Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Proposed Rules 11507 

Diamond Aircraft Industries GmbH 

Mandatory Service Bulletin No. MSB40–046/ 

1, No. MSBD4–046/1, dated April 25, 2007, 

or Diamond Aircraft Industries GmbH 

Mandatory Service Bulletin No. MSB40–046/ 

3, No. MSBD4–046/3, dated November 17, 

2008. 

(2) If any cracks are found during the 

inspection required in paragraph (f)(1) of the 

AD or during any inspection required in 

paragraph (f)(2)(ii) or (f)(3) of this AD, replace 

the NLG leg before further flight. Do the 

replacement following Diamond Aircraft 

Industries GmbH Mandatory Service Bulletin 

No. MSB40–046/1, No. MSBD4–046/1, dated 

April 25, 2007; or Diamond Aircraft 

Industries GmbH Mandatory Service Bulletin 

No. MSB40–046/3, No. MSBD4–046/3, dated 

November 17, 2008. 

(i) Replacing a NLG leg with a part number 

(P/N) D41–3223–10–00_1 or higher (_2, _3, 

etc.) terminates the repetitive inspections 

required in this AD. 

(ii) Replacing a NLG leg with a P/N D41– 

3223–10–00 requires repetitive inspections as 

specified in paragraph (f)(3) of this AD until 

a P/N D41–3223–10–00_1 or higher (_2, _3, 

etc.) is installed. 

(3) If no cracks are found during the 

inspection required in paragraph (f)(1) of this 

AD or cracked NLG leg is replaced with a P/ 

N D41–3223–10–00 NLG leg, repetitively 

inspect thereafter at intervals not to exceed 

12 months or 200 hours TIS, whichever 

occurs later, until a P/N D41–3223–10–00_1 

or higher (_2, _3, etc.) is installed. Do these 

repetitive inspections following Diamond 

Aircraft Industries GmbH Mandatory Service 

Bulletin No. MSB40–046/3, No. MSBD4–046/ 

3, dated November 17, 2008. 

(i) If a repetitive inspection occurs before 

the effective date of this AD, then you may 

use Diamond Aircraft Industries GmbH 

Mandatory Service Bulletin No. MSB40–046/ 

1, No. MSBD4–046/1, dated April 25, 2007. 

(ii) All inspections that occur after the 

effective date of this AD must be done 

following Diamond Aircraft Industries GmbH 

Mandatory Service Bulletin No. MSB40–046/ 

3, No. MSBD4–046/3, dated November 17, 

2008. 

(4) After installing a P/N D41–3223–10– 

00_1 or higher (_2, _3, etc.) as a replacement 

part, installing a NLG leg P/N D41–3223–10– 

00 is no longer allowed. 

FAA AD Differences 

Note: This AD differs from the MCAI and/ 

or service information as follows: No 

differences. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Standards Office, 

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: Sarjapur Nagarajan, Aerospace 

Engineer, FAA, Small Airplane Directorate, 

901 Locust, Room 301, Kansas City, Missouri 

64106; telephone: (816) 329–4145; fax: (816) 

329–4090. Before using any approved AMOC 

on any airplane to which the AMOC applies, 

notify your appropriate principal inspector 

(PI) in the FAA Flight Standards District 

Office (FSDO), or lacking a PI, your local 

FSDO. 

(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 FAAapproved 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 

(h) Refer to MCAI European Aviation 

Safety Agency (EASA) AD No. 2009–0016, 

dated January 22, 2009; Diamond Aircraft 

Industries GmbH Mandatory Service Bulletin 

No. MSB40–046/1, No. MSBD4–046/1, dated 

April 25, 2007; and Diamond Aircraft 

Industries GmbH Mandatory Service Bulletin 

No. MSB40–046/3, No. MSBD4–046/3, dated 

November 17, 2008, for related information. 

Issued in Kansas City, Missouri, on March 

11, 2009. 

John R. Colomy, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–5764 Filed 3–17–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

33 CFR Part 334 

Restricted Areas at Cape Canaveral Air 

Force Station, Patrick AFB, FL 

AGENCY: United States Army Corps of 

Engineers, Department of Defense. 

ACTION: Notice of proposed rulemaking 

and request for comments. 

SUMMARY: The U.S. Army Corps of 

Engineers (Corps) is proposing to amend 

the existing regulations at 33 U.S.C. 334 

to enlarge an existing restricted area in 

the Banana River and to establish a new 

restricted area in the Atlantic Ocean for 

the Cape Canaveral Air Force Station 

(CCAFS), located on Patrick AFB, 

Florida. We are also proposing to 

remove an existing restricted area in the 

Banana River at CCAFS. CCAFS 

Command, located at Patrick AFB, 

Florida, is responding to Department of 

Defense (DoD) security assessments 

which have identified a need for CCAFS 

to have the capability to secure their 

shoreline. The proposed enhancement 

of these capabilities is necessary to 

counter postulated threats to CCAFS. 

DATES: Written comments must be 

submitted on or before April 17, 2009. 

ADDRESSES: You may submit comments, 

identified by docket number COE– 

2009–0001, by any of the following 

methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

E-mail: 

david.b.olson@usace.army.mil. Include 

the docket number, COE–2009–0001, in 

the subject line of the message. 

Mail: U.S. Army Corps of Engineers, 

Attn: CECW–CO (David B. Olson), 441 

G Street, NW., Washington, DC 20314– 

1000. 

Hand Delivery/Courier: Due to 

security requirements, we cannot 

receive comments by hand delivery or 

courier. 

Instructions: Direct your comments to 

docket number COE–2009–0001. All 

comments received will be included in 

the public docket without change and 

may be made available on-line at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the commenter indicates that the 

comment includes information claimed 

to be Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. Do 

not submit information that you 

consider to be CBI, or otherwise 

protected, through regulations.gov or email. The regulations.gov Web site is an 

anonymous access system, which means 

we will not know your identity or 

contact information unless you provide 

it in the body of your comment. If you 

send an e-mail directly to the Corps 

without going through regulations.gov, 

your e-mail address will be 

automatically captured and included as 

part of the comment that is placed in the 

public docket and made available on the 

Internet. If you submit an electronic 

comment, we recommend that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If we cannot read your 

comment because of technical 

difficulties and cannot contact you for 

clarification, we may not be able to 

consider your comment. Electronic 

comments should avoid the use of any 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov. All documents in 

the docket are listed. Although listed in 


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11508 Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Proposed Rules 

the index, some information is not 

publicly available, such as CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David Olson, Headquarters, Operations 

and Regulatory Community of Practice, 

Washington, DC at 202–761–4922 or Mr. 

Jon M. Griffin, U.S. Army Corps of 

Engineers, Jacksonville District, 

Regulatory Division, at 904–232–1680. 

SUPPLEMENTARY INFORMATION: Pursuant 

to its authorities in Section 7 of the 

Rivers and Harbors Act of 1917 (40 Stat 

266; 33 U.S.C. 1) and Chapter XIX of the 

Army Appropriations Act of 1919 (40 

Stat 892; 33 U.S.C. 3) the Corps is 

proposing to amend the regulations in 

33 CFR part 334 by modifying § 334.540, 

removing § 334.550, and adding 

§ 334.595. The proposal includes the 

removal of § 334.550 since it would now 

be completely encompassed by the 

expanded area of § 334.540. 

The proposed amendments will allow 

the Commanding Officer, CCAFS to 

restrict passage of persons, watercraft, 

and vessels in waters contiguous to this 

Command, thereby ensuring that DoD 

identified security enhancements can be 

met. 

Procedural Requirements 

a. Review Under Executive Order 

12866. The proposed rule is issued with 

respect to a military function of the 

Defense Department and the provisions 

of Executive Order 12866 do not apply. 

b. Review Under the Regulatory 

Flexibility Act. The proposed rule has 

been reviewed under the Regulatory 

Flexibility Act (Pub. L. 96–354) which 

requires the preparation of a regulatory 

flexibility analysis for any regulation 

that will have a significant economic 

impact on a substantial number of small 

entities (i.e., small businesses and small 

governments). Unless information is 

obtained to the contrary during the 

comment period, the Corps expects that 

the economic impact of the amendment 

of this restricted area would have 

practically no impact on the public, or 

result in no anticipated navigational 

hazard or interference with existing 

waterway traffic. This proposed rule, if 

adopted, will have no significant 

economic impact on small entities. 

c. Review Under the National 

Environmental Policy Act. Due to the 

administrative nature of this action and 

because there is no intended change in 

the use of the area, the Corps expects 

that this regulation, if adopted, will not 

have a significant impact to the quality 

of the human environment and, 

therefore, preparation of an 

environmental impact statement will 

not be required. An environmental 

assessment will be prepared after the 

public notice period is closed and all 

comments have been received and 

considered. It may be reviewed at the 

District office listed at the end of FOR

FURTHER INFORMATION CONTACT, above. 

d. Unfunded Mandates Act. This 

proposed rule does not impose an 

enforceable duty among the private 

sector and, therefore, is not a Federal 

private sector mandate and is not 

subject to the requirements of Section 

202 or 205 of the Unfunded Mandates 

Reform Act (Pub. L. 104–4, 109 Stat. 48, 

2 U.S.C. 1501 et seq.). We have also 

found under Section 203 of the Act, that 

small governments will not be 

significantly or uniquely affected by this 

rule. 

List of Subjects in 33 CFR Part 334 

Danger zones, Navigation (water), 

Restricted areas, Waterways. 

For the reasons set out in the 

preamble, the Corps proposes to amend 

33 CFR part 334 as follows: 

PART 334—DANGER ZONE AND 

RESTRICTED AREA REGULATIONS 

1. The authority citation for part 334 

continues to read as follows: 

Authority: 40 Stat. 266 (33 U.S.C. 1) and 

40 Stat. 892 (33 U.S.C. 3). 

2. Revise § 334.540 to read as follows: 

§ 334.540 Banana River at the Eastern 

Range, 45th Space Wing, Cape Canaveral 

Air Force Station, FL.; Restricted Area. 

(a) The area. The restricted area shall 

encompass all navigable waters of the 

United States, as defined at 33 CFR part 

329, within the Banana River 

contiguous to the area offshore of Cape 

Canaveral Air Force Station, Florida. 

The area is bounded by a line 

connecting the following coordinates: 

Commencing from the shoreline at the 

southeast portion of the area, at 

approximately latitude 28°25.17 N, 

longitude 80°36.24 W, thence directly to 

latitude 28°25.18′ N, longitude 80°36.65′ 

W, thence directly to latitude 28°25.25′ 

N, longitude 80°36.66′ W, thence 

directly to latitude 28°25.22′ N, 

longitude 80°38.36′ W, thence directly 

to latitude 28°26.23′ N, longitude 

80°38.25′ W, thence directly to latitude 

28°26.23′ N, longitude 80°38.47′ W, 

thence to reach the south side of the 

Kennedy Space Center NASA Causeway 

East Roadway at approximately latitude 

28°30.74′ N, longitude 80°36.63′ W. 

(b) The regulation. (1) The area 

described in paragraph (a) of this 

section will be closed when it is deemed 

necessary by the Commander, 45th 

Space Wing or his/her designee to 

address any perceived threat to the local 

area. With the exception of local, State 

and federal law enforcement entities, all 

persons, vessels, and other craft are 

prohibited from entering, transiting, 

anchoring, or drifting within the 

restricted area when it is closed without 

the permission of the Commander, 45th 

Space Wing or his/her designee. 

(2) Due to the nature of this restricted 

area, closures may occur with very little 

advance notice. Closure of the area shall 

be noticed by the display of a red 

beacon located at the southern entrance 

to Cape Canaveral Air Force Station. 

Information will be provided via Marine 

Radio broadcast during the duration of 

the area closure. 

(c) Enforcement. The regulations in 

this section shall be enforced by the 

Commander, 45th Space Wing, Patrick 

Air Force Base, Florida and/or such 

persons or agencies as he/she may 

designate. 

§ 334.550 [Removed] 

3. Remove § 334.550. 

4. Add § 334.595 to read as follows: 

§ 334.595 Atlantic Ocean off Cape 

Canaveral; 45th Space Wing, Cape 

Canaveral Air Force Station, FL.; Restricted 

Area. 

(a) The area. The restricted area shall 

encompass all navigable waters of the 

United States, as defined at 33 CFR part 

329, contiguous to the area offshore of 

Cape Canaveral Air Force Station, 

Florida. The area is bounded by a line 

connecting the following coordinates: 

Commencing from the shoreline at the 

northwest portion of the area, at latitude 

28°35.008′ N, longitude 80°34.448′ W, 

thence directly to latitude 28°35.617′ N, 

longitude 80°33.140′ W, thence 

following the mean high water line 

southerly at a distance of 1.5 miles to a 

point at latitude 28°24.253′ N longitude 

80°33.658′ W, thence proceeding 

westerly to terminate at a point on the 

shoreline at latitude 28°24.69′ N, 

longitude 80°35.05′ W. 

(b) The regulation. (1) The area 

described in paragraph (a) of this 

section will be closed when it is deemed 

necessary by the Commander, 45th 

Space Wing or his/her designee to 

address any perceived threat to the local 

area. With the exception of local, State 

and federal law enforcement entities, all 

persons, vessels, and other craft are 

prohibited from entering, transiting, 

anchoring, or drifting within the 

restricted area when it is closed without 


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Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Proposed Rules 11509 

the permission of the Commander, 45th 

Space Wing or his/her designee. 

(2) Due to the nature of this restricted 

area, closures may occur with very little 

advance notice. Closure of the area shall 

be noticed by the display of a red ball 

and red beacon from a 90-foot pole near 

the shoreline at approximately latitude 

28°35.0′ N, longitude 80°34.8′ W and 

from a 90-foot pole near the shoreline at 

approximately latitude 28°25.3′ N, 

longitude 80°35.0′ W. Information will 

be provided via Marine Radio broadcast 

and a warning statement displayed on 

an electronic marquee sign located on 

the north side of the Port Canaveral ship 

channel between the Trident and 

Poseidon Wharf during the duration of 

the area closure. 

(c) Enforcement. The regulations in 

this section shall be enforced by the 

Commander, 45th Space Wing, Patrick 

Air Force Base, Florida and/or such 

persons or agencies as he/she may 

designate. 

Dated: March 9, 2009. 

Michael Ensch, 

Chief, Operations, Directorate of Civil Works. 

[FR Doc. E9–5746 Filed 3–17–09; 8:45 am] 

BILLING CODE 3710–92–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 51 and 52 

[EPA–HQ–OAR–2003–0064; FRL–8783–4] 

RIN 2060–AP49 

Prevention of Significant Deterioration 

(PSD) and Nonattainment New Source 

Review (NSR): Aggregation 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed Rule. 

SUMMARY: EPA is proposing to delay the 

effective date for the Environmental 

Protection Agency (‘‘EPA’’) rule 

addressing ‘‘aggregation’’ under the 

Prevention of Significant Deterioration 

(‘‘PSD’’) and the nonattainment New 

Source Review (‘‘nonattainment NSR’’) 

programs (collectively, ‘‘NSR’’) 

published in the Federal Register on 

January 15, 2009. This rule (the ‘‘NSR 

Aggregation Amendments’’) described 

when a source must combine 

(‘‘aggregate’’) nominally-separate 

physical changes and changes in the 

method of operation for the purpose of 

determining whether they are a single 

change resulting in a significant 

emissions increase. 

On January 30, 2009, the Natural 

Resources Defense Council (‘‘NRDC’’) 

submitted a petition for reconsideration 

(the ‘‘NRDC Petition’’) of the NSR 

Aggregation Amendments. In response 

to the NRDC Petition, EPA announced 

on February 13, 2009, that it would 

convene a reconsideration proceeding 

for the NSR Aggregation Amendments 

and would delay the effective date of 

the rule from February 17, 2009 until 

May 18, 2009. In this action, EPA is 

proposing an additional delay of the 

effective date of the NSR Aggregation 

Amendments and soliciting comment 

on the duration of this additional delay 

in order to allow for sufficient time to 

conduct the reconsideration proceeding. 

DATES: Comments. Comments must be 

received on or before April 17, 2009. 

Public Hearing. If anyone contacts 

EPA requesting a public hearing by 

March 30, 2009, we will hold a public 

hearing on April 2, 2009. If a hearing is 

held, the record for the hearing will 

remain open until May 4, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2003–0064, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: a-and-r-docket@epa.gov. 

• Mail: Air and Radiation Docket and 

Information Center, Environmental 

Protection Agency, Mailcode: 6102T, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460. 

• Hand Delivery: Environmental 

Protection Agency, EPA West Building, 

Room 3334, 1301 Constitution Ave., 

NW., Washington, DC. Such deliveries 

are only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2003– 

0064. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (‘‘CBI’’) or other 

information whose disclosure is 

restricted by statute. Do not submit 

information that you consider to be CBI 

or otherwise protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: The final rule, the petition for 

reconsideration, and all other 

documents in the record for the 

rulemaking are in Docket ID. No. EPA– 

HQ–OAR–2003–0064. All documents in 

the docket are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Air and Radiation Docket and 

Information Center, EPA/DC, EPA West 

Building, Room 3334, 1301 Constitution 

Ave., NW., Washington, DC. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the Air and Radiation 

Docket and Information Center is (202) 

566–1742. 

Public Hearing: If a hearing is held, it 

will be held at the U.S. Environmental 

Protection Agency, 1200 Pennsylvania 

Avenue, Washington, DC 20004. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David J. Svendsgaard, Air Quality Policy 

Division, Office of Air Quality Planning 

and Standards (C504–03), U.S. 

Environmental Protection Agency, 

Research Triangle Park, NC 27711; 

telephone number: (919) 541–2380; fax 

number: (919) 541–5509; e-mail address 

svendsgaard.dave@epa.gov. 

To request a public hearing, please 

contact Mrs. Pam Long, Air Quality 

Policy Division, Office of Air Quality 

Planning and Standards (C504–03), U.S. 

Environmental Protection Agency, 


tjames on PRODPC61 with PROPOSALS