53408 Federal Register / Vol. 74, No. 200 / Monday, October 19, 2009 / Rules and Regulations 

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 United States Code. 

Subtitle I, 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 establishes Class E airspace at 

Spencer, WV. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (Air). 

The Proposed 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 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 Federal Aviation 

Administration Order 7400.9T, Airspace 

Designations and Reporting Points, 

signed August 27, 2009, 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. 

* * * * * 

AEA WV E5 Spencer, WV [NEW] 

Boggs Field Airport, WV 

(Lat. 38°49′26′′ N., long. 81°20′56′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.4 -mile 

radius of the Boggs Field Airport. 

* * * * * 

Issued in College Park, Georgia, on October 

5, 2009. 

Barry A. Knight, 

Acting Manager, Operations Support Group, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. E9–24642 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–2009–0651; Airspace 

Docket No. 09–AEA–15] 

Modification of Class E Airspace; 

Beckley, WV 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule, request for 

comments. 

SUMMARY: This action modifies Class E 

airspace at Beckley, WV. Controlled 

airspace is being expanded to contain 

the Area Navigation (RNAV) Global 

Positioning System (GPS) Standard 

Instrument Approach Procedures 

(SIAPs) that have been developed for 

Raleigh County Memorial Airport. This 

action enhances the National Airspace 

System by providing controlled airspace 

in the vicinity of Beckley, 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 Avenue, SE., Washington, 

DC 20590–0001; Telephone: 1–800– 

647–5527; Fax: 202–493–2251. You 

must identify the Docket Number FAA– 

2009–0651; Airspace Docket No. 09– 

AEA–15, 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, Federal Aviation 

Administration, P.O. Box 20636, 

Atlanta, Georgia 30320; Telephone (404) 

305–5610, Fax 404–305–5572. 

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. The direct final rule 

is used in this case to facilitate the 

timing of the charting schedule and 

enhance the operation at the airport, 

while still allowing and requesting 

public comment on this rulemaking 

action. An electronic copy of this 

document may be downloaded from and 

comments submitted through http:// 

www.regulations.gov. 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 


cprice-sewell on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 74, No. 200 / Monday, October 19, 2009 / Rules and Regulations 53409 

comments received. 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/. 

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 ideas 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–2009–0651; Airspace 

Docket No. 09–AEA–15.’’ 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 

revises Class E Airspace at Beckley, WV 

by modifying the Raleigh County 

Memorial Airport Class E airspace to 

provide adequate controlled airspace for 

IFR operations at Beckley, WV. 

Controlled airspace extending upward 

from the surface of the Earth is required 

to encompass the airspace necessary for 

instrument approaches for aircraft 

operating under Instrument Flight Rules 

(IFR). Designations for Class E airspace 

areas extending upward from 700 feet 

above the surface of the Earth are 

published in 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 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 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, is non-controversial and 

unlikely to result in adverse or negative 

comments. 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 

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 United States Code. 

Subtitle I, 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 modifies controlled airspace at 

Beckley, WV. 

Lists 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 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 Federal Aviation 

Administration Order 7400.9T, Airspace 

Designations and Reporting Points, 

signed August 27, 2009, effective 

September 15, 2009, is amended as 

follows: 

* * * * * 

Paragraph 6002 Class E Airspace 

Designated as Surface Areas. 

* * * * * 

AEA WV E2 Beckley, WV [REVISED] 

Raleigh County Memorial Airport, WV 

(Lat. 37°47′14′′ N., long 81°07′27′′ W.) 

Beckley VORTAC 

(Lat. 37°46′49′′ N., long 81°07′24′′ W.) 

Within a 4.3-mile radius of Raleigh County 

Memorial Airport and within 2.7 miles each 

side of the Beckley VORTAC 284° radial 

extending from the 4.3-mile radius to 7.4 

miles west of the VORTAC and within 2.7 

miles each side of the Beckley VORTAC 001° 

radial extending from the 4.3-mile radius to 

7.4 miles north of the VORTAC and within 

3.5 miles each side of the Beckley VORTAC 

200° radial extending from the 4.3-mile 

radius to 9.2 miles south of the VORTAC and 

within 1 mile each side of the 098° radial 

extending from the 4.3 mile radius to 4.9 

miles east of the airport. 

* * * * * 

Paragraph 6005 Class E Airspace Areas 

Extending Upward from 700 feet or More 

Above the Surface of the Earth. 

* * * * * 

AEA WV E5 Beckley, WV [REVISED] 

Raleigh County Memorial Airport, WV 

(Lat. 37°47′14′′ N., long 81°07′27′′ W.) 

Beckley VORTAC 

(Lat. 37°46′49′′ N., long 81°07′24′′ W.) 

That airspace extending upward from 700 

feet above the surface within an 7-mile radius 

of Raleigh County Memorial Airport and 

within 4 miles north and 8 miles south of the 

Beckley VORTAC 284° radial extending from 

the 7-mile radius to 16 miles west of the 

VORTAC and within 4 miles each side of the 

Beckley VORTAC 200° radial extending from 

the 7-mile radius to 10 miles south of the 

VORTAC. 

* * * * * 

Issued in College Park, Georgia, on October 

7, 2009. 

Mark D. Ward, 

Manager, Operations Support Group, Eastern 

Service Center, Air Traffic Organization. 

[FR Doc. E9–24935 Filed 10–16–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2009–0916] 

Drawbridge Operation Regulation; 

Blackwater River, Milton, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Eighth 

Coast Guard District, has issued a 


cprice-sewell on DSK2BSOYB1PROD with RULES