Federal Register / Vol. 73, No. 140 / Monday, July 21, 2008 / Rules and Regulations 42259 

information is minimal. Likewise, it is 

no longer necessary for handlers to 

submit reports to the Committee 

regarding transfers of off-grade for 

reconditioning or other failing raisins. 

Handlers submit other weekly and 

monthly reports to the Committee 

regarding off-grade and other failing 

raisins that allows Committee staff to 

track such raisins. As with all Federal 

marketing order programs, reports and 

forms are periodically reviewed to 

reduce information requirements and 

duplication by industry and public 

sector agencies. 

AMS is committed to complying with 

the E-Government Act, to promote the 

use of the Internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

As noted in the initial regulatory 

flexibility analysis, USDA has not 

identified any relevant Federal rules 

that duplicate, overlap or conflict with 

this final rule. 

In addition, the Committee’s July 11, 

2007, meeting and the Administrative 

Issues Subcommittee meeting held 

earlier that day were widely publicized 

throughout the raisin industry. All 

interested persons were invited to 

attend the meetings and participate in 

Committee deliberations on all issues. 

Like all Committee meetings, both were 

public meetings and all entities, both 

large and small, were able to express 

views on this issue. 

A proposed rule concerning this 

action was published in the Federal 

Register on April 22, 2008 (72 FR 

21551). Copies of the rule were mailed 

or sent via facsimile to all Committee 

members and raisin handlers. Finally, 

the rule was made available through the 

Internet by USDA and the Office of the 

Federal Register. A 30-day comment 

period ending May 22, 2008, was 

provided to allow interested persons to 

respond to the proposal. No comments 

were received. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: http://www.ams.usda.gov/ 

AMSv1.0/ams.fetchTemplateData.do?

template=TemplateN&page=Marketing

OrdersSmallBusinessGuide. Any 

questions about the compliance guide 

should be sent to Jay Guerber at the 

previously mentioned address in the 

FOR FURTHER INFORMATION CONTACT

section. 

After consideration of all relevant 

matters presented, including the 

information and recommendation 

submitted by the Committee and other 

available information, it is hereby found 

that this rule, as hereinafter set forth, 

will tend to effectuate the declared 

policy of the Act. 

List of Subjects in 7 CFR Part 989 

Grapes, Marketing agreements, 

Raisins, Reporting and recordkeeping 

requirements. 

■ For the reasons set forth in the 

preamble, 7 CFR part 989 is amended as 

follows: 

PART 989—RAISINS PRODUCED 

FROM GRAPES GROWN IN 

CALIFORNIA 

■ 1. The authority citation for 7 CFR 

part 989 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. Section 989.158 is amended as 

follows: 

■ a. In paragraph (c)(2), the second 

sentence is revised, and a new sentence 

is added after it; 

■ b. In paragraph (c)(3), the fourth 

sentence is revised, and a new sentence 

is added after it; 

■ c. In paragraph (c)(4)(i), the first 

sentence is revised, and a new sentence 

is added after it; and 

■ d. Paragraph (c)(6)(ii) is revised. 

The revised and added text reads as 

follows: 

§ 989.158 Natural condition raisins. 

* * * * * 

(c) * * * 

(2) * * * Prior to making such 

change, the handler shall notify the 

inspection service at least one business 

day in advance of the time such handler 

plans to begin such change. Such 

notification shall be provided verbally 

or by other means of communication, 

including e-mail. * * * 

(3) * * * The handler shall notify the 

inspection service in advance of the 

time such handler plans to transfer each 

lot. Such notification shall be provided 

verbally or by other means of 

communication, including e-mail. 

* * * 

(4) * * * 

(i) The handler shall notify the 

inspection service at least one business 

day in advance of the time such handler 

plans to begin reconditioning each lot of 

raisins, unless a shorter period is 

acceptable to the inspection service. 

Such notification shall be provided 

verbally or by other means of 

communication, including e-mail. 

* * * 

* * * * * 

(6) * * * 

(ii) Any packer may arrange for or 

permit the tenderer to remove the 

stemmed raisins (described in paragraph 

(c)(6)(i) of this section), but not the 

residual, directly to the premises, 

within California, of another packer for 

further reconditioning of the raisins at 

the latter’s premises. Such removal and 

transfer shall be made under the 

surveillance of the inspection service. 

The packer shall notify the inspection 

service as required in paragraph (c)(3) of 

this section. Such raisins may be 

received by the other packer without 

inspection. On and after such receipt of 

the raisins for further reconditioning, all 

applicable provisions of this part shall 

apply with respect to such raisins and 

the packer so receiving them. 

* * * * * 

§ 989.173 [Amended] 

■ 3. In § 989.173, paragraph (d)(2) is 

removed and reserved. 

Dated: July 16, 2008. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E8–16605 Filed 7–18–08; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0733; Directorate 

Identifier 2008–NM–114–AD; Amendment 

39–15617; AD 2008–15–05] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 737–300, –400, and –500 Series 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for all 

Boeing Model 737–300, –400, and –500 

series airplanes. This AD requires 

inspecting to determine if certain 

carriage spindles are installed, repetitive 

inspections for corrosion and 

indications of corrosion on affected 

carriage spindles, and if necessary, 

related investigative action and 

corrective action. This AD also provides 

optional terminating action. This AD 

results from a report of corrosion found 

on carriage spindles that are located on 

the outboard trailing edge flaps. We are 

issuing this AD to detect and correct 

corrosion of the carriage spindle, which 

could result in fracture. Fracture of both 

the inboard and outboard carriage 

spindles, in the forward ends through 


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the large diameters, on a flap, could 

adversely affect the airplane’s continued 

safe flight and landing. 

DATES: This AD is effective August 5, 

2008. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of August 5, 2008. 

We must receive comments on this 

AD by September 19, 2008. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M–

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M–

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, P.O. Box 3707, Seattle, 

Washington 98124–2207. 

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 street address for 

the Docket Office (telephone 800–647–

5527) is in the ADDRESSES section. 

Comments will be available in the AD 

docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Nancy Marsh, Aerospace Engineer, 

Airframe Branch, ANM–120S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 917–6440; fax (425) 917–6590. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We received a report of corrosion 

found on carriage spindles that are 

located on the outboard trailing edge 

flaps. The affected carriages were 

overhauled after February 2006. The 

carriage sub-assembly had been 

replaced with a new carriage subassembly that had a high velocity oxyfuel (HVOF) thermal coating applied to 

the spindle. The HVOF thermal coating 

had flaked off, exposing the base metal 

and allowing corrosion on the spindle. 

Boeing is examining parts returned from 

operators to find the cause of the coating 

flaking off. Corrosion of the carriage 

spindle, if not detected and corrected, 

could result in fracture of the spindle. 

One fractured carriage spindle on a flap 

can be compensated for with pilot 

inputs to the aileron or rudder, which 

increases pilot workload. Fracture of 

both the inboard and outboard carriage 

spindles, in the forward ends through 

the large diameters, on a single flap, 

could adversely affect the airplane’s 

continued safe flight and landing. 

Relevant Service Information 

We reviewed Boeing Alert Service 

Bulletin 737–57A1304, dated June 2, 

2008. The service bulletin describes 

procedures for: 

• An inspection or maintenance 

records check to determine if a suspect 

carriage spindle with HVOF thermal 

coating is installed; 

• Repetitive detailed inspections for 

corrosion and for potential indications 

of corrosion such as flaking metallic 

particles, disbonded sealant, or cracked 

paint or primer of the forward and aft 

ends of the affected carriage spindle 

(with the option to do a borescope 

inspection instead on the forward end 

only); 

• Related investigative actions if 

potential or no indications of corrosion 

are found; and 

• Corrective action if a corroded, 

cracked, or severed spindle is found. 

The related investigative actions 

involve (1) removing the carriage to do 

a detailed inspection of the entire 

surface of the spindle for corrosion if 

potential indications of corrosion were 

found or (2) for airplanes on which no 

corrosion indications were found during 

the detailed or optional borescope 

inspection, doing repetitive gap checks 

for differential movement (with an 

option to do a non-destructive test 

(NDT) ultrasonic inspection) for 

cracking that could indicate a severed 

spindle. The corrective action involves 

replacing a corroded, cracked, or 

severed carriage spindle with a new or 

serviceable carriage spindle. The service 

bulletin also provides for an optional 

terminating action that involves 

replacing an HVOF-coated carriage 

spindle with a non-HVOF coated 

carriage spindle. 

The service bulletin specifies a 

repetitive interval of 90 days for the 

detailed inspections (including optional 

borescope inspection) and a repetitive 

interval of 15 days or 150 flight cycles 

for the gap checks (including optional 

NDT ultrasonic inspections). 

FAA’s Determination and Requirements 

of This AD 

We are issuing this AD because we 

evaluated all the relevant information 

and determined the unsafe condition 

described previously is likely to exist or 

develop in other products of the(se) 

same type design(s). This AD requires 

accomplishing the actions specified in 

the service information described 

previously, except as discussed under 

‘‘Difference Between the AD and the 

Service Information.’’

Interim Action 

This is considered to be interim 

action. The inspection reports that are 

required by this AD will enable the 

manufacturer to obtain better insight 

into the nature, cause, and extent of the 

discrepant HVOF coating, and 

eventually to develop final action to 

address the unsafe condition. Once final 

action has been identified, the FAA 

might consider further rulemaking. 

FAA’s Justification and Determination 

of the Effective Date 

We received a report of corrosion 

found on carriage spindles that are 

located on the outboard trailing edge 

flaps. The HVOF coating on the affected 

carriage spindle had flaked off, exposing 

the base metal. Corrosion occurring on 

the exposed base metal can quickly lead 

to cracking and full fracture of the 

carriage spindle. Fracture of both the 

inboard and outboard carriage spindles, 

in the forward ends through the large 

diameters, on a single flap, could 

adversely affect the airplane’s continued 

safe flight and landing. Because of our 

requirement to promote safe flight of 

civil aircraft and thus, the critical need 

to assure the structural integrity of the 

carriage spindle and the short 

compliance time involved with this 

action, this AD must be issued 

immediately. 

Because an unsafe condition exists 

that requires the immediate adoption of 

this AD, we find that notice and 

opportunity for prior public comment 

hereon are impracticable and that good 

cause exists for making this amendment 

effective in less than 30 days. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not provide you with notice and 

an opportunity to provide your 

comments before it becomes effective. 

However, we invite you to send any 

written data, views, or arguments about 

this AD. Send your comments to an 

address listed under the ADDRESSES

section. Include ‘‘Docket No. FAA–

2008–0733; Directorate Identifier 2008–


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Federal Register / Vol. 73, No. 140 / Monday, July 21, 2008 / Rules and Regulations 42261 

NM–114–AD’’ at the beginning of your 

comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this AD. We will consider all 

comments received by the closing date 

and may amend this AD because of 

those comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this 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), and 

(3) 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. 

You can find our regulatory 

evaluation and the estimated costs of 

compliance in the AD Docket. 

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 AD: 

2008–15–05 Boeing: Amendment 39–15617. 

Docket No. FAA–2008–0733; Directorate 

Identifier 2008–NM–114–AD. 

Effective Date 

(a) This airworthiness directive (AD) is 

effective August 5, 2008. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all Boeing Model 

737–300, –400, and –500 series airplanes, 

certificated in any category. 

Unsafe Condition 

(d) This AD results from a report of 

corrosion found on carriage spindles that are 

located on the outboard trailing edge flaps. 

We are issuing this AD to detect and correct 

corrosion of the carriage spindle, which 

could result in fracture. Fracture of both the 

inboard and outboard carriage spindles, in 

the forward ends through the large diameters, 

on a single flap, could adversely affect the 

airplane’s continued safe flight and landing. 

Compliance 

(e) Comply with this AD within the 

compliance times specified, unless already 

done. 

Inspection To Determine Affected Carriage 

Spindle 

(f) Within 30 days after the effective date 

of this AD, inspect the carriage sub-assembly 

to determine whether an affected carriage 

spindle with a high velocity oxy-fuel (HVOF) 

thermal coating is installed, in accordance 

with the Accomplishment Instructions of 

Boeing Alert Service Bulletin 737–57A1304, 

dated June 2, 2008. A review of airplane 

maintenance records is acceptable in lieu of 

this inspection if the part number and/or 

serial number of the carriage can be 

conclusively determined from that review. If 

no affected carriage spindle is installed, no 

further action is required by this paragraph. 

Repetitive Inspections, Related Investigative 

Actions, and Corrective Action 

(g) For airplanes on which any affected 

carriage spindle is installed: At the later of 

the times specified in paragraphs (g)(1) and 

(g)(2) of this AD, do a detailed inspection (or, 

as an option for the forward end of the 

spindle only, a borescope inspection 

technique may be used) of the spindle for 

corrosion and potential indications of 

corrosion of the carriage spindle, and do all 

applicable related investigative and 

corrective actions, in accordance with the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin 737–57A1304, dated June 2, 

2008. Do all applicable related investigative 

actions and corrective actions before further 

flight. Repeat the detailed inspection (or, as 

an option for the forward end of the spindle 

only, the borescope inspection) and certain 

related investigative actions (i.e., the gapcheck or optional non-destructive test (NDT) 

ultrasonic inspection) at the applicable 

compliance times specified in the service 

bulletin. 

(1) Within 30 days after the effective date 

of this AD. 

(2) Within 90 days after the installation of 

a new HVOF-coated spindle. 

Note 1: Boeing Alert Service Bulletin 737–

57A1304, dated June 2, 2008, references 

Boeing Alert Service Bulletin 737–57A1277, 

Revision 1, dated November 25, 2003, for 

further information on accomplishing the 

related investigative actions. 

Inspection Report 

(h) If any corrosion, cracking, or severed 

spindle is found during any inspection 

required by paragraph (g) of this AD: Within 

10 days after the inspection, or within 10 

days after the effective date of this AD, 

whichever occurs later, submit a report of the 

inspection results to the Manager, Airline 

Support, Boeing Commercial Airlines Group, 

as specified in Note 2 of paragraph 1.D., 

‘‘Description,’’ of Boeing Alert Service 

Bulletin 737–57A1304, dated June 2, 2008. 

Information collection requirements 

contained in this AD have been approved by 

the Office of Management and Budget (OMB) 

under the provisions of the Paperwork 

Reduction Act (44 U.S.C. 3501 et seq.) and 

have been assigned OMB Control Number 

2120–0056. 

Optional Terminating Action 

(i) Replacement of an HVOF-coated 

carriage spindle with a non-HVOF coated 

carriage spindle in accordance with Boeing 

Alert Service Bulletin 737–57A1304, dated 

June 2, 2008, terminates the requirements of 

this AD for that carriage spindle only. 

Parts Installation 

(j) As of the effective date of this AD, an 

HVOF-coated spindle may be installed on an 

airplane provided the actions required by 

paragraph (g) of this AD are done on that 

spindle. 

Alternative Methods of Compliance 

(AMOCs) 

(k)(1) The Manager, Seattle ACO, FAA, 

ATTN: Nancy Marsh, Aerospace Engineer, 

Airframe Branch, ANM–120S, 1601 Lind 

Avenue, SW., Renton, Washington 98057–

3356; telephone (425) 917–6440; fax (425) 

917–6590; has the authority to approve 

AMOCs for this AD, if requested, using the 

procedures found in 14 CFR 39.19. 


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(2) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Before using any approved AMOC on 

any airplane to which the AMOC applies, 

notify your appropriate principal inspector 

(PI) in the FAA Flight Standards District 

Office (FSDO), or lacking a PI, your local 

FSDO. 

(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 an 

Authorized Representative for the Boeing 

Commercial Airplanes Delegation Option 

Authorization Organization who 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. 

Material Incorporated by Reference 

(l) You must use Boeing Alert Service 

Bulletin 737–57A1304, dated June 2, 2008, to 

do the actions required by this AD, unless the 

AD specifies otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, P.O. Box 3707, Seattle, 

Washington 98124–2207. 

(3) You may review copies of the service 

information incorporated by reference at the 

FAA, Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington; or 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/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on July 10, 

2008. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E8–16483 Filed 7–18–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2008–0068; Airspace 

Docket No. 08–AWP–1] 

Establishment of Class E Airspace; 

Carson City, NV 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action will establish 

Class E airspace at Carson City, NV. 

Controlled airspace is necessary to 

accommodate aircraft using a new Area 

Navigation (RNAV) Global Positioning 

System (GPS) Standard Instrument 

Approach Procedure (SIAP) at Carson 

City Airport, Carson City, NV. This will 

improve the safety of Instrument Flight 

Rules (IFR) aircraft executing the new 

RNAV GPS SIAP at Carson City Airport, 

Carson City, NV. 

DATES: Effective Date: 0901 UTC, 

September 25, 2008. 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 Area, 1601 Lind 

Avenue, SW., Renton, WA 98057; 

telephone (425) 203–4537. 

SUPPLEMENTARY INFORMATION: 

History 

On April 23, 2008, the FAA published 

in the Federal Register a notice of 

proposed rulemaking to establish 

controlled airspace at Carson City 

Airport, Carson City, NV (73 FR 21858). 

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 7400.9R signed August 15, 2007, 

and effective September 15, 2007, 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 

establishing Class E airspace at Carson 

City, NV. Controlled airspace is 

necessary to accommodate IFR aircraft 

executing a new RNAV (GPS) approach 

procedure at Carson City Airport, 

Carson City, NV. 

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 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 establishes 

controlled airspace at Carson City 

Airport, Carson City, NV. 

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 71.1 of the Federal Aviation 

Administration Order 7400.9R, Airspace 

Designations and Reporting Points, 

signed August 15, 2007, and effective 

September 15, 2007 is amended as 

follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

AWP NV, E5 Carson City, NV [New] 

Carson City Airport, NV 

(Lat. 39°11′32′′ N., long. 119°44′04′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.5-mile 

radius of Carson City Airport. 

* * * * * 


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