Anchor Habitats: Tillamook and Clatsop State Forests  Executive Summary A Salmon Anchor Habitat Strategy for the Tillamook and Clatsop State Forests October 2000 Section 1: Executive Summary Introduction Section 1 : Executive Summary Section 2 : A Plan for Restoring Salmon on the Tillamook and Clatsop State Forests Using Anchor Habitat Strategies Section 3 : The Economic Benefits of Conserving Anchor Habitats for Salmon in the Tillamook and Clatsop State Forests Section 4 : The Legal Basis for Salmon Conservation Strategies in the Tillamook and Clatsop State Forests Section 5 : Appendices Ecotrust, Oregon Trout, and the Wild Salmon Center have developed a specific strategy for restoring salmon runs in the coastal Pacific Northwest region. It is based on watershed specific evaluations that result in the creation of a system of anchor habitat areas that nourish the most productive portions of the stream. When combined with other management tools, these anchor habitat areas create a strategy that is both ecologically and economically viable for the watersheds of the Northwest. We propose that this strategy be implemented in the Tillamook and Clatsop State Forests.

This report describes the details of this salmon restoration plan and discusses economic and legal issues related to it.

http:// www. inforain. org/ mapsatwork/ anchorhabitats/ ( 1 of 8) [ 9/ 30/ 2003 10: 10: 25 AM] Anchor Habitats: Tillamook and Clatsop State Forests  Executive Summary A Plan for Restoring Salmon on the Tillamook and Clatsop State Forests Using Anchor Habitat Strategies The Current Situation Scientists estimate that salmon populations currently hover at less than 5% of their historic productivity and occupy only a fraction of their historic range and distribution in coastal watersheds. This status prompted an unprecedented state initiated coho salmon recovery effort which culminated in the Oregon Plan for Salmon and Watersheds ( Oregon Plan) and an executive order issued by Governor Kitzhaber in 1999. This status also resulted in the listing of Oregon coastal coho as threatened under the federal Endangered Species Act ( ESA) in 1998. State and federal authorities now share responsibility for coho salmon recovery.

In the State of Oregon, the current salmon restoration strategies as proposed in the Forest Management Plan http:// www. inforain. org/ mapsatwork/ anchorhabitats/ ( 2 of 8) [ 9/ 30/ 2003 10: 10: 25 AM] Anchor Habitats: Tillamook and Clatsop State Forests  Executive Summary Here is a List of the Identified Anchor Habitats for Salmon. ( FMP) by Oregon Department of Forestry are based on a timber management approach ( known as structure based) combined with a " riparian leave" strategy. While salmon " focus areas" are being discussed, no site specific proposals have been made.

A New Salmon Anchor Habitat Strategy Ecotrust, Oregon Trout, and Wild Salmon Center propose an ecologically and economically viable strategy that would restore salmon runs while allowing for predictable and stable timber harvest and forest management. This approach would 1) establish anchor habitat areas for salmon, 2) protect high risk slopes from landslides, and 3) establish streamside protections to ensure riparian habitat protection for salmon. The approach would allow for some careful timber management within these three areas, and scheduled commercial timber harvest on the rest of the Tillamook and Clatsop State Forests consistent with other management objectives and legal restraints.

Establishing Salmon Anchor Habitats The groups propose an anchor habitat based strategy for recovering watersheds and http:// www. inforain. org/ mapsatwork/ anchorhabitats/ ( 3 of 8) [ 9/ 30/ 2003 10: 10: 25 AM] Anchor Habitats: Tillamook and Clatsop State Forests  Executive Summary Pacific salmon which protects the most critical areas for salmon, while allowing for some timber harvest. Critical areas have been specifically identified to be established as anchor habitat for salmon. Current salmon survey information reveals that only 16.6% percent of the Tillamook and Clatsop State Forests contains critical anchor habitat areas.

How are anchor habitat areas identified? The first step in defining anchor habitat areas is to determine the distribution and abundance of each salmon species in the basin. Because the damaged watersheds restrict salmon to particular areas, determining where the salmon are becomes crucial. Not all portions of the basin are equally productive. The most critical reaches are those being used by salmon for spawning and rearing, as well as the areas immediately upstream.

The first pass at determining distribution and abundance was done by reviewing existing information and by a systematic snorkel count of juvenile salmon throughout most of the Tillamook and Clatsop region. Through these intensive stream surveys, areas http:// www. inforain. org/ mapsatwork/ anchorhabitats/ ( 4 of 8) [ 9/ 30/ 2003 10: 10: 25 AM] Anchor Habitats: Tillamook and Clatsop State Forests  Executive Summary of high salmon production were identified in each watershed.

How should anchor habitat areas be managed? We suggest that the watershed above each of the identified areas of high salmon production be designated as an anchor habitat area. These are then managed to maintain their high value for salmon productivity, reestablish healthy watershed function, recover old growth characteristics, and minimize landslide risk. Anchor habitats remain protected until other parts of the watershed have recovered and are able to contribute towards salmon productivity. While higher protections exist for anchor habitat, these areas would not be permanently removed from the timber base. Some timber harvest ( thinning) would be allowed within the same watershed and management to reduce negative impacts from roads and stream crossings would also be a priority.

Protecting Against Landslides Outside of the anchor habitat areas, we suggest that steep unstable slopes, identified as being at high risk for landslides into salmon bearing water, remain off limits to timber harvest activities. Our analysis shows that high risk slopes account for 7% of Tillamook and Clatsop State Forest lands. If steep slopes are not protected, watersheds will not properly recover. In these areas, roads and stream crossings should be upgraded to reduce stream impacts. Though landslides will still occur, the goal is to reduce the occurrence to a size and frequency natural for the area.

Protecting Streamside Habitat Within 100 feet of streams, we suggest that only activities that restore aquatic and riparian function be permitted. This could include thinning and replanting consistent with the function restoration objective. Outside the 100 foot riparian area, certain forest practices would be allowed with the objective of retaining and growing large trees and establishing a diverse and healthy forest structure that includes large snags, large downed woody debris and a multiple layer canopy.

http:// www. inforain. org/ mapsatwork/ anchorhabitats/ ( 5 of 8) [ 9/ 30/ 2003 10: 10: 25 AM] Anchor Habitats: Tillamook and Clatsop State Forests  Executive Summary The Economic Context Achieving Sustainable & Harvestable Salmon Population Numbers As compared to the existing management regime and NMFS's 1998 forest practices analysis, modeling indicates that our anchor habitat strategy would result in the largest coho and chinook harvest counts. If implemented today, the anchor habitat plan would allow for 3,000 coho and 8,000 chinook to be caught within 20 years, and 21,000 coho and 10,000 chinook to be caught within 120 years. Under current market conditions, an increase of 3,000 in the number of catchable fish available to anglers would be worth about $ 600,000.

Timber Harvest, Revenue, and Job Growth Projected timber harvest levels and job growth under the anchor habitat strategy would not be altered from existing projections. This finding is based on analysis that assumes that the aggressive swiss needle cast disease abatement program and anchor habitat strategies of the current proposed plan are both implemented. While the anchor habitat strategy will result in a reduction in access to timber, this will be offset by newly projected timber harvest increases to treat swiss needle cast disease. Annual harvest volumes will increase from 113 MMBF in 2001 to 188 MMBF in 2010. Because overall timber volume harvested from the forest would not be reduced, job growth projections in the affected counties ( projected at an increase of 400 local jobs in the next ten years) would remain constant.

Recreation Revenues and Alternative Forest Products It is possible that forest related revenues from sources other that timber sales could increase with the adoption of an anchor habitat strategy. Increases in recreational fees, for example, might be instituted, or forest managers may collect addition revenues from the sale of forest products other than timber.

For example, a recent analysis in southern Oregon of the potential positive and negative aspects of designating a national monument concluded that, if expenditures by visitors to the monument from outside the local area increased 3 10 percent, the employment impact would be an increase in 210 700 jobs, more than offsetting the loss of 65 70 jobs in the timber industry. Similar opportunities are available to the managers of the two state forests and the residents of Clatsop and Tillamook counties.

Value added Forest Products Value added wood processing essentially derives greater value in products, jobs, wages, and the tax base than exporting raw materials to other counties for processing. Currently only 50% of harvested timber remains in Tillamook and Clatsop counties. Doing more with less is a successful economic development strategy that increases the level of community equity in the outcomes of forest management through business ownership, higher wage jobs, greater local flow of revenue dollars, and increased personal assets. For example, if 25% more MMBF could be captured by local processing in the counties, about 390 total local jobs would be created. At average salary rates for the sector, $ 23,500, this would translate into approximately $ 9,650,000 annually to community economies.

The Legal Context http:// www. inforain. org/ mapsatwork/ anchorhabitats/ ( 6 of 8) [ 9/ 30/ 2003 10: 10: 25 AM] Anchor Habitats: Tillamook and Clatsop State Forests  Executive Summary Based upon legal and scientific research, it is our conclusion that an anchor habitat strategy offers the best opportunity for the State of Oregon to meet their salmon recovery obligations on state forest lands under state and federal law.

Traditionally, the state has retained management authority for native fish species of the state. This authority is exercised in trust by the state for the benefit of its residents. This authority is well recognized and has been upheld by the courts. State law further requires that the state prevent the serious depletion of indigenous species, such as native salmon.

Additionally, the state must comply with the federal Endangered Species Act with regard to species such as Oregon coastal coho salmon, which are listed and protected under the Act. Forest management planning documents must incorporate practices and measures that ensure conformance to the requirements of this law or be subject to potential enforcement action.

State law recognizes timber production as one of the purposes of state forest management and requires that a portion of the revenues generated from forest management activities must be distributed to local counties. However, there is no legal requirement to maximize timber production and revenue generation on every acre of state forest lands. It is fully within the Board's discretion to manage some areas, such as the salmon anchor habitats proposed in this report, primarily for fish and wildlife productivity. This authority also extends to other non timber production uses such as recreation, municipal water supply protection, or watershed protection. These uses are consistent with the statutes authorizing the creation and rehabilitation of the state forest system.

An anchor habitat strategy for the Tillamook and Clatsop Forests will allow for scheduled timber harvest and predictable payments to counties under state law. It will assist in ensuring compliance with the federal Endangered Species Act and state laws protecting salmon. Reducing state exposure to potential liability for violation of state or federal law should be a high management priority for the state during its present planning process. Our proposal is intended to help facilitate the use of management strategies that will protect salmon and highly productive habitat, while allowing for other forest activities to commence in a timely way and continue without interruptions caused by legal violations.

Conclusion An anchor habitat plan for the restoration of salmon on the Tillamook and Clatsop State Forests is the most ecologically and economically sound way to manage these forests. We view anchor habitats as imperative to real recovery of salmon populations. Without them no progress will be made. They are economically viable, based on the best estimates of current and future timber harvests, revenues, and the acreages required for anchor habitats.

If all the major elements of this forest practices framework are included in a salmon restoration plan, we believe that it has a high likelihood of success. However, if anchor habitats are not protected as the core places where already declining salmon populations exist, salmon will decline further thus http:// www. inforain. org/ mapsatwork/ anchorhabitats/ ( 7 of 8) [ 9/ 30/ 2003 10: 10: 25 AM] Anchor Habitats: Tillamook and Clatsop State Forests  Executive Summary foreclosing on any future restoration.

Next Page » A Plan for Restoring Salmon on the Tillamook and Clatsop State Forests Using Anchor Habitat Strategies http:// www. inforain. org/ mapsatwork/ anchorhabitats/ ( 8 of 8) [ 9/ 30/ 2003 10: 10: 25 AM]


[Federal Register: February 25, 2010 (Volume 75, Number 37)]
[Notices]
[Page 8772-8774]
[DOCID:fr25fe10-143]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61537; File No. SR-FINRA-2009-095]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Order Approving Proposed Rule Change To Adopt FINRA
Rule 3240 (Borrowing From or Lending to Customers) in the Consolidated
FINRA Rulebook

February 18, 2010.

I. Introduction

    On December 31, 2009, Financial Industry Regulatory Authority, Inc.
(``FINRA'') (f/k/a National Association of Securities Dealers, Inc.
(``NASD'')) filed with the Securities and Exchange Commission (``SEC''
or ``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to adopt NASD Rule 2370 (Borrowing From or Lending
to Customers) as FINRA Rule 3240 (Borrowing From or Lending to
Customers) in the Consolidated FINRA Rulebook \3\ with certain changes
and to delete Incorporated NYSE Rules 352(e) (Limitations on Borrowing
From or Lending to Customers), (f) (Loan Procedures) and (g). The
proposed rule change would also add a Supplementary Material section
regarding record retention requirements to proposed FINRA Rule 3240.
The proposed rule change was published for comment in the Federal
Register on January 12, 2010.\4\ The Commission received no

comments on the proposed rule change. This order approves the proposed
rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ The current FINRA rulebook consists of (1) FINRA Rules; (2)
NASD Rules; and (3) rules incorporated from NYSE (``Incorporated
NYSE Rules'') (together, the NASD Rules and Incorporated NYSE Rules
are referred to as the ``Transitional Rulebook''). While the NASD
Rules generally apply to all FINRA members, the Incorporated NYSE
Rules apply only to those members of FINRA that are also members of
the NYSE (``Dual Members''). The FINRA Rules apply to all FINRA
members, unless such rules have a more limited application by their
terms. For more information about the rulebook consolidation
process, see Information Notice, March 12, 2008 (Rulebook
Consolidation Process).
    \4\ See Securities Exchange Act Release No. 61302 (January 6,
2010), 75 FR 1672 (January 12, 2010).
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II. Description of the Proposed Rule Change

    FINRA proposed adopting NASD Rule 2370 as FINRA Rule 3240 in the
Consolidated FINRA Rulebook with certain changes as described below.
FINRA also proposed deleting Incorporated NYSE Rules 352(e) through (g)
\5\ from the Transitional Rulebook.\6\ Further, the proposed rule
change would also add a Supplementary Material section regarding record
retention requirements to proposed FINRA Rule 3240.
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    \5\ For convenience, the Incorporated NYSE Rules are referred to
as the NYSE Rules.
    \6\ NYSE Rules 352(a) through (d) were deleted as part of a
prior rule change. See Securities Exchange Act Release No. 60701
(September 21, 2009), 74 FR 49425 (September 28, 2009) (Order
Approving File No. SR-FINRA-2009-014).
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A. Background

    The purpose of NASD Rule 2370 is to give FINRA member broker-
dealers the opportunity to evaluate the appropriateness of particular
lending arrangements between their registered persons and customers, to
the extent permitted by the member, and the potential for conflicts of
interests between both the registered person and his or her customer
and the registered person and the member with which he or she is
associated.
    To that end, NASD Rule 2370 prohibits registered persons from
borrowing money from or lending money to their customers (collectively
referred to as ``lending arrangements'') unless certain conditions are
met. Specifically, under Rule 2370, no registered person may borrow
money from or lend money to his or her customer unless the firm has
written procedures allowing such lending arrangements and (1) the
customer is a member of the registered person's immediate family; \7\
(2) the customer is in the business of lending money; (3) the customer
and the registered person are both registered persons of the same firm;
(4) the lending arrangement is based on a personal relationship outside
of the broker-customer relationship; or (5) the lending arrangement is
based on a business relationship outside of the broker-customer
relationship. In addition, with the exception of lending arrangements
between immediate family members and lending arrangements between
registered persons and customers in the business of lending money,
FINRA members are required to pre-approve in writing the other lending
arrangements described above.
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    \7\ NASD Rule 2370 defines the term ``immediate family'' to
include parents, grandparents, mother-in-law or father-in-law,
husband or wife, brother or sister, brother-in-law or sister-in-law,
son-in-law or daughter-in-law, children, grandchildren, cousin, aunt
or uncle, or niece or nephew, and any other person whom the
registered person supports, directly or indirectly, to a material
extent.
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    With respect to lending arrangements between immediate family
members, a FINRA member's written procedures may indicate that the
member permits such lending arrangements and that registered persons
need not notify the member or receive member approval for such lending
arrangements.
    For lending arrangements between registered persons and customers
in the business of lending money, a member's written procedures may
indicate that registered persons are not required to notify the member
or receive member approval for such lending arrangements, provided that
such lending arrangements have been made on commercial terms that the
customer generally makes available to members of the general public who
are similarly situated as to need, purpose and creditworthiness.\8\
Further, the member need not investigate such lending arrangements, but
may rely on the registered person's representation that the terms of
the loan meet these standards.
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    \8\ The fact that a registered person can negotiate a better
rate or terms for a loan that is not the product of the broker-
customer relationship would not vitiate the idea that the loan
occurred on terms generally offered to the public. See Notice to
Members 04-14 (March 2004).
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    It is important to note that members can choose to permit
registered persons to borrow money from or lend money to their
customers consistent with the requirements of the rule or prohibit the
practice in whole or in part.
    NYSE Rules 352(e) through (g) also govern lending arrangements
between registered persons and their customers. These provisions are
substantially similar to the provisions of NASD Rule 2370, with one
exception. NYSE Rule 352(f) provides an exception from the pre-approval
requirements of the rule for loans totaling $100 or less between
registered persons of the same firm.

B. Proposal

    FINRA proposed adopting NASD Rule 2370 as FINRA Rule 3240 in the
Consolidated FINRA Rulebook, subject to the following changes. FINRA
proposed amending paragraph (a) (Permissible Lending Arrangements;
Conditions) of the rule to indicate more explicitly that such
arrangements are subject to the procedural requirements set forth in
paragraph (b) (Notification and Approval) of the rule. FINRA also
proposed amending paragraph (a)(2)(B) of the rule regarding permissible
lending arrangements between registered persons and customers in the
business of lending money to indicate more explicitly that such
customers must be acting in the course of such business.
    Further, FINRA proposed amending paragraph (b)(1) of the rule to
require expressly that registered persons notify their member firms of
the lending arrangements that require member pre-approval (FINRA
proposed this change for purposes of consistency with paragraphs (b)(2)
and (3) of the rule, which provide that a registered person is not
required either to notify the member or receive member approval for
certain specified lending arrangements) and to clarify that any
modifications to such lending arrangements (including any extension of
the duration of such arrangements) are also subject to notification and
member pre-approval.
    In addition, FINRA proposed amending the definition of ``immediate
family'' in paragraph (c) (Definition of Immediate Family) of the rule
to replace the reference that the term ``includes'' the enumerated
persons to reflect that the term ``means'' such persons. Finally, FINRA
proposed adding Supplementary Material .01 (Record Retention) requiring
that members preserve the written pre-approval required by the rule for
at least three years after the date that the lending arrangement has
terminated or for at least three years after the registered person's
association with the member has terminated. FINRA proposed deleting
NYSE Rules 352(e) through (g) as the provisions of the NYSE rules are
substantially similar to NASD Rule 2370.
    FINRA will announce the implementation date of the proposed rule
change in a Regulatory Notice to be published no later than 90 days
following Commission approval. The implementation date will be no later
than 180 days following Commission approval.

III. Discussion and Findings

    After a careful review of the proposal, the Commission finds that
the proposed rule change is consistent with the requirements of the
Exchange Act and the rules and regulations thereunder applicable to
FINRA.\9\ In particular, the Commission finds that the proposed rule
change is consistent with Section

15A(b)(6) of the Exchange Act,\10\ which requires, among other things,
that FINRA's rules be designed to prevent fraud and manipulative
practices and to promote just and equitable principles of trade and, in
general, to protect investors and the public interest. The Commission
believes that the proposed rule change is reasonably designed to
achieve these ends by providing FINRA member broker-dealers the
opportunity to evaluate the appropriateness of certain lending
arrangements between their registered persons and others, to the extent
permitted by a FINRA member broker-dealer, and the potential that these
lending arrangements could create certain conflicts of interest.
---------------------------------------------------------------------------

    \9\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \10\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Exchange Act,\11\ that the proposed rule change (SR-FINRA-2009-095) be,
and hereby is, approved.
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    \11\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

    \12\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-3775 Filed 2-24-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: February 24, 2009 (Volume 74, Number 35)]
[Rules and Regulations]
[Page 8172-8173]
[DOCID:fr24fe09-15]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-1162; Airspace Docket No. 08-AAL-33]

Revision of Class D and E Airspace; King Salmon, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action revises Class D and E airspace at King Salmon, AK,
to provide adequate controlled airspace to contain aircraft executing
Standard Instrument Approach Procedures (SIAPs). Nine SIAPs, and a
textual Obstacle Departure Procedure (ODP) are being amended for the
King Salmon Airport. This action revises Class D and E airspace upward
from the surface, and from 700 feet (ft.) and 1,200 ft. above the
surface at King Salmon Airport, King Salmon, AK.

DATES: Effective Date: 0901 UTC, May 7, 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.

FOR FURTHER INFORMATION CONTACT: Gary Rolf, AAL-538G, Federal Aviation
Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513-7587;
telephone number<PHONE_NUMBER>; fax:<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>Internet address: http://www.faa.gov/about/
office_org/headquarters_offices/ato/service_units/systemops/fs/
alaskan/rulemaking/.

SUPPLEMENTARY INFORMATION:

History

    On Monday, Decemer 8, 2008, the FAA proposed to amend part 71 of
the Federal Aviation Regulations (14 CFR part 71) to revise Class D and
E airspace upward from the surface, and from 700 ft. and 1,200 ft.
above the surface at King Salmon, AK (73 FR 74378). The action was
proposed in order to create Class D and E airspace sufficient in size
to contain aircraft while executing instrument procedures for the King
Salmon Airport. Class D and E controlled airspace extending upward from
the surface, and from 700 ft. and 1,200 ft. above the surface in the
King Salmon Airport area is revised 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 with the
following exception. The airport location has been updated to reflect
current survey data. With the exception of editorial changes, and the
changes described above, this rule is the same as that proposed in the
NPRM.
    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 D airspace area designations are published
in paragraph 5000 in FAA Order 7400.9S, Airspace Designations and
Reporting Points, signed October 3, 2008, and effective October 31,
2008, which is incorporated by reference in 14 CFR 71.1. The Class E2
surface areas are published in paragraph 6002 in FAA Order 7400.9S,
Airspace Designations and Reporting Points, signed October 3, 2008, and
effective October 31, 2008, which is incorporated by reference in 14
CFR 71.1. The Class E4 surface areas designated as extensions to Class
D surface areas are published in paragraph 6004 in FAA Order 7400.9S,
Airspace Designations and Reporting Points, signed October 3, 2008, and
effective October 31, 2008, which is incorporated by reference in 14
CFR 71.1. The Class E airspace areas designated as 700/1200 foot
transition areas are published in paragraph 6005 in FAA Order 7400.9S,
Airspace Designations and Reporting Points, signed October 3, 2008, and
effective October 31, 2008, which is incorporated by reference in 14
CFR 71.1. The Class D and E airspace designations listed in this
document would be published subsequently in the Order.

The Rule

    This amendment to 14 CFR part 71 revises Class D and E airspace at
the King Salmon Airport, Alaska. This Class D and E airspace is revised
to accommodate aircraft executing amended instrument procedures, 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 King Salmon
Airport, King Salmon, 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. 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 D and E airspace sufficient in size to contain
aircraft executing instrument procedures for the King Salmon 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 7400.9S, Airspace Designations and Reporting
Points, signed October 3, 2008, and effective October 31, 2008, is
amended as follows:
* * * * *

Paragraph 5000 General.

* * * * *

AAL AK D King Salmon, AK [Revised]

King Salmon, King Salmon Airport, AK
    (Lat. 58[deg]40'35'' N., long. 156[deg]38'55'' W.)

    That airspace extending upward from the surface to and including
2,500 feet MSL within a 4.4-mile radius of the King Salmon Airport,
AK. This Class D airspace area is effective during the specific
dates and times established in advance by a Notice to Airmen. The
effective date and time will thereafter be continuously published in
the Airport/Facility Directory.
* * * * *

Paragraph 6002 Class E Airspace Designated as Surface Areas.

* * * * *

AAL AK E2 King Salmon, AK [Revised]

King Salmon, King Salmon Airport, AK
    (Lat. 58[deg]40'35'' N., long. 156[deg]38'55'' W.)

    Within a 4.4-mile radius of the King Salmon Airport, AK. This
Class E airspace area is effective during the specific dates and
times established in advance by a Notice to Airmen. The effective
date and time will thereafter be continuously published in the
Airport/Facility Directory.
* * * * *

Paragraph 6004 Class E Airspace Areas Designated as an Extension to
a Class D Surface Area.

* * * * *

AAL AK E4 King Salmon, AK [Revised]

King Salmon, King Salmon Airport, AK
    (Lat. 58[deg]40'35'' N., long. 156[deg]38'55'' W.)

    That airspace extending upward from the surface within 4 miles
either side of the 312[deg] bearing from the King Salmon Airport,
AK, to 10.7 miles northwest of the King Salmon Airport, AK.
* * * * *

Paragraph 6005 Class E Airspace Extending Upward from 700 Feet or
More Above the Surface of the Earth.

* * * * *

AAL AK E5 King Salmon, AK [Revised]

King Salmon, King Salmon Airport, AK
    (Lat. 58[deg]40'35'' N., long. 156[deg]38'55'' W.)
King Salmon VORTAC
    (Lat. 58[deg]43'29'' N., long. 156[deg]45'08'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.9-mile radius of the King Salmon Airport, AK, and within
5 miles north and 9 miles south of the 132[deg] radial of the King
Salmon VORTAC, AK, extending from the King Salmon VORTAC, AK, to 36
miles southeast of the King Salmon VORTAC, AK, and within 3.9 miles
either side of the 312[deg] radial of the King Salmon VORTAC, AK,
extending from the 6.9-mile radius to 13.9 miles northwest of the
King Salmon VORTAC, AK; and that airspace extending upward from
1,200 feet above the surface within a 73-mile radius of the King
Salmon Airport, AK.
* * * * *

    Issued in Anchorage, AK, on February 13, 2009.
James L. Krause,
Acting Manager, Alaska Flight Services Information Area Group.
 [FR Doc. E9-3825 Filed 2-23-09; 8:45 am]

BILLING CODE 4910-13-P