Federal Register / Vol. 74, No. 145 / Thursday, July 30, 2009 / Proposed Rules 37971 

ADDRESSES section for address and 

phone number). You may also submit 

comments through the Internet at http:// 

www.regulations.gov. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this action must submit with those 

comments a self-addressed stamped 

postcard on which the following 

statement is made: ‘‘Comments to FAA 

Docket No. FAA–2009–0617 and 

Airspace Docket No. 09–AWP–5’’. The 

postcard will be date/time stamped and 

returned to the commenter. 

All communications received on or 

before the specified closing date for 

comments will be considered before 

taking action on the proposed rule. The 

proposal contained in this action may 

be changed in light of comments 

received. All comments submitted will 

be available for examination in the 

public docket both before and after the 

closing date for comments. A report 

summarizing each substantive public 

contact with FAA personnel concerned 

with this rulemaking will be filed in the 

docket. 

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/. 

You may review the public docket 

containing the proposal, any comments 

received, and any final disposition in 

person in the Dockets Office (see the 

ADDRESSES section for the address and 

phone number) between 9 a.m. and 5 

p.m., Monday through Friday, except 

federal holidays. An informal docket 

may also be examined during normal 

business hours at the Northwest 

Mountain Regional Office of the Federal 

Aviation Administration, Air Traffic 

Organization, Western Service Area, 

Operations Support Group, 1601 Lind 

Avenue, SW., Renton, WA 98057. 

Persons interested in being placed on 

a mailing list for future NPRMs should 

contact the FAA’s Office of Rulemaking, 

(202) 267–9677, for a copy of Advisory 

Circular No. 11–2A, Notice of Proposed 

Rulemaking Distribution System, which 

describes the application procedure. 

The Proposal 

The FAA is proposing an amendment 

to Title 14 Code of Federal Regulations 

(14 CFR) part 71 by establishing Class E 

airspace extending upward 700 feet or 

more above the surface at Little River 

Airport, Little River, CA. Controlled 

airspace is necessary to accommodate 

aircraft using the new RNAV (GPS) 

SIAP at Little River Airport, Little River, 

CA. This action would enhance the 

safety and management of aircraft 

operations at Little River Airport, Little 

River, CA. 

Class E airspace designations are 

published in paragraph 6005 of FAA 

Order 7400.9S, signed October 3, 2008, 

and effective October 31, 2008, which is 

incorporated by reference in 14 CFR 

71.1. The Class E airspace designation 

listed in this document will be 

published subsequently in this 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. 

Therefore, this proposed regulation; (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 proposed rule, 

when promulgated, would 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 for 

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 the 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 

additional controlled airspace at Little 

River Airport, Little River, CA. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

Accordingly, pursuant to the 

authority delegated to me, the Federal 

Aviation Administration proposes to 

amend 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 

1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

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

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

2. The incorporation by reference in 

14 CFR 71.1 of the FAA Order 7400.9S, 

Airspace Designations and Reporting 

Points, signed October 3, 2008, and 

effective October 31, 2008 is amended 

as follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

AWP CA E5 Little River, CA [New] 

Little River Airport, CA 

(Lat. 39°15′43′′ N., long. 123°45′13′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.6-mile 

radius of Little River Airport. 

* * * * * 

Issued in Seattle, Washington, on July 24, 

2009. 

Matt Csicsery, 

Acting Manager, Operations Support Group, 

Western Service Center. 

[FR Doc. E9–18137 Filed 7–29–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 135 

[Docket No. FAA–2009–0023; Notice No. 09– 

02A] 

RIN 2120–AJ32 

Crew Resource Management Training 

for Crewmembers in Part 135 

Operations 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking; 

extension of comment period. 

SUMMARY: This action extends the 

comment period for a proposed rule that 

was published on May 1, 2009. The 

proposed rule would require all 

certificate holders conducting 

operations under part 135 to include in 

their training programs crew resource 

management for crewmembers, 

including pilots and flight attendants. 

This proposal is needed to ensure that 

crewmembers in part 135 operations 

receive training and practice in the use 


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37972 Federal Register / Vol. 74, No. 145 / Thursday, July 30, 2009 / Proposed Rules 

of crew resource management 

principles, as appropriate for their 

operation. This proposed rule would 

respond to National Transportation 

Safety Board recommendations, address 

a recommendation from the Part 125/ 

135 Aviation Rulemaking Committee, 

and would codify current FAA 

guidance. The intended effect of this 

proposal is to reduce the frequency and 

severity of errors that are crew based, 

which will reduce the frequency of 

accidents and incidents within the 

scope of part 135 operations. The FAA 

is seeking further comment on this 

proposed rule because all of the 

rulemaking documents were not 

available in the official docket. 

DATES: Comments, identified by docket 

number FAA–2009–0023, must be 

received on or before September 28, 

2009. 

ADDRESSES: You may send comments 

identified by docket number FAA– 

2009–0023 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for sending your 

comments electronically. 

• Mail: Send comments to the Docket 

Operations, M–30; U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 

• Hand Delivery or Courier: Bring 

comments to the Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue, SE., Washington, DC, between 

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

Friday, except Federal holidays. 

• Fax: Fax comments to the Docket 

Operations at 202–493–2251. 

For more information on the rulemaking 

process, see the SUPPLEMENTARY

INFORMATION section of this document. 

Privacy: We will post all comments 

we receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. 

Using the search function of our docket 

Web site, anyone can find and read the 

comments received into any of our 

dockets, including the name of the 

individual sending the comment (or 

signing the comment for an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78) or you may visit http:// 

DocketsInfo.dot.gov. 

Docket: To read background 

documents or comments received, go to 

http://www.regulations.gov at any time 

and follow the online instructions for 

accessing the docket, or to the Docket 

Operations in Room W12–140 of the 

West Building Ground Floor at 1200 

New Jersey Avenue, SE., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this 

proposed rule, contact Nancy Lauck 

Claussen, Federal Aviation 

Administration, Flight Standards 

Service, Air Transportation Division 

(AFS–200), 800 Independence Avenue, 

SW., Washington, DC 20591; Telephone: 

202–267–8166; E-mail: 

nancy.l.claussen@faa.gov. For legal 

questions concerning this proposed 

rule, contact Anne Bechdolt, Federal 

Aviation Administration, Office of the 

Chief Counsel, 800 Independence 

Avenue, SW., Washington, DC 20591; 

Telephone: 202–267–3073; E-mail: 

anne.bechdolt@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites interested persons to 

participate in this rulemaking by 

submitting written comments, data, or 

views. We also invite comments relating 

to the economic, environmental, energy, 

or federalism impacts that might result 

from adopting the proposals in this 

document. The most helpful comments 

reference a specific portion of the 

proposal, explain the reason for any 

recommended change, and include 

supporting data. To ensure the docket 

does not contain duplicate comments, 

please send only one copy of written 

comments, or if you are filing comments 

electronically, please submit your 

comments only one time. 

We will file in the docket all 

comments we receive, as well as a 

report summarizing each substantive 

public contact with FAA personnel 

concerning this proposed rulemaking. 

Before acting on this proposal, we will 

consider all comments we receive on or 

before the closing date for comments. 

We will consider comments filed after 

the comment period has closed if it is 

possible to do so without incurring 

expense or delay. We may change this 

proposal in light of the comments we 

receive. 

Proprietary or Confidential Business 

Information 

Do not file in the docket information 

that you consider to be proprietary or 

confidential business information. Send 

or deliver this information directly to 

the person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

document. You must mark the 

information that you consider 

proprietary or confidential. If you send 

the information on a disk or CD–ROM, 

mark the outside of the disk or CD–ROM 

and also identify electronically within 

the disk or CD–ROM the specific 

information that is proprietary or 

confidential. 

Under 14 CFR 11.35(b), when we are 

aware of proprietary information filed 

with a comment, we do not place it in 

the docket. We hold it in a separate file 

to which the public does not have 

access, and we place a note in the 

docket that we have received it. If we 

receive a request to examine or copy 

this information, we treat it as any other 

request under the Freedom of 

Information Act (5 U.S.C. 552). We 

process such a request under the DOT 

procedures found in 49 CFR part 7. 

Availability of Rulemaking Documents 

You can get an electronic copy of 

rulemaking documents using the 

Internet by— 

1. Searching the Federal eRulemaking 

Portal (http://www.regulations.gov); 

2. Visiting the FAA’s Regulations and 

Policies Web page at http:// 

www.faa.gov/regulations_policies or 

3. Accessing the Government Printing 

Office’s Web page at http:// 

www.gpoaccess.gov/fr/index.html. 

You can also get a copy by sending a 

request to the Federal Aviation 

Administration, Office of Rulemaking, 

ARM–1, 800 Independence Avenue, 

SW., Washington, DC 20591, or by 

calling (202) 267–9680. Make sure to 

identify the docket number or notice 

number of this rulemaking. 

You may access all documents the 

FAA considered in developing this 

proposed rule, including economic 

analyses and technical reports, from the 

internet through the Federal 

eRulemaking Portal referenced in 

paragraph 1. 

Background 

On May 1, 2009 (74 FR 20263) the 

FAA published a proposed rule that 

would require all certificate holders 

conducting operations under part 135 to 

include in their training programs crew 

resource management for crewmembers, 

including pilots and flight attendants. 

The comment period for the proposed 

rule closes on July 30, 2009. Because the 

regulatory evaluation for the proposed 

rule was not available for review in the 

docket until July 24, 2009, the FAA is 

extending the comment period from July 

30, 2009 to September 28, 2009. 

Extension of Comment Period 

The FAA wants to ensure that the 

proposed rulemaking and all its 

associated documents have been 


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Federal Register / Vol. 74, No. 145 / Thursday, July 30, 2009 / Proposed Rules 37973 

1The comment must be accompanied by an 

explicit request for confidential treatment, 

including the factual and legal basis for the request, 

and must identify the specific portions of the 

comment to be withheld from the public record. 

The request will be granted or denied by the 

Commission’s General Counsel, consistent with 

applicable law and the public interest. See FTC 

Rule 4.9(c), 16 CFR 4.9(c). 

2The deleted affirmative disclosures included the 

school’s make-up work policy, costs of purchasing 

the textbooks and equipment needed for the 

courses, a description of the school’s physical 

facilities and a description of the school’s 

placement service. 

adequately available for public viewing 

and comment. Because the regulatory 

evaluation contains information 

regarding the expected benefits and 

costs of this rulemaking, the FAA has 

determined that a 60-day extension of 

the comment period is necessary to give 

the public adequate time to review this 

document. Such action is, in the public 

interest, and good cause exists for taking 

this action. Accordingly, the comment 

period for Notice No. 09–02 is extended 

until September 28, 2009. 

Issued in Washington, DC, on July 27, 

2009. 

Julie A. Lynch, 

Acting Director, Office of Rulemaking. 

[FR Doc. E9–18322 Filed 7–29–09; 8:45 am] 

BILLING CODE 4910–13–P 

FEDERAL TRADE COMMISSION 

16 CFR Part 254 

Private Vocational and Distance 

Education Schools 

AGENCY: Federal Trade Commission 

(‘‘FTC’’ or ‘‘Commission’’). 

ACTION: Request for public comments. 

SUMMARY: As part of the Commission’s 

systematic review of all current FTC 

rules and guides, the Commission 

requests public comment on the overall 

costs, benefits, necessity, and regulatory 

and economic impact of the FTC’s 

guides for ‘‘Private Vocational and 

Distance Education Schools’’ 

(‘‘Vocational School Guides’’ or 

‘‘Guides’’). 

DATES: Written comments must be 

received by October 16, 2009. 

ADDRESSES: Interested parties are 

invited to submit written comments 

electronically or in paper form. 

Comments should refer to ‘‘Vocational 

School Guides Review, Matter No. 

P097701’’ to facilitate the organization 

of comments. Please note that your 

comment – including your name and 

your state – will be placed on the public 

record of this proceeding, including on 

the publicly accessible FTC Website, at 

(http://www.ftc.gov/os/ 

publiccomments.shtm). 

Because comments will be made 

public, they should not include any 

sensitive personal information, such as 

an individual’s Social Security Number; 

date of birth; driver’s license number or 

other state identification number, or 

foreign country equivalent; passport 

number; financial account number; or 

credit or debit card number. Comments 

also should not include any sensitive 

health information, such as medical 

records or other individually 

identifiable health information. In 

addition, comments should not include 

any ‘‘[t]rade secret or any commercial or 

financial information which is obtained 

from any person and which is privileged 

or confidential . . .’’ as provided in 

Section 6(f) of the Federal Trade 

Commission Act (‘‘FTC Act’’), 15 U.S.C. 

46(f), and FTC Rule 4.10(a)(2), 16 CFR 

4.10(a)(2). Comments containing 

material for which confidential 

treatment is requested must be filed in 

paper form, must be clearly labeled 

‘‘Confidential,’’ and must comply with 

FTC Rule 4.9(c), 16 CFR 4.9(c).1

Because paper mail addressed to the 

FTC is subject to delay due to 

heightened security screening, please 

consider submitting your comments in 

electronic form. Comments filed in 

electronic form should be submitted by 

using the following weblink: (https:// 

secure.commentworks.com/ftcVocationalSchoolGuides), and following 

the instructions on the web-based form. 

To ensure that the Commission 

considers an electronic comment, you 

must file it on the web-based form at the 

weblink (https:// 

secure.commentworks.com/ftcVocationalSchoolGuides). If this Notice 

appears at (http://www.regulations.gov/ 

search/index.jsp), you may also file an 

electronic comment through that 

website. The Commission will consider 

all comments that regulations.gov 

forwards to it. You may also visit the 

FTC Website at (http://www.ftc.gov) to 

read the Notice and the news release 

describing it. 

A comment filed in paper form 

should include the ‘‘Vocational School 

Guides Review, Matter No. P097701’’ 

reference both in the text and on the 

envelope, and should be mailed or 

delivered to the following address: 

Federal Trade Commission, Office of the 

Secretary, Room H-135 (Annex V), 600 

Pennsylvania Avenue, NW, Washington, 

DC 20580. The FTC is requesting that 

any comment filed in paper form be sent 

by courier or overnight service, if 

possible, because U.S. postal mail in the 

Washington area and at the Commission 

is subject to delay due to heightened 

security precautions. 

The FTC Act and other laws the 

Commission administers permit the 

collection of public comments to 

consider and use in this proceeding as 

appropriate. The Commission will 

consider all timely and responsive 

public comments that it receives, 

whether filed in paper or electronic 

form. Comments received will be 

available to the public on the FTC 

Website, to the extent practicable, at 

(http://www.ftc.gov/os/ 

publiccomments.shtm). As a matter of 

discretion, the Commission makes every 

effort to remove home contact 

information for individuals from the 

public comments it receives before 

placing those comments on the FTC 

Website. More information, including 

routine uses permitted by the Privacy 

Act, may be found in the FTC’s privacy 

policy, at (http://www.ftc.gov/ftc/ 

privacy.shtm). 

FOR FURTHER INFORMATION CONTACT: Julie 

A. Lady, (216) 263-3409, Staff Attorney, 

East Central Region, Federal Trade 

Commission, 1111 Superior Avenue, 

Suite 200, Cleveland, Ohio 44114. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Vocational School Guides are 

intended to advise proprietary 

businesses offering vocational training 

courses, either on the school’s premises 

or through distance education, how to 

avoid unfair or deceptive practices in 

connection with the advertising, 

promotion, marketing, or sale of their 

courses or programs. The Commission 

promulgated the Guides (then titled the 

‘‘Guides for Private Vocational and 

Home Study Schools’’) in May 1972. 

The guides became effective on August 

14, 1972. (37 FR 9665 (May 16, 1972)). 

The Commission amended the Guides 

effective October 9, 1998. These 

amendments added a provision 

addressing misrepresentations related to 

post-graduation employment. In order to 

streamline the Guides, certain 

provisions not specific to vocational 

schools and a section suggesting 

affirmative disclosures were deleted.2

(62 FR 19703 (Aug. 10, 1998) as 

amended at 63 FR 72350 (Dec. 31, 

1998)). 

The Vocational School Guides 

address misrepresentations in the 

description of a school including 

misrepresentations that the school is 

affiliated with the government or is an 

employment agency. The Guides also 

address misleading representations 

related to the accreditation and approval 


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