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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