33140 Federal Register / Vol. 74, No. 131 / Friday, July 10, 2009 / Rules and Regulations 

1USDA/National Agricultural Statistics Service 

(NASS), Cattle, released January 30, 2009. 

2USDA/NASS, Meat Animal Production, 

Disposition, and Income: 2007 Summary, April 

2008. 

3 Dennis A Shields and Kenneth H Mathews, 

Interstate Livestock Movements, USDA/Economic 

Research Service (ERS), LDP–M–108–01, June 2003 

(http://www.ers.usda.gov/publications/ldp/jun03/ 

ldpm10801/ldpm10801.pdf), and http:// 

www.ers.usda.gov/Data/ 

InterstateLivestockMovements/StateShipments.xls. 

4We base this estimate on Montana’s 2007 cattle 

inventory. The total cattle inventories in 2001 and 

2007 were 2,550,000 and 2,589,679, respectively. 

The calculated values were obtained as follows: (1) 

$6.2 million (= 818,146/ 

2,550,000*2,589,679*$7.5=$6,231,575) and (2) 

$12.5 million (=818,146/ 

2,550,000*2,589,679*$15=$12,463,150). Cattle 

numbers are from USDA/NASS, Cattle, released on 

February 1, 2002 (http://usda.mannlib.cornell.edu/ 

usda/nass/Catt/2000s/2002/Catt-02-01-2002.pdf) 

and USDA/NASS, 2007 Census of Agriculture. 

5Based upon 2007 Census of Agriculture—State 

Data and the ‘‘Small Business Size Standards by 

NAICS Industry,’’ Code of Federal Regulations, 

Title 13, Chapter I. 

the Administrator has determined that 

prior notice and opportunity for public 

comment are contrary to the public 

interest and that there is good cause 

under 5 U.S.C. 553 for making this 

action effective less than 30 days after 

publication in the Federal Register. 

We will consider comments we 

receive during the comment period for 

this interim rule (see DATES above). 

After the comment period closes, we 

will publish another document in the 

Federal Register. The document will 

include a discussion of any comments 

we receive and any amendments we are 

making to the rule. 

Executive Order 12866 and Regulatory 

Flexibility Act 

This rule has been reviewed under 

Executive Order 12866. For this action, 

the Office of Management and Budget 

has waived its review under Executive 

Order 12866. 

Brucellosis is a contagious, costly 

disease of ruminant and other animals 

that can also affect humans. It is mainly 

a threat to cattle, bison, and swine. The 

disease causes decreased milk 

production, weight loss in animals, loss 

of young, infertility, and lameness. 

There is no known effective treatment. 

Depopulation of infected and exposed 

animals is the only effective means of 

disease containment and eradication. 

The State of Montana has met all the 

requirements for obtaining Class Free 

status as outlined in the definition of 

‘‘Class Free State or area’’ in § 78.1 of 

the regulations. This interim rule 

upgrades the brucellosis status of 

Montana from Class A to Class Free. 

Cattle and bison that are to be moved 

interstate from Class A States, except 

those moving directly to slaughter or to 

quarantined feedlots, must be tested 

before they are eligible for movement. 

Attaining Class Free status allows 

producers in Montana to forgo the cost 

of this testing. 

Brucellosis testing, including 

veterinary fees and handling expenses, 

costs between $7.50 and $15 per test. 

The expenses eliminated as a result of 

this reclassification in status will not be 

significant for cattle owners in Montana. 

In 2007, there were 11,526 cattle and 

calf operations in Montana, with total 

sales of 1.84 million head of cattle.1 The 

average per-head value in Montana was 

$1,050 in 2007.2 Thus, the cost of 

testing would represent between 0.7 and 

1.4 percent of the average value of the 

animal sold. 

In 2001, 818,146 cattle moved 

interstate from Montana, excluding 

cattle moved directly to slaughter.3

Assuming the current proportion of 

cattle moved interstate from Montana is 

similar to that in 2001, the overall 

annual cost for Montana cattle 

operations for brucellosis testing 

required under Class A classification is 

estimated to range between $6 million 

and $12 million.4 These costs will not 

be borne with promulgation of this rule. 

The Small Business Administration 

has established guidelines for 

determining whether an enterprise is 

considered small under the Regulatory 

Flexibility Act. An enterprise producing 

cattle and calves (North American 

Industry Classification System [NAICS] 

code 112111) is considered small if it 

has annual receipts of $750,000 or less. 

There were 11,526 farms with sales of 

cattle and calves in Montana in 2007. 

Over 98 percent of these farms had 

annual receipts not exceeding 

$750,000.5

We expect that the majority of cattle 

and calves operations that will be 

affected by the interim rule are small 

entities. The interim rule will benefit 

producers that sell cattle and calves out 

of State for breeding and feeding 

purposes. However, the savings from the 

forgone testing will be very small, 

estimated to be between 0.7 percent and 

1.4 percent of the value of the animals 

sold. 

Under these circumstances, the 

Administrator of the Animal and Plant 

Health Inspection Service has 

determined that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

Executive Order 12372 

This program/activity is listed in the 

Catalog of Federal Domestic Assistance 

under No. 10.025 and is subject to 

Executive Order 12372, which requires 

intergovernmental consultation with 

State and local officials. (See 7 CFR part 

3015, subpart V.) 

Executive Order 12988 

This interim rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. This rule: (1) Preempts 

all State and local laws and regulations 

that are in conflict with this rule; (2) has 

no retroactive effect; and (3) does not 

require administrative proceedings 

before parties may file suit in court 

challenging this rule. 

Paperwork Reduction Act 

This interim rule contains no 

information collection or recordkeeping 

requirements under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). 

List of Subjects in 9 CFR Part 78 

Animal diseases, Bison, Cattle, Hogs, 

Quarantine, Reporting and 

recordkeeping requirements, 

Transportation. 

■ Accordingly, we are amending 9 CFR 

part 78 as follows: 

PART 78—BRUCELLOSIS 

■ 1. The authority citation for part 78 

continues to read as follows: 

Authority: 7 U.S.C. 8301–8317; 7 CFR 

2.22, 2.80, and 371.4. 

§ 78.41 [Amended] 

■ 2. Section 78.41 is amended as 

follows: 

■ a. In paragraph (a), by adding the 

word ‘‘Montana,’’ after the word 

‘‘Missouri,’’. 

■ b. In paragraph (b), by removing the 

word ‘‘Montana’’ and adding the word 

‘‘None’’ in its place. 

Done in Washington, DC, this 6th day of 

July 2009. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. E9–16336 Filed 7–9–09; 8:45 am] 

BILLING CODE 3410–34–P 

FEDERAL ELECTION COMMISSION 

11 CFR Part 111 

[Notice 2009–12] 

Procedural Rules for Audit Hearings 

AGENCY: Federal Election Commission. 

ACTION: Rule of Agency Procedure. 

SUMMARY: The Federal Election 

Commission (‘‘Commission’’) is 


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Federal Register / Vol. 74, No. 131 / Friday, July 10, 2009 / Rules and Regulations 33141 

1Pursuant to the Commission’s regulations, the 

Audit Division prepares ‘‘interim’’ audit reports in 

Title 2 matters and ‘‘preliminary’’ audit reports in 

Title 26 matters. 

instituting a program that provides 

committees that are audited pursuant to 

the Federal Election Campaign Act of 

1971, as amended (‘‘FECA’’) with the 

opportunity to have a hearing before the 

Commission prior to the Commission’s 

adoption of a Final Audit Report. 

Similar to the Commission’s current 

program for hearings at the probable 

cause stage of the enforcement process, 

audit hearings will provide audited 

committees with the opportunity to 

present oral arguments to the 

Commission directly and give the 

Commission an opportunity to ask 

relevant questions prior to adopting a 

Final Audit Report. Further information 

about the procedures for the audit 

program is provided in the 

supplementary information that follows. 

DATES: Effective July 27, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Joseph F. Stoltz, Assistant Staff Director, 

Audit Division, 999 E Street, NW., 

Washington, DC 20463, (202) 694–1650 

or (800) 424–9530. 

SUPPLEMENTARY INFORMATION: The 

Commission is instituting a program to 

afford committees that are the subject of 

a Commission audit the opportunity to 

participate in hearings (generally 

through counsel) and present oral 

arguments directly to the 

Commissioners prior to any 

Commission adoption of an audit report 

that includes findings that assert a 

potential violation of law. 

I. Background 

On June 11, 2003, the Commission 

held a hearing concerning its 

enforcement procedures. The 

Commission received comments from 

the public, many of which argued for 

increased transparency in Commission 

procedures and expanded opportunities 

to contest allegations. Comments and 

statements for the record are available 

at: http://www.fec.gov/agenda/ 

agendas2003/notice2003–09/ 

comments.shtml. In response to issues 

raised at the hearing, the Commission 

issued new rules of agency procedure. 

See Statement of Policy Regarding 

Deposition Transcripts in Nonpublic 

Investigations, 68 FR 50688 (Aug. 22, 

2003); Statement of Policy Regarding 

Treasurers Subject to Enforcement 

Proceedings, 70 FR 3 (Jan. 3, 2005). 

On December 8, 2006, the 

Commission published a proposal for a 

pilot program for probable cause 

hearings, and sought comments from the 

public. See Proposed Policy Statement 

Establishing Pilot Program for Probable 

Cause Hearings, 71 FR 71088 (Dec. 8, 

2006). The comment period on the 

proposed policy statement closed on 

January 5, 2007. The Commission 

received four comments, all of which 

endorsed the proposed pilot program for 

probable cause hearings. These 

comments are available at: http:// 

www.fec.gov/law/policy.shtml#proposed 

under the heading ‘‘Pilot Program for 

Probable Cause Hearings.’’ 

On February 8, 2007, the Commission 

decided by a vote of 6–0 to institute the 

pilot program. The program went into 

effect on February 16, 2007. The pilot 

program was designed to remain in 

effect for at least eight months, after 

which time a vote would be scheduled 

on whether the program should 

continue. The Commission found that 

the pilot program had been successful 

and the Commission announced that the 

program would become permanent. See 

Procedural Rules for Probable Cause 

Hearings, 72 FR 64919 (Nov. 19, 2007). 

On December 8, 2008, the 

Commission issued a notice of public 

hearing and request for public comment 

on its compliance and enforcement 

processes. Agency Procedures (Notice of 

Public Hearing and Request for Public 

Comments), 73 FR 74495 (Dec. 8, 2008). 

On January 14–15, 2009, the 

Commission received comment and 

testimony regarding procedures and 

processes that it uses to resolve cases. 

At that time, many commenters praised 

the probable cause hearing program and 

some requested that a similar procedure 

be adopted with respect to other 

Commission processes, including 

audits. The comments received by the 

Commission, as well as the transcript of 

the hearing are available at: http:// 

www.fec.gov/law/policy/enforcement/ 

publichearing011409.shtml. 

One of the questions specifically set 

forth in the Notice of public hearing and 

request for public comments was 

whether respondents should be given 

the opportunity to appear before the 

Commission at times such as when the 

Commission is considering audit reports 

that state violations of law. See 73 FR 

74495, 97. Several commenters 

supported providing an opportunity for 

committees being audited to be heard 

directly by the Commission before the 

Commission issues a Final Audit 

Report. Based upon its experience with 

the probable cause hearing program, and 

public comments regarding hearings 

during the audit process, the 

Commission is instituting a new rule of 

agency procedure to expand the 

Commission’s hearing procedures to 

include audits in which one or more 

findings assert a potential violation of 

law. 

II. Procedures for Audit Hearings 

A. Opportunity To Request a Hearing 

The Commission is issuing a new rule 

of agency procedure allowing a 

committee that is being audited by the 

Commission’s Audit Division to request 

a hearing prior to the Commission’s 

adoption of a Final Audit Report when 

the Audit Division staff’s draft Final 

Audit Report concludes that the 

committee violated FECA or 

Commission regulations. Currently, 

once the Audit Division completes its 

field work, it conducts an exit 

conference at which it presents its 

preliminary findings to the audited 

committee. Based upon the field work 

and the committee’s response at the exit 

conference, the Audit Division prepares 

an interim or preliminary audit report 

that, in certain situations, the 

Commission considers in executive 

session prior to the report being sent to 

the committee being audited.1 The 

committee then has the opportunity to 

respond in writing. The Audit Division 

then prepares a draft Final Audit Report 

for Commission consideration. If one or 

more Commissioners object to such 

report, the matter is discussed and 

decided in an open meeting of the 

Commission. 

While all written submissions 

provided during the audit process are 

considered by the Commission under 

current practice, the Commission 

wishes to provide those being audited 

with an opportunity to address the 

Commission directly and in person, 

before the Commission considers 

adopting any Audit Division findings 

that a violation of the Act or 

Commission regulations occurred. Upon 

preparing its draft Final Audit Report, 

which takes into consideration the 

committee’s exit conference discussion 

and response to the interim or 

preliminary audit report, the Audit 

Division will provide the audited 

committee with a copy of its draft Final 

Audit Report. In audits where the Audit 

Division recommends the Commission 

adopt findings that a violation of the Act 

or Commission regulations occurred, it 

shall attach a cover letter informing the 

committee of the opportunity to provide 

a written response and request an oral 

hearing before the Commission. 

Moreover, if the Office of General 

Counsel has provided any legal advice 

on the draft Final Audit Report, the 

Audit Division shall provide a copy of 

the Office of General Counsel’s legal 


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33142 Federal Register / Vol. 74, No. 131 / Friday, July 10, 2009 / Rules and Regulations 

memorandum to the committee. Within 

15 days after receiving the draft Final 

Audit Report and any corresponding 

legal memoranda, the audited 

committee may respond in writing, and 

include a written request for a hearing. 

Any request for a hearing must be in 

writing and filed with the committee’s 

response. Requestors who are unable to 

appear physically at a hearing may 

participate remotely, subject to the 

Commission’s technical capabilities. 

Requestors wishing to participate 

remotely are advised to notify the 

Commission Secretary when they 

submit their written request for a 

hearing. 

Hearings are voluntary, and the 

Commission will draw no adverse 

inference based on the committee’s 

request for, or waiver of, such a hearing. 

Each request for a hearing must state 

with specificity why the hearing is 

being requested and what issues the 

committee expects to address. Absent 

good cause, to be determined at the sole 

discretion of the Commission, late 

requests will not be accepted. 

Committees are responsible for ensuring 

that their requests are timely received. 

The Commissioners shall be notified of 

any such request within 5 days of 

receipt of the response. The 

Commission will grant a request for an 

oral hearing if any two Commissioners 

agree that a hearing would help resolve 

significant or novel legal enforcement 

issues or significant questions about the 

application of the law to the facts. The 

Commission will inform the committee 

whether the Commission is granting the 

committee’s request within 30 days of 

receipt of the request. 

B. Hearing Procedures 

The purpose of an oral hearing is to 

provide an audited committee with an 

opportunity to present their arguments 

in person to the Commissioners when 

the Audit Division staff’s draft alleges 

that the committee violated FECA or 

Commission regulations, but before the 

Commission adopts the Final Audit 

Report. Consistent with current 

Commission regulations, a committee 

may be represented by counsel, at the 

committee’s own expense, or may 

appear pro se at the oral hearing. See 11 

CFR 111.23. Committees (or their 

counsel) will have the opportunity to 

present their arguments. Commissioners 

will have the opportunity to pose 

questions to the audited committee, or 

their counsel, if represented. 

At the hearing, committees are 

expected to raise only issues that were 

identified in their hearing request. 

Similarly, absent extenuating 

circumstances, committees may not 

introduce any new documents at the 

hearing that were not previously 

provided to the Audit Division. 

Committees may discuss any issues 

presented in the Audit Division staff’s 

draft Final Audit Report, and the 

request for a hearing should include 

specific citations to any authorities 

(including prior Commission actions) on 

which the committee is relying or 

intends to cite at the hearing. If audited 

committees discover new information 

after submission of their response to the 

draft Final Audit Report or need to raise 

new arguments for similarly extenuating 

circumstances, they should notify the 

Commission as soon as possible prior to 

the hearing. Commissioners may ask 

questions on any matter related to the 

audit and committees are free to raise 

any germane new issues in response. 

Committees should notify the 

Secretary of the Commission at least one 

week prior to the scheduled date of the 

hearing if they intend to use charts, 

handouts, or audio-visual aids during 

their presentation to the Commission, to 

allow the Commission time to 

coordinate the handling of these 

arrangements with the court reporter 

and the Commission Secretary. 

When non-final audit matters include 

information entitled to exemption under 

the Sunshine Act, a hearing will occur 

in an executive session of the 

Commission, and only the committee 

and their counsel may attend. 

Attendance by any other parties must be 

approved by the Commission in 

advance. 

The Commission will determine the 

format and time allotted for each 

hearing at its discretion. Among the 

factors that the Commission may 

consider are agency time constraints, 

the complexity of the issues raised, and 

the extent of the Commission’s interest. 

The Commission will determine the 

amount of time allocated for each 

portion of the hearing; the time limit 

may vary from hearing to hearing. The 

Commission anticipates that most 

hearings will begin with a brief opening 

statement by the committee or its 

counsel. Thereafter, Commissioners will 

have the opportunity to pose questions 

to the audited committee, and 

Commissioners may ask questions 

designed to elicit clarification from the 

Office of General Counsel or Office of 

the Staff Director. The General Counsel 

and the Staff Director will have the 

opportunity to pose questions to the 

audited committee, or their counsel, if 

represented. Hearings will normally 

conclude with closing remarks from the 

committee or its counsel. 

Third-party witnesses may not be 

called to testify at an oral hearing. 

However, the Commission may request 

that the committee submit 

supplementary information or briefing 

after the hearing. The Commission 

discourages voluminous submissions. 

Supplementary information may be 

submitted only upon Commission 

request and no more than ten days after 

such a request from the Commission, 

unless the Commission’s request for 

information imposes a different, 

Commission-approved deadline. 

Materials requested by the Commission 

and materials considered by the 

Commission in making its 

determination may be made part of the 

public record. See Statement of Policy 

Regarding Disclosure of Closed 

Enforcement and Related Files, 68 FR 

70426 (Dec. 18, 2003). 

When the hearing is held in an 

executive session, the Commission will 

have transcripts made of the hearings. 

The transcript will become part of the 

record of the audit and may be relied 

upon for Commission determinations. 

Committees may be bound by any 

representations made by the committee 

or its counsel at the hearing. The 

Commission will make the transcripts 

available to the committee for 

inspection as soon as practicable after 

the hearing, and committees may 

purchase copies of the transcript. 

Transcripts may be made public after 

the matter is closed in accordance with 

Commission policies on disclosure. 

Additionally, the Committee’s response 

to the draft Final Audit Report will be 

placed on the public record as part of 

the file of the Final Audit Report. 

C. Scheduling of Hearings 

The Commission will seek to hold the 

hearing in a timely manner after 

receiving a committee’s request for a 

hearing. The Commission will attempt 

to schedule the hearing at a mutually 

accepted date and time. If a committee 

is unable to accommodate the 

Commission’s schedule, however, the 

Commission may decline to hold a 

hearing. The Commission reserves the 

right to reschedule any hearing. Where 

necessary, the Commission reserves the 

right to request from a committee an 

agreement tolling any upcoming 

deadline, including any statutory 

deadline or other deadline found in 11 

CFR part 111. 

D. Pilot Program 

The Commission shall evaluate this 

new program, and consider whether it 

should, by an affirmative four votes of 

the Commission, be discontinued or 

modified. After one calendar year, the 

program shall continue as a pilot 

program until such time that the 


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Federal Register / Vol. 74, No. 131 / Friday, July 10, 2009 / Rules and Regulations 33143 

Commission either terminates it by an 

affirmative four votes or makes it 

permanent by an affirmative four votes. 

E. Conclusion 

This notice establishes rules of agency 

practice or procedure. This notice does 

not constitute an agency regulation 

requiring notice of proposed 

rulemaking, opportunities for public 

comment, prior publication, and delay 

effective under 5 U.S.C. 553 of the 

Administrative Procedures Act 

(‘‘APA’’). The provisions of the 

Regulatory Flexibility Act, 5 U.S.C. 

605(b), which apply when notice and 

comment are required by the APA or 

another statute, are not applicable. 

Dated: July 7, 2009. 

On behalf of the Commission. 

Steven T. Walther, 

Chairman, Federal Election Commission. 

[FR Doc. E9–16422 Filed 7–9–09; 8:45 am] 

BILLING CODE 6715–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–0002; Airspace 

Docket No. 09–AWP–1] 

Establishment of Class E Airspace; 

Kona, HI 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action will establish 

Class E airspace at Kailua-Kona, HI. 

Additional controlled airspace is 

necessary to accommodate aircraft 

utilizing the Kona International Airport 

at Keahole, Kona, HI, when the Air 

Traffic Control Tower is nonoperational. The FAA is taking this 

action to enhance the safety and 

management of aircraft operations at 

Kona International Airport at Keahole, 

Kona, HI. 

DATES: Effective Date: 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: 

Eldon Taylor, Federal Aviation 

Administration, Operations Support 

Group, Western Service Center, 1601 

Lind Avenue, SW., Renton, WA 98057; 

telephone (425) 203–4537. 

SUPPLEMENTARY INFORMATION:

History 

On March 12, 2009, the FAA 

published in the Federal Register a 

notice of proposed rulemaking to 

establish additional controlled airspace 

at Kona, HI (74 FR 10691). 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 that 

Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) part 71 by 

establishing the Class E airspace at 

Kailua-Kona, HI. Additional controlled 

airspace designated as surface areas is 

necessary to accommodate aircraft 

operations at Kona International Airport 

at Keahole, Kona, HI, during specific 

dates and times established in advance 

by a Notice to Airmen, when the Air 

Traffic Control Tower is nonoperational. 

The FAA has determined 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 discusses 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 establishes 

additional controlled airspace at Kona 

International Airport at Keahole, Kona, 

HI. 

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 

October 31, 2008 is amended as follows: 

Paragraph 6002 Class E airspace 

Designated as Surface Areas. 

* * * * * 

AWP HI E2 Kailua-Kona, HI [New] 

Kona International Airport at Keahole, HI 

(Lat. 19°44′20′′ N., long. 156°02′44′′ W.) 

That airspace extending upward from the 

surface to and including 2,500 feet MSL 

within a 4.3-mile radius of Kona 

International Airport at Keahole. This Class 

E airspace area is effective during the specific 

dates and times established in advance by a 

Notice to Airmen. The effective date and time 

will thereafter be continuously published in 

the Airport/Facility Directory, Pacific Chart 

Supplement. 

* * * * * 

Issued in Seattle, Washington, on June 30, 

2009. 

H. Steve Karnes, 

Acting Manager, Operations Support Group, 

Western Service Center. 

[FR Doc. E9–16275 Filed 7–9–09; 8:45 am] 

BILLING CODE 4910–13–P 


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