[Federal Register Volume 60, Number 176 (Tuesday, September 12, 1995)]
[Rules and Regulations]
[Pages 47266-47267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22606]



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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

14 CFR Part 71

[Docket No. 28306; Amendment No. 71-26]


Airspace Designation; Incorporation By Reference

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends the Federal Aviation Regulations relating 
to airspace designations to reflect the approval by the Director of the 
Federal Register of the incorporation by reference of FAA Order 
7400.9C, Airspace Designations and Reporting Points. This action also 
explains the procedures the FAA will use to amend the listings of Class 
A, Class B, Class C, Class D, and Class E airspace areas and reporting 
points incorporated by reference.

EFFECTIVE DATE: These regulations are effective September 16, 1995, 
through September 15, 1996. The incorporation by reference of FAA Order 
7400.9C is approved by the Director of the Federal Register as of 
September 16, 1995, through September 15, 1996.

FOR FURTHER INFORMATION CONTACT: Brenda Brown, Airspace and Obstruction 
Evaluation Branch (ATP-240), Airspace-Rules and Aeronautical 
Information Division, Air Traffic Rules and Procedures Service, Federal 
Aviation Administration, 800 Independence Avenue, SW., Washington, DC 
20591; telephone: (202) 267-9235.

SUPPLEMENTARY INFORMATION:

History

    FAA Order 7400.9B, Airspace Designations and Reporting Points, 
dated July 18, 1994, and effective September 16, 1994, listed Class A, 
Class B, Class C, Class D, and Class E airspace areas and reporting 
points. Due 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 (FAR) section 
71.1 (14 CFR section 71.1). The Director of the Federal Register 
approved the incorporation by reference of FAA Order 7400.9B in section 
71.1, effective September 16, 1994, through September 15, 1995. During 
the incorporation by reference period, the FAA processed all proposed 
changes of the airspace listings in FAA Order 7400.9B 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 Airspace 
Designations and Reporting Points, Order 7400.9C. The Director of the 
Federal Register has approved the incorporation by reference of FAA 
Order 7400.9C in section 71.1, as of September 16, 1995, through 
September 15, 1996. 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 7400.9C.

The Rule

    This action amends part 71 of the Federal Aviation Regulations to 
reflect the approval by the Director of the Federal Register of the 
incorporation by reference of FAA Order 7400.9C effective September 16, 
1995, through September 15, 1996. During the incorporation by reference 
period, the FAA will continue to process all proposed changes of the 
airspace listings in FAA Order 7400.9C 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 

[[Page 47267]]
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 operating 
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.

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--[AMENDED]

    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; 14 CFR 11.69.

    2. Section 71.1 is revised to read as follows:


Sec. 71.1  Applicability.

    The complete listing for all Class A, Class B, Class C, Class D, 
and Class E airspace areas and for all reporting points can be found in 
FAA Order 7400.9C, Airspace Designations and Reporting Points, dated 
August 17, 1995. 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 
7400.9C is effective September 16, 1995, through September 15, 1996. 
During the incorporation by reference period, proposed changes to the 
listings of Class A, Class B, Class C, Class D, and Class E airspace 
areas and to reporting points will be published in full text as 
proposed rule documents in the Federal Register.
Amendments to the listings of Class A, Class B, Class C, Class D, and 
Class E airspace areas and to 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 7400.9C may be obtained from the Document Inspection Facility, 
APA-220, Federal Aviation Administration, 800 Independence Avenue, SW., 
Washington, DC 20591, (202) 267-3485. Copies of FAA Order 7400.9C may 
be inspected in Docket No. 28306 at the Federal Aviation 
Administration, Office of the Chief Counsel, AGC-200, Room 915G, 800 
Independence Avenue, SW., Washington, D.C. weekdays between 8:30 a.m. 
and 5:00 p.m., or at the Office of the Federal Register, 800 North 
Capitol Street, NW., Suite 700, Washington, DC. This section is 
effective September 16, 1995, through September 15, 1996.


Sec. 71.5  [Amended]

    3. Section 71.5 is amended by removing the words ``FAA Order 
7400.9B'' and adding, in their place, the words ``FAA Order 7400.9C.''


Sec. 71.31  [Amended]

    4. Section 71.31 is amended by removing the words ``FAA Order 
7400.9B'' and adding, in their place, the words ``FAA Order 7400.9C.''


Sec. 71.33  [Amended]

    5. Paragraph (c) of Sec. 71.33 is amended by removing the words 
``FAA Order 7400.9B'' and adding, in their place, the words ``FAA Order 
7400.9C.''


Sec. 71.41  [Amended]

    6. Section 71.41 is amended by removing the words ``FAA Order 
7400.9B'' and adding, in their place, the words ``FAA Order 7400.9C.''


Sec. 71.51  [Amended]

    7. Section 71.51 is amended by removing the words ``FAA Order 
7400.9B'' and adding, in their place, the words ``FAA Order 7400.9C.''


Sec. 71.61  [Amended]

    8. Section 71.61 is amended by removing the words ``FAA Order 
7400.9B'' and adding, in their place, the words ``FAA Order 7400.9C.''


Sec. 71.71  [Amended]

    9. Paragraphs (b), (c), (d), (e), and (f) of Sec. 71.71 are amended 
by removing the words ``FAA Order 7400.9B'' and adding, in their place, 
the words ``FAA Order 7400.9C.''


Sec. 71.79  [Amended]

    10. Section 71.79 is amended by removing the words ``FAA Order 
7400.9B'' and adding, in their place, the words ``FAA Order 7400.9C.''


Sec. 71.901  [Amended]

    11. Paragraph (a) of Sec. 71.901 is amended by removing the words 
``FAA Order 7400.9B'' and adding, in their place, the words ``FAA Order 
7400.9C.''

    Issued in Washington, DC, August 23, 1995.
Nancy B. Kalinowski,
Acting Manager, Airspace-Rules and Aeronautical Information Division.
[FR Doc. 95-22606 Filed 9-11-95; 8:45 am]
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