
[Federal Register: September 10, 2009 (Volume 74, Number 174)]
[Rules and Regulations]               
[Page 46489-46490]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10se09-2]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. 29334; Amendment No. 71-41]

 
Airspace Designations; Incorporation by Reference

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Title 14 Code of Federal Regulations (14 
CFR) part 71 relating to airspace designations to reflect the approval 
by the Director of the Federal Register of the incorporation by 
reference of FAA Order 7400.9T, Airspace Designations and Reporting 
Points. This action also explains the procedures the FAA will use to 
amend the listings of Class A, B, C, D, and E airspace areas; air 
traffic service routes; and reporting points incorporated by reference.

DATES: Effective Date: These regulations are effective September 15, 
2009, through September 15, 2010. The incorporation by reference of FAA 
Order 7400.9T is approved by the Director of the Federal Register as of 
September 15, 2009, through September 15, 2010.

FOR FURTHER INFORMATION CONTACT: Tameka Bentley, Airspace and Rules 
Group, Office of System Operations Airspace and AIM, Federal Aviation 
Administration, 800 Independence Avenue, SW., Washington, DC 20591; 
telephone: (202) 267-8783.

SUPPLEMENTARY INFORMATION:

History

    FAA Order 7400.9S, Airspace Designations and Reporting Points, 
effective October 31, 2008, listed Class A, B, C, D and E airspace 
areas; air traffic service routes; and reporting points. Due to the 
length of these descriptions, the FAA requested approval from the 
Office of the Federal

[[Page 46490]]

Register to incorporate the material by reference in the Federal 
Aviation Regulations section 71.1, effective October 31, 2008, through 
September 15, 2009. During the incorporation by reference period, the 
FAA processed all proposed changes of the airspace listings in FAA 
Order 7400.9S in full text as proposed rule documents in the Federal 
Register. Likewise, all amendments of these listings were published in 
full text as final rules in the Federal Register. This rule reflects 
the periodic integration of these final rule amendments into a revised 
edition of Order 7400.9T, Airspace Designations and Reporting Points. 
The Director of the Federal Register has approved the incorporation by 
reference of FAA Order 7400.9T in section 71.1, as of September 15, 
2009, through September 15, 2010. This rule also explains the 
procedures the FAA will use to amend the airspace designations 
incorporated by reference in part 71. Sections 71.5, 71.15, 71.31, 
71.33, 71.41, 71.51, 71.61, 71.71, and 71.901 are also updated to 
reflect the incorporation by reference of FAA Order 7400.9T.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR) 
part 71 to reflect the approval by the Director of the Federal Register 
of the incorporation by reference of FAA Order 7400.9T, effective 
September 15, 2009, through September 15, 2010. During the 
incorporation by reference period, the FAA will continue to process all 
proposed changes of the airspace listings in FAA Order 7400.9T in full 
text as proposed rule documents in the Federal Register. Likewise, all 
amendments of these listings will be published in full text as final 
rules in the Federal Register. The FAA will periodically integrate all 
final rule amendments into a revised edition of the Order, and submit 
the revised edition to the Director of the Federal Register for 
approval for incorporation by reference in section 71.1.
    The FAA has determined that this action: (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. This 
action neither places any new restrictions or requirements on the 
public, nor changes the dimensions or operation requirements of the 
airspace listings incorporated by reference in part 71. Consequently, 
notice and public procedure under 5 U.S.C. 553(b) are unnecessary. 
Because this action will continue to update the changes to the airspace 
designations, which are depicted on aeronautical charts, and to avoid 
any unnecessary pilot confusion, I find that good cause exists, under 5 
U.S.C. 553(d), for making this amendment effective in less than 30 
days.

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 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.


0
2. Section 71.1 is revised to read as follows:


Sec.  71.1  Applicability.

    A listing for Class A, B, C, D, and E airspace areas; air traffic 
service routes; and reporting points can be found in FAA Order 7400.9T, 
Airspace Designations and Reporting Points, dated August 27, 2009. This 
incorporation by reference was approved by the Director of the Federal 
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The 
approval to incorporate by reference FAA Order 7400.9T is effective 
September 15, 2009, through September 15, 2010. During the 
incorporation by reference period, proposed changes to the listings of 
Class A, B, C, D, and E airspace areas; air traffic service routes; and 
reporting points will be published in full text as proposed rule 
documents in the Federal Register. Amendments to the listings of Class 
A, B, C, D, and E airspace areas; air traffic service routes; and 
reporting points will be published in full text as final rules in the 
Federal Register. Periodically, the final rule amendments will be 
integrated into a revised edition of the Order and submitted to the 
Director of the Federal Register for approval for incorporation by 
reference in this section. Copies of FAA Order 7400.9T may be obtained 
from Airspace and Rules Group, Federal Aviation Administration, 800 
Independence Avenue, SW., Washington, DC 20591, (202) 267-8783. An 
electronic version of the Order is available on the FAA Web site at 
http://www.faa.gov/air_traffic/publications. Copies of FAA Order 
7400.9T may be inspected in Docket No. 29334 on the Federal Register 
Web site at http://www.regulations.gov.


Sec.  71.5  [Amended]

0
3. Section 71.5 is amended by removing the words ``FAA Order 7400.9S'' 
and adding, in their place, the words ``FAA Order 7400.9T.''


Sec.  71.15  [Amended]

0
4. Section 71.15 is amended by removing the words ``FAA Order 7400.9S'' 
and adding, in their place, the words ``FAA Order 7400.9T.''


Sec.  71.31  [Amended]

0
5. Section 71.31 is amended by removing the words ``FAA Order 7400.9S'' 
and adding, in their place, the words ``FAA Order 7400.9T.''


Sec.  71.33  [Amended]

0
6. Paragraph (c) of section 71.33 is amended by removing the words 
``FAA Order 7400.9S'' and adding, in their place, the words ``FAA Order 
7400.9T.''


Sec.  71.41  [Amended]

0
7. Section 71.41 is amended by removing the words ``FAA Order 7400.9S'' 
and adding, in their place, the words ``FAA Order 7400.9T.''


Sec.  71.51  [Amended]

0
8. Section 71.51 is amended by removing the words ``FAA Order 7400.9S'' 
and adding, in their place, the words ``FAA Order 7400.9T.''


Sec.  71.61  [Amended]

0
9. Section 71.61 is amended by removing the words ``FAA Order 7400.9S'' 
and adding, in their place, the words ``FAA Order 7400.9T.''


Sec.  71.71  [Amended]

0
10. Paragraphs (b), (c), (d), (e), and (f) of section 71.71 are amended 
by removing the words ``FAA Order 7400.9S'' and adding, in their place, 
the words ``FAA Order 7400.9T.''


Sec.  71.901  [Amended]

0
11. Paragraph (a) of section 71.901 is amended by removing the words 
``FAA Order 7400.9S'' and adding, in their place, the words ``FAA Order 
7400.9T.''

    Issued in Washington, DC, on August 31, 2009.
Edith V. Parish,
Manager, Airspace and Rules Group.
[FR Doc. E9-21484 Filed 9-9-09; 8:45 am]

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