33148 Federal Register / Vol. 72, No. 115 / Friday, June 15, 2007 / Rules and Regulations 

not health-related. In addition, the 

agency suggested there is no need for 

the new regulations at § 550.409. The 

agency recommended deleting § 550.409 

and suggested adding the term ‘‘such as 

a pandemic health crisis’’ after ‘‘other 

reasons’’ to the regulations at 

§ 550.401(a). We are not adopting these 

recommendations. Unlike emergency 

situations where employees may be 

ordered to evacuate a designated 

geographic area (including evacuating 

their worksites and homes), during a 

pandemic health crisis employees may 

likely be ordered to evacuate their 

worksites to promote ‘‘social 

distancing’’ but not ordered to evacuate 

their homes. Because of these unique 

conditions, we believe it is imperative 

to limit the use of the evacuation 

payment authority in § 550.409 to a 

pandemic health crisis. 

One agency recommended revising 

§ 550.409(a) to make clear that an 

agency’s authority during a pandemic 

health crisis to order an employee to 

evacuate from his or her worksite and 

perform work from the employee’s 

home includes the situation where the 

agency and the employee do not have a 

telework agreement in place at the time 

the order to evacuate is issued. We agree 

and have revised § 550.409(a). The 

agency also recommended that OPM 

delete the provision in § 550.409(a) 

which limits an agency’s authority to 

order an employee to perform work 

from a location other than the 

employee’s home to a location that is 

‘‘mutually agreeable to the agency and 

the employee.’’ The agency believes it is 

impractical to require an agency and an 

employee to engage in discussions with 

the intent of reaching an agreement as 

to where the employee is going to work, 

especially in the context of an 

emergency health crisis. We are not 

adopting this recommendation. During a 

pandemic health crisis, if an employee 

does not comply with his or her 

agency’s order to work from home, or 

the agency and the employee cannot 

agree on an alternative work location, 

the agency may disapprove the 

employee’s evacuation payments. Under 

these circumstances, the employee may 

be required to use his or her accrued 

annual leave (i.e., ‘‘enforced leave’’), 

may be furloughed, or disciplined, as 

appropriate. 

One agency noted that the issue of 

temporary promotion pay is not clearly 

addressed in the regulations. Under 

§ 550.409(a), evacuated employees may 

be assigned to perform any work 

necessary or required to be performed 

without regard to his or her grade, level, 

or title. The regulations also require 

agencies to compute evacuation 

payments under § 550.404, which states 

that evacuation payments must be based 

on the rate of pay to which the 

employee was entitled immediately 

before the issuance of the order to 

evacuate. The commenter recommended 

revising the regulations to clarify that 

evacuation payments must be based on 

the rate of pay to which the employee 

was entitled immediately before the 

issuance of the order to evacuate, 

notwithstanding an agency’s policy or 

collective bargaining agreement 

regarding an employee’s entitlement to 

a noncompetitive temporary promotion 

when the employee is required to 

perform higher-level duties during the 

period of evacuation. We are not 

adopting this recommendation. While 

there may be circumstances in which it 

will be necessary to temporarily 

suspend certain provisions of an agency 

policy or a collective bargaining 

agreement in an emergency, it would be 

inappropriate to provide such a broad 

authorization to do so. The decision to 

take such action must be made on a 

case-by-case basis taking into 

consideration the facts and 

circumstances that exist at that time. 

E.O. 12866, Regulatory Review 

The Office of Management and Budget 

has reviewed this rule in accordance 

with E.O. 12866. 

Regulatory Flexibility Act 

I certify that these regulations will not 

have a significant economic impact on 

a substantial number of small entities 

because they will apply only to Federal 

agencies and employees. 

List of Subjects in 5 CFR Parts 531 and 

550 

Administrative practice and 

procedure, Claims, Government 

employees, Law enforcement officers, 

Wages. 

Office of Personnel Management. 

Linda M. Springer, 

Director. 

■ Accordingly, the interim rule 

amending 5 CFR parts 531 and 550, 

which was published at 71 FR 47692 on 

August 17, 2006, is adopted as final 

with the following change: 

PART 550—PAY ADMINISTRATION 

(GENERAL) 

■ 1. The authority citation for subpart D 

of part 550 continues to read as follows: 

Authority: 5 U.S.C. 5527; E.O. 10982, 3 

CFR parts 1959–1963, p. 502. 

■ 2. Amend § 550.409 by revising the 

first sentence of paragraph (a) to read as 

follows: 

§ 550.409 Evacuation payments during a 

pandemic health crisis. 

(a) An agency may order one or more 

employees to evacuate from their 

worksite and perform work from their 

home (or an alternative location 

mutually agreeable to the agency and 

the employee) during a pandemic health 

crisis without regard to whether the 

agency and the employee have a 

telework agreement in place at the time 

the order to evacuate is issued.* * * 

* * * * * 

[FR Doc. E7–11584 Filed 6–14–07; 8:45 am] 

BILLING CODE 6325–39–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. NM379 Special Conditions No. 

25–07–12–SC] 

Special Conditions: Boeing Model 777–

300ER Airplane; Lithium Ion Battery 

Installation 

AGENCY: Federal Aviation 

Administration (FAA) DOT. 

ACTION: Final special conditions; request 

for comments. 

SUMMARY: These special conditions are 

issued for the Boeing Model 777–300ER 

airplane. This airplane as modified by 

the Boeing Commercial Airplane 

Company will have a novel or unusual 

design feature associated with the use of 

lithium ion battery technology in onboard systems. The applicable 

airworthiness regulations do not contain 

adequate or appropriate safety standards 

for this design feature. These special 

conditions contain the additional safety 

standards that the Administrator 

considers necessary to establish a level 

of safety equivalent to that established 

by the existing airworthiness standards. 

DATES: The effective date of these 

special conditions is June 1, 2007. We 

must receive your comments by July 30, 

2007. 

ADDRESSES: Comments on this rule may 

be mailed in duplicate to: Federal 

Aviation Administration, Transport 

Airplane Directorate, Attention: Rules 

Docket (ANM–113), Docket No. NM379, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; or delivered in 

duplicate to the Transport Airplane 

Directorate at the above address. All 

comments must be marked Docket No. 

NM379. Comments may be inspected in 

the Rules Docket weekdays, except 

Federal holidays, between 7:30 a.m. and 

4 p.m. 


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Federal Register / Vol. 72, No. 115 / Friday, June 15, 2007 / Rules and Regulations 33149 

FOR FURTHER INFORMATION CONTACT: 

Nazih Khaouly, FAA, Airplane & Flight 

Crew Interface Branch, ANM–111, 

Transport Airplane Directorate, Aircraft 

Certification Service, 1601 Lind 

Avenue, SW., Renton, Washington 

98057–3356; telephone (425) 227–2432; 

facsimile (425) 227–1149. 

SUPPLEMENTARY INFORMATION: The FAA 

has determined that notice and 

opportunity for prior public comment 

hereon are impracticable because these 

procedures would significantly delay 

issuance of the design approval and 

thus delivery of the affected aircraft. In 

addition, these special conditions are 

identical to those issued for another 

model of airplane; those special 

conditions were subjected to prior 

notice and public comment. The FAA 

therefore finds that good cause exists for 

making these special conditions 

effective upon issuance. 

Comments Invited 

We invite interested people to take 

part in this rulemaking by sending 

written comments, data, or views. The 

most helpful comments reference as 

specific portion of the special 

conditions, explain the reason for any 

recommended change, and include 

supporting data. We ask that you send 

us two copies of written comments. 

We will file in the docket all 

comments we receive, as well as a 

report summarizing each substantive 

public contact with FAA personnel 

about these special conditions. You can 

inspect the docket before and after the 

comment closing date. If you wish to 

review the docket in person, go to the 

address in the ADDRESSES section of this 

preamble between 7:30 a.m. and 4 p.m., 

Monday through Friday, except Federal 

holidays. 

We will consider all comments we 

receive by the closing date for 

comments. We will consider comments 

filed late if it is possible to do so 

without incurring expense or delay. We 

may change these special conditions 

based on the comments we receive. 

If you want us to let you know we 

received your comments on these 

special conditions, send us a preaddressed, stamped postcard on which 

the docket number appears. We will 

stamp the date on the postcard and mail 

it back to you. 

Background 

On February 15, 2006, Boeing 

Commercial Airplane Group, Seattle, 

Washington, applied for an amended 

type certificate to install a new 

Panasonic eX2 in-flight entertainment 

(IFE) system in a Boeing 777–300ER 

airplane. The Boeing Model 777–300ER 

airplane is a large twin engine airplane 

with a maximum passenger capacity of 

550. 

The regulations do not address the 

novel and unusual design features 

associated with the installation of an 

IFE system that uses lithium ion battery 

technology. 

Type Certification Basis 

Under the provisions of § 21.101 

Boeing Commercial Airplane Group 

must show that the Boeing Model 777–

300ER, as changed, continues to meet 

the applicable provisions of the 

regulations incorporated by reference in 

Type Certificate No. T00001SE or the 

applicable regulations in effect on the 

date of application for the change. The 

regulations incorporated by reference in 

the type certificate are commonly 

referred to as the ‘‘original type 

certification basis.’’ The regulations 

incorporated by reference in T00001SE 

are Title 14 Code of Federal Regulations 

(CFR), part 25, as amended by 

Amendments 25–1 through 25–98, 

except for §§ 25.831(a) and (g) and 

25.841(a), which remain at Amendment 

25–86, and § 25.853(d)(3), which 

remains at Amendment 25–82. Section 

25.1517 is not part of the TC. Refer to 

Type Certificate No. T00001SE, as 

applicable, for a complete description of 

the certification basis for this model, 

including certain special conditions that 

are not relevant to these special 

conditions. 

If the Administrator finds that the 

applicable airworthiness regulations 

(part 25, as amended) do not contain 

adequate or appropriate safety standards 

for the Boeing Model 777–300ER 

because of a novel or unusual design 

feature, special conditions are 

prescribed under the provisions of 

§ 21.16. 

In addition to the applicable 

airworthiness regulations and special 

conditions, the Boeing Model 777–

300ER must comply with the fuel vent 

and exhaust emission requirements of 

14 CFR part 34 and the noise 

certification requirements of 14 CFR 

part 36. 

The FAA issues special conditions, as 

defined in § 11.19 and § 11.38 and they 

become part of the type certification 

basis under § 21.101. 

Special conditions are initially 

applicable to the model for which they 

are issued. Should the type certificate 

for that model be amended later to 

include any other model that 

incorporates the same novel or unusual 

design feature, or should any other 

model already included on the same 

type certificate be modified to 

incorporate the same novel or unusual 

design feature, the special conditions 

would also apply to the other model. 

Novel or Unusual Design Features 

The Boeing Commercial Airplane 

Group proposes using lithium ion 

battery technology for the IFE system in 

this airplane. High capacity, 

rechargeable lithium ion batteries are a 

novel or unusual design feature in 

transport category airplanes. Because of 

rapid improvements in airplane 

technology, the applicable airworthiness 

regulations do not contain adequate or 

appropriate safety standards for this 

design feature. These special conditions 

for the 777–300ER contain the 

additional safety standards that the 

Administrator considers necessary to 

establish a level of safety equivalent to 

that established by the existing 

airworthiness standards. 

Lithium ion batteries have certain 

failure, operational, and maintenance 

characteristics that differ significantly 

from those of the nickel-cadmium and 

lead-acid rechargeable batteries 

currently approved for installation on 

large transport category airplanes. The 

FAA is adopting these special 

conditions to require that (1) all 

characteristics of the lithium ion battery 

and its installation that could affect safe 

operation of the 777–300ER are 

addressed, and (2) appropriate 

maintenance requirements are 

established to ensure availability of 

electrical power from the batteries when 

needed. 

Background 

The current regulations governing 

installation of batteries in large 

transport category airplanes were 

derived from Civil Air Regulations 

(CAR) part 4b.625(d) as part of the recodification of CAR 4b that established 

14 CFR part 25 in February, 1965. The 

new battery requirements, 14 CFR 

25.1353(c)(1) through (c)(4), basically 

reworded the CAR requirements. 

Increased use of nickel-cadmium 

batteries in small airplanes resulted in 

increased incidents of battery fires and 

failures. This led to additional 

rulemaking affecting large transport 

category airplanes as well a small 

airplanes. On September 1, 1977, and 

March 1, 1978, respectively the FAA 

issued 14 CFR 25.1353(c)(5) and (c)(6), 

governing nickel-cadmium battery 

installations on large transport category 

airplanes. 

The proposed use of lithium ion 

batteries for the IFE system on the 

Boeing Model 777–300ER airplane has 

prompted the FAA to review the 

adequacy of these existing regulations. 

Our review indicates that existing 


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33150 Federal Register / Vol. 72, No. 115 / Friday, June 15, 2007 / Rules and Regulations 

regulations do not adequately address 

several failure, operational, and 

maintenance characteristics of lithium 

ion batteries that could affect the safety 

and reliability of the 777–300ER’s 

lithium ion battery installation. 

At present, there is limited experience 

with use of rechargeable lithium ion 

batteries in applications involving 

commercial aviation. However, other 

uses of this technology, ranging from 

wireless telephone manufacturing to the 

electric vehicle industry, have noted 

safety problems with lithium ion 

batteries. These problem include 

overcharging, over-discharging, and 

flammability of cell components. 

1. Overcharging 

In general, lithium ion batteries are 

significantly more susceptible to 

internal failures that can result in selfsustaining increases in temperature and 

pressure (thermal runaway) than their 

nickel-cadmium or lead-acid 

counterparts. This is especially true for 

overcharging, which causes heating and 

destabilization of the components of the 

cell, leading to formation (by plating) of 

highly unstable metallic lithium. The 

metallic lithium can ignite, resulting in 

a self-sustaining fire or explosion. 

Finally, the severity of thermal runaway 

from overcharging increases with 

increasing battery capacity, because of 

the higher amount of electrolytes in 

large batteries. 

2. Over-Discharging 

Discharge of some types of lithium 

ion batteries beyond a certain voltage 

(typically 2.4 volts) can cause corrosion 

of the electrodes of the cell, resulting in 

loss of battery capacity that cannot be 

reversed by recharging. This loss of 

capacity may not be detected by the 

simple voltage measurements 

commonly available to flightcrews as a 

means of checking battery status. This is 

a problem shared with nickel-cadmium 

batteries. 

3. Flammability of Cell Components 

Unlike nickel-cadmium and lead-acid 

batteries, some types of lithium ion 

batteries use liquid electrolytes that are 

flammable. The electrolytes can serve as 

a source of fuel for an external fire, if 

there is a breach of the battery 

container. 

These problems experienced by users 

of lithium ion batteries raise concern 

about their use in commercial aviation. 

The intent of these special conditions is 

to establish appropriate airworthiness 

standards for lithium ion battery 

installations in the Boeing Model 777–

300ER airplane and to ensure, as 

required by 14 CFR 25.601, that these 

battery installations are not hazardous 

or unreliable. To address these 

concerns, these special conditions adopt 

the following requirements: 

• Those sections of 14 CFR 25.1353 

that are applicable to lithium ion 

batteries. 

• The flammable fluid fire protection 

requirements of 14 CFR 25.863. In the 

past, this rule was not applied to 

batteries of transport category airplanes, 

since the electrolytes used in lead-acid 

and nickel-cadmium batteries are not 

flammable. 

• New requirements to address the 

hazards of overcharging and overdischarging that are unique to lithium 

ion batteries. 

• New maintenance requirements to 

ensure that batteries used as spares are 

maintained in an appropriate state of 

charge. 

Applicability 

As discussed above, these special 

conditions are applicable to the Boeing 

Model 777–300ER airplane. Should 

Boeing apply at a later date for a change 

to the type certificate to include another 

model incorporating the same novel or 

unusual design feature, the special 

conditions would apply to that model as 

well. 

Conclusion 

This action affects only certain novel 

or unusual design features on one model 

of airplane. It is not a rule of general 

applicability. 

Under standard practice, the effective 

date of final special conditions would 

be 30 days after the date of publication 

in the Federal Register; however, as the 

certification date for the Boeing Model 

777–300ER is imminent, the FAA finds 

that good cause exists to make these 

special conditions effective upon 

issuance. 

List of Subjects in 14 CFR Part 25 

Aircraft, Aviation safety, Reporting 

and recordkeeping requirements. 

The authority citation for these 

special conditions is as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701, 

44702, 44704. 

The Special Conditions 

■ Accordingly, pursuant to the authority 

delegated to me by the Administrator, 

the following special conditions are 

issued as part of the type certification 

basis for the Boeing Model 777–300ER 

airplane. 

In lieu of the requirements of 14 CFR 

25.1353(c)(1) through (c)(4), the 

following special conditions apply. 

Lithium ion batteries on the Boeing 

Model 777–300ER airplane must be 

designed and installed as follows: 

(1) Safe cell temperatures and 

pressures must be maintained during 

any foreseeable charging or discharging 

condition and during any failure of the 

charging or battery monitoring system 

not shown to be extremely remote. The 

lithium ion battery installation must 

preclude explosion in the event of those 

failures. 

(2) Design of the lithium ion batteries 

must preclude the occurrence of selfsustaining, uncontrolled increases in 

temperature or pressure. 

(3) No explosive or toxic gases 

emitted by any lithium ion battery in 

normal operation, or as the result of any 

failure of the battery charging system, 

monitoring system, or battery 

installation not shown to be extremely 

remote, may accumulate in hazardous 

quantities within the airplane. 

(4) Installations of lithium ion 

batteries must meet the requirements of 

14 CFR 25.863(a) through (d). 

(5) No corrosive fluids or gases that 

may escape from any lithium ion battery 

may damage surrounding structure or 

any adjacent systems, equipment, or 

electrical wiring of the airplane in such 

a way as to cause a major or more severe 

failure condition, in accordance with 14 

CFR 25.1309(b) and applicable 

regulatory guidance. 

(6) Each lithium ion battery 

installation must have provisions to 

prevent any hazardous effect on 

structure or essential systems caused by 

the maximum amount of heat the 

battery can generate during a short 

circuit of the battery or of its individual 

cells. 

(7) Lithium ion battery installations 

must have a system to control the 

charging rate of the battery 

automatically, so as to prevent battery 

overheating or overcharging, and, 

(i) A battery temperature sensing and 

over-temperature warning system with a 

means for automatically disconnecting 

the battery from its charging source in 

the event of an over-temperature 

condition, or, 

(ii) A battery failure sensing and 

warning system with a means for 

automatically disconnecting the battery 

from its charging source in the event of 

battery failure. 

(8) Any lithium ion battery 

installation whose function is required 

for safe operation of the airplane must 

incorporate a monitoring and warning 

feature that will provide an indication 

to the appropriate flight crewmembers 

whenever the state of charge of the 

batteries has fallen below levels 

considered acceptable for dispatch of 

the airplane. 


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Federal Register / Vol. 72, No. 115 / Friday, June 15, 2007 / Rules and Regulations 33151 

(9) The Instructions for Continued 

Airworthiness required by 14 CFR 

25.1529 must contain maintenance 

requirements for measurements of 

battery capacity at appropriate intervals 

to ensure that batteries whose function 

is required for safe operation of the 

airplane will perform their intended 

function as long as the battery is 

installed in the airplane. The 

Instructions for Continued 

Airworthiness must also contain 

procedures for the maintenance of 

lithium ion batteries in spares storage to 

prevent the replacement of batteries 

whose funciton is required for safe 

operation of the airplane with batteries 

that have experienced degraded charge 

retention ability or other damage due to 

prolonged storage at a low state of 

charge. 

Note: These special conditions are not 

intended to replace 14 CFR 25.1353(c) in the 

certification basis of the Boeing Model 777–

300ER airplane. These special conditions 

apply only to lithium ion batteries and their 

installations. The requirements of 14 CFR 

25.1353(c) remain in effect for batteries and 

battery installations of the Boeing Model 

777–300ER airplane that do not use lithium 

ion batteries. 

Issued in Renton, Washington, on June 1, 

2007. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 07–2939 Filed 6–14–07; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2006–24926; Airspace 

Docket No. 06–ASW–1] 

RIN 2120–AA66 

Establishment, Modification and 

Revocation of VOR Federal Airways; 

East Central United States 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action establishes VOR 

Federal Airway, V–65 over the East 

Central United States in support of the 

Midwest Airspace Enhancement Plan 

(MASE). The FAA is taking this action 

to enhance safety and to improve the 

efficient use of the navigable airspace 

assigned to the Chicago, Cleveland, and 

Indianapolis Air Route Traffic Control 

Centers (ARTCC). 

DATES: Effective Date: 0901 UTC, August 

30, 2007. 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: 

Steve Rohring, Airspace and Rules 

Group, Office of System Operations 

Airspace and AIM, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

History 

On June 16, 2006, the FAA published 

in the Federal Register a notice of 

proposed rulemaking to establish 16 

VOR Federal Airways (V–65, V–176, V–

383, V–396, V–406, V–410, V–414, V–

416, V–418, V–426, V–467, V–486, V–

542, V–584, V–586, and V–609); modify 

13 VOR Federal Airways (V–14, V–26, 

V–40, V–72, V–75, V–90, V–96, V–103, 

V–116, V–133, V–297, V–435, and V–

526); and revoke one VOR Federal 

Airway (V–42) (71 FR 34854). Interested 

parties were invited to participate in 

this rulemaking effort by submitting 

written comments on the proposal. No 

comments were received objecting to 

the proposal. 

On January 18, 2007, the FAA 

published in the Federal Register a final 

rule (72 FR 2182) taking action on all of 

the above proposed airway 

establishments, modifications and 

revocations except V–65 and V–133. 

Establishment of V–65 was deferred 

because the Sandusky VOR was out of 

service. This action establishes V–65 

now that the Sandusky VOR has been 

returned to service. Modification of V–

133 was deferred because the original 

routing proposed in the NPRM did not 

pass flight check. Action on V–133 will 

be taken under a separate rulemaking 

action. 

VOR Federal Airways are published 

in paragraph 6010 of FAA Order 

7400.9P dated September 1, 2006, and 

effective September 15, 2006, which is 

incorporated by reference in 14 CFR 

71.1. The VOR Federal Airways 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 to 

establish VOR Federal Airway V–65 

over the East Central United States 

within the airspace assigned to the 

Chicago, Cleveland, and Indianapolis 

ARTCCs. This action enhances safety 

and facilitates the more flexible and 

efficient use of the navigable airspace. 

Further, this action enhances the 

management of aircraft operations 

within the Chicago, Cleveland, and 

Indianapolis ARTCCs’ areas of 

responsibility. 

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 Department of 

Transportation (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. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environment Policy 

Act in accordance with 311a and 311b., 

FAA Order 1050.1E, ‘‘Environmental 

Impacts: Policies and Procedures’’. This 

airspace action is not expected to cause 

any potentially significant environment 

impacts, and no extraordinary 

circumstances exist that warrant 

preparation of 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 FAA Order 7400.9P, 

Airspace Designations and Reporting 

Points, dated September 1, 2006, and 

effective September 15, 2006, is 

amended as follows: 


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