1874 Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations 

Bethel VORTAC 

(Lat. 60°47′05′′ N., long. 161°49′28′′ W.) 

Within a 4.1-mile radius of the Bethel 

Airport, AK, excluding that portion below 

1,100 feet MSL between the 058° radial and 

the 078° radial of the Bethel VORTAC, AK, 

from 2.9 miles northeast of the Bethel 

VORTAC, AK. This Class E airspace area is 

effective during the specific dates and times 

established in advance by a Notice to 

Airmen. The effective date and time will 

thereafter be continuously published in the 

Airport/Facility Directory. 

* * * * * 

Paragraph 6004 Class E Airspace Areas 

Designated as an Extension to a Class D 

Surface Area. 

* * * * * 

AAL AK E4 Bethel, AK [Amended] 

Bethel, Bethel Airport, AK 

(Lat. 60°46′47′′ N., long. 161°50′17′′ W.) 

Bethel VORTAC 

(Lat. 60°47′05′′ N., long. 161°49′28′′ W.) 

That airspace extending upward from the 

surface within 3 miles each side of the 019° 

radial of the Bethel VORTAC, AK, extending 

from the 4.1-mile radius of the Bethel 

Airport, AK, to 8.2 miles northeast of the 

Bethel Airport, AK, excluding that portion 

below 1,100 feet MSL between the 058° 

radial and the 078° radial of the Bethel 

VORTAC, AK, from 2.9 miles northeast of the 

Bethel VORTAC, AK, and within 3.4 miles 

each side of the 005° radial of the Bethel 

VORTAC, AK, extending from the 4.1-mile 

radius of the Bethel Airport, AK, to 11 miles 

north of the Bethel VORTAC, AK, and within 

3.5 miles each side of the 210° radial of the 

Bethel VORTAC, AK, extending from the 4.1- 

mile radius of the Bethel Airport, AK, to 5 

miles southwest of the Bethel Airport, AK. 

* * * * * 

Paragraph 6005 Class E Airspace Extending 

Upward from 700 Feet or More Above the 

Surface of the Earth. 

* * * * * 

AAL AK E5 Bethel, AK [Amended] 

Bethel, Bethel Airport, AK 

(Lat. 60°46′47′′ N., long. 161°50′17′′ W.) 

Bethel Localizer 

(Lat. 60°46′06′′ N., long. 161°50′47′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 16.8-mile 

radius of the Bethel Airport, AK, and within 

8 miles west and 4 miles east of the Bethel 

Localizer front course extending from the 

16.8-mile radius of the Bethel Airport, AK, to 

22.8 miles north of the Bethel Airport, AK, 

and within 8 miles east and 4 miles west of 

the Bethel Localizer back course extending 

from the 16.8-mile radius of the Bethel 

Airport, AK, to 21.4 miles south of the Bethel 

Airport, AK. 

* * * * * 

Issued in Anchorage, AK, on December 29, 

2008. 

Anthony M. Wylie, 

Manager, Alaska Flight Services Information 

Area Group. 

[FR Doc. E9–518 Filed 1–13–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2008–1046; Airspace 

Docket No. 08–ASW–21] 

Amendment of Class E Airspace; 

Houston, TX 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Class E 

airspace at Houston, TX. Additional 

controlled airspace is necessary to 

accommodate Area Navigation (RNAV) 

Standard Instrument Approach 

Procedures (SIAP) at Lone Star 

Executive Airport, Conroe, TX. The 

FAA is taking this action to enhance the 

safety and management of Instrument 

Flight Rule (IFR) operations at Lone Star 

Executive Airport. 

DATES: Effective Date: 0901 UTC, March 

12, 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., Ft. Worth, 

TX 76193–0530; telephone (817) 222– 

5582. 

SUPPLEMENTARY INFORMATION: 

History 

On November 17, 2008, the FAA 

published in the Federal Register a 

notice of proposed rulemaking to amend 

Class E airspace at Houston, TX, adding 

additional controlled airspace at Lone 

Star Executive Airport, Conroe, TX (73 

FR 67823, Docket No. FAA–2008–1046). 

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 7400.9S signed 

October 3, 2008, and effective October 

31, 2008, which is incorporated by 

reference in 14 CFRp 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 

amending Class E airspace at Houston, 

TX, adding additional controlled 

airspace at Lone Star Executive Airport, 

Conroe, TX. This rule also updates the 

geographic coordinates of Chambers 

County Airport, and changes Sholes 

Field to Sholes International at 

Galveston, TX. 

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 adds 

additional controlled airspace in the 

Houston, TX airspace area, at Lone Star 

Executive Airport, Conroe, TX. 

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: 


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Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations 1875 

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 7400.9S, Airspace 

Designations and Reporting Points, 

signed October 3, 2008, and effective 

October 31, 2008, is amended as 

follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface. 

* * * * * 

ASW TX E5 Houston, TX [Amended] 

Point of Origin 

(Lat. 30°35′01′′ N., long. 95°28′01′′ W.) 

Anahuac, Chambers County Airport, TX 

(Lat. 29°46′11′′ N., long. 94°39′49′′ W.) 

Galveston, Scholes International at 

Galveston, TX 

(Lat. 29°15′55′′ N., long. 94°51′38′′ W.) 

Brookshire, Woods No. 2 Airport, TX 

(Lat. 29°47′37′′ N., long. 95°55′31′′ W.) 

Fulshear, Covey Trails Airport, TX 

(Lat. 29°41′24′′ N., long. 95°50′23′′ W.) 

Conroe, Lone Star Executive Airport, TX 

(Lat. 30°21′09′′ N., long. 95°24′52′′ W.) 

That airspace extending upward from 700 

feet above the surface within an area 

bounded by a line beginning at the Point of 

Origin to lat. 29°45′00′′ N., long. 94°44′01′′ 

W.; thence from lat. 29°45′00′′ N., long. 

94°44′01′′ W. to a point of tangency with the 

east arc of a 7.6-mile radius of Scholes 

International at Galveston, and within a 7.6- 

mile radius of Scholes International at 

Galveston; thence from lat. 29°17′04′′ N., 

long. 95°00′13′′ W.; to lat. 29°30′01′′ N., long. 

95°54′01′′ W.; to lat. 30°26′01′′ N., long. 

95°42′01′′ W.; to the point of origin, and 

within a 6.6-mile radius of Lone Star 

Executive Airport, and within a 6.5-mile 

radius of Woods No. 2 Airport, and within 

a 6.4-mile radius of Covey Trails Airport 

excluding that airspace within the Anahuac, 

TX, Class E airspace area. 

* * * * * 

Issued in Fort Worth, TX, on January 7, 

2009. 

Walter L. Tweedy, 

Acting Manager, Operations Support Group, 

Central Service Center. 

[FR Doc. E9–516 Filed 1–13–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF JUSTICE 

Bureau of Alcohol, Tobacco, Firearms, 

and Explosives 

27 CFR Part 478 

[Docket No. ATF 27P; AG Order No. 3030– 

2009] 

Decision-Making Authority Regarding 

the Denial, Suspension, or Revocation 

of a Federal Firearms License, or 

Imposition of a Civil Fine (2008R–10P) 

AGENCY: Bureau of Alcohol, Tobacco, 

Firearms, and Explosives (ATF), 

Department of Justice. 

ACTION: Interim final rule with request 

for comments. 

SUMMARY: The Department of Justice is 

amending the regulations of the Bureau 

of Alcohol, Tobacco, Firearms, and 

Explosives (‘‘ATF’’) to delegate to the 

Director of ATF the authority to serve as 

the deciding official regarding the 

denial, suspension, or revocation of 

federal firearms licenses, or the 

imposition of a civil fine. The Director 

will have the flexibility to delegate to 

another ATF official the authority to 

decide a revocation or denial matter, or 

may exercise that authority himself. 

Such flexibility will allow ATF to more 

efficiently decide denial, suspension, 

and revocation hearings and also 

whether to impose a civil fine, because 

the Director can redelegate to 

Headquarters officials, field officials, or 

some combination thereof, authority to 

take action as the final agency decision 

maker. This will give the agency the 

ability to ensure consistency in decision 

making and to address any case 

backlogs that may occur. 

The interim rule will remain in effect 

until superseded by final regulations. 

DATES: Effective Date: This interim rule 

is effective January 14, 2009. 

Comment date: Written comments 

must be postmarked and electronic 

comments must be submitted on or 

before April 14, 2009. Commenters 

should be aware that the electronic 

Federal Docket Management System 

will not accept comments after 

Midnight Eastern Time on the last day 

of the comment period. 

ADDRESSES: Send comments to any of 

the following addresses— 

• James P. Ficaretta, Program 

Manager, Room 6N–602, Bureau of 

Alcohol, Tobacco, Firearms, and 

Explosives, P.O. Box 50221, 

Washington, DC 20091–0221; ATTN: 

ATF 27P. Written comments must 

include your mailing address and be 

signed, and may be of any length. 

• 202–648–9741 (facsimile). 

• http://www.regulations.gov. Federal 

e-rulemaking portal; follow the 

instructions for submitting comments. 

You may also view an electronic 

version of this rule at the http:// 

www.regulations.gov site. 

See the Public Participation section at 

the end of the SUPPLEMENTARY

INFORMATION section for instructions and 

requirements for submitting comments, 

and for information on how to request 

a public hearing. 

FOR FURTHER INFORMATION CONTACT: 

James P. Ficaretta, Enforcement 

Programs and Services, Bureau of 

Alcohol, Tobacco, Firearms, and 

Explosives, U.S. Department of Justice, 

99 New York Avenue, NE., Washington, 

DC 20226; telephone: (202) 648–7094. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Attorney General is responsible 

for enforcing the provisions of the Gun 

Control Act of 1968 (‘‘the Act’’), 18 

U.S.C. Chapter 44. He has delegated that 

responsibility to the Director of ATF, 

subject to the direction of the Attorney 

General and the Deputy Attorney 

General. 28 CFR 0.130(a). ATF has 

promulgated regulations that implement 

the provisions of the Act in 27 CFR Part 

478. 

The regulations in Subpart E of Part 

478, §§ 478.71–78, relate to proceedings 

involving federal firearms licenses, 

including the denial, suspension, and 

revocation of a license, and the 

imposition of a civil fine. Section 478.71 

provides that whenever the Director of 

Industry Operations (‘‘DIO’’) has reason 

to believe that an applicant is not 

qualified to receive a license under the 

provisions of § 478.47, he may issue a 

notice of denial, on ATF Form 4498, to 

the applicant. The notice will set forth 

the matters of fact and law relied upon 

in determining that the application 

should be denied, and will afford the 

applicant 15 days from the date of 

receipt of the notice in which to request 

a hearing to review the denial. If no 

request for a hearing is filed within such 

time, the application will be 

disapproved and a copy, so marked, will 

be returned to the applicant. 

Under § 478.72, an applicant who has 

been denied an original or renewal 

license can file a request with the DIO 

for a hearing to review the denial of the 

application. On conclusion of the 

hearing and after consideration of all 

relevant facts and circumstances 

presented by the applicant or his 

representative, the DIO renders a 

decision confirming or reversing the 

denial of the application. If the decision 

is that the denial should stand, a 


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