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Operations in Controlled Airspace Designated for an Airport

---
identifier: "/us/fr/E9-6731"
source: "fr"
legal_status: "authoritative_unofficial"
title: "Operations in Controlled Airspace Designated for an Airport"
title_number: 0
title_name: "Federal Register"
section_number: "E9-6731"
section_name: "Operations in Controlled Airspace Designated for an Airport"
positive_law: false
currency: "2009-03-26"
last_updated: "2009-03-26"
format_version: "1.1.0"
generator: "[email protected]"
agency: "Transportation Department"
document_number: "E9-6731"
document_type: "rule"
publication_date: "2009-03-26"
agencies:
  - "Transportation Department"
  - "Federal Aviation Administration"
cfr_references:
  - "14 CFR Part 137"
fr_citation: "74 FR 13098"
fr_volume: 74
effective_date: "2009-03-26"
fr_action: "Final rule; technical amendment."
---

#  [Amended]

**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 (202) 493-5351; e-mail *[email protected]* .

**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.

**14 CFR Part 137**

**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

**14 CFR Part 137**

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.