54494 Federal Register / Vol. 73, No. 184 / Monday, September 22, 2008 / Rules and Regulations 

Compliance 

(e) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Certain Requirements of AD 2007–18–08 

Hose Replacement 

(f) Within 330 flight hours or 7 months 

after October 11, 2007 (the effective date of 

AD 2007–18–08), whichever occurs first: 

Replace the flexible hoses installed in the slat 

anti-icing system with new hoses having part 

number (P/N) FAL1007, in accordance with 

the Accomplishment Instructions of Dassault 

Service Bulletin F10–313, Revision 1, dated 

May 10, 2006. Repeat the hose replacement 

thereafter at intervals not to exceed 700 flight 

cycles, except as provided by paragraph (h) 

of this AD. 

(g) Replacement of a hose before October 

11, 2007, in accordance with Dassault 

Service Bulletin F10–313, dated August 10, 

2005, is acceptable for compliance with the 

requirements of paragraph (f) of this AD. 

New Requirements of This AD: 

New Repetitive Interval 

(h) As of the effective date of this AD, 

repeat the hose replacement required by 

paragraph (f) of this AD within 700 flight 

hours since the last replacement, or within 

100 flight hours after the effective date of this 

AD, whichever occurs later, and thereafter at 

intervals not to exceed 700 flight hours. 

Alternative Methods of Compliance 

(AMOCs) 

(i)(1) The Manager, International Branch, 

ANM–116, FAA, ATTN: Tom Rodriguez, 

Aerospace Engineer, FAA, Transport 

Airplane Directorate, 1601 Lind Avenue, 

SW., Renton, Washington 98057–3356; 

telephone (425) 227–1137; fax (425) 227– 

1149; has the authority to approve AMOCs 

for this AD, if requested using the procedures 

found in 14 CFR 39.19. 

(2) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Before using any approved AMOC on 

any airplane to which the AMOC applies, 

notify your appropriate principal inspector 

(PI) in the FAA Flight Standards District 

Office (FSDO), or lacking a PI, your local 

FSDO. 

Related Information 

(j) European Aviation Safety Agency 

airworthiness directive 2006–0114, dated 

May 10, 2006, also addresses the subject of 

this AD. 

Material Incorporated by Reference 

(k) You must use Dassault Service Bulletin 

F10–313, Revision 1, dated May 10, 2006, to 

perform the actions that are required by this 

AD, unless the AD specifies otherwise. 

(1) On October 11, 2007 (72 FR 51161, 

September 6, 2007), the Director of the 

Federal Register approved the incorporation 

by reference of Dassault Service Bulletin 

F10–313, Revision 1, dated May 10, 2006. 

(2) Contact Dassault Falcon Jet, P.O. Box 

2000, South Hackensack, New Jersey 07606, 

for a copy of this service information. 

(3) You may review copies at the FAA, 

Transport Airplane Directorate, 1601 Lind 

Avenue, SW., Renton, Washington; or at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, call 

202–741–6030, or go to: http:// 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued in Renton, Washington, on 

September 12, 2008. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E8–22033 Filed 9–19–08; 8:45 am] 

BILLING CODE 4910–13–P 

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. 

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 


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Federal Register / Vol. 73, No. 184 / Monday, September 22, 2008 / Rules and Regulations 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 

■ 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. 

■ 2. Section 71.1 is added to read as 

follows: 

§ 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. 

■ 3. Section 71.5 is revised to read as 

follows: 

§ 71.5 Reporting points. 

The reporting points listed in subpart 

H of FAA Order 7400.9R (incorporated 

by reference, see § 71.1) consist of 

geographic locations at which the 

position of an aircraft must be reported 

in accordance with part 91 of this 

chapter. 

■ 4. Section 71.15 is revised to read as 

follows: 

§ 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 § 71.1. 

■ 5. Section 71.31 is revised to read as 

follows: 

§ 71.31 Class A airspace. 

The airspace descriptions contained 

in § 71.33 and the routes contained in 

subpart A of FAA Order 7400.9R 

(incorporated by reference, see § 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. 

■ 6. In § 71.33 revise paragraph (c) to 

read as follows: 

§ 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 § 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. 

■ 7. Section 71.41 is revised to read as 

follows: 

§ 71.41 Class B airspace. 

The Class B airspace areas listed in 

subpart B of FAA Order 7400.9R 

(incorporated by reference, see § 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 § 71.1) contains at least 

one primary airport around which the 

airspace is designated. 

■ 8. Section 71.51 is revised to read as 

follows: 

§ 71.51 Class C airspace. 

The Class C airspace areas listed in 

subpart C of FAA Order 7400.9R 

(incorporated by reference, see § 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 § 71.1) contains at least 

one primary airport around which the 

airspace is designated. 

■ 9. Section 71.61 is revised to read as 

follows: 

§ 71.61 Class D airspace. 

The Class D airspace areas listed in 

subpart D of FAA Order 7400.9R 

(incorporated by reference, see § 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 § 71.1) contains at least 

one primary airport around which the 

airspace is designated. 

■ 10. Section 71.71 is revised to read as 

follows: 

§ 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°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 

§ 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 § 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 


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54496 Federal Register / Vol. 73, No. 184 / Monday, September 22, 2008 / Rules and Regulations 

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 § 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 § 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 § 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. 

■ 11. Section 71.901 is revised to read 

as follows: 

§ 71.901 Applicability. 

Unless otherwise designated: 

(a) Each reporting point listed in 

subpart H of FAA Order 7400.9R 

(incorporated by reference, see § 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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 97 

[Docket No. 30627; Amdt. No. 3286] 

Standard Instrument Approach 

Procedures, and Takeoff Minimums 

and Obstacle Departure Procedures; 

Miscellaneous Amendments 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This rule establishes, amends, 

suspends, or revokes Standard 

Instrument Approach Procedures 

(SIAPs) and associated Takeoff 

Minimums and Obstacle Departure 

Procedures for operations at certain 

airports. These regulatory actions are 

needed because of the adoption of new 

or revised criteria, or because of changes 

occurring in the National Airspace 

System, such as the commissioning of 

new navigational facilities, adding new 

obstacles, or changing air traffic 

requirements. These changes are 

designed to provide safe and efficient 

use of the navigable airspace and to 

promote safe flight operations under 

instrument flight rules at the affected 

airports. 

DATES: This rule is effective September 

22, 2008. The compliance date for each 

SIAP, associated Takeoff Minimums, 

and ODP is specified in the amendatory 

provisions. 

The incorporation by reference of 

certain publications listed in the 

regulations is approved by the Director 

of the Federal Register as of September 

22, 2008. 

ADDRESSES: Availability of matters 

incorporated by reference in the 

amendment is as follows: 

For Examination— 

1. FAA Rules Docket, FAA 

Headquarters Building, 800 

Independence Avenue, SW., 

Washington, DC 20591; 

2. The FAA Regional Office of the 

region in which the affected airport is 

located; 

3. The National Flight Procedures 

Office, 6500 South MacArthur Blvd., 

Oklahoma City, OK 73169 or, 

4. The National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/ 

federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Availability—All SIAPs and Takeoff 

Minimums and ODPs are available 

online free of charge. Visit nfdc.faa.gov 

to register. Additionally, individual 

SIAP and Takeoff Minimums and ODP 

copies may be obtained from: 

1. FAA Public Inquiry Center (APA– 

200), FAA Headquarters Building, 800 

Independence Avenue, SW., 

Washington, DC 20591; or 

2. The FAA Regional Office of the 

region in which the affected airport is 

located. 

FOR FURTHER INFORMATION CONTACT: 

Harry J. Hodges, Flight Procedure 

Standards Branch (AFS–420), Flight 

Technologies and Programs Divisions, 

Flight Standards Service, Federal 

Aviation Administration, Mike 

Monroney Aeronautical Center, 6500 

South MacArthur Blvd., Oklahoma City, 

OK 73169 (Mail Address: P.O. Box 

25082, Oklahoma City, OK 73125) 

Telephone: (405) 954–4164. 

SUPPLEMENTARY INFORMATION: This rule 

amends Title 14 of the Code of Federal 

Regulations, part 97 (14 CFR part 97), by 

establishing, amending, suspending, or 

revoking SIAPS, Takeoff Minimums 

and/or ODPS. The complete regulators 

description of each SIAP and its 

associated Takeoff Minimums or ODP 

for an identified airport is listed on FAA 

form documents which are incorporated 

by reference in this amendment under 5 

U.S.C. 552(a), 1 CFR part 51, and 14 

CFR part 97.20. The applicable FAA 

Forms are FAA Forms 8260–3, 8260–4, 

8260–5, 8260–15A, and 8260–15B when 

required by an entry on 8260–15A. 

The large number of SIAPs, Takeoff 

Minimums and ODPs, in addition to 

their complex nature and the need for 

a special format make publication in the 

Federal Register expensive and 

impractical. Furthermore, airmen do not 

use the regulatory text of the SIAPs, 

Takeoff Minimums or ODPs, but instead 

refer to their depiction on charts printed 

by publishers of aeronautical materials. 

Thus, the advantages of incorporation 

by reference are realized and 

publication of the complete description 

of each SIAP, Takeoff Minimums and 

ODP listed on FAA forms is 

unnecessary. This amendment provides 

the affected CFR sections and specifies 

the types of SIAPs and the effective 

dates of the associated Takeoff 

Minimums and ODPs. This amendment 

also identifies the airport and its 

location, the procedure, and the 

amendment number. 

The Rule 

This amendment to 14 CFR part 97 is 

effective upon publication of each 

separate SIAP, Takeoff Minimums and 

ODP as contained in the transmittal. 

Some SIAP and Takeoff Minimums and 


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