FR Airspace Designations Incorporation by Reference by jennyyingdi

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									                                                                                                                                                                                       60939

                                     Rules and Regulations                                                                                         Federal Register
                                                                                                                                                   Vol. 73, No. 200

                                                                                                                                                   Wednesday, October 15, 2008



                                     This section of the FEDERAL REGISTER                    descriptions, the FAA requested                          The FAA has determined that this
                                     contains regulatory documents having general            approval from the Office of the Federal               action: (1) Is not a ‘‘significant
                                     applicability and legal effect, most of which           Register to incorporate the material by               regulatory action’’ under Executive
                                     are keyed to and codified in the Code of                reference in the Federal Aviation                     Order 12866; (2) is not a ‘‘significant
                                     Federal Regulations, which is published under                                                                 rule’’ under DOT Regulatory Policies
                                     50 titles pursuant to 44 U.S.C. 1510.
                                                                                             Regulations section 71.1, effective
                                                                                             September 15, 2007, through September                 and Procedures (44 FR 11034; February
                                     The Code of Federal Regulations is sold by              15, 2008. During the incorporation by                 26, 1979); and (3) does not warrant
                                     the Superintendent of Documents. Prices of              reference period, the FAA processed all               preparation of a regulatory evaluation as
                                     new books are listed in the first FEDERAL               proposed changes of the airspace                      the anticipated impact is so minimal.
                                     REGISTER issue of each week.                            listings in FAA Order 7400.9R in full                 This action neither places any new
                                                                                             text as proposed rule documents in the                restrictions or requirements on the
                                                                                             Federal Register. Likewise, all                       public, nor changes the dimensions or
                                     DEPARTMENT OF TRANSPORTATION                            amendments of these listings were                     operation requirements of the airspace
                                                                                             published in full text as final rules in              listings incorporated by reference in
                                     Federal Aviation Administration                                                                               part 71. Consequently, notice and public
                                                                                             the Federal Register. On September 22,
                                                                                             2008, the FAA published in the Federal                procedure under 5 U.S.C. 553(b) are
                                     14 CFR Part 71                                                                                                unnecessary. Because this action will
                                                                                             Register a final rule extending the IBR
                                     [Docket No. 29334; Amendment No. 71–40]                                                                       continue to update the changes to the
                                                                                             approval of FAA Order 7400.9R in
                                                                                                                                                   airspace designations, which are
                                                                                             section 71.1, as of September 16, 2008
                                     Airspace Designations; Incorporation                                                                          depicted on aeronautical charts, and to
                                                                                             until October 31, 2008 (73 FR 54494).
                                     by Reference                                                                                                  avoid any unnecessary pilot confusion,
                                                                                             This rule reflects the periodic
                                                                                                                                                   I find that good cause exists, under 5
                                     AGENCY:  Federal Aviation                               integration of these final rule                       U.S.C. 553(d), for making this
                                     Administration (FAA), DOT.                              amendments into a revised edition of                  amendment effective in less than 30
                                     ACTION: Final rule.                                     Order 7400.9S, Airspace Designations                  days.
                                                                                             and Reporting Points.
                                     SUMMARY: This action amends Title 14                                                                          List of Subjects in 14 CFR Part 71
                                     Code of Federal Regulations (14 CFR)                    The Rule
                                                                                                                                                     Airspace, Incorporation by reference,
                                     part 71 relating to airspace designations                  This action amends Title 14 Code of                Navigation (air).
                                     to reflect the approval by the Director of              Federal Regulations (14 CFR) part 71 to
                                     the Federal Register of the incorporation                                                                     Adoption of the Amendment
                                                                                             reflect the approval by the Director of
                                     by reference of FAA Order 7400.9S,                      the Federal Register of the incorporation             ■ In consideration of the foregoing, the
                                     Airspace Designations and Reporting                     by reference of FAA Order 7400.9S,                    Federal Aviation Administration
                                     Points. This action also explains the                   effective October 31, 2008, through                   amends 14 CFR part 71 as follows:
                                     procedures the FAA will use to amend                    September 15, 2009. During the
                                     the listings of Class A, B, C, D, and E                 incorporation by reference period, the                PART 71—DESIGNATION OF CLASS A,
                                     airspace areas; air traffic service routes;             FAA will continue to process all                      B, C, D, AND E AIRSPACE AREAS; AIR
                                     and reporting points incorporated by                                                                          TRAFFIC SERVICE ROUTES; AND
                                                                                             proposed changes of the airspace
                                     reference.                                                                                                    REPORTING POINTS
                                                                                             listings in FAA Order 7400.9S in full
                                     DATES:  Effective Date: These regulations               text as proposed rule documents in the                ■ 1. The authority citation for part 71
                                     are effective October 31, 2008. The                     Federal Register. Likewise, all                       continues to read as follows:
                                     incorporation by reference of FAA                       amendments of these listings will be                    Authority: 49 U.S.C. 106(g), 40103, 40113,
                                     Order 7400.9S is approved by the                        published in full text as final rules in              40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
                                     Director of the Federal Register as of                  the Federal Register. The FAA will                    1963 Comp., p. 389.
                                     October 31, 2008, through September                     periodically integrate all final rule
                                     15, 2009.                                                                                                     ■ 2. Section 71.1 is revised to read as
                                                                                             amendments into a revised edition of
                                                                                                                                                   follows:
                                     FOR FURTHER INFORMATION CONTACT:                        the Order, and submit the revised
                                     Sarah Combs, Airspace and Rules                         edition to the Director of the Federal                § 71.1   Applicability.
                                     Group, Office of System Operations                      Register for approval for incorporation                  A listing for Class A, B, C, D, and E
                                     Airspace and AIM, Federal Aviation                      by reference in section 71.1. The                     airspace areas; air traffic service routes;
                                     Administration, 800 Independence                        Director of the Federal Register has                  and reporting points can be found in
                                     Avenue, SW., Washington, DC 20591;                      approved the incorporation by reference               FAA Order 7400.9S, Airspace
                                     telephone: (202) 267–3571.                              of FAA Order 7400.9S in section 71.1,                 Designations and Reporting Points,
                                     SUPPLEMENTARY INFORMATION:                              as of October 31, 2008, through                       dated October 3, 2008. This
                                                                                             September 15, 2009. This rule also                    incorporation by reference was
                                     History                                                 explains the procedures the FAA will                  approved by the Director of the Federal
                                        FAA Order 7400.9R, Airspace                          use to amend the airspace designations                Register in accordance with 5 U.S.C. 552
                                     Designations and Reporting Points,                      incorporated by reference in part 71.                 (a) and 1 CFR part 51. The approval to
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                                     effective September 15, 2007, listed                    Sections 71.5, 71.15, 71.31, 71.33, 71.41,            incorporate by reference FAA Order
                                     Class A, B, C, D and E airspace areas;                  71.51, 71.61, 71.71, and 71.901 are also              7400.9S is effective October 31, 2008,
                                     air traffic service routes; and reporting               updated to reflect the incorporation by               through September 15, 2009. During the
                                     points. Due to the length of these                      reference of FAA Order 7400.9S.                       incorporation by reference period,


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                                     60940            Federal Register / Vol. 73, No. 200 / Wednesday, October 15, 2008 / Rules and Regulations

                                     proposed changes to the listings of Class                7400.9R’’ and adding, in their place, the             5527; Fax: 202–493–2251. You must
                                     A, B, C, D, and E airspace areas; air                    words ‘‘FAA Order 7400.9S.’’                          identify the Docket Number FAA–2008–
                                     traffic service routes; and reporting                                                                          0923; Airspace Docket No. 08–AEA–22,
                                     points will be published in full text as                 § 71.71    [Amended]                                  at the beginning of your comments. You
                                     proposed rule documents in the Federal                   ■ 10. Paragraphs (b), (c), (d), (e), and (f)          may also submit and review received
                                     Register. Amendments to the listings of                  of section 71.71 are amended by                       comments through the Internet at
                                     Class A, B, C, D, and E airspace areas;                  removing the words ‘‘FAA Order                        http://www.regulations.gov.
                                     air traffic service routes; and reporting                7400.9R’’ and adding, in their place, the                You may review the public docket
                                     points will be published in full text as                 words ‘‘FAA Order 7400.9S.’’                          containing the rule, any comments
                                     final rules in the Federal Register.                                                                           received, and any final disposition in
                                     Periodically, the final rule amendments                  § 71.901    [Amended]
                                                                                                                                                    person in the Dockets Office (see
                                     will be integrated into a revised edition                ■ 11. Paragraph (a) of section 71.901 is              ADDRESSES section for address and
                                     of the Order and submitted to the                        amended by removing the words ‘‘FAA                   phone number) between 9 a.m. and 5
                                     Director of the Federal Register for                     Order 7400.9R’’ and adding, in their                  p.m., Monday through Friday, except
                                     approval for incorporation by reference                  place, the words ‘‘FAA Order 7400.9S.’’               Federal Holidays.
                                     in this section. Copies of FAA Order                       Issued in Washington, DC, on October 3,                An informal docket may also be
                                     7400.9S may be obtained from Airspace                    2008.                                                 examined during normal business hours
                                     and Rules Group, Federal Aviation                        Edith V. Parish,                                      at the office of the Eastern Service
                                     Administration, 800 Independence                                                                               Center, Federal Aviation
                                                                                              Manager, Airspace and Rules Group.
                                     Avenue, SW., Washington, DC 20591,                                                                             Administration, Room 210, 1701
                                                                                              [FR Doc. E8–24086 Filed 10–14–08; 8:45 am]
                                     (202) 267–8783. An electronic version of                                                                       Columbia Avenue, College Park, Georgia
                                                                                              BILLING CODE 4910–13–P
                                     the Order is available on the FAA Web                                                                          30337.
                                     site at http://www.faa.gov/                                                                                    FOR FURTHER INFORMATION CONTACT:
                                     airports_airtraffic/air_traffic/                                                                               Daryl Daniels, Operations Support,
                                                                                              DEPARTMENT OF TRANSPORTATION
                                     publications/. Copies of FAA Order                                                                             Eastern Service Center, Federal Aviation
                                     7400.9S may be inspected in Docket No.                   Federal Aviation Administration                       Administration, P.O. Box 20636,
                                     29334 at http://www.regulations.gov or                                                                         Atlanta, Georgia 30320; telephone (404)
                                     at the National Archives and Records                     14 CFR Part 71                                        305–5581.
                                     Administration.
                                                                                              [Docket No. FAA–2008–0923; Airspace                   SUPPLEMENTARY INFORMATION:
                                     § 71.5    [Amended]                                      Docket 08–AEA–22]                                     The Direct Final Rule Procedure
                                     ■ 3. Section 71.5 is amended by
                                                                                              Modification of Class E Airspace;                        The FAA anticipates that this
                                     removing the words ‘‘FAA Order
                                                                                              Culpeper, VA; Removal of Class E                      regulation will not result in adverse or
                                     7400.9R’’ and adding, in their place, the
                                                                                              Airspace; Pelham Lake, VA                             negative comments, and, therefore,
                                     words ‘‘FAA Order 7400.9S.’’
                                                                                                                                                    issues it as a direct final rule. The FAA
                                                                                              AGENCY: Federal Aviation                              has determined that this rule only
                                     § 71.15   [Amended]
                                                                                              Administration (FAA), DOT.                            involves an established body of
                                     ■ 4. Section 71.15 is amended by                         ACTION: Direct Final rule, Request for
                                     removing the words ‘‘FAA Order                                                                                 technical regulations for which frequent
                                                                                              Comments.                                             and routine amendments are necessary
                                     7400.9R’’ and adding, in their place, the
                                     words ‘‘FAA Order 7400.9S.’’                                                                                   to keep them operationally current. This
                                                                                              SUMMARY: This action modifies and
                                                                                                                                                    rule is effective and there will be no
                                                                                              restores Class E airspace that had
                                     § 71.31   [Amended]                                                                                            further action by the FAA unless a
                                                                                              inadvertently been omitted at Culpeper,
                                     ■ 5. Section 71.31 is amended by                                                                               written adverse or negative comment or
                                                                                              VA. Additionally, this action transfers
                                     removing the words ‘‘FAA Order                                                                                 a written notice of intent to submit an
                                                                                              airspace listed under Pelham Lake, VA
                                     7400.9R’’ and adding, in their place, the                                                                      adverse or negative comment is received
                                                                                              to that listed under Culpeper, VA, more
                                     words ‘‘FAA Order 7400.9S.’’                                                                                   within the comment period. If the FAA
                                                                                              appropriately identifying its official
                                                                                                                                                    receives, within the comment period, an
                                     § 71.33   [Amended]                                      location. This rule increases the safety
                                                                                                                                                    adverse or negative comment, or written
                                                                                              and management of the National
                                     ■ 6. Paragraph (c) of section 71.33 is                                                                         notice of intent to submit such a
                                                                                              Airspace System (NAS) around the
                                     amended by removing the words ‘‘FAA                                                                            comment, a document withdrawing the
                                                                                              Culpeper Regional Airport and the
                                     Order 7400.9R’’ and adding, in their                                                                           direct final rule will be published in the
                                                                                              Culpeper Memorial Hospital Heliport.
                                     place, the words ‘‘FAA Order 7400.9S.’’                                                                        Federal Register, and a notice of
                                                                                              DATES: Effective 0901 UTC, January 15,                proposed rulemaking may be published
                                     § 71.41   [Amended]                                      2009. The Director of the Federal                     with a new comment period.
                                     ■ 7. Section 71.41 is amended by                         Register approves this incorporation by
                                                                                              reference action under title 1, Code of               Comments Invited
                                     removing the words ‘‘FAA Order
                                     7400.9R’’ and adding, in their place, the                Federal Regulations, part 51, subject to                 Although this action is in the form of
                                     words ‘‘FAA Order 7400.9S.’’                             the annual revision of FAA Order                      a direct final rule, and was not preceded
                                                                                              7400.9 and publication of conforming                  by a notice of proposed rulemaking,
                                     § 71.51   [Amended]                                      amendments. Comments for inclusion                    interested persons are invited to
                                     ■ 8. Section 71.51 is amended by                         in the Rules Docket must be received on               comment on this rule by submitting
                                     removing the words ‘‘FAA Order                           or before December 1, 2008.                           such written data, views, or arguments
                                     7400.9R’’ and adding, in their place, the                ADDRESSES: Send comments on this rule                 as they may desire. An electronic copy
                                     words ‘‘FAA Order 7400.9S.’’                             to: U.S. Department of Transportation,                of this document may be downloaded
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                                                                                              Docket Operations, West Building,                     from and comments may be submitted
                                     § 71.61   [Amended]                                      Ground Floor, Room W12–140, 1200                      and reviewed at http://
                                     ■ 9. Section 71.61 is amended by                         New Jersey, SE., Washington, DC                       www.regulations.gov. Recently
                                     removing the words ‘‘FAA Order                           20590–0001; Telephone: 1–800 647–                     published rulemaking documents can


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