27076 Federal Register / Vol. 74, No. 108 / Monday, June 8, 2009 / Rules and Regulations 

the regulated article must be sufficiently 

described on the certificate or limited 

permit and on the waybill to identify 

the regulated article. 

(b) The certificate or limited permit 

for the interstate movement of a 

regulated article must be furnished by 

the carrier or the carrier’s representative 

to the consignee listed on the certificate 

or limited permit upon arrival at the 

location provided on the certificate or 

limited permit. 

(Approved by the Office of Management and 

Budget under control number 0579–0337) 

§ 301.55–9 Costs and charges. 

The services of the inspector during 

normal business hours (8 a.m. to 4:30 

p.m., Monday through Friday, except 

holidays) will be furnished without 

cost. APHIS will not be responsible for 

all costs or charges incident to 

inspections or compliance with the 

provisions of the quarantine and 

regulations in this subpart, other than 

for the services of the inspector. 

Done in Washington, DC, this 2nd day of 

June 2009. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. E9–13317 Filed 6–5–09; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 36 

Calculation of Noise Levels Published 

in Advisory Circular 36–3 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Statement of policy. 

SUMMARY: This action clarifies the 

Federal Aviation Administration’s 

(FAA) policy on the calculation of 

derived noise levels submitted for 

publication in Advisory Circular (AC) 

36–3, Estimated Airplane Noise Levels 

in A–Weighted Decibels. This action is 

intended to provide guidance on 

calculating the derived levels used in 

that publication. 

FOR FURTHER INFORMATION CONTACT: Mr. 

James Skalecky, Office of Environment 

and Energy (AEE–100), Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone (202) 267–3699; facsimile 

(202) 267–5594; e-mail 

James.Skalecky@faa.gov. 

Background 

Paragraph 3 of AC 36–3 states that ‘‘14 

CFR part 36 requires the reporting of 

turbojet and large transport category 

aircraft certificated noise levels in units 

of Effective Perceived Noise Level in 

decibels (EPNdB). Many airport and 

other community noise analyses utilize 

a noise rating scale that is based upon 

A-weighted decibels. For this reason, Aweighted noise levels for aircraft under 

14 CFR part 36 conditions have been 

estimated to provide a reference source 

for aircraft noise levels that is consistent 

with the many noise rating scales 

having A-weighted noise level as the 

basic measure.’’ The noise levels 

published in AC 36–3 for turbojet and 

large transport category airplanes are 

usually submitted to the FAA by the 

airplane type certificate (or 

supplemental type certificate) holder. 

The entity submitting the noise levels 

for publication is responsible for 

deriving the A-weighted level from the 

EPNdB levels submitted for 

certification. 

Recently, we received an inquiry 

requesting a clarification of those 

reference procedures, data analysis 

procedures, and data corrections that 

are to be used in deriving A-weighted 

noise levels for publication in AC 36– 

3. The question and our policy stated in 

this document apply only to noise levels 

for turbojet and large transport category 

airplanes. 

Policy Statement 

In order to ensure that all airplane 

noise levels submitted for publication in 

AC 36–3 are derived in a consistent 

manner, it is the FAA’s policy that the 

noise levels be derived using the same 

reference procedures, data analysis 

procedures, and data corrections/ 

adjustments that were used in deriving 

the 14 CFR part 36 certificated noise 

levels. The only exceptions are for 

deviations necessitated by (1) 

differences between the effective 

perceived noise level and A-weighted 

sound level metrics, or (2) inclusion of 

approach noise levels corresponding to 

use of less than the maximum flap 

setting, as permitted under AC 36–3, 

paragraph 4.a. In the case of number 2, 

the deviation is limited to the use of an 

approach configuration other than the 

noise-critical configuration that is 

required for the noise certification 

approach reference procedure by part 

36, Appendix B, paragraph B36.7(c)(5). 

Such deviations must be identified to 

the FAA when the data are submitted 

for inclusion in the AC. No other 

deviations will be accepted. 

When an airplane model that is 

already listed in AC 36–3 is 

recertificated from 14 CFR part 36 Stage 

3 to Stage 4, the noise levels 

corresponding to the Stage 3 

configuration are not automatically 

replaced. The Stage 3 noise levels will 

remain in AC 36–3, unless noise levels 

corresponding to the Stage 4 

configuration are submitted for 

publication. If Stage 4 noise levels are 

submitted, the FAA will remove the 

Stage 3 noise levels from AC 36–3 for 

that model and replace them with the 

Stage 4 noise levels when the AC is 

updated. 

Noise levels submitted for Stage 4 

configurations must conform to this 

policy for deriving noise levels 

submitted for publication in AC 36–3. 

Issued in Washington, DC, on June 2, 2009. 

Lourdes Q. Maurice, 

Acting Director of Environment and Energy. 

[FR Doc. E9–13333 Filed 6–5–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–1236; Airspace 

Docket No. 08–AGL–16] 

Amendment of Class E Airspace; 

Waverly, OH 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Class E 

airspace at Waverly, OH. Additional 

controlled airspace is necessary to 

accommodate Area Navigation (RNAV) 

Standard Instrument Approach 

Procedures (SIAP) at Pike County 

Airport, Waverly, OH. The FAA is 

taking this action to enhance the safety 

and management of Instrument Flight 

Rule (IFR) operations at Pike County 

Airport. 

DATES: Effective Date: 0901 UTC, August 

27, 2009. The Director of the Federal 

Register approves this incorporation by 

reference action under 1 CFR Part 51, 

subject to the annual revision of FAA 

Order 7400.9 and publication of 

conforming amendments. 

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: 


cprice-sewell on PRODPC61 with RULES
Federal Register / Vol. 74, No. 108 / Monday, June 8, 2009 / Rules and Regulations 27077 

History 

On March 12, 2009, the FAA 

published in the Federal Register a 

notice of proposed rulemaking to amend 

Class E airspace at Waverly, OH, adding 

additional controlled airspace at Pike 

County Airport, Waverly, OH. (74 FR 

10690, Docket No. FAA–2009–1236). 

Interested parties were invited to 

participate in this rulemaking effort by 

submitting written comments on the 

proposal to the FAA. No comments 

were received. 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 Part 71.1. The Class 

E airspace designations listed in this 

document will be published 

subsequently in the Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) Part 71 by 

amending Class E airspace at Waverly, 

OH, adding additional controlled 

airspace at Pike County Airport, 

Waverly, OH, for the safety and 

management of IFR operations. 

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. Therefore, this 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 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 adds 

additional controlled airspace at Pike 

County Airport, Waverly, OH. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

■ In consideration of the foregoing, the 

Federal Aviation Administration 

amends 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 Part 71.1 of the Federal Aviation 

Administration 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. 

* * * * * 

AGL OH E5 Waverly, OH [Amended] 

Pike County Airport, OH 

(Lat. 39°10′01′′ N., long. 82°55′41′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 9.9-mile 

radius of Pike County Airport. 

* * * * * 

Issued in Fort Worth, Texas, on May 18, 

2009. 

Anthony D. Roetzel, 

Manager, Operations Support Group, ATO 

Central Service Center. 

[FR Doc. E9–13182 Filed 6–5–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–0127; Airspace 

Docket No. 09–AGL–4] 

Amendment of Class E Airspace; 

Cleveland, OH 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Class E 

airspace at Cleveland, OH. Additional 

controlled airspace is necessary to 

accommodate Area Navigation (RNAV) 

Standard Instrument Approach 

Procedures (SIAP) at Lorain County 

Regional Airport, Lorain, OH. The FAA 

is taking this action to enhance the 

safety and management of Instrument 

Flight Rule (IFR) operations at Lorain 

County Regional Airport. 

DATES: Effective Date: 0901 UTC, August 

27, 2009. The Director of the Federal 

Register approves this incorporation by 

reference action under 1 CFR Part 51, 

subject to the annual revision of FAA 

Order 7400.9 and publication of 

conforming amendments. 

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: 

History 

On March 9, 2009, the FAA published 

in the Federal Register a notice of 

proposed rulemaking to amend Class E 

airspace at Cleveland, OH, adding 

additional controlled airspace at Lorain 

County Regional Airport, Cleveland, 

OH. (74 FR 9973, Docket No. FAA– 

2009–0127). Interested parties were 

invited to participate in this rulemaking 

effort by submitting written comments 

on the proposal to the FAA. No 

comments were received. 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 Part 71.1. The 

Class E airspace designations listed in 

this document will be published 

subsequently in the Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) Part 71 by 

amending Class E airspace at Cleveland, 

OH, adding additional controlled 

airspace at Lorain County Regional 

Airport, Lorain, OH, for the safety and 

management of IFR operations. 

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. Therefore, this 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 


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