[Federal Register: September 7, 2004 (Volume 69, Number 172)]
[Rules and Regulations]
[Page 54000-54002]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07se04-2]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. 29334; Amendment No. 71-36]
Airspace Designations; Incorporation by Reference
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action amends 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 7400.9M,
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 16,
2004, through September 15, 2005. The incorporation by reference of FAA
Order 7400.9M is approved by the Director of the Federal Register as of
September 16, 2004, through September 15, 2005.
FOR FURTHER INFORMATION CONTACT: Christine Graves, Airspace and Rules,
Office of System Operations and Safety, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone: (202) 267-8783.
SUPPLEMENTARY INFORMATION:
History
FAA Order 7400.9L, Airspace Designations and Reporting Points,
dated September 2, 2003, and effective September 16, 2003, listed Class
A, B, C, D and E airspace areas; air traffic service routes; and
reporting points. Due
[[Page 54001]]
to the length of these descriptions, the FAA requested approval from
the Office of the Federal Register to incorporate the material by
reference in the Federal Aviation Regulations section 71.1, effective
September 16, 2003, through September 15, 2004. During the
incorporation by reference period, the FAA processed all proposed
changes of the airspace listings in FAA Order 7400.9L 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 7400.9M,
Airspace Designations and Reporting Points. The Director of the Federal
Register has approved the incorporation by reference of FAA Order
7400.9M in section 71.1, as of September 16, 2004, through September
15, 2005. This rule also explains the procedures the FAA will use to
amend the airspace designations incorporated by reference in part 71.
Sections 71.5, 71.31, 71.33, 71.41, 71.51, 71.61, 71.71, 71.79, and
71.901 are also updated to reflect the incorporation by reference of
FAA Order 7400.9M.
The Rule
This action amends part 71 of the Federal Aviation Regulations (14
CFR part 71) to reflect the approval by the Director of the Federal
Register of the incorporation by reference of FAA Order 7400.9M,
effective September 16, 2004, through September 15, 2005. During the
incorporation by reference period, the FAA will continue to process all
proposed changes of the airspace listings in FAA Order 7400.9M 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, CLASS B, CLASS C, CLASS D, AND
CLASS 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.
The complete listing for all Class A, B, C, D, and E airspace
areas; air traffic service routes; and reporting points can be found in
FAA Order 7400.9M, Airspace Designations and Reporting Points, dated
August 30, 2004. 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
7400.9M is effective September 16, 2004, through September 15, 2005.
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 7400.9M may be obtained
from Airspace and Rules, Federal Aviation Administration, 800
Independence Avenue, SW., Washington, DC 20591, (202) 267-8783. Copies
of FAA Order 7400.9M may be inspected in Docket No. 29334 at the
Federal Aviation Administration, Office of the Chief Counsel, AGC-200,
Room 915G, 800 Independence Avenue, SW., Washington, DC, weekdays
between 8:30 a.m. and 5 p.m., or at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
This section is effective September 16, 2004, through September 15,
2005.
Sec. 71.5 [Amended]
0
3. Section 71.5 is amended by removing the words ``FAA Order 7400.9L''
and adding, in their place, the words ``FAA Order 7400.9M.''
Sec. 71.31 [Amended]
0
4. Section 71.31 is amended by removing the words ``FAA Order 7400.9L''
and adding, in their place, the words ``FAA Order 7400.9M.''
Sec. 71.33 [Amended]
0
5. Paragraph (c) of Sec. 71.33 is amended by removing the words ``FAA
Order 7400.9L'' and adding, in their place, the words ``FAA Order
7400.9M.''
Sec. 71.41 [Amended]
0
6. Section 71.41 is amended by removing the words ``FAA Order 7400.9L''
and adding, in their place, the words ``FAA Order 7400.9M.''
Sec. 71.51 [Amended]
0
7. Section 71.51 is amended by removing the words ``FAA Order 7400.9L''
and adding, in their place, the words ``FAA Order 7400.9M.''
Sec. 71.61 [Amended]
0
8. Section 71.61 is amended by removing the words ``FAA Order 7400.9L''
and adding, in their place, the words ``FAA Order 7400.9M.''
Sec. 71.71 [Amended]
0
9. Paragraph (b), (c), (d), (e), and (f) of Sec. 71.71 are amended by
removing the words ``FAA Order 7400.9L'' and adding, in their place,
the words ``FAA Order 7400.9M.''
Sec. 71.79 [Amended]
0
10. Section 71.79 is amended by removing the words ``FAA Order
7400.9L'' and adding, in their place, the words ``FAA Order 7400.9M.''
[[Page 54002]]
Sec. 71.901 [Amended]
0
11. Paragraph (a) of Sec. 71.901 is amended by removing the words
``FAA Order 7400.9L'' and adding, in their place, the words ``FAA Order
7400.9M.''
Issued in Washington, DC, on August 24, 2004.
Reginald C. Matthews,
Manager, Airspace and Rules.
[FR Doc. 04-19733 Filed 9-3-04; 8:45 am]
BILLING CODE 4910-13-P