32918 Federal Register / Vol. 77, No. 107 / Monday, June 4, 2012 / Proposed Rules 

A transcript of the public meeting will 

be included in the docket, which can be 

viewed as described in the Docket 

section at the beginning of this notice. 

In addition, any person may purchase a 

copy of the transcript from the 

transcribing reporter. 

C. Submission of Comments 

DOE will accept comments, data, and 

other information regarding the issues 

raised in this notice before or after the 

public meeting, but no later than the 

date provided at the beginning of this 

notice. Please submit comments, data, 

and other information as provided in 

the ADDRESSES section. Submit 

electronic comments in WordPerfect, 

Microsoft Word, PDF, or text (ASCII) file 

format and avoid the use of special 

characters or any form of encryption. 

Comments in electronic format should 

be identified by the docket number 

EERE–2010–BT–STD–0048 and/or RIN 

1904–AC04 and wherever possible carry 

the electronic signature of the author. 

No telefacsimilies (faxes) will be 

accepted. 

According to Title 10 of the Code of 

Federal Regulations, section 1004.11, 

any person submitting information that 

he or she believes to be confidential and 

exempt by law from public disclosure 

should submit two copies: One copy of 

the document including all the 

information believed to be confidential 

and one copy of the document with the 

information believed to be confidential 

deleted. DOE will make its own 

determination as to the confidential 

status of the information and treat it 

according to its determination. 

Factors of interest to DOE when 

evaluating requests to treat submitted 

information as confidential include (1) a 

description of the items; (2) whether 

and why such items are customarily 

treated as confidential within the 

industry; (3) whether the information is 

generally known by or available from 

other sources; (4) whether the 

information has previously been made 

available to others without obligation 

concerning its confidentiality; (5) an 

explanation of the competitive injury to 

the submitting person which would 

result from public disclosure; (6) a date 

upon which such information might 

lose its confidential nature due to the 

passage of time; and (7) why disclosure 

of the information would be contrary to 

the public interest. 

III. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of this notice. 

Issued in Washington, DC, on May 29, 

2012. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy, Energy 

Efficiency and Renewable Energy. 

[FR Doc. 2012–13401 Filed 6–1–12; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0491; Directorate 

Identifier 2011–NM–265–AD] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for certain 

The Boeing Company Model 737–100, 

–200, and –200C series airplanes. This 

proposed AD was prompted by a report 

of a severed upper butt strap, and cracks 

in the forward skin and bonded doubler, 

on one airplane. This proposed AD 

would require repetitive inspections for 

cracks and a chemical spot test in the 

area of station (STA) 908, and related 

investigative and corrective actions, if 

necessary. For certain airplanes, this 

proposed AD would require an 

inspection and modification. We are 

proposing this AD to prevent cracks at 

the adjacent mating skins (forward and 

aft), which could initiate just above 

stringers S–4R and S–4L; and could 

grow and result in a decompression 

event. 

DATES: We must receive comments on 

this proposed AD by July 19, 2012. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• 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: Deliver to Mail 

address above between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this proposed AD, contact Boeing 

Commercial Airplanes, Attention: Data 

& Services Management, P.O. Box 3707, 

MC 2H–65, Seattle, Washington 98124– 

2207; telephone 206–544–5000, 

extension 1; fax 206–766–5680; email 

me.boecom@boeing.com; Internet 

https://www.myboeingfleet.com. You 

may review copies of the referenced 

service information at the FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue SW., Renton, Washington 

98057–3356. For information on the 

availability of this material at the FAA, 

call (425) 227–1221. 

Examining the AD Docket 

You may examine the AD docket 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 AD 

docket contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Office 

(phone: 800–647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: 

Wayne Lockett, Aerospace Engineer, 

Airframe Branch, ANM–120S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue SW., Renton, 

Washington 98057–3356; phone: (425) 

917–6447; fax: (425) 917–6590; email: 

wayne.lockett@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposal. Send your comments to 

an address listed under the ADDRESSES

section. Include ‘‘Docket No. FAA– 

2012–0491; Directorate Identifier 2011– 

NM–265–AD’’ at the beginning of your 

comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD because 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 

about this proposed AD. 

Discussion 

We received a report of a severed 

upper butt strap, and cracks in the 

forward skin and bonded doubler, on 


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one airplane. Lab analysis of the upper 

butt strap identified 7075–T6 alloy, 

instead of the required 2024–T3 clad 

material. The airplane had accumulated 

approximately 61,000 total flight cycles 

and 58,000 total flight hours. The skin 

crack was found just above a previously 

installed lap joint modification. Such 

cracks, if not detected and corrected, 

could result in cracks at the adjacent 

mating skins (forward and aft), which 

could initiate just above stringers S–4R 

and S–4L; and could grow and result in 

a decompression event. 

Relevant Service Information 

We reviewed Boeing Special 

Attention Service Bulletin 737–53– 

1313, dated November 3, 2011. For 

information on the procedures and 

compliance times, see this service 

information at http:// 

www.regulations.gov by searching for 

Docket No. FAA–2012–0491. 

FAA’s Determination 

We are proposing this AD because we 

evaluated all the relevant information 

and determined the unsafe condition 

described previously is likely to exist or 

develop in other products of the same 

type design. 

Proposed AD Requirements 

This proposed AD would require 

repetitive inspections (detailed, external 

low frequency eddy current (LFEC), or 

internal LFEC) for cracks and a chemical 

spot test in the area of STA 908, and 

related investigative and corrective 

actions, if necessary. Related 

investigative actions include a detailed 

inspection for corrosion of the skin, skin 

doubler, and lower butt strap; an openhole high frequency eddy current 

(HFEC) inspection for cracks of the skin, 

skin doubler, lower butt strap, and 

stringer splices; and an open-hole HFEC 

for cracks of the STA 908 upper butt 

strap. Corrective actions involve 

repairing, installing a new stringer 

splice; and installing a new STA 908 

upper butt strap. 

For airplanes having line numbers 1 

through 291, this proposed AD would 

require actions (inspection and 

modification) done in accordance with 

a method approved by the Manager, 

Seattle Aircraft Certification Office 

(ACO). 

Differences Between the Proposed AD 

and the Service Information 

The service information specifies to 

contact the manufacturer for 

instructions on how to repair certain 

conditions, but this proposed AD would 

require repairing those conditions in 

one of the following ways: 

• In accordance with a method that 

we approve; or 

• Using data that meet the 

certification basis of the airplane, and 

that have been approved by the Boeing 

Commercial Airplanes Organization 

Designation Authorization (ODA) whom 

we have authorized to make those 

findings. 

In addition, Boeing has not provided 

specific procedures for airplanes having 

line numbers 1 through 291, but 

indicates to contact Boeing for 

instructions ‘‘before further flight.’’ The 

FAA is aware that only one of these 

airplanes is currently in operation, and 

it is a test bed airplane that is not used 

for revenue flights. This proposed AD 

requires operators to inspect and 

modify, as required, in accordance with 

a method approved by the Manager, 

Seattle ACO, within 120 days. 

Costs of Compliance 

We estimate that this proposed AD 

affects 61 airplanes of U.S. registry. 

We estimate the following costs to 

comply with this proposed AD: 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per product Cost on U.S. operators 

Inspection and test ....... 166 work-hours × $85 per hour = $14,110 per 

inspection cycle.

$0 $14,110 per inspection 

cycle.

$860,710 per inspection 

cycle. 

In addition, we have received no 

definitive data that would enable us to 

provide cost estimates for the actions 

that would be required for Group 1 

airplanes. 

We estimate the following costs to do 

any necessary related investigative 

actions, repairs, and installations that 

would be required based on the results 

of the proposed inspection and test. We 

have no way of determining the number 

of aircraft that might need these actions: 

ON-CONDITION COSTS

Action Labor cost Parts cost Cost per 

product 

Related investigative actions, repair, installation .............. 173 work-hours × $85 per hour = $14,705 ...................... $0 $14,705 

According to the manufacturer, some 

of the costs of this proposed AD may be 

covered under warranty, thereby 

reducing the cost impact on affected 

individuals. We do not control warranty 

coverage for affected individuals. As a 

result, we have included all costs in our 

cost estimate. 

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 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 


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32920 Federal Register / Vol. 77, No. 107 / Monday, June 4, 2012 / Proposed Rules 

distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify this 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), 

(3) Will not affect intrastate aviation 

in Alaska, and 

(4) 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. 

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 airworthiness 

directive (AD): 

The Boeing Company: Docket No. FAA– 

2012–0491; Directorate Identifier 2011– 

NM–265–AD. 

(a) Comments Due Date 

We must receive comments by July 19, 

2012. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to The Boeing Company 

Model 737–100, –200, and 200C series 

airplanes; certificated in any category; as 

identified in Boeing Special Attention 

Service Bulletin 737–53–1313, dated 

November 3, 2011. 

(d) Subject 

Joint Aircraft System Component (JASC)/ 

Air Transport Association (ATA) of America 

Code 53; Fuselage. 

(e) Unsafe Condition 

This AD was prompted by a report of a 

severed upper butt strap, and cracks in the 

forward skin and bonded doubler, on one 

airplane. We are issuing this AD to prevent 

cracks at the adjacent mating skins (forward 

and aft), which could initiate just above 

stringers S–4R and S–4L; and could grow and 

result in a decompression event. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Actions for Group 1 Airplanes 

For Group 1 airplanes, as identified in 

Boeing Special Attention Service Bulletin 

737–53–1313, dated November 3, 2011: 

Within 120 days after the effective date of 

this AD, inspect and modify, as required, 

using a method approved in accordance with 

the procedures specified in paragraph (k) of 

this AD. 

(h) Actions for Groups 2 and 3 Airplanes 

For Groups 2 and 3 airplanes, as identified 

in Boeing Special Attention Service Bulletin 

737–53–1313, dated November 3, 2011: 

Except as provided by paragraph (i)(1) of this 

AD, at the applicable times identified in 

paragraph 1.E., ‘‘Compliance,’’ of Boeing 

Special Attention Service Bulletin 737–53– 

1313, dated November 3, 2011, do the actions 

specified in paragraphs (h)(1) and (h)(2) of 

this AD, in accordance with the 

Accomplishment Instructions of Boeing 

Special Attention Service Bulletin 737–53– 

1313, dated November 3, 2011, except as 

provided by paragraph (i)(2) of this AD. 

(1) Do one of the inspection options 

identified in paragraphs (h)(1)(i), (h)(1)(ii), 

and (h)(1)(iii) of this AD; and do all 

applicable related investigative and 

corrective actions. Do all applicable related 

investigative and corrective actions before 

further flight. 

(i) Inspection Option 1: Do a detailed 

inspection for cracks of the station (STA) 908 

forward and aft skin. Thereafter, repeat the 

inspection at intervals not to exceed 500 

flight cycles until the chemical spot test 

required by paragraph (h)(2) of this AD is 

done. 

(ii) Inspection Option 2: Do a one-time 

external low-frequency eddy current (LFEC) 

inspection for cracks of the STA 908 upper 

butt strap. 

(iii) Inspection Option 3: Do a one-time 

internal LFEC inspection for cracks of the 

STA 908 upper butt strap. 

(2) Do a chemical spot test of the STA 908 

upper butt strap to determine the part 

material, and do all applicable related 

investigative and corrective actions. Do all 

applicable related investigative and 

corrective actions at the times specified in 

paragraph 1.E., ‘‘Compliance,’’ of Boeing 

Special Attention Service Bulletin 737–53– 

1313, dated November 3, 2011, except as 

provided by paragraph (i)(1) of this AD. 

Confirming the upper butt strap is made from 

2000 series aluminum terminates the 

inspections required by paragraph (h)(1) of 

this AD. 

(i) Exceptions to the Service Information 

(1) Where Boeing Special Attention Service 

Bulletin 737–53–1313, dated November 3, 

2011, specifies a compliance time ‘‘after the 

original issue date of the service bulletin,’’ 

this AD requires compliance within the 

specified compliance time after the effective 

date of this AD. 

(2) Where Boeing Special Attention Service 

Bulletin 737–53–1313, dated November 3, 

2011, specifies to contact Boeing for repair 

instructions: Before further flight, repair 

using a method approved in accordance with 

the procedures specified in paragraph (k) of 

this AD. 

(j) Terminating Action 

Replacing the STA 908 upper butt strap 

and doing all applicable related investigative 

and corrective actions, in accordance with 

Part 4, Part 5, and Part 6, in accordance with 

the Accomplishment Instructions of Boeing 

Special Attention Service Bulletin 737–53– 

1313, dated November 3, 2011, except as 

provided by paragraph (i)(2) of this AD, 

terminates the inspections and chemical spot 

test required by this AD. 

(k) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Seattle Aircraft 

Certification Office (ACO), FAA, has the 

authority to approve AMOCs for this AD, if 

requested using the procedures found in 14 

CFR 39.19. In accordance with 14 CFR 39.19, 

send your request to your principal inspector 

or local Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the ACO, send it to the 

attention of the person identified in the 

Related Information section of this AD. 

Information may be emailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required by this AD if it is approved by the 

Boeing Commercial Airplanes Organization 

Designation Authorization (ODA) that has 

been authorized by the Manager, Seattle 

ACO, to make those findings. For a repair 

method to be approved, the repair must meet 

the certification basis of the airplane, and the 

approval must specifically refer to this AD. 

(l) Related Information 

(1) For more information about this AD, 

contact Wayne Lockett, Aerospace Engineer, 

Airframe Branch, ANM–120S, FAA, Seattle 

Aircraft Certification Office, 1601 Lind 

Avenue SW., Renton, Washington 98057– 

3356; phone: (425) 917–6447; fax: (425) 917– 

6590; email: wayne.lockett@faa.gov. 

(2) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, P.O. Box 3707, MC 2H–65, 

Seattle, Washington 98124–2207; telephone 

206–544–5000, extension 1; fax 206–766– 

5680; email me.boecom@boeing.com; Internet 

https://www.myboeingfleet.com. You may 

also review the referenced service 

information in the docket at 

www.regulations.gov (refer to Docket No. 

FAA–2012–0491. You may review copies of 

the referenced service information at the 

FAA, Transport Airplane Directorate, 1601 

Lind Avenue SW., Renton, Washington. For 

information on the availability of this 

material at the FAA, call (425) 227–1221. 


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Federal Register / Vol. 77, No. 107 / Monday, June 4, 2012 / Proposed Rules 32921 

Issued in Renton, Washington, on May 18, 

2012. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–13439 Filed 6–1–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2012–0384; Airspace 

Docket No. 12–ANM–9] 

Proposed Amendment of Class D and 

E Airspace; Lewiston, ID 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

modify Class E airspace at Lewiston-Nez 

Perce County Airport, Lewiston, ID. 

Controlled airspace is necessary to 

accommodate aircraft using Area 

Navigation (RNAV) Global Positioning 

System (GPS) standard instrument 

approach procedures at Lewiston-Nez 

Perce County Airport, Lewiston, ID. The 

geographic coordinates of the airport 

and navigation aids also would be 

adjusted in the respective Class D and 

Class E airspace areas. The FAA is 

proposing this action to enhance the 

safety and management of aircraft 

operations at Lewiston-Nez Perce 

County Airport, Lewiston, ID. 

DATES: Comments must be received on 

or before July 19, 2012. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590; telephone (202) 

366–9826. You must identify FAA 

Docket No. FAA–2012–0384; Airspace 

Docket No. 12–ANM–9, at the beginning 

of your comments. You may also submit 

comments through the Internet at 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Eldon Taylor, Federal Aviation 

Administration, Operations Support 

Group, Western Service Center, 1601 

Lind Avenue SW., Renton, WA 98057; 

telephone (425) 203–4537. 

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 (FAA Docket No. FAA 

2012–0384 and Airspace Docket No. 12– 

ANM–9) 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 FAA 

Docket No. FAA–2012–0384 and 

Airspace Docket No. 12–ANM–9’’. The 

postcard will be date/time stamped and 

returned to the commenter. 

All communications received on or 

before the specified closing date for 

comments will be considered before 

taking action on the proposed rule. The 

proposal contained in this action may 

be changed in light of comments 

received. All comments submitted will 

be available for examination in the 

public docket both before and after the 

closing date for comments. 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 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/. 

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 the 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 Northwest 

Mountain Regional Office of the Federal 

Aviation Administration, Air Traffic 

Organization, Western Service Center, 

Operations Support Group, 1601 Lind 

Avenue SW., Renton, WA 98057. 

Persons interested in being placed on 

a mailing list for future NPRMs should 

contact the FAA’s Office of Rulemaking, 

(202) 267–9677, for a copy of Advisory 

Circular No. 11–2A, Notice of Proposed 

Rulemaking Distribution System, which 

describes the application procedure. 

The Proposal 

The FAA is proposing an amendment 

to Title 14 Code of Federal Regulations 

(14 CFR) Part 71 by modifying Class E 

airspace extending upward from 700 

feet above the surface at Lewiston-Nez 

Perce County Airport, Lewiston, ID, to 

accommodate aircraft using RNAV 

(GPS) standard instrument approach 

procedures at the airport. Also, the 

geographic coordinates of the airport, 

the Nez Perce VOR/DME, and the 

Lewiston-Nez Perce ILS Localizer 

navigation aids, would be updated to 

coincide with the FAA’s aeronautical 

database for the respective Class D 

airspace and Class E airspace areas. This 

action would enhance the safety and 

management of aircraft operations at 

Lewiston-Nez Perce County Airport, 

Lewiston, ID. 

Class D and E airspace designations 

are published in paragraphs 5000, 6002, 

6004, and 6005, respectively, of FAA 

Order 7400.9V, dated August 9, 2011, 

and effective September 15, 2011, which 

is incorporated by reference in 14 CFR 

Part 71.1. The Class D and E airspace 

designations listed in this document 

will be published subsequently in this 

Order. 

The FAA has determined this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. 

Therefore, this proposed 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 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 U.S. Code. Subtitle 1, 

Section 106, describes the authority for 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the agency’s 


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