Federal Register / Vol. 74, No. 195 / Friday, October 9, 2009 / Rules and Regulations 52131 

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 30, 2009, the FAA published 

in the Federal Register a notice of 

proposed rulemaking to establish 

controlled airspace at Little River, CA 

(74 FR 37970). Interested parties were 

invited to participate in this rulemaking 

effort by submitting written comments 

on the proposal to the FAA. No 

comments were received. 

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 Class E airspace at Little 

River, CA. Controlled airspace 

extending upward from 700 feet above 

the surface is necessary to accommodate 

IFR aircraft executing a new RNAV 

(GPS) approach procedure at Little River 

Airport, Little River, CA. 

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 Little River 

Airport, Little River, CA. 

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. 

* * * * * 

AWP CA E5 Little River, CA [New] 

Little River Airport, CA 

(Lat. 39°15′43′′ N., long. 123°45′13′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.6-mile 

radius of Little River Airport. 

* * * * * 

Issued in Seattle, Washington, on 

September 25, 2009. 

Robert E. Henry, 

Acting Manager, Operations Support Group, 

Western Service Center. 

[FR Doc. E9–24166 Filed 10–8–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–0349; Airspace 

Docket No. 09–ANM–6] 

Modification of Class E Airspace; 

Pueblo, CO 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action will modify Class 

E airspace at Pueblo, CO. Additional 

controlled airspace is necessary to 

facilitate vectoring of Instrument Flight 

Rules (IFR) traffic from en route airspace 

to Pueblo Memorial Airport, CO. The 

FAA is taking this action to enhance the 

safety and management of aircraft 

operations at Pueblo Memorial Airport, 

CO. 

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 August 5, 2009, the FAA 

published in the Federal Register a 

notice of proposed rulemaking to 

establish additional controlled airspace 

at Pueblo, CO, (74 FR 39002). Interested 

parties were invited to participate in 

this rulemaking effort by submitting 

written comments on the proposal to the 

FAA. No comments were received. 

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 

modifying Class E airspace at Pueblo, 

CO. Additional controlled airspace is 

necessary to accommodate IFR aircraft 

from en route airspace to Pueblo 

Memorial Airport, CO. 


erowe on DSK5CLS3C1PROD with RULES
52132 Federal Register / Vol. 74, No. 195 / Friday, October 9, 2009 / Rules and Regulations 

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 

additional controlled airspace at Pueblo 

Memorial Airport, CO. 

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 

amends14 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. 

* * * * * 

ANM CO E5 Pueblo, CO [Modified] 

Pueblo Memorial Airport, CO 

(Lat. 38°17′21′′ N., long. 104°29′48′′ W.) 

That airspace extending upward from 700 

feet above the surface within 21.8-mile radius 

of the Pueblo Memorial Airport, and within 

the 28.8-mile radius of Pueblo Memorial 

Airport clockwise between the 070° and 133° 

bearing from the airport; that airspace 

extending upward from 1,200 feet above the 

surface bounded on the north by lat. 

38°30′00′′ N., on the east by V–169, on the 

south by V–210, on the west by a line from 

lat. 37°38′00′′ N., long. 105°00′02′′ W.; to lat. 

38°09′25′′ N., long. 105°08′06′′ W.; to lat. 

38°05′51′′ N., long. 105°30′49′′ W.; to lat. 

38°10′00′′ N., long. 105°33′02′′ W.; to lat. 

38°30′00′′ N., long. 105°33′02′′ W.; that 

airspace extending upward from 13,700 feet 

MSL bounded by a line beginning at lat. 

38°09′25′′ N., long. 105°08′06′′ W.; to lat. 

37°38′00′′ N., long. 105°00′02′′ W.; to lat. 

37°34′00′′ N., long. 105°12′02′′ W.; to lat. 

38°05′51′′ N., long. 105°30′49′′ W.; thence to 

point of beginning, excluding that airspace 

within Federal airways and the Colorado 

Springs, CO, Class E airspace area. 

* * * * * 

Issued in Seattle, Washington, on 

September 25, 2009. 

Robert E. Henry, 

Acting Manager, Operations Support Group, 

Western Service Center. 

[FR Doc. E9–24168 Filed 10–8–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 93 

[Docket No. FAA–2006–25709; Amendment 

No. 93–92] 

RIN 2120–AJ49 

Congestion Management Rule for 

LaGuardia Airport 

AGENCY: Federal Aviation 

Administration (FAA). 

ACTION: Final rule; rescission. 

SUMMARY: The FAA is rescinding the 

final rule Congestion Management Rule 

for LaGuardia Airport. The final rule 

established procedures to address 

congestion in the New York City area by 

assigning slots at LaGuardia Airport 

(LaGuardia), assigning to existing 

operators the majority of slots at the 

airports, and creating a market by 

annually auctioning off a limited 

number of slots in each of the first five 

years of the rule. The final rule also 

contained provisions for minimum 

usage, requiring reservations for 

unscheduled operations, and 

withdrawal for operational need. The 

rule was scheduled to sunset in ten 

years. 

DATES: Effective Date: October 9, 2009. 

FOR FURTHER INFORMATION CONTACT: For 

questions concerning this rulemaking, 

contact: Molly W. Smith, Office of 

Aviation Policy and Plans, APO–200, 

Federal Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591; telephone (202) 

267–3275; e-mail 

molly.w.smith@faa.gov. For legal 

questions concerning this rulemaking, 

contact: Rebecca MacPherson, FAA 

Office of the Chief Counsel, 800 

Independence Ave., SW., Washington, 

DC 20591; telephone (202) 267–3073; 

e-mail rebecca.macpherson@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

The FAA has broad authority under 

49 U.S.C. 40103 to regulate the use of 

the navigable airspace of the United 

States. This section authorizes the FAA 

to develop plans and policy for the use 

of navigable airspace and to assign the 

use that the FAA deems necessary for its 

safe and efficient utilization. It further 

directs the FAA to prescribe air traffic 

rules and regulations governing the 

efficient utilization of the navigable 

airspace. 

I. Background 

The final rule Congestion 

Management Rule for LaGuardia Airport 

was published in the Federal Register 

on October 10, 2008 (73 FR 60574) 

(2008 final rule). The final rule 

established procedures to address 

congestion in the New York City area by 

assigning slots for scheduled services at 

LaGuardia Airport (LaGuardia), 

assigning to existing operators the 

majority of slots at the airports, and 

creating a market by annually 

auctioning off a limited number of slots 

in each of the first five years of the rule. 

The final rule also contained provisions 

for minimum slot usage, withdrawal of 

slots for operational need, and requiring 

reservations for unscheduled 

operations. The rule was scheduled to 

sunset in ten years and added to the 

Code of Federal Regulations December 

9, 2008. The rulemaking was highly 

controversial. The final rule was 

challenged by several parties before it 

could take effect. On December 8, 2008, 

the United States Court of Appeals for 

the District of Columbia Circuit stayed 

the rule. On January 22, 2009, the ATA 

requested the Secretary of 

Transportation, Ray LaHood, withdraw 


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