Federal Register / Vol. 74, No. 75 / Tuesday, April 21, 2009 / Rules and Regulations 18121 

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 Airworthiness Directive 2009– 

0025, dated February 10, 2009; Airbus 

Service Bulletin A320–57–1144, Revision 01, 

dated June 18, 2007; and Airbus Service 

Bulletin A320–57A1146, dated September 

21, 2007, for related information. 

Material Incorporated by Reference 

(i) You must use Airbus Service Bulletin 

A320–57A1146, including Appendix 01, 

dated September 21, 2007; or Airbus Service 

Bulletin A320–57–1144, including Appendix 

01, Revision 01, dated June 18, 2007; as 

applicable; to do the actions required by this 

AD, unless the AD specifies otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Airbus, Airworthiness 

Office—EAS, 1 Rond Point Maurice Bellonte, 

31707 Blagnac Cedex, France; telephone +33 

5 61 93 36 96; fax +33 5 61 93 44 51; e-mail: 

account.airworth-eas@airbus.com; Internet 

http://www.airbus.com. 

(3) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221 or 425–227–1152. 

(4) You may also review copies of the 

service information that is incorporated by 

reference at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, or go 

to: http://www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on April 8, 

2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–8982 Filed 4–20–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0361; Directorate 

Identifier 2009–NM–046–AD; Amendment 

39–15888; AD 2009–09–02] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier 

Model DHC–8–400 Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD results 

from mandatory continuing 

airworthiness information (MCAI) 

originated by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

Several reports have been received on 

failures of the aft hinge of the main landing 

gear (MLG) forward stabilizer brace. 

Laboratory examinations have found that the 

fatigue cracks were initiated from the dowel 

pin hole at the aft hinge lug of the MLG 

forward stabilizer brace where the stop 

bracket is attached. Failure of the stabilizer 

brace could result in the collapse of the main 

landing gear. 

This AD requires actions that are 

intended to address the unsafe 

condition described in the MCAI. 

DATES: This AD becomes effective May 

6, 2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the AD 

as of May 6, 2009. 

We must receive comments on this 

AD by May 21, 2009. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–40, 1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations office between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The street address for 

the Docket Operations office (telephone 

(800) 647–5527) is in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: Jon 

Hjelm, Aerospace Engineer, Airframe 

and Propulsion Branch, ANE–171, FAA, 

New York Aircraft Certification Office, 

1600 Stewart Avenue, Suite 410, 

Westbury, New York 11590; telephone 

(516) 228–7323; fax (516) 794–5531. 

SUPPLEMENTARY INFORMATION: 

Discussion 

Transport Canada Civil Aviation 

(TCCA), which is the aviation authority 

for Canada, has issued Canadian 

Emergency Airworthiness Directive CF– 

2009–11, dated March 13, 2009 (referred 

to after this as ‘‘the MCAI’’), to correct 

an unsafe condition for the specified 

products. The MCAI states: 

Several reports have been received on 

failures of the aft hinge of the main landing 

gear (MLG) forward stabilizer brace. 

Laboratory examinations have found that the 

fatigue cracks were initiated from the dowel 

pin hole at the aft hinge lug of the MLG 

forward stabilizer brace where the stop 

bracket is attached. Failure of the stabilizer 

brace could result in the collapse of the main 

landing gear. 

Required actions include inspections for 

damage (including excessive wear, 

corrosion, foreign object damage, and 

cracking) of the MLG forward stabilizer 

brace assemblies and applicable 

corrective actions. The inspections 

include the following inspections: 

• A visual inspection for evidence of 

excessive wear on the outside diameter 

of apex pins part number 46418–1. 

• A visual inspection for damage 

(including cracking, corrosion, and 

foreign object damage) of the face of the 

forward stabilizer brace lugs, stop 

bracket retention hole apex bushings, 

and stop bracket. 

• An inspection to detect 0.050-inchlong exposed surface cracks around the 

stop bracket mounting face and 

retention pin hole areas, using either of 

the following nondestructive inspection 

methods: (1) An eddy current 

inspection, or (2) a visual inspection 

using liquid penetrant under 10X 

magnification. 

The applicable corrective actions 

include the following: 

• Contacting Goodrich for repair 

instructions and doing the repair. 

• Replacing the stop bracket. 

• Reworking the forward stabilizer 

brace assembly. 

• Replacing the forward stabilizer 

brace assembly. 

The required actions also include, for 

certain airplanes, repetitive detailed 

visual inspection for cracking of both 

MLG forward stabilizer braces, 

including liquid penetrant inspections 

for cracking if necessary, and repair of 

the cracking if necessary. The required 

actions also include, for certain 

airplanes, a detailed visual inspection 

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18122 Federal Register / Vol. 74, No. 75 / Tuesday, April 21, 2009 / Rules and Regulations 

for cracking of the stabilizer brace apex 

lugs. The required actions also include, 

for certain airplanes, repair in 

accordance with a method approved by 

the FAA or TCCA. 

You may obtain further information 

by examining the MCAI in the AD 

docket. 

Relevant Service Information 

Bombardier has issued Repair 

Drawing 8/4–32–099, Issue 1, dated 

March 10, 2009; and Q400 All Operator 

Message 338, dated February 23, 2009. 

Goodrich has issued Service Concession 

Request 026–09, Revision B, dated 

March 10, 2009. The actions described 

in this service information are intended 

to correct the unsafe condition 

identified in the MCAI. 

FAA’s Determination and Requirements 

of This AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with the State of 

Design Authority, we have been notified 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are issuing this 

AD because we evaluated all pertinent 

information and determined the unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Differences Between the AD and the 

MCAI or Service Information 

We have reviewed the MCAI and 

related service information and, in 

general, agree with their substance. But 

we might have found it necessary to use 

different words from those in the MCAI 

to ensure the AD is clear for U.S. 

operators and is enforceable. In making 

these changes, we do not intend to differ 

substantively from the information 

provided in the MCAI and related 

service information. 

We might also have required different 

actions in this AD from those in the 

MCAI in order to follow FAA policies. 

Any such differences are highlighted in 

a Note within the AD. 

FAA’s Determination of the Effective 

Date 

An unsafe condition exists that 

requires the immediate adoption of this 

AD. The FAA has found that the risk to 

the flying public justifies waiving notice 

and comment prior to adoption of this 

rule because some affected airplanes are 

approaching the threshold at which 

failure of the aft hinge MLG brace could 

occur and result in the collapse of the 

MLG. Therefore, we determined that 

notice and opportunity for public 

comment before issuing this AD are 

impracticable and that good cause exists 

for making this amendment effective in 

fewer than 30 days. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not precede it by notice and 

opportunity for public comment. We 

invite you to send any written relevant 

data, views, or arguments about this AD. 

Send your comments to an address 

listed under the ADDRESSES section. 

Include ‘‘Docket No. FAA–2009–0361; 

Directorate Identifier 2009–NM–046– 

AD’’ at the beginning of your comments. 

We specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

this AD. We will consider all comments 

received by the closing date and may 

amend this AD because of those 

comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this AD. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. ‘‘Subtitle VII: 

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 determined that this AD will not 

have federalism implications under 

Executive Order 13132. This AD will 

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 this 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. 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 a regulatory evaluation 

of the estimated costs to comply with 

this 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. 

Adoption of the Amendment 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 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: 

2009–09–02 Bombardier, Inc. (Formerly de 

Havilland, Inc.): Amendment 39–15888. 

Docket No. FAA–2009–0361; Directorate 

Identifier 2009–NM–046–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective May 6, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Bombardier Model 

DHC–8–400, DHC–8–401, and DHC–8–402 

series airplanes; certificated in any category, 

serial numbers 4001, 4003, and subsequent. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 32: Landing gear. 

Reason 

(e) The mandatory continued airworthiness 

information (MCAI) states: 

Several reports have been received on 

failures of the aft hinge of the main landing 

gear (MLG) forward stabilizer brace. 

Laboratory examinations have found that the 

fatigue cracks were initiated from the dowel 

pin hole at the aft hinge lug of the MLG 

forward stabilizer brace where the stop 

bracket is attached. Failure of the stabilizer 

brace could result in the collapse of the main 

landing gear. 

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Federal Register / Vol. 74, No. 75 / Tuesday, April 21, 2009 / Rules and Regulations 18123 

Actions and Compliance 

(f) Unless already done, do the following 

actions: 

(1) At the applicable time specified in 

paragraph (f)(1)(i), (f)(1)(ii), (f)(1)(iii), or 

(f)(1)(iv) of this AD: Perform non-destructive 

inspections for damage of the MLG forward 

stabilizer brace assemblies part number (P/N) 

46401–7, in accordance with Bombardier 

Repair Drawing 8/4–32–099, Issue 1, dated 

March 10, 2009; and Goodrich Service 

Concession Request 026–09, Revision B, 

dated March 10, 2009. Repeat the inspection 

thereafter at intervals not to exceed 2,000 

flight cycles. 

(i) For airplanes with MLG forward 

stabilizer braces that have accumulated 

12,000 or more total flight cycles as of the 

effective date of this AD: Inspect within 50 

flight cycles after the effective date of this 

AD. 

(ii) For airplanes with MLG forward 

stabilizer braces that have accumulated 9,000 

or more total flight cycles but fewer than 

12,000 total flight cycles as of the effective 

date of this AD: Inspect before the 

accumulation of 12,050 total flight cycles, or 

within 500 flight cycles after the effective 

date of this AD, whichever occurs earlier. 

(iii) For airplanes with MLG forward 

stabilizer braces that have accumulated 4,500 

or more total flight cycles but fewer than 

9,000 total flight cycles as of the effective 

date of this AD: Inspect before the 

accumulation of 9,500 total flight cycles, or 

within 1,500 flight cycles after the effective 

date of this AD, whichever occurs earlier. 

(iv) For airplanes with MLG forward 

stabilizer braces that have accumulated fewer 

than 4,500 total flight cycles as of the 

effective date of this AD: Inspect before the 

accumulation of 6,000 total flight cycles. 

(2) If any damage is found during any 

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

AD, before further flight, do all applicable 

corrective actions in accordance with 

Goodrich Service Concession Request 026– 

09, Revision B, dated March 10, 2009, except 

as provided by paragraphs (f)(3), (f)(4), (f)(5), 

and (f)(6) of this AD. 

(3) For airplanes on which step 24. of 

Goodrich Service Concession Request 026– 

09, Revision B, dated March 10, 2009, has 

been done: Within 1,200 flight cycles after 

the effective date of this AD, rework the MLG 

forward stabilizer brace, and except for 

airplanes on which the rework has been 

done, within 600 flight cycles after the 

effective date of this AD do a detailed visual 

inspection for damage of the stabilizer brace 

apex lugs, in accordance with Goodrich 

Service Concession Request 026–09, Revision 

B, dated March 10, 2009. If any damage is 

found, repair before further flight in 

accordance with Section C of Goodrich 

Service Concession Request 026–09, Revision 

B, dated March 10, 2009. 

(4) At the applicable time specified in 

paragraph (f)(4)(i), (f)(4)(ii), or (f)(4)(iii) of 

this AD, replace the forward stabilizer brace 

assembly, in accordance with Goodrich 

Service Concession Request 026–09, Revision 

B, dated March 10, 2009. 

(i) For airplanes on which cracking is 

found during any inspection required by this 

AD, and the cracking exceeds the limit 

specified in Section C of Goodrich Service 

Concession Request 026–09, Revision B, 

dated March 10, 2009: Replace the assembly 

before further flight. 

(ii) For airplanes on which any cracking is 

found after the rework specified in Section C 

of Goodrich Service Concession Request 026– 

09, Revision B, dated March 10, 2009: 

Replace the assembly before further flight. 

(iii) For airplanes on which no cracking is 

found after the rework specified in Section C 

of Goodrich Service Concession Request 026– 

09, Revision B, dated March 10, 2009: 

Replace the assembly within 2,700 flight 

cycles after doing the rework. 

(5) If foreign object damage is found during 

any inspection required by this AD, or if 

damage is found to a forward stabilizer brace 

lug or stop bracket retention hole apex 

bushing, before further flight, repair using a 

method approved by either the Manager, 

New York Aircraft Certification Office, ANE– 

170, FAA; or Transport Canada Civil 

Aviation (TCCA) (or its delegated agent). 

(6) If any crack is found during the visual 

inspection under 10X magnification, repair 

before further flight, in accordance with 

Goodrich Service Concession Request 026– 

09, Revision B, dated March 10, 2009. 

(7) Before the accumulation of 6,000 total 

flight cycles on the MLG forward stabilizer 

braces, or within 600 flight hours after the 

effective date of this AD, whichever occurs 

later: Do a detailed visual inspection for 

cracking of both MLG forward stabilizer 

braces and do all applicable liquid penetrant 

inspections for cracking, in accordance with 

Bombardier Q400 All Operator Message 338, 

dated February 23, 2009. Repeat the 

inspection thereafter at intervals not to 

exceed 600 flight hours. If any cracking is 

found during any inspection required by this 

paragraph, repair before further flight in 

accordance with Bombardier Repair Drawing 

8/4–32–099, Issue 1, dated March 10, 2009; 

and Goodrich Service Concession Request 

026–09, Revision B, dated March 10, 2009. 

(8) Submit a report of all findings of the 

inspections required by paragraph (f)(1) of 

this AD to the Bombardier Technical Help 

Desk, e-mail: 

thd.qseries@aero.bombardier.com; fax: (416) 

375–4539; telephone: (416) 375–4000; at the 

applicable time specified in paragraph 

(f)(8)(i) or (f)(8)(ii) of this AD. The report 

must include the information specified in 

sheets 3 and 4 of Bombardier Repair Drawing 

8/4–32–099, Issue 1, dated March 10, 2009. 

(i) If the inspection was done on or after 

the effective date of this AD: Submit the 

report within 10 days after the inspection. 

(ii) If the inspection was accomplished 

prior to the effective date of this AD: Submit 

the report within 10 days after the effective 

date of this AD. 

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, New York Aircraft 

Certification 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: Jon Hjelm, 

Aerospace Engineer, Airframe and 

Propulsion Branch, ANE–171, FAA, New 

York Aircraft Certification Office, 1600 

Stewart Avenue, Suite 410, Westbury, New 

York 11590; telephone (516) 228–7323; 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 ensure 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, 

the Office of Management and Budget (OMB) 

has approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

(4) Special Flight Permits: Special flight 

permits may be issued in accordance with 

sections 21.197 and 21.199 of the Federal 

Aviation Regulations (14 CFR 21.197 and 

21.199) to operate the airplane to a location 

where the airplane can be modified (if the 

operator elects to do so), provided that, 

within 10 flight cycles after detection of the 

discrepancy that requires repair, operators 

perform a detailed visual inspection for 

cracking of both MLG forward stabilizer 

braces and do all applicable non-destructive 

inspections (eddy current or visual liquid 

penetrant inspections) for cracking, in 

accordance with Bombardier Q400 All 

Operator Message 338, dated February 23, 

2009; and repair any cracking before further 

flight in accordance with Goodrich Service 

Concession Request 026–09, Revision B, 

dated March 10, 2009. 

Related Information 

(h) Refer to MCAI Canadian Emergency 

Airworthiness Directive CF–2009–11, dated 

March 13, 2009; Bombardier Q400 All 

Operator Message 338, dated February 23, 

2009; Bombardier Repair Drawing 8/4–32– 

099, Issue 1, dated March 10, 2009; and 

Goodrich Service Concession Request 026– 

09, Revision B, dated March 10, 2009; for 

related information. 

Material Incorporated by Reference 

(i) You must use Bombardier Q400 All 

Operator Message 338, dated February 23, 

2009; Bombardier Repair Drawing 8/4–32– 

099, Issue 1, dated March 10, 2009; and 

Goodrich Service Concession Request 026– 

09, Revision B, dated March 10, 2009; as 

applicable; to do the actions required by this 

AD, unless the AD specifies otherwise. (The 

issue date of Bombardier Q400 All Operator 

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18124 Federal Register / Vol. 74, No. 75 / Tuesday, April 21, 2009 / Rules and Regulations 

Message 338, dated February 23, 2009; and 

Bombardier Repair Drawing 8/4–32–099, 

Issue 1, dated March 10, 2009; is specified 

only on the first page of the documents.) 

Goodrich Service Concession Request 026– 

09, Revision B, dated March 10, 2009, 

contains the following effective pages: 

Page No. 

Revision 

level 

shown on 

page 

Date shown on 

page 

1–8 ............... B March 5, 2009. 

9–22 ............. B March 10, 2009. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For Bombardier service information 

identified in this AD, contact Bombardier, 

Inc., 400 Coˆte-Vertu Road West, Dorval, 

Que ́bec H4S 1Y9, Canada; telephone 514– 

855–5000; fax 514–855–7401; e-mail 

thd.qseries@aero.bombardier.com; Internet 

http://www.bombardier.com. For Goodrich 

service information identified in this AD, 

contact Goodrich Corporation, Landing Gear, 

1400 South Service Road, West Oakville L6L 

5Y7, Ontario, Canada; telephone 905–825– 

1568; e-mail jean.breed@goodrich.com; 

Internet http://www.goodrich.com/TechPubs. 

(3) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221 or 425–227–1152. 

(4) You may also review copies of the 

service information that is incorporated by 

reference at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, or go 

to: http://www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on April 8, 

2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–8995 Filed 4–20–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 95 

[Docket No. 30662; Amdt. No. 480] 

IFR Altitudes; Miscellaneous 

Amendments 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This amendment adopts 

miscellaneous amendments to the 

required IFR (instrument flight rules) 

altitudes and changeover points for 

certain Federal airways, jet routes, or 

direct routes for which a minimum or 

maximum en route authorized IFR 

altitude is prescribed. This regulatory 

action is needed because of changes 

occurring in the National Airspace 

System. These changes are designed to 

provide for the safe and efficient use of 

the navigable airspace under instrument 

conditions in the affected areas. 

DATES: Effective Date: 0901 UTC, May 7, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

Harry Hodges, Flight Procedure 

Standards Branch (AMCAFS–420), 

Flight Technologies and Programs 

Division, Flight Standards Service, 

Federal Aviation Administration, Mike 

Monroney Aeronautical Center, 6500 

South MacArthur Blvd. Oklahoma City, 

OK 73169 (Mail Address: P.O. Box 

25082 Oklahoma City, OK 73125) 

telephone: (405) 954–4164. 

SUPPLEMENTARY INFORMATION: This 

amendment to part 95 of the Federal 

Aviation Regulations (14 CFR part 95) 

amends, suspends, or revokes IFR 

altitudes governing the operation of all 

aircraft in flight over a specified route 

or any portion of that route, as well as 

the changeover points (COPs) for 

Federal airways, jet routes, or direct 

routes as prescribed in part 95. 

The Rule 

The specified IFR altitudes, when 

used in conjunction with the prescribed 

changeover points for those routes, 

ensure navigation aid coverage that is 

adequate for safe flight operations and 

free of frequency interference. The 

reasons and circumstances that create 

the need for this amendment involve 

matters of flight safety and operational 

efficiency in the National Airspace 

System, are related to published 

aeronautical charts that are essential to 

the user, and provide for the safe and 

efficient use of the navigable airspace. 

In addition, those various reasons or 

circumstances require making this 

amendment effective before the next 

scheduled charting and publication date 

of the flight information to assure its 

timely availability to the user. The 

effective date of this amendment reflects 

those considerations. In view of the 

close and immediate relationship 

between these regulatory changes and 

safety in air commerce, I find that notice 

and public procedure before adopting 

this amendment are impracticable and 

contrary to the public interest and that 

good cause exists for making the 

amendment effective in less than 30 

days. 

Conclusion 

The FAA has determined that this 

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. For the same 

reason, the FAA certifies that this 

amendment will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

List of Subjects in 14 CFR Part 95 

Airspace, Navigation (air). 

Issued in Washington, DC on April 14, 

2009. 

John M. Allen, 

Director, Flight Standards Service. 

Adoption of the Amendment 

■ Accordingly, pursuant to the authority 

delegated to me by the Administrator, 

part 95 of the Federal Aviation 

Regulations (14 CFR part 95) is 

amended as follows effective at 0901 

UTC, May 07, 2009 

■ 1. The authority citation for part 95 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40106, 

40113, 40114, 40120, 44502, 44514, 44719, 

44721. 

■ 2. Part 95 is amended as follows: 

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