47150 Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Proposed Rules 

approved in accordance with the procedures 

specified in paragraph (j) of this AD. 

Optional Terminating Action for Repetitive 

Inspections 

(i) Installing an external repair doubler 

along the chem-milled steps at stringers S– 

1 and S–2 right, between STA 827 and STA 

847, constitutes terminating action for the 

repetitive inspections required by paragraph 

(g) of this AD for the repaired area only, 

provided all of the conditions specified in 

paragraphs (i)(1), (i)(2), and (i)(3) of this AD 

are met. The initial inspection required by 

paragraph (g) of this AD must be 

accomplished. 

(1) The repair is installed after September 

3, 2009; 

(2) The repair was approved by the FAA 

or by a Boeing Company Authorized 

Representative who was authorized by the 

FAA to make such findings; and 

(3) The repair extends a minimum of three 

rows of fasteners on each side of the chemmill line in the circumferential direction. 

Alternative Methods of Compliance 

(AMOCs) 

(j)(1) The Manager, Seattle 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: 

Wayne Lockett, Aerospace Engineer, 

Airframe Branch, ANM–120S, FAA, Seattle 

Aircraft Certification Office, 1601 Lind 

Avenue, SW., Renton, Washington 98057– 

3356; telephone (425) 917–6447; fax (425) 

917–6590. Or, e-mail information to 9-ANMSeattle-ACO-AMOC-Requests@faa.gov. 

(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. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required by this AD, if it is approved by an 

Authorized Representative for the Boeing 

Commercial Airplanes Delegation Option 

Authorization Organization who has been 

authorized by the Manager, Seattle ACO, to 

make those findings. For a repair method to 

be approved, the repair must meet the 

certification basis of the airplane and the 

approval must specifically refer to this AD. 

Issued in Renton, Washington, on 

September 4, 2009. 

Stephen P. Boyd, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–22081 Filed 9–14–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 73 

[Docket No. FAA–2009–0700; Airspace 

Docket No. 09–AWP–4] 

RIN 2120–AA66 

Proposed Modification of Restricted 

Areas and Other Special Use Airspace; 

Fallon, NV 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

amend the time of designation and 

using agency of nine restricted areas 

located in the vicinity of the Fallon 

Naval Air Station (NAS), Fallon, NV, as 

part of a Department of the Navy 

initiative to standardize the operating 

hours throughout the Fallon Airspace 

Complex. The times of use are being 

expanded to meet the critical need of 

the Navy for additional nighttime 

training, and the using agency changes 

are administrative in accordance with a 

Navy realignment of functions. 

Additionally, this action would modify 

the times of use of the four military 

operation areas (MOAs) in the Fallon 

Airspace Complex. Unlike restricted 

areas, which are designated under 14 

CFR part 73, MOAs are not rulemaking 

airspace actions. However, since the 

MOAs form an integral part of the 

Fallon Airspace Complex the FAA is 

also seeking comment on the proposed 

MOA changes through this NPRM. The 

MOA changes described here will also 

be published in the National Flight Data 

Digest (NFDD). The Navy requested 

these airspace changes to provide 

additional night training time to meet 

combat readiness requirements 

currently being carried out in 

accordance with 14 CFR 99.7. 

DATES: Comments must be received on 

or before October 30, 2009. 

ADDRESSES: Send comments on the 

proposal to the U.S. Department of 

Transportation, Dockets Operations, M– 

30, 1200 New Jersey Avenue, SE., West 

Building Ground Floor, Room W12–140, 

Washington, DC 20590–0001; telephone: 

(202) 366–9826. You must identify FAA 

docket No. FAA–2009–0700 and 

Airspace Docket No. 09–AWP–4, at the 

beginning of your comments. You may 

also submit comments on the Internet at 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Ken 

McElroy, Airspace and Rules Group, 

Office of System Operations Airspace 

and AIM, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone: (202) 267–8783. 

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 (FAA Docket No. FAA– 

2009–0700 and Airspace Docket No. 09– 

AWP–4) and be submitted in triplicate 

to the Federal Docket Management 

System (see 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–2009–0700 and 

Airspace Docket No. 09–AWP–4.’’ 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/publicaitons/ 

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 

ADDRESSES section for address and 


sroberts on DSKD5P82C1PROD with PROPOSALS
Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Proposed Rules 47151 

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 

Western Service Center, Operations 

Support Group, Federal Aviation 

Administration, 1601 Lind Avenue, 

SW., Renton, WA 98055. 

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. 

Background 

The Fallon Airspace Complex consists 

of nine restricted areas and four MOAs 

in the vicinity of the Fallon NAS, NV. 

Restricted areas are regulatory airspace 

designations, under Title 14 Code of 

Federal Regulations (CFR) part 73, 

which are established to confine or 

segregate activities considered 

hazardous to non-participating aircraft. 

A MOA is a non-rulemaking type of 

special use airspace (SUA) established 

to separate or segregate certain nonhazardous military flight activities from 

aircraft operating in accordance with 

instrument flight rules (IFR), and to 

identify for visual flight rules (VFR) 

pilots where those activities are 

conducted. IFR aircraft may be routed 

through an active MOA only when air 

traffic control can provide approved 

separation from the MOA activity. VFR 

pilots are not restricted from flying in an 

active MOA, but are advised to exercise 

caution while doing so. 

Unlike restricted areas, which are 

designated through rulemaking 

procedures, MOAs are non-rulemaking 

airspace areas that are established 

administratively and published in the 

NFDD. Normally, MOA proposals are 

not published in an NPRM, but instead, 

are advertised for public comment 

through a nonrule circular that is 

distributed by an FAA Service Center 

office to aviation interests in the 

affected area. However, when a nonrulemaking action is connected to a 

rulemaking action, FAA procedures 

allow for the non-rulemaking proposal 

to be included in the NPRM. In such 

cases, the NPRM replaces the nonrule 

circularization requirement. Because the 

proposed MOAs are an integral part of 

the Fallon Airspace Complex, they are 

being included in this NPRM. 

Approximately eighty percent of the 

current combat missions are flown at 

night. It is critical that forces train in 

realistic environments and the current 

times of use of the Fallon Airspace 

Complex does not adequately support 

the Navy’s needs. 

The proposed SUA changes are 

described in the following sections. 

Proposed MOA Changes 

Churchill Low MOA, NV 

Times of use. 0715 to 2245 Monday 

through Friday and 0800 to 1800 

Saturday; other times by NOTAM. 

Churchill High MOA, NV 

Times of use. 0715 to 2245 Monday 

through Friday and 0800 to 1800 

Saturday; other times by NOTAM. 

Ranch High MOA, NV 

Times of use. 0715 to 2245 Monday 

through Friday and 0800 to 1800 

Saturday; other times by NOTAM. 

Ranch MOA, NV 

Times of use. 0715 to 2245 Monday 

through Friday and 0800 to 1800 

Saturday; other times by NOTAM. 

The Proposal 

The FAA is proposing an amendment 

to 14 CFR part 73 to modify the 

designated times of use to restricted 

areas R–4803, Fallon; R–4804A & B, 

Twin Peaks; R–4810, Desert Mountain; 

R–4812, Sand Springs; R–4813A & B, 

Carson Sink; and R–4816 North & 

South, Dixie Valley, NV. These changes 

are part of the Fallon NAS proposal. 

Specifically, the FAA is proposing 

changing the current wording to include 

the phrase ‘‘other times by NOTAM’’. 

This would allow the Navy to train 

between 2330 hours and 0715 hours 

local to meet their training 

requirements. The Navy is currently 

meeting these night training 

requirements in accordance with 14 

CFR 99.7, Special Security Instructions. 

This action also would reflect the using 

agency name change to USN, Naval 

Strike and Air Warfare Center, Fallon, 

NV. 

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 Department of 

Transportation (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, 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 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 proposes to modify restricted area 

airspace at Fallon NAS, Fallon, NV. 

Environmental Review 

This proposal will be subjected to the 

appropriate environmental analysis in 

accordance with FAA Order 1050.1E, 

‘‘Environmental Impacts: Policies and 

Procedures,’’ prior to any FAA final 

regulatory action. 

List of Subjects in 14 CFR Part 73 

Airspace, Prohibited areas, Restricted 

areas. 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 73 as 

follows: 

PART 73—SPECIAL USE AIRSPACE 

1. The authority citation for part 73 

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. 

§ 73.48 [Amended] 

2. 73.48 is amended as follows: 

* * * * * 

R–4803 Fallon, NV [Amended] 

* * * * * 

By removing the current times of 

designation and using agency and 

substituting the following: 

Time of designation. 0715 to 2330 local 

time daily; other times by NOTAM. 

Using agency. USN, Naval Strike and Air 

Warfare Center, Fallon, NV. 

R–4804A Twin Peaks, NV [Amended] 

* * * * * 

By removing the current times of 

designation and using agency and 

substituting the following: 

Time of designation. 0715 to 2330 local 

time daily; other times by NOTAM. 


sroberts on DSKD5P82C1PROD with PROPOSALS
47152 Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Proposed Rules 

Using agency. USN, Naval Strike and Air 

Warfare Center, Fallon, NV. 

R–4804B Twin Peaks, NV [Amended] 

* * * * * 

By removing the current times of 

designation and using agency and 

substituting the following: 

Time of designation. Intermittent by 

NOTAM 0715 to 2330 local time daily; other 

times by NOTAM. 

Using agency. USN, Naval Strike and Air 

Warfare Center, Fallon, NV. 

* * * * * 

R–4810 Desert Mountains, NV [Amended] 

* * * * * 

By removing the current times of 

designation and using agency and 

substituting the following: 

Time of designation. 0715 to 2330 local 

time daily; other times by NOTAM 

Using agency. USN, Naval Strike and Air 

Warfare Center, Fallon, NV. 

* * * * * 

R–4812 Sand Springs, NV [Amended] 

By removing the current times of 

designation and using agency and 

substituting the following: 

Time of designation. 0715 to 2330 local 

time daily; other times by NOTAM 

Using agency. USN, Naval Strike and Air 

Warfare Center, Fallon, NV. 

R–4813A Carson Sink, NV [Amended] 

* * * * * 

By removing the current times of 

designation and using agency and 

substituting the following: 

Time of designation. 0715 to 2330 local 

time daily; other times by NOTAM 

Using agency. USN, Naval Strike and Air 

Warfare Center, Fallon, NV. 

R–4813B Carson Sink, NV [Amended] 

* * * * * 

By removing the current times of 

designation and using agency and 

substituting the following: 

Time of designation. Intermittent by 

NOTAM 0715 to 2330 local time daily; other 

times by NOTAM. 

Using agency. USN, Naval Strike and Air 

Warfare Center, Fallon, NV. 

R–4816N Dixie Valley, NV [Amended] 

* * * * * 

By removing the current times of 

designation and using agency and 

substituting the following: 

Time of designation. 0715 to 2330 local 

time daily; other times by NOTAM 

Using agency. USN, Naval Strike and Air 

Warfare Center, Fallon, NV. 

R–4816S Dixie Valley, NV [Amended] 

* * * * * 

By removing the current times of 

designation and using agency and 

substituting the following: 

Time of designation. 0715 to 2330 local 

time daily; other times by NOTAM 

Using agency. USN, Naval Strike and Air 

Warfare Center, Fallon, NV. 

* * * * * 

Issued in Washington, DC, on September 2, 

2009. 

Edith V. Parish, 

Manager, Airspace and Rules Group. 

[FR Doc. E9–22139 Filed 9–14–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[REG–127270–06] 

RIN 1545–BF81 

Damages Received on Account of 

Personal Physical Injuries or Physical 

Sickness 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This document contains 

proposed regulations relating to the 

exclusion from gross income for 

amounts received on account of 

personal physical injuries or physical 

sickness. The proposed regulations 

reflect amendments under the Small 

Business Job Protection Act of 1996. The 

proposed regulations also delete the 

requirement that to qualify for exclusion 

from gross income, damages received 

from a legal suit, action, or settlement 

agreement must be based upon ‘‘tort or 

tort type rights.’’ The proposed 

regulations affect taxpayers receiving 

damages on account of personal 

physical injuries or physical sickness 

and taxpayers paying these damages. 

DATES: Written (paper or electronic) 

comments must be received by 

December 14, 2009. 

ADDRESSES: Send submissions to: 

CC:PA:LPD:PR (REG–127270–06), room 

5203, Internal Revenue Service, Post 

Office Box 7604, Ben Franklin Station, 

Washington, DC 20044. Submissions 

may be hand delivered Monday through 

Friday between the hours of 8 a.m. and 

4 p.m. to: CC:PA:LPD:PR (REG–127270– 

06), Courier’s Desk, Internal Revenue 

Service, 1111 Constitution Avenue, 

NW., Washington, DC, or sent 

electronically via the Federal 

eRulemaking Portal at http:// 

www.regulations.gov (IRS REG–127270– 

06). 

FOR FURTHER INFORMATION CONTACT: 

Concerning the proposed regulations, 

Sheldon A. Iskow, (202) 622–4920 (not 

a toll-free number); concerning the 

submission of comments and/or 

requests for a public hearing, Richard 

Hurst at 

Richard.A.Hurst@irscounsel.treas.gov. 

SUPPLEMENTARY INFORMATION: 

Background and Explanation of 

Provisions 

This document contains proposed 

amendments to the Income Tax 

Regulations (26 CFR part 1) to reflect 

amendments made to section 104(a)(2) 

of the Internal Revenue Code (Code) by 

section 1605(a) and (b) of the Small 

Business Job Protection Act of 1996, 

Public Law 104–188, (110 Stat. 1838 

(the 1996 Act)), and to delete the ‘‘tort 

or tort type rights’’ test under § 1.104– 

1(c) of the Income Tax Regulations. 

As amended, section 104(a)(2) 

excludes from gross income the amount 

of any damages (other than punitive 

damages) received (whether by suit or 

agreement and whether as lump sums or 

as periodic payments) on account of 

personal physical injuries or physical 

sickness. These proposed regulations 

conform the regulations to these 

statutory amendments and clarify the 

changes for taxpayers and practitioners. 

1. The 1996 Act Amendments 

Section 1605(a) of the 1996 Act 

amended section 104(a)(2) to provide 

expressly that punitive damages do not 

qualify for the income exclusion. The 

amendment was a response to divergent 

court opinions, some holding that 

punitive damages are received ‘‘on 

account of’’ a personal injury. See H.R. 

Conf. Rept. 104–737 (1996) at 301. The 

amendment is consistent with O’Gilvie 

v. United States, 519 U.S. 79 (1996), 

holding that punitive damages are not 

compensation for personal injuries and 

do not satisfy the ‘‘on account of’’ test 

under section 104(a)(2). 

Section 1605(a) also amended section 

104(a)(2) to provide that the income 

exclusion generally is limited to 

amounts received on account of 

personal ‘‘physical’’ injuries or 

‘‘physical’’ sickness. Section 1605(b) of 

the 1996 Act further amended section 

104(a) to provide that, for purposes of 

section 104(a)(2), even though 

emotional distress is not considered a 

physical injury or a physical sickness, 

damages not in excess of the amount 

paid for ‘‘medical care’’ (described in 

section 213(d)(1)(A) or (B)) for 

emotional distress are excluded from 

income. 

The proposed regulations reflect these 

statutory amendments. The proposed 

regulations also provide that a taxpayer 

may exclude damages received for 

emotional distress ‘‘attributable’’ to a 

physical injury or physical sickness. See 

H.R. Conf. Rept. 104–737 (1996) at 301. 


sroberts on DSKD5P82C1PROD with PROPOSALS