administration, Washington, DC 20537. Telephone (202) 307–7297. SUPPLEMENTARY INFORMATION: Overview of and Benefits of the Interim Final Rule On July 11, 2003 (68 FR 41222), the Drug Enforcement Administration (DEA) published an interim final rule to define the term ‘‘reverse distributor’’ and to establish a new category of registration for persons handling controlled substances. The interim final rule mostly codified existing practices that reverse distributors follow under memoranda of understanding (MOUs) with DEA. This approach is consistent VerDate jul<14>2003 17:18 Apr 29, 2005 Jkt 205001 with the comments received on the Notice of Proposed Rulemaking (NPRM) (60 FR 43732, August 23, 1995) that stated that reverse distributors would be significantly and adversely impacted if, as was proposed, they were classified as manufacturers. In recognizing this activity as a separate registration category of distributors, DEA believes the entire controlled substances industry will benefit. Reverse distributors previously operating under MOUs are becoming fully recognized registrants under DEA rules. Thousands of other registrants who need to dispose of unneeded or outdated inventories are now able to turn to a fully registered group of distributors. Furthermore, by essentially codifying existing practices these benefits are being achieved with minimal need for change or for disruption to the affected industry. Because of the length of time since the NPRM was published and the evolving nature of this industry, DEA used an interim final rule to give an additional opportunity for comment. DEA has considered the comments received on the appropriateness and the practical application of these rules to current industry practice. The comments are discussed below. Background The overall goal of the Controlled Substances Act (CSA) and of DEA’s regulations in Title 21, Code of Federal Regulations (CFR), Parts 1300–1316 is to provide a closed distribution system so that a controlled substance is at all times under the legal control of a person registered, or specifically exempted from registration, by the Drug Enforcement Administration until it reaches the ultimate user or is destroyed. DEA achieves this goal by registering manufacturers, distributors, importers, exporters, and dispensers of controlled substances as well as analytical laboratories and researchers. Thus, any movement of controlled substances between these registered persons is covered by DEA regulations, which ensure that all controlled substances are accounted for from their creation until their dispensing or destruction. When a controlled substance has become outdated or otherwise unusable, the registrant who possesses the substance must dispose of it. However, over the past decade, environmental concerns and regulatory changes have caused drug manufacturers and government agencies (including DEA and State authorities) to become increasingly reluctant to be involved in the disposal process. Thus, some disposal options are no longer available. PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 22591 Nonetheless, disposal of controlled substances can occur in several ways: 1. The distributor or dispenser can return the controlled substance to the pharmaceutical manufacturer who, as a service to its customers, accepts returns of outdated/damaged controlled substances. Distributors, dispensers, and manufacturers are all registered with DEA. 2. The distributor, dispenser, or manufacturer can itself dispose of the controlled substances under the procedures outlined in 21 CFR 1307.21. Under 21 CFR 1307.21, any person may request permission to dispose of controlled substances without the benefit of a DEA or State witness. In many cases, blanket permission for disposal of controlled substances is granted to registrants who have an ongoing need to dispose of unwanted controlled substances. DEA must authorize the disposal in writing and may require that a set schedule be established. Other registrants are granted disposal authority on a case-bycase basis. DEA normally requires that the registrant provide two designated responsible individuals to accompany the drugs to the disposal site and witness the destruction. This achieves DEA’s goal of ensuring the controlled substances are rendered nonrecoverable. Disposal under the authority of 21 CFR 1307.21 maintains the closed distribution system because the controlled substances remain under the legal control of a registrant at all times. 3. The distributor, dispenser, or manufacturer can distribute the controlled substances to a reverse distributor to take control of the controlled substances for the purpose of returning them to the manufacturer or, if necessary, disposing of them. For many years, DEA opposed granting DEA registrations to firms solely or primarily engaged in the disposal (whether the transportation portion, actual disposal, or both) of controlled substances because they were not considered an essential link in the closed distribution system that the Controlled Substances Act established to control the flow of drugs from the manufacturer to the ultimate user. In recent years, however, increasingly stringent requirements imposed by the U.S. Environmental Protection Agency (EPA) resulted in fewer and fewer approved disposal facilities. As a result, a new type of business developed that collects controlled substances from registrants and either returns them to the manufacturer or arranges for their disposal. The businesses performing this middleman service refer to E:\FR\FM\02MYR1.SGM 02MYR1

Agencies

[Federal Register Volume 70, Number 83 (Monday, May 2, 2005)]
[Rules and Regulations]
[Pages 22590-22591]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-8723]



[[Page 22590]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2005-20449; Airspace Docket No. 05-AAL-06]


Revision of Class E Airspace; Nome, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final Rule.

-----------------------------------------------------------------------

SUMMARY: This action revises Class E airspace at Nome, AK to provide 
adequate controlled airspace to contain aircraft executing new Standard 
Instrument Approach Procedures (SIAP). This Rule results in additional 
Class E surface area and Class E airspace upward from 700 feet (ft.) 
and 1,200 ft. above the surface at Nome, AK.

EFFECTIVE DATE: 0901 UTC, July 7, 2005.

FOR FURTHER INFORMATION CONTACT: Jesse Patterson, 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: Jesse. ctr. Patterson@faa.gov. Internet address: https://www.
alaska.faa. gov/at .

SUPPLEMENTARY INFORMATION:

History

    On Friday, March 11, 2005, the FAA proposed to revise part 71 of 
the Federal Aviation Regulations (14 CFR part 71) to create additional 
Class E surface area and Class E airspace upward from 700 ft. and 1,200 
ft. above the surface at Nome, AK (70 FR 12162). The action was 
proposed in order to add Class E airspace sufficient in size to contain 
aircraft while executing new Standard Instrument Approach Procedures 
for the Nome Airport. The new approaches are (1) Area Navigation-Global 
Positioning System (RNAV GPS) Runway (RWY) 3, original; (2) RNAV (GPS) 
RWY 10, original; (3) RNAV (GPS) RWY 28, original; and (4) Non-
directional Beacon (NDB)-A, original. 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 surface 
areas are published in paragraph 6002 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 designations listed in this document will be 
revised subsequently in the Order.

The Rule

    This revision to 14 CFR part 71 revises Class E airspace at Nome, 
Alaska. This additional Class E airspace was created to accommodate 
aircraft executing 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 IFR operations at Nome 
Airport, Nome, 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 new and existing instrument procedures for the Nome 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

0
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

0
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.


Sec.  71.1  [Amended]

0
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 6002 Class E airspace designated as surface area.

* * * * *

AAL AK E2 Nome, AK [Revised]

Nome Airport, AK
(Lat. 64[deg]30'44'' N., long. 165[deg]26'43'' W.)
    Within a 4.1-mile radius of the Nome Airport and within 3.4 
miles each side of the Nome Airport 106[deg] bearing extending from 
the 4.1-mile radius to 13.2 miles east of the airport, and within 
3.4 miles each side of the Nome Airport 288[deg] bearing extending 
from the 4.1-mile radius to 6 miles west of the airport, and within 
3.5 miles each side of the Nome Airport 229[deg] bearing extending 
from the 4.1-mile radius to 6 miles west of the airport. This Class 
E airspace area is effective during the specific dates and time 
established in advance by a Notice to Airmen. The effective date and 
time will thereafter be continuously published in the Airport/
Facility Directory.
* * * * *

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

* * * * *

AAL AK E5 Nome, AK [Revised]

Nome Airport, AK
(Lat. 64[deg]30'44'' N., long. 165[deg]26'43'' W.)
Nome VORTAC
(Lat. 64[deg]29'06'' N., long. 165[deg]15'11'' W.)
    That airspace extending upward from 700 feet above the surface 
within an 25-mile radius of the Nome Airport excluding that airspace 
beyond 12-miles of the shoreline; and that airspace extending upward 
from 1,200 feet above the surface within an 77.4-mile radius of the 
Nome VORTAC, excluding that airspace beyond 12-miles of the 
shoreline.
* * * * *


[[Page 22591]]


    Issued in Anchorage, AK, on April 25, 2005.
Anthony M. Wylie,
Acting Area Director, Alaska Flight Services Operations.
[FR Doc. 05-8723 Filed 4-29-05; 8:45 am]
BILLING CODE 4910-13-P
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