[Federal Register Volume 73, Number 200 (Wednesday, October 15, 2008)]
[Rules and Regulations]
[Pages 60939-60940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24086]



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

[[Page 60939]]



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 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

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 revised 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 7400.9S, 
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,

[[Page 60940]]

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.


Sec.  71.5  [Amended]

0
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.''


Sec.  71.15  [Amended]

0
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.''


Sec.  71.31  [Amended]

0
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.''


Sec.  71.33  [Amended]

0
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.''


Sec.  71.41  [Amended]

0
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.''


Sec.  71.51  [Amended]

0
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.''


Sec.  71.61  [Amended]

0
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.''


Sec.  71.71  [Amended]

0
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.''


Sec.  71.901  [Amended]

0
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]
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