53406 Federal Register / Vol. 74, No. 200 / Monday, October 19, 2009 / Rules and Regulations 

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. 

* * * * * 

ACE NE E5 Minden, NE [Amended] 

Pioneer Village Field Airport, NE 

(Lat. 40°30′54′′ N., long. 98°56′44′′ W.) 

Kearney VOR 

(Lat. 40°43′32′′ N., long. 99°00′18′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.4-mile 

radius of Pioneer Village Field Airport, and 

within 3.9 miles each side of the 346° bearing 

from the airport extending from the 6.4-mile 

radius to 9.3 miles north of the airport; and 

within 3.5 miles each side of the Kearney 

VOR 168° radial extending from the 6.4-mile 

radius to 9.8 miles south of the airport. 

* * * * * 

Issued in Fort Worth, Texas, on October 1, 

2009. 

Walter L. Tweedy, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. E9–24624 Filed 10–16–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–0511; Airspace 

Docket No. 09–AGL–8] 

Amendment of Class E Airspace; 

Peoria, IL 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Class E 

airspace for the Peoria, IL area. 

Additional controlled airspace is 

necessary to accommodate Area 

Navigation (RNAV) Standard Instrument 

Approach Procedures (SIAP) at Mount 

Hawley Auxiliary Airport, Peoria, IL. 

The FAA is taking this action to 

enhance the safety and management of 

Instrument Flight Rule (IFR) operations 

at Mount Hawley Auxiliary Airport. 

DATES: Effective 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: 

Scott Enander, Central Service Center, 

Operations Support Group, Federal 

Aviation Administration, Southwest 

Region, 2601 Meacham Blvd., Fort 

Worth, TX 76137; telephone (817) 321– 

7716. 

SUPPLEMENTARY INFORMATION: 

History 

On July 30, 2009, the FAA published 

in the Federal Register a notice of 

proposed rulemaking to amend Class E 

airspace at Peoria, IL, reconfiguring 

controlled airspace at Mount Hawley 

Auxiliary Airport, Peoria, IL. (74 FR 

37969, Docket No. FAA–2009–0511). 

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 the 

Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) part 71 by 

amending Class E airspace at Peoria, IL, 

adding additional controlled airspace 

extending upward from 700 feet above 

the surface at Mount Hawley Auxiliary 

Airport, Peoria, IL, for the safety and 

management of IFR operations. 

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, 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 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 amends 

controlled airspace in the Peoria, IL 

airspace area. 

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 Part 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. 

* * * * * 

AGL IL E5 Peoria, IL [Amended] 

That airspace extending upward from 700 

feet above the surface bounded by a line 

beginning at lat. 40°54′00′′ N., long. 89°59′00′′ 

W.; to lat. 40°53′31′′ N., long. 89°41′35′′ W.; 

to lat. 40°54′41′′ N., long. 89°35′28′′ W.; to lat. 

40°52′16′′ N., long. 89°29′22′′ W.; to lat. 

40°46′40′′ N., long. 89°27′38′′ W.; to lat. 

40°44′01′′ N., long. 89°29′35′′ W.; to lat. 

40°22′00′′ N., long. 89°32′00′′ W.; to lat. 


cprice-sewell on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 74, No. 200 / Monday, October 19, 2009 / Rules and Regulations 53407 

40°26′00′′ N., long. 90°07′00′′ W.; to lat. 

40°34′00′′ N., long. 90°12′00′′ W.; to lat. 

40°47′00′′ N., long. 90°08′00′′ W.; to the point 

of beginning. 

* * * * * 

Issued in Fort Worth, Texas, on Oct 1, 

2009. 

Walter L. Tweedy, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. E9–24622 Filed 10–16–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–0602; Airspace 

Docket No. 09–AEA–13] 

Establishment of Class E Airspace; 

Spencer, WV 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule; request for 

comments. 

SUMMARY: This action establishes Class 

E Airspace at Spencer, WV. This action 

enhances the safety and airspace 

management of Boggs Field Airport, 

Spencer, WV. 

DATES: Effective 0901 UTC, December 

17, 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. Comments for inclusion 

in the Rules Docket must be received on 

or before December 3, 2009. 

ADDRESSES: Send comments on this rule 

to: U.S. Department of Transportation, 

Docket Operations, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey, SE., Washington, DC 

20590–0001; Telephone: 1–800–647– 

5527; Fax: 202–493–2251. You must 

identify the Docket Number FAA–2009– 

0602; Airspace Docket No. 09–AEA–13, 

at the beginning of your comments. You 

may also submit and review received 

comments through the Internet at 

http://www.regulations.gov. 

You may review the public docket 

containing the rule, any comments 

received, and any final disposition in 

person in the Dockets Office (see 

ADDRESSES section for address and 

phone number) between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal Holidays. An informal docket 

may also be examined during normal 

business hours at the office of the 

Eastern Service Center, Federal Aviation 

Administration, Room 210, 1701 

Columbia Avenue, College Park, Georgia 

30337. 

FOR FURTHER INFORMATION CONTACT: 

Melinda Giddens, Operations Support 

Group, Eastern Service Center, Federal 

Aviation Administration, P. O. Box 

20636, Atlanta, Georgia 30320; 

telephone (404) 305–5610. 

SUPPLEMENTARY INFORMATION: 

The Direct Final Rule Procedure 

The FAA anticipates that this 

regulation will not result in adverse or 

negative comments, and, therefore, 

issues it as a direct final rule. The FAA 

has determined that this rule only 

involves an established body of 

technical regulations for which frequent 

and routine amendments are necessary 

to keep them operationally current. 

Unless a written adverse or negative 

comment or a written notice of intent to 

submit an adverse or negative comment 

is received within the comment period, 

the regulation will become effective on 

the date specified above. After the close 

of the comment period, the FAA will 

publish a document in the Federal 

Register indicating that no adverse or 

negative comments were received and 

confirming the effective date. If the FAA 

receives, within the comment period, an 

adverse or negative comment, or written 

notice of intent to submit such a 

comment, a document withdrawing the 

direct final rule will be published in the 

Federal Register, and a notice of 

proposed rulemaking may be published 

with a new comment period. 

Comments Invited 

Although this action is in the form of 

a direct final rule, and was not preceded 

by a notice of proposed rulemaking, 

interested persons are invited to 

comment on this rule by submitting 

such written data, views, or arguments 

as they may desire. An electronic copy 

of this document may be downloaded 

from and comments may be submitted 

and reviewed at http:// 

www.regulations.gov. Recently 

published rulemaking documents can 

also be accessed through the FAA’s Web 

page at http://www.faa.gov/ 

airports_airtraffic/air_traffic/ 

publications/airspace_amendments. 

Communications should identify both 

docket numbers and be submitted in 

triplicate to the address specified under 

the caption ADDRESSES above or through 

the Web site. All communications 

received on or before the closing date 

for comments will be considered, and 

this rule may be amended or withdrawn 

in light of the comments received. 

Comments are specifically invited on 

the overall regulatory, economic, 

environmental, and energy aspects of 

the rule that might suggest a need to 

modify the rule. Factual information 

that supports the commenter’s idea and 

suggestions is extremely helpful in 

evaluating the effectiveness of this 

action and determining whether 

additional rulemaking action would be 

needed. All comments submitted will be 

available, both before and after the 

closing date for comments, in the Rules 

Docket for examination by interested 

persons. Those wishing the FAA to 

acknowledge receipt of their comments 

submitted in response to this rule must 

submit a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket No. FAA–2009–0602; Airspace 

Docket No. 09–AEA–13.’’ The postcard 

will be date stamped and returned to the 

commenter. 

The Rule 

This amendment to Title 14, Code of 

Federal Regulations (14 CFR) part 71 

establishes Class E airspace at Spencer, 

WV, to provide controlled airspace 

required to support the Approach 

Procedures (SIAPs) that have been 

developed for Boggs Field Airport. 

Designations for Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the Earth are 

published in FAA Order 7400.9T, dated 

August 27, 2009, and effective 

September 15, 2009, which is 

incorporated by reference in 14 CFR 

part 71.1. The Class E designations 

listed in this document will be 

published subsequently in the Order. 

Agency Findings 

The regulations adopted herein will 

not have substantial direct effects on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among various levels of 

government. Therefore, it is determined 

that this direct final rule does not have 

federalism implications under Executive 

Order 13132. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. It, therefore, (1) is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

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

does not warrant preparation of a 

Regulatory Evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 


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