Proposed Establishment of Class D Airspace; Branson, MO, 70287-70288 [E8-27544]

Download as PDF rwilkins on PROD1PC63 with PROPOSALS Federal Register / Vol. 73, No. 225 / Thursday, November 20, 2008 / Proposed Rules Dassault Aviation 2000 series airplanes, modified by Aircell LLC in lieu of the requirements of § 25.1353(c)(1) through (c)(4), Amendment 25–113. Lithium batteries and battery installations on Dassault Aviation 2000 series airplanes must be designed and installed as follows: 1. Safe cell temperatures and pressures must be maintained during any foreseeable charging or discharging condition and during any failure of the charging or battery monitoring system not shown to be extremely remote. The lithium battery installation must preclude explosion in the event of those failures. 2. Design of the lithium batteries must preclude the occurrence of selfsustaining, uncontrolled increases in temperature or pressure. 3. No explosive or toxic gases emitted by any lithium battery in normal operation or as the result of any failure of the battery charging system, monitoring system, or battery installation which is not shown to be extremely remote may accumulate in hazardous quantities within the airplane. 4. Installations of lithium batteries must meet the requirements of § 25.863(a) through (d). 5. No corrosive fluids or gases that may escape from any lithium battery may damage surrounding structure or any adjacent systems, equipment, or electrical wiring of the airplane in such a way as to cause a major or more severe failure condition, in accordance with § 25.1309(b) and applicable regulatory guidance. 6. Each lithium battery installation must have provisions to prevent any hazardous effect on structure or essential systems caused by the maximum amount of heat the battery can generate during a short circuit of the battery or of its individual cells. 7. Lithium battery installations must have a system to control the charging rate of the battery automatically, so as to prevent battery overheating or overcharging, and, (a) A battery temperature sensing and over-temperature warning system with a means for automatically disconnecting the battery from its charging source in the event of an over-temperature condition, or (b) A battery failure sensing and warning system with a means for automatically disconnecting the battery from its charging source in the event of battery failure. 8. Any lithium battery installation whose function is required for safe operation of the airplane must incorporate a monitoring and warning VerDate Aug<31>2005 18:25 Nov 19, 2008 Jkt 217001 feature that will provide an indication to the appropriate flight crewmembers whenever the state-of-charge of the batteries has fallen below levels considered acceptable for dispatch of the airplane. 9. The Instructions for Continued Airworthiness required by § 25.1529 must contain maintenance requirements to assure that the lithium battery is sufficiently charged at appropriate intervals specified by the battery manufacturer. The Instructions for Continued Airworthiness must also contain procedures for the maintenance of lithium batteries in spares storage to prevent the replacement of batteries whose function is required for safe operation of the airplane with batteries that have experienced degraded charge retention ability or other damage due to prolonged storage at a low state of charge. Precautions should be included in the Instructions for Continued Airworthiness maintenance instructions to prevent mishandling of the lithium battery which could result in shortcircuit or other unintentional damage that could result in personal injury or property damage. Note 1: The term ‘‘sufficiently charged’’ means that the battery will retain enough of a charge, expressed in ampere-hours, to ensure that the battery cells will not be damaged. A battery cell may be damaged by lowering the charge below a point where there is a reduction in the ability to charge and retain a full charge. This reduction would be greater than the reduction that may result from normal operational degradation. Note 2: These special conditions are not intended to replace § 25.1353(c), Amendment 25–113 in the certification basis of the Aircell LLC supplemental type certificate. These special conditions apply only to lithium batteries and their installations. The requirements of § 25.1353(c), Amendment 25–113 remain in effect for batteries and battery installations on the Aircell LLC supplemental type certificate that do not use lithium batteries. Compliance with the requirements of these special conditions must be shown by test or analysis, with the concurrence of the Fort Worth Special Certification Office. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8–27538 Filed 11–19–08; 8:45 am] BILLING CODE 4910–13–P PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 70287 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2008–1102; Airspace Docket No. 08–AGL–8] Proposed Establishment of Class D Airspace; Branson, MO Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking. AGENCY: SUMMARY: This action proposes to establish Class D airspace at Branson Airport, Branson, MO. The establishment of an air traffic control tower has made this action necessary for the safety of Instrument Flight Rule (IFR) operations at Branson Airport. DATES: 0901 UTC. Comments must be received on or before January 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–2008– 1102/Airspace Docket No. 08–AGL–8, at the beginning of your comments. You may also submit comments through the Internet at https://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 Area, Operations Support Group, Federal Aviation Administration, Southwest Region, 2601 Meacham Blvd., Fort Worth, TX 76193–0530; telephone: (817) 222–5582. 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 E:\FR\FM\20NOP1.SGM 20NOP1 70288 Federal Register / Vol. 73, No. 225 / Thursday, November 20, 2008 / Proposed Rules 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–2008–1102/Airspace Docket No. 08–AGL–8.’’ The postcard will be date/time stamped and returned to the commenter. rwilkins on PROD1PC63 with PROPOSALS Availability of NPRMs An electronic copy of this document may be downloaded through the Internet at https://www.regulations.gov. Recently published rulemaking documents can also be accessed through the FAA’s Web page at https:// 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 establishing Class D airspace for IFR operations at Branson Airport, Branson, MO, where a new control tower has been installed. The Class D airspace will revert to a Class E Surface Area during those periods when the control tower is not operating. This area would be depicted on appropriate aeronautical charts. Class D airspace areas are published in Paragraph 5000 of FAA Order 7400.9S, dated October 3, 2008, and effective October 31, 2008, which is incorporated by reference in 14 CFR 71.1. The Class D 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 VerDate Aug<31>2005 18:25 Nov 19, 2008 Jkt 217001 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 establish controlled airspace at Branson Airport, Branson, MO. 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; 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 5000 Class D Airspace. * * * * * ACE MO D Branson, MO [New] Branson Airport, MO (Lat. 36°31′55″ N., long. 93°12′02″ W.) That airspace extending upward from the surface to and including 3,800 feet MSL PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 within a 4.1-mile radius of Branson Airport. This Class D airspace area is effective during the specific dates and times established in advance by a Notice to Airmen. The effective date and time will thereafter be continuously published in the Airport/Facility Directory. Issued in Fort Worth, TX on October 28, 2008. Walter L. Tweedy, Acting Manager, Operations Support Group, ATO Central Service Center. [FR Doc. E8–27544 Filed 11–19–08; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [REG–155087–05] RIN 1545–BF17 Alcohol Fuel and Biodiesel; Renewable Diesel; Alternative Fuel; Diesel-Water Fuel Emulsion; Taxable Fuel Definitions; Excise Tax Returns; Hearing Internal Revenue Service (IRS), Treasury. ACTION: Notice of public hearing on proposed rulemaking. AGENCY: SUMMARY: This document provides notice of public hearing on proposed regulations relating to credits and payments for alcohol mixtures, biodiesel mixtures, renewable diesel mixtures, alternative fuel mixtures, and alternative fuel sold for use or used as a fuel, as well as proposed regulations relating to the definition of gasoline and diesel fuel. DATES: The public hearing is being held on Monday, February 9, 2009, at 10 a.m. The IRS must receive outlines of the topics to be discussed at the public hearing by Friday, January 9, 2009. ADDRESSES: The public hearing is being held in the IRS Auditorium, Internal Revenue Service Building, 1111 Constitution Avenue, NW., Washington, DC 20224. Send Submissions to CC:PA:LPD:PR (REG–155087–05), room 5205, Internal Revenue Service, P.O. Box 7604, Ben Franklin Station, Washington, DC 20044. Submissions may be handdelivered Monday through Friday to CC:PA:LPD:PR (REG–155087–05), Couriers Desk, Internal Revenue Service, 1111 Constitution Avenue, NW., Washington, DC, or sent electronically via the Federal erulemaking Portal at https:// www.regulations.gov (IRS–REG– 155087–05). E:\FR\FM\20NOP1.SGM 20NOP1

Agencies

[Federal Register Volume 73, Number 225 (Thursday, November 20, 2008)]
[Proposed Rules]
[Pages 70287-70288]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-27544]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-1102; Airspace Docket No. 08-AGL-8]


Proposed Establishment of Class D Airspace; Branson, MO

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: This action proposes to establish Class D airspace at Branson 
Airport, Branson, MO. The establishment of an air traffic control tower 
has made this action necessary for the safety of Instrument Flight Rule 
(IFR) operations at Branson Airport.

DATES: 0901 UTC. Comments must be received on or before January 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-2008-1102/Airspace Docket No. 08-
AGL-8, at the beginning of your comments. You may also submit comments 
through the Internet at https://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 Area, 
Operations Support Group, Federal Aviation Administration, Southwest 
Region, 2601 Meacham Blvd., Fort Worth, TX 76193-0530; telephone: (817) 
222-5582.

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

[[Page 70288]]

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-2008-1102/Airspace Docket No. 08-AGL-8.'' 
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 https://www.regulations.gov. Recently published rulemaking 
documents can also be accessed through the FAA's Web page at https://
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 establishing Class D airspace for IFR operations 
at Branson Airport, Branson, MO, where a new control tower has been 
installed. The Class D airspace will revert to a Class E Surface Area 
during those periods when the control tower is not operating. This area 
would be depicted on appropriate aeronautical charts.
    Class D airspace areas are published in Paragraph 5000 of FAA Order 
7400.9S, dated October 3, 2008, and effective October 31, 2008, which 
is incorporated by reference in 14 CFR 71.1. The Class D 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 establish 
controlled airspace at Branson Airport, Branson, MO.

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; 
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.


Sec.  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 5000 Class D Airspace.

* * * * *

ACE MO D Branson, MO [New]

Branson Airport, MO
    (Lat. 36[deg]31'55'' N., long. 93[deg]12'02'' W.)

    That airspace extending upward from the surface to and including 
3,800 feet MSL within a 4.1-mile radius of Branson Airport. This 
Class D airspace area is effective during the specific dates and 
times established in advance by a Notice to Airmen. The effective 
date and time will thereafter be continuously published in the 
Airport/Facility Directory.

    Issued in Fort Worth, TX on October 28, 2008.
Walter L. Tweedy,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. E8-27544 Filed 11-19-08; 8:45 am]
BILLING CODE 4910-13-P
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