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[Federal Register: June 2, 2010 (Volume 75, Number 105)]
[Rules and Regulations]               
[Page 30690]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02jn10-4]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No. FAA-2010-0563; Amendment No. 91-315 (Related to Docket No. 
FAA-18334)]

 
Minimum Altitudes for IFR Operations

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Technical amendment.

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SUMMARY: The FAA is correcting the introductory text in paragraph (a) 
of Sec.  91.177 that was published on August 18, 1989. The phrase, ``or 
unless otherwise authorized by the Administrator'' was inadvertently 
removed from paragraph (a) introductory text. This action reinstates 
that phrase with a minor revision.

DATES: Effective June 2, 2010.

FOR FURTHER INFORMATION CONTACT: Ellen Crum, Air Traffic Systems 
Operations, Airspace and Rules Group, 800 Independence Ave., SW., 
Washington, DC 20591; telephone (202) 267-8783; e-mail 
ellen.crum@faa.gov.

SUPPLEMENTARY INFORMATION:

Background

    On August 18, 1989 (54 FR 34288), the FAA published a final rule 
that revised 14 CFR part 91. In the final rule, the phrase in Sec.  
91.177 (a) introductory text ``unless otherwise authorized by the 
Administrator'' was inadvertently removed. The impact of this action 
was not apparent until the FAA recently amended the guidelines for 
establishing minimum vectoring altitudes. Without this phrase in the 
regulation, certain altitudes are unavailable to air traffic control. 
This action corrects this error with a minor revision. We are replacing 
the word ``Administrator'' with ``FAA''. The new phrase will read 
``unless otherwise authorized by the FAA''.

Good Cause for Immediate Adoption of This Final Rule

    Until recently, the FAA was unaware of the erroneous amendment to 
this regulation and its impact on minimum vectoring altitudes. The FAA 
concludes that immediate action is necessary to correct this error and 
therefore, finds that notice and public comment under 5 U.S.C. 553(b) 
are impracticable and contrary to the public interest. Further, the FAA 
finds that good cause exists under 5 U.S.C. 553(d) for making this rule 
effective immediately upon publication.

List of Subjects in 14 CFR Part 91

    Air traffic control, Aircraft, Airmen, Aviation safety, Reporting 
and recordkeeping requirements.

The Amendment

0
In consideration of the foregoing, the Federal Aviation Administration 
amends Chapter 1 of Title 14, Code of Federal Regulations, as follows:

PART 91--GENERAL OPERATING AND FLIGHT RULES

0
1. The authority citation for part 91 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 1155, 40103, 40113, 40120, 44101, 
44111, 44701, 44704, 44709, 44711, 44712, 44715, 44716, 44717, 
44722, 46306, 46315, 46316, 46504, 46506-46507, 47122, 47508, 47528-
47531, articles 12 and 29 of the Convention on International Civil 
Aviation (61 Stat. 1180).

0
2. Amend Sec.  91.177 by revising paragraph (a) introductory text to 
read as follows:

Sec.  91.177  Minimum altitudes for IFR operations.

    (a) Operation of aircraft at minimum altitudes. Except when 
necessary for takeoff or landing, or unless otherwise authorized by the 
FAA, no person may operate an aircraft under IFR below--
* * * * *

    Issued in Washington, DC on May 27, 2010.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.
[FR Doc. 2010-13132 Filed 6-1-10; 8:45 am]
BILLING CODE 4910-13-P
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