[Federal Register Volume 68, Number 180 (Wednesday, September 17, 2003)]
[Rules and Regulations]
[Pages 54328-54329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23768]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. 29334; Amendment No. 71-35]


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 (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 7400.9L 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.

EFFECTIVE DATE: These regulations are effective September 16, 2003. The 
incorporation by reference of FAA Order 7400.9L is approved by the 
Director of the Federal Register as of September 16, 2003, through 
September 15, 2004.

FOR FURTHER INFORMATION CONTACT: Christine Graves, 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 7400.9K, Airspace Designations and Reporting Points, 
dated September 2, 2002, and effective September 16, 2002, listed Class 
A, B, C, D, and 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 14 CFR 71.1 (14 CFR 71.1). The Director of the Federal Register 
approved the incorporation by reference of FAA Order 7400.9K in Sec.  
71.1, effective September 16, 2002, through September 15, 2003. During 
the incorporation by reference period, the FAA processed all proposed 
changes of the airspace listings in FAA Order 7400.9K 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

[[Page 54329]]

rule reflects the periodic integration of these final rule amendments 
into a revised edition of Airspace Designations and Reporting Points, 
Order 7400.9L. The Director of the Federal Register has approved the 
incorporation by reference of FAA Order 7400.9L in Sec.  71.1, as of 
September 16, 2003, through September 15, 2004. 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, and 71.901 are also updated to reflect the 
incorporation by reference of FAA Order 7400.9L.

The Rule

    This action amends 14 CFR part 71 to reflect the approval by the 
Director of the Federal Register of the incorporation by reference of 
FAA Order 7400.9L, effective September 16, 2003, through September 15, 
2004. During the incorporation by reference period, the FAA will 
continue to process 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 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

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.

    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 7400.9L, Airspace Designations and Reporting Points, dated 
September 2, 2003. 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 
7400.9L is effective September 16, 2003, through September 15, 2004. 
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 7400.9L 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 7400.9L may be inspected in Docket 
No. 29334 at the Federal Aviation Administration, Office of the Chief 
Counsel, AGC-200, Room 325, 800 Independence Avenue, SW., Washington, 
DC, weekdays between 8:30 a.m. and 5 p.m., or at the Office of the 
Federal Register, 800 North Capitol Street, NW., Suite 700, Washington, 
DC. This section is applicable September 16, 2003, through September 
15, 2004.


Sec.  71.5  [Amended]

0
3. Section 71.5 is amended by removing the words ``FAA Order 7400.9K'' 
and adding, in their place, the words ``FAA Order 7400.9L.''


Sec.  71.31  [Amended]

0
4. Section 71.31 is amended by removing the words ``FAA Order 7400.9K'' 
and adding, in their place, the words ``FAA Order 7400.9L.''


Sec.  71.33  [Amended]

0
5. Paragraph (c) of Sec.  71.33 is amended by removing the words ``FAA 
Order 7400.9K'' and adding, in their place, the words ``FAA Order 
7400.9L.''


Sec.  71.41  [Amended]

0
6. Section 71.41 is amended by removing the words ``FAA Order 7400.9K'' 
and adding, in their place, the words ``FAA Order 7400.9L.''


Sec.  71.51  [Amended]

0
7. Section 71.51 is amended by removing the words ``FAA Order 7400.9K'' 
and adding, in their place, the words ``FAA Order 7400.9L.''


Sec.  71.61  [Amended]

0
8. Section 71.61 is amended by removing the words ``FAA Order 7400.9K'' 
and adding, in their place, the words ``FAA Order 7400.9L.''


Sec.  71.71  [Amended]

0
9. Paragraphs (b), (c), (d), (e), and (f) of Section 71.71 are amended 
by removing the words ``FAA Order 7400.9K'' and adding, in their place, 
the words ``FAA Order 7400.9L.''


Sec.  71.901  [Amended]

0
10. Paragraph (a) of Section 71.901 is amended by removing the words 
``FAA Order 7400.9K'' and adding, in their place, the words ``FAA Order 
7400.9L.''

    Issued in Washington, DC, September 10, 2003.
Reginald C. Matthews,
Manager, Airspace and Rules Division.
[FR Doc. 03-23768 Filed 9-15-03; 8:45 am]
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