18402 Federal Register / Vol. 75, No. 69 / Monday, April 12, 2010 / Rules and Regulations 

Note 1: The term, ‘‘sufficiently charged’’ 

means that the battery will retain enough of 

a charge, expressed in ampere-hours, to 

ensure that the battery cells will not be 

damaged. A battery cell may be damaged by 

lowering the charge below a point where 

there is a reduction in the ability to charge 

and retain a full charge. This reduction 

would be greater than the reduction that may 

result from normal operational degradation. 

Note 2: These special conditions are not 

intended to replace § 25.1353(b) in the 

certification basis of the Boeing 737NG. 

These special conditions apply only to 

rechargeable lithium batteries and 

rechargeable lithium-battery system 

installations. The requirements of 

§ 25.1353(b) remains in effect for batteries 

and battery installations of Boeing 737NG 

that do not use lithium batteries. 

Boeing must show compliance with 

the requirements of these special 

conditions by test and/or analysis. The 

aircraft certification office, or its 

designees, will find compliance in 

coordination with the FAA Transport 

Standards Staff. 

Issued in Renton, Washington, on April 5, 

2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–8218 Filed 4–9–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–0831; Airspace 

Docket No. 09–ANM–13] 

Amendment of Class E Airspace; North 

Bend, OR 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action will modify Class 

D airspace at Southwest Oregon 

Regional Airport, North Bend, OR, to 

allow aircraft at Sunnyhill Airport to 

arrive and depart outside Class D 

airspace. This action is necessary for the 

safety and management of Instrument 

Flight Rules (IFR) aircraft utilizing both 

airports. 

DATES: Effective date, 0901 UTC, June 3, 

2010. 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: 

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 9, 2009, the FAA 

published in the Federal Register a 

notice of proposed rulemaking to 

establish additional controlled airspace 

at North Bend, OR (74 FR 57616). 

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. The Class D airspace 

designations listed in this document 

will be published subsequently in that 

Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) part 71 by 

modifying the Class D airspace area at 

North Bend, OR. Controlled airspace is 

needed extending upward from the 

surface to and including 2,500 feet MSL 

within a 4.2-mile radius of Southwest 

Oregon Regional Airport, excluding that 

airspace within a 1.5-mile radius of 

Sunnyhill Airport. The exclusion will 

allow aircraft at Sunnyhill Airport to 

arrive and depart outside the Class D 

airspace. This rule will enhance IFR 

operations at both airports. 

The FAA has determined 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 

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 discusses 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 modifies 

controlled airspace at Southwest Oregon 

Regional Airport, North Bend, OR. 

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 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. 

* * * * * 

ANM OR D North Bend, OR [Modified] 

Southwest Oregon Regional Airport, OR 

(Lat. 43°25′01′′ N., long. 124°14′49′′ W.) 

Sunnyhill Airport, OR 

(Lat. 43°28′59′′ N., long. 124°12′10′′ W.) 

That airspace extending upward from the 

surface to and including 2,500 feet MSL 

within a 4.2-mile radius of the Southwest 

Oregon Regional Airport, excluding that 

airspace within a 1.5-mile radius of 

Sunnyhill Airport. This Class D airspace area 

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. 

Issued in Seattle, Washington, on April 5, 

2010. 

Robert E. Henry, 

Acting Manager, Operations Support Group, 

Western Service Center. 

[FR Doc. 2010–8193 Filed 4–9–10; 8:45 am] 

BILLING CODE 4910–13–P 


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