Federal Register / Vol. 78, No. 61 / Friday, March 29, 2013 / Rules and Regulations 19093 

(3) For Model ERJ 190–100 ECJ airplanes: 

Embraer Service Bulletin 190LIN–26–0006, 

Revision 01, dated June 19, 2012. 

(j) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, Transport Airplane 

Directorate, 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 International Branch, send it to ATTN: 

Cindy Ashforth, Aerospace Engineer, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA, 1601 Lind 

Avenue SW., Renton, WA 98057–3356; 

telephone (425) 227–2768; fax (425) 227– 

1149. Information may be emailed to: 9- 

ANM-116-AMOC-REQUESTS@faa.gov. 

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. The AMOC 

approval letter must specifically reference 

this AD. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(k) Related Information 

Refer to MCAI Brazilian Airworthiness 

Directives 2012–07–01 and 2012–07–02, both 

effective July 30, 2012, and the service 

bulletins identified in paragraphs (k)(1), 

(k)(2), and (k)(3) of this AD, for related 

information. 

(1) Embraer Service Bulletin 170–26–0011, 

Revision 02, dated October 17, 2012. 

(2) Embraer Service Bulletin 190–26–0011, 

Revision 02, dated October 17, 2012. 

(3) Embraer Service Bulletin 190LIN–26– 

0006, Revision 02, dated September 28, 2012. 

(l) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) Embraer Service Bulletin 170–26–0011, 

Revision 02, October 17, 2012. 

(ii) Embraer Service Bulletin 190–26–0011, 

Revision 02, dated October 17, 2012. 

(iii) Embraer Service Bulletin 190LIN–26– 

0006, Revision 02, dated September 28, 2012. 

(3) For service information identified in 

this AD, contact Embraer S.A., Technical 

Publications Section (PC 060), Av. Brigadeiro 

Faria Lima, 2170—Putim—12227–901 Sa ̃o 

Jose dos Campos—SP—BRASIL; telephone 

+55 12 3927–5852 or +55 12 3309–0732; fax 

+55 12 3927–7546; email 

distrib@embraer.com.br; Internet http:// 

www.flyembraer.com. 

(4) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue SW., Renton, 

WA. For information on the availability of 

this material at the FAA, call 425–227–1221. 

(5) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, call 

202–741–6030, or go to: http:// 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued in Renton, Washington, on March 6, 

2013. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2013–05839 Filed 3–28–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–1417; Directorate 

Identifier 2011–NM–159–AD; Amendment 

39–17382; AD 2013–05–10] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

The Boeing Company Model 777 

airplanes. This AD was prompted by 

reports that escape slides/rafts did not 

deploy due to galvanic corrosion of the 

door-mounted slide/raft packboard 

release mechanisms. This AD requires 

doing a general visual inspection of the 

housing assembly of the packboard 

release mechanism to determine if its 

surface treatment has been sealed, and 

if the surface of the housing assembly is 

unsealed, replacing the housing 

assembly with a new or serviceable 

housing assembly. We are issuing this 

AD to detect and correct corrosion of the 

packboard release mechanisms, which 

could interfere with escape slide/raft 

deployment, prohibit doors from 

opening in the armed mode, and cause 

consequent delay and injury during 

evacuation of passengers and crew from 

the cabin in the event of an emergency. 

DATES: This AD is effective May 3, 2013. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of May 3, 2013. 

ADDRESSES: For Boeing service 

information identified in this AD, 

contact Boeing Commercial Airplanes, 

Attention: Data & Services Management, 

P.O. Box 3707, MC 2H–65, Seattle, WA 

98124–2207; telephone 206–544–5000, 

extension 1; fax 206–766–5680; Internet 

https://www.myboeingfleet.com. For Air 

Cruisers service information identified 

in this AD, contact Air Cruisers 

Company, 1747 State Route 34, Wall, NJ 

07727–3935; telephone: 732–681–3527; 

fax: 732–681–9163; email: 

Aircruisers@zodiacaerospace.com. 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. 

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 AD, the regulatory 

evaluation, any comments received, and 

other information. The address for the 

Docket Office (phone: 800–647–5527) is 

Document Management Facility, U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

DC 20590. 

FOR FURTHER INFORMATION CONTACT: Ana 

Martinez Hueto, Aerospace Engineer, 

Cabin Safety and Environmental 

Systems Branch, ANM–150S, FAA, 

Seattle Aircraft Certification Office 

(ACO), 1601 Lind Avenue SW., Renton, 

WA 98057–3356; phone: 425–917–6592; 

fax: 425–917–6591; email: 

ana.m.hueto@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. That 

NPRM published in the Federal 

Register on January 19, 2012 (77 FR 

2666). That NPRM proposed to require 

doing a general visual inspection of the 

housing assembly of the packboard 

release mechanism to determine if its 

surface treatment has been sealed, and 

if unsealed, replacing the housing 

assembly with a new or serviceable 

housing assembly. 


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19094 Federal Register / Vol. 78, No. 61 / Friday, March 29, 2013 / Rules and Regulations 

Comments 

We gave the public the opportunity to 

participate in developing this AD. The 

following presents the comments 

received on the proposal (77 FR 2666, 

January 19, 2012), and the FAA’s 

response to each comment. Boeing 

supported the NPRM. American 

Airlines stated that it has incorporated 

the requirements of the NPRM into its 

maintenance program and will continue 

to do so. United Airlines (United) did 

not object to the proposed compliance 

time. 

Request To Allow Verification of 

Stencil 

United requested that we revise the 

NPRM (77 FR 2666, January 19, 2012) to 

provide instructions for inspecting for 

the accomplishment of Air Cruisers 

Service Bulletin 777 107–25–30, dated 

September 30, 2010, by verifying the 

stencil of the ‘‘Inspected and/or Mod 

per S.B. 777 107–25–30’’ on the girt 

assembly and upper lacing cover. 

United also requested that we revise the 

NPRM to permit operators to 

demonstrate compliance by means of a 

technical records review for the 

accomplishment of Air Cruisers Service 

Bulletin 777 107–25–30, dated 

September 30, 2010. 

We agree because, if the modification 

has been accomplished before the 

issuance of the AD, there is no need to 

duplicate it. We have revised paragraph 

(g) of this final rule to specify only 

slides/rafts that have not been modified 

using Air Cruisers Service Bulletin 777 

107–25–30, dated September 30, 2010, 

require the replacement of the housing 

assembly. We also have added a new 

paragraph (h) to this final rule (and reidentified subsequent paragraphs 

accordingly) to state that verifying the 

stencil or a review of technical or 

maintenance records is acceptable for 

determining if the modification has 

been accomplished. 

Request To Revise Service Information 

Delta Airlines (Delta) requested that 

we revise the NPRM (77 FR 2666, 

January 19, 2012) to provide 

instructions stating how to inspect for 

discrepant unsealed components. Delta 

stated that the instructions are 

referenced within a note in Air Cruisers 

Service Bulletin 777 107–25–30, dated 

September 30, 2010. (Boeing Special 

Attention Service Bulletin 777–25– 

0507, dated June 30, 2011, references 

Air Cruisers Service Bulletin 777 107– 

25–30, dated September 30, 2010, as an 

additional source of guidance for 

inspecting and installing a new housing 

assembly of the door-mounted slide/raft 

packboard release mechanism.) Delta 

stated that it is not recommended to 

have important instructions listed only 

within a note. 

We disagree with the commenter’s 

request to revise the AD to provide 

inspection instructions. We reference 

the Air Cruisers Service Bulletin as an 

additional source of guidance for 

accomplishing the actions. To delay this 

AD so manufacturer service information 

could be revised would be 

inappropriate, in light of the identified 

unsafe condition. We have not changed 

the AD in this regard. 

Request To Extend Compliance Time 

Delta expressed concern that the 42- 

month compliance time would be 

difficult to meet if replacement part kits 

were not available upon the issuance of 

the AD. We infer from this comment 

that Delta is requesting that the 42- 

month compliance time be extended to 

allow the part supplier adequate time to 

make part kits available. 

We disagree with the request to 

extend the compliance time because we 

have confirmed that the supplier has 

prepared to have parts available and 

also to support the compliance time of 

the AD. If adequate parts are not 

available as planned approaching the 

end of the compliance period, paragraph 

(j) of this AD provides operators the 

opportunity to request approval of an 

alternative compliance time if data are 

presented that prove that the alternative 

compliance time will provide an 

acceptable level of safety. We have not 

changed this AD regarding this issue. 

Request To Provide Credit for Previous 

Actions 

United requested that we allow credit 

for work done prior to the effective date 

of the AD using Air Cruisers Service 

Bulletin 777 107–25–30, dated 

September 30, 2010, since Air Cruisers 

Service Bulletin 777 107–25–30 is now 

at Revision 1. 

We find that no change is necessary 

because this AD requires that actions be 

done in accordance with the 

Accomplishment Instructions of Boeing 

Special Attention Service Bulletin 777– 

25–0507, dated June 30, 2011, which 

references Air Cruisers Service Bulletin 

777 107–25–30, dated September 30, 

2010, as an additional source of 

guidance for inspecting and installing a 

new housing assembly of the doormounted slide/raft packboard release 

mechanism. Boeing has not revised its 

service bulletin and, therefore, this AD 

references the original issue of Air 

Cruisers Service Bulletin 777 107–25– 

30, dated September 30, 2010. We have 

not changed this AD in this regard. 

Explanation of Change Made to This 

Final Rule 

We have changed Note 1 to paragraph 

(g) of the NPRM (77 FR 2666, January 

19, 2012), which defined a general 

visual inspection, to new paragraph (i) 

in the regulatory text of this AD, and reidentified subsequent paragraphs and 

notes accordingly. 

Conclusion 

We reviewed the relevant data, 

considered the comments received, and 

determined that air safety and the 

public interest require adopting the AD 

with the changes described previously— 

and minor editorial changes. We have 

determined that these minor changes: 

• Are consistent with the intent that 

was proposed in the NPRM (77 FR 2666, 

January 19, 2012) for correcting the 

unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the NPRM (77 FR 2666, 

January 19, 2012). 

We also determined that these 

changes will not increase the economic 

burden on any operator or increase the 

scope of the AD. 

Costs of Compliance 

We estimate that this AD affects 161 

airplanes of U.S. registry. 

We estimate the following costs to 

comply with this AD: 

ESTIMATED COSTS

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

Inspection ....................... Between 4 and 16 work-hours × $85 per hour = 

Between $340 and $1,360.

$0 Between $340 and 

$1,360.

Between $54,740 and 

$218,960. 


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Federal Register / Vol. 78, No. 61 / Friday, March 29, 2013 / Rules and Regulations 19095 

We estimate the following costs to do 

any necessary replacements that would 

be required based on the results of the 

inspection. We have no way of 

determining the number of aircraft that 

might need these replacements: 

ON-CONDITION COSTS

Action Labor cost Parts cost Cost per 

product 

Replacement ...................................... 1 work-hour × $85 per hour = $85 ................................................................. $137 $222 

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 

This AD will not have federalism 

implications under Executive Order 

13132. This AD will 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 this AD: 

(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), 

(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. 

Adoption of the Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 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): 

2013–05–10 The Boeing Company: 

Amendment 39–17382; Docket No. 

FAA–2011–1417; Directorate Identifier 

2011–NM–159–AD. 

(a) Effective Date 

This AD is effective May 3, 2013. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to The Boeing Company 

Model 777–200, –200LR, –300, –300ER, and 

777F series airplanes, certificated in any 

category, as identified in Boeing Special 

Attention Service Bulletin 777–25–0507, 

dated June 30, 2011. 

(d) Subject 

Joint Aircraft System Component (JASC)/ 

Air Transport Association (ATA) of America 

Code 25, Equipment/Furnishings. 

(e) Unsafe Condition 

This AD was prompted by reports that 

escape slides/rafts did not deploy due to 

galvanic corrosion of the door-mounted 

slide/raft packboard release mechanisms. We 

are issuing this AD to detect and correct 

corrosion in the packboard release 

mechanisms, which could interfere with 

escape slide/raft deployment, prohibit doors 

from opening in the armed mode, and cause 

consequent delay and injury during 

evacuation of passengers and crew from the 

cabin in the event of an emergency. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Inspection and Replacement 

Within 42 months after the effective date 

of this AD, at the applicable passenger/crew 

entry doors identified in Boeing Special 

Attention Service Bulletin 777–25–0507, 

dated June 30, 2011, that have not been 

modified as specified in Air Cruisers Service 

Bulletin 777 107–25–30, dated September 30, 

2010 (which is not incorporated by reference 

in this AD): Do a general visual inspection of 

the housing assembly of the packboard 

release mechanism to determine if its surface 

treatment has been sealed; and if unsealed, 

before further flight, replace the housing 

assembly with a new or serviceable housing 

assembly; in accordance with the 

Accomplishment Instructions of Boeing 

Special Attention Service Bulletin 777–25– 

0507, dated June 30, 2011. 

Note 1 to paragraph (g) of this AD: Boeing 

Special Attention Service Bulletin 777–25– 

0507, dated June 30, 2011, refers to Air 

Cruisers Service Bulletin 777 107–25–30, 

dated September 30, 2010 (which is not 

incorporated by reference in this AD), as an 

additional source of guidance for inspecting 

and installing a new housing assembly of the 

door-mounted slide/raft packboard release 

mechanism. 

(h) Optional Terminating Action 

Verifying the housing assembly has been 

replaced with a new or serviceable housing 

assembly by inspecting for a stencil to verify 

that there is a stencil marked ‘‘Inspected and/ 

or Mod per S.B. 777 107–25–30’’ on the girt 

assembly and upper lacing cover on the 

housing assembly of the packboard release 

mechanism; or by reviewing technical or 

maintenance records, if it can be 

conclusively determined that the 

modification specified in Air Cruisers 

Service Bulletin 777 107–25–30, dated 

September 30, 2010, (which is not 

incorporated by reference in this AD), as 

specified in Boeing Special Attention Service 

Bulletin 777–25–0507, dated June 30, 2011, 

has been accomplished; terminates the 

requirements of paragraph (g) of this AD. 

(i) Definition of a General Visual Inspection 

For the purposes of this AD, a general 

visual inspection is: A visual examination of 

an interior or exterior area, installation, or 

assembly to detect obvious damage, failure, 

or irregularity. This level of inspection is 

made from within touching distance unless 

otherwise specified. A mirror may be 

necessary to ensure visual access to all 

surfaces in the inspection area. This level of 

inspection is made under normally available 

lighting conditions such as daylight, hangar 

lighting, flashlight, or droplight and may 

require removal or opening of access panels 

or doors. Stands, ladders, or platforms may 

be required to gain proximity to the area 

being checked. 


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19096 Federal Register / Vol. 78, No. 61 / Friday, March 29, 2013 / Rules and Regulations 

(j) 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. 

(k) Related Information 

(1) For more information about this AD, 

contact Ana Martinez Hueto, Aerospace 

Engineer, Cabin Safety and Environmental 

Systems Branch, ANM–150S, FAA, Seattle 

Aircraft Certification Office (ACO), 1601 Lind 

Avenue SW., Renton, WA 98057–3356; 

phone: 425–917–6592; fax: 425–917–6591; 

email: ana.m.hueto@faa.gov. 

(2) For Air Cruisers service information 

identified in this AD, contact Air Cruisers 

Company, 1747 State Route 34, Wall, NJ 

07727–3935; telephone: 732 681–3527; fax: 

732 681–9163; email: 

Aircruisers@zodiacaerospace.com. You may 

review copies of the referenced service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue SW., Renton, 

WA. For information on the availability of 

this material at the FAA, call 425–227–1221. 

(l) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) Boeing Special Attention Service 

Bulletin 777–25–0507, dated June 30, 2011. 

(ii) Reserved. 

(3) For Boeing service information 

identified in this AD, contact Boeing 

Commercial Airplanes, Attention: Data & 

Services Management, P. O. Box 3707, MC 

2H–65, Seattle, WA 98124–2207; telephone 

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

5680; Internet https:// 

www.myboeingfleet.com. 

(4) You may view this service information 

at 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. 

(5) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, call 

202–741–6030, or go to: http:// 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued in Renton, Washington, on March 5, 

2013. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2013–05871 Filed 3–28–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2012–0651; Airspace 

Docket No. 12–AGL–7] 

Amendment of Class E Airspace; 

Middletown, OH 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Class E 

airspace at Middletown, OH. Additional 

controlled airspace is necessary to 

accommodate new Area Navigation 

(RNAV) Standard Instrument Approach 

Procedures at Middletown Regional/ 

Hook Field Airport. The airport’s nondirectional beacon’s (NDB) geographic 

coordinates are also updated, as well as 

the airport name. The FAA is taking this 

action to enhance the safety and 

management of Instrument Flight Rule 

(IFR) operations at the airport. 

DATES: Effective date: 0901 UTC, June 

27, 2013. 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 76137; telephone 817–321– 

7716. 

SUPPLEMENTARY INFORMATION: 

History 

On November 30, 2012, the FAA 

published in the Federal Register a 

notice of proposed rulemaking (NPRM) 

to amend Class E airspace for the 

Middletown, OH, area, creating 

additional controlled airspace at 

Middletown Regional/Hook Field 

Airport (77 FR 71364) Docket No. FAA– 

2012–0651. 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 7400.9W 

dated August 8, 2012, and effective 

September 15, 2012, which is 

incorporated by reference in 14 CFR 

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 extending 

upward from 700 feet above the surface 

to ensure that required controlled 

airspace exists from the 6.5-mile radius 

of the airport to 12.3 miles northeast of 

the airport, 11.2 miles southwest of the 

airport, and 7 miles southwest of the 

Hook Field NDB navigation aid, to 

contain aircraft executing new standard 

instrument approach procedures at 

Middletown Regional/Hook Field 

Airport, Middletown, OH. This action 

enhances the safety and management of 

IFR operations at the airport. The 

geographic coordinates of the 

Middletown Regional/Hook Field 

airport, formerly known as Hook Field 

Airport, and the Hook Field NDB are 

also updated to coincide with the FAA’s 

aeronautical database. 

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 amends 


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