Federal Register / Vol. 74, No. 165 / Thursday, August 27, 2009 / Proposed Rules 43647 

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. 

You can find our regulatory 

evaluation and the estimated costs of 

compliance 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: 

Learjet: Docket No. FAA–2009–0719; 

Directorate Identifier 2009–NM–078–AD. 

Comments Due Date 

(a) We must receive comments by October 

13, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Learjet Model 45 

airplanes, certificated in any category, serial 

numbers 45–005 through 45–321 inclusive, 

45–323 through 45–332 inclusive, and 45– 

2001 through 45–2075 inclusive. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 52: Doors, and ATA Code 25: 

Equipment/Furnishings. 

Unsafe Condition 

(e) This AD results from reports of 

incorrect external baggage door seal material 

and door seal sealant, as well as incorrect 

sealant on interior baggage panels used 

during manufacture of the airplane. The 

Federal Aviation Administration is issuing 

this AD to prevent the use of door seals and 

sealant that do not meet flammability 

requirements, which could result in an 

uncontrollable and undetected fire within the 

baggage compartment. 

Compliance 

(f) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Inspection of Red Room Temperature 

Vulcanizing (RTV) Sealant in Aft Baggage 

Bay 

(g) For airplanes having serial numbers 45– 

005 through 45–314 inclusive and 45–2001 

through 45–2065 inclusive: Within 300 flight 

hours after the effective date of this AD, do 

a general visual inspection of the outer 

surfaces of the fiberglass doublers for the 

presence of red RTV sealant, in accordance 

with the Accomplishment Instructions in 

Bombardier Service Bulletin 45–25–21, 

Revision 1, dated January 19, 2009; or 40–25– 

11, Revision 1, dated January 19, 2009; as 

applicable. If any red RTV sealant is found, 

before further flight, replace the sealant in 

accordance with the Accomplishment 

Instructions in Bombardier Service Bulletin 

45–25–21, Revision 1, dated January 19, 

2009; or 40–25–11, Revision 1, dated January 

19, 2009; as applicable. 

Note 1: For the purposes of this AD, a 

general visual inspection is: ‘‘A visual 

examination of an interior or exterior area, 

installation, or assembly to detect obvious 

damage, failure, or irregularity. This level of 

inspection is made from within touching 

distance unless otherwise specified. A mirror 

may be necessary to ensure visual access to 

all surfaces in the inspection area. This level 

of inspection is made under normally 

available lighting conditions such as 

daylight, hangar lighting, flashlight, or 

droplight and may require removal or 

opening of access panels or doors. Stands, 

ladders, or platforms may be required to gain 

proximity to the area being checked.’’ 

Inspection of Baggage Bay Door Fire Barrier 

Seal 

(h) For all airplanes: Within 300 flight 

hours after the effective date of this AD, do 

a general visual inspection of the baggage bay 

door fire barrier seal for the presence of metal 

inconel mesh in the material, and do all 

applicable related investigative and 

corrective actions, in accordance with the 

Accomplishment Instructions in Bombardier 

Service Bulletin 45–52–16, Revision 1, dated 

July 21, 2008; or 40–52–07, Revision 1, dated 

July 21, 2008; as applicable. Do all applicable 

related investigative and corrective actions 

before further flight in accordance with the 

Accomplishment Instructions in Bombardier 

Service Bulletin 45–52–16, Revision 1, dated 

July 21, 2008; or 40–52–07, Revision 1, dated 

July 21, 2008; as applicable. 

Alternative Methods of Compliance 

(AMOCs) 

(i)(1) The Manager, Wichita Aircraft 

Certification Office (ACO), 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: 

William Griffith, Aerospace Engineer, 

Airframe Branch, ACE–118W, FAA, Wichita 

ACO, 1801 Airport Road, Room 100, MidContinent Airport, Wichita, Kansas 67209; 

telephone (316) 946–4116; fax (316) 946– 

4107. 

(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. 

Issued in Renton, Washington, on August 

18, 2009. 

Stephen P. Boyd, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–20637 Filed 8–26–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–0200; Airspace 

Docket No. 09–AAL–5] 

Proposed Establishment of Class E 

Airspace; Elim, AK 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This action proposes to 

establish Class E airspace at the Elim 

Airport at Elim, AK. Two Standard 

Instrument Approach Procedures 

(SIAPs) are being developed for the Elim 

Airport at Elim, AK. Additionally, one 

textual Obstacle Departure Procedure 

(ODP) and a Standard Instrument 

Departure Procedure (SID) are being 

developed. Adoption of this proposal 

would result in establishing Class E 

airspace upward from 700 feet (ft.) and 

1,200 ft. above the surface at the Elim 

Airport at Elim, AK. 

DATES: Comments must be received on 

or before October 13, 2009. 

ADDRESSES: Send comments on the 

proposal to the Docket Management 

Facility, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., West Building Ground 

Floor, Room W12–140, Washington, DC 

20590–0001. You must identify the 

docket number FAA–2009–0200/ 

Airspace Docket No. 09–AAL–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 

plaza level of the Department of 


srobinson on DSKHWCL6B1PROD with PROPOSALS
43648 Federal Register / Vol. 74, No. 165 / Thursday, August 27, 2009 / Proposed Rules 

Transportation NASSIF Building at the 

above address. 

An informal docket may also be 

examined during normal business hours 

at the office of the Manager, Safety, 

Alaska Flight Service Operations, 

Federal Aviation Administration, 222 

West 7th Avenue, Box 14, Anchorage, 

AK 99513–7587. 

FOR FURTHER INFORMATION CONTACT: Gary 

Rolf, Federal Aviation Administration, 

222 West 7th Avenue, Box 14, 

Anchorage, AK 99513–7587; telephone 

number (907) 271–5898; fax: (907) 271– 

2850; e-mail: gary.ctr.rolf@faa.gov. 

Internet address: http://www.faa.gov/ 

about/office_org/headquarters_offices/ 

ato/service_units/systemops/fs/alaskan/ 

rulemaking/. 

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–2009–0200/Airspace 

Docket No. 09–AAL–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 notice 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 Notice of Proposed 

Rulemakings (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, 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 

The FAA is considering an 

amendment to Title 14 Code of Federal 

Regulations (14 CFR) part 71, which 

would establish Class E airspace at the 

Elim Airport, Elim, AK. The intended 

effect of this proposal is to establish 

Class E airspace upward from 700 ft. 

and 1,200 ft. above the surface to 

contain Instrument Flight Rules (IFR) 

operations at the Elim Airport, Elim, 

AK. 

The FAA Instrument Flight 

Procedures Production and 

Maintenance Branch has created two 

new SIAPs for the Elim Airport, one 

textual ODP and one SID. The SIAPs are 

(1) the Area Navigation (RNAV) Global 

Positioning System (GPS) Runway 

(RWY) 01, Original and (2) the RNAV 

(GPS) RWY 19, Original. The SID is the 

ELIM ONE RNAV Sid. Textual ODPs are 

unnamed and are published in the front 

of the U.S. Terminal Procedures for 

Alaska. Class E controlled airspace 

extending upward from 700 ft. and 

1,200 ft. above the surface in the Elim 

Airport area would be established by 

this action. The proposed airspace is 

sufficient in size to contain aircraft 

executing the instrument procedures at 

the Elim Airport, Elim, AK. 

The Class E airspace areas designated 

as 700/1200 foot transition areas are 

published in paragraph 6005 in FAA 

Order 7400.9S, Airspace Designations 

and Reporting Points, signed October 3, 

2008, and effective October 31, 2008, 

which is incorporated by reference in 14 

CFR 71.1. The Class E airspace 

designations listed in this document 

would be subsequently published 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 United States 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 1, Section 

40103, Sovereignty and use of airspace. 

Under that section, the FAA is charged 

with prescribing regulations to ensure 

the safe and efficient use of the 

navigable airspace. This regulation is 

within the scope of that authority 

because it proposes to establish Class E 

airspace at Elim Airport, Elim, AK, and 

represents the FAA’s continuing effort 

to safely and efficiently use the 

navigable airspace. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 71 as 

follows: 

PART 71—DESIGNATION OF CLASS A, 

CLASS B, CLASS C, CLASS D, AND 

CLASS E AIRSPACE AREAS; 

AIRWAYS; 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 Federal Aviation 

Administration Order 7400.9S, Airspace 

Designations and Reporting Points, 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 74, No. 165 / Thursday, August 27, 2009 / Proposed Rules 43649 

signed October 3, 2008, and effective 

October 31, 2008, is to be amended as 

follows: 

* * * * * 

Paragraph 6005 Class E Airspace Extending 

Upward from 700 Feet or More Above the 

Surface of the Earth. 

* * * * * 

AAL AK E5 Elim, AK [New] 

Elim Airport, Elim, AK 

(Lat. 64°36′54′′ N., Long. 162°16′14′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.8-mile 

radius of the Elim Airport, AK, and within 

3.7 miles either side of the 015° bearing from 

the Elim Airport, AK, extending from the 6.8- 

mile radius to 12.6 miles north of the Elim 

Airport, AK; and that airspace extending 

upward from 1,200 feet above the surface 

within a 74-mile radius of the Elim Airport, 

AK. 

* * * * * 

Issued in Anchorage, AK, on August 20, 

2009. 

Anthony M. Wylie, 

Manager, Alaska Flight Services Information 

Area Group. 

[FR Doc. E9–20727 Filed 8–26–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF DEFENSE 

Department of the Army; Corps of 

Engineers 

33 CFR Part 334 

Disestablishment of Restricted Area 

for Pascagoula Naval Station, 

Pascagoula, MS 

AGENCY: U.S. Army Corps of Engineers, 

DoD. 

ACTION: Proposed rule. 

SUMMARY: The U.S. Navy (USN) 

requested that the U.S. Army Corps of 

Engineers (Corps) disestablish the 

restricted area at the former Naval 

Station Pascagoula in Pascagoula, 

Mississippi. The restricted area was 

established on November 9, 1992. The 

purpose of the restricted area was to 

reduce safety hazards and security risks 

and protect persons and property from 

dangers encountered in the area. As a 

result of the 2005 Base Realignment and 

Closure Act, the Naval Station was 

closed on June 1, 2007, and the property 

transferred to the State of Mississippi. In 

the ‘‘Rules and Regulations’’ section of 

Federal Register, we are publishing the 

restricted area disestablishment as a 

direct final rule without prior proposal 

because we view this as a noncontroversial adjustment to our 

restricted area regulations and 

anticipate no adverse comment. We 

have explained our reasons for this 

approval in the preamble to the direct 

final rule. If we receive no adverse 

comment, we will not take further 

action on this rule and it will go into 

effect. If we receive adverse comment, 

we will withdraw the direct final rule 

and it will not take effect. We will 

address all public comments in a 

subsequent final rule based on this 

proposed rule. We will not institute a 

second comment period on this action. 

Any parties interested in commenting 

must do so at this time. 

DATES: Written comments must be 

received by September 28, 2009. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David Olson, Headquarters, Operations 

and Regulatory Community of Practice, 

Washington, DC at 202–761–4922 or Mr. 

John B. McFadyen, U.S. Army Corps of 

Engineers, Mobile District, at 251–690– 

3222. 

SUPPLEMENTARY INFORMATION: This 

document concerns the 

‘‘Disestablishment of Restricted Area for 

Pascagoula Naval Station, Pascagoula, 

MS’’ rule. For further information, 

including instructions on how to submit 

comments, please see the information 

provided in the direct final rule that is 

located in the ‘‘Rules and Regulations’’ 

section of this Federal Register 

publication. 

Dated: August 14, 2009. 

Michael G. Ensch, 

Chief, Operations, Directorate of Civil Works. 

[FR Doc. E9–20292 Filed 8–26–09; 8:45 am] 

BILLING CODE 3710–92–P 

ARMED FORCES RETIREMENT HOME 

38 CFR Part 200 

[Docket No. AFRH 2009–01] 

RIN 3030–ZA00 

Compliance With the National 

Environmental Policy Act 

AGENCY: Armed Forces Retirement 

Home. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Armed Forces Retirement 

Home (AFRH) proposes regulations 

establishing policy and assigning 

responsibilities for implementing the 

National Environmental Policy Act 

(NEPA) of 1969, related laws, executive 

orders, and regulations in the decisionmaking process of the AFRH. These 

regulations were developed to comply 

with Section 103 of 42 U.S.C. 4321. 

DATES: Submit comments on or before 

October 1, 2009. 

ADDRESSES: You may submit comments, 

identified by AFRH 2009–01, by any of 

the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Timothy Cox, COO, AFRH, 

3700 N. Capitol St., NW., P.O. Box 1303, 

Washington, DC 20011–8400. 

• Hand Delivery/Courier: Timothy 

Cox, COO, AFRH, 3700 N. Capitol St., 

NW., Washington, DC 20011. 

FOR FURTHER INFORMATION CONTACT: Joe 

Woo, Master Planner, (202) 730–3445. 

SUPPLEMENTARY INFORMATION: This 

proposed rule is not a major rule for the 

purposes of Executive Order 12866. As 

required by the Regulatory Flexibility 

Act, AFRH certifies that this proposed 

rule will not have a significant impact 

on small business entities. 

This proposed rule will set out 

environmental policy for the Armed 

Forces Retirement Home (AFRH) and 

provide direction for carrying out the 

procedural requirements of the National 

Environmental Policy Act. These 

regulations were developed to comply 

with Section 103 of 42 U.S.C. 4321. 

Electronic Access and Filing 

You may submit comments by 

sending electronic mail (E-mail) to: 

Tim.Sheckler@gsa.gov. Include RIN 

number in the subject line of the 

message. You may also fax comments to 

202–205–5295, Attn: Mr. Tim Scheckler. 

Instructions 

All submissions received must 

include the agency name and document 

number for this rulemaking. 

Docket 

For access to the docket to read 

background documents or comments 

received, go to 3700 North Capitol 

Street, NW., Washington, DC 20011. 

List of Subjects in 38 CFR Part 200 

Compliance with the National 

Environmental Policy Act. 

For the reasons stated in the 

preamble, the Armed Forces Retirement 

Home (AFRH) proposes to amend 38 

CFR Chapter II by adding Part 200 to 

read as follows: 

PART 200—COMPLIANCE WITH THE 

NATIONAL ENVIRONMENTAL POLICY 

ACT 

Sec. 

200.1 Purpose. 

200.2 Background. 

200.3 Responsibilities. 

200.4 Implementation of NEPA and related 

authorities. 

200.5 Coordination with other authorities. 

200.6 Public involvement. 


srobinson on DSKHWCL6B1PROD with PROPOSALS