16812 Federal Register / Vol. 74, No. 69 / Monday, April 13, 2009 / Proposed Rules 

Aviation Programs, describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in Subtitle VII, 

Part A, Subpart III, Section 44701, 

‘‘General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We have determined that this 

proposed AD would not have federalism 

implications under Executive Order 

13132. This proposed AD would not 

have a substantial direct effect on the 

States, on the relationship between the 

national Government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify that the proposed AD: 

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. Would 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 a regulatory evaluation 

of the estimated costs to comply with 

this proposed AD. You may get a copy 

of this summary at the address listed 

under ADDRESSES. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Under the authority delegated to me 

by the Administrator, the Federal 

Aviation Administration 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 airworthiness 

directive: 

Hamilton Sundstrand Power Systems: 

Docket No. FAA–2009–0247; Directorate 

Identifier 2009–NE–07–AD. 

Comments Due Date 

(a) The Federal Aviation Administration 

(FAA) must receive comments on this 

airworthiness directive (AD) action by June 

12, 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 rpm 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 1, 

dated December 23, 2008, 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. 

(j) 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 the 

service information referenced in this AD. 

Issued in Burlington, Massachusetts, on 

April 7, 2009. 

Peter A. White, 

Assistant Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–8311 Filed 4–10–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–0042; Airspace 

Docket No. 09–ANM–1] 

Proposed Modification of Class E 

Airspace; Montrose, CO 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This action proposes to 

modify Class E airspace at Montrose 

Regional Airport, Montrose, CO. 

Additional controlled airspace is 

necessary to accommodate aircraft using 

the Instrument Landing System (ILS) 

Localizer/Distance Measuring 

Equipment (LOC/DME) Standard 

Instrument Approach Procedure (SIAP) 

at Montrose Regional Airport, Montrose, 

CO. The geographic coordinates are 

being updated to coincide with the 

FAA’s National Aeronautical Charting 

Office. The FAA is proposing this action 

to enhance the safety and management 

of aircraft operations at Montrose 

Regional Airport, Montrose, CO. 

DATES: Comments must be received on 

or before May 28, 2009. 

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–2009–0042; Airspace 

Docket No. 09–ANM–1, 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: 

Comments Invited 

Interested parties are invited to 

participate in this proposed rulemaking 

by submitting such written data, views, 

or arguments, as they may desire. 

Federal Register / Vol. 74, No. 69 / Monday, April 13, 2009 / Proposed Rules 16813 

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 

2009–0042 and Airspace Docket No. 09– 

ANM–1) 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–2009–0042 and 

Airspace Docket No. 09–ANM–1’’. 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 Area, 

Operations Support Group, 1601 Lind 

Avenue, SW., Renton, WA 98057. 

Persons interested in being placed on 

a mailing list for future NPRMs 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 Proposal 

The FAA is proposing an amendment 

to Title 14 Code of Federal Regulations 

(14 CFR) part 71 by modifying Class E 

airspace at Montrose Regional Airport, 

Montrose, CO. Additional controlled 

airspace is necessary to accommodate 

aircraft using the new ILS LOC/DME 

SIAP at Montrose Regional Airport, 

Montrose, CO. The geographic 

coordinates are being updated to 

coincide with the FAA’s National 

Aeronautical Charting Office. This 

action would enhance the safety and 

management of aircraft operations at 

Montrose Regional Airport, Montrose, 

CO. 

Class E airspace designations are 

published in paragraph 6005 of FAA 

Order 7400.9S, signed 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 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 modifies 

controlled airspace at Montrose 

Regional Airport, Montrose, CO. 

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 7400.9S, 

Airspace Designations and Reporting 

Points, signed 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. 

* * * * * 

ANM CO, E5 Montrose, CO [Modify] 

Montrose Regional Airport, CO 

(Lat. 38°30′35′′ N., long. 107°53′38′′ W.) 

Montrose VOR/DME 

(Lat. 38°30′23′′ N., long. 107°53′58′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 7.2-mile 

radius of the Montrose Regional Airport and 

within 4.3 miles northeast and 8.3 miles 

southwest of the Montrose VOR/DME 313° 

and 133° radials extending from 7.2 miles 

southeast to 21.4 miles northwest of the 

VOR/DME, and within 4 miles each side of 

the Montrose VOR/DME 360° radial 

extending to 13.6 miles north of the VOR/ 

DME; and that airspace extending upward 

from 1,200 feet above the surface within an 

area bounded by a point beginning at lat. 

38°40′00′′ N., long. 108°46′00′′ W.; to lat. 

38°25′00′′ N., long. 108°42′30′′ W.; to lat. 

37°58′00′′ N., long. 108°10′00′′ W.; to lat. 

38°09′00′′ N., long. 107°35′00′′ W.; to lat. 

38°43′00′′ N., long. 107°39′30′′ W.; to lat. 

38°51′30′′ N., long. 107°41′00′′ W.; to lat. 

39°01′00′′ N., long. 107°47′00′′ W.; to lat. 

39°01′00′′ N., long. 108°09′00′′ W.; thence to 

the point of beginning. 

* * * * * 

16814 Federal Register / Vol. 74, No. 69 / Monday, April 13, 2009 / Proposed Rules 

Issued in Seattle, Washington, on April 2, 

2009. 

H. Steve Karnes, 

Acting Manager, Operations Support Group, 

Western Service Center. 

[FR Doc. E9–8363 Filed 4–10–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2008–0478] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

LaLoutre Bayou, Yscloskey, LA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking; 

withdrawal. 

SUMMARY: The Coast Guard is 

withdrawing its notice of proposed 

rulemaking concerning the operation of 

the State Route 46 (LA 46) Bridge across 

LaLoutre Bayou, mile 22.9, at Yscloskey, 

St. Bernard Parish, Louisiana. 

DATES: The notice of proposed 

rulemaking is withdrawn on April 13, 

2009. 

ADDRESSES: The docket for this 

withdrawn rulemaking is available for 

inspection and copying at the Docket 

Management Facility (M–30), U.S. 

Department of Transportation, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. You may also 

find this docket on the Internet at 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call Kay Wade, Bridge 

Administration Branch, telephone 504– 

671–2128. If you have questions on 

viewing or submitting material to the 

docket, call Renee V. Wright, Program 

Manager, Docket Operations, telephone 

202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Background 

On June 25, 2008, we published a 

notice of proposed rulemaking entitled 

‘‘Drawbridge Operation Regulation; 

LaLoutre Bayou, Yscloskey, LA’’ in the 

Federal Register (73 FR 35985). The 

rulemaking concerned the modification 

of the operation schedule of the draw to 

allow for the more efficient use of 

personnel by requiring a two-hour 

notice for nighttime openings. 

Withdrawal 

At the request of the Louisiana 

Department of Transportation and 

Development (LDOTD), the owner of the 

bridge, the notice of proposed 

rulemaking is being withdrawn as it has 

been determined that the present 

schedule of operation of the bridge 

provides for the needs of the public. 

Authority 

This action is taken under the 

authority of 33 U.S.C. 499; 33 CFR 1.05– 

1; Department of Homeland Security 

Delegation No. 0170.1. 

Dated: March 26, 2009. 

J.R. Whitehead, 

Rear Admiral, U.S. Coast Guard, Commander, 

Eighth Coast Guard District. 

[FR Doc. E9–8271 Filed 4–10–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–1017] 

RIN 1625–AA11 

Regulated Navigation Areas; Bars 

Along the Coasts of Oregon and 

Washington 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of public meeting; 

reopening of comment period. 

SUMMARY: The Coast Guard announces 

two public meetings to receive 

comments on the notice of proposed 

rulemaking entitled ‘‘Regulated 

Navigation Areas; Bars Along the Coasts 

of Oregon and Washington’’ that was 

published in the Federal Register on 

February 12, 2009 (74 FR 7022). The 

Coast Guard is also reopening the period 

for public comment on that notice of 

proposed rulemaking. 

As stated in the notice of proposed 

rulemaking, the Coast Guard proposes to 

establish Regulated Navigation Areas 

(RNA) covering specific bars along the 

coasts of Oregon (OR) and Washington 

(WA) that will include procedures for 

restricting and/or closing those bars as 

well as additional safety requirements 

for recreational and small commercial 

vessels operating in the RNAs. The 

RNAs are necessary to help ensure the 

safety of the persons and vessels 

operating in those hazardous bar areas. 

The RNAs will do so by establishing 

clear procedures for restricting and/or 

closing the bars and mandating 

additional safety requirements for 

recreational and small commercial 

vessels operating in the RNAs when 

certain conditions exist. 

DATES: The comment period for the 

proposed rule published at 74 FR 7022, 

Feb. 12, 2009 is reopened and will close 

on April 19, 2009. All comments and 

related material must be received by the 

Coast Guard on or before April 19, 2009. 

The public meetings for the proposed 

rule will be held in Astoria, OR, on 

Tuesday, April 14, 2009, from 6 p.m. to 

9 p.m., and in Newport, OR, on 

Wednesday, April 15, 2009, from 6 p.m. 

to 9 p.m., in order to provide an 

opportunity for oral comments. Please 

note that the meetings may close early 

if all business is finished. Written 

comments and related material may also 

be submitted to Coast Guard personnel 

specified at that meeting. 

ADDRESSES: The public meeting in 

Astoria, OR, will be held at ‘‘The Loft’’ 

at the Red Building, 20 Basin Street, 

Astoria, OR 97103, telephone 503–325– 

2223. The public meeting in Newport, 

OR, will be held at The Embarcadero 

Resort Hotel & Marina, 1000 SE Bay 

Blvd., Newport, OR 97365, telephone 

541–265–8521 or 1–800–547–4779. 

You may submit written comments 

identified by docket number USCG– 

2008–1017 before or after the meeting 

using any one of the following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. Our online 

docket for this rulemaking is available 

on the Internet at http:// 

www.regulations.gov under docket 

number USCG–2008–1017. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions concerning the 

meeting or the proposed rule, please call 

or e-mail LCDR Emily Saddler, 

Thirteenth Coast Guard District, 

Prevention Division, Inspections and 

Investigations Branch, telephone 

206–220–7210, e-mail 

Emily.C.Saddler@uscg.mil. If you have 

questions on viewing or submitting 

material to the docket, call Ms. Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: