Establishment of Class E Airspace; Tompkinsville, KY, 46890-46892 [E9-21833]

Download as PDF 46890 Federal Register / Vol. 74, No. 176 / Monday, September 14, 2009 / Rules and Regulations British Aerospace Jetstream Series 3100 and 3200 Alert Service Bulletin 32–A–JA090640, Revision 2, dated August 11, 2009, are installed. (2) If as a result of the inspection required in paragraph (f)(1) of this AD you find one of the affected P/N MLG radius rods installed on the airplane, before further flight, install one of the following MLG radius rods: (i) A serviceable MLG radius rod that is not in one of the following P/N ranges: 1847/D through 1847/N or 1862/D through 1862/N; or (ii) An affected P/N MLG radius rod that has already been inspected following APPH Ltd. Service Bulletin 1847–32–14 or 1862– 32–14, as applicable, both dated June 2009, and found to be serviceable. (3) As of October 5, 2009 (the effective date of this AD), do not install an affected part number MLG radius rod unless it has been inspected following APPH Ltd. Service Bulletin 1847–32–14 or 1862–32–14, as applicable, both dated June 2009, and found to be serviceable. Note 1: The inspection requirements of paragraph (f)(3) above apply to any replacement required per AD 2007–21–17. (4) Within 30 days after the inspection required in paragraph (f)(1) of this AD, send an Accomplishment (Inspection) Report to BAE Systems following the instructions in paragraph 2.C of British Aerospace Jetstream Series 3100 and 3200 Alert Service Bulletin 32–A–JA090640, Revision 2, dated August 11, 2009. Include the details of any radius rods removed. FAA AD Differences cprice-sewell on DSK2BSOYB1PROD with RULES Note 2: This AD differs from the MCAI and/or service information as follows: No differences. Other FAA AD Provisions (g) The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, Standards Office, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Taylor Martin, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329–4138; fax: (816) 329– 4090. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector (PI) in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO. (2) Airworthy Product: For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service. (3) Reporting Requirements: For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has approved the information collection VerDate Nov<24>2008 15:22 Sep 11, 2009 Jkt 217001 requirements and has assigned OMB Control Number 2120–0056. Special Flight Permit (h) Under 14 CFR 39.23, we are limiting special flight permits for the purpose of compliance with this AD under the following conditions: (1) Operate the airplane only with the MLG in the down and verified locked position throughout the entire flight; and (2) Coordinate additional flight restrictions with British Aerospace Regional Aircraft using the contact information provided in paragraph (j)(2) of this AD. Related Information (i) Refer to MCAI EASA Emergency AD No. 2009–0181–E, dated August 12, 2009; British Aerospace Jetstream Series 3100 and 3200 Alert Service Bulletin 32–A–JA090640, Revision 2, dated August 11, 2009 (includes an attached Accomplishment Report); and APPH Ltd. Service Bulletins 1847–32–14 and 1862–32–14, both dated June 2009, for related information. Material Incorporated by Reference (j) You must use British Aerospace Jetstream Series 3100 and 3200 Alert Service Bulletin 32–A–JA090640, Revision 2, dated August 11, 2009 (includes an attached Accomplishment Report); and APPH Ltd. Service Bulletins 1847–32–14 and 1862–32– 14, both dated June 2009, to do the actions required by this AD, unless the AD specifies otherwise. (1) The Director of the Federal Register approved the incorporation by reference of British Aerospace Jetstream Series 3100 and 3200 Alert Service Bulletin 32–A–JA090640, Revision 2, dated August 11, 2009 (includes an attached Accomplishment Report) under 5 U.S.C. 552(a) and 1 CFR part 51. (2) On June 26, 2009 (74 FR 29936, June 24, 2009), the Director of the Federal Register previously approved the incorporation by reference of APPH Ltd. Service Bulletins 1847–32–14 and 1862–32–14, both dated June 2009. (3) For service information identified in this AD, contact BAE Systems (Operations) Ltd., Customer Information Department, Prestwick International Airport, Ayrshire, KA9 2RW, Scotland, United Kingdom; telephone: +44 1292 675207; fax: +44 1292 675704; e-mail: RApublications@baesystems.com; Internet: https://www.baesystems.com/Capabilities/ Air/. (4) You may review copies of the service information incorporated by reference for this AD at the FAA, Central Region, Office of the Regional Counsel, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the Central Region, call (816) 329–3768. (5) You may also review copies of the service information incorporated by reference for this AD 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: https://www.archives.gov/federal_register/ code_of_federal_regulations/ ibr_locations.html. PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 Issued in Kansas City, Missouri on September 1, 2009. Kim Smith, Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E9–21741 Filed 9–11–09; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2009–0604; Airspace Docket No. 09–ASO–18] Establishment of Class E Airspace; Tompkinsville, KY AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Direct final rule; request for comments. SUMMARY: This action establishes Class E Airspace at Tompkinsville, KY. Airspace is needed to support new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures (SIAPs) that have been developed for TompkinsvilleMonroe County Airport. As a result, controlled airspace extending upward from 700 feet Above Ground Level (AGL) is needed to contain the SIAP and for Instrument Flight Rule (IFR) operations at the airport. The operating status of the airport will change from Visual Flight Rules (VFR) to include IFR operations concurrent with the publication of the SIAP. This action enhances the safety and airspace management of Tompkinsville-Monroe County Airport, Tompkinsville, KY. DATES: Effective 0901 UTC, December 17, 2009. The Director of the Federal Register approves this incorporation by reference action under Title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. Comments for inclusion in the Rules Docket must be received on or before October 29, 2009. ADDRESSES: Send comments on this rule to: U.S. Department of Transportation, Docket Operations, West Building Ground Floor, Room W12–140, 1200 New Jersey Ave., SE., Washington, DC 20590–0001; Telephone: 1–800–647– 5527; Fax: 202–493–2251. You must identify the Docket Number FAA–2009– 0604; Airspace Docket No. 09–ASO–18, at the beginning of your comments. You may also submit and review received comments through the Internet at https://www.regulations.gov. E:\FR\FM\14SER1.SGM 14SER1 Federal Register / Vol. 74, No. 176 / Monday, September 14, 2009 / Rules and Regulations You may review the public docket containing the rule, any comments received, and any final disposition in person in the Dockets Office (see ADDRESSES section for address and phone number) between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. An informal docket may also be examined during normal business hours at the office of the Eastern Service Center, Federal Aviation Administration, Room 210, 1701 Columbia Avenue, College Park, Georgia 30337. FOR FURTHER INFORMATION CONTACT: Melinda Giddens, Operations Support Group, Eastern Service Center, Federal Aviation Administration, P.O. Box 20636, Atlanta, Georgia 30320; telephone (404) 305–5610. SUPPLEMENTARY INFORMATION: The Direct Final Rule Procedure The FAA anticipates that this regulation will not result in adverse or negative comments, and, therefore, issues it as a direct final rule. The FAA has determined that this rule only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Unless a written adverse or negative comment or a written notice of intent to submit an adverse or negative comment is received within the comment period, the regulation will become effective on the date specified above. After the close of the comment period, the FAA will publish a document in the Federal Register indicating that no adverse or negative comments were received and confirming the effective date. If the FAA receives, within the comment period, an adverse or negative comment, or written notice of intent to submit such a comment, a document withdrawing the direct final rule will be published in the Federal Register, and a notice of proposed rulemaking may be published with a new comment period. publications/airspace_amendments. Communications should identify both docket numbers and be submitted in triplicate to the address specified under the caption ADDRESSES above or through the Web site. All communications received on or before the closing date for comments will be considered, and this rule may be amended or withdrawn in light of the comments received. Comments are specifically invited on the overall regulatory, economic, environmental, and energy aspects of the rule that might suggest a need to modify the rule. Factual information that supports the commenter’s idea and suggestions is extremely helpful in evaluating the effectiveness of this action and determining whether additional rulemaking action would be needed. All comments submitted will be available, both before and after the closing date for comments, in the Rules Docket for examination by interested persons. Those wishing the FAA to acknowledge receipt of their comments submitted in response to this rule must submit a self-addressed, stamped postcard on which the following statement is made: ‘‘Comments to Docket No. FAA–2009–0604; Airspace Docket No. 09–ASO–18.’’ The postcard will be date stamped and returned to the commenter. cprice-sewell on DSK2BSOYB1PROD with RULES Comments Invited The Rule This amendment to Title 14, Code of Federal Regulations (14 CFR) part 71 establishes Class E airspace at Tompkinsville, KY, to provide controlled airspace required to support the Approach Procedures (SIAPs) that have been developed for TompkinsvilleMonroe County Airport. Designations for Class E airspace areas extending upward from 700 feet or more above the surface of the Earth are published in FAA Order 7400.9S, dated October 3, 2008, and effective October 31, 2008, which is incorporated by reference in 14 CFR part 71.1. The Class E designations listed in this document will be published subsequently in the Order. Although this action is in the form of a direct final rule, and was not preceded by a notice of proposed rulemaking, interested persons are invited to comment on this rule by submitting such written data, views, or arguments as they may desire. An electronic copy of this document may be downloaded from and comments may be submitted and reviewed at https:// www.regulations.gov. Recently published rulemaking documents can also be accessed through the FAA’s Web page at https://www.faa.gov/ airports_airtraffic/air_traffic/ Agency Findings The regulations adopted herein will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among various levels of government. Therefore, it is determined that this direct final rule does not have federalism implications under Executive Order 13132. The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are VerDate Nov<24>2008 15:22 Sep 11, 2009 Jkt 217001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 46891 necessary to keep them operationally current. It, therefore, (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 United States Code. Subtitle I, 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 Class E airspace at Tompkinsville, KY. Lists 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—DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS 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. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9S, Airspace Designations and Reporting Points, signed October 3, 2008, effective October 31, 2008, is amended as follows: ■ E:\FR\FM\14SER1.SGM 14SER1 46892 Federal Register / Vol. 74, No. 176 / Monday, September 14, 2009 / Rules and Regulations Paragraph 6005 Class E airspace areas extending upward from 700 feet or more above the surface of the earth. * * * * * ASO KY E5 Tompkinsville, KY [NEW] Tompkinsville-Monroe County Airport, KY (Lat. 36°43′45″ N., long. 85°39′09″ W.) That airspace extending upward from 700 feet above the surface within a 6.4-mile radius of the Tompkinsville-Monroe County Airport. * * * * * Issued in College Park, Georgia, on August 17, 2009. Barry A. Knight, Manager, Operations Support Group, Eastern Service Center, Air Traffic Organization. [FR Doc. E9–21833 Filed 9–11–09; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2009–0705; Airspace Docket No. 09–ASO–25] Establishment of Class E Airspace; Hertford, NC cprice-sewell on DSK2BSOYB1PROD with RULES AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Direct final rule; request for comments. The Direct Final Rule Procedure SUMMARY: This action establishes Class E Airspace at Hertford, NC. Airspace is needed to support new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures (SIAPs) that have been developed for Harvey Point Defense Testing Activity. As a result, controlled airspace extending upward from 700 feet Above Ground Level (AGL) is needed to contain the SIAP and for Instrument Flight Rule (IFR) operations at the airport. The operating status of the airport will change from Visual flight Rules (VFR) to include IFR operations concurrent with the publication of the SIAP. This action enhances the safety and airspace management of Harvey Point Defense Testing Activity, Hertford, NC. DATES: Effective 0901 UTC, December 17, 2009. The Director of the Federal Register approves this incorporation by reference action under Title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. Comments for inclusion in the Rules Docket must be received on or before October 29, 2009. VerDate Nov<24>2008 15:22 Sep 11, 2009 Jkt 217001 Send comments on this rule to: U.S. Department of Transportation, Docket Operations, West Building Ground Floor, Room W12–140, 1200 New Jersey Ave., SE., Washington, DC 20590–0001; Telephone: 1–800–647– 5527; Fax: 202–493–2251. You must identify the Docket Number FAA–2009– 0705; Airspace Docket No. 09–ASO–25, at the beginning of your comments. You may also submit and review received comments through the Internet at https://www.regulations.gov. You may review the public docket containing the rule, any comments received, and any final disposition in person in the Dockets Office (see ADDRESSES section for address and phone number) between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. An informal docket may also be examined during normal business hours at the office of the Eastern Service Center, Federal Aviation Administration, Room 210, 1701 Columbia Avenue, College Park, Georgia 30337. FOR FURTHER INFORMATION CONTACT: Melinda Giddens, Operations Support Group, Eastern Service Center, Federal Aviation Administration, P.O. Box 20636, Atlanta, Georgia 30320; telephone (404) 305–5610. SUPPLEMENTARY INFORMATION: ADDRESSES: The FAA anticipates that this regulation will not result in adverse or negative comments, and, therefore, issues it as a direct final rule. The FAA has determined that this rule only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Unless a written adverse or negative comment or a written notice of intent to submit an adverse or negative comment is received within the comment period, the regulation will become effective on the date specified above. After the close of the comment period, the FAA will publish a document in the Federal Register indicating that no adverse or negative comments were received and confirming the effective date. If the FAA receives, within the comment period, an adverse or negative comment, or written notice of intent to submit such a comment, a document withdrawing the direct final rule will be published in the Federal Register, and a notice of proposed rulemaking may be published with a new comment period. Comments Invited Although this action is in the form of a direct final rule, and was not preceded PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 by a notice of proposed rulemaking, interested persons are invited to comment on this rule by submitting such written data, views, or arguments as they may desire. An electronic copy of this document may be downloaded from and comments may be submitted and reviewed at https:// www.regulations.gov. Recently published rulemaking documents can also be accessed through the FAA’s Web page at https://www.faa.gov/ airports_airtraffic/air_traffic/ publications/airspace_amendments. Communications should identify both docket numbers and be submitted in triplicate to the address specified under the caption ADDRESSES above or through the Web site. All communications received on or before the closing date for comments will be considered, and this rule may be amended or withdrawn in light of the comments received. Comments are specifically invited on the overall regulatory, economic, environmental, and energy aspects of the rule that might suggest a need to modify the rule. Factual information that supports the commenter’s idea and suggestions is extremely helpful in evaluating the effectiveness of this action and determining whether additional rulemaking action would be needed. All comments submitted will be available, both before and after the closing date for comments, in the Rules Docket for examination by interested persons. Those wishing the FAA to acknowledge receipt of their comments submitted in response to this rule must submit a self-addressed, stamped postcard on which the following statement is made: ‘‘Comments to Docket No. FAA–2009–0705; Airspace Docket No. 09–ASO–25.’’ The postcard will be date stamped and returned to the commenter. The Rule This amendment to Title 14, Code of Federal Regulations (14 CFR) part 71 establishes Class E airspace at Hertford, NC, to provide controlled airspace required to support the Approach Procedures (SIAPs) that have been developed for Harvey Point Defense Testing Activity. Designations for Class E airspace areas extending upward from 700 feet or more above the surface of the earth are published in FAA Order 7400.9S, dated October 3, 2008, and effective October 31, 2008, which is incorporated by reference in 14 CFR 71.1. The Class E designations listed in this document will be published subsequently in the Order. E:\FR\FM\14SER1.SGM 14SER1

Agencies

[Federal Register Volume 74, Number 176 (Monday, September 14, 2009)]
[Rules and Regulations]
[Pages 46890-46892]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-21833]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-0604; Airspace Docket No. 09-ASO-18]


Establishment of Class E Airspace; Tompkinsville, KY

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: This action establishes Class E Airspace at Tompkinsville, KY. 
Airspace is needed to support new Area Navigation (RNAV) Global 
Positioning System (GPS) Standard Instrument Approach Procedures 
(SIAPs) that have been developed for Tompkinsville-Monroe County 
Airport. As a result, controlled airspace extending upward from 700 
feet Above Ground Level (AGL) is needed to contain the SIAP and for 
Instrument Flight Rule (IFR) operations at the airport. The operating 
status of the airport will change from Visual Flight Rules (VFR) to 
include IFR operations concurrent with the publication of the SIAP. 
This action enhances the safety and airspace management of 
Tompkinsville-Monroe County Airport, Tompkinsville, KY.

DATES: Effective 0901 UTC, December 17, 2009. The Director of the 
Federal Register approves this incorporation by reference action under 
Title 1, Code of Federal Regulations, part 51, subject to the annual 
revision of FAA Order 7400.9 and publication of conforming amendments. 
Comments for inclusion in the Rules Docket must be received on or 
before October 29, 2009.

ADDRESSES: Send comments on this rule to: U.S. Department of 
Transportation, Docket Operations, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Ave., SE., Washington, DC 20590-0001; 
Telephone: 1-800-647-5527; Fax: 202-493-2251. You must identify the 
Docket Number FAA-2009-0604; Airspace Docket No. 09-ASO-18, at the 
beginning of your comments. You may also submit and review received 
comments through the Internet at https://www.regulations.gov.

[[Page 46891]]

    You may review the public docket containing the rule, any comments 
received, and any final disposition in person in the Dockets Office 
(see ADDRESSES section for address and phone number) between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. An informal 
docket may also be examined during normal business hours at the office 
of the Eastern Service Center, Federal Aviation Administration, Room 
210, 1701 Columbia Avenue, College Park, Georgia 30337.

FOR FURTHER INFORMATION CONTACT: Melinda Giddens, Operations Support 
Group, Eastern Service Center, Federal Aviation Administration, P.O. 
Box 20636, Atlanta, Georgia 30320; telephone (404) 305-5610.

SUPPLEMENTARY INFORMATION:

The Direct Final Rule Procedure

    The FAA anticipates that this regulation will not result in adverse 
or negative comments, and, therefore, issues it as a direct final rule. 
The FAA has determined that this rule only involves an established body 
of technical regulations for which frequent and routine amendments are 
necessary to keep them operationally current. Unless a written adverse 
or negative comment or a written notice of intent to submit an adverse 
or negative comment is received within the comment period, the 
regulation will become effective on the date specified above. After the 
close of the comment period, the FAA will publish a document in the 
Federal Register indicating that no adverse or negative comments were 
received and confirming the effective date. If the FAA receives, within 
the comment period, an adverse or negative comment, or written notice 
of intent to submit such a comment, a document withdrawing the direct 
final rule will be published in the Federal Register, and a notice of 
proposed rulemaking may be published with a new comment period.

Comments Invited

    Although this action is in the form of a direct final rule, and was 
not preceded by a notice of proposed rulemaking, interested persons are 
invited to comment on this rule by submitting such written data, views, 
or arguments as they may desire. An electronic copy of this document 
may be downloaded from and comments may be submitted and reviewed at 
https://www.regulations.gov. Recently published rulemaking documents can 
also be accessed through the FAA's Web page at https://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments. 
Communications should identify both docket numbers and be submitted in 
triplicate to the address specified under the caption ADDRESSES above 
or through the Web site. All communications received on or before the 
closing date for comments will be considered, and this rule may be 
amended or withdrawn in light of the comments received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. Factual information that supports 
the commenter's idea and suggestions is extremely helpful in evaluating 
the effectiveness of this action and determining whether additional 
rulemaking action would be needed. All comments submitted will be 
available, both before and after the closing date for comments, in the 
Rules Docket for examination by interested persons. Those wishing the 
FAA to acknowledge receipt of their comments submitted in response to 
this rule must submit a self-addressed, stamped postcard on which the 
following statement is made: ``Comments to Docket No. FAA-2009-0604; 
Airspace Docket No. 09-ASO-18.'' The postcard will be date stamped and 
returned to the commenter.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR) 
part 71 establishes Class E airspace at Tompkinsville, KY, to provide 
controlled airspace required to support the Approach Procedures (SIAPs) 
that have been developed for Tompkinsville-Monroe County Airport. 
Designations for Class E airspace areas extending upward from 700 feet 
or more above the surface of the Earth are published in FAA Order 
7400.9S, dated October 3, 2008, and effective October 31, 2008, which 
is incorporated by reference in 14 CFR part 71.1. The Class E 
designations listed in this document will be published subsequently in 
the Order.

Agency Findings

    The regulations adopted herein will not have substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among various levels of government. Therefore, it is 
determined that this direct final rule does not have federalism 
implications under Executive Order 13132.
    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. 
It, therefore, (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 United States Code. Subtitle I, 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 Class E airspace at Tompkinsville, KY.

Lists 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; AIRWAYS; 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.


Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation 
Administration Order 7400.9S, Airspace Designations and Reporting 
Points, signed October 3, 2008, effective October 31, 2008, is amended 
as follows:


[[Page 46892]]


Paragraph 6005 Class E airspace areas extending upward from 700 feet 
or more above the surface of the earth.
* * * * *

ASO KY E5 Tompkinsville, KY [NEW]

Tompkinsville-Monroe County Airport, KY
    (Lat. 36[deg]43'45'' N., long. 85[deg]39'09'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.4-mile radius of the Tompkinsville-Monroe County Airport.
* * * * *

    Issued in College Park, Georgia, on August 17, 2009.
Barry A. Knight,
Manager, Operations Support Group, Eastern Service Center, Air Traffic 
Organization.
[FR Doc. E9-21833 Filed 9-11-09; 8:45 am]
BILLING CODE 4910-13-P