Federal Register / Vol. 74, No. 44 / Monday, March 9, 2009 / Proposed Rules 9973 

distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify this proposed regulation: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. Is not a ‘‘significant rule’’ under the 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); and 

3. Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared an economic evaluation 

of the estimated costs to comply with 

this proposed AD and placed it in the 

AD docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 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 AD: 

Agusta S.p.A.: Docket No. FAA–2009–0168; 

Directorate Identifier 2007–SW–33–AD. 

Comments Due Date 

(a) We must receive comments by April 8, 

2009. 

Other Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Model AB139 

helicopters, serial number (S/N) 31005 

through 31054, except S/N 31007, and 

AW139 helicopters, S/N 31055 through 

31067, S/N 31070, and S/N 31071, 

certificated in any category. 

Reason 

(d) The mandatory continuing 

airworthiness information (MCAI) states that 

during the installation of a fire extinguisher 

bottle, part number 3G2620V00131, on a 

helicopter during manufacture, it was found 

that the electrical receptacle/connectors on 

the bottle which commands the firing of the 

extinguishing agent were swapped between 

engines No. 1 and No. 2. This condition 

could affect helicopters already in service 

and fire extinguisher bottles of the same part 

number in stock as spare parts. If not 

corrected, an improperly wired fire 

extinguishing bottle might cause the 

extinguishing agent to be discharged toward 

the unselected engine when the system is 

activated, rather than toward the engine with 

the fire. The proposed AD would require 

determining if each engine has the proper 

outlet end on the electrical receptacle/ 

connector that attaches the firing cartridge to 

the fire extinguisher bottle, and if not, 

replacing the fire extinguisher bottle. The 

proposed AD is intended to prevent the fire 

extinguishing agent from not discharging 

toward the engine with the fire, which could 

result in loss of the helicopter due to an 

engine fire. 

Actions and Compliance 

(e) Within 100 hours time-in-service (TIS) 

or 3 months, whichever occurs first, unless 

already done, do the following actions. 

(1) Determine whether the fire 

extinguishing bottle (bottle) for engines No. 

1 and No. 2 have the proper outlet end on 

the electrical receptacle/connector, which 

attaches the firing cartridge to the bottle, by 

following steps 4. and 5. of the Compliance 

Instructions in Agusta Bollettino Tecnico No. 

139–085, dated May 18, 2007 (BT). 

(2) If a bottle has an electrical receptacle/ 

connector for the firing cartridge with an 

improper outlet end, before further flight, 

replace the bottle with a bottle that has an 

electrical receptacle/connector with a proper 

outlet end in accordance with step 6. of the 

Compliance Instructions in the BT. 

Differences Between the FAA AD and the 

MCAI 

(f) This AD uses the term ‘‘hours time-inservice’’ rather than ‘‘flight hours.’’ 

Other FAA Information 

(g) Alternative Methods of Compliance 

(AMOCs): The Manager, Safety Management 

Group, Rotorcraft Directorate, FAA, ATTN: 

John Strasburger, Aviation Safety Engineer, 

FAA, Rotorcraft Directorate, Regulations and 

Policy Group, 2601 Meacham Blvd., Fort 

Worth, Texas 76193–0111; telephone (817) 

222–5167; fax (817) 222–5961, has the 

authority to approve AMOCs for this AD, if 

requested using the procedures found in 14 

CFR 39.19. 

Related Information 

(h) MCAI Ente Nazionale Per L’Aviazione 

Civile Airworthiness Directive No. 2007–227, 

dated June 18, 2007, contains related 

information. 

Air Transport Association of America (ATA) 

Tracking Code 

(i) ATA Code 2621: Fire Bottle, Fixed. 

Issued in Fort Worth, Texas, on February 

19, 2009. 

Scott A. Horn, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–4943 Filed 3–6–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–0127; Airspace 

Docket No. 09–AGL–4] 

Proposed Amendment of Class E 

Airspace; Cleveland, OH 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

amend Class E airspace at Cleveland, 

OH. Additional controlled airspace is 

necessary to accommodate new 

Standard Instrument Approach 

Procedures (SIAPs) at Lorain County 

Regional Airport, Lorain, OH. The FAA 

is taking this action to enhance the 

safety and management of Instrument 

Flight Rules (IFR) aircraft operations at 

Lorain County Regional Airport. 

DATES: 0901 UTC. Comments must be 

received on or before April 23, 2009. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. You must 

identify the docket number FAA–2009– 

0127/Airspace Docket No. 09–AGL–4, at 

the beginning of your comments. You 

may also submit comments on the 

Internet at http://www.regulations.gov. 

You may review the public docket 

containing the proposal, any comments 

received, and any final disposition in 

person in the Dockets Office between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The 

Docket Office (telephone 1–800–647– 

5527), is on the ground floor of the 

building at the above address. 

FOR FURTHER INFORMATION CONTACT: 

Scott Enander, Central Service Center, 

Operations Support Group, Federal 

Aviation Administration, Southwest 

Region, 2601 Meacham Blvd., Fort 

Worth, TX 76193–0530; telephone: (817) 

321–7716. 

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 


sroberts on PROD1PC70 with PROPOSALS
9974 Federal Register / Vol. 74, No. 44 / Monday, March 9, 2009 / Proposed Rules 

are specifically invited on the overall 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects of the proposal. 

Communications should identify both 

docket numbers and be submitted in 

triplicate to the address listed above. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this notice must submit with those 

comments a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket No. FAA–2009–0127/Airspace 

Docket No. 09–AGL–4.’’ The postcard 

will be date/time stamped and returned 

to the commenter. 

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/. 

Additionally, any person may obtain 

a copy of this notice by submitting a 

request to the Federal Aviation 

Administration (FAA), Office of Air 

Traffic Airspace Management, ATA– 

400, 800 Independence Avenue, SW., 

Washington, DC 20591, or by calling 

(202) 267–8783. Communications must 

identify both docket numbers for this 

notice. Persons interested in being 

placed on a mailing list for future 

NPRM’s should contact the FAA’s 

Office of Rulemaking (202) 267–9677, to 

request a copy of Advisory Circular No. 

11–2A, Notice of Proposed Rulemaking 

Distribution System, which describes 

the application procedure. 

The Proposal 

This action proposes to amend Title 

14, Code of Federal Regulations (14 

CFR), Part 71 by adding additional Class 

E airspace in the Cleveland, OH area for 

SIAPs operations at Lorain County 

Regional Airport, Lorain, OH. The area 

would be depicted on appropriate 

aeronautical charts. 

Class E airspace areas are published 

in Paragraph 6005 of 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 airspace designation 

listed in this document would be 

published subsequently in the 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. 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 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 would add 

additional controlled airspace in the 

Cleveland, OH area. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (Air). 

The Proposed Amendment 

In consideration of the foregoing, 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; 

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, 

dated October 3, 2008, and effective 

October 31, 2008, is amended as 

follows: 

Paragraph 6005 Class E Airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

AGL OH E5 Cleveland, OH [Amended] 

That airspace extending upward from 700 

feet above the surface bounded by a line 

beginning at lat. 41°25′00′′ N., long. 82°23′00′′ 

W., to lat. 41°56′00′′ N., long. 81°22′00′′ W., 

to lat. 41°48′00′′ N., long. 81°02′00′′ W., to lat. 

41°32′00′′ N., long. 81°03′00′′ W., to lat. 

41°11′00′′ N., long. 81°48′00′′ W., to lat. 

41°11′00′′ N., long. 82°21′00′′ W., to lat. 

41°14′39′′ N., long. 82°21′44′′ W., to lat. 

41°18′06′′ N., long. 82°23′52′′ W., to lat. 

41°18′42′′ N., long. 82°22′07′′ W., thence to 

the point of beginning. 

* * * * * 

Issued in Fort Worth, TX, on February 26, 

2009. 

Walter L. Tweedy. 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. E9–4895 Filed 3–6–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–0115; Airspace 

Docket No. 09–AGL–3] 

Proposed Amendment of Class E 

Airspace; Mount Sterling, IL 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

amend Class E airspace at Mount 

Sterling, IL. Additional controlled 

airspace is necessary to accommodate 

new Standard Instrument Approach 

Procedures (SIAPs) at Mount Sterling 

Municipal Airport, Mount Sterling, IL. 

The FAA is taking this action to 

enhance the safety and management of 

Instrument Flight Rules (IFR) aircraft 

operations at Mount Sterling Municipal 

Airport. 

DATES: 0901 UTC. Comments must be 

received on or before April 23, 2009. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. You must 

identify the docket number FAA–2009– 

0115/Airspace Docket No. 09–AGL–3, at 

the beginning of your comments. You 

may also submit comments on the 

Internet at http://www.regulations.gov. 

You may review the public docket 

containing the proposal, any comments 

received, and any final disposition in 

person in the Dockets Office between 9 

a.m. and 5 p.m., Monday through 


sroberts on PROD1PC70 with PROPOSALS