Federal Register / Vol. 78, No. 164 / Friday, August 23, 2013 / Rules and Regulations 52419 

202–741–6030, or go to: http://

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

Issued in Renton, Washington, on August 

2, 2013. 

Jeffrey E. Duven, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2013–19463 Filed 8–22–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0931; Directorate 

Identifier 2011–NM–128–AD; Amendment 

39–17555; AD 2013–16–17] 

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 all The 

Boeing Company Model 727, 727C, 727– 

100, 727–100C, 727–200, and 727–200F 

series airplanes. This AD was prompted 

by a structural re-evaluation by the 

manufacturer, which identified 

elements within the wing trailing edge 

flap area that qualify as structural 

significant items (SSIs). This AD 

requires revising the maintenance 

inspection program to include 

inspections that will give no less than 

the required damage tolerance rating 

(DTR) for certain SSIs, and repairing any 

cracked structure. We are issuing this 

AD to detect and correct fatigue 

cracking of the wing trailing edge 

structure, which could result in 

compromised structural integrity of the 

airplane. 

DATES: This AD is effective September 

27, 2013. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the AD 

as of September 27, 2013. 

ADDRESSES: For 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. 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. 

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: 

Berhane Alazar, Aerospace Engineer, 

Airframe Branch, ANM–120S, FAA, 

Seattle Aircraft Certification Office 

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

Washington 98057–3356; phone: 425– 

917–6577; fax: 425–917–6590; email: 

Berhane.Alazar@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 September 6, 2012 (77 FR 

54856). That NPRM proposed to require 

revising the maintenance inspection 

program to include inspections that will 

give no less than the required damage 

tolerance rating for certain SSIs, and 

repairing cracked structure. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. The 

following presents the comments 

received on the proposal (77 FR 54856, 

September 6, 2012) and the FAA’s 

response to each comment. 

Request To Add Compliance Time 

Allowance 

Boeing requested that we add a 

compliance time allowance to paragraph 

(c)(2) of the NPRM (77 FR 54856, 

September 6, 2012) for the 

determination of the alternative 

inspection requirements for each SSI 

affected by a repair or alteration that 

prohibits the ability to accomplish the 

inspections required by paragraph (g) of 

the NPRM. Boeing requested that we 

add to paragraph (c) of this AD a 

compliance period of 12 months and 

associated language similar to that in 

paragraph (j) of AD 2008–11–03, 

Amendment 39–15525 (73 FR 29407, 

May 21, 2008). Boeing justified its 

request by stating that the following 

ADs allow up to 12 months to determine 

the alternative inspection requirements 

should a repair or alteration prohibit the 

required inspection, and that including 

similar language in the NPRM will assist 

the operator. 

• Paragraph (e) of AD 98–11–03 Rl, 

Amendment 39–10983 (64 FR 989, 

January 7, 1999). 

• Paragraph (j) of AD 2008–11–03, 

Amendment 39–15525 (73 FR 29407, 

May 21, 2008). 

• Paragraph (i) of AD 2008–09–13, 

Amendment 39–15494 (73 FR 24164, 

May 2, 2008). 

We partially agree with the 

commenter’s request. We agree with 

adding an allowance similar to that 

requested by the commenter because 

operators might have existing repairs 

that affect the ability to accomplish the 

SSI inspections. We disagree with 

adding that allowance to paragraph 

(c)(2) of this AD. That paragraph is an 

applicability provision. We have added 

a new paragraph (h) to this AD to 

address SSIs that have been repaired or 

altered before the effective date of this 

AD such that the repair or design 

change affects the ability to accomplish 

the actions required by paragraph (g) of 

this AD. We have reidentified 

subsequent paragraphs accordingly. 

Request To Add Repetitive Inspection 

Wording 

Boeing requested that we revise 

paragraph (g)(2) of the NPRM (77 FR 

54856, September 6, 2012) to add the 

following wording: 

Repeat the applicable inspection thereafter 

at the intervals necessary to obtain the 

required DTR specified in Boeing Document 

D6–48040–2, Supplemental Structural 

Inspection Document For Model 727 

Airplanes, Appendix A, dated December 

2010. 

Boeing stated that the NPRM does not 

address the repetitive inspection 

requirements after the initial 

inspections are accomplished. Boeing 

requested the wording revision in order 

to maintain consistency with the 

wording contained in paragraph (i) of 

AD 2008–11–03, Amendment 39–15525 

(73 FR 29407, May 21, 2008); and 

paragraph (h) of AD 2008–09–13, 

Amendment 39–15494 (73 FR 24164, 

May 2, 2008). 

We do not agree with the commenter’s 

request because the repetitive 

inspection and methodology 

requirements are specified in the DTR 

forms of Boeing Document D6–48040–2, 

Supplemental Structural Inspection 

Document for Model 727 Airplanes, 

Appendix A, dated December 2010. By 


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52420 Federal Register / Vol. 78, No. 164 / Friday, August 23, 2013 / Rules and Regulations 

requiring incorporation of inspections 

into the maintenance program that 

provide no less than the required DTR, 

we are ensuring that the appropriate 

repetitive inspections will be 

accomplished. We have not changed 

this final rule in this regard. 

Request To Address Transferred 

Airplanes 

Boeing requested that we add a new 

section to the NPRM (77 FR 54856, 

September 6, 2012) titled ‘‘Inspection 

Program for Transferred Airplanes,’’ and 

the associated language similar to that 

in paragraph (l) of AD 2008–11–03, 

Amendment 39–15525 (73 FR 29407, 

May 21, 2008); and paragraph (k) of AD 

2008–09–13, Amendment 39–15494 (73 

FR 24164, May 2, 2008); in order to 

maintain consistent language 

throughout these ADs. 

The AD paragraphs referenced by the 

commenter refer to the establishment of 

a maintenance program for 

accomplishing the required inspections 

before a transferred airplane can be 

added to an air carrier’s operation. We 

disagree with the commenter’s request 

because this is not necessary. This AD 

is a threshold-based program for all 

airplanes referenced in the AD 

applicability. This AD mandates a 

maintenance program, and new 

operators would be required to comply 

with paragraph (g) of this AD, which 

requires revising the maintenance 

program. Operators may request 

approval of an alternative method of 

compliance (AMOC) for transferred 

airplanes under the provisions of 

paragraph (k) of this AD. We have not 

changed this final rule in this regard. 

Conclusion 

We reviewed the relevant data, 

considered the comments received, and 

determined that air safety and the 

public interest require adopting this 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 

54856, September 6, 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 54856, 

September 6, 2012). 

We also determined that these 

changes will not increase the economic 

burden on any operator or increase the 

scope of this AD. 

Costs of Compliance 

We estimate that this AD affects 206 

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 

Revise maintenance program ...... 1 work-hour × $85 per hour = $85 .................................................... $0 $85 $17,510 

Compliance with this AD is a method 

of compliance with the FAA aging 

airplane safety final rule (AASFR) (70 

FR 5518, February 2, 2005) (http://

www.faa.gov/aircraft/air_cert/design_

approvals/transport/Aging_Aircraft/

media/

AgingAirplaneSafetyFinalRule.pdf) for 

certain baseline structure of Model 727, 

727C, 727–100, 727–100C, 727–200, and 

727–200F series airplanes. The AASFR 

requires certain operators to incorporate 

damage tolerance inspections into their 

maintenance inspection programs. 

These requirements are described in 

paragraph (c)(1) of section 121.1109 of 

the Federal Aviation Regulations (14 

CFR 121.1109 (c)(1)) and paragraph 

(b)(1) of section 129.109 of the Federal 

Aviation Regulations (14 CFR 

129.109(b)(1)). Accomplishment of the 

actions required by this AD will meet 

the requirements of these regulations for 

certain baseline structure. The costs for 

accomplishing the inspection portion of 

this AD were accounted for in the 

regulatory evaluation of the AASFR. 

We have received no definitive data 

that would enable us to provide cost 

estimates for the on-condition actions 

specified in this AD. 

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): 

2013–16–17 The Boeing Company: 

Amendment 39–17555 ; Docket No. 


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Federal Register / Vol. 78, No. 164 / Friday, August 23, 2013 / Rules and Regulations 52421 

FAA–2012–0931; Directorate Identifier 

2011–NM–128–AD. 

(a) Effective Date 

This AD is effective September 27, 2013. 

(b) Affected ADs 

None. 

(c) Applicability 

(1) This AD applies to all The Boeing 

Company Model 727, 727C, 727–100, 727– 

100C, 727–200, and 727–200F series 

airplanes, certificated in any category. 

(2) This AD requires revisions to certain 

operator maintenance documents to include 

new actions (e.g., inspections, methods, and 

compliance times). Compliance with these 

actions is required by 14 CFR 91.403(c). For 

airplanes that have been previously 

modified, altered, or repaired in the areas 

addressed by these inspections, the operator 

may not be able to accomplish the 

inspections described in the revisions. In this 

situation, to comply with 14 CFR 91.403(c), 

the operator must request approval for an 

alternative method of compliance (AMOC) 

according to paragraph (k) of this AD. The 

request should include a description of 

changes to the required actions that will 

ensure the continued operational safety of 

the airplane. 

(d) Subject 

Joint Aircraft System Component (JASC)/

Air Transport Association (ATA) of America 

Code 57, Wings. 

(e) Unsafe Condition 

This AD was prompted by a structural reevaluation by the manufacturer, which 

identified elements within the wing trailing 

edge flap area that qualify as structural 

significant items (SSI). We are issuing this 

AD to detect and correct fatigue cracking of 

the wing trailing edge structure, which could 

result in compromised structural integrity of 

the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Maintenance Program Revision 

(1) Before the accumulation of 55,000 total 

flight cycles, or within 12 months after the 

effective date of this AD, whichever occurs 

later: Revise the maintenance program to 

incorporate inspections that provide no less 

than the required damage tolerance rating 

(DTR) for each SSI listed in Boeing Document 

D6–48040–2, Supplemental Structural 

Inspection Document For Model 727 

Airplanes, Appendix A, dated December 

2010. The required DTR value for each SSI 

is identified in Boeing Document D6–48040– 

2, Supplemental Structural Inspection 

Document For Model 727 Airplanes, 

Appendix A, dated December 2010. The 

revision to the maintenance inspection 

program must include and must be 

implemented in accordance with the 

procedures in Section 3.0, ‘‘Flap and Support 

Structure (Flap Structure) SSI Information,’’ 

of Boeing Document D6–48040–2, 

Supplemental Structural Inspection 

Document For Model 727 Airplanes, 

Appendix A, dated December 2010; and in 

accordance with the procedures in Section 

5.0, ‘‘Damage Tolerance Rating (DTR) System 

Application,’’ and Section 6.0, ‘‘SSI 

Discrepancy Reporting,’’ of Boeing Document 

D6–48040–1, Supplemental Structural 

Inspection Document (SSID), Volume 1, 

Revision H, dated June 1994. 

(2) The initial compliance time for the 

inspections is before the accumulation of 

55,000 total flight cycles, or within 3,000 

flight cycles after 12 months from the 

effective date of this AD, whichever occurs 

later. 

(h) Actions for SSI Items Repaired or 

Altered Before the Effective Date of This AD 

For any SSI that has been repaired or 

altered before the effective date of this AD 

such that the repair or design change affects 

the ability to accomplish the actions required 

by paragraph (g) of this AD: Before further 

flight, obtain FAA approval of an alternate 

inspection, in accordance with the 

procedures specified in paragraph (k) of this 

AD, or do the actions specified in paragraphs 

(h)(1) and (h)(2) of this AD as an approved 

method of compliance for the requirements 

of paragraph (g) of this AD. 

(1) At the initial compliance time specified 

in paragraph (g) of this AD, identify each 

repair or design change to that SSI. 

(2) Within 12 months after the 

identification of a repair or design change 

required by paragraph (h)(1) of this AD, 

assess the damage tolerance characteristics of 

each SSI affected by each repair or design 

change to determine the effectiveness of the 

applicable SSID inspection for that SSI and, 

if not effective, incorporate a revision into 

the maintenance inspection program to 

include a damage-tolerance-based alternative 

inspection program for each affected SSI. 

Thereafter, inspect the affected structure in 

accordance with the alternative inspection 

program. The inspection method and 

compliance times (i.e., threshold and 

repetitive intervals) of the alternative 

inspection program must be approved in 

accordance with the procedures specified in 

paragraph (k) of this AD. 

(i) Repair 

If any cracked structure is found during 

any inspection specified in Boeing Document 

D6–48040–2, Supplemental Structural 

Inspection Document For Model 727 

Airplanes, Appendix A, dated December 

2010, before further flight, repair the cracked 

structure using a method approved in 

accordance with the procedures specified in 

paragraph (k) of this AD. 

(j) No Alternative Actions or Intervals 

After accomplishing the revision required 

by paragraph (g) of this AD, no alternative 

actions (e.g., inspections) or intervals may be 

used other than those specified in Boeing 

Document D6–48040–2, Supplemental 

Structural Inspection Document For Model 

727 Airplanes, Appendix A, dated December 

2010, unless the actions or intervals are 

approved as an AMOC in accordance with 

the procedures specified in paragraph (k) of 

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 

For more information about this AD, 

contact Berhane Alazar, Aerospace Engineer, 

Airframe Branch, ANM–120S, FAA, Seattle 

Aircraft Certification Office (ACO), 1601 Lind 

Avenue SW., Renton, WA 98057–3356; 

phone: 425–917–6577; fax: 425–917–6590; 

email: Berhane.Alazar@faa.gov. 

(m) 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) Section 5.0, ‘‘Damage Tolerance Rating 

(DTR) System Application,’’ of Boeing 

Document D6–48040–1, Supplemental 

Structural Inspection Document for Model 

727 Airplanes, Volume 1, Revision H, dated 

June 1994. The revision date of this 

document is identified on only the title page 

of this document. 

(ii) Section 6.0, ‘‘SSI Discrepancy 

Reporting,’’ of Boeing Document D6–48040– 

1, Supplemental Structural Inspection 

Document for Model 727 Airplanes, Volume 

1, Revision H, dated June 1994. The revision 

date of this document is identified on only 

the title page of this document. 

(iii) Boeing Document D6–48040–2, 

Supplemental Structural Inspection 

Document For Model 727 Airplanes, 

Appendix A, dated December 2010. The date 

appears only on the title page of this 

document. 

(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, Washington 98124–2207; 

telephone 206–544–5000, extension 1; fax 


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52422 Federal Register / Vol. 78, No. 164 / Friday, August 23, 2013 / Rules and Regulations 

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, 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 August 

1, 2013. 

Jeffrey E. Duven, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2013–19460 Filed 8–22–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2013–0565; Airspace 

Docket No. 13–AEA–11] 

Amendment of Class D and E 

Airspace; Wrightstown, NJ 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule, technical 

amendment. 

SUMMARY: This action amends Class D 

and E Airspace at Wrightstown, NJ, by 

updating the geographic coordinates 

and changing the city identifier of 

McGuire Air Force Base (AFB) to aid in 

the navigation of our National Airspace 

System. This action is necessary for the 

continued safety and management of 

instrument flight rules (IFR) operations 

within the Wrightstown, NJ airspace 

area. 

DATES: Effective date 0901 UTC, October 

17, 2013. The Director of the Federal 

Register approves this incorporation by 

reference action under Title 1, Code of 

Federal Regulations part 51, subject to 

the annual revision of FAA Order 

7400.9 and publication of conforming 

amendments. 

FOR FURTHER INFORMATION CONTACT: John 

Fornito, Operations Support Group, 

Eastern Service Center, Federal Aviation 

Administration, P.O. Box 20636, 

Atlanta, Georgia 30320; telephone (404) 

305–6364. 

SUPPLEMENTARY INFORMATION: 

The Rule 

This amendment to Title 14, Code of 

Federal Regulations (14 CFR) part 71 

amends Class D airspace and E airspace 

designated as an extension to a Class D 

surface area at McGuire AFB, 

Wrightstown, NJ, at the request of FAAs 

Aeronautical Products. The geographic 

coordinates of the airport are updated to 

be in concert with the FAAs 

aeronautical database and the city 

designation is changed from 

Wrightstown McGuire AFB, NJ, to 

Wrightstown, NJ. Accordingly, since 

this is an administrative change, and 

does not affect the boundaries, altitudes, 

or operating requirements of the 

airspace, notice and public procedures 

under 5 U.S.C. 553 (b) are unnecessary. 

The Class D and E airspace 

designations are published in Paragraph 

5000 and 6004 respectively 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 D and Class E airspace 

designations listed in this document 

will be published subsequently in the 

Order. 

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, is non-controversial and 

unlikely to result in adverse or negative 

comments. 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 only affects air traffic 

procedures and air navigation, it is 

certified that this rule, when 

promulgated, does 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 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 controlled airspace for the 

Wrightstown, NJ airspace area. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1E, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 311a. This airspace action is 

not expected to cause any potentially 

significant environmental impacts, and 

no extraordinary circumstances exist 

that warrant preparation of an 

environmental assessment. 

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 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 7400.9W, 

Airspace Designations and Reporting 

Points, dated August 8, 2012, effective 

September 15, 2012, is amended as 

follows: 

Paragraph 5000 Class D Airspace 

* * * * * 

AEA NJ D Wrightstown, NJ [Amended] 

McGuire AFB, NJ 

(Lat. 40°00′56′′ N., long. 74°35′30′′ W.) 

That airspace extending upward from the 

surface to and including 2,600 feet MSL 

within a 4.5-mile radius of McGuire AFB. 

Paragraph 6004 Class E Airspace 

Designated as an Extension to a Class D 

Surface Area. 

* * * * * 

AEA NJ E4 Wrightstown, NJ [Amended] 

McGuire AFB, NJ 

(Lat. 40°00′56′′ N., long. 74°35′30′′ W.) 

McGuire VORTAC 

(Lat. 40°00′34′′ N., long. 74°35′47′′ W.) 

That airspace extending upward from the 

surface within 1.8 miles each side of the 

McGuire VORTAC 350° radial extending 

from the 4.5-mile radius of McGuire AFB to 

6.1 miles north of the VORTAC and within 

1.8 miles each side of the McGuire VORTAC 

051° radial extending from the 4.5-mile 

radius of the airport to 6.1 miles northeast of 


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