53160 Federal Register / Vol. 74, No. 199 / Friday, October 16, 2009 / Rules and Regulations 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the Federal Aviation Administration 

amends 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 airworthiness 

directive: 

2009–21–03 Hamilton Sundstrand Power 

Systems: Amendment 39–16040. Docket 

No. FAA–2009–0247; Directorate 

Identifier 2009–NE–07–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective November 20, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Hamilton 

Sundstrand Power Systems T–62T–46C12 

auxiliary power units (APUs). These APUs 

are installed on, but not limited to, 

Bombardier Inc. DHC–8–400 series airplanes. 

Unsafe Condition 

(d) This AD results from two reports of 

APU compartment explosions due to overfueling of the APU at low revolutions-perminute during the start sequence. We are 

issuing this AD to prevent over-fueling of the 

APU during the start sequence, which could 

lead to fuel explosion, injury, and damage to 

the APU and the airplane. 

Compliance 

(e) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified unless the 

actions have already been done. 

Software Upgrade of the APU Full-Authority 

Digital Electronic Controller (FADEC) 

(f) At the next FADEC removal, but no later 

than 18 months after the effective date of this 

AD, upgrade the software in the APU FADEC 

from software version 02.01.000 to version 

03.00.000, and change the FADEC part 

number (P/N) from 4503069E to 4503069F. 

(g) Use paragraphs 3.A through 3.F.(2) of 

the Accomplishment Instructions of 

Hamilton Sundstrand Power Systems Service 

Bulletin No. 4503067–49–12, Revision 2, 

dated March 9, 2009, to do the software 

upgrade and the FADEC P/N change. 

Alternative Methods of Compliance 

(h) The Manager, Los Angeles Aircraft 

Certification Office, has the authority to 

approve alternative methods of compliance 

for this AD if requested using the procedures 

found in 14 CFR 39.19. 

Related Information 

(i) Contact Roger Pesuit, Aerospace 

Engineer, Los Angeles Aircraft Certification 

Office, FAA, Transport Airplane Directorate, 

3960 Paramount Blvd., Lakewood, CA 90712; 

e-mail: roger.pesuit@faa.gov; telephone (562) 

627–5251, fax (562) 627–5210, for more 

information about this AD. 

Material Incorporated by Reference 

(j) You must use Hamilton Sundstrand 

Power Systems Service Bulletin No. 

4503067–49–12, Revision 2, dated March 9, 

2009, to perform the actions required by this 

AD. The Director of the Federal Register 

approved the incorporation by reference of 

this service bulletin in accordance with 5 

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

Hamilton Sundstrand Technical 

Publications, One Hamilton Road, Mail Stop: 

1A–3–Z63, Windsor Locks, CT 06096–1010; 

telephone (860) 654–3575, for a copy of this 

service information. You may review copies 

at the FAA, New England Region, 12 New 

England Executive Park, Burlington, MA; or 

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/cfr/ibrlocations.html. 

Issued in Burlington, Massachusetts, on 

September 30, 2009. 

Peter A. White, 

Assistant Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–24396 Filed 10–15–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–0404; Airspace 

Docket No. 09–ACE–5] 

Amendment of Class D and Class E 

Airspace; Topeka, KS 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Class D 

and Class E airspace at Forbes Field 

Airport, Topeka, KS. Additional 

controlled airspace is necessary to 

accommodate new Standard Instrument 

Approach Procedures (SIAPs) at Forbes 

Field Airport, Topeka, KS. This action 

also incorporates the Class E extensions 

to Class D airspace at Forbes Field 

Airport into the Class D surface area. 

The FAA is taking this action to 

enhance the safety and management of 

Instrument Flight Rule (IFR) operations 

at Forbes Field Airport. 

DATES: 0901 UTC, December 17, 2009. 

The Director of the Federal Register 

approves this incorporation by reference 

action under 1 CFR Part 51, subject to 

the annual revision of FAA Order 

7400.9 and publication of conforming 

amendments. 

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: 

History 

On July 30, 2009, the FAA published 

in the Federal Register a notice of 

proposed rulemaking to amend Class D 

and Class E airspace at Topeka, KS (74 

FR 37968, Docket No. FAA–2009–0404). 

Interested parties were invited to 

participate in this rulemaking effort by 

submitting written comments on the 

proposal to the FAA. No comments 

were received. Class D airspace 

designations are published in paragraph 

5000 of FAA Order 7400.9T signed 

August 27, 2009, and effective 

September 15, 2009, which is 

incorporated by reference in 14 CFR 

71.1. Class E airspace designations are 

published in paragraph 6002 of FAA 

Order 7400.9T signed August 27, 2009, 

and effective September 15, 2009, which 

is incorporated by reference in 14 CFR 

71.1. The Class D and Class E airspace 

designations listed in this document 

will be published subsequently in the 

Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) Part 71 by 

amending Class D and Class E airspace 

at Forbes Field Airport, Topeka, KS, for 

the safety and management of IFR 

operations at the airport. The Class E 

surface area designated as an extension 

to a Class D surface area will be added 

to the Class D airspace area. 

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. Therefore, this 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 


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Federal Register / Vol. 74, No. 199 / Friday, October 16, 2009 / Rules and Regulations 53161 

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 amends 

controlled airspace at Forbes Field 

Airport, Topeka, KS. 

List 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, 

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 Part 71.1 of the Federal Aviation 

Administration Order 7400.9T, Airspace 

Designations and Reporting Points, 

signed August 27, 2009, and effective 

September 15, 2009, is amended as 

follows: 

Paragraph 5000 Class D Airspace. 

* * * * * 

ACE KS D Topeka, Forbes Field Airport, 

KS [Amended] 

Topeka, Forbes Field Airport, KS 

(Lat. 38°57′03′′ N., long. 95°39′49′′ W.) 

Topeka, Forbes Field Airport ILS 

(Lat. 38°58′04′′ N., long. 95°40′50′′ W.) 

RIPLY LOM 

(Lat. 38°53′06′′ N., long. 95°34′53′′ W.) 

That airspace extending upward from the 

surface to and including 3,600 feet MSL 

within a 4.9-mile radius of Forbes Field 

Airport, and within 2.2 miles each side of the 

RIPLY LOM 317° bearing extending from the 

4.9-mile radius to 5.3 miles northwest of the 

airport and within 1.8 miles each side of the 

Forbes Field Airport ILS Localizer southeast 

course extending from the 4.9-mile radius to 

0.9 miles southeast of the RIPLY LOM. This 

Class D airspace area is effective during the 

specific dates and times established in 

advance by a Notice to Airmen. The effective 

dates and times will thereafter be 

continuously published in the Airport/ 

Facility Directory. 

Paragraph 6002 Class E Airspace 

Designated as Surface Areas 

* * * * * 

ACE KS E2 Topeka, Forbes Field Airport, 

KS [Amended] 

Topeka, Forbes Field Airport, KS 

(Lat. 38°57′03′′ N., long. 95°39′49′′ W.) 

Topeka, Forbes Field Airport ILS 

(Lat. 38°58′04′′ N., long. 95°40′50′′ W.) 

RIPLY LOM 

(Lat. 38°53′06′′ N., long. 95°34′53′′ W.) 

Within a 4.9-mile radius of Forbes Field 

Airport, and within 2.2 miles each side of the 

RIPLY LOM 317° bearing extending from the 

4.9-mile radius to 5.3 miles northwest of the 

airport and within 1.8 miles each side of the 

Forbes Field Airport ILS Localizer southeast 

course extending from the 4.9-mile radius to 

0.9 miles southeast of the RIPLY LOM. 

Paragraph 6004 Class E Airspace Areas 

Designated as an Extension to a Class D 

Surface Area 

* * * * * 

ACE KS E4 Topeka, Forbes Field, KS 

[Removed] 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth 

* * * * * 

ACE KS E5 Topeka, Forbes Field Airport, 

KS [Amended] 

Topeka, Forbes Field Airport, KS 

(Lat. 38°57′03′′ N., long. 95°39′49′′ W.) 

Topeka, Forbes Field Airport ILS 

(Lat. 38°58′04′′ N., long. 95°40′50′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 7.4-mile 

radius of Forbes Field Airport, and within 3.1 

miles each side of the Forbes Field Airport 

ILS localizer course extending from the 7.4- 

mile radius to 13 miles southeast of the 

airport, and within 3.5 miles each side of the 

Forbes Field Airport ILS localizer course 

extending from the 7.4-mile radius to 13 

miles northwest of the airport. 

* * * * * 

Issued in Fort Worth, Texas, on October 1, 

2009. 

Walter L. Tweedy, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. E9–24618 Filed 10–15–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–0405; Airspace 

Docket No. 09–ASW–12] 

Amendment of Class D and Class E 

Airspace; New Orleans NAS, LA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Class D 

and Class E airspace at New Orleans 

NAS, LA. Changes in control tower 

operating hours and cancellation of the 

NDB RWY 4 instrument approach for 

Class E airspace have made this action 

necessary for the continued safety and 

management of Instrument Flight Rule 

(IFR) operations at New Orleans NAS 

Alvin Callender Field. 

DATES: 0901 UTC, December 17, 2009. 

The Director of the Federal Register 

approves this incorporation by reference 

action under 1 CFR Part 51, subject to 

the annual revision of FAA Order 

7400.9 and publication of conforming 

amendments. 

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: 

History 

On July 31, 2009, the FAA published 

in the Federal Register a notice of 

proposed rulemaking to amend Class D 

and Class E airspace at New Orleans 

NAS, LA (74 FR 38141, Docket No. 

FAA–2009–0405). Interested parties 

were invited to participate in this 

rulemaking effort by submitting written 

comments on the proposal to the FAA. 

No comments were received. Class D 

airspace designations are published in 

paragraph 5000 of FAA Order 7400.9T 

signed August 27, 2009, and effective 

September 15, 2009, which is 

incorporated by reference in 14 CFR 

Part 71.1. Class E airspace designations 

are published in paragraph 6002 of FAA 

Order 7400.9T signed August 27, 2009, 

and effective September 15, 2009, which 

is incorporated by reference in 14 CFR 

Part 71.1. The Class D and Class E 

airspace designations listed in this 

document will be published 

subsequently in the Order. 


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