Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Transportation

###### Federal Aviation Administration

          - 14 CFR Part 71
          - [Docket No. FAA-2009-0089; Airspace Docket No. 09-ASW-4]

# 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

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                               ( print page 31844)                            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