18166 Federal Register / Vol. 74, No. 75 / Tuesday, April 21, 2009 / Proposed Rules 

other injurious insect pests. The 

package containing the papayas does 

not contain any other fruit, including 

papayas not qualified for importation 

into the United States. 

(g) Beginning at least 1 year before 

harvest begins and continuing through 

the completion of harvest, fruit fly traps 

were maintained in the field where the 

papayas were grown. The traps were 

placed at a rate of 1 trap per hectare and 

were checked for fruit flies at least once 

weekly by plant health officials of the 

NPPO. Fifty percent of the traps were of 

the McPhail type and 50 percent of the 

traps were of the Jackson type. The 

NPPO kept records of fruit fly finds for 

each trap, updated the records each time 

the traps were checked, and made the 

records available to APHIS inspectors 

upon request. The records were 

maintained for at least 1 year. 

(1) If the average Jackson fruit fly trap 

catch was greater than seven 

Mediterranean fruit flies (Ceratitis 

capitata) (Medfly) per trap per week, 

measures were taken to control the 

Medfly population in the production 

area. If the average Jackson fruit fly trap 

catch exceeds 14 Medflies per trap per 

week, importations of papayas from that 

production area must be halted until the 

rate of capture drops to an average of 7 

or fewer Medflies per trap per week. 

(2) In Colombia, Ecuador, or the State 

of Espirito Santo, Brazil, if the average 

McPhail trap catch was greater than 

seven South American fruit flies 

(Anastrepha fraterculus) per trap per 

week, measures were taken to control 

the South American fruit fly population 

in the production area. If the average 

McPhail fruit fly trap catch exceeds 14 

South American fruit flies per trap per 

week, importations of papayas from that 

production area must be halted until the 

rate of capture drops to an average of 7 

or fewer South American fruit flies per 

trap per week. 

(h) All activities described in 

paragraphs (a) through (h) of this section 

were carried out under the supervision 

and direction of plant health officials of 

the NPPO. 

(i) All consignments must be 

accompanied by a phytosanitary 

certificate issued by the NPPO of the 

exporting country stating that the 

papayas were grown, packed, and 

shipped in accordance with the 

provisions of this section. 

(Approved by the Office of Management and 

Budget under control number 0579–0128) 

Done in Washington, DC, this 15th day of 

April 2009. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. E9–9100 Filed 4–20–09; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–0188; Airspace 

Docket No. 09–AGL–5] 

Proposed Amendment of Class E 

Airspace; Port Clinton, OH 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

amend Class E airspace at Port Clinton, 

OH. Additional controlled airspace is 

necessary to accommodate new 

Standard Instrument Approach 

Procedures (SIAPs) at Carl R. Keller 

Field Airport, Port Clinton, OH. The 

FAA is taking this action to enhance the 

safety and management of Instrument 

Flight Rules (IFR) aircraft operations at 

Carl R. Keller Field Airport. 

DATES: 0901 UTC. Comments must be 

received on or before June 5, 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– 

0188/Airspace Docket No. 09–AGL–5, 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 

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–2009–0188/Airspace 

Docket No. 09–AGL–5.’’ 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 

NPRMs 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 for SIAPs operations at Carl 

R. Keller Field Airport, Port Clinton, 

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 


tjames on PRODPC75 with PROPOSALS
Federal Register / Vol. 74, No. 75 / Tuesday, April 21, 2009 / Proposed Rules 18167 

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 at Carl R. 

Keller Field Airport, Port Clinton, OH. 

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 Port Clinton, OH [Amended] 

Port Clinton, Carl R. Keller Field Airport, OH 

(Lat. 41°30’59′′ N., long. 82°52’07′′ W.) 

Magruder Memorial Hospital, OH 

Point in Space Coordinates 

(Lat. 41°29′43′′ N., long. 82°55′50′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 7-mile radius 

of Carl R. Keller Field Airport and within 4 

miles each side of the 083° bearing from the 

airport extending from the 7-mile radius to 

9.4 miles east of the airport and within a 6- 

mile radius of the Point in Space serving 

Magruder Memorial Hospital. 

* * * * * 

Issued in Fort Worth, TX, on April 6, 2009. 

Anthony D. Roetzel, 

Manager, Operations Support Group, ATO 

Central Service Center. 

[FR Doc. E9–9054 Filed 4–20–09; 8:45 am] 

BILLING CODE 4901–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–0066; Airspace 

Docket No. 09–ACE–1] 

Proposed Amendment of Class E 

Airspace; Ord, NE 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

amend Class E airspace at Ord, NE. 

Additional controlled airspace is 

necessary to accommodate new 

Standard Instrument Approach 

Procedures (SIAPs) at Evelyn Sharp 

Field Airport, Ord, NE. The FAA is 

taking this action to enhance the safety 

and management of Instrument Flight 

Rules (IFR) aircraft operations at Evelyn 

Sharp Field Airport. This action also 

would update the name and geographic 

coordinates of the airport to coincide 

with the FAAs National Aeronautical 

Charting Office. 

DATES: 0901 UTC. Comments must be 

received on or before June 5, 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– 

0066/Airspace Docket No. 09–ACE–1, 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 

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–2009–0066/Airspace 

Docket No. 09–ACE–1.’’ 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– 


tjames on PRODPC75 with PROPOSALS