This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

60939 

Vol. 73, No. 200 

Wednesday, October 15, 2008 

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 of FAA Order 7400.9S, 

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 October 31, 2008. The 

incorporation by reference of FAA 

Order 7400.9S is approved by the 

Director of the Federal Register as of 

October 31, 2008, through September 

15, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Sarah Combs, Airspace and Rules 

Group, Office of System Operations 

Airspace and AIM, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone: (202) 267–3571. 

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, effective 

September 15, 2007, through September 

15, 2008. During the incorporation by 

reference period, 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. On September 22, 

2008, the FAA published in the Federal 

Register a final rule extending the IBR 

approval of FAA Order 7400.9R in 

section 71.1, as of September 16, 2008 

until October 31, 2008 (73 FR 54494). 

This rule reflects the periodic 

integration of these final rule 

amendments into a revised edition of 

Order 7400.9S, Airspace Designations 

and Reporting Points. 

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 7400.9S, 

effective October 31, 2008, through 

September 15, 2009. During the 

incorporation by reference period, the 

FAA will continue to process all 

proposed changes of the airspace 

listings in FAA Order 7400.9S in full 

text as proposed rule documents in the 

Federal Register. 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 

Director of the Federal Register has 

approved the incorporation by reference 

of FAA Order 7400.9S in section 71.1, 

as of October 31, 2008, through 

September 15, 2009. 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 also 

updated to reflect the incorporation by 

reference of FAA Order 7400.9S. 

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 

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 revised 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 7400.9S, Airspace 

Designations and Reporting Points, 

dated October 3, 2008. 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 

7400.9S is effective October 31, 2008, 

through September 15, 2009. During the 

incorporation by reference period, 


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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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