Federal Register / Vol. 77, No. 205 / Tuesday, October 23, 2012 / Rules and Regulations 64711 

Issued in Fort Worth, Texas, on October 5, 

2012. 

Kim Smith, 

Manager, Rotorcraft Directorate, Aircraft 

Certification Service. 

[FR Doc. 2012–25387 Filed 10–22–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0856; Directorate 

Identifier 2010–NM–117–AD; Amendment 

39–17224; AD 2012–21–08] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are superseding an 

existing airworthiness directive (AD) for 

certain The Boeing Company Model 

737–600, –700, –700C, –800, and –900 

series airplanes. That AD currently 

requires installing and testing an 

updated version of the operational 

program software (OPS) of the flight 

control computers (FCCs). This new AD 

requires an inspection for part numbers 

of the operational program software of 

the flight control computers, and 

corrective actions if necessary. This AD 

was prompted by reports of undetected 

erroneous output from a single radio 

altimeter channel, which resulted in 

premature autothrottle retard during 

approach. We are issuing this AD to 

detect and correct an unsafe condition 

associated with erroneous output from a 

radio altimeter channel, which could 

result in premature autothrottle landing 

flare retard and the loss of automatic 

speed control, and consequent loss of 

control of the airplane. 

DATES: This AD is effective November 

27, 2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the AD 

as of November 27, 2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain other publication listed in 

this AD as of May 12, 2005 (70 FR 

17603, April 7, 2005). 

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, 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: 

Gregg Nesemeier, Senior Aerospace 

Engineer, Systems and Equipment 

Branch, ANM–130S, FAA, Seattle 

Aircraft Certification Office (ACO), 1601 

Lind Avenue SW., Renton, Washington 

98057–3356; phone: (425) 917–6479; 

fax: (425) 917–6590; email: 

gregg.nesemeier@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a supplemental Notice of 

Proposed Rulemaking (SNPRM) to 

amend 14 CFR part 39 to supersede 

airworthiness directive (AD) 2005–07– 

20, Amendment 39–14045 (70 FR 

17603, April 7, 2005). That AD applied 

to the specified products. That SNPRM 

published in the Federal Register on 

May 30, 2012 (77 FR 31758). The 

original NPRM (75 FR 57885, September 

23, 2010) proposed to require inspecting 

for part numbers of the OPS of the FCCs, 

and doing corrective actions if 

necessary. The SNPRM contained the 

same requirements as the original 

NPRM, but also proposed to supersede 

an existing AD to require new software. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. The 

following presents the comments 

received on the SNPRM (77 FR 31758, 

May 30, 2012) and the FAA’s response 

to each comment. 

Support for the SNPRM (77 FR 31758, 

May 30, 2012) 

Boeing supports the SNPRM (77 FR 

31758, May 30, 2012). 

Requests To Use Alternative Service 

Information 

Europe Airpost and Southwest 

Airlines requested that we revise the 

SNPRM (77 FR 31758, May 30, 2012) to 

include Boeing Alert Service Bulletin 

737–22A1224, dated May 18, 2012, as 

an alternative method of compliance 

(AMOC) in the SNPRM. 

Europe Airpost explained that Boeing 

Alert Service Bulletin 737–22A1224, 

dated May 18, 2012, takes into account 

the latest version (and later versions) of 

the OPS part number (P/N) 2274–COL– 

AC1–07 (P6.0 version number) and OPS 

software of the FCC. 

Southwest Airlines explained that 

Boeing Alert Service Bulletin 737– 

22A1224, dated May 18, 2012, requires 

installation of FCC software P/N 2274– 

COL–AC1–07, and that its latest Model 

737–800 deliveries have FCC software 

P/N 2274–COL–AC1–07 installed. 

Southwest Airlines stated that it has 

begun installing this version of the FCC 

software into all its airplanes, using 

Boeing Alert Service Bulletin 737– 

22A1224, dated May 18, 2012. 

Southwest Airlines also reasoned that 

Boeing Alert Service Bulletin 737– 

22A1224, dated May 18, 2012, has 

already been approved as an AMOC for 

AD 2005–07–20, Amendment 39–14045 

(70 FR 17603, April 7, 2005). 

We agree with the commenters’ 

requests. We agree to allow use of 

Boeing Alert Service Bulletin 737– 

22A1224, dated May 18, 2012, for the 

installation actions specified in 

paragraphs (h)(1)(ii) and (h)(2) of this 

AD, although the compliance time for 

this final rule remains the same as 

proposed: Within 3 months after the 

effective date of this AD. We have 

reformatted and revised paragraphs 

(h)(1) and (h)(2) of this final rule 

accordingly. 

Request To Remove the Phrase ‘‘Fully 

Interchangeable’’ 

Paragraph (h)(1) of the SNPRM (77 FR 

31758, May 30, 2012) specified 

installation of certain software that is 

‘‘fully interchangeable’’ with the 

software specified in table 2 of the 

Accomplishment Instructions of Boeing 

Alert Service Bulletin 737–22A1211, 

dated April 13, 2010. Southwest 

Airlines requested that we revise the 

SNPRM by removing the phrase ‘‘fully 

interchangeable’’ from paragraph (h)(1) 

of the SNPRM and allowing, as 

acceptable in paragraphs (h)(1) and 

(h)(2) of the SNPRM, ‘‘subsequent 

software versions that have been 

approved by the Boeing Commercial 

Airplanes Organization Designation 

Authorization (ODA) after April 13, 


tkelley on DSK3SPTVN1PROD with RULES
64712 Federal Register / Vol. 77, No. 205 / Tuesday, October 23, 2012 / Rules and Regulations 

2010.’’ Southwest Airlines explained 

that Section 2.C.2., Note (b), of Boeing 

Alert Service Bulletin 737–22A1211, 

dated April 13, 2010, which says, ‘‘Do 

not install previous versions of this 

software after installation of the new 

software part number,’’ could be 

conflicting with the phrase ‘‘fully 

interchangeable.’’ 

We partially agree with the 

commenter. We agree that previous 

versions of the software may not be 

reinstalled after installation of the 

version specified in this service 

information because some previous 

versions contain unsafe conditions. The 

SNPRM (77 FR 31758, May 30, 2012) 

only allowed installation of software 

approved after April 13, 2010, by the 

Boeing Commercial Airplanes ODA. 

However, for clarity, we have removed 

the phrase ‘‘fully interchangeable’’ from 

this final rule. 

Although we agree with the intent of 

the commenter’s other suggested 

changes, we disagree with the proposed 

wording and find that further 

clarification is necessary. We have 

removed the reference to installing laterapproved software in accordance with 

the Accomplishment Instructions of 

Boeing Alert Service Bulletin 737– 

22A1211, dated April 13, 2010, because 

that service bulletin only specifies to 

install FCC OPS software P/N 2276– 

COL–AC1–05 or P/N 2275–COL–AC1– 

06. Also, as stated previously, FCC OPS 

software P/N 2274–COL–AC1–07 may 

be installed in accordance with the 

Accomplishment Instructions of Boeing 

Alert Service Bulletin 737–22A1224, 

dated May 18, 2012. 

Therefore, in this final rule, the April 

13, 2010, date for later-approved 

software has been changed to May 18, 

2012, to remove redundancy and 

confusion. We have also added the 

Manager, Seattle Aircraft Certification 

Office (ACO), FAA, and the Manager, 

Boeing Aviation Safety Oversight Office 

(BASOO), FAA, as additional approval 

authorities for later software versions. 

We have revised paragraph (h) of the 

final rule and added a new paragraph (i) 

to the final rule to reflect these changes. 

Removed Paragraph Identifier of Note 

We have removed the ‘‘Note 1’’ 

designation from Note 1 of the SNPRM 

(77 FR 31758, May 30, 2012) and we 

have included that text in paragraph (c) 

of this AD. 

Added AMOC Delegation 

We have added new paragraph (j)(3) 

to this AD to allow delegation of repair 

to the Boeing Commercial Airplanes 

ODA. We have revised subsequent 

designated paragraph identifiers as 

appropriate. 

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 SNPRM (77 FR 

31758, May 30, 2012) for correcting the 

unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the SNPRM (77 FR 31758, 

May 30, 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 207 

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 

Installation [retained actions from 

existing AD 2005–07–20, 

Amendment 39–14045 (70 FR 

17603, April 7, 2005)].

2 work-hours × $85 per hour = 

$170.

$0 $170 $35,190 

Repetitive Inspection ..................... 1 work-hour × $85 per hour = $85 

per inspection cycle.

N/A $85 per inspection cycle $17,595 per inspection 

cycle 

We estimate the following costs to do 

any necessary installations that would 

be required based on the results of the 

inspection. We have no way of 

determining the number of aircraft that 

might need this installation: 

ON-CONDITION COSTS

Action Labor cost Parts cost Cost per 

product 

Installation ......................................................................... 1 work-hour × $85 per hour = $85 ................................... $0 $85 

According to the manufacturer, some 

of the costs of this 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 

This AD will not have federalism 

implications under Executive Order 

13132. This AD will not have a 

substantial direct effect on the States, on 


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Federal Register / Vol. 77, No. 205 / Tuesday, October 23, 2012 / Rules and Regulations 64713 

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 

removing airworthiness directive (AD) 

2005–07–20, Amendment 39–14045 (70 

FR 17603, April 7, 2005), and adding 

the following new AD: 

2012–21–08 The Boeing Company: 

Amendment 39–17224; Docket No. 

FAA–2010–0856; Directorate Identifier 

2010–NM–117–AD. 

(a) Effective Date 

This AD is effective November 27, 2012. 

(b) Affected ADs 

This AD supersedes AD 2005–07–20, 

Amendment 39–14045 (70 FR 17603, April 7, 

2005). 

(c) Applicability 

This AD applies to The Boeing Company 

Model 737–600, –700, –700C, –800, and –900 

series airplanes, certificated in any category; 

delivered with the Rockwell Collins 

Enhanced Digital Flight Control System 

(EDFCS), as identified in the variable number 

table in Section 1.A.1., Effectivity, of Boeing 

Alert Service Bulletin 737–22A1211, dated 

April 13, 2010. This AD is applicable to all 

airplanes listed in the variable number table, 

and is not defined by the ‘‘Group 1’’ 

description in Section 1.A. of Boeing Alert 

Service Bulletin 737–22A1211, dated April 

13, 2010. 

(d) Subject 

Joint Aircraft System Component (JASC)/ 

Air Transport Association (ATA) of America 

Code 22, Auto Flight. 

(e) Unsafe Condition 

This AD was prompted by reports of 

undetected erroneous output from a single 

radio altimeter channel, which resulted in 

premature autothrottle retard during 

approach. We are issuing this AD to detect 

and correct an unsafe condition associated 

with erroneous output from a radio altimeter 

channel, which could result in premature 

autothrottle landing flare retard and the loss 

of automatic speed control, and consequent 

loss of control of the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Retained Software Installation and Test 

This paragraph restates the requirements of 

paragraph (f) of AD 2005–07–20, Amendment 

39–14045 (70 FR 17603, April 7, 2005). For 

airplanes identified in Boeing Alert Service 

Bulletin 737–22A1164, dated May 20, 2004: 

Within 12 months after May 12, 2005 (the 

effective date of AD 2005–07–20), install and 

test an updated version of the operational 

program software (OPS) of the EDFCS flight 

control computers (FCCs), in accordance 

with Boeing Alert Service Bulletin 737– 

22A1164, dated May 20, 2004. Installing 

software as required by paragraph (h)(1)(i) or 

(h)(1)(ii) of this AD, or verifying that the 

software is installed as specified by 

paragraph (h)(2) of this AD, or doing the 

actions specified in paragraph (i) of this AD, 

terminates the requirements of this 

paragraph. 

(h) New Requirements 

Within 3 months after the effective date of 

this AD: Inspect to determine the part 

number of the OPS of the FCCs, in 

accordance with the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

737–22A1211, dated April 13, 2010. 

Installing software as required by paragraph 

(h)(1)(i) or (h)(1)(ii) of this AD, or verifying 

that the software is installed as specified by 

paragraph (h)(2) of this AD, terminates the 

requirements of paragraph (g) of this AD. 

Doing the actions specified in paragraph (i) 

of this AD, terminates the requirements of 

this paragraph. 

(1) For any OPS having a part number 

identified in table 1 of the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

737–22A1211, dated April 13, 2010: Before 

further flight, do the actions specified in 

paragraph (h)(1)(i) or (h)(1)(ii), as applicable. 

(i) Install software identified in table 2 of 

the Accomplishment Instructions of Boeing 

Alert Service Bulletin 737–22A1211, dated 

April 13, 2010, in accordance with the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin 737–22A1211, dated April 

13, 2010. 

(ii) Install software identified in table 2 of 

the Accomplishment Instructions of Boeing 

Alert Service Bulletin 737–22A1224, dated 

May 18, 2012, in accordance with the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin 737–22A1224, dated May 

18, 2012. 

(2) For any OPS having a part number 

identified in table 2 of the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

737–22A1211, dated April 13, 2010; or in 

table 2 of the Accomplishment Instructions 

of Boeing Alert Service Bulletin 737– 

22A1224, dated May 18, 2012: No further 

action is required by this paragraph. 

(i) New Optional Software Installation 

Installing a version of the FCC OPS 

approved after May 18, 2012 (the issue date 

of Boeing Alert Service Bulletin 737– 

22A1224) terminates the requirements of 

paragraphs (g) and (h) of this AD, provided 

that the conditions specified in paragraphs 

(i)(1) and (i)(2) of this AD are met. 

(1) The version of the FCC OPS must be 

approved by the Manager, Seattle Aircraft 

Certification Office (ACO), FAA; the 

Manager, Boeing Aviation Safety Oversight 

Office (BASOO), FAA; or the Boeing 

Commercial Airplanes Organization 

Designation Authorization (ODA). 

(2) The installation must be done in 

accordance with a method approved by the 

Manager, Seattle ACO, FAA; the Manager, 

BASOO, FAA; or the Boeing Commercial 

Airplanes ODA. 

(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. 

(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 

(4) AMOCs approved previously in 

accordance with AD 2005–07–20, 

Amendment 39–14045 (70 FR 17603, April 7, 

2005), are approved as AMOCs for the 

corresponding provisions of this AD. 

(k) Related Information 

For more information about this AD, 

contact Gregg Nesemeier, Senior Aerospace 

Engineer, Systems and Equipment Branch, 

ANM–130S, FAA, Seattle Aircraft 

Certification Office (ACO), 1601 Lind Avenue 

SW., Renton, Washington 98057–3356; 


tkelley on DSK3SPTVN1PROD with RULES
64714 Federal Register / Vol. 77, No. 205 / Tuesday, October 23, 2012 / Rules and Regulations 

phone: (425) 917–6479; fax: (425) 917–6590; 

email: gregg.nesemeier@faa.gov. 

(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. 

(3) The following service information was 

approved for IBR on November 27, 2012. 

(i) Boeing Alert Service Bulletin 737– 

22A1211, dated April 13, 2010. 

(ii) Boeing Alert Service Bulletin 737– 

22A1224, dated May 18, 2012. 

(4) The following service information was 

approved for IBR on May 12, 2005 (70 FR 

17603, April 7, 2005). 

(i) Boeing Alert Service Bulletin 737– 

22A1164, dated May 20, 2004. 

(ii) Reserved. 

(5) For The Boeing Company 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. 

(6) 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. 

(7) 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 October 

5, 2012. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–25782 Filed 10–22–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2012–0569; Airspace 

Docket No. 12–ANM–17] 

Modification of Class E Airspace; Wolf 

Point, MT 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action modifies Class E 

airspace at Wolf Point, MT. Controlled 

airspace is necessary to accommodate 

aircraft using Nondirectional Radio 

Beacon (NDB) standard instrument 

approach procedures at L M Clayton 

Airport, Wolf Point, MT. This improves 

the safety and management of 

Instrument Flight Rules (IFR) operations 

at the airport. 

DATES: Effective date, 0901 UTC, 

January 10, 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: 

Eldon Taylor, Federal Aviation 

Administration, Operations Support 

Group, Western Service Center, 1601 

Lind Avenue SW., Renton, WA 98057; 

telephone (425) 203–4537. 

SUPPLEMENTARY INFORMATION: 

History 

On July 24, 2012, the FAA published 

in the Federal Register a notice of 

proposed rulemaking (NPRM) to modify 

controlled airspace at L M Clayton 

Airport, Wolf Point, MT (77 FR 43183). 

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 

Part 71.1. The Class E airspace 

designations listed in this document 

will be published subsequently in that 

Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) part 71 by 

modifying Class E airspace extending 

upward from 700 feet above the surface, 

at L M Clayton Airport, to accommodate 

IFR aircraft executing NDB standard 

instrument approach procedures at the 

airport. This action is necessary for the 

safety and management of IFR 

operations. 

The FAA has determined 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 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 

discusses 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 modifies 

controlled airspace at L M Clayton 

Airport, Wolf Point, MT. 

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 14 CFR 

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 Part 71.1 of the Federal Aviation 

Administration Order 7400.9W, 

Airspace Designations and Reporting 

Points, dated August 8, 2012, and 

effective September 15, 2012 is 

amended as follows: 


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