`[Federal Register Volume 73, Number 184 (Monday, September 22, 2008)]
[Rules and Regulations]
[Pages 54494-54496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21986]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. 29334; Amendment No. 71-40]


Airspace Designations; Incorporation by Reference

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Title 14 Code of Federal Regulations (14 
CFR) part 71 relating to airspace designations to reflect the approval 
by the Director of the Federal Register of the incorporation by 
reference (IBR) of FAA Order 7400.9R, Airspace Designations and 
Reporting Points. This action also explains the procedures the FAA will 
use to amend the listings of Class A, B, C, D, and E airspace areas; 
air traffic service routes; and reporting points incorporated by 
reference.

DATES: Effective Date: These regulations are effective September 16, 
2008 until October 31, 2008. The incorporation by reference of FAA 
Order 7400.9R is approved by the Director of the Federal Register as of 
September 16, 2008 until October 31, 2008.

FOR FURTHER INFORMATION CONTACT: Tameka Bentley, Airspace and Rules 
Group, Office of System Operations Airspace and AIM, Federal Aviation 
Administration, 800 Independence Avenue, SW., Washington, DC 20591; 
telephone: (202) 267-9239.

SUPPLEMENTARY INFORMATION:

History

    FAA Order 7400.9R, Airspace Designations and Reporting Points, 
effective September 15, 2007, listed Class A, B, C, D and E airspace 
areas; air traffic service routes; and reporting points. Due to the 
length of these descriptions, the FAA requested approval from the 
Office of the Federal Register to incorporate the material by reference 
in the Federal Aviation Regulations section 71.1. During the 
incorporation by reference period, from September 15, 2007 through 
September 15, 2008, the FAA processed all proposed changes of the 
airspace listings in FAA Order 7400.9R in full text as proposed rule 
documents in the Federal Register. Likewise, all amendments of these 
listings were published in full text as final rules in the Federal 
Register. This rule reflects the continued incorporation of 7400.9R, 
pending a revised edition of the Order. The Director of the Federal 
Register has extended the IBR approval of FAA Order 7400.9R in section 
71.1, as of September 16, 2008 until October 31, 2008. This rule also 
explains the procedures the FAA will use to amend the airspace 
designations incorporated by reference in part 71. Sections 71.5, 
71.15, 71.31, 71.33, 71.41, 71.51, 71.61, 71.71, and 71.901 are amended 
to reflect the incorporation by reference of FAA Order 7400.9R.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR) 
part 71 to reflect the approval by the Director of the Federal Register 
of the incorporation by reference of FAA Order 7400.9R, effective 
September 16, 2008. This rule reflects the continued incorporation of 
7400.9R, pending a revised edition of the Order. During the 
incorporation by reference, the FAA will continue to process all 
proposed changes of the airspace listings in the Order. Likewise, all 
amendments of these listings will be published in full text as final 
rules in the Federal Register. The FAA will periodically integrate all 
final rule amendments into a revised edition of the Order, and submit 
the revised edition to the Director of the Federal Register for 
approval for incorporation by reference in section 71.1.
    The FAA has determined that this action: (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. This 
action neither places any new restrictions or requirements on the 
public, nor changes the dimensions or operation requirements of the 
airspace listings incorporated by reference in part 71. Consequently, 
notice and public procedure under 5 U.S.C. 553(b) are unnecessary. 
Because this action will continue to update the changes to the

[[Page 54495]]

airspace designations, which are depicted on aeronautical charts, and 
to avoid any unnecessary pilot confusion, I find that good cause 
exists, under 5 U.S.C. 553(d), for making this amendment effective in 
less than 30 days.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

0
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

0
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.


0
2. Section 71.1 is added to read as follows:


Sec.  71.1  Applicability.

    A listing for Class A, B, C, D, and E airspace areas; air traffic 
service routes; and reporting points can be found in FAA Order 7400.9R, 
Airspace Designations and Reporting Points. This incorporation by 
reference was approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The approval to 
incorporate by reference FAA Order 7400.9R is effective September 16, 
2008 until October 31, 2008. During the incorporation by reference, 
proposed changes to the listings of Class A, B, C, D, and E airspace 
areas; air traffic service routes; and reporting points will be 
published in full text as proposed rule documents in the Federal 
Register. Amendments to the listings of Class A, B, C, D, and E 
airspace areas; air traffic service routes; and reporting points will 
be published in full text as final rules in the Federal Register. 
Periodically, the final rule amendments will be integrated into a 
revised edition of the Order and submitted to the Director of the 
Federal Register for approval for incorporation by reference in this 
section. Copies of FAA Order 7400.9R may be obtained from Airspace and 
Rules Group, Federal Aviation Administration, 800 Independence Avenue, 
SW., Washington, DC 20591, (202) 267-8783. An electronic version of the 
Order is available on the FAA Web site at http://www.faa.gov/airports_airtraffic/air_traffic/publications/. Copies of FAA Order 7400.9R may 
be inspected in Docket No. 29334 on the Federal Register Web site at 
http://www.regulations.gov.

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3. Section 71.5 is revised to read as follows:


Sec.  71.5  Reporting points.

    The reporting points listed in subpart H of FAA Order 7400.9R 
(incorporated by reference, see Sec.  71.1) consist of geographic 
locations at which the position of an aircraft must be reported in 
accordance with part 91 of this chapter.

0
4. Section 71.15 is revised to read as follows:


Sec.  71.15  Designation of jet routes and VOR Federal airways.

    Unless otherwise specified, the place names appearing in the 
descriptions of airspace areas designated as jet routes in subpart A of 
FAA Order 7400.9R, and as VOR Federal airways in subpart E of FAA Order 
7400.9R, are the names of VOR or VORTAC navigation aids. FAA Order 
7400.9R is incorporated by reference in Sec.  71.1.

0
5. Section 71.31 is revised to read as follows:


Sec.  71.31  Class A airspace.

    The airspace descriptions contained in Sec.  71.33 and the routes 
contained in subpart A of FAA Order 7400.9R (incorporated by reference, 
see Sec.  71.1) are designated as Class A airspace within which all 
pilots and aircraft are subject to the rating requirements, operating 
rules, and equipment requirements of part 91 of this chapter.

0
6. In Sec.  71.33 revise paragraph (c) to read as follows:


Sec.  71.33  Class A airspace areas.

* * * * *
    (c) The airspace areas listed as offshore airspace areas in subpart 
A of FAA Order 7400.9R (incorporated by reference, see Sec.  71.1) that 
are designated in international airspace within areas of domestic radio 
navigational signal or ATC radar coverage, and within which domestic 
ATC procedures are applied.

0
7. Section 71.41 is revised to read as follows:


Sec.  71.41  Class B airspace.

    The Class B airspace areas listed in subpart B of FAA Order 7400.9R 
(incorporated by reference, see Sec.  71.1) consist of specified 
airspace within which all aircraft operators are subject to the minimum 
pilot qualification requirements, operating rules, and aircraft 
equipment requirements of part 91 of this chapter. Each Class B 
airspace area designated for an airport in subpart B of FAA Order 
7400.9R (incorporated by reference, see Sec.  71.1) contains at least 
one primary airport around which the airspace is designated.

0
8. Section 71.51 is revised to read as follows:


Sec.  71.51  Class C airspace.

    The Class C airspace areas listed in subpart C of FAA Order 7400.9R 
(incorporated by reference, see Sec.  71.1) consist of specified 
airspace within which all aircraft operators are subject to operating 
rules and equipment requirements specified in part 91 of this chapter. 
Each Class C airspace area designated for an airport in subpart C of 
FAA Order 7400.9R (incorporated by reference, see Sec.  71.1) contains 
at least one primary airport around which the airspace is designated.

0
9. Section 71.61 is revised to read as follows:


Sec.  71.61  Class D airspace.

    The Class D airspace areas listed in subpart D of FAA Order 7400.9R 
(incorporated by reference, see Sec.  71.1) consist of specified 
airspace within which all aircraft operators are subject to operating 
rules and equipment requirements specified in part 91 of this chapter. 
Each Class D airspace area designated for an airport in subpart D of 
FAA Order 7400.9R (incorporated by reference, see Sec.  71.1) contains 
at least one primary airport around which the airspace is designated.

0
10. Section 71.71 is revised to read as follows:


Sec.  71.71  Class E airspace.

    Class E Airspace consists of:
    (a) The airspace of the United States, including that airspace 
overlying the waters within 12 nautical miles of the coast of the 48 
contiguous states and Alaska, extending upward from 14,500 feet MSL up 
to, but not including 18,000 feet MSL, and the airspace above FL600, 
excluding--
    (1) The Alaska peninsula west of longitude 160[deg]00'00'' W.; and
    (2) The airspace below 1,500 feet above the surface of the earth.
    (b) The airspace areas designated for an airport in subpart E of 
FAA Order 7400.9R (incorporated by reference, see Sec.  71.1) within 
which all aircraft operators are subject to the operating rules 
specified in part 91 of this chapter.
    (c) The airspace areas listed as domestic airspace areas in subpart 
E of FAA Order 7400.9R (incorporated by reference, see Sec.  71.1) 
which extend upward from 700 feet or more above the surface of the 
earth when designated in conjunction with an airport for which an 
approved instrument approach procedure has been prescribed, or from

[[Page 54496]]

1,200 feet or more above the surface of the earth for the purpose of 
transitioning to or from the terminal or en route environment. When 
such areas are designated in conjunction with airways or routes, the 
extent of such designation has the lateral extent identical to that of 
a Federal airway and extends upward from 1,200 feet or higher. Unless 
otherwise specified, the airspace areas in the paragraph extend upward 
from 1,200 feet or higher above the surface to, but not including, 
14,500 feet MSL.
    (d) The Federal airways described in subpart E of FAA Order 7400.9R 
(incorporated by reference, see Sec.  71.1).
    (e) The airspace areas listed as en route domestic airspace areas 
in subpart E of FAA Order 7400.9R (incorporated by reference, see Sec.  
71.1). Unless otherwise specified, each airspace area has a lateral 
extent identical to that of a Federal airway and extends upward from 
1,200 feet above the surface of the earth to the overlying or adjacent 
controlled airspace.
    (f) The airspace areas listed as offshore airspace areas in subpart 
E of FAA Order 7400.9R (incorporated by reference, see Sec.  71.1) that 
are designated in international airspace within areas of domestic radio 
navigational signal or ATC radar coverage, and within which domestic 
ATC procedures are applied. Unless otherwise specified, each airspace 
area extends upward from a specified altitude up to, but not including, 
18,000 feet MSL.

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11. Section 71.901 is revised to read as follows:


Sec.  71.901  Applicability.

    Unless otherwise designated:
    (a) Each reporting point listed in subpart H of FAA Order 7400.9R 
(incorporated by reference, see Sec.  71.1) applies to all directions 
of flight. In any case where a geographic location is designated as a 
reporting point for less than all airways passing through that point, 
or for a particular direction of flight along an airway only, it is so 
indicated by including the airways or direction of flight in the 
designation of geographical location.
    (b) Place names appearing in the reporting point descriptions 
indicate VOR or VORTAC facilities identified by those names.

    Issued in Washington, DC, on September 16, 2008.
Barry C. Davis,
Acting Director, Systems Operations, Airspace, and AIM.
[FR Doc. E8-21986 Filed 9-16-08; 4:40 pm]
BILLING CODE 4910-13-P`