This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

26148 

Vol. 75, No. 90 

Tuesday, May 11, 2010 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. 95–NM–215–AD] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Model 737–100 and –200 

Series Airplanes 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Proposed rule; withdrawal. 

SUMMARY: This action withdraws a 

supplemental notice of proposed 

rulemaking (NPRM) that proposed a 

new airworthiness directive (AD), 

applicable to certain Model 737–100 

and –200 series airplanes. That action 

would have superseded an existing AD 

that requires various inspections for 

cracks in the outboard chord of the 

frame at body station (BS) 727 and in 

the outboard chord of stringer 18A; and 

repair or replacement of cracked parts. 

That action also would have added 

inspections for certain airplanes, revised 

certain compliance times for all 

airplanes, and added airplanes to the 

applicability. Since the issuance of the 

supplemental NPRM, the Federal 

Aviation Administration (FAA) has 

received revised service information 

that will significantly change the 

requirements proposed by the 

supplemental NPRM. Accordingly, the 

proposed rule is withdrawn. 

FOR FURTHER INFORMATION CONTACT: 

Alan Pohl, Aerospace Engineer, 

Airframe Branch, ANM–120S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 917–6450; fax (425) 917–6590. 

SUPPLEMENTARY INFORMATION: A 

proposal to amend part 39 of the Federal 

Aviation Regulations (14 CFR part 39) to 

add an airworthiness directive (AD), 

applicable to certain Model 737–100 

and –200 series airplanes, was 

published in the Federal Register as a 

supplemental Notice of Proposed 

Rulemaking (NPRM) on July 10, 2001 

(66 FR 35912). That supplemental 

NPRM proposed to supersede AD 95– 

12–17, Amendment 39–9268 (60 FR 

36981, July 24, 1995). That 

supplemental NPRM would have 

continued to require various inspections 

for cracks in the outboard chord of the 

frame at body station (BS) 727 and in 

the outboard chord of stringer 18A; and 

repair or replacement of cracked parts. 

That supplemental NPRM also would 

have added inspections for certain 

airplanes, revised certain compliance 

times for all airplanes, and added 

airplanes to the applicability. That 

supplemental NPRM was prompted by 

reports of fatigue cracks in those 

outboard chords. The proposed actions 

were intended to detect and correct 

fatigue cracking, which could result in 

reduced structural integrity of the 

outboard chords, and consequent rapid 

decompression of the airplane. 

Actions That Occurred Since the 

Supplemental NPRM Was Issued 

Since the issuance of that 

supplemental NPRM, The Boeing 

Company has issued revised service 

information that is significantly changed 

from the service information referenced 

in the supplemental NPRM. As a result, 

substantial changes to the requirements 

proposed in the supplemental NPRM 

are necessary. 

FAA’s Conclusions 

The FAA has determined that the best 

course of action is to withdraw the 

supplemental NPRM and issue a new 

NPRM with revised requirements 

referencing the updated service 

information. Accordingly, the proposed 

rule is hereby withdrawn. 

Withdrawal of this supplemental 

NPRM constitutes only such action, and 

does not preclude the agency from 

issuing another action in the future, nor 

does it commit the agency to any course 

of action in the future. 

Regulatory Impact 

Since this action only withdraws a 

supplemental NPRM, it is neither a 

proposed nor a final rule and therefore 

is not covered under Executive Order 

12866, the Regulatory Flexibility Act, or 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979). 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Withdrawal 

Accordingly, the supplemental 

NPRM, Docket No. 95–NM–215–AD, 

published in the Federal Register on 

July 10, 2001 (66 FR 35912), is 

withdrawn. 

Issued in Renton, Washington, on May 4, 

2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–11179 Filed 5–10–10; 8:45 am] 

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DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2010–0429; Airspace 

Docket No. 10–ASO–24] 

Establishment of Class E Airspace; 

Homestead, FL 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

establish Class E Airspace at 

Homestead, FL, to accommodate the 

additional airspace needed for the 

Standard Instrument Approach 

Procedures (SIAPs) developed for 

Homestead General Aviation Airport. 

This action enhances the safety and 

airspace management of Instrument 

Flight Rules (IFR) operations at the 

airport. 

DATES: 0901 UTC. Comments must be 

received on or before June 25, 2010. 

ADDRESSES: Send comments on this rule 

to: U.S. Department of Transportation, 

Docket Operations, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590–0001; Telephone: 1–800– 

647–5527; Fax: 202–493–2251. You 

must identify the Docket Number FAA– 

2010–0429; Airspace Docket No. 10– 

ASO–24, at the beginning of your 

comments. You may also submit and 

review received comments through the 

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


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Proposed Rules 26149 

FOR FURTHER INFORMATION CONTACT: 

Melinda Giddens, Operations Support 

Group, Eastern Service Center, Federal 

Aviation Administration, P.O. Box 

20636, Atlanta, Georgia 30320; 

telephone (404) 305–5610. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested persons are invited to 

comment on this rule 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 (FAA Docket No. FAA– 

2010–0429; Airspace Docket No. 10– 

ASO–24) and be submitted in triplicate 

to the Docket Management System (see 

ADDRESSES section for address and 

phone number). You may also submit 

comments through the Internet at http:// 

www.regulations.gov. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this action must submit with those 

comments a self-addressed stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket No. FAA–2010–0429; Airspace 

Docket No. 10–ASO–24.’’ The postcard 

will be date/time stamped and returned 

to the commenter. 

All communications received before 

the specified closing date for comments 

will be considered before taking action 

on the proposed rule. The proposal 

contained in this notice may be changed 

in light of the comments received. A 

report summarizing each substantive 

public contact with FAA personnel 

concerned with this rulemaking will be 

filed in the docket. 

Availability of NPRMs 

An electronic copy of this document 

may be downloaded from and 

comments submitted through 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/. 

You may review the public docket 

containing the proposal, any comments 

received, and any final disposition in 

person in the Dockets Office (see the 

ADDRESSES section for address and 

phone number) between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal Holidays. An informal docket 

may also be examined during normal 

business hours at the office of the 

Eastern Service Center, Federal Aviation 

Administration, Room 210, 1701 

Columbia Avenue, College Park, Georgia 

30337. 

Persons interested in being placed on 

a mailing list for future NPRM’s 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 

The FAA is considering an 

amendment to Title 14, Code of Federal 

Regulations (14 CFR) part 71 to establish 

Class E airspace at Homestead, FL to 

provide controlled airspace required to 

support the SIAPs for Homestead 

General Aviation Airport. Class E 

airspace extending upward from 700 

feet above the surface would be 

established for the safety and 

management of IFR operations. 

Class E airspace designations are 

published in Paragraph 6005 of FAA 

order 7400.9T, signed August 27, 2009, 

and effective September 15, 2009, which 

is incorporated by reference in 14 CFR 

71.1. The Class E airspace designation 

listed in this document will 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 

proposed rule, when promulgated, 

would 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 United States Code. 

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. This proposed 

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 proposed regulation is 

within the scope of that authority as it 

would establish Class E airspace 

Homestead General Aviation Airport, 

Homestead, FL. 

Lists 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 CLASS E AIRSPACE 

AREAS; AIR TRAFFIC SERVICE 

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 7400.9T, Airspace 

Designations and Reporting Points, 

signed August 27, 2009, effective 

September 15, 2009, is amended as 

follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward from 700 feet or More 

Above the Surface of the Earth. 

* * * * * 

ASO FL E5 Homestead, FL [NEW] 

Homestead General Aviation Airport, FL 

(Lat. 25°29′57′′ N., long. 80°33′15′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.5-mile 

radius of the Homestead General Aviation 

Airport. 

Issued in College Park, Georgia, on May 3, 

2010. 

Mark D. Ward, 

Manager, Operations Support Group, Eastern 

Service Center, Air Traffic Organization. 

[FR Doc. 2010–11224 Filed 5–10–10; 8:45 am] 

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