Federal Register / Vol. 74, No. 145 / Thursday, July 30, 2009 / Proposed Rules 37965 

and number of landings on the MLG shock 

strut cylinder, perform the initial inspection 

at the applicable grace period specified in 

Table 1 of this AD. 

TABLE 1—THRESHOLD AND REPETITIVE INTERVAL

Airplanes identified in the service bulletin 

as group Threshold Repetitive interval 

1 .......................................................................... Within 18 months or 650 landings after October 21, 2005 (the effective date of AD 

2005–19–08), whichever occurs first.

Intervals not to exceed 650 landings. 

2 .......................................................................... Within 18 months or 500 landings after October 21, 2005, whichever occurs first.Intervals not to exceed 500 landings. 

3, except as provided by paragraph (k) of this 

AD.

Within 18 months or 2,500 landings after October 21, 2005, whichever occurs first.Intervals not to exceed 2,500 landings. 

4 .......................................................................... Within 18 months or 2,100 landings after October 21, 2005, whichever occurs first.Intervals not to exceed 2,100 landings. 

No Indication of Cracking Is Found 

(i) If no indication of cracking is found 

during the inspection required by paragraph 

(h) of this AD, repeat the inspection in 

accordance with Boeing Alert Service 

Bulletin DC9–32A350, Revision 1, dated 

August 3, 2005; or Boeing Alert Service 

Bulletin DC9–32A350, Revision 2, dated 

March 20, 2009; at the applicable interval 

specified in Table 1 of this AD, except as 

required by paragraph (m) of this AD. After 

the effective date of this AD, use only Boeing 

Alert Service Bulletin DC9–32A350, Revision 

2, dated March 20, 2009, of the service 

bulletin. 

Related Investigative and Corrective Actions 

(j) If any indication of cracking is found 

during any inspection required by paragraph 

(h) or (i) of this AD: Before further flight, 

confirm the indication of cracking by doing 

all applicable related investigative actions 

and doing the applicable corrective actions in 

accordance with Boeing Alert Service 

Bulletin DC9–32A350, Revision 1, dated 

August 3, 2005; or Revision 2, dated March 

20, 2009; except as required by paragraph (m) 

of this AD. After the effective date of this AD, 

use only Boeing Alert Service Bulletin DC9– 

32A350, Revision 2, dated March 20, 2009, 

of the service bulletin. Repeat the inspection 

at the applicable threshold and interval 

specified in paragraph (h) of this AD. 

MLG Cylinder Previously Installed on Group 

4 Airplanes 

(k) For MLG cylinders on Group 3 

airplanes as identified in Boeing Alert 

Service Bulletin DC9–32A350, Revision 1, 

dated August 3, 2005; or Revision 2, dated 

March 20, 2009: If the MLG cylinder was 

previously installed on a Group 4 airplane, 

as identified in Boeing Alert Service Bulletin 

DC9–32A350, Revision 1, dated August 3, 

2005; or Revision 2, dated March 20, 2009; 

or if the service history and number of 

landings cannot be determined, the MLG 

cylinder must be inspected at the grace 

period and repetitive interval that applies to 

Group 4 airplanes, as specified in Table 1 of 

this AD, except as required by paragraph (m) 

of this AD. 

Actions Accomplished in Accordance With 

Original Issue of Service Bulletin 

(l) For airplanes with shock struts that have 

part numbers other than 5924400–505 and 

5924400–506: Actions done before the 

effective date of this AD in accordance with 

Boeing Alert Service Bulletin DC9–32A350, 

dated December 3, 2004, are acceptable for 

compliance with the corresponding actions 

required paragraphs (h), (i), (j), and (k) of this 

by this AD. 

New Requirements of This AD 

(m) For airplanes with shock struts that 

have part numbers 5924400–505 and 

5924400–506: Do the actions required by 

paragraphs (g), (h), (i), (j), and (k), as 

applicable, in accordance with Boeing Alert 

Service Bulletin DC9–32A350, Revision 2, 

dated March 20, 2009. Do the actions at the 

time specified in those paragraphs, except 

where Table 1 of this AD specifies a 

compliance time after October 21, 2005, the 

compliance time for these airplanes is within 

the specified compliance time after the 

effective date of this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(n)(1) The Manager, Los Angeles Aircraft 

Certification 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: Wahib Mina, 

ANM–120L, FAA, Los Angeles Aircraft 

Certification Office, 3960 Paramount 

Boulevard, Lakewood, California 90712– 

4137; telephone (562) 627–5324; fax (562) 

627–5210. 

(2) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Before using any approved AMOC on 

any airplane to which the AMOC applies, 

notify your principal maintenance inspector 

(PMI) or principal avionics inspector (PAI), 

as appropriate, or lacking a principal 

inspector, your local Flight Standards District 

Office. The AMOC approval letter must 

specifically reference this AD. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required by this AD, if it is approved by an 

Authorized Representative for the Boeing 

Commercial Airplanes Delegation Option 

Authorization Organization who has been 

authorized by the Manager, Los Angeles 

ACO, to make those findings. For a repair 

method to be approved, the repair must meet 

the certification basis of the airplane, and the 

approval must specifically refer to this AD. 

Issued in Renton, Washington, on July 22, 

2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–18157 Filed 7–29–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0659; Directorate 

Identifier 2009–NM–060–AD] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model EMB–135BJ, 

–135ER, –135KE, –135KL, and –135LR 

Airplanes; and EMB–145, –145ER, 

–145MR, –145LR, –145XR, –145MP, and 

–145EP Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above. This proposed 

AD results from mandatory continuing 

airworthiness information (MCAI) 

originated by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

It has been found occurrences of main 

landing gear (MLG) trailing arm pins broken 

due to a fatigue mechanism induced by an 

excessive torque applied during the 

assemblage of auxiliary door support 

attachment and consequent deformation of 

the MLG trailing arm axle. A broken pin can 

lead to loss of the MLG trailing arm axle, 

disconnecting the trailing arm from the main 


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37966 Federal Register / Vol. 74, No. 145 / Thursday, July 30, 2009 / Proposed Rules 

strut, which affects the airplane 

controllability on ground. 

* * * * * 

The proposed AD would require 

actions that are intended to address the 

unsafe condition described in the MCAI. 

DATES: We must receive comments on 

this proposed AD by August 31, 2009. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–40, 1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this proposed AD, contact Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER), Technical Publications 

Section (PC 060), Av. Brigadeiro Faria 

Lima, 2170—Putim—12227–901 Sa ̃o 

Jose dos Campos—SP—BRASIL; 

telephone: +55 12 3927–5852 or +55 12 

3309–0732; fax: +55 12 3927–7546; email: distrib@embraer.com.br; Internet: 

http://www.flyembraer.com. 

You may review copies of the 

referenced service information at the 

FAA, Transport Airplane Directorate, 

1601 Lind Avenue, SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, 

call 425–227–1221 or 425–227–1152. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations office between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Operations 

office (telephone (800) 647–5527) is in 

the ADDRESSES section. Comments will 

be available in the AD docket shortly 

after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Sanjay Ralhan, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–1405; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2009–0659; Directorate Identifier 

2009–NM–060–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD based on those comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

The Ageˆncia Nacional de Aviac ̧a ̃o 

Civil (ANAC), which is the aviation 

authority for Brazil, has issued Brazilian 

Airworthiness Directive 2009–02–01, 

dated February 12, 2009 (referred to 

after this as ‘‘the MCAI’’), to correct an 

unsafe condition for the specified 

products. The MCAI states: 

It has been found occurrences of main 

landing gear (MLG) trailing arm pins broken 

due to a fatigue mechanism induced by an 

excessive torque applied during the 

assemblage of auxiliary door support 

attachment and consequent deformation of 

the MLG trailing arm axle. A broken pin can 

lead to loss of the MLG trailing arm axle, 

disconnecting the trailing arm from the main 

strut, which affects the airplane 

controllability on ground. 

* * * * * 

Required actions include inspecting 

for cracks, and, if necessary, replacing 

the MLG trailing arm pin with a 

serviceable pin; and modifying the MLG 

auxiliary door mounting support. You 

may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

Embraer has issued Service Bulletins 

145–32–0122, dated November 27, 2008; 

145–52–0047, Revision 01, dated March 

31, 2008; 145LEG–32–0033, dated 

November 27, 2008; and 145LEG–52– 

0014, dated October 28, 2008. The 

actions described in the service 

information are intended to correct the 

unsafe condition identified in the 

MCAI. 

FAA’s Determination and Requirements 

of This Proposed AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with the State of 

Design Authority, we have been notified 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are proposing this 

AD because we evaluated all pertinent 

information and determined an unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Differences Between This AD and the 

MCAI or Service Information 

We have reviewed the MCAI and 

related service information and, in 

general, agree with their substance. But 

we might have found it necessary to use 

different words from those in the MCAI 

to ensure the AD is clear for U.S. 

operators and is enforceable. In making 

these changes, we do not intend to differ 

substantively from the information 

provided in the MCAI and related 

service information. 

We might also have proposed 

different actions in this AD from those 

in the MCAI in order to follow FAA 

policies. Any such differences are 

highlighted in a Note within the 

proposed AD. 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 711 products of U.S. 

registry. We also estimate that it would 

take about 2 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $80 per work-hour. Required 

parts would cost about $240 per 

product. Where the service information 

lists required parts costs that are 

covered under warranty, we have 

assumed that there will be no charge for 

these costs. As we do not control 

warranty coverage for affected parties, 

some parties may incur costs higher 

than estimated here. Based on these 

figures, we estimate the cost of the 

proposed AD on U.S. operators to be 

$284,400, or $400 per product. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. 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. 

We are issuing this rulemaking under 

the authority described in ‘‘Subtitle VII, 

Part A, Subpart III, Section 44701: 

General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 


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air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We determined that this proposed AD 

would not have federalism implications 

under Executive Order 13132. This 

proposed AD would not have a 

substantial direct effect on the States, on 

the relationship between the national 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify this proposed regulation: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. Is not a ‘‘significant rule’’ under the 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); and 

3. Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this proposed AD and placed it in the 

AD docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 14 CFR part 

39 as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

1. The authority citation for part 39 

continues to read as follows: 

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

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new AD: 

Empresa Brasileira de Aeronautica S.A. 

(EMBRAER): Docket No. FAA–2009– 

0659; Directorate Identifier 2009–NM– 

060–AD. 

Comments Due Date 

(a) We must receive comments by August 

31, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to EMBRAER Model 

EMB–135BJ, as identified in Embraer Service 

Bulletin 145LEG–32–0033, dated November 

27, 2008, except serial number 145363; and 

Model EMB–135ER, –135KE, –135KL, and 

–135LR airplanes, and Model EMB–145, 

–145ER, –145MR, –145LR, –145XR, –145MP, 

and –145EP airplanes, as identified in 

Embraer Service Bulletin 145–32–0122, dated 

November 27, 2008; certificated in any 

category. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 32: Landing Gear. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

It has been found occurrences of main 

landing gear (MLG) trailing arm pins broken 

due to a fatigue mechanism induced by an 

excessive torque applied during the 

assemblage of auxiliary door support 

attachment and consequent deformation of 

the MLG trailing arm axle. A broken pin can 

lead to loss of the MLG trailing arm axle, 

disconnecting the trailing arm from the main 

strut, which affects the airplane 

controllability on ground. 

* * * * * 

Required actions include inspecting for 

cracks, and, if necessary, replacing the MLG 

trailing arm pin with a serviceable pin; and 

modifying the MLG auxiliary door mounting 

support. 

Actions and Compliance 

(f) Unless already done, do the following 

actions. 

(1) Within 2,500 flight hours or 24 months 

after the effective date of this AD, whichever 

occurs first, do the actions specified in 

paragraphs (f)(1)(i) and (f)(1)(ii) of this AD. 

(i) Perform a visual inspection for cracks 

on the MLG trailing arm pins, in accordance 

with Embraer Service Bulletin 145–32–0122, 

dated November 27, 2008; or 145LEG–32– 

0033, dated November 27, 2008; as 

applicable. If any crack is found, before 

further flight, replace the MLG trailing arm 

pin with a serviceable pin, in accordance 

with Embraer Service Bulletin 145–32–0122, 

dated November 27, 2008; or 145LEG–32– 

0033, dated November 27, 2008; as 

applicable. 

(ii) Prior to or concurrently with 

accomplishing the inspection required by 

paragraph (f)(1)(i) of this AD, modify the 

MLG auxiliary door mounting support, in 

accordance with Embraer Service Bulletin 

145–52–0047, Revision 01, dated March 31, 

2008; or 145LEG–52–0014, dated October 28, 

2008; as applicable. 

Note 1: For the purposes of this AD, a 

visual inspection is: An intensive 

examination of a specific item, installation or 

assembly to detect damage, failure or 

irregularity. Available lighting is normally 

supplemented with a direct source of good 

lighting at an intensity deemed appropriate. 

Inspection aids such as mirrors, magnifying 

lenses, etc., may be necessary. Surface 

cleaning and elaborate access procedures 

may be required. 

Note 2: For the purposes of this AD, a 

serviceable pin is a pin that has no cracking. 

(2) Modifications accomplished before the 

effective date of this AD according to 

Embraer Service Bulletin 145–52–0047, dated 

July 18, 2005, are considered acceptable for 

compliance with the corresponding action 

specified in this AD. 

FAA AD Differences 

Note 3: This AD differs from the MCAI 

and/or service information as follows: 

Ageˆncia Nacional de Aviac ̧a ̃o Civil (ANAC) 

Brazilian Airworthiness Directive 2009–02– 

01, dated February 12, 2009, is applicable to 

‘‘all EMB–145 and EMB–135 aircraft models 

in operation.’’ However, this does not agree 

with Embraer Service Bulletin 145–32–0122, 

dated November 27, 2008; 145–52–0047, 

Revision 01, dated March 31, 2008; 145LEG– 

32–0033, dated November 27, 2008; or 

145LEG–52–0014, dated October 28, 2008; 

which specifies that only certain Model 

EMB–145 and EMB–135 airplanes are 

affected and identifies them by serial 

number. This AD is applicable only to the 

airplanes listed in the applicable service 

bulletins. This difference has been 

coordinated with the ANAC. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, Transport Airplane 

Directorate, 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: Sanjay Ralhan, 

Aerospace Engineer, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–1405; fax (425) 227–1149. Before using 

any approved AMOC on any airplane to 

which the AMOC applies, notify your 

principal maintenance inspector (PMI) or 

principal avionics inspector (PAI), as 

appropriate, or lacking a principal inspector, 

your local Flight Standards District Office. 

The AMOC approval letter must specifically 

reference this AD. 

(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 FAAapproved 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, 

the Office of Management and Budget (OMB) 

has approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to MCAI Ageˆncia Nacional de 

Aviac ̧a ̃o Civil Airworthiness Directive 2009– 

02–01, dated February 12, 2009; Embraer 

Service Bulletin 145–32–0122, dated 

November 27, 2008; Embraer Service Bulletin 


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145–52–0047, Revision 01, dated March 31, 

2008; Embraer Service Bulletin 145LEG–32– 

0033, dated November 27, 2008; and Embraer 

Service Bulletin 145LEG–52–0014, dated 

October 28, 2008; for related information. 

Issued in Renton, WA, on July 22, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–18158 Filed 7–29–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–0404; Airspace 

Docket No. 09–ACE–5] 

Proposed Amendment of Class D and 

Class E Airspace; Topeka Forbes Field 

Airport, KS 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

amend Class D and Class E airspace for 

Forbes Field Airport, Topeka, KS. 

Additional controlled airspace is 

necessary to accommodate new 

Standard Instrument Approach 

Procedures (SIAPs) at Forbes Field 

Airport, Topeka, KS. This action also 

incorporates the Class E as extensions to 

Class D at Forbes Field Airport into the 

Class D surface area. The FAA is taking 

this action to enhance the safety and 

management of Instrument Flight Rules 

(IFR) aircraft operations at Forbes Field 

Airport. 

DATES: 0901 UTC. Comments must be 

received on or before September 14, 

2009. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. You must 

identify the docket number FAA–2009– 

0404/Airspace Docket No. 09–ACE–5, at 

the beginning of your comments. You 

may also submit comments on the 

Internet at http://www.regulations.gov. 

You may review the public docket 

containing the proposal, any comments 

received, and any final disposition in 

person in the Dockets Office between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The 

Docket Office (telephone 1–800–647– 

5527), is on the ground floor of the 

building at the above address. 

FOR FURTHER INFORMATION CONTACT: 

Scott Enander, Central Service Center, 

Operations Support Group, Federal 

Aviation Administration, Southwest 

Region, 2601 Meacham Blvd., Fort 

Worth, TX 76137; telephone: (817) 321– 

7716. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested parties are invited to 

participate in this proposed rulemaking 

by submitting such written data, views, 

or arguments, as they may desire. 

Comments that provide the factual basis 

supporting the views and suggestions 

presented are particularly helpful in 

developing reasoned regulatory 

decisions on the proposal. Comments 

are specifically invited on the overall 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects of the proposal. 

Communications should identify both 

docket numbers and be submitted in 

triplicate to the address listed above. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this notice must submit with those 

comments a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket No. FAA–2009–0404/Airspace 

Docket No. 09–ACE–5.’’ The postcard 

will be date/time stamped and returned 

to the commenter. 

Availability of NPRMs 

An electronic copy of this document 

may be downloaded through the 

Internet at http://www.regulations.gov. 

Recently published rulemaking 

documents can also be accessed through 

the FAA’s Web page at http:// 

www.faa.gov/airports_airtraffic/ 

air_traffic/publications/ 

airspace_amendments/. 

Additionally, any person may obtain 

a copy of this notice by submitting a 

request to the Federal Aviation 

Administration (FAA), Office of Air 

Traffic Airspace Management, ATA– 

400, 800 Independence Avenue, SW., 

Washington, DC 20591, or by calling 

(202) 267–8783. Communications must 

identify both docket numbers for this 

notice. Persons interested in being 

placed on a mailing list for future 

NPRMs should contact the FAA’s Office 

of Rulemaking (202) 267–9677, to 

request a copy of Advisory Circular No. 

11–2A, Notice of Proposed Rulemaking 

Distribution System, which describes 

the application procedure. 

The Proposal 

This action proposes to amend Title 

14, Code of Federal Regulations (14 

CFR), Part 71 by adding additional 

controlled Class D and Class E airspace 

for SIAPs operations at Forbes Field 

Airport, Topeka, KS, and incorporating 

the Class E extensions into the Class D 

surface area. 

Class D airspace designations are 

published in Paragraph 5000 of FAA 

Order 7400.9S, dated October 3, 2008, 

and effective October 31, 2008, which is 

incorporated by reference in 14 CFR 

71.1. Class E airspace designated as 

surface areas is published in Paragraph 

6002 of FAA Order 7400.9S, dated 

October 3, 2008, and effective October 

31, 2008, which is incorporated by 

reference in 14 CFR 71.1. Class E 

airspace designated as extensions to a 

Class D surface area is published in 

Paragraph 6004 of FAA Order 7400.9S, 

dated October 3, 2008, and effective 

October 31, 2008, which is incorporated 

by reference in 14 CFR 71.1. Class E 

airspace extending upward from 700 

feet or more above the surface of the 

earth is published in Paragraph 6005 of 

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 D and Class E 

airspace designations listed in this 

document would be published 

subsequently in the Order. 

The FAA has determined that this 

proposed 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 U.S. Code. 

Subtitle 1, 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 


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