Establishment of Class E Airspace; Kobuk, AK, 18151-18152 [E8-6931]

Download as PDF jlentini on PROD1PC65 with RULES Federal Register / Vol. 73, No. 65 / Thursday, April 3, 2008 / Rules and Regulations respond to discovery requests by electronic mail if authorized by the requesting party. (e) Motions to compel discovery. (1) If a party fails or refuses to respond in full to a discovery request, or if a nonparty fails or refuses to respond in full to a MSPB-approved discovery order, the requesting party may file a motion to compel discovery. The requesting party must file the motion with the judge, and must serve a copy of the motion on the other party and on any nonparty entity or person from whom the discovery was sought. Before filing any motion to compel discovery, the moving party shall discuss the anticipated motion with the opposing party either in person or by telephone and the parties shall make a good faith effort to resolve the discovery dispute and narrow the areas of disagreement. The motion shall include: (i) A copy of the original request and a statement showing that the information sought is relevant and material; and (ii) A copy of the response to the request (including the objections to discovery) or, where appropriate, a statement that no response has been received, along with an affidavit or sworn statement under 28 U.S.C. 1746 supporting the statement (See appendix IV to part 1201.); and (iii) A statement that the parties have discussed the anticipated motion and have made a good faith effort to resolve the discovery dispute and narrow the areas of disagreement. (2) The other party and any other entity or person from whom discovery was sought may respond to the motion to compel discovery within the time limits stated in paragraph (f)(4) of this section. (f) Time limits. (1) Parties who wish to make discovery requests or motions must serve their initial requests or motions within 25 days after the date on which the judge issues an order to the respondent agency to produce the agency file and response. (2) A party or nonparty must file a response to a discovery request promptly, but not later than 20 days after the date of service of the request or order of the judge. Any discovery requests following the initial request must be served within 10 days of the date of service of the prior response, unless the parties are otherwise directed. Deposition witnesses must give their testimony at the time and place stated in the request for deposition or in the subpoena, unless the parties agree on another time or place. VerDate Aug<31>2005 17:54 Apr 02, 2008 Jkt 214001 (3) Any motion to depose a nonparty (along with a request for a subpoena) must be submitted to the judge within the time limits stated in paragraph (f)(1) of this section or as the judge otherwise directs. (4) Any motion for an order to compel discovery must be filed with the judge within 10 days of the date of service of objections or, if no response is received, within 10 days after the time limit for response has expired. Any pleading in opposition to a motion to compel discovery must be filed with the judge within 10 days of the date of service of the motion. (5) Discovery must be completed within the time the judge designates. (g) Limits on the number of discovery requests. (1) Absent prior approval by the judge, interrogatories served by parties upon another party or a nonparty may not exceed 25 in number, including all discrete subparts. (2) Absent prior approval by the judge or agreement by the parties, each party may not take more than 10 depositions. (3) Requests to exceed the limitations set forth in paragraphs (g)(1) and (g)(2) of this section may be granted at the discretion of the judge. In considering such requests, the judge shall consider the factors identified in § 1201.72(d) of this part. I 6. Revise § 1201.74(a) to read as follows: § 1201.74 Orders for discovery (a) Motion for an order compelling discovery. Motions for orders compelling discovery and motions for the appearance of nonparties must be filed with the judge in accordance with § 1201.73(e)(1) and (f)(4). An administrative judge may deny a motion to compel discovery if a party fails to comply with the requirements of 5 CFR § 1201.73(e)(1) and (f)(4). * * * * * William D. Spencer, Clerk of the Board. [FR Doc. E8–6934 Filed 4–2–08; 8:45 am] BILLING CODE 7400–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2007–0341; Airspace Docket No. 07–AAL–19] Establishment of Class E Airspace; Kobuk, AK Federal Aviation Administration (FAA), DOT. AGENCY: PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 ACTION: 18151 Final Rule. SUMMARY: This action establishes Class E airspace at Kobuk, AK to provide adequate controlled airspace to contain aircraft executing Standard Instrument Approach Procedures (SIAPs). Two new SIAPs and a textual departure procedure (DP) are being developed for the Kobuk Airport. This action establishes existing Class E airspace upward from 700 feet (ft.) and 1,200 ft. above the surface at Kobuk Airport, Kobuk, AK. DATES: Effective Date: 0901 UTC, June 5, 2008. 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. 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: https://www.alaska.faa.gov/at. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: History On Friday, February 1, 2008, 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 and from 1,200 ft. above the surface at Kobuk, AK (73 FR 6056). The action was proposed in order to create Class E airspace sufficient in size to contain aircraft while executing SIAPs for the Kobuk Airport. Class E controlled airspace extending upward from 700 ft. above the surface and from 1,200 ft. above the surface in the Kobuk 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 comments were received. 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 Order 7400.9R, Airspace Designations and Reporting Points, signed August 15, 2007, and effective September 15, 2007, 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. E:\FR\FM\03APR1.SGM 03APR1 18152 Federal Register / Vol. 73, No. 65 / Thursday, April 3, 2008 / Rules and Regulations The Rule This amendment to 14 CFR part 71 establishes Class E airspace at the Kobuk Airport, Alaska. This Class E airspace is established to accommodate aircraft executing new DP and 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 Rules (IFR) operations at the Kobuk Airport, Kobuk, 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 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 Kobuk Airport and represents the FAA’s continuing effort to safely and efficiently use the navigable airspace. List of Subjects in 14 CFR Part 71 jlentini on PROD1PC65 with RULES 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: I VerDate Aug<31>2005 17:54 Apr 02, 2008 Jkt 214001 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 7400.9R, Airspace Designations and Reporting Points, signed August 15, 2007, and effective September 15, 2007, is amended as follows: * * * * * I Paragraph 6005 Class E Airspace Extending Upward From 700 Feet or More Above the Surface of the Earth. * * * * * AAL AK E5 Kobuk, AK [New] Kobuk, Kobuk Airport, AK (Lat. 66°54′44″ N., long. 156°53′50″ W.) That airspace extending upward from 700 feet above the surface within a 7.7-mile radius of the Kobuk Airport; and that airspace extending upward from 1,200 feet above the surface within a 73-mile radius of the Kobuk Airport. * * * * * Issued in Anchorage, AK, on March 24, 2008. Anthony M. Wylie, Manager, Alaska Flight Services Information Area Group. [FR Doc. E8–6931 Filed 4–2–08; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION 14 CFR Part 97 [Docket No. 30601; Amdt. No. 3263] Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments Federal Aviation Administration (FAA), DOT. ACTION: Final Rule. AGENCY: SUMMARY: This rule 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 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 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. This rule is effective April 3, 2008. 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 Directory of the Federal Register as of April 3, 2008. DATES: Availability of matter 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: https://www.archives.gov/ federal_register/ code_of_federal_regulations/ ibr_locations.html. Availability—All SIAPs are available online free of charge. Visit https:// 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. ADDRESSES: 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, Code of Federal Regulations, Part 97 (14 CFR part 97) by E:\FR\FM\03APR1.SGM 03APR1

Agencies

[Federal Register Volume 73, Number 65 (Thursday, April 3, 2008)]
[Rules and Regulations]
[Pages 18151-18152]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-6931]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2007-0341; Airspace Docket No. 07-AAL-19]


Establishment of Class E Airspace; Kobuk, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final Rule.

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SUMMARY: This action establishes Class E airspace at Kobuk, AK to 
provide adequate controlled airspace to contain aircraft executing 
Standard Instrument Approach Procedures (SIAPs). Two new SIAPs and a 
textual departure procedure (DP) are being developed for the Kobuk 
Airport. This action establishes existing Class E airspace upward from 
700 feet (ft.) and 1,200 ft. above the surface at Kobuk Airport, Kobuk, 
AK.

DATES: Effective Date: 0901 UTC, June 5, 2008. 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: 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: https://www.alaska.faa.gov/at.

SUPPLEMENTARY INFORMATION: 

History

    On Friday, February 1, 2008, 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 and from 1,200 ft. above 
the surface at Kobuk, AK (73 FR 6056). The action was proposed in order 
to create Class E airspace sufficient in size to contain aircraft while 
executing SIAPs for the Kobuk Airport. Class E controlled airspace 
extending upward from 700 ft. above the surface and from 1,200 ft. 
above the surface in the Kobuk 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 comments were received. 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 Order 
7400.9R, Airspace Designations and Reporting Points, signed August 15, 
2007, and effective September 15, 2007, 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.

[[Page 18152]]

The Rule

    This amendment to 14 CFR part 71 establishes Class E airspace at 
the Kobuk Airport, Alaska. This Class E airspace is established to 
accommodate aircraft executing new DP and 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 
Rules (IFR) operations at the Kobuk Airport, Kobuk, 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 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 Kobuk 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 7400.9R, Airspace Designations and Reporting 
Points, signed August 15, 2007, and effective September 15, 2007, 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 Kobuk, AK [New]

Kobuk, Kobuk Airport, AK
    (Lat. 66[deg]54'44'' N., long. 156[deg]53'50'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 7.7-mile radius of the Kobuk Airport; and that airspace 
extending upward from 1,200 feet above the surface within a 73-mile 
radius of the Kobuk Airport.
* * * * *

    Issued in Anchorage, AK, on March 24, 2008.
Anthony M. Wylie,
Manager, Alaska Flight Services Information Area Group.
 [FR Doc. E8-6931 Filed 4-2-08; 8:45 am]
BILLING CODE 4910-13-P
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