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contains regulatory documents having general

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are keyed to and codified in the Code of

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Rules and Regulations Federal Register

20201 

Vol. 74, No. 83 

Friday, May 1, 2009 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 73 

[Docket No. FAA–2009–0353; Airspace 

Docket No. 09–ANM–5] 

RIN 2120–AA66 

Amendment to Restricted Areas R– 

6402 A&B, R–6404 A, B, C & D, R–6405, 

R–6406 A & B, and R–6407; Utah 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action changes the using 

agency of Restricted Area 6402 (R–6402 

A & B), Dugway Proving Ground; R– 

6404 A, B, C & D, Hill AFB; R–6405, R– 

6406 A & B, Wendover; and R–6407, 

Hill AFB, Utah, from ‘‘Commander, 

6501 Range Squadron, Air Force 

Systems Command, Hill AFB, UT.’’ to 

‘‘388th Fighter Wing Air Combat 

Command, Hill AFB UT.’’ The FAA is 

taking this action in response to a 

request from the United States 

Department of Air Force to reflect an 

administrative change of responsibility 

for the restricted areas. There are no 

changes to the boundaries; designated 

altitudes; time of designation; or 

activities conducted within the affected 

restricted areas. 

DATES: Effective Date: 0901 UTC, July 2, 

2009. 

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: 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) part 73 by 

amending the using agency for 

Restricted Areas 6402 (R–6402 A & B), 

Dugway Proving Ground; R–6404 A, B, 

C & D, Hill AFB; R–6405, R–6406 A & 

B, Wendover; and R–6407, Hill AFB, 

Utah, from ‘‘Commander, 6501 Range 

Squadron, Air Force Systems Command, 

Hill AFB, UT.’’ to ‘‘388th Fighter Wing 

Air Combat Command, Hill AFB UT.’’ 

Accordingly, since this action only 

involves a change of administrative 

information and does not change the 

boundary, designated ceiling, or times 

of use of the restricted areas notice and 

public procedures under 5 U.S.C. 533(b) 

are unnecessary. 

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 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 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 amends the using agency for said 

restricted areas in Utah. 

Section 73.64 of Title 14 CFR part 73 

was republished in FAA Order 7400.8R, 

effective February 5, 2009. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with 311d., 

FAA Order 1050.1E, ‘‘Environmental 

Impacts: Policies and Procedures.’’ This 

airspace action is not expected to cause 

any potentially significant 

environmental impacts, and no 

extraordinary circumstances exist that 

warrant preparation of an 

environmental assessment. 

List of Subjects in 14 CFR Part 73 

Airspace, Prohibited areas, Restricted 

areas. 

Adoption of the Amendment 

■ In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 73 as follows: 

PART 73—SPECIAL USE AIRSPACE 

■ 1. The authority citation for part 73 

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. 

§ 73.64 [Amended] 

■ 2. Section 73.64 is amended as 

follows: 

* * * * * 

R–6402A Dugway Proving Ground, 

UT [Amended] 

Under Using agency, remove the 

words ‘‘Commander, 6501 Range 

Squadron, Air Force Systems Command, 

Hill AFB, UT.’’ and insert ‘‘388th 

Fighter Wing, Air Combat Command, 

Hill AFB UT.’’ 

R–6402B Dugway Proving Ground, UT 

[Amended] 

Under Using agency, remove the 

words ‘‘Commander, 6501 Range 

Squadron, Air Force Systems Command, 

Hill AFB, UT.’’ and insert ‘‘388th 

Fighter Wing, Air Combat Command, 

Hill AFB UT.’’ 

* * * * * 

R–6404A Hill AFB, UT [Amended] 

Under Using agency, remove the 

words ‘‘Commander, 6501 Range 

Squadron, Air Force Systems Command, 

Hill AFB, UT.’’ and insert ‘‘388th 

Fighter Wing, Air Combat Command, 

Hill AFB UT.’’ 

20202 Federal Register / Vol. 74, No. 83 / Friday, May 1, 2009 / Rules and Regulations 

R–6404B Hill AFB, UT [Amended] 

Under Using agency, remove the 

words ‘‘Commander, 6501 Range 

Squadron, Air Force Systems Command, 

Hill AFB, UT.’’ and insert ‘‘388th 

Fighter Wing, Air Combat Command, 

Hill AFB UT.’’ 

R–6404C Hill AFB, UT [Amended] 

Under Using agency, remove the 

words ‘‘Commander, 6501 Range 

Squadron, Air Force Systems Command, 

Hill AFB, UT.’’ and insert ‘‘388th 

Fighter Wing, Air Combat Command, 

Hill AFB UT.’’ 

R–6404D Hill AFB, UT [Amended] 

Under Using agency, remove the 

words ‘‘Commander, 6501 Range 

Squadron, Air Force Systems Command, 

Hill AFB, UT.’’ and insert ‘‘388th 

Fighter Wing, Air Combat Command, 

Hill AFB UT.’’ 

R–6405 Wendover, UT [Amended] 

Under Using agency, remove the 

words ‘‘Commander, 6501 Range 

Squadron, Air Force Systems Command, 

Hill AFB, UT.’’ and insert ‘‘388th 

Fighter Wing, Air Combat Command, 

Hill AFB UT.’’ 

R–6406A Wendover, UT [Amended] 

Under Using agency, remove the 

words ‘‘Commander, 6501 Range 

Squadron, Air Force Systems Command, 

Hill AFB, UT.’’ and insert ‘‘388th 

Fighter Wing, Air Combat Command, 

Hill AFB UT.’’ 

R–6406B Wendover, UT [Amended] 

Under Using agency, remove the 

words ‘‘Commander, 6501 Range 

Squadron, Air Force Systems Command, 

Hill AFB, UT.’’ and insert ‘‘388th 

Fighter Wing, Air Combat Command, 

Hill AFB UT.’’ 

R–6407 Hill AFB, UT [Amended] 

Under Using agency, remove the 

words ‘‘Commander, 6501 Range 

Squadron, Air Force Systems Command, 

Hill AFB, UT.’’ and insert ‘‘388th 

Fighter Wing, Air Combat Command, 

Hill AFB UT.’’ 

* * * * * 

Issued in Washington, DC, April 23, 2009. 

Edith V. Parish, 

Manager, Airspace and Rules Group. 

[FR Doc. E9–9968 Filed 4–30–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 91 and 135 

[Docket No. FAA–2002–14002; Amendment 

Nos. 91–306 and 135–110] 

RIN 2120–AJ46 

Communication and Area Navigation 

Equipment (RNAV) Operations in 

Remote Locations and Mountainous 

Terrain 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: This final rule amends the 

regulations to allow the use of the 

published Obstacle Departure 

Procedures (ODP) or an alternative 

procedure or route assigned by Air 

Traffic Control (ATC). Also, this final 

rule amends the requirements to 

facilitate compliance and accurately 

reflect operating conditions in areas in 

which the terrain impedes 

communications. In August 2007, the 

FAA issued regulations relating to ODPs 

and Area Navigation equipment 

(RNAV). Among the amendments, the 

FAA prohibited Instrument Flight Rules 

(IFR) takeoffs from airports with 

published ODPs for the takeoff runway 

to be used unless the pilot uses the ODP 

for that runway. Following publication 

of the rule, the FAA determined that 

this requirement is unnecessarily 

restrictive because it prohibits pilots 

from using Standard Instrument 

Departure (SID) procedures and air 

traffic control (ATC) radar vectoring. 

The final rule also amended the 

communication and navigation 

equipment requirements for aircraft 

operations under Visual Flight Rules 

(VFR). The FAA determined that 

compliance with the new 

communications requirements may not 

be possible in remote locations and 

areas of mountainous terrain. This final 

rule is adopted without prior notice and 

public comment, but the public may 

comment prior to the effective date of 

the rule. 

DATES: Effective Date—This amendment 

becomes effective June 30, 2009. 

Comments Due—Comments must be 

received by June 1, 2009. 

ADDRESSES: You may send comments 

identified by Docket Number FAA– 

2002–14002 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, M–30, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., West Building Ground 

Floor, Room W12–140, Washington, DC 

20590. 

• Hand Delivery or Courier: Take 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

• Fax: Fax comments to Docket 

Operations at 202–493–2251. For more 

information on the rulemaking process, 

see the SUPPLEMENTARY INFORMATION

section of this document. 

Privacy: We will post all comments 

we receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. 

Using the search function of our docket 

Web site, anyone can find and read the 

comments received into any of our 

dockets, including the name of the 

individual sending the comment (or 

signing the comment for an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78) or you may visit http:// 

DocketsInfo.dot.gov. 

Docket: To read background 

documents or comments received, go to 

http://www.regulations.gov at any time 

or to Docket Operations in Room W12– 

140 of the West Building Ground Floor 

at 1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this final 

rule, contact Dennis Mills, Aviation 

Safety Inspector, Air Transportation 

Division, Fight Standards Service, AFS– 

220, Federal Aviation Administration, 

800 Independence Avenue, SW., 

Washington, DC 20591; telephone (202) 

493–4901 facsimile (202) 267–5229, 

e-mail dennis.mills@faa.gov. For legal 

questions concerning this final rule, 

contact Robert Hawks, General 

Attorney, Office of the Chief Counsel, 

Regulations Division, AGC–240, Federal 

Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591; telephone (202) 

267–7143, facsimile (202) 267–7971, 

e-mail rob.hawks@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA is adopting this final rule 

without prior notice and public