38140 Federal Register / Vol. 74, No. 146 / Friday, July 31, 2009 / Proposed Rules 

Dated at Rockville, Maryland, this 24th day 

of July 2009. 

For the Nuclear Regulatory Commission. 

Annette L. Vietti-Cook, 

Secretary of the Commission. 

[FR Doc. E9–18284 Filed 7–30–09; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–0115; Directorate 

Identifier 2007–CE–080–AD] 

RIN 2120–AA64 

Airworthiness Directives; Reims 

Aviation S.A. Model F406 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM); rescission. 

SUMMARY: We propose to rescind an 

airworthiness directive (AD) for the 

products listed above. The existing AD 

resulted 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: 

On several occasions, leaks of the landing 

gear emergency blowdown bottle have been 

reported. Investigations revealed that the 

leakage was located on the nut manometer 

because of a design deficiency in the bottle 

head. 

If left uncorrected, the internal bottle 

pressure could not be maintained to an 

adequate level and could result in a 

malfunction, failing to extend landing gears 

during emergency situations. 

Since issuance of that AD, we have 

determined that the condition is not 

unsafe. This proposed action to rescind 

the AD would allow the public the 

opportunity to comment on the FAA’s 

determination of the condition being 

unsafe before it is officially rescinded. 

DATES: We must receive comments on 

this proposed AD by September 14, 

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 

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

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 9 

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

Friday, except Federal holidays. The AD 

docket contains this proposed AD 

rescission, the regulatory evaluation, 

any comments received, and other 

information. The street address for the 

Docket 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: 

Mike Kiesov, Aerospace Engineer, FAA, 

Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4144; fax: (816) 

329–4090. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD rescission. Send your 

comments to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2007–0115; Directorate Identifier 

2007–CE–080–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD rescission. 

We will consider all comments received 

by the closing date and may amend this 

proposed AD rescission because of 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 rescission. 

Discussion 

On December 13, 2007, we issued AD 

2007–26–08, Amendment 39–15310 (72 

FR 73258, December 27, 2007). That AD 

required actions intended to address an 

unsafe condition on the products listed 

above. 

Since we issued AD 2007–26–08, we 

have reconsidered this AD with respect 

to the determination of an unsafe 

condition. 

We issued AD 2007–26–08 in 

consideration of the MCAI from an 

aviation authority of another country to 

identify and correct an unsafe condition 

on an airplane. At that time, we were 

not aware that there were several Cessna 

Aircraft Company (Cessna) model 

airplanes equipped with the same 

blowdown bottle part number (P/N) 

9910154–4. 

Before issuing an AD on domestic 

products, we prepare a risk assessment 

of the unsafe condition. A risk 

assessment was done for the Cessna 

model airplanes. The result of that 

assessment was not high enough to 

support AD action since the system is a 

backup system to the primary landing 

gear extension system. 

Based on this risk assessment, we 

reevaluated the existing AD against 

Reims Aviation Model 406 airplanes 

(AD 2007–28–08) and determined the 

condition identified in the AD is not an 

unsafe condition. 

FAA’s Determination and Requirements 

of the Proposed AD Rescission 

We are proposing this AD rescission 

because we evaluated all information 

and determined the condition identified 

in the existing AD is not unsafe and the 

AD is not necessary. 

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 

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 rescinding the 

determination of an unsafe condition 

that is likely to exst or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We determined that this proposed AD 

rescission would not have federalism 

implications under Executive Order 

13132. This proposed AD rescission 

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 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 74, No. 146 / Friday, July 31, 2009 / Proposed Rules 38141 

power and responsibilities among the 

various levels of government. 

For the reasons discussed above, I 

certify this proposed rescission of a 

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 rescission and placed 

it in the AD docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, 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 

rescinding AD 2007–26–08, 

Amendment 39–15310 (72 FR 73258, 

December 27, 2007): 

Reims Aviation S.A.: Docket No. FAA–2007– 

0115; Directorate Identifier 2007–CE– 

080–AD. 

Comments Due Date 

(a) We must receive comments by August 

31, 2009. 

Affected ADs 

(b) This AD rescinds AD 2007–26–08. 

Applicability 

(c) This AD applies to model F406 

airplanes, all serial numbers, that are: 

(1) Equipped with landing gear emergency 

blowdown bottle part number (P/N) 

9910154–4; and 

(2) certificated in any category. 

Issued in Kansas City, Missouri, on July 27, 

2009. 

John Colomy, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–18311 Filed 7–30–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–0405; Airspace 

Docket No. 09–ASW–12] 

Proposed Amendment of Class D and 

Class E Airspace; New Orleans NAS, 

LA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

amend Class D and Class E airspace at 

New Orleans NAS, LA. Changes in 

control tower operating hours for Class 

D airspace and cancellation of the NDB 

RWY 4 instrument approach for Class E 

airspace have made this action 

necessary for the continued safety and 

management of Instrument Flight Rules 

(IFR) aircraft operations at New Orleans 

NAS Alvin Callender Field. 

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– 

0405/Airspace Docket No. 09–ASW–12, 

at the beginning of your comments. You 

may also submit comments through 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–2009–0405/Airspace 

Docket No. 09–ASW–12.’’ 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 amending Class D and 

Class E airspace at New Orleans NAS 

Alvin Callender Field, LA. Class D 

airspace would be effective during the 

specific dates and times established in 

advance by a Notice to Airmen. Class E 

airspace would reflect the cancellation 

of the NDB RWY 4 instrument 

approach. 

Class D airspace areas 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. The Class D airspace designation 

listed in this document would be 

published subsequently in the Order. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS