46890 Federal Register / Vol. 74, No. 176 / Monday, September 14, 2009 / Rules and Regulations 

British Aerospace Jetstream Series 3100 and 

3200 Alert Service Bulletin 32–A–JA090640, 

Revision 2, dated August 11, 2009, are 

installed. 

(2) If as a result of the inspection required 

in paragraph (f)(1) of this AD you find one 

of the affected P/N MLG radius rods installed 

on the airplane, before further flight, install 

one of the following MLG radius rods: 

(i) A serviceable MLG radius rod that is not 

in one of the following P/N ranges: 1847/D 

through 1847/N or 1862/D through 1862/N; 

or 

(ii) An affected P/N MLG radius rod that 

has already been inspected following APPH 

Ltd. Service Bulletin 1847–32–14 or 1862– 

32–14, as applicable, both dated June 2009, 

and found to be serviceable. 

(3) As of October 5, 2009 (the effective date 

of this AD), do not install an affected part 

number MLG radius rod unless it has been 

inspected following APPH Ltd. Service 

Bulletin 1847–32–14 or 1862–32–14, as 

applicable, both dated June 2009, and found 

to be serviceable. 

Note 1: The inspection requirements of 

paragraph (f)(3) above apply to any 

replacement required per AD 2007–21–17. 

(4) Within 30 days after the inspection 

required in paragraph (f)(1) of this AD, send 

an Accomplishment (Inspection) Report to 

BAE Systems following the instructions in 

paragraph 2.C of British Aerospace Jetstream 

Series 3100 and 3200 Alert Service Bulletin 

32–A–JA090640, Revision 2, dated August 

11, 2009. Include the details of any radius 

rods removed. 

FAA AD Differences 

Note 2: This AD differs from the MCAI 

and/or service information as follows: No 

differences. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Standards 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: Taylor Martin, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4138; fax: (816) 329– 

4090. Before using any approved AMOC on 

any airplane to which the AMOC applies, 

notify your appropriate principal inspector 

(PI) in the FAA Flight Standards District 

Office (FSDO), or lacking a PI, your local 

FSDO. 

(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 FAA-approved 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 

(44 U.S.C. 3501 et seq.), the Office of 

Management and Budget (OMB) has 

approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Special Flight Permit 

(h) Under 14 CFR 39.23, we are limiting 

special flight permits for the purpose of 

compliance with this AD under the following 

conditions: 

(1) Operate the airplane only with the MLG 

in the down and verified locked position 

throughout the entire flight; and 

(2) Coordinate additional flight restrictions 

with British Aerospace Regional Aircraft 

using the contact information provided in 

paragraph (j)(2) of this AD. 

Related Information 

(i) Refer to MCAI EASA Emergency AD No. 

2009–0181–E, dated August 12, 2009; British 

Aerospace Jetstream Series 3100 and 3200 

Alert Service Bulletin 32–A–JA090640, 

Revision 2, dated August 11, 2009 (includes 

an attached Accomplishment Report); and 

APPH Ltd. Service Bulletins 1847–32–14 and 

1862–32–14, both dated June 2009, for 

related information. 

Material Incorporated by Reference 

(j) You must use British Aerospace 

Jetstream Series 3100 and 3200 Alert Service 

Bulletin 32–A–JA090640, Revision 2, dated 

August 11, 2009 (includes an attached 

Accomplishment Report); and APPH Ltd. 

Service Bulletins 1847–32–14 and 1862–32– 

14, both dated June 2009, to do the actions 

required by this AD, unless the AD specifies 

otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

British Aerospace Jetstream Series 3100 and 

3200 Alert Service Bulletin 32–A–JA090640, 

Revision 2, dated August 11, 2009 (includes 

an attached Accomplishment Report) under 5 

U.S.C. 552(a) and 1 CFR part 51. 

(2) On June 26, 2009 (74 FR 29936, June 

24, 2009), the Director of the Federal Register 

previously approved the incorporation by 

reference of APPH Ltd. Service Bulletins 

1847–32–14 and 1862–32–14, both dated 

June 2009. 

(3) For service information identified in 

this AD, contact BAE Systems (Operations) 

Ltd., Customer Information Department, 

Prestwick International Airport, Ayrshire, 

KA9 2RW, Scotland, United Kingdom; 

telephone: +44 1292 675207; fax: +44 1292 

675704; e-mail: 

RApublications@baesystems.com; Internet: 

http://www.baesystems.com/Capabilities/ 

Air/. 

(4) You may review copies of the service 

information incorporated by reference for 

this AD at the FAA, Central Region, Office of 

the Regional Counsel, 901 Locust, Kansas 

City, Missouri 64106. For information on the 

availability of this material at the Central 

Region, call (816) 329–3768. 

(5) You may also review copies of the 

service information incorporated by reference 

for this AD at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call (202) 741–6030, or go 

to: http://www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Kansas City, Missouri on 

September 1, 2009. 

Kim Smith, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. E9–21741 Filed 9–11–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–0604; Airspace 

Docket No. 09–ASO–18] 

Establishment of Class E Airspace; 

Tompkinsville, KY 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule; request for 

comments. 

SUMMARY: This action establishes Class 

E Airspace at Tompkinsville, KY. 

Airspace is needed to support new Area 

Navigation (RNAV) Global Positioning 

System (GPS) Standard Instrument 

Approach Procedures (SIAPs) that have 

been developed for TompkinsvilleMonroe County Airport. As a result, 

controlled airspace extending upward 

from 700 feet Above Ground Level 

(AGL) is needed to contain the SIAP and 

for Instrument Flight Rule (IFR) 

operations at the airport. The operating 

status of the airport will change from 

Visual Flight Rules (VFR) to include IFR 

operations concurrent with the 

publication of the SIAP. This action 

enhances the safety and airspace 

management of Tompkinsville-Monroe 

County Airport, Tompkinsville, KY. 

DATES: Effective 0901 UTC, December 

17, 2009. The Director of the Federal 

Register approves this incorporation by 

reference action under Title 1, Code of 

Federal Regulations, part 51, subject to 

the annual revision of FAA Order 

7400.9 and publication of conforming 

amendments. Comments for inclusion 

in the Rules Docket must be received on 

or before October 29, 2009. 

ADDRESSES: Send comments on this rule 

to: U.S. Department of Transportation, 

Docket Operations, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Ave., SE., Washington, DC 

20590–0001; Telephone: 1–800–647– 

5527; Fax: 202–493–2251. You must 

identify the Docket Number FAA–2009– 

0604; Airspace Docket No. 09–ASO–18, 

at the beginning of your comments. You 

may also submit and review received 

comments through the Internet at 

http://www.regulations.gov. 


cprice-sewell on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 74, No. 176 / Monday, September 14, 2009 / Rules and Regulations 46891 

You may review the public docket 

containing the rule, any comments 

received, and any final disposition in 

person in the Dockets Office (see 

ADDRESSES section for 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 office of the 

Eastern Service Center, Federal Aviation 

Administration, Room 210, 1701 

Columbia Avenue, College Park, Georgia 

30337. 

FOR FURTHER INFORMATION CONTACT: 

Melinda Giddens, Operations Support 

Group, Eastern Service Center, Federal 

Aviation Administration, P.O. Box 

20636, Atlanta, Georgia 30320; 

telephone (404) 305–5610. 

SUPPLEMENTARY INFORMATION: 

The Direct Final Rule Procedure 

The FAA anticipates that this 

regulation will not result in adverse or 

negative comments, and, therefore, 

issues it as a direct final rule. The FAA 

has determined that this rule only 

involves an established body of 

technical regulations for which frequent 

and routine amendments are necessary 

to keep them operationally current. 

Unless a written adverse or negative 

comment or a written notice of intent to 

submit an adverse or negative comment 

is received within the comment period, 

the regulation will become effective on 

the date specified above. After the close 

of the comment period, the FAA will 

publish a document in the Federal 

Register indicating that no adverse or 

negative comments were received and 

confirming the effective date. If the FAA 

receives, within the comment period, an 

adverse or negative comment, or written 

notice of intent to submit such a 

comment, a document withdrawing the 

direct final rule will be published in the 

Federal Register, and a notice of 

proposed rulemaking may be published 

with a new comment period. 

Comments Invited 

Although this action is in the form of 

a direct final rule, and was not preceded 

by a notice of proposed rulemaking, 

interested persons are invited to 

comment on this rule by submitting 

such written data, views, or arguments 

as they may desire. An electronic copy 

of this document may be downloaded 

from and comments may be submitted 

and reviewed 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. 

Communications should identify both 

docket numbers and be submitted in 

triplicate to the address specified under 

the caption ADDRESSES above or through 

the Web site. All communications 

received on or before the closing date 

for comments will be considered, and 

this rule may be amended or withdrawn 

in light of the comments received. 

Comments are specifically invited on 

the overall regulatory, economic, 

environmental, and energy aspects of 

the rule that might suggest a need to 

modify the rule. Factual information 

that supports the commenter’s idea and 

suggestions is extremely helpful in 

evaluating the effectiveness of this 

action and determining whether 

additional rulemaking action would be 

needed. All comments submitted will be 

available, both before and after the 

closing date for comments, in the Rules 

Docket for examination by interested 

persons. Those wishing the FAA to 

acknowledge receipt of their comments 

submitted in response to this rule must 

submit a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket No. FAA–2009–0604; Airspace 

Docket No. 09–ASO–18.’’ The postcard 

will be date stamped and returned to the 

commenter. 

The Rule 

This amendment to Title 14, Code of 

Federal Regulations (14 CFR) part 71 

establishes Class E airspace at 

Tompkinsville, KY, to provide 

controlled airspace required to support 

the Approach Procedures (SIAPs) that 

have been developed for TompkinsvilleMonroe County Airport. Designations 

for Class E airspace areas extending 

upward from 700 feet or more above the 

surface of the Earth are published in 

FAA Order 7400.9S, dated October 3, 

2008, and effective October 31, 2008, 

which is incorporated by reference in 14 

CFR part 71.1. The Class E designations 

listed in this document will be 

published subsequently in the Order. 

Agency Findings 

The regulations adopted herein will 

not have substantial direct effects on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among various levels of 

government. Therefore, it is determined 

that this direct final rule does not have 

federalism implications under Executive 

Order 13132. 

The FAA has determined that this 

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 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. 

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 establishes Class E airspace at 

Tompkinsville, KY. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (Air). 

Adoption of the Amendment 

■ In consideration of the foregoing, the 

Federal Aviation Administration 

amends 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 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, 

signed October 3, 2008, effective 

October 31, 2008, is amended as 

follows: 


cprice-sewell on DSK2BSOYB1PROD with RULES
46892 Federal Register / Vol. 74, No. 176 / Monday, September 14, 2009 / Rules and Regulations 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

ASO KY E5 Tompkinsville, KY [NEW] 

Tompkinsville-Monroe County Airport, KY 

(Lat. 36°43′45′′ N., long. 85°39′09′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.4-mile 

radius of the Tompkinsville-Monroe County 

Airport. 

* * * * * 

Issued in College Park, Georgia, on August 

17, 2009. 

Barry A. Knight, 

Manager, Operations Support Group, Eastern 

Service Center, Air Traffic Organization. 

[FR Doc. E9–21833 Filed 9–11–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–0705; Airspace 

Docket No. 09–ASO–25] 

Establishment of Class E Airspace; 

Hertford, NC 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule; request for 

comments. 

SUMMARY: This action establishes Class 

E Airspace at Hertford, NC. Airspace is 

needed to support new Area Navigation 

(RNAV) Global Positioning System 

(GPS) Standard Instrument Approach 

Procedures (SIAPs) that have been 

developed for Harvey Point Defense 

Testing Activity. As a result, controlled 

airspace extending upward from 700 

feet Above Ground Level (AGL) is 

needed to contain the SIAP and for 

Instrument Flight Rule (IFR) operations 

at the airport. The operating status of 

the airport will change from Visual 

flight Rules (VFR) to include IFR 

operations concurrent with the 

publication of the SIAP. This action 

enhances the safety and airspace 

management of Harvey Point Defense 

Testing Activity, Hertford, NC. 

DATES: Effective 0901 UTC, December 

17, 2009. The Director of the Federal 

Register approves this incorporation by 

reference action under Title 1, Code of 

Federal Regulations, part 51, subject to 

the annual revision of FAA Order 

7400.9 and publication of conforming 

amendments. Comments for inclusion 

in the Rules Docket must be received on 

or before October 29, 2009. 

ADDRESSES: Send comments on this rule 

to: U.S. Department of Transportation, 

Docket Operations, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Ave., SE., Washington, DC 

20590–0001; Telephone: 1–800–647– 

5527; Fax: 202–493–2251. You must 

identify the Docket Number FAA–2009– 

0705; Airspace Docket No. 09–ASO–25, 

at the beginning of your comments. You 

may also submit and review received 

comments through the Internet at 

http://www.regulations.gov. 

You may review the public docket 

containing the rule, any comments 

received, and any final disposition in 

person in the Dockets Office (see 

ADDRESSES section for 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 office of the 

Eastern Service Center, Federal Aviation 

Administration, Room 210, 1701 

Columbia Avenue, College Park, Georgia 

30337. 

FOR FURTHER INFORMATION CONTACT: 

Melinda Giddens, Operations Support 

Group, Eastern Service Center, Federal 

Aviation Administration, P.O. Box 

20636, Atlanta, Georgia 30320; 

telephone (404) 305–5610. 

SUPPLEMENTARY INFORMATION: 

The Direct Final Rule Procedure 

The FAA anticipates that this 

regulation will not result in adverse or 

negative comments, and, therefore, 

issues it as a direct final rule. The FAA 

has determined that this rule only 

involves an established body of 

technical regulations for which frequent 

and routine amendments are necessary 

to keep them operationally current. 

Unless a written adverse or negative 

comment or a written notice of intent to 

submit an adverse or negative comment 

is received within the comment period, 

the regulation will become effective on 

the date specified above. After the close 

of the comment period, the FAA will 

publish a document in the Federal 

Register indicating that no adverse or 

negative comments were received and 

confirming the effective date. If the FAA 

receives, within the comment period, an 

adverse or negative comment, or written 

notice of intent to submit such a 

comment, a document withdrawing the 

direct final rule will be published in the 

Federal Register, and a notice of 

proposed rulemaking may be published 

with a new comment period. 

Comments Invited 

Although this action is in the form of 

a direct final rule, and was not preceded 

by a notice of proposed rulemaking, 

interested persons are invited to 

comment on this rule by submitting 

such written data, views, or arguments 

as they may desire. An electronic copy 

of this document may be downloaded 

from and comments may be submitted 

and reviewed 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. 

Communications should identify both 

docket numbers and be submitted in 

triplicate to the address specified under 

the caption ADDRESSES above or through 

the Web site. All communications 

received on or before the closing date 

for comments will be considered, and 

this rule may be amended or withdrawn 

in light of the comments received. 

Comments are specifically invited on 

the overall regulatory, economic, 

environmental, and energy aspects of 

the rule that might suggest a need to 

modify the rule. Factual information 

that supports the commenter’s idea and 

suggestions is extremely helpful in 

evaluating the effectiveness of this 

action and determining whether 

additional rulemaking action would be 

needed. All comments submitted will be 

available, both before and after the 

closing date for comments, in the Rules 

Docket for examination by interested 

persons. Those wishing the FAA to 

acknowledge receipt of their comments 

submitted in response to this rule must 

submit a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket No. FAA–2009–0705; Airspace 

Docket No. 09–ASO–25.’’ The postcard 

will be date stamped and returned to the 

commenter. 

The Rule 

This amendment to Title 14, Code of 

Federal Regulations (14 CFR) part 71 

establishes Class E airspace at Hertford, 

NC, to provide controlled airspace 

required to support the Approach 

Procedures (SIAPs) that have been 

developed for Harvey Point Defense 

Testing Activity. Designations for Class 

E airspace areas extending upward from 

700 feet or more above the surface of the 

earth are published in 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 E designations listed in 

this document will be published 

subsequently in the Order. 


cprice-sewell on DSK2BSOYB1PROD with RULES