49090 Federal Register / Vol. 73, No. 162 / Wednesday, August 20, 2008 / Rules and Regulations 

Dated: August 13, 2008. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E8–19134 Filed 8–19–08; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2008–0666; Airspace 

Docket No. 08–AGL–6] 

Removal of Class E Airspace; Chicago, 

IL 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action removes the Class 

E4 Airspace at Chicago, IL as there is no 

longer a Standard Instrument Approach 

Procedure (SIAP) for Chicago Aurora 

Municipal Airport requiring Class E4 

airspace. 

DATES: Effective Dates: 0901 UTC, 

November 20, 2008. 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. 

FOR FURTHER INFORMATION CONTACT: Gary 

A. Mallett, Operations Support Group, 

Central Service Center, Federal Aviation 

Administration, Southwest Region, 2601 

Meacham Blvd., Fort Worth, TX 76193–

0530; telephone (817) 222–4949. 

SUPPLEMENTARY INFORMATION: 

History 

The VOR–A Approach Procedure was 

cancelled removing the Class E4 

airspace requirement at Chicago Aurora 

Municipal Airport in Chicago, IL. This 

rule will become effective on the date 

specified in the DATES section. Since 

this action eliminates the impact of 

controlled airspace on users of the 

National Airspace System in the vicinity 

of Chicago Aurora Municipal Airport, 

notice and public procedure under 5 

U.S.C. 553(b) are unnecessary. Class E 

airspace designations for airspace areas 

extending upward from the surface of 

the Earth are published in Paragraph 

6004 of FAA Order 7400.9R, signed 

August 15, 2007, and effective 

September 15, 2007, which is 

incorporated by reference in 14 CFR 

71.1. The Class E designation listed in 

this document will be removed from 

publication subsequently in the Order. 

The Rule 

This amendment to part 71 of the 

Federal Aviation Regulations (14 CFR 

part 71) removes Class E4 airspace at 

Chicago Aurora Municipal Airport, 

Chicago, IL. 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, is 

noncontroversial and unlikely to result 

in adverse or negative comments. 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 

removes controlled airspace at Chicago 

Aurora Municipal Airport, Chicago, IL. 

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: 

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 7400.9R, Airspace 

Designations and Reporting Points, 

signed August 15, 2007, effective 

September 15, 2007, is amended as 

follows: 

Paragraph 6004 Class E Airspace Areas 

Extending Upward From the Surface of the 

Earth. 

* * * * * 

AGL IL E4 Chicago, Aurora Municipal 

Airport [Remove] 

* * * * * 

Issued in Fort Worth, TX on: August 6, 

2008. 

Donald R. Smith, 

Manager, Operations Support Group, ATO 

Central Service Center. 

[FR Doc. E8–19022 Filed 8–19–08; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 73 

[Docket No. FAA–2008–0628; Airspace 

Docket No. 07–ASW–15] 

RIN 2120–AA66 

Revision of Restricted Area 5107A; 

White Sands Missile Range, NM 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action revises Restricted 

Area 5107A (R–5107A), White Sands 

Missile Range, NM, by subdividing the 

area to reduce the size of R–5107A, and 

establish R–5107K. Together, R–5107A 

and R–5107K will occupy the same 

vertical, but slightly smaller lateral area 

than the existing R–5107A. The FAA is 

taking this action in response to a 

request from the United States (U.S.) 

Army to divide the existing R–5107A 

into two restricted areas, R–5107A and 

R–5107K. This action will fulfill 

Department of Defense training 

requirements while freeing unused 

airspace for use by nonparticipating 

civil aircraft. Additionally, this action 

will allow the U.S. Army to activate 

only that portion of the airspace 

necessary to contain their operations. 

DATES: Effective Date: 0901 UTC, 

September 25, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Kelly Neubecker, Airspace and Rules 

Group, Office of System Operations 

Airspace and AIM, Federal Aviation 

Administration, 800 Independence 


sroberts on PROD1PC70 with RULES