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###### Department of Transportation

###### Federal Aviation Administration 

          - 14 CFR Part 137 

# AGENCY:

Federal Aviation Administration (FAA), DOT. 

# ACTION:

Final rule; technical amendment.

# SUMMARY:

This final rule revises an incorrect cross-reference in the regulations regarding operations in controlled airspace designated for an airport. The current regulations cross-reference a particular paragraph that no longer exists. This final rule updates the cross-reference so that the reader will be able to find the appropriate weather minimum limitations on visual flight rules for aircraft in controlled airspace near airports. 

# DATES:

*Effective Date:*                         This final rule is effective March 26, 2009.                     

# FOR FURTHER INFORMATION CONTACT:

                        Carl N. Johnson, Flight Standards Office, AFS-820, Federal Aviation Administration, 800 Independence Ave., SW., Washington, DC 20591; telephone (202) 493-5351; e-mail                         *carl.n.johnson@faa.gov*.                     

# SUPPLEMENTARY INFORMATION:

## Background 

                    On December 17, 1991 (56 FR 65664), an amendment created § 137.43, Operations in controlled airspace designated for an airport. Paragraph (c) of this section contains a reference to paragraph (a)(2) of § 91.157, Special VFR weather minimums. The purpose of the cross-reference is to set out the exceptions for aircraft operating under special visual flight rules (VFR) in                           ( print page 13099)                        controlled airspace designated for airports. However, a final rule published on December 5, 1995 (58 FR 51968) revised § 91.157. That revision removed paragraph (a)(2) and placed the information in paragraph (b)(4). As a result, the cross-reference in § 137.43 became inaccurate. This final rule revises the cross-reference in § 137.43(c) so that it correctly refers to § 91.157(b)(4).                 

## Technical Amendment 

This technical amendment merely revises an out-of-date cross-reference. There are no other changes to the existing regulatory text. 

## Justification for Immediate Adoption 

Because this action updates an inaccurate cross-reference, the FAA finds that notice and public comment under 5 U.S.C. section 553(b) is unnecessary. For the same reason, the FAA finds good cause exists under 5 U.S.C. section 553(d) for making this rule effective upon publication. 

# List of Subjects in 14 CFR Part 137

      - Agriculture
      - Aircraft
      - Aviation safety
      - Reporting and recordkeeping requirements

## The Amendment 

In consideration of the forgoing, the FAA amends 14 CFR part 137 as follows: 

# PART 137—AGRICULTURAL AIRCRAFT OPERATIONS 

1. The authority citation for part 137 continues to read as follows: 

Authority:49 U.S.C. 106(g), 40103, 40113, 44701-44702. 

§ 137.43 

2. Amend § 137.43(c) by removing the reference “§ 91.157(a)(2)” and adding in its place the reference “§ 91.157(b)(4)”. 

Issued in Washington, DC on March 13, 2009. 

Pamela Hamilton-Powell, 

Director, Office of Rulemaking.

[FR Doc. E9-6731 Filed 3-25-09; 8:45 am] 

BILLING CODE 4910-13-P