[Federal Register Volume 74, Number 32 (Thursday, February 19, 2009)]
[Rules and Regulations]
[Pages 7645-7646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2990]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-1102; Airspace Docket No. 08-AGL-8]


Establishment of Class D Airspace; Branson, MO

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class D airspace at Branson Airport, 
Branson, MO. The establishment of an air traffic control tower has made 
this action necessary for the safety of Instrument Flight Rule (IFR) 
operations at the airport.

DATES: Effective Date: 0901 UTC, May 7, 2009. The Director of the 
Federal Register approves this incorporation by reference action under 
1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and 
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center, 
Operations Support Group, Federal Aviation Administration, Southwest 
Region, 2601 Meacham Blvd., Ft. Worth, TX 76193-0530; telephone (817) 
321-7716.

SUPPLEMENTARY INFORMATION:

History

    On November 20, 2008, the FAA published in the Federal Register a 
notice of proposed rulemaking to establish Class D airspace at Branson, 
MO (73 FR 70287, Docket No. FAA-2008-1102). Interested parties were 
invited to participate in this rulemaking effort by submitting written 
comments on the proposal to the FAA. No comments were received. Class D 
airspace designations are published in paragraph 5000 of FAA Order 
7400.9S signed October 3, 2008, and effective October 31, 2008, which 
is incorporated by reference in 14 CFR 71.1. The Class D airspace 
designations listed in this document will be published subsequently in 
that Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR) 
Part 71 by establishing Class D airspace for IFR operations at Branson 
Airport, Branson, MO, where a new control tower has been installed. The 
Class D airspace will revert to a Class E surface area during those 
periods when the control tower is not operating. This area would be 
depicted on appropriate aeronautical charts.
    The FAA has determined that this regulation only involves an 
established body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current. 
Therefore, this regulation: (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. Since this is a routine matter 
that will only affect air traffic procedures and air navigation, it is 
certified that this rule, when promulgated, will not have a significant 
economic impact on a substantial number of small entities under the 
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is 
found in Title 49 of the U.S. Code. Subtitle 1, Section 106, describes 
the authority of the FAA Administrator. Subtitle VII, Aviation 
Programs, describes in more detail the scope of the agency's authority. 
This rulemaking is promulgated under the authority described in 
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the 
FAA is charged with prescribing regulations to assign the use of 
airspace necessary to ensure the safety of aircraft and the efficient 
use of airspace. This regulation is within the scope of that authority 
as it establishes controlled airspace at Branson Airport, Branson, MO.

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 14 CFR 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.


Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of the Federal 
Aviation Administration Order 7400.9S, Airspace Designations and 
Reporting Points, signed October 3, 2008, and effective

[[Page 7646]]

October 31, 2008, is amended as follows:

Paragraph 5000 Class D Airspace.
* * * * *

ACE MO D Branson, MO [New]

Branson Airport, MO
    (Lat. 36[deg]31'55'' N., long. 93[deg]12'02'' W.)

    That airspace extending upward from the surface to and including 
3,800 feet MSL within a 4.1-mile radius of Branson Airport. This 
Class D airspace area is effective during the specific dates and 
times established in advance by a Notice to Airmen. The effective 
date and time will thereafter be continuously published in the 
Airport/Facility Directory.
* * * * *

Anthony D. Roetzel,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. E9-2990 Filed 2-18-09; 8:45 am]
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