60940 Federal Register / Vol. 73, No. 200 / Wednesday, October 15, 2008 / Rules and Regulations 

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 

7400.9S 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 

7400.9S may be inspected in Docket No. 

29334 at http://www.regulations.gov or 

at the National Archives and Records 

Administration. 

§ 71.5 [Amended] 

■ 3. Section 71.5 is amended by 

removing the words ‘‘FAA Order 

7400.9R’’ and adding, in their place, the 

words ‘‘FAA Order 7400.9S.’’ 

§ 71.15 [Amended] 

■ 4. Section 71.15 is amended by 

removing the words ‘‘FAA Order 

7400.9R’’ and adding, in their place, the 

words ‘‘FAA Order 7400.9S.’’ 

§ 71.31 [Amended] 

■ 5. Section 71.31 is amended by 

removing the words ‘‘FAA Order 

7400.9R’’ and adding, in their place, the 

words ‘‘FAA Order 7400.9S.’’ 

§ 71.33 [Amended] 

■ 6. Paragraph (c) of section 71.33 is 

amended by removing the words ‘‘FAA 

Order 7400.9R’’ and adding, in their 

place, the words ‘‘FAA Order 7400.9S.’’ 

§ 71.41 [Amended] 

■ 7. Section 71.41 is amended by 

removing the words ‘‘FAA Order 

7400.9R’’ and adding, in their place, the 

words ‘‘FAA Order 7400.9S.’’ 

§ 71.51 [Amended] 

■ 8. Section 71.51 is amended by 

removing the words ‘‘FAA Order 

7400.9R’’ and adding, in their place, the 

words ‘‘FAA Order 7400.9S.’’ 

§ 71.61 [Amended] 

■ 9. Section 71.61 is amended by 

removing the words ‘‘FAA Order 

7400.9R’’ and adding, in their place, the 

words ‘‘FAA Order 7400.9S.’’ 

§ 71.71 [Amended] 

■ 10. Paragraphs (b), (c), (d), (e), and (f) 

of section 71.71 are amended by 

removing the words ‘‘FAA Order 

7400.9R’’ and adding, in their place, the 

words ‘‘FAA Order 7400.9S.’’ 

§ 71.901 [Amended] 

■ 11. Paragraph (a) of section 71.901 is 

amended by removing the words ‘‘FAA 

Order 7400.9R’’ and adding, in their 

place, the words ‘‘FAA Order 7400.9S.’’ 

Issued in Washington, DC, on October 3, 

2008. 

Edith V. Parish, 

Manager, Airspace and Rules Group. 

[FR Doc. E8–24086 Filed 10–14–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2008–0923; Airspace 

Docket 08–AEA–22] 

Modification of Class E Airspace; 

Culpeper, VA; Removal of Class E 

Airspace; Pelham Lake, VA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct Final rule, Request for 

Comments. 

SUMMARY: This action modifies and 

restores Class E airspace that had 

inadvertently been omitted at Culpeper, 

VA. Additionally, this action transfers 

airspace listed under Pelham Lake, VA 

to that listed under Culpeper, VA, more 

appropriately identifying its official 

location. This rule increases the safety 

and management of the National 

Airspace System (NAS) around the 

Culpeper Regional Airport and the 

Culpeper Memorial Hospital Heliport. 

DATES: Effective 0901 UTC, January 15, 

2009. 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. Comments for inclusion 

in the Rules Docket must be received on 

or before December 1, 2008. 

ADDRESSES: Send comments on this rule 

to: U.S. Department of Transportation, 

Docket Operations, West Building, 

Ground Floor, Room W12–140, 1200 

New Jersey, SE., Washington, DC 

20590–0001; Telephone: 1–800 647– 

5527; Fax: 202–493–2251. You must 

identify the Docket Number FAA–2008– 

0923; Airspace Docket No. 08–AEA–22, 

at the beginning of your comments. You 

may also submit and review received 

comments through the Internet at 

http://www.regulations.gov. 

You may review the public docket 

containing the rule, 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 Eastern Service 

Center, Federal Aviation 

Administration, Room 210, 1701 

Columbia Avenue, College Park, Georgia 

30337. 

FOR FURTHER INFORMATION CONTACT: 

Daryl Daniels, Operations Support, 

Eastern Service Center, Federal Aviation 

Administration, P.O. Box 20636, 

Atlanta, Georgia 30320; telephone (404) 

305–5581. 

SUPPLEMENTARY INFORMATION: 

The Direct Final Rule Procedure 

The FAA anticipates that this 

regulation will not result in adverse or 

negative comments, and, therefore, 

issues it as a direct final rule. The FAA 

has determined that this rule only 

involves an established body of 

technical regulations for which frequent 

and routine amendments are necessary 

to keep them operationally current. This 

rule is effective and there will be no 

further action by the FAA unless a 

written adverse or negative comment or 

a written notice of intent to submit an 

adverse or negative comment is received 

within the comment period. If the FAA 

receives, within the comment period, an 

adverse or negative comment, or written 

notice of intent to submit such a 

comment, a document withdrawing the 

direct final rule will be published in the 

Federal Register, and a notice of 

proposed rulemaking may be published 

with a new comment period. 

Comments Invited 

Although this action is in the form of 

a direct final rule, and was not preceded 

by a notice of proposed rulemaking, 

interested persons are invited to 

comment on this rule by submitting 

such written data, views, or arguments 

as they may desire. An electronic copy 

of this document may be downloaded 

from and comments may be submitted 

and reviewed at http:// 

www.regulations.gov. Recently 

published rulemaking documents can 


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Federal Register / Vol. 73, No. 200 / Wednesday, October 15, 2008 / Rules and Regulations 60941 

also be accessed through the FAA’s Web 

page at http://www.faa.gov. or the 

Federal Register’s Web page at http:// 

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

Communications should identify both 

docket numbers and be submitted in 

triplicate to the address specified under 

the caption ADDRESSES above or through 

the Web site. All communications 

received on or before the closing date 

for comments will be considered, and 

this rule may be amended or withdrawn 

in light of the comments received. 

Comments are specifically invited on 

the overall regulatory, economic, 

environmental, and energy aspects of 

the rule that might suggest a need to 

modify the rule. Factual information 

that supports the commenter’s ideas and 

suggestions is extremely helpful in 

evaluating the effectiveness of this 

action and determining whether 

additional rulemaking action would be 

needed. All comments submitted will be 

available, both before and after the 

closing date for comments, in the Rules 

Docket for examination by interested 

persons. Those wishing the FAA to 

acknowledge receipt of their comments 

submitted in response to this rule must 

submit a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket No. FAA–2008–0923; Airspace 

Docket No. 08–AEA–22.’’ The postcard 

will be date stamped and returned to the 

commenter. 

History 

Class E airspace is established via 

rulemaking provisions set forth by the 

FAA, Department of Transportation and 

other Agencies of these United States of 

America. Due to the large number and 

frequency of changes, the designations 

are not carried in Title 14, Code of 

Federal Regulations (14 CFR), part 71. 

For ease of reference, the FAA provides 

a compilation of airspace designations 

and reporting points via FAA Order 

7400.9. An evaluation uncovered an 

omission from the FAA Order 7400.9R 

caused by a rulemaking airspace action 

intended to supplement the established 

Class E airspace at Culpeper, VA. It was 

also discovered that the referenced city 

for airspace around Culpeper Memorial 

Hospital Heliport was addressed to a 

local community area (Pelham Lake) 

instead of being appropriately 

associated with the city of Culpeper. 

This action additionally corrects the 

spelling as shown in FAA Order 

7400.9R from Culpepper to Culpeper. 

Minor changes to the dimensions to the 

established Class E airspace have 

become necessary due to better 

computation methods of established 

Standard Instrument Approach 

Procedures. 

The Rule 

This amendment to Title 14, Code of 

Federal Regulations (14 CFR) part 71 

modifies E5 airspace at Culpeper, VA by 

reconstituting previously omitted 

airspace descriptions for the Culpeper 

Regional Airport, amending said 

airspace by replacing the 

decommissioned Culpeper NDB with 

the Nailr NDB and extending the 

airspace to 16 miles southwest of the 

Nailr NDB. Additionally this 

amendment removes the Culpeper 

Memorial Hospital’s airspace that is 

linked with Pelham Lake, VA, 

appropriately associates this Hospital’s 

airspace with the city of Culpeper, VA 

and substitutes the UDNEW 

WAYPOINT for the listed Point in 

Space Coordinates, being the same and 

part of the Instrument Approach 

Procedure that is used to develop the 

airspace serving the Hospital. 

Class E5 airspace designations for 

airspace areas extending upwards from 

700 feet above the surface of the Earth 

are published in Paragraph 6005 of FAA 

Order 7400.9R, dated August 15, 2007, 

and effective September 15, 2007, which 

is incorporated by reference in 14 CFR 

71.1. The Class E5 airspace designations 

listed in this document will be 

published subsequently in the Order. 

Agency Findings 

The regulations adopted herein will 

not have substantial direct effects on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among various levels of 

government. Therefore, it is determined 

that this final rule does not have 

federalism implications under Executive 

Order 13132. 

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. 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 modifies the Class E Airspace at 

Culpeper Regional Airport and Culpeper 

Memorial Hospital located in Culpeper, 

VA. 

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 

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 Federal Aviation 

Administration Order 7400.9R, Airspace 

Designations and Reporting Points, 

dated August 15, 2007, and effective 

September 15, 2007, is amended as 

follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

AEA VA E5 Culpeper, VA [Revised] 

Culpeper Regional Airport 

(Lat. 38°31′32′′ N., long. 77°51′35′′ W.) 

Nailr NDB 

(Lat. 38°27′16′′ N., long. 77°54′19′′ W.) 

Culpeper Memorial Hospital Heliport 

(Lat. 38°27′18′′ N., long. 78°00′49′′ W.) 

UDNEW WAYPOINT 

(Lat. 38°27′54′′ N., long. 78°01′07′′ W.) 

That airspace extending upward from 700 

feet above the surface of the Earth within a 

6.5-mile radius of Culpeper Regional Airport 

and within 8 miles either side of the 217° 

bearing from the Nailr NDB to 16 miles 


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60942 Federal Register / Vol. 73, No. 200 / Wednesday, October 15, 2008 / Rules and Regulations 

southwest of the NDB, and that airspace 

within a 6.0-mile radius of the UDNEW 

WAYPOINT that serves the Culpeper 

Memorial Hospital Heliport. 

* * * * * 

AEA VA E5 Pelham Lake, VA [Remove] 

* * * * * 

Issued in College Park, Georgia, on August 

26, 2008. 

Mark D. Ward, 

Manager, Operations Support Group, Eastern 

Service Center, Air Traffic Organization. 

[FR Doc. E8–22467 Filed 10–14–08; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

14 CFR Part 97 

[Docket No. 30632; Amdt. No. 3291] 

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 October 15, 

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 October 15, 

2008. 

ADDRESSES: Availability of matter 

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 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 Division, 

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, Code of Federal 

Regulations, Part 97 (14 CFR part 97) by 

amending the referenced SIAPs. The 

complete regulatory description of each 

SIAP is listed on the appropriate FAA 

Form 8260, as modified by the National 

Flight Data Center (FDC)/Permanent 

Notice to Airmen (P–NOTAM), and is 

incorporated by reference in the 

amendment under 5 U.S.C. 552(a), 1 

CFR part 51, and § 97.20 of Title 14 of 

the Code of Federal Regulations. 

The large number of SIAPs, their 

complex nature, and the need for a 

special format make their verbatim 

publication in the Federal Register 

expensive and impractical. Further, 

airmen do not use the regulatory text of 

the SIAPs, but refer to their graphic 

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 contained in FAA form 

documents is unnecessary. This 

amendment provides the affected CFR 

sections and specifies the types of SIAP 

and the corresponding effective dates. 

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 as amended in the 

transmittal. For safety and timeliness of 

change considerations, this amendment 

incorporates only specific changes 

contained for each SIAP as modified by 

FDC/P–NOTAMs. 

The SIAPs, as modified by FDC P– 

NOTAM, and contained in this 

amendment are based on the criteria 

contained in the U.S. Standard for 

Terminal Instrument Procedures 

(TERPS). In developing these changes to 

SIAPs, the TERPS criteria were applied 

only to specific conditions existing at 

the affected airports. All SIAP 

amendments in this rule have been 

previously issued by the FAA in a FDC 

NOTAM as an emergency action of 

immediate flight safety relating directly 

to published aeronautical charts. The 

circumstances which created the need 

for all these SIAP amendments requires 

making them effective in less than 30 

days. 

Because of the close and immediate 

relationship between these SIAPs and 

safety in air commerce, I find that notice 

and public procedure before adopting 

these SIAPs are impracticable and 

contrary to the public interest and, 

where applicable, that good cause exists 

for making these SIAPs effective in less 

than 30 days. 

Conclusion 

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. It, therefore—(1) is not a 

‘‘significant regulatory action’’ under 

DOT Regulatory 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. For the same 

reason, the FAA certifies that this 

amendment will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

List of Subjects in 14 CFR Part 97 

Air traffic control, Airports, 

Incorporation by reference, and 

Navigation (Air). 


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