Operations in Controlled Airspace Designated for an Airport

[Federal Register Volume 74, Number 57 (Thursday, March 26, 2009)] [Rules and Regulations] [Pages 13098-13099] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E9-6731]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 137

Operations in Controlled Airspace Designated for an Airport

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; technical amendment.

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SUMMARY: This final rule revises an incorrect cross-reference in the regulations regarding operations in controlled airspace designated for an airport. The current regulations cross-reference a particular paragraph that no longer exists. This final rule updates the cross- reference so that the reader will be able to find the appropriate weather minimum limitations on visual flight rules for aircraft in controlled airspace near airports.

DATES: Effective Date: This final rule is effective March 26, 2009.

FOR FURTHER INFORMATION CONTACT: Carl N. Johnson, Flight Standards Office, AFS-820, Federal Aviation Administration, 800 Independence Ave., SW., Washington, DC 20591; telephone (202) 493-5351; e-mail [email protected].

SUPPLEMENTARY INFORMATION:

Background

On December 17, 1991 (56 FR 65664), an amendment created Sec. 137.43, Operations in controlled airspace designated for an airport. Paragraph (c) of this section contains a reference to paragraph (a)(2) of Sec. 91.157, Special VFR weather minimums. The purpose of the cross-reference is to set out the exceptions for aircraft operating under special visual flight rules (VFR) in

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controlled airspace designated for airports. However, a final rule published on December 5, 1995 (58 FR 51968) revised Sec. 91.157. That revision removed paragraph (a)(2) and placed the information in paragraph (b)(4). As a result, the cross-reference in Sec. 137.43 became inaccurate. This final rule revises the cross-reference in Sec. 137.43(c) so that it correctly refers to Sec. 91.157(b)(4).

Technical Amendment

This technical amendment merely revises an out-of-date cross- reference. There are no other changes to the existing regulatory text.

Justification for Immediate Adoption

Because this action updates an inaccurate cross-reference, the FAA finds that notice and public comment under 5 U.S.C. section 553(b) is unnecessary. For the same reason, the FAA finds good cause exists under 5 U.S.C. section 553(d) for making this rule effective upon publication.

List of Subjects in 14 CFR Part 137

Agriculture, Aircraft, Aviation safety, Reporting and recordkeeping requirements.

The Amendment

0 In consideration of the forgoing, the FAA amends 14 CFR part 137 as follows:

PART 137--AGRICULTURAL AIRCRAFT OPERATIONS

0 1. The authority citation for part 137 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40113, 44701-44702.

Sec. 137.43 [Amended]

0 2. Amend Sec. 137.43(c) by removing the reference ``Sec. 91.157(a)(2)'' and adding in its place the reference ``Sec. 91.157(b)(4)''.

Issued in Washington, DC on March 13, 2009. Pamela Hamilton-Powell, Director, Office of Rulemaking. [FR Doc. E9-6731 Filed 3-25-09; 8:45 am] BILLING CODE 4910-13-P