[Federal Register Volume 69, Number 172 (Tuesday, September 7, 2004)]
[Rules and Regulations]
[Pages 54000-54002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19733]


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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.

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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]
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