E9-6731. Operations in Controlled Airspace Designated for an Airport

AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule; technical amendment.

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 [phone]; e-mail [e-mail].

SUPPLEMENTARY INFORMATION:

Background

On December 17, 1991 (56 FR 65664), an amendment created § 137.43, Operations in controlled airspace designated for an airport. Paragraph (c) of this section contains a reference to paragraph (a)(2) of § 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 controlled airspace designated for airports. However, a final rule published on December 5, 1995 (58 FR 51968) revised § 91.157. That revision removed paragraph (a)(2) and placed the information in paragraph (b)(4). As a result, the cross-reference in § 137.43 became inaccurate. This final rule revises the cross-reference in § 137.43(c) so that it correctly refers to § 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This technical amendment merely revises an out-of-date cross-reference.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

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

PART 137—AGRICULTURAL AIRCRAFT OPERATIONS

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

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

§ 137.43

[Amended]

2. Amend § 137.43(c) by removing the reference “§ 91.157(a)(2)” and adding in its place the reference “§ 91.157(b)(4)”.

Issued in Washington, DC on March 13, 2009.

Pamela Hamilton-Powell,

Director, Office of Rulemaking.