Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Rules and Regulations 29939 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–0326; Airspace 

Docket 09–ASO–15] 

Establishment of Class D and Class E 

Airspace, Modification of Class E 

Airspace; Ocala, FL 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule, request for 

comments. 

SUMMARY: This action establishes Class 

D airspace and Class E surface airspace 

as an extension of the Class D airspace 

and modifies the existing Class E 

airspace that extends upwards from 700 

feet above the surface of the Earth (E5) 

at Ocala International Airport—Jim 

Taylor Field in Ocala, FL. A new 

Federal Contract Air Traffic Control 

Tower is being built and the current 

Instrument Approach Procedures at 

Ocala International Airport—Jim Taylor 

Field are being amended. It is 

regulatory, therefore, that Class D and 

Class E surface airspace be established, 

and the existing Class E5 airspace be 

modified. This rule increases the safety 

and management of the National 

Airspace System (NAS) around Ocala 

International Airport—Jim Taylor Field. 

DATES: Effective 0901 UTC, August 27, 

2009. Comments should be received no 

later than July 24, 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. 

ADDRESSES: Send comments on this rule 

to: U.S. Department of Transportation, 

Docket Operations, West Building, 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590–0001; Telephone: 1–800– 

647–5527; Fax: 202–493–2251. You 

must identify the Docket Number FAA– 

2009–0326; Airspace Docket No. 09– 

ASO–015, 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: 

Melinda Giddens, Operations Support, 

Eastern Service Center, Federal Aviation 

Administration, P.O. Box 20636, 

Atlanta, Georgia 30320; telephone (404) 

305–5610. 

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. 

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, 

the regulation will become effective on 

the date specified above. After the close 

of the comment period, the FAA will 

publish a document in the Federal 

Register indicating that no adverse or 

negative comments were received and 

confirming the effective date. 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 

also be accessed through the FAA’s Web 

page at http://www.faa.gov/airports_

airtraffic/air_traffic/publications/

airspace_amendments/. 

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–2009–0326; Airspace 

Docket No. 09–ASO–015.’’ The postcard 

will be date stamped and returned to the 

commenter. 

The Rule 

This amendment to Title 14 of the 

Code of Federal Regulations (14 CFR) 

part 71 establishes Class D airspace and 

Class E surface airspace as an extension 

to Class D (E4) within a 4.4-mile radius 

plus minor extensions at the Ocala 

International Airport—Jim Taylor Field. 

To support Instrument Flight Rules 

operations at the airport, this rule also 

modifies the existing Class E5 airspace 

(airspace designated as beginning 700 

feet or more above the surface of the 

Earth). This amendment also notes a 

name change from Ocala Municipal to 

Ocala International Airport—Jim Taylor 

Field. 

Class D and Class E airspace 

designations are published in Paragraph 

5000, 6004 and 6005 respectively, of 

FAA Order 7400.9S, dated October 3, 

2008, and effective October 31, 2008, 

which is incorporated by reference in 14 

CFR 71.1. The Class D and Class E 

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 

29940 Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Rules and Regulations 

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 D and Class E 

airspace at Ocala International Airport— 

Jim Taylor Field in Ocala, FL. 

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 7400.9S, Airspace 

Designations and Reporting Points, 

dated October 3, 2008, and effective 

October 31, 2008, is amended as 

follows: 

Paragraph 5000 Class D Airspace. 

* * * * * 

ASO FL D OCALA, FL [NEW] 

Ocala International Airport—Jim Taylor 

Field, Ocala, FL 

(Lat. 29°10′21′′ N, long. 082°13′27′′ W) 

That airspace extending upward from the 

surface of the Earth to and including 1,500 

feet MSL within a 4.4-mile radius of the 

Ocala International Airport—Jim Taylor 

Field. This Class D airspace area is effective 

during the specific days and times 

established in advance by a Notice to 

Airmen. The effective dates and times will 

thereafter be continuously published in the 

Airport/Facility Directory. 

* * * * * 

Paragraph 6004 Class E Airspace Areas 

Designated as an Extension to a Class D 

Surface Area. 

* * * * * 

ASO FL E4 OCALA, FL [NEW] 

Ocala International Airport—Jim Taylor 

Field, Ocala, FL 

(Lat. 29°10′21′′ N, long. 082°13′27′′ W) 

That airspace extending upward from the 

surface of the Earth within 2.4 miles each 

side of the 174° radial from the airport from 

4.4 miles to 7.9 miles southeast of the airport. 

This Class E Surface airspace area is effective 

during the specific days and times 

established in advance by a Notice to 

Airmen. The effective dates and times will 

thereafter be continuously published in the 

Airport/Facility Directory. 

* * * * * 

Paragraph 6005 Class E Airspace Areas 

Extending Upward from 700 feet or More 

Above the Surface of the Earth. 

* * * * * 

ASO FL E5 OCALA, FL [REVISED] 

Ocala International Airport—Jim Taylor 

Field, Ocala, FL 

(Lat. 29°10′21′′ N, long. 082°13′27′′ W) 

That airspace extending upward from 700 

feet above the surface within a 7.9-mile 

radius of Ocala International Airport—Jim 

Taylor Field. 

* * * * * 

Issued in College Park, Georgia, on June 9, 

2009. 

Signed by: 

Barry A. Knight, 

Manager, Operations Support Group, Eastern 

Service Center, Air Traffic Organization. 

[FR Doc. E9–14821 Filed 6–23–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF JUSTICE 

Parole Commission 

28 CFR Part 2 

Paroling, Recommitting, and 

Supervising Federal Prisoners: 

Prisoners Serving Sentences Under 

the United States and District of 

Columbia Codes; Correction 

AGENCY: United States Parole 

Commission, Department of Justice. 

ACTION: Interim rule; correction. 

SUMMARY: On June 17, 2009, the U.S. 

Parole Commission published an 

interim rule with request for comments. 

The effective date for the rule was 

inadvertently omitted from the 

document. This correction establishes 

June 17, 2009, as the effective date of 

the interim rule. Comments continue to 

be accepted until August 31, 2009. The 

Parole Commission also is taking this 

opportunity to make some technical 

corrections to the rule. 

DATES: Effective Date: The interim rule 

published June 17, 2009 (74 FR 28602) 

is effective June 17, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Rockne Chickinell, Office of the General 

Counsel, U.S. Parole Commission, 5550 

Friendship Boulevard, Chevy Chase, 

Maryland 20815, telephone (301) 492– 

5959. 

SUPPLEMENTARY INFORMATION: In rule FR 

Doc. 2009–14157 published on June 17, 

2009 (74 FR 28602), make the following 

corrections: 

■ 1. On page 28602, in the third column, 

after DATES:, add the phrase ‘‘This 

interim rule is effective June 17, 2009.’’ 

§ 2.43 [Corrected] 

■ 2. On page 28604, in the third column, 

the paragraph designations ‘‘(A)’’ and 

‘‘(B)’’ under paragraph (g)(1) are 

corrected to read ‘‘(i)’’ and ‘‘(ii)’’, 

respectively. 

§ 2.65 [Corrected] 

■ 3. On page 28605, in the first column 

in § 2.65(i), in the third and fourth lines, 

the words ‘‘these regulations’’ are 

revised to read ‘‘this part’’. 

§ 2.95 [Corrected] 

■ 4. On page 28605, in the second 

column, the paragraph designations 

‘‘(A)’’ and ‘‘(B)’’ under paragraph (e)(1) 

are corrected to read ‘‘(i)’’ and ‘‘(ii)’’, 

respectively. 

§ 2.96 [Corrected] 

■ 5. On page 28605, in the third column, 

in amendatory instruction 9, after the