81_FR_53421 81 FR 53265 - Establishment of Class E Airspace; Harvey, ND

81 FR 53265 - Establishment of Class E Airspace; Harvey, ND

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 156 (August 12, 2016)

Page Range53265-53266
FR Document2016-19006

This action establishes Class E en route domestic airspace in the Harvey, ND, area for Harvey Municipal Airport. Controlled airspace is necessary to facilitate vectoring of Instrument Flight Rules (IFR) aircraft under control of Minneapolis Air Route Traffic Control Center (ARTCC). This action enhances the safety and efficiency of aircraft operations within the National Airspace System.

Federal Register, Volume 81 Issue 156 (Friday, August 12, 2016)
[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)]
[Rules and Regulations]
[Pages 53265-53266]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19006]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2016-5387; Airspace Docket No. 16-AGL-13]


Establishment of Class E Airspace; Harvey, ND

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class E en route domestic airspace in 
the Harvey, ND, area for Harvey Municipal Airport. Controlled airspace 
is necessary to facilitate vectoring of Instrument Flight Rules (IFR) 
aircraft under control of Minneapolis Air Route Traffic Control Center 
(ARTCC). This action enhances the safety and efficiency of aircraft 
operations within the National Airspace System.

DATES: Effective 0901 UTC, November 10, 2016. 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.

ADDRESSES: FAA Order 7400.9Z, Airspace Designations and Reporting 
Points, and subsequent amendments can be viewed on line at http://www.faa.gov/airtraffic/publications/. For further information, you can 
contact the Airspace Policy Group, Federal Aviation Administration, 800 
Independence Avenue SW., Washington, DC 20591; telephone: 202-267-8783. 
The Order is also available for inspection 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 http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.9, Airspace Designations and Reporting Points, is 
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Raul Garza, Jr., Central Service 
Center, Operations Support Group, Federal Aviation Administration, 
Southwest Region, 10101 Hillwood Parkway, Fort Worth, TX 76177; 
telephone: (817) 222-5874.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    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 controlled airspace at Harvey Municipal Airport, 
Harvey, ND.

History

    On May 6, 2016, the FAA published in the Federal Register a notice 
of proposed rulemaking (NPRM) to establish Class E Airspace in the 
Harvey, ND area. (81 FR 27357) Docket No. FAA-2016-5387. Interested 
parties were invited to participate in this rulemaking effort by 
submitting written comments on the proposal to the FAA. One comment in 
support of the proposal was received the National Business Aviation 
Association.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.9Z, airspace Designations and 
Reporting Points, dated August 6, 2015, and effective September 15, 
2015. FAA Order 7400.9Z is publicly available as listed in the 
ADDRESSES section of this document. FAA Order 7400.9Z lists Class A, B, 
C, D, and E airspace areas, air traffic service routes, and reporting 
points.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR) 
part 71 establishes Class E airspace extending upward from 1,200 feet 
above the surface within a 100-mile radius of Harvey Municipal Airport, 
Harvey, ND, to facilitate vectoring of IFR aircraft under control of 
Minneapolis ARTCC. Controlled airspace is needed for the safety and 
management of IFR operations in the National Airspace System.
    Class E airspace designations are published in Paragraph 6006 of 
FAA Order 7400.9Z, dated August 6, 2015, and effective September 15, 
2015, which is incorporated by reference in 14 CFR 71.1. The Class E 
airspace designations listed in this document will be published 
subsequently in the Order.

Regulatory Notices and Analyses

    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, is 
non-controversial and unlikely to result in adverse or negative 
comments. 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 only affects air traffic procedures and air navigation, it is 
certified that this rule, when promulgated, does not have a significant 
economic impact on a substantial number of small entities under the 
criteria of the Regulatory Flexibility Act.

[[Page 53266]]

Environmental Review

    The FAA has determined that this action qualifies for categorical 
exclusion under the National Environmental Policy Act in accordance 
with FAA Order 1050.1F, ``Environmental Impacts: Policies and 
Procedures,'' paragraph 5-6.5a. This airspace action is not expected to 
cause any potentially significant environmental impacts, and no 
extraordinary circumstances exists that warrant preparation of an 
environmental assessment.

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, B, C, D, AND E AIRSPACE AREAS; AIR 
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for Part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 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 FAA Order 7400.9Z, 
Airspace Designations and Reporting Points, dated August 6, 2015, 
effective September 15, 2015, is amended as follows:

Paragraph 6006 En Route Domestic Airspace Areas.

* * * * *

AGL ND E6 Harvey, ND [New]

Harvey Municipal Airport, ND
    (Lat. 47[deg]47'28'' N., long. 099[deg]55'54'' W.)

    That airspace extending upward from 1,200 feet above the surface 
within a 100-mile radius of Harvey Municipal Airport, excluding that 
airspace within Canada.

    Issued in Fort Worth, TX, on August 3, 2016.
Vonnie L. Royal,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2016-19006 Filed 8-11-16; 8:45 am]
 BILLING CODE 4910-13-P



                                                                 Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Rules and Regulations                                          53265

                                           that warrant preparation of an                             DATES:  Effective 0901 UTC, November                  rulemaking effort by submitting written
                                           environmental assessment.                                  10, 2016. The Director of the Federal                 comments on the proposal to the FAA.
                                                                                                      Register approves this incorporation by               One comment in support of the proposal
                                           List of Subjects in 14 CFR Part 71
                                                                                                      reference action under title 1, Code of               was received the National Business
                                             Airspace, Incorporation by reference,                    Federal Regulations, part 51, subject to              Aviation Association.
                                           Navigation (air).                                          the annual revision of FAA Order
                                                                                                      7400.9 and publication of conforming                  Availability and Summary of
                                           Adoption of the Amendment                                                                                        Documents for Incorporation by
                                                                                                      amendments.
                                             In consideration of the foregoing, the                                                                         Reference
                                           Federal Aviation Administration                            ADDRESSES: FAA Order 7400.9Z,
                                           amends 14 CFR part 71 as follows:                          Airspace Designations and Reporting                      This document amends FAA Order
                                                                                                      Points, and subsequent amendments can                 7400.9Z, airspace Designations and
                                           PART 71—DESIGNATION OF CLASS A,                            be viewed on line at http://                          Reporting Points, dated August 6, 2015,
                                           B, C, D, AND E AIRSPACE AREAS; AIR                         www.faa.gov/airtraffic/publications/.                 and effective September 15, 2015. FAA
                                           TRAFFIC SERVICE ROUTES; AND                                For further information, you can contact              Order 7400.9Z is publicly available as
                                           REPORTING POINTS                                           the Airspace Policy Group, Federal                    listed in the ADDRESSES section of this
                                                                                                      Aviation Administration, 800                          document. FAA Order 7400.9Z lists
                                           ■ 1. The authority citation for Part 71                    Independence Avenue SW.,                              Class A, B, C, D, and E airspace areas,
                                           continues to read as follows:                              Washington, DC 20591; telephone: 202–                 air traffic service routes, and reporting
                                             Authority: 49 U.S.C. 106(f), 106(g); 40103,              267–8783. The Order is also available                 points.
                                           40113, 40120, E.O. 10854, 24 FR 9565, 3 CFR,               for inspection at the National Archives
                                           1959–1963 Comp., p. 389.                                   and Records Administration (NARA).                    The Rule
                                           § 71.1       [Amended]                                     For information on the availability of
                                                                                                      this material at NARA, call 202–741–                     This amendment to Title 14, Code of
                                           ■ 2. The incorporation by reference in                                                                           Federal Regulations (14 CFR) part 71
                                           14 CFR 71.1 of FAA Order 7400.9Z,                          6030, or go to http://www.archives.gov/
                                                                                                      federal_register/code_of_federal-                     establishes Class E airspace extending
                                           Airspace Designations and Reporting                                                                              upward from 1,200 feet above the
                                           Points, dated August 6, 2015, effective                    regulations/ibr_locations.html.
                                                                                                        FAA Order 7400.9, Airspace                          surface within a 100-mile radius of
                                           September 15, 2015, is amended as                                                                                Harvey Municipal Airport, Harvey, ND,
                                                                                                      Designations and Reporting Points, is
                                           follows:                                                                                                         to facilitate vectoring of IFR aircraft
                                                                                                      published yearly and effective on
                                           Paragraph 5000         Class D Airspace.                   September 15.                                         under control of Minneapolis ARTCC.
                                           *        *      *       *      *                           FOR FURTHER INFORMATION CONTACT: Raul                 Controlled airspace is needed for the
                                                                                                      Garza, Jr., Central Service Center,                   safety and management of IFR
                                           ASO SC D        North, SC [Removed]
                                                                                                      Operations Support Group, Federal                     operations in the National Airspace
                                              Issued in College Park, Georgia, on August              Aviation Administration, Southwest                    System.
                                           4, 2016.                                                   Region, 10101 Hillwood Parkway, Fort                     Class E airspace designations are
                                           Joey L. Medders,                                           Worth, TX 76177; telephone: (817) 222–                published in Paragraph 6006 of FAA
                                           Acting Manager, Operations Support Group,                  5874.                                                 Order 7400.9Z, dated August 6, 2015,
                                           Eastern Service Center, Air Traffic                        SUPPLEMENTARY INFORMATION:                            and effective September 15, 2015, which
                                           Organization.
                                                                                                                                                            is incorporated by reference in 14 CFR
                                           [FR Doc. 2016–19001 Filed 8–11–16; 8:45 am]                Authority for This Rulemaking
                                                                                                                                                            71.1. The Class E airspace designations
                                           BILLING CODE 4910–13–P                                       The FAA’s authority to issue rules                  listed in this document will be
                                                                                                      regarding aviation safety is found in                 published subsequently in the Order.
                                                                                                      Title 49 of the United States Code.
                                           DEPARTMENT OF TRANSPORTATION                               Subtitle I, Section 106 describes the                 Regulatory Notices and Analyses
                                                                                                      authority of the FAA Administrator.
                                           Federal Aviation Administration                                                                                     The FAA has determined that this
                                                                                                      Subtitle VII, Aviation Programs,
                                                                                                                                                            regulation only involves an established
                                                                                                      describes in more detail the scope of the
                                           14 CFR Part 71                                                                                                   body of technical regulations for which
                                                                                                      agency’s authority. This rulemaking is
                                           [Docket No. FAA–2016–5387; Airspace                        promulgated under the authority                       frequent and routine amendments are
                                           Docket No. 16–AGL–13]                                      described in Subtitle VII, Part, A,                   necessary to keep them operationally
                                                                                                      Subpart I, Section 40103. Under that                  current, is non-controversial and
                                           Establishment of Class E Airspace;                         section, the FAA is charged with                      unlikely to result in adverse or negative
                                           Harvey, ND                                                 prescribing regulations to assign the use             comments. It, therefore: (1) Is not a
                                           AGENCY:  Federal Aviation                                  of airspace necessary to ensure the                   ‘‘significant regulatory action’’ under
                                           Administration (FAA), DOT.                                 safety of aircraft and the efficient use of           Executive Order 12866; (2) is not a
                                                                                                      airspace. This regulation is within the               ‘‘significant rule’’ under DOT
                                           ACTION: Final rule.
                                                                                                      scope of that authority as it establishes             Regulatory Policies and Procedures (44
                                           SUMMARY:    This action establishes Class                  controlled airspace at Harvey Municipal               FR 11034; February 26, 1979); and (3)
                                           E en route domestic airspace in the                        Airport, Harvey, ND.                                  does not warrant preparation of a
                                           Harvey, ND, area for Harvey Municipal                                                                            Regulatory Evaluation as the anticipated
                                           Airport. Controlled airspace is necessary                  History                                               impact is so minimal. Since this is a
                                           to facilitate vectoring of Instrument                        On May 6, 2016, the FAA published                   routine matter that only affects air traffic
ehiers on DSK5VPTVN1PROD with RULES




                                           Flight Rules (IFR) aircraft under control                  in the Federal Register a notice of                   procedures and air navigation, it is
                                           of Minneapolis Air Route Traffic                           proposed rulemaking (NPRM) to                         certified that this rule, when
                                           Control Center (ARTCC). This action                        establish Class E Airspace in the                     promulgated, does not have a significant
                                           enhances the safety and efficiency of                      Harvey, ND area. (81 FR 27357) Docket                 economic impact on a substantial
                                           aircraft operations within the National                    No. FAA–2016–5387. Interested parties                 number of small entities under the
                                           Airspace System.                                           were invited to participate in this                   criteria of the Regulatory Flexibility Act.


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                                           53266                 Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Rules and Regulations

                                           Environmental Review                                       COMMODITY FUTURES TRADING                             1.20(g)(4)(ii).2 Commission Regulation
                                                                                                      COMMISSION                                            1.20(g)(4)(ii) requires that a DCO obtain
                                              The FAA has determined that this                                                                              from a Federal Reserve Bank acting as
                                           action qualifies for categorical exclusion                 17 CFR Part 1                                         a depository for customer funds a
                                           under the National Environmental                                                                                 written acknowledgment that the
                                           Policy Act in accordance with FAA                          RIN 3038–AE48                                         customer funds deposited therein are
                                           Order 1050.1F, ‘‘Environmental                                                                                   being held in accordance with Section
                                           Impacts: Policies and Procedures,’’                        Written Acknowledgment of Customer                    4d of the CEA; however, pursuant to the
                                           paragraph 5–6.5a. This airspace action                     Funds From Federal Reserve Banks                      terms of the proposed order, the Federal
                                           is not expected to cause any potentially                   AGENCY:  Commodity Futures Trading                    Reserve Banks would be exempt from
                                           significant environmental impacts, and                     Commission.                                           Section 4d. The Commission
                                           no extraordinary circumstances exists                                                                            subsequently issued a final exemptive
                                                                                                      ACTION: Final rule.
                                           that warrant preparation of an                                                                                   order that is substantively similar to the
                                           environmental assessment.                                  SUMMARY:   The Commodity Futures                      proposed order. In the Federal Register
                                                                                                      Trading Commission (‘‘CFTC’’ or                       notice issuing the final exemptive order,
                                           Lists of Subjects in 14 CFR Part 71                                                                              the Commission noted that, in light of
                                                                                                      ‘‘Commission’’) is amending its
                                                                                                      regulations to revise or repeal certain               the comment, it had determined to
                                            Airspace, Incorporation by reference,
                                                                                                      provisions related to the requirement                 repeal the written acknowledgment
                                           Navigation (air).
                                                                                                      that a derivatives clearing organization              requirement with respect to customer
                                           Adoption of the Amendment                                  (‘‘DCO’’) obtain from a Federal Reserve               accounts held with a Federal Reserve
                                                                                                      Bank acting as a depository for customer              Bank 3 in a separate Federal Register
                                             In consideration of the foregoing, the                                                                         notice. The final exemptive order will
                                                                                                      funds a written acknowledgment that
                                           Federal Aviation Administration                                                                                  render these provisions inapplicable, as
                                                                                                      the Federal Reserve Bank was informed
                                           amends 14 CFR part 71 as follows:                          that the customer funds deposited                     the Federal Reserve Banks will not be
                                                                                                      therein are those of customers and are                held to the requirements of Section 4d
                                           PART 71—DESIGNATION OF CLASS A,                                                                                  of the CEA. Therefore, the Commission
                                                                                                      being held in accordance with Section
                                           B, C, D, AND E AIRSPACE AREAS; AIR                                                                               is amending Regulation 1.20 to remove
                                                                                                      4d of the Commodity Exchange Act
                                           TRAFFIC SERVICE ROUTES; AND                                                                                      the acknowledgment letter requirement
                                                                                                      (‘‘CEA’’).
                                           REPORTING POINTS                                                                                                 for customer funds deposited by a DCO
                                                                                                      DATES:   Effective August 12, 2016.                   with a Federal Reserve Bank. The
                                           ■ 1. The authority citation for Part 71                    FOR FURTHER INFORMATION CONTACT:                      Commission welcomes any comments
                                           continues to read as follows:                              Eileen A. Donovan, Deputy Director,                   and/or questions regarding this
                                                                                                      202–418–5096, edonovan@cftc.gov; M.                   amendment.
                                             Authority: 49 U.S.C. 106(f), 106(g); 40103,
                                                                                                      Laura Astrada, Associate Director, 202–
                                           40113, 40120, E.O. 10854, 24 FR 9565, 3 CFR,                                                                     List of Subjects in 17 CFR Part 1
                                                                                                      418–7622, lastrada@cftc.gov; or Parisa
                                           1959–1963 Comp., p. 389.
                                                                                                      Abadi, Attorney-Advisor, 202–418–                       Brokers, Commodity futures,
                                           § 71.1       [Amended]                                     6620, pabadi@cftc.gov, in each case, at               Consumer protection, Reporting and
                                                                                                      the Division of Clearing and Risk,                    recordkeeping requirements.
                                           ■ 2. The incorporation by reference in                     Commodity Futures Trading                               For the reasons stated in the
                                           14 CFR 71.1 of FAA Order 7400.9Z,                          Commission, Three Lafayette Centre,                   preamble, the Commodity Futures
                                           Airspace Designations and Reporting                        1155 21st Street NW., Washington, DC                  Trading Commission amends 17 CFR
                                           Points, dated August 6, 2015, effective                    20581.                                                part 1 as follows:
                                           September 15, 2015, is amended as                          SUPPLEMENTARY INFORMATION: On June 2,
                                           follows:                                                   2016, the Commission published for                    PART 1—GENERAL REGULATIONS
                                                                                                      public comment in the Federal Register                UNDER THE COMMODITY EXCHANGE
                                           Paragraph 6006         En Route Domestic                   a proposed order that would exempt                    ACT
                                           Airspace Areas.                                            Federal Reserve Banks that provide                    ■ 1. The authority citation for part 1
                                           *        *      *       *      *                           customer accounts and other services to               continues to read as follows:
                                                                                                      certain designated financial market
                                           AGL ND E6 Harvey, ND [New]                                                                                         Authority: 7 U.S.C. 1a, 2, 5, 6, 6a, 6b, 6c,
                                                                                                      utilities registered with the Commission
                                           Harvey Municipal Airport, ND                                                                                     6d, 6e, 6f, 6g, 6h, 6i, 6k, 6l, 6m, 6n, 6o, 6p,
                                                                                                      from Sections 4d and 22 of the CEA.1
                                             (Lat. 47°47′28″ N., long. 099°55′54″ W.)                                                                       6r, 6s, 7, 7a–1, 7a–2, 7b, 7b–3, 8, 9, 10a, 12,
                                                                                                      The proposed order would permit                       12a, 12c, 13a, 13a–1, 16, 16a, 19, 21, 23, and
                                             That airspace extending upward from                      Federal Reserve Banks to hold money,                  24 (2012).
                                           1,200 feet above the surface within a 100-                 securities, and property deposited into a
                                           mile radius of Harvey Municipal Airport,                   customer account by certain designated                   2 17 CFR 1.20(g)(4)(ii). Regulation 1.20(g)(4)(ii)
                                           excluding that airspace within Canada.                     financial market utilities in accordance              provides that a DCO shall obtain from a Federal
                                                                                                      with the standards to which Federal                   Reserve Bank only a written acknowledgment that:
                                             Issued in Fort Worth, TX, on August 3,                                                                         (A) The Federal Reserve Bank was informed that the
                                           2016.                                                      Reserve Banks are held.                               customer funds deposited therein are those of
                                           Vonnie L. Royal,                                              In response to the request for public              customers and are being held in accordance with
                                                                                                      comment, CME Group Inc. noted that                    the provisions of section 4d of the Act and
                                           Acting Manager, Operations Support Group,                                                                        Commission regulations thereunder; and (B) The
                                                                                                      the proposed order would be
                                           ATO Central Service Center.                                                                                      Federal Reserve Bank agrees to reply promptly and
                                                                                                      inconsistent with Regulation                          directly to any request from Commission staff for
ehiers on DSK5VPTVN1PROD with RULES




                                           [FR Doc. 2016–19006 Filed 8–11–16; 8:45 am]
                                                                                                                                                            confirmation of account balances or provision of
                                           BILLING CODE 4910–13–P                                       1 Notice of Proposed Order and Request for          any other information regarding or related to an
                                                                                                      Comment on Proposal to Exempt, Pursuant to the        account. Id.
                                                                                                      Authority in Section 4(c) of the Commodity               3 Specifically, the Commission is revising

                                                                                                      Exchange Act, the Federal Reserve Banks from          paragraphs (g)(4)(i) and (g)(4)(ii) of Regulation 1.20,
                                                                                                      Sections 4d and 22 of the Commodity Exchange          and repealing paragraphs (g)(4)(ii)(A) and
                                                                                                      Act, 81 FR 35337 (June 2, 2016).                      (g)(4)(ii)(B) of Regulation 1.20.



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Document Created: 2018-02-09 11:33:01
Document Modified: 2018-02-09 11:33:01
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective 0901 UTC, November 10, 2016. 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.
ContactRaul Garza, Jr., Central Service Center, Operations Support Group, Federal Aviation Administration, Southwest Region, 10101 Hillwood Parkway, Fort Worth, TX 76177; telephone: (817) 222-5874.
FR Citation81 FR 53265 
CFR AssociatedAirspace; Incorporation by Reference and Navigation (air)

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