Federal Register / Vol. 74, No. 74 / Monday, April 20, 2009 / Rules and Regulations 17901 

the following change: On page 62876, in 

the third column, under ‘‘Summary’’, 

and on page 62877, in the second 

column, under ‘‘History and The Rule’’, 

and on page 62878, in the first column, 

under ‘‘ASO GA E Dallas, GA [New]’’, 

correct the airport name to read 

‘‘Paulding County Regional Airport’’. 

Confirmation of Effective Date 

The FAA published this direct final 

rule with a request for comments in the 

Federal Register on October 22, 2008, 

(73 FR 62876), establishing Class E 

airspace to support Area Navigation 

(RNAV) Global Positioning System 

(GPS) Standard Instrument Approach 

Procedures (SIAPS) developed for 

Paulding County Regional Airport. The 

FAA uses the direct final rulemaking 

procedure for a non-controversial rule 

where the FAA believes that there will 

be no adverse public comment. This 

direct final rule advised the public that 

no adverse comments were anticipated, 

and that unless a written adverse 

comment or a written notice of intent to 

submit such an adverse comment were 

received within the comment period, 

the regulation would become effective 

on January 15, 2009. No adverse 

comments were received, and thus this 

notice confirms that effective date. 

* * * * * 

Issued in College Park, GA, on April 2, 

2009. 

Myron A. Jenkins, 

Acting Manager, Operations Support Group, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. E9–8846 Filed 4–17–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–0202; Airspace 

Docket 09–AEA–11] 

Modification of Class D and Class E 

Airspace, Establishment of Class E 

Airspace; Binghamton, NY 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule, request for 

comments. 

SUMMARY: This action modifies the Class 

D and E airspace at Binghamton 

Regional/Edwin A. Link Field Airport in 

Binghamton, NY. After the development 

of specific Approach Procedures (APs) 

at the airfield, it was determined the 

Class D and E Surface airspace should 

be modified to facilitate a more efficient 

operation. This rule increases the safety 

and management of the National 

Airspace System (NAS) around 

Binghamton Regional/Edwin A. Link 

Field. 

DATES: Effective 0901 UTC, July 2, 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 should be 

received no later than June 4, 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– 

2009–0202; Airspace Docket No. 09– 

AEA–11, 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, 

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 and 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 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–2009–0202; Airspace 

Docket No. 09–AEA–11.’’ 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 

modifies Class D and E4 airspace and 


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17902 Federal Register / Vol. 74, No. 74 / Monday, April 20, 2009 / Rules and Regulations 

establishes Class E2 airspace at 

Binghamton, NY by expanding the 

controlled airspace, extending upward 

from the surface of the Earth to support 

IFR operations at Binghamton Regional/ 

Edwin A. Link Field Airport to a 4.3- 

mile radius with minor extensions for 

arrivals. 

Class D, Class E2 and E4 airspace 

designations for airspace areas 

extending upwards from the surface of 

the Earth are published in Paragraph 

5000, 6002 and 6004 respectively, of 

FAA Order 7400.9S, dated October 3, 

2008, and effective October 31, 2008, 

which is incorporated by reference in 14 

CFR 71.1. The Class D and E2 airspace 

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. 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 the Class D, E2 and E4 

airspace at Binghamton Regional/Edwin 

A. Link Field Airport in Binghamton, 

NY. 

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 

proposes to amend 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 7400.9S, Airspace 

Designations and Reporting Points, 

dated October 3, 2008, and effective 

October 31, 2008, is amended as 

follows: 

Paragraph 5000 Class D Airspace. 

* * * * * 

AEA NY D Binghamton, NY [REVISED] 

Binghamton Regional/Edwin A. Link Field 

Airport, Binghamton, NY 

(Lat. 42°12′31′′ N, long. 75°58′47′′ W) 

That airspace extending upward from the 

surface to and including 4,100 feet MSL 

within a 4.3-mile radius of the Binghamton 

Regional/Edwin A. Link Field Airport. This 

Class D airspace area is effective during the 

specific days and times established in 

advance by a Notice to Airmen. The effective 

days and times will thereafter be 

continuously published in the Airport/ 

Facility Directory. 

* * * * * 

Paragraph 6002 Class E Airspace 

Designated as Surface Areas. 

* * * * * 

AEA NY E2 Binghamton, NY [NEW] 

Binghamton Regional/Edwin A. Link Field 

Airport, Binghamton, NY 

(Lat. 42°12′31′′ N, long. 75°58′47′′ W) 

Binghamton VORTAC 

(Lat. 42°09′27′′ N, long. 76°08′11′′ W) 

SMITE LOM 

(Lat. 42°06′17′′ N, long. 75°53′29′′ W) 

ILS Runway 34 Localizer 

(Lat. 42°13′12′′ N, long. 75°59′15′′ W) 

That airspace extending upward from the 

surface of the Earth within a 4.3-mile radius 

of the Binghamton Regional/Edwin A. Link 

Field Airport and within 1.6 miles each side 

of the 070° bearing from the airport to 9.3 

miles northeast of the airport and within 1.8 

miles each side of the Binghamton VORTAC 

067° bearing from the VORTAC to the 4.3- 

mile radius to the airport and within 1.8 

miles each side of the Binghamton Regional/ 

Edwin A. Link Field Airport ILS LOC SE 

course extending from the 4.3-mile radius of 

the airport to 1.8 miles SE of the SMITE 

LOM. This Class E Surface airspace area is 

effective during the specific days and times 

established in advance by a Notice to 

Airmen. The effective days and times will 

thereafter be continuously published in the 

Airport/Facility Directory. 

* * * * * 

Paragraph 6004 Class E Airspace 

Designated as an Extension to Class D 

Surface Areas. 

* * * * * 

AEA NY E4 Binghamton, NY [REVISED] 

Binghamton Regional/Edwin A. Link Field 

Airport, Binghamton, NY 

(Lat. 42°12′31′′ N, long. 75°58′47′′ W) 

Binghamton VORTAC 

(Lat. 42°09′27′′ N, long. 76°08′11′′ W) 

SMITE LOM 

(Lat. 42°06′17′′ N, long. 75°53′29′′ W) 

Binghamton Regional/Edwin A. Link Field 

Airport ILS Runway 34 Localizer 

(Lat. 42°13′12′′ N, long. 75°59′15′′ W) 

That airspace extending upward from the 

surface within 1.6 miles each side of the 070° 

bearing from the airport to 9.3 miles 

northeast of the airport and within 1.8 miles 

each side of the Binghamton VORTAC 067° 

bearing from the VORTAC to the 4.3-mile 

radius to the airport and within 1.8 miles 

each side of the Binghamton Regional/Edwin 

A. Link Field Airport ILS LOC SE course 

extending from the 4.3-mile radius of the 

airport to 1.8 miles SE of the SMITE LOM. 

This Class E Surface airspace area is effective 

during the specific days and times 

established in advance by a Notice to 

Airmen. The effective days and times will 

thereafter be continuously published in the 

Airport/Facility Directory. 

* * * * * 

Issued in College Park, Georgia, on April 2, 

2009. 

Myron A. Jenkins, 

Acting Manager, Operations Support Group, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. E9–8835 Filed 4–17–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0240] 

RIN 1625–AAOO 

Safety Zone, Red River, MN 

AGENCY: Coast Guard, DHS. 


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