45574 Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Proposed Rules 

§ 970.94 Effect of termination or 

amendment. 

Unless otherwise expressly provided 

by the Secretary, the termination of this 

part or any regulation issued pursuant 

thereto, or the issuance of any 

amendment to either thereof, shall not: 

(a) Affect or waive any right, duty, 

obligation, or liability which shall have 

arisen or which may thereafter arise, in 

connection with any provisions of this 

part or any regulation issued 

thereunder; 

(b) Release or extinguish any violation 

of this part or any regulation issued; or 

(c) Affect or impair any rights or 

remedies of the Secretary, or of any 

other persons, with respect to such 

violation. 

§ 970.95 Amendments. 

Amendments to this part may be 

proposed from time to time by the 

Committee, or by any interested person 

affected by its provisions, including the 

Secretary. 

§ 970.96 Counterparts. 

This agreement may be executed in 

multiple counterparts and, when one 

counterpart is signed by the Secretary, 

all such counterparts shall constitute, 

when taken together, one and the same 

instrument as if all signatures were 

contained in one original. 

§ 970.97 Additional parties. 

After the effective date of the 

agreement, any non-signatory handler 

may become a party hereto if a 

counterpart is executed by him or her 

and delivered to the Secretary. This 

agreement shall take effect as to such 

new contracting party at the time such 

counterpart is delivered to the 

Secretary. The obligations, benefits, 

privileges, and immunities conferred by 

this agreement shall then be effective as 

to such new contracting party. 

§ 970.98 Withdrawal. 

Release from this agreement may be 

obtained, provided that a signatory 

handler is not in violation of the 

provisions of this agreement and has 

fulfilled all of his or her obligations, 

including payment of any assessments 

or charges levied pursuant to this 

agreement, under any of the following 

conditions: 

(a) A signatory handler may file with 

the Committee a written request for 

withdrawal at the close of a crop year, 

effective for the succeeding crop year. 

(b) Immediate withdrawal may be 

effectuated when a signatory handler 

ceases to be a handler of leafy green 

vegetables or products and gives notice 

thereof to the Committee in writing. 

Dated: August 31, 2009. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E9–21295 Filed 9–2–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–0677; Airspace 

Docket No. 09–AGL–17] 

Proposed Amendment of Class E 

Airspace; Mankato, MN 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

amend Class E airspace at Mankato, MN. 

Additional controlled airspace is 

necessary to accommodate new 

Standard Instrument Approach 

Procedures (SIAPs) at Mankato Regional 

Airport, Mankato, MN. The FAA is 

taking this action to enhance the safety 

and management of Instrument Flight 

Rules (IFR) operations for SIAPs at 

Mankato Regional Airport. 

DATES: Comments must be received on 

or before October 19, 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– 

0677/Airspace Docket No. 09–AGL–17, 

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–2009–0677/Airspace 

Docket No. 09–AGL–17.’’ 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 Class 

E airspace extending upward from 700 

feet above the surface for SIAPs 

operations at Mankato Regional Airport, 

Mankato, MN. Controlled airspace is 

needed for the safety and management 

of IFR operations at the airport. 

Class E airspace areas are published 

in Paragraphs 6002 and 6005 of FAA 


sroberts on DSKD5P82C1PROD with PROPOSALS
Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Proposed Rules 45575 

Order 7400.9S, dated 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 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 

scope of that authority as it would add 

additional controlled airspace at 

Mankato Regional Airport, Mankato, 

MN. 

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, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

1. The authority citation for 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 FAA Order 7400.9S, 

Airspace Designations and Reporting 

Points, dated October 3, 2008, and 

effective October 31, 2008, is amended 

as follows: 

Paragraph 6002 Class E Airspace 

designated as surface areas. 

* * * * * 

AGL MN E2 Mankato, MN [Amended] 

Mankato Regional Airport, MN 

(Lat. 44°13′22′′ N., long. 93°55′10′′ W.) 

Mankato VOR/DME 

(Lat. 44°13′12′′ N., long. 93°54′45′′ W.) 

Within a 4.2-mile radius of Mankato 

Regional Airport and within 1.8 miles each 

side of the Mankato VOR/DME 167° radial 

extending from the 4.2-mile radius to 7 miles 

south of the VOR/DME; and within 2.7 miles 

each side of the Mankato VOR/DME 326° 

radial extending from the 4.2-mile radius to 

7 miles northwest of the VOR/DME. This 

Class E airspace is effective during the 

specific dates and times established in 

advance by a Notice to Airmen. The effective 

date and time will thereafter be continuously 

published in the Airport/Facility Directory. 

* * * * * 

Paragraph 6005 Class E Airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

AGL MN E5 Mankato, MN [Amended] 

Mankato Regional Airport, MN 

(Lat. 44°13′22′′ N., long. 93°55′10′′ W.) 

Immanuel-St. Joseph’s Hospital, MN 

Point In Space Coordinates 

(Lat. 44°09′48′′ N., long. 93°57′40′′ W) 

That airspace extending upward from 700 

feet above the surface within a 7-mile radius 

of Mankato Regional Airport, and within 2 

miles each side of the 047° bearing from the 

airport extending from the 7-mile radius to 8 

miles northeast of the airport; and within 4 

miles each side of the 020° bearing from the 

airport extending from the 7-mile radius to 

11 miles north of the airport; and within a 

6-mile radius of the point in space serving 

Immanuel-St. Joseph’s Hospital. 

* * * * * 

Issued in Fort Worth, TX, on August 25, 

2009. 

Ronnie L. Uhlenhaker, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. E9–21266 Filed 9–2–09; 8:45 am] 

BILLING CODE 4901–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–0696; Airspace 

Docket No. 09–AGL–18] 

Proposed Amendment of Class E 

Airspace; West Branch, MI 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

amend Class E airspace at West Branch, 

MI. Additional controlled airspace is 

necessary to accommodate new 

Standard Instrument Approach 

Procedures (SIAPs) at West Branch 

Community Airport, West Branch, MI. 

The FAA is taking this action to 

enhance the safety and management of 

Instrument Flight Rules (IFR) operations 

for SIAPs at West Branch Community 

Airport. 

DATES: Comments must be received on 

or before October 19, 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– 

0696/Airspace Docket No. 09–AGL–18, 

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 


sroberts on DSKD5P82C1PROD with PROPOSALS