21532 Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Proposed Rules 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new AD: 

Bombardier, Inc.: Docket No. FAA–2010– 

0432; Directorate Identifier 2010–NM– 

001–AD. 

Comments Due Date 

(a) We must receive comments by June 10, 

2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Bombardier, Inc. 

Model DHC–8–201, –202, –301, –311, and 

–315 airplanes, certificated in any category, 

having serial numbers 644 through 664 

inclusive. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 28: Fuel. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

During a recent production fuel system 

test, it was found that all three flapper valves 

located in each collector tank did not 

conform to the design requirements, due to 

the fact that a valve spring was installed on 

the flapper hinge pin. This valve spring 

should have been removed prior to 

installation of the valves. 

It was subsequently determined that this 

condition is restricted to the 21 aircraft listed 

in the Applicability section above. 

With the valve spring installed, the flapper 

valve is held closed by the valve spring, 

preventing gravity feed. In the event of 

scavenge system failure, the collector tank 

fuel level can no longer be maintained, 

potentially leading to an in-flight engine 

shutdown. 

In order to ensure adequate fuel transfer to 

the collector tank at all times, this directive 

mandates a one-time [detailed] inspection of 

each of the six flapper valves, removal of the 

valve spring, if installed, and application of 

an identification mark on each inspected 

valve. 

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. 

Actions 

(g) Within 1,000 flight hours after the 

effective date of this AD, do a detailed 

inspection of each collector tank flapper 

valve for the presence of a valve spring, in 

accordance with the Accomplishment 

Instructions of Bombardier Service Bulletin 

8–28–54, dated April 22, 2009. If the valve 

spring is not present, before further flight, 

apply an identification mark, in accordance 

with the Accomplishment Instructions of 

Bombardier Service Bulletin 8–28–54, dated 

April 22, 2009. If the valve spring is present, 

before further flight, remove the valve spring 

and apply an identification mark, in 

accordance with the Accomplishment 

Instructions of Bombardier Service Bulletin 

8–28–54, dated April 22, 2009. 

FAA AD Differences 

Note 1: This AD differs from the MCAI 

and/or service information as follows: No 

differences. 

Other FAA AD Provisions 

(h) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, New York Aircraft 

Certification Office (ACO), ANE–170, 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: 

Program Manager, Continuing Operational 

Safety, FAA, New York ACO, 1600 Stewart 

Avenue, Suite 410, Westbury, New York 

11590; telephone 516–228–7300; fax 516– 

794–5531. 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. 

(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. 

Related Information 

(i) Refer to MCAI Canadian Airworthiness 

Directive CF–2009–40, dated November 9, 

2009; and Bombardier Service Bulletin 8–28– 

54, dated April 22, 2009; for related 

information. 

Issued in Renton, Washington, on April 16, 

2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–9573 Filed 4–23–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–1011; Airspace 

Docket No. 09–ANM–19] 

Proposed Establishment of Class E 

Airspace; Bryce Canyon, UT 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Supplemental notice of 

proposed rulemaking (SNPRM). 

SUMMARY: This SNPRM elicits 

comments addressing the proposed 

establishment of Class E surface 

airspace at Bryce Canyon Airport, Bryce 

Canyon, UT. In a NPRM published in 

the Federal Register November 18, 

2009, the FAA proposed only to 

establish Class E airspace extending 

upward from 700 feet above the surface, 

to accommodate aircraft using new Area 

Navigation (RNAV) Global Positioning 

System (GPS) Standard Instrument 

Approach Procedures (SIAPs) at the 

airport. This action would increase 

safety within the National Airspace 

System. 

DATES: Comments must be received on 

or before June 10, 2010. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590. 

Telephone (202) 366–9826. You must 

identify FAA Docket No. FAA–2009– 

1011; Airspace Docket No. 09–ANM–19, 

at the beginning of your comments. You 

may also submit comments through the 

Internet at 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Eldon Taylor, Federal Aviation 

Administration, Operations Support 

Group, Western Service Center, 1601 

Lind Avenue, SW., Renton, WA 98057; 

telephone (425) 203–4537. 

SUPPLEMENTARY INFORMATION: 

History 

On November 18, 2009, the FAA 

published in the Federal Register a 

NPRM to establish Class E airspace, 

extending upward from 700 feet or more 

above the surface, at Bryce Canyon 

Airport, Bryce Canyon, UT (74 FR 

59492). The comment period closed 

January 4, 2010. Two comments were 

received. 

Both commenters recommended 

establishing Class E surface airspace for 

aircraft safety. The FAA found merit in 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS

Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Proposed Rules 21533 

their comments, and, therefore, seeks 

comments on the proposal for 

establishment of Class E surface 

airspace in this SNPRM. 

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 

2009–1011 and Airspace Docket No. 09– 

ANM–19) and be submitted in triplicate 

to the 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–2009–1011 and 

Airspace Docket No. 09–ANM–19.’’ 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/publications/ 

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 the 

ADDRESSES section for the 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 Northwest 

Mountain Regional Office of the Federal 

Aviation Administration, Air Traffic 

Organization, Western Service Center, 

Operations Support Group, 1601 Lind 

Avenue, SW., Renton, WA 98057. 

Persons interested in being placed on 

a mailing list for future NPRM’s 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. 

The Supplemental Proposal 

The FAA is proposing an amendment 

to Title 14 Code of Federal Regulations 

(14 CFR) part 71 by establishing Class E 

surface airspace at Bryce Canyon, UT, in 

concert with Class E airspace extending 

upward from 700 feet above the surface, 

to accommodate aircraft using the new 

RNAV (GPS) SIAPs at Bryce Canyon 

Airport. This action would enhance the 

safety and management of IFR 

operations at the airport. 

Class E airspace designations are 

published in paragraph 6002 and 6005, 

respectively, 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 E airspace designation 

listed in this document will be 

published subsequently in this 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. 

Therefore, this proposed 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 

is certified that this proposed rule, 

when promulgated, would 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 for 

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 would 

establish controlled airspace at Bryce 

Canyon Airport, Bryce Canyon, UT. 

List of Subjects in 14 CFR Part 71 

Airspace, incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

Accordingly, pursuant to the 

authority delegated to me, 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 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 the FAA Order 7400.9T, 

Airspace Designations and Reporting 

Points, signed August 27, 2009, and 

effective September 15, 2009 is 

amended as follows: 

Paragraph 6002 Class E airspace 

Designated as Surface Areas. 

* * * * * 

ANM UT E2 Bryce Canyon, UT [New] 

Bryce Canyon Airport, UT 

(Lat. 37°42′23′′ N., long. 112°08′45′′ W.) 

Within a 4.2-mile radius of Bryce Canyon 

Airport. This Class E airspace area is effective 

during 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. 

* * * * * 

ANM UT E5 Bryce Canyon, UT [New] 

Bryce Canyon Airport, UT 

(Lat. 37°42′23′′ N., long. 112°08′45′′ W.) 

That airspace extending upward from 700 

feet above the surface within 8 miles each 

side of the 047° and 227° bearing from the 

airport, extending 18 miles northeast and 

15.9 miles southwest of the airport. 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS

21534 Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Proposed Rules 

Issued in Seattle, Washington, on April 16, 

2010. 

Clark Desing, 

Manager, Operations Support Group, Western 

Service Center. 

[FR Doc. 2010–9614 Filed 4–23–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 943 

[SATS No. TX–059–FOR; Docket ID: OSM– 

2010–0001] 

Texas Regulatory Program 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement, Interior. 

ACTION: Proposed rule; public comment 

period and opportunity for public 

hearing on proposed amendment. 

SUMMARY: We, the Office of Surface 

Mining Reclamation and Enforcement 

(OSM), are announcing receipt of a 

proposed amendment to the Texas 

regulatory program (Texas program) 

under the Surface Mining Control and 

Reclamation Act of 1977 (SMCRA or the 

Act). Texas proposes revisions to its 

regulations regarding annual permit 

fees. Texas intends to revise its program 

to improve operational efficiency. 

This document gives the times and 

locations that the Texas program and 

proposed amendment to that program 

are available for your inspection, the 

comment period during which you may 

submit written comments on the 

amendment, and the procedures that we 

will follow for the public hearing, if one 

is requested. 

DATES: We will accept written 

comments on this amendment until 4 

p.m., c.d.t., May 26, 2010. If requested, 

we will hold a public hearing on the 

amendment on May 21, 2010. We will 

accept requests to speak at a hearing 

until 4 p.m., c.d.t. on May 11, 2010. 

ADDRESSES: You may submit comments, 

identified by Docket No. TX–059–FOR, 

by any of the following methods: 

• E-mail: aclayborne@osmre.gov. 

Include ‘‘Docket No. TX–059–FOR’’ in 

the subject line of the message. 

• Mail/Hand Delivery: Alfred L. 

Clayborne, Director, Tulsa Field Office, 

Office of Surface Mining Reclamation 

and Enforcement, 1645 South 101st East 

Avenue, Suite 145, Tulsa, Oklahoma 

74128–4629. 

• Fax: (918) 581–6419. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Instructions: All submissions received 

must include the agency name and 

docket number for this rulemaking. For 

detailed instructions on submitting 

comments and additional information 

on the rulemaking process, see the 

‘‘Public Comment Procedures’’ heading 

of the SUPPLEMENTARY INFORMATION

section of this document. 

Docket: For access to the docket to 

review copies of the Texas program, this 

amendment, a listing of any scheduled 

public hearings, and all written 

comments received in response to this 

document, you must go to the address 

listed below during normal business 

hours, Monday through Friday, 

excluding holidays. You may receive 

one free copy of the amendment by 

contacting OSM’s Tulsa Field Office or 

going to http://www.regulations.gov. 

Alfred L. Clayborne, Director, Tulsa 

Field Office, Office of Surface Mining 

Reclamation and Enforcement, 1645 

South 101st East Avenue, Suite 145, 

Tulsa, Oklahoma 74128–4629, 

Telephone: (918) 581–6430, E-mail: 

aclayborne@osmre.gov. 

In addition, you may review a copy of 

the amendment during regular business 

hours at the following location: Surface 

Mining and Reclamation Division, 

Railroad Commission of Texas, 1701 

North Congress Avenue, Capitol Station, 

P.O. Box 12967, Austin, Texas 78711– 

2967, Telephone: (512) 463–6900. 

FOR FURTHER INFORMATION CONTACT: 

Alfred L. Clayborne, Director, Tulsa 

Field Office. Telephone: (918) 581– 

6430. E-mail: aclayborne@osmre.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background on the Texas Program 

II. Description of the Proposed Amendment 

III. Public Comment Procedures 

IV. Procedural Determinations 

I. Background on the Texas Program 

Section 503(a) of the Act permits a 

State to assume primacy for the 

regulation of surface coal mining and 

reclamation operations on non-Federal 

and non-Indian lands within its borders 

by demonstrating that its program 

includes, among other things, ‘‘a State 

law which provides for the regulation of 

surface coal mining and reclamation 

operations in accordance with the 

requirements of this Act * * *; and 

rules and regulations consistent with 

regulations issued by the Secretary 

pursuant to this Act.’’ See 30 U.S.C. 

1253(a)(1) and (7). On the basis of these 

criteria, the Secretary of the Interior 

conditionally approved the Texas 

program effective February 16, 1980. 

You can find background information 

on the Texas program, including the 

Secretary’s findings, the disposition of 

comments, and the conditions of 

approval of the Texas program in the 

February 27, 1980, Federal Register (45 

FR 12998). You can also find later 

actions concerning the Texas program 

and program amendments at 30 CFR 

943.10, 943.15 and 943.16. 

II. Description of the Proposed 

Amendment 

By letter dated January 5, 2010 

(Administrative Record No. TX–666), 

Texas sent us an amendment to its 

program under SMCRA (30 U.S.C. 1201 

et seq.) at its own initiative. Below is a 

summary of the changes proposed by 

Texas. The full text of the program 

amendment is available for you to read 

at the locations listed above under 

ADDRESSES. 

Texas proposes to revise its regulation 

at 16 Texas Administrative Code (TAC) 

section 12.108(b) regarding annual 

permit fees by: 

(1) Decreasing the amount of the fee 

for each acre of land within the permit 

area on which coal or lignite was 

actually removed during the calendar 

year, 

(2) Increasing the amount of the fee 

for each acre of land within a permit 

area covered by a reclamation bond on 

December 31st of the year, and 

(3) Increasing the amount of the fee 

for each permit in effect on December 

31st of the year. 

Texas fully funds its 50% state share 

of costs to regulate the coal mining 

industry with fees paid by the coal 

industry. Texas charges various fees to 

meet these costs including permit 

application fees, and annual fees for 

lands in various stages of mining and 

reclamation. The proposed fee revisions 

are intended to provide incentives for 

industry to accomplish reclamation and 

achieve bond release as quickly as 

possible. This would be achieved by 

decreasing the fee per acre where coal 

or lignite is removed, and increasing 

both the fee for each acre under permit 

and the fee for each permit which 

remains active on December 31st of each 

year. By making these changes, 

companies are encouraged to make 

every effort to achieve bond release 

before the end of each year. 

III. Public Comment Procedures 

Under the provisions of 30 CFR 

732.17(h), we are seeking your 

comments on whether the amendment 

satisfies the applicable program 

approval criteria of 30 CFR 732.15. If we 

approve the amendment, it will become 

part of the State program. 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS