Federal Register / Vol. 74, No. 127 / Monday, July 6, 2009 / Rules and Regulations 31843 

The Amendment 

■ In consideration of the foregoing, the 

FAA amends 14 CFR parts 1 and 101, 

as follows: 

PART 1—DEFINITIONS AND 

ABBREVIATIONS 

■ 1. The authority citation for part 1 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 1.1 [Amended] 

■ 2. Amend § 1.1 by correcting 

paragraph (2) of the definition of 

‘‘Amateur rocket’’ by removing the word 

‘‘statue’’ and adding the word ‘‘statute’’ 

in its place. 

PART 101—MOORED BALLOONS, 

KITES, UNMANNED ROCKETS AND 

UNMANNED FREE BALLOONS 

■ 3. The authority citation for part 101 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113– 

40114, 45302, 44502, 44514, 44701–44702, 

44721, 46308. 

§ 101.25 [Amended] 

■ 4. Amend § 101.25 by correcting 

paragraph (b)(5) by removing the 

number ‘‘8’’ and adding the number 

‘‘9.26’’ in its place and removing the 

word ‘‘statute’’ and adding the word 

‘‘nautical’’ in its place. 

§ 101.27 [Amended] 

■ 5. Amend § 101.27 by correcting 

paragraph (c) by removing the word 

‘‘statute’’ and adding the word 

‘‘nautical’’ in its place. 

§ 101.29 [Transferred] 

■ 6. Transfer § 101.29 from Subpart D 

into Subpart C of part 101. 

Issued in Washington, DC, on June 30, 

2009. 

Pamela Hamilton-Powell, 

Director, Office of Rulemaking. 

[FR Doc. E9–15821 Filed 7–2–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–0089; Airspace 

Docket No. 09–ASW–4] 

Amendment of Class E Airspace; 

Devine, TX 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Class E 

airspace at Devine, TX. Additional 

controlled airspace is necessary to 

accommodate Area Navigation (RNAV) 

Standard Instrument Approach 

Procedures (SIAP) at Devine Municipal 

Airport, Devine, TX. This action also 

corrects a typographical error in the 

legal description of the airport. The 

FAA is taking this action to enhance the 

safety and management of Instrument 

Flight Rule (IFR) operations at Devine 

Municipal Airport. 

DATES: 0901 UTC, October 22, 2009. The 

Director of the Federal Register 

approves this incorporation by reference 

action under 1 CFR Part 51, subject to 

the annual revision of FAA Order 

7400.9 and publication of conforming 

amendments. 

FOR FURTHER INFORMATION CONTACT: 

Scott Enander, Central Service Center, 

Operations Support Group, Federal 

Aviation Administration, Southwest 

Region, 2601 Meacham Blvd., Fort 

Worth, TX 76137; telephone (817) 321– 

7716. 

SUPPLEMENTARY INFORMATION: 

History 

On April 20, 2009, the FAA published 

in the Federal Register a NPRM to 

amend Class E airspace at Devine, TX, 

adding additional controlled airspace at 

Devine Municipal Airport, Devine, TX. 

(74 FR 17912, Docket No. FAA–2009– 

0089). Interested parties were invited to 

participate in this rulemaking effort by 

submitting written comments on the 

proposal to the FAA. No comments 

were received. This action also corrects 

a typographical error in the legal 

description, changing the 6.5-mile 

radius to a 6.3-mile radius. Class E 

airspace designations are published in 

paragraph 6005 of FAA Order 7400.9S 

signed October 3, 2008, and effective 

October 31, 2008, which is incorporated 

by reference in 14 CFR 71.1. The Class 

E airspace designations listed in this 

document will be published 

subsequently in the Order. With the 

exception of editorial changes, and the 

changes described above, this rule is the 

same as that proposed in the NPRM. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) Part 71 by 

amending Class E airspace at Devine, 

TX, adding additional controlled 

airspace extending upward from 700 

feet above the surface at Devine 

Municipal Airport, Devine, TX, for the 

safety and management of IFR 

operations. This action also changes the 

6.5-mile radius to a 6.3-mile radius in 

the legal description for Devine 

Municipal Airport. 

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. Therefore, this regulation: (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 U.S. Code. Subtitle 1, 

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 adds additional 

controlled airspace at Devine Municipal 

Airport, Devine, TX. 

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 14 CFR 

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 the Federal Aviation 

Administration Order 7400.9S, Airspace 

Designations and Reporting Points, 

signed October 3, 2008, and effective 


cprice-sewell on PROD1PC69 with RULES
31844 Federal Register / Vol. 74, No. 127 / Monday, July 6, 2009 / Rules and Regulations 

October 31, 2008, is amended as 

follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface. 

* * * * * 

ASW TX E5 Devine, TX [Amended] 

Devine Municipal Airport, TX 

(Lat. 29°08′18′′ N., long. 98°56′31′′ W.) 

Devine RBN 

(Lat. 29°08′18′′ N., long. 98°56′21′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.3-mile 

radius of Devine Municipal Airport and 

within 4 miles each side of the 173° bearing 

from the airport extending from the 6.3-mile 

radius to 10.5 miles south of the airport, and 

within 2.6 miles each side of the 183° bearing 

from the Devine RBN extending from the 6.3- 

mile radius to 16 miles south of the RBN. 

* * * * * 

Issued in Fort Worth, Texas, on June 24, 

2009. 

Roger M. Trevino, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. E9–15696 Filed 7–2–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–0188; Airspace 

Docket No. 09–AGL–5] 

Amendment of Class E Airspace; Port 

Clinton, OH 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Class E 

airspace at Port Clinton, OH. Additional 

controlled airspace is necessary to 

accommodate Area Navigation (RNAV) 

Standard Instrument Approach 

Procedures (SIAP) at Carl R. Keller Field 

Airport, Port Clinton, OH. The FAA is 

taking this action to enhance the safety 

and management of Instrument Flight 

Rule (IFR) operations at Carl R. Keller 

Field Airport. 

DATES: 0901 UTC, October 22, 2009. The 

Director of the Federal Register 

approves this incorporation by reference 

action under 1 CFR part 51, subject to 

the annual revision of FAA Order 

7400.9 and publication of conforming 

amendments. 

FOR FURTHER INFORMATION CONTACT: 

Scott Enander, Central Service Center, 

Operations Support Group, Federal 

Aviation Administration, Southwest 

Region, 2601 Meacham Blvd., Fort 

Worth, TX 76137; telephone (817) 321– 

7716. 

SUPPLEMENTARY INFORMATION: 

History 

On April 21, 2009, the FAA published 

in the Federal Register a notice of 

proposed rulemaking to amend Class E 

airspace at Port Clinton, OH, adding 

additional controlled airspace at Carl R. 

Keller Field Airport, Port Clinton, OH. 

(74 FR 18166, Docket No. FAA–2009– 

0188). Interested parties were invited to 

participate in this rulemaking effort by 

submitting written comments on the 

proposal to the FAA. No comments 

were received. Class E airspace 

designations are published in paragraph 

6005 of FAA Order 7400.9S signed 

October 3, 2008, and effective October 

31, 2008, which is incorporated by 

reference in 14 CFR Part 71.1. The Class 

E airspace designations listed in this 

document will be published 

subsequently in the Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) Part 71 by 

amending Class E airspace extending 

upward from 700 feet above the surface 

at Port Clinton, OH, adding additional 

controlled airspace at Carl R. Keller 

Field Airport, Port Clinton, OH, for the 

safety and management of IFR 

operations. 

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. Therefore, this regulation: (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 U.S. Code. Subtitle 1, 

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 adds additional 

controlled airspace at Carl R. Keller 

Field Airport, Port Clinton, OH. 

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 14 CFR 

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 Part 71.1 of the Federal Aviation 

Administration Order 7400.9S, Airspace 

Designations and Reporting Points, 

signed October 3, 2008, and effective 

October 31, 2008, is amended as 

follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface. 

* * * * * 

AGL OH E5 Port Clinton, OH [Amended] 

Port Clinton, Carl R. Keller Field Airport, OH 

(Lat. 41°30′59′′ N., long. 82°52′07′′ W.) 

Magruder Memorial Hospital, OH—Point in 

Space Coordinates 

(Lat. 41°29′43′′ N., long. 82°55′50′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 7-mile radius 

of Carl R. Keller Field Airport and within 4 

miles each side of the 083° bearing from the 

airport extending from the 7-mile radius to 

9.4 miles east of the airport and within a 6- 

mile radius of the Point in Space serving 

Magruder Memorial Hospital. 

* * * * * 

Issued in Fort Worth, Texas, on June 24, 

2009. 

Roger M. Trevino, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. E9–15697 Filed 7–2–09; 8:45 am] 

BILLING CODE 4910–13–P 


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