[Federal Register Volume 61, Number 179 (Friday, September 13, 1996)]
[Rules and Regulations]
[Pages 48403-48404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23471]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. 28674; Amendment No. 71-28]


Airspace Designations; 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 
7400.9D, 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, 1996, 
through September 15, 1997. The incorporation by reference of FAA Order 
7400.9D is approved by the Director of the Federal Register as of 
September 16, 1996, through September 15, 1997.

FOR FURTHER INFORMATION CONTACT: Brenda Brown or Janet Glivings, 
Airspace and Rules Division (ATA-400), Office of Air Traffic Airspace 
Management, Federal Aviation Administration, 800 Independence Avenue, 
SW., Washington, DC 20591; telephone: (202) 267-8783.

SUPPLEMENTARY INFORMATION:

History

    FAA Order 7400.9C, Airspace Designations and Reporting Points, 
dated August 17, 1995, and effective September 16, 1995, 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 Sec. 71.1). The Director of the Federal Register approved 
the incorporation by reference of FAA Order 7400.9C in section 71.1, 
effective September 16, 1995, through September 15, 1996. During the 
incorporation by reference period, the FAA processed 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 were

[[Page 48404]]

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 7400.9D. The Director of the Federal Register has approved the 
incorporation by reference of FAA Order 7400.9D in Sec. 71.1, as of 
September 16, 1996, through September 15, 1997. 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 7400.9D.

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 7400.9D effective September 16, 
1996, through September 15, 1997. During the incorporation by reference 
period, the FAA will continue to process all proposed changes of the 
airspace listings in FAA Order 7400.9D 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 Sec. 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 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. 
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

    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 7400.9D, Airspace Designations and Reporting Points, dated 
September 4, 1996. 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 
7400.9D is effective September 16, 1996, through September 15, 1997. 
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 7400.9D may be obtained 
from the Airspace and Rules Division, ATA-400, Federal Aviation 
Administration, 800 Independence Avenue, SW., Washington, DC 20591, 
(202) 267-8783. Copies of FAA Order 7400.9D may be inspected in Docket 
No. 28674 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 5:00 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, 1996, through September 15, 
1997.


Sec. 71.5  [Amended]

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


Sec. 71.31  [Amended]

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


Sec. 71.33  [Amended]

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


Sec. 71.41  [Amended]

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


Sec. 71.51  [Amended]

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


Sec. 71.61  [Amended]

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


Sec. 71.71  [Amended]

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


Sec. 71.79  [Amended]

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


Sec. 71.901  [Amended]

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

    Issued in Washington, DC, September 4, 1996.
Harold W. Becker,
Acting Program Director for Air Traffic Airspace Management.
[FR Doc. 96-23471 Filed 9-12-96; 8:45 am]
BILLING CODE 4910-13-P