This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

50105 

Vol. 74, No. 188 

Wednesday, September 30, 2009 

1Charles Alan Wright, Arthur R. Miller & Richard 

L. Marcus, Federal Practice & Procedure, § 2218 at 

449 (2d ed. 2006). 

FEDERAL RESERVE SYSTEM 

12 CFR Part 219 

[Regulation S; Docket No. R–1325] 

Reimbursement for Providing Financial 

Records; Recordkeeping 

Requirements for Certain Financial 

Records 

AGENCY: Board of Governors of the 

Federal Reserve System. 

ACTION: Final rule. 

SUMMARY: The Board of Governors of the 

Federal Reserve System (Board) has 

approved amendments to Subpart A of 

Regulation S, which implements the 

requirement under the Right to 

Financial Privacy Act (RFPA) that the 

Board establish the rates and conditions 

under which payment shall be made by 

a government authority to a financial 

institution for assembling or providing 

financial records pursuant to RFPA. 

These proposed amendments update the 

fees to be charged and takes account of 

recent advances in electronic document 

productions. 

DATES: Effective Date: January 1, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Jason Gonzalez, Counsel (202/452– 

3275), Legal Division, Board of 

Governors of the Federal Reserve 

System, Washington, DC 20551. For 

users of the Telecommunication Device 

for the Deaf (TDD), please call (202) 

263–4869. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 1115 of the RFPA (12 U.S.C. 

3415) requires the Board to establish, by 

regulation, the rates and conditions 

under which payment is made by a 

Government authority to a financial 

institution for searching for, 

reproducing, or transporting data 

required or requested under the RFPA. 

Shortly after the RFPA was adopted, the 

Board issued Regulation S (12 CFR Part 

219) to implement this provision (44 FR 

55812, September 28, 1979). These 

provisions were subsequently 

designated Subpart A of Regulation S. In 

June 1996, the Board revised Regulation 

S by updating the fees financial 

institutions could charge and 

streamlining the Subpart generally. (61 

FR 29638, June 12, 1996). 

Since the last revision, two significant 

changes have occurred that now require 

further amendments to Subpart A of 

Regulation S. First, increases in salary 

and benefits have caused the fees 

chargeable for reproducing financial 

records to become outdated. 

Furthermore, in recent years, the 

production of electronically stored 

information during investigations and in 

litigation has become increasingly 

common.1 Many government agencies 

now prefer to receive information in 

digital formats, thereby easing handling 

and analysis. In addition, many agency 

document requests now require that 

information be submitted in electronic 

form. 

Proposed Amendments 

In response to these developments, 

the Board proposed in August 2008 

issuing amendments designed to update 

the existing rates to be paid for 

personnel costs, to provide a 

reimbursement scheme that more 

accurately reflects the costs of 

producing electronically stored 

information in digital formats, and 

making minor clarifying changes (73 FR 

47854, August 15, 2008). Specifically, 

the proposed amendments substantially 

increased the labor rates, added a third 

job category for specialized computer 

support, included an automatic 

adjustment every five years for changes 

in labor rates, precluded reimbursement 

on a per-page basis for production of 

paper documents that had been stored 

electronically unless the requesting 

government agency sought production 

of paper documents, and replaced the 

$5.00 ‘‘per diskette’’ charge with a $5.00 

fee for electronic transmissions, per 

request. The Federal Register Notice 

accompanying the proposed 

amendments also sought comments on 

whether the existing fees for microfiche 

or microfilm-based productions should 

be eliminated as outmoded. 

Summary and Analysis of the 

Comments 

The Board received eleven comments 

on the proposed revisions, most of 

which were supportive of the Board’s 

effort to update the regulation. 

Personnel Labor Rates 

Most of the comments strongly 

supported increasing the labor rates 

found in Subpart A. Four comments 

asserted that the new rates were too low, 

but none suggested an alternative 

benchmark for salary and benefits that 

would be more reliable than what is 

contained in the Occupational 

Employments Statistics (‘‘OES’’) 

program maintained by the Bureau of 

Labor Statistics (‘‘BLS’’), which 

provided the basis for the labor wage 

rates in the proposed amendments. 

None of the comments objected to the 

Board’s mechanism for periodically 

updating the labor rates found in the 

regulation; however, three comments 

urged the Board to consider updating 

the rates more frequently than every five 

years, such as annually, bi-annually, or 

every three years. Under the proposed 

rule, the labor rates would be adjusted 

on April 1, 2012, and every five years 

thereafter. In May 2009, the BLS issued 

new data under the OES program, but 

the new data did not result in any 

changes to the personnel reimbursement 

rates set forth in the proposed 

amendments. The Board has modified 

the schedule in the final rule to provide 

for updated labor rates every three 

years, beginning September 30, 2012. 

The Board believes that a three-year 

schedule provides an appropriate 

balance between the convenience of 

having financial institutions and 

agencies using the same rates for an 

extended period of time against the 

benefit of relying on more recent wage 

data. The September 30 date is 

appropriate because the BLS data are 

typically released in May, which will 

provide the Board with an adequate lead 

time to incorporate the recent data to 

into the reimbursement rate schedules 

and publicize these changes to the 

industry. 

Three comments suggested adding 

language that would permit the Board to 

designate an equivalent source of wage 

data in the event the BLS substantially 

changes or eliminates the relevant job 


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50106 Federal Register / Vol. 74, No. 188 / Wednesday, September 30, 2009 / Rules and Regulations 

categories found in the OES program. 

The final rule accepts this suggestion so 

that a full rulemaking proceeding does 

not need to be initiated just to make a 

technical conforming change to the 

calculation of the labor rates. 

Limitations on per-Page 

Reimbursement for Paper Documents 

One trade group raised several issues 

about the provision that would prevent 

financial institutions from being 

reimbursed on a per-page basis for paper 

copies of electronically stored 

documents, unless the government 

agency seeking the documents requested 

production of the information on paper. 

The trade group questioned whether the 

Board has the authority to limit 

reimbursement in this fashion. Section 

1115 of the RFPA (12 U.S.C. 3415) 

requires the Board to issue regulations 

‘‘to establish the rates and conditions’’ 

for reimbursement of ‘‘such costs as are 

reasonably necessary and which have 

been directly incurred in searching for, 

reproducing or transporting the books, 

papers, records or other data required or 

requested * * *’’ (emphasis added). 

The Board interprets this statutory 

language not to require additional 

reimbursement to financial institutions 

for the creation of paper records when 

the information is stored in electronic 

form, paper documents are not required 

in order for the financial institution to 

comply with the government agency’s 

request, and reimbursement is available 

for personnel and certain out-of-pocket 

costs incurred while searching for, 

reproducing, and delivering the 

information to the requesting agency in 

digital form. In such a case, costs 

incurred for production of paper records 

are not reasonably necessary to comply 

with the government agency request. 

The trade group that opposed the 

conditions on per-page reimbursement 

for paper copies also asserted that some 

financial institutions will need to 

devote resources to converting their 

electronic information to usable formats 

in order to comply with a government 

document request, and that such 

conversion may be complex or costly, 

but not be reimbursed. The Board 

believes that some such costs are likely 

to be incurred in any event because an 

increasing proportion of document 

requests (governmental and 

nongovernmental) now require that 

information be provided in electronic 

formats. See Fed. R. Civ. Proc. 

45(d)(1)(B)(electronically stored 

information must be produced in format 

specified, or, if not specified, in the 

form in which it is ordinarily 

maintained or in a reasonably usable 

form). Moreover, Regulation S permits 

institutions to receive reimbursement, 

‘‘[i]f itemized separately [for] the actual 

cost of extracting information stored by 

computer in the format in which it is 

normally produced, based on computer 

time and necessary supplies.’’ 12 CFR 

219.4(b)(2). Accordingly, such 

conversion costs are reimbursable 

according to the terms of the regulation. 

Finally, under the terms of the amended 

regulation, a government agency may 

agree to accept paper copies in lieu of 

an electronic production, and the 

financial institution will be reimbursed 

on a per-page basis. 

The trade group and a financial 

institution also expressed concern that 

production of customer information in 

electronic form could raise privacy 

issues and the possibility of data 

breaches, as well as evidentiary issues 

in subsequent proceedings. While 

privacy protection is a significant issue, 

financial institutions generally are 

required to have policies and 

procedures to safeguard customer data 

under other laws. The Board also notes 

that production of customer information 

in paper form is among the least secure 

media, without password protection or 

encryption. As discussed below, the 

amended regulation also provides that 

financial institutions may be reimbursed 

for the actual cost of storage media, 

which may include encryption 

technologies. Financial institutions may 

also be reimbursed for delivery costs, 

which may include reasonable measures 

taken to insure against a data breach, 

such as the use of registered mail or 

courier services as required. Additional 

concerns about customer privacy and 

safeguards against data breaches may be 

addressed by the requesting government 

agency and the financial institution 

producing the information. Similarly, 

any issues about authentication of 

electronic data as opposed to paper 

documents may be addressed between 

the requesting agency and the financial 

institution. A government agency that is 

concerned about authentication of 

electronically produced information 

may request production in paper form, 

which entitles the financial institution 

to reimbursement on a per-page basis. 

Alternatively, the trade group 

requested that the implementation of 

the amended rule be delayed for a year 

to enable financial institutions to 

revamp their systems to produce 

documents electronically. The Board 

has determined that January 1, 2010, 

should be the effective date. This 

effective date is more than a year after 

the amended rule was first proposed. 

Financial institution reimbursements for 

personnel costs will significantly 

increase as a result of the amendments, 

which are likely to offset in whole or in 

part any reduction in reimbursement 

amounts attributable to the inability to 

charge on a per-page basis for paper 

documents. 

Proposed $5.00 Fee for ‘‘Electronic 

Productions, per Request’’ 

Several comments indicated that there 

was ambiguity concerning the proposed 

$5.00 reimbursement for ‘‘Electronic 

Productions, per request.’’ This 

reimbursement provision was designed 

to replace the $5.00 ‘‘per diskette’’ 

charge in the existing regulation, 

because diskettes are no longer widely 

used, having been replaced by other 

storage media. The comments also noted 

that there was ambiguity as to whether 

‘‘per request’’ meant each account 

requested by an agency, each customer 

whose information was being sought, or 

each production of electronic 

information. One commenter also noted 

that some storage media (such as 

encrypted flash storage devices or 

‘‘memory sticks’’) cost more than $5.00. 

In response to these comments and to 

eliminate any ambiguity, the Board is 

revising the provision and eliminating 

the $5.00 fixed fee for electronic 

transmissions. In the final version, the 

schedule in Appendix A specifically 

contemplates reimbursement for the 

actual acquisition price to the financial 

institution of the storage medium (CD, 

flash storage device, etc.) used to 

transmit the data. No fixed 

reimbursement will be available for 

transmittal made by electronic mail (‘‘email’’), because it does not appear to be 

practical to quantify the costs directly 

incurred (if any) for making e-mail 

transmissions. Financial institutions 

may be reimbursed, however, for the 

personnel costs and other identified 

costs incurred related to making e-mail 

transmissions. Whether transmission of 

customer data by e-mail is acceptable on 

information security and evidentiary 

grounds is a matter between the 

requesting government agency and the 

financial institution. 

Reimbursement for Microfiche and 

Microfilm Productions 

Three comments urged the Board to 

keep the provisions regarding microfilm 

and microfiche duplication. Apparently, 

although use of these media is 

declining, a significant number of 

financial institutions continue to 

maintain records in these formats. 

Accordingly, the final rule will continue 

to allow financial institutions to charge 

$0.25 (per frame) for photocopying 

microfiche and $.50 (per microfiche) for 

duplicating microfiche. 


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Federal Register / Vol. 74, No. 188 / Wednesday, September 30, 2009 / Rules and Regulations 50107 

Fees for Delivery and Transportation 

Costs 

Two commenters requested that the 

regulation set out that costs for delivery 

of the information be reimbursable, such 

as postage, or courier costs. 

Reimbursement for these items is 

already covered by the existing 

regulation, 12 CFR 219.3(d). However, 

in light of the comments, the Board is 

clarifying the language of section 

219.3(d) to make explicit that it includes 

reimbursement for reasonable deliveryrelated costs. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

requires an agency that is issuing a final 

rule to prepare and make available a 

regulatory flexibility analysis that 

describes the impact of the final rule on 

small entities. 5 U.S.C. 603(a). The RFA 

provides that an agency is not required 

to prepare and publish a regulatory 

flexibility analysis if the agency certifies 

that the final rule will not have a 

significant economic impact on a 

substantial number of small entities. 5 

U.S.C. 605(b). 

Pursuant to section 605(b), the Board 

certifies that this final rule will not have 

a significant economic impact on a 

substantial number of small entities. 

The rule implements the reimbursement 

requirement under the RFPA and will 

benefit small institutions as a result of 

the increases in the reimbursement 

schedule for personnel costs associated 

with the requirement to assemble and 

reproduce financial records. The impact 

on institutions of converting their 

electronic information to a usable 

format, at the request of a government 

agency, would be positive because 

institutions may be reimbursed for 

personnel costs in searching for and 

processing a request for information that 

is stored electronically, including the 

personnel time directly incurred in 

converting the information to a format 

that the government agency requires. 

There are no new reporting, 

recordkeeping, or other compliance 

requirements associated with this rule. 

Paperwork Reduction Act 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. Ch. 

3506; 5 CFR 1320 Appendix A.1), the 

Board reviewed the final rule under the 

authority delegated to the Board by the 

Office of Management and Budget. No 

collections of information pursuant to 

the Paperwork Reduction Act are 

contained in the proposed rule. 

List of Subjects in 12 CFR Part 219 

Banks, banking, Currency, Federal 

Reserve System, Foreign banking, 

Reporting and recordkeeping 

requirements. 

Authority and Issuance 

■ For the reasons set out in the 

preamble, 12 CFR Part 219 is amended 

as set forth below. 

PART 219—REIMBURSEMENT FOR 

PROVIDING FINANCIAL RECORDS; 

RECORDKEEPING REQUIREMENTS 

FOR CERTAIN FINANCIAL RECORDS 

(REGULATION S) 

■ 1. The authority citation for part 219 

continues to read as follows: 

Authority: 12 U.S.C. 3415. 

■ 2. In § 219.3, paragraphs (a), (b)(2), (c), 

and (d) and appendix A to § 219.3 are 

revised and paragraph (b)(3) is added to 

read as follows: 

§ 219.3 Cost Reimbursement 

(a) Fees payable. (1) Except as 

provided in § 219.4 of this part, a 

government authority seeking access to 

financial records pertaining to a 

customer, by written request, through: 

(i) A court order; 

(ii) A subpoena issued pursuant to the 

Federal Rules of Criminal Procedure or 

the Federal Rules of Civil Procedure; or 

(iii) Other agency administrative 

procedures, including administrative 

subpoenas, voluntary requests, or other 

process shall reimburse the financial 

institution for reasonably necessary 

costs directly incurred in searching for, 

reproducing or transporting books, 

papers, records, or other data as set forth 

in this section. 

(2) The reimbursement schedule for a 

financial institution is set forth in 

Appendix A to this section. If a 

financial institution has financial 

records that are stored at an 

independent storage facility that charges 

a fee to search for, reproduce, or 

transport particular records requested, 

these costs are considered to be directly 

incurred by the financial institution and 

may be included in the reimbursement. 

(b) * * * 

(2) If itemized separately, search and 

processing costs may include the actual 

cost of extracting electronically stored 

records, based on computer time and 

necessary supplies; however, personnel 

time for computer searches may be paid 

for at the rates set for computer support 

specialist, specified in Appendix A to 

this section, but only when compliance 

with the request for information 

requires that the financial institution 

use programming or other higher level 

technical services of a computer support 

specialist in order to reproduce 

electronically stored information in the 

format requested by the government 

authority. 

(3) Rates for Search and Processing in 

Appendix A shall be recalculated as 

follows on October 1, 2012, and on 

October 1 of each subsequent three-year 

period utilizing Bureau of Labor 

Statistics (‘‘BLS’’) data or equivalent 

data (as so designated by the Board) by 

replacing the existing hourly rates with 

the sum of: 

(i) Base labor rate recalculation— 

Using the most recently available wage 

data from the Occupational 

Employment Statistics program (http:// 

www.bls.gov/oes/home.htm) for the BLS 

industry category ‘‘Credit 

Intermediation and Related Activities’’ 

(NAICS Code Number 522000) (or 

successor category): 

(A) [Clerical/Technical category] the 

average of the median hourly rates for 

the ‘‘Information and Records Clerk’’ 

and ‘‘Computer Operator’’ job categories 

(SOC Code Number 43–4199 and 43– 

9011) (or any successor job categories); 

(B) [Manager/Supervisor category] the 

median hourly rate for the ‘‘first-line 

supervisors/managers of office’’ job 

category (SOC Code Number 43–1011) 

(or successor category), and 

(C) [Computer Support Specialist 

category] the median hourly rate for the 

‘‘computer support specialist’’ job 

category (SOC Code Number 15–1041) 

(or successor category); plus 

(ii) Benefits Adjustment—an amount 

for each hourly rate category that is 

equal to the product of: 

(A) The hourly rates set forth in 

paragraph (b)(3)(i) of this section, and 

(B) The most recently available 

‘‘percent of total compensation’’ 

represented by ‘‘total benefits’’ for the 

‘‘Credit Intermediation and Related 

Activities’’ industry category (private 

sector) set out in the Employment Cost 

Trends section of the National 

Compensation Survey (http:// 

data.bls.gov/PDQ/ 

outside.jsp?survey=cm); and 

(iii) If the recalculated rates for Search 

and Processing (including the Base labor 

rate and the benefits adjustment) are not 

a multiple of $1, the recalculated rates 

shall be rounded up to the next multiple 

of $1. 

(c) Reproduction costs. The 

reimbursement rates for reproduction 

costs for requested information are set 

forth in Appendix A to this section, 

subject to the Conditions for Payment 

set forth in § 219.5 of this part. Copies 

of photographs, films and other 

materials not listed in Appendix A to 

this section are reimbursed at actual 

cost. 

(d) Transportation or delivery costs. 

Reimbursement for transportation or 


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50108 Federal Register / Vol. 74, No. 188 / Wednesday, September 30, 2009 / Rules and Regulations 

delivery costs shall be for the reasonably 

necessary costs directly incurred to 

transport personnel to locate and 

retrieve the requested information, and 

to deliver such material to the place of 

examination. 

Appendix A to § 219.3—Reimbursement 

Schedule 

Reproduction: 

Photocopy, per page ........... $0.25 

Paper copies of microfiche, 

per frame.

0.25 

Duplicate Microfiche, per 

microfiche.

0.50 

Storage media ..................... Actual cost. 

Search and Processing: 

Clerical/Technical, hourly 

rate.

22.00 

Computer Support Specialist, hourly rate.30.00 

Manager/Supervisory, 

hourly rate.

30.00 

■ 3. In § 219.5, revise paragraph (a) to 

read as follows: 

§ 219.5 Conditions for payment. 

(a) Direct costs. Payment shall be 

made only for costs that are both 

directly incurred and reasonably 

necessary to provide requested material. 

Search and processing, reproduction, 

and transportation or delivery costs 

shall be considered separately when 

determining whether the costs are 

reasonably necessary. Photocopying or 

microfiche charges are reasonably 

necessary only if the institution has 

reproduced financial records that were 

not stored electronically (i.e., where the 

information requested was stored only 

on paper or in microfiche), or where the 

government authority making the 

request has specifically asked for 

printed copies of electronically stored 

records. 

* * * * * 

By order of the Board of Governors of the 

Federal Reserve System, September 23, 2009. 

Jennifer J. Johnson, 

Secretary of the Board. 

[FR Doc. E9–23407 Filed 9–29–09; 8:45 am] 

BILLING CODE 6210–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–0552; Airspace 

Docket No. 09–ANM–7] 

Establishment of Class E Airspace; 

Ronan, MT 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action establishes Class 

E airspace at Ronan, MT. It also makes 

a minor revision to the legal description 

of that airspace. 

DATES: Effective Date: 0901 UTC, 

December 17, 2009. The Director of the 

Federal Register approves this 

incorporation by reference action under 

1 CFR part 51, subject to the annual 

revision of FAA Order 7400.9 and 

publication of conforming amendments. 

FOR FURTHER INFORMATION CONTACT: 

Eldon Taylor, Federal Aviation 

Administration, Operations Support 

Group, Western Service Center, 1601 

Lind Avenue, SW., Renton, WA 98057; 

telephone (425) 203–4537. 

SUPPLEMENTARY INFORMATION: 

History 

On July 13, 2009, the FAA published 

in the Federal Register a notice of 

proposed rulemaking to establish 

additional controlled airspace at Ronan, 

MT, (74 FR 33381). The additional 

controlled airspace is necessary to 

accommodate aircraft using a new Area 

Navigation (RNAV) Global Positioning 

System (GPS) Standard Instrument 

Approach Procedure (SIAP) at Ronan 

Airport, Ronan, MT, and to improve the 

safety of Instrument Flight Rules (IFR) 

aircraft executing the new RNAV GPS 

SIAP at Ronan Airport, Ronan, MT. 

Interested parties were invited to 

participate in this rulemaking effort by 

submitting written comments on the 

proposal to the FAA. No comments 

were received. Subsequent to 

publication, the FAA found that the 

Federal airways reference was not 

needed. 

Class E airspace designations are 

published in paragraph 6005 of FAA 

Order 7400.9T signed August 27, 2009, 

and effective September 15, 2009, which 

is incorporated by reference in 14 CFR 

part 71.1. The Class E airspace 

designations listed in this document 

will be published subsequently in that 

Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) part 71 by 

establishing the Class E airspace at 

Ronan, MT. Controlled airspace is 

necessary to accommodate IFR aircraft 

executing a new RNAV (GPS) approach 

procedure at Ronan Airport, Ronan, MT. 

This action also deletes reference to 

excluding airspace within Federal 

airways in the airport description. 

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. Therefore, this regulation: (1) Is 

not a ‘‘significant regulatory action’’ 

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified that this rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the U.S. Code. Subtitle 1, 

Section 106 discusses the authority of 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the agency’s 

authority. This rulemaking is 

promulgated under the authority 

described in Subtitle VII, Part A, 

Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority as it establishes 

controlled airspace at Ronan Airport, 

Ronan, MT. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

■ In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

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

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 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. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of the Federal Aviation 

Administration Order 7400.9T, Airspace 

Designations and Reporting Points, 

signed August 27, 2009, and effective 

September 15, 2009 is amended as 

follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 


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