Federal Register / Vol. 74, No. 74 / Monday, April 20, 2009 / Proposed Rules 17911 

consider all comments we receive on or 

before the closing date for comments. 

We will consider comments filed after 

the comment period has closed if it is 

possible to do so without incurring 

expense or delay. We may change this 

proposal in light of the comments we 

receive. 

Availability of Rulemaking Documents 

You can get an electronic copy using 

the Internet by: 

(1) Searching the Federal 

eRulemaking Portal at http:// 

www.regulations.gov; 

(2) Visiting the Office of Rulemaking’s 

Web page at http://www.faa.gov/avr/ 

arm/index.cfm; or 

(3) Accessing the Government 

Printing Office’s Web page at http:// 

www.gpoaccess.gov/fr/index.html. 

You can also get a copy by sending a 

request to the Federal Aviation 

Administration, Office of Rulemaking, 

ARM–1, 800 Independence Avenue, 

SW., Washington, DC 20591, or by 

calling (202) 267–9680. Make sure to 

identify the docket number, notice 

number, or amendment number of this 

rulemaking. 

Proprietary or Confidential Business 

Information 

Do not file in the docket information 

that you consider to be proprietary or 

confidential business information. Send 

or deliver this information directly to 

the person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

document. You must mark the 

information that you consider 

proprietary or confidential. If you send 

the information on a disk or CD–ROM, 

mark the outside of the disk or CD–ROM 

and also identify electronically within 

the disk or CD–ROM the specific 

information that is proprietary or 

confidential. 

Under 14 CFR 11.35(b), when we are 

aware of proprietary information filed 

with a comment, we do not place it in 

the docket. We hold it in a separate file 

to which the public does not have 

access, and place a note in the docket 

that we have received it. If we receive 

a request to examine or copy this 

information, we treat it as any other 

request under the Freedom of 

Information Act (5 U.S.C. 552). We 

process such a request under the DOT 

procedures found in 49 CFR part 7. 

Background 

On January 12, 2009, the Federal 

Aviation Administration (FAA) issued 

Notice No. 08–07, Qualification, 

Service, and Use of Crewmembers and 

Aircraft Dispatchers (74 FR 1280). 

Comments to that document were to be 

received on or before May 12, 2009. 

By letter dated April 3, 2009, the Air 

Transport Association of America, Inc., 

Air Carrier Association of America, 

Regional Airline Association, and 

National Air Carrier Association on 

behalf of their members, and Airbus 

Americas, Inc. requested that the FAA 

extend the comment period for Notice 

No. 08–07 for 180 days. They requested 

the extension so the public has 

sufficient time to review and comment 

on the extensive and complex proposed 

rule. 

While the FAA concurs with the 

petitioners’ requests for an extension of 

the comment period on Notice No. 08– 

07, the FAA believes that a 180-day 

extension would be excessive. As Notice 

No. 08–07 is lengthy, the FAA provided 

a 120-day comment period. Although 

the FAA agrees that additional time for 

comments may be needed, this need 

must be balanced against the need to 

proceed expeditiously with an 

important rulemaking. The FAA 

believes an additional 90 days would be 

adequate for these petitioners to provide 

meaningful comment to Notice No. 08– 

07. The FAA does not anticipate any 

further extension of the comment period 

for this rulemaking. 

Extension of Comment Period 

In accordance with section 11.47(c) of 

title 14, Code of Federal Regulations, the 

FAA has reviewed the petition made by 

the Air Transport Association of 

America, Inc., Air Carrier Association of 

America, Regional Airline Association, 

and the National Air Carrier Association 

on behalf of their members, and Airbus 

Americas, Inc. for extension of the 

comment period to Notice No. 08–07. 

These petitioners have shown a 

substantive interest in the proposed rule 

and good cause for the extension. The 

FAA has determined that extension of 

the comment period is consistent with 

the public interest, and that good cause 

exists for taking this action. 

Accordingly, the comment period for 

Notice No. 08–07 is extended until 

August 10, 2009. 

Issued in Washington, DC, on April 15, 

2009. 

Pamela Hamilton-Powell, 

Director, Office of Rulemaking. 

[FR Doc. E9–8968 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–2009–0248; Airspace 

Docket No. 09–AWP–2] 

RIN 2120–AA66 

Establishment of VOR Federal Airway 

V–625; Arizona 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

establish VOR Federal Airway 625 (V– 

625) between the Nogales, AZ, Very 

High Frequency Omnidirectional Range/ 

Tactical Air Navigation (VORTAC) and 

the ULAPI, AZ, intersection. 

Specifically, the FAA is proposing this 

action to establish a coordination point 

to facilitate border crossing flights 

between Mexico and the United States. 

DATES: Comments must be received on 

or before June 4, 2009. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, M– 

30, 1200 New Jersey Avenue, SE., West 

Building Ground Floor, Room W12–140, 

Washington, DC 20590–0001; telephone: 

(202) 366–9826. You must identify FAA 

Docket No. FAA–2009–0248 and 

Airspace Docket No. 09–AWP–2 at the 

beginning of your comments. You may 

also submit comments through the 

Internet at http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Ken 

McElroy, Airspace and Rules Group, 

Office of System Operations Airspace 

and AIM, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested parties are invited to 

participate in this proposed rulemaking 

by submitting such written data, views, 

or arguments, as they may desire. 

Comments that provide the factual basis 

supporting the views and suggestions 

presented are particularly helpful in 

developing reasoned regulatory 

decisions on the proposal. Comments 

are specifically invited on the overall 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects of the proposal. 

Communications should identify both 

docket numbers (FAA Docket No. FAA– 

2009–0248 and Airspace Docket No. 09– 

AWP–2) and be submitted in triplicate 


rmajette on PRODPC74 with PROPOSALS
17912 Federal Register / Vol. 74, No. 74 / Monday, April 20, 2009 / Proposed Rules 

to the Docket Management Facility (see 

ADDRESSES section for address and 

phone number). You may also submit 

comments through the Internet at http:// 

www.regulations.gov. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this action must submit with those 

comments a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to FAA 

Docket No. FAA–2009–0248 and 

Airspace Docket No. 09–AWP–2.’’ The 

postcard will be date/time stamped and 

returned to the commenter. 

All communications received on or 

before the specified closing date for 

comments will be considered before 

taking action on the proposed rule. The 

proposal contained in this action may 

be changed in light of comments 

received. All comments submitted will 

be available for examination in the 

public docket both before and after the 

closing date for comments. A report 

summarizing each substantive public 

contact with FAA personnel concerned 

with this rulemaking will be filed in the 

docket. 

Availability of NPRMs 

An electronic copy of this document 

may be downloaded through the 

Internet 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/. 

You may review the public docket 

containing the proposal, 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 

Western Service Center, Operations 

Support Group, Federal Aviation 

Administration, 1601 Lind Avenue, 

SW., Renton, WA 98055. 

Persons interested in being placed on 

a mailing list for future NPRMs should 

contact the FAA’s Office of Rulemaking, 

(202) 267–9677, for a copy of Advisory 

Circular No. 11–2A, Notice of Proposed 

Rulemaking Distribution System, which 

describes the application procedure. 

History 

In November 2008, Albuquerque 

ARTCC requested the establishment of a 

new airway for the coordination of 

border crossing flights between Mexico 

and the United States. This action 

responds to that request. 

The Proposal 

The FAA is proposing an amendment 

to Title 14 Code of Federal Regulations 

(14 CFR) part 71 to establish VOR 

Federal Airway 625 (V–625) between 

the Nogales, AZ, Very High Frequency 

Omnidirectional Range/Tactical Air 

Navigation (VORTAC) and the ULAPI, 

AZ, intersection. Specifically, the FAA 

is proposing this action to establish a 

coordination point to facilitate border 

crossing flights between Mexico and the 

United States. 

Domestic VOR Federal Airways are 

published in paragraph 6010(a) of FAA 

Order 7400.9S, signed October 3, 2008 

and effective October 31, 2008, which is 

incorporated by reference in 14 CFR 

71.1. The Domestic VOR Federal Airway 

listed in this document will be 

published subsequently in the Order. 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. 

Therefore, this proposed regulation: (1) 

Is not a ‘‘significant regulatory action’’ 

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under Department of 

Transportation (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 proposed 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 the 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 a VOR Federal Airway in 

Arizona. 

Environmental Review 

This proposal will be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1E, 

‘‘Environmental Impacts: Policies and 

Procedures,’’ prior to any FAA final 

regulatory action. 

List 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 

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 FAA Order 7400.9S, 

Airspace Designations and Reporting 

Points, signed October 3, 2008 and 

effective October 31, 2008, is amended 

as follows: 

Paragraph 6010(a) Domestic VOR Federal 

Airways. 

* * * * * 

V–625 [New] 

From Nogales, AZ, to int Nogales 154T/ 

142M excluding that airspace in Mexico. 

* * * * * 

Issued in Washington, DC, on April 13, 

2009. 

Edith V. Parish, 

Manager, Airspace and Rules Group. 

[FR Doc. E9–8969 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–2009–0089; Airspace 

Docket No. 09–ASW–4] 

Proposed Amendment of Class E 

Airspace; Devine, TX 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

amend Class E airspace at Devine, TX. 

Additional controlled airspace is 

necessary to accommodate new 

Standard Instrument Approach 


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