25684 Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Proposed Rules 

AFM, as applicable. When Learjet 60 TFMC 

2009–03 has been included in general 

revisions of the applicable AFM, the general 

revisions may be inserted in the applicable 

AFM, provided the relevant information in 

the general revision is identical to that in 

Learjet 60 TFMC 2009–03. 

Alternative Methods of Compliance 

(AMOCs) 

(i)(1) The Manager, Wichita 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: Don Ristow, 

Aerospace Engineer, Mechanical Systems 

and Propulsion Branch, ACE–116W, Wichita 

Aircraft Certification Office, FAA, 1801 

Airport Road, Room 100, Mid-Continent 

Airport, Wichita, Kansas 67209; telephone 

(316) 946–4120; fax (316) 946–4107. 

(2) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. 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. 

Issued in Renton, Washington, on May 18, 

2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–12522 Filed 5–28–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0489; Directorate 

Identifier 2009–CE–025–AD] 

RIN 2120–AA64 

Airworthiness Directives; Air Tractor, 

Inc. Models AT–802 and AT–802A 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for certain 

Air Tractor, Inc. (Air Tractor) Models 

AT–802 and AT–802A airplanes. This 

proposed AD would require installing a 

rudder-aileron interconnect cable 

system shield kit and securing any items 

stowed in the baggage compartment 

using tie downs and/or a cargo net until 

the cable shield kit is installed. This 

proposed AD results from a report of the 

rudder pedal cable becoming jammed in 

flight. We are proposing this AD to 

prevent jamming of the rudder-aileron 

interconnect cables by unsecured items 

in the baggage compartment, which 

could result in failure of the rudderaileron interconnect cable system. This 

failure could lead to loss of control. 

DATES: We must receive comments on 

this proposed AD by July 28, 2009. 

ADDRESSES: Use one of the following 

addresses to comment on this proposed 

AD: 

• 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 

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

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

For service information identified in 

this proposed AD, contact Air Tractor, 

Inc., P.O. Box 485, Olney, Texas 76374; 

telephone: (940) 564–5616; facsimile: 

(940) 564–5612; E-mail: 

parts@airtractor.com; Internet: http:// 

www.airtractor.com. 

FOR FURTHER INFORMATION CONTACT: 

Andy McAnaul, Aerospace Engineer, 

10100 Reunion Pl., Ste. 650, San 

Antonio, Texas 78216; telephone: (210) 

308–3365; fax: (210) 308–3370. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments 

regarding this proposed AD. Send your 

comments to an address listed under the 

ADDRESSES section. Include the docket 

number, ‘‘FAA–2009–0489; Directorate 

Identifier 2009–CE–025–AD’’ at the 

beginning of your comments. We 

specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

the proposed AD. We will consider all 

comments received by the closing date 

and may amend the proposed AD in 

light 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 

concerning this proposed AD. 

Discussion 

We received a report of an Air Tractor 

Model AT–802 airplane rudder pedal 

jamming in flight. The pilot was able to 

maintain control and land. After 

landing, a cable pulley in the rudder 

system was found broken. Air Tractor 

believes one or more unsecured items in 

the baggage compartment became 

entangled in the cables and caused them 

to jam, resulting in failure of the pulley. 

Air Tractor has designed a 

modification kit that installs shielding 

in the baggage compartment to prevent 

unsecured stowed items from becoming 

entangled in the rudder-aileron 

interconnect cable system. 

This condition, if not corrected, could 

result in jamming of the rudder-aileron 

interconnect cables by unsecured items 

in the baggage compartment, which 

could result in failure of the rudderaileron interconnect cable system. This 

failure could lead to loss of control. 

Relevant Service Information 

We have reviewed Snow Engineering 

Co., Service Letter #274, Revision A, 

dated April 6, 2009. 

The service information describes 

procedures for installing a cable shield 

in the baggage compartment. 

FAA’s Determination and Requirements 

of the Proposed AD 

We are proposing this AD because we 

evaluated all information and 

determined the unsafe condition 

described previously is likely to exist or 

develop on other products of the same 

type design. This proposed AD would 

require installing a rudder-aileron 

interconnect cable system shield kit and 

securing any items stowed in the 

baggage compartment using tie downs 

and/or a cargo net until the cable shield 

kit is installed. 

Normally, the FAA would use a 

compliance time of hours time-inservice (TIS) or a certain number of 

months. The proposed AD uses a 

calendar date for compliance instead of 

hours TIS or a certain number of 

months. We are using the calendar date 

of before December 31, 2009, to allow 

owners with airplanes used in 

agricultural spray operations until the 

end of the spray season to install the 

rudder-aileron interconnect cable 

system shields (terminating action). 

Differences Between This Proposed AD 

and the Service Information 

This proposed AD would require 

securing stowed items in the baggage 

compartment with tie-down straps or a 

cargo net until the rudder-aileron 

interconnect cable system shield 

required in the proposed AD is 

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Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Proposed Rules 25685 

installed. The requirements of this 

proposed AD, if adopted as a final rule, 

would take precedence over the 

provisions in the service information. 

Costs of Compliance 

We estimate that this proposed AD 

would affect 210 airplanes in the U.S. 

registry. 

We estimate the following costs to do 

the proposed modification: 

Labor cost Parts cost Total cost per airplane 

Total cost 

on U.S. 

operators 

Cable Shield Kit SL#274: 4.5 work-hours × $80 per hour = $360 ................. $860 affects 170 airplanes at $1,220 each $207,400 

Cable Shield Kit SL#274–2: 4.5 work-hours × $80 per hour = $360 ............. 540 affects 40 airplanes at $900 each ..... 36,000 

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 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 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 a regulatory evaluation 

of the estimated costs to comply with 

this proposed AD and placed it in the 

AD docket. 

Examining the AD Docket 

You may examine the AD docket that 

contains the proposed AD, the 

regulatory evaluation, any comments 

received, and other information on the 

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

or in person at the Docket Management 

Facility between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. The Docket Office (telephone 

(800) 647–5527) is located at the street 

address stated in the ADDRESSES section. 

Comments will be available in the AD 

docket shortly after receipt. 

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: 

Air Tractor, Inc.: Docket No. FAA–2009– 

0489; Directorate Identifier 2009–CE– 

025–AD. 

Comments Due Date 

(a) We must receive comments on this 

airworthiness directive (AD) action by July 

28, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Model AT–802 and 

AT–802A airplanes, serial numbers 802/ 

802A–001 through 802/802A–0319, that are 

certificated in any category. 

Unsafe Condition 

(d) This AD results from a report of the 

rudder pedal cable becoming jammed in 

flight. We are proposing this AD to prevent 

jamming of the rudder-aileron interconnect 

cables by unsecured items in the baggage 

compartment, which could result in failure of 

the rudder-aileron interconnect cable system. 

This failure could lead to loss of control. 

Compliance 

(e) To address this problem, you must do 

the following, unless already done: 

Actions Compliance Procedures 

(1) Secure any items stowed in the baggage 

compartment using tie down straps and/or a 

cargo net.

Before further flight after the effective date of 

this AD until the installation of the rudder-aileron interconnect cable shield kit required 

in paragraph (e)(2) of this AD is done.

Not applicable. 

(2) Install the following rudder-aileron interconnect cable shield kit, as applicable.No later than December 31, 2009 ................... Snow Engineering Co., Service Letter #274, 

Revision A, dated April 6, 2009. 

(i) For all airplanes equipped for agricultural 

spray operations and all fire-fighting airplanes retrofitted with Gen II Fire Retardant 

Delivery System relay box, install cable 

shield kit SL#274. 

(ii) For all fire-fighting airplanes not equipped 

with Gen II Fire Retardant Delivery System 

relay box, install cable shield kit SL#274–2. 

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25686 Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Proposed Rules 

Actions Compliance Procedures 

(iii) Installation of the applicable cable shield 

kit SL#274 or SL#274–2 terminates the requirement of paragraph (e)(1) of this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(f) The Manager, Fort Worth Airplane 

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: Andy McAnaul, 

Aerospace Engineer, 10100 Reunion Pl., Ste. 

650, San Antonio, Texas 78216; telephone: 

(210) 308–3365; fax: (210) 308–3370. 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. 

Related Information 

(g) To get copies of the service information 

referenced in this AD, contact Air Tractor, 

Inc., P.O. Box 485, Olney, Texas 76374; 

telephone: (940) 564–5616; facsimile: (940) 

564–5612; E-mail: parts@airtractor.com; 

Internet: http://www.airtractor.com. To view 

the AD docket, go to U.S. Department of 

Transportation, Docket Operations, M–30, 

West Building Ground Floor, Room W12– 

140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, or on the Internet at 

http://www.regulations.gov. 

Issued in Kansas City, Missouri, on May 

20, 2009. 

Kim Smith, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. E9–12524 Filed 5–28–09; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2005–KY–0003–200616; 

FRL–8911–3] 

Approval and Promulgation of 

Implementation Plans; Kentucky; NOX

SIP Call Phase II 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

the State Implementation Plan (SIP) 

revisions submitted by the 

Commonwealth of Kentucky on 

September 12, 2005, and March 24, 

2006. The first revision provides 

Kentucky’s response to EPA’s 

regulations entitled, ‘‘Finding of 

Significant Contribution and 

Rulemaking for Certain States in Ozone 

Transport Assessment Group Region for 

Purposes of Reducing Regional 

Transport of Ozone,’’ otherwise known 

as the ‘‘Nitrogen Oxides (NOX) SIP Call 

Phase I.’’ The second revision responds 

to EPA’s regulations entitled, ‘‘Interstate 

Ozone Transport: Response to Court 

Decisions on the NOX SIP Call, NOX SIP 

Call Technical Amendments, and 

Section 126 Rules,’’ otherwise known as 

the ‘‘ NOX SIP Call Phase II.’’ The NOX

SIP Call Phase II revision satisfies EPA’s 

rule that requires Kentucky to submit 

Phase II revisions necessary to achieve 

applicable, incremental reductions of 

NOX. The intended effect of the Phase 

II SIP revision is to reduce emissions of 

NOX originating in the Commonwealth 

of Kentucky to help attain and maintain 

the national ambient air quality 

standard for ozone. The March 24, 2006, 

final submittal stopped the federal 

implementation plan clock that started 

on February 8, 2006, when EPA made a 

finding that Kentucky failed to submit 

the required SIP for Phase II of the NOX

SIP Call by April 1, 2005. 

DATES: Comments must be received on 

or before June 29, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2005–KY–0003, by one of the 

following methods: 

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

the on-line instructions for submitting 

comments. 

2. E-mail: benjamin.lynorae@epa.gov. 

3. Fax: 404–562–9019. 

4. Mail: EPA–R04–OAR–2005–KY– 

0003, Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Lynorae 

Benjamin, Chief, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R04–OAR–2005– 

KY–0003. 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 

through http://www.regulations.gov or 

e-mail, information that you consider to 

be CBI or otherwise protected. 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: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

i.e., 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. 

Publicly available docket materials are 

available either electronically in http:// 

www.regulations.gov or in hard copy at 

the Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. EPA 

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