
[Federal Register Volume 74, Number 127 (Monday, July 6, 2009)]
[Rules and Regulations]
[Pages 31843-31844]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-15696]


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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.

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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

0
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

0
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.


Sec.  71.1   [Amended]

0
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

[[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[deg]08'18'' N., long. 98[deg]56'31'' W.)
Devine RBN
    (Lat. 29[deg]08'18'' N., long. 98[deg]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[deg] 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[deg] 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]
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