Federal Register / Vol. 78, No. 229 / Wednesday, November 27, 2013 / Rules and Regulations 70851 

operator to ensure that continued 

airworthiness of the aircraft is 

maintained, including all post STC 

modifications that may have an impact 

on the approved electronic system 

security safeguards. 

Issued in Renton, Washington, on 

November 15, 2013. 

John Piccola, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2013–28408 Filed 11–26–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0974; Directorate 

Identifier 2013–NM–209–AD; Amendment 

39–17675; AD 2013–24–01] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for The 

Boeing Company Model 747–8 and 747– 

8F series airplanes and Model 787–8 

airplanes powered by GEnx engines. 

This AD requires revising the airplane 

flight manual to advise the flight crew 

of potential ice crystal icing (ICI) 

conditions at high altitudes, and to 

prohibit operation in moderate and 

severe ICI conditions. This AD also 

requires inspecting the engine after any 

ICI event is detected by the flight crew. 

This AD was prompted by reports of 

engine damage and thrust loss events as 

a result of flying in high altitude ICI 

conditions. We are issuing this AD to 

ensure that the flight crews have 

operating instructions to avoid flight 

into ICI conditions that can lead to 

engine damage and thrust loss events; 

unrecoverable thrust loss on multiple 

engines can lead to a forced landing. 

DATES: This AD is effective November 

27, 2013. 

We must receive comments on this 

AD by January 13, 2014. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, 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. 

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 (phone: 800–647– 

5527) is in the ADDRESSES section. 

Comments will be available in the AD 

docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: Sue 

Lucier, Aerospace Engineer, Propulsion 

Branch, ANM–140S, FAA, Seattle 

Aircraft Certification Office (ACO), 1601 

Lind Avenue SW., Renton, Washington 

98057–3356; phone: 425–917–6438; fax: 

425–917–6590; email: suzanne.lucier@

faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

Over the past decade, we have been 

aware of temporary engine thrust loss, 

and other engine-related events that 

occurred in ice crystal icing (ICI) 

conditions at high altitudes. These 

events have prompted the release of 

ADs on various airplane models 

equipped with General Electric (GE) 

CF6–80 series engines. Each event was 

in or near convective weather 

conditions that included ice crystal 

icing. 

This type of icing does not appear on 

radar due to its low reflectivity, and 

neither the airplane ice detector nor 

visual indications reliably indicate the 

presence of icing conditions. Therefore, 

it is often undetected by the flight crew. 

Flight in these conditions can cause ice 

crystals to accumulate in the core gas 

flow path of the engine. In the events 

leading to those prior ADs, the ice has 

shed during throttle transients and in 

the descent phase of flight, causing 

temporary thrust loss. 

Since the beginning of 2013, similar 

events have now occurred on Model 

747–8 and 747–8F series airplanes 

powered by GEnx-2B engines and 

Model 787–8 airplanes powered by 

GEnx-1B engines. The new events that 

prompted this AD, however, have 

occurred during the cruise phase of 

flight and caused permanent damage 

(beyond maintenance manual limits) to 

the engine compressor. In all thrust loss 

events, data indicate that ice crystals 

entered and collected in the initial 

stages of the compressor. Engine 

temperature data indicate small ice 

accretions were shed through the core of 

the engine. 

All of these ICI events occurred 

during cruise at 33,000 feet or above, 

either within or after the airplane 

traversed a large Mesoscale Convective 

System (MCS). MCSs are areas where 

several thunderstorms have merged, 

with a continuous cloud larger than 100 

kilometers (62 miles) across. 

Within or near MCSs, ICI events have 

occurred where convective activity has 

driven a significant quantity of 

moisture, in the form of ice crystals, to 

altitudes at or above the tropopause. ICI 

events tend to occur in warm geographic 

locations. 

As of the date of this AD, there have 

been nine events on Model 747–8 

airplanes and Model 787–8 airplanes. 

During two events on Model 747–8F 

airplanes, two engines experienced 

thrust losses during the cruise phase of 

flight. In one of these events, one of the 

engines recovered to idle but would not 

accelerate and was left at idle for the 

rest of the flight. The other engine 

recovered and operated normally for the 

rest of the flight. In both airplane events, 

subsequent inspections of all four 

engines revealed compressor damage on 

both of the event engines as well as 

damage to a third engine that had not 

experienced a thrust loss. 

In four other events—one on a Model 

787–8 airplane and three on Model 747– 

8 airplanes—uncommanded engine 

decelerations (i.e., thrust losses) of 

approximately 20 seconds in duration 

occurred. All engines automatically 

recovered commanded thrust without 

crew action and operated normally for 

the rest of the flight. 

In three other events on Model 747– 

8 airplanes, at least one engine showed 

elevated vibrations on the low-speed 

engine spool (N1) while in ICI 

conditions. The vibrations stopped after 

the airplanes exited the weather system, 

and the engines operated normally for 

the rest of the flight. 

Unrecoverable thrust loss on multiple 

engines, due to operation in high 

altitude clouds containing ice crystals, 

could lead to a forced landing. 

FAA’s Determination 

We are issuing this AD because we 

evaluated all the relevant information 


emcdonald on DSK67QTVN1PROD with RULES
70852 Federal Register / Vol. 78, No. 229 / Wednesday, November 27, 2013 / Rules and Regulations 

and determined the unsafe condition 

described previously is likely to exist or 

develop in other products of these same 

type designs. 

AD Requirements 

This AD requires revising the 

Certificate Limitations and Operating 

Procedures chapters of the AFM to 

advise the flight crew of potential ICI 

conditions at high altitudes, and to 

provide procedures to prohibit flight 

into those conditions. 

This AD also requires engine 

inspections after any event where the 

flight crew reports the appearance of the 

‘‘ENGINE THRUST’’ message on the 

engine indication and crew alert system 

(EICAS) for any engine. The intent of 

the inspection requirement is to verify 

the airworthiness of the airplane for 

future flights. Because of thrust 

requirements on the different airplane 

models, the inspection is required 

before further flight on a minimum of 

three engines on Model 747–8 and 747– 

8F series airplanes, and on both engines 

on Model 787–8 airplanes. 

Interim Action 

We consider this AD interim action. If 

final action is later identified, we might 

consider further rulemaking then. 

FAA’s Justification and Determination 

of the Effective Date 

An unsafe condition exists that 

requires the immediate adoption of this 

AD. The FAA has found that the risk to 

the flying public justifies waiving notice 

and comment prior to adoption of this 

rule because flight in potential ICI at 

high altitudes could result in engine 

damage and loss of thrust and 

consequent forced landing. Therefore, 

we find that notice and opportunity for 

prior public comment 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 

was not preceded by notice and an 

opportunity for public comment. 

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 the docket number 

FAA–2013–0974 and Directorate 

Identifier 2013–NM–209–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. 

Costs of Compliance 

We estimate that this AD affects 14 

airplanes of U.S. registry. We estimate 

the following costs to comply with this 

AD: 

ESTIMATED COSTS: AFM REVISIONS

Action Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

AFM revisions ................................................. 1 work-hour × $85 per hour = $85 ................. $0 $85 $1,190 

ESTIMATED COSTS: INSPECTION

Action Labor cost Parts cost Cost per product 

Inspection .................................................................. 2 work-hours × $85 per hour = $170 per engine .... $0 $680 per airplane 

We have received no definitive data 

that would enable us to provide cost 

estimates for the on-condition corrective 

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): 


emcdonald on DSK67QTVN1PROD with RULES
Federal Register / Vol. 78, No. 229 / Wednesday, November 27, 2013 / Rules and Regulations 70853 

2013–24–01 The Boeing Company: 

Amendment 39–17675; Docket No. 

FAA–2013–0974; Directorate Identifier 

2013–NM–209–AD. 

(a) Effective Date 

This AD is effective November 27, 2013. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to The Boeing Company 

airplanes, certificated in any category, 

identified in paragraphs (c)(1) and (c)(2) of 

this AD. 

(1) Model 747–8 and 747–8F series 

airplanes powered by GEnx-2B67 or GEnx2B67B engines. 

(2) Model 787–8 airplanes powered by 

GEnx-1B64, GEnx-1B67, GEnx-1B70, GEnx1B64/P1, GEnx-1B67/P1, GEnx-1B70/P1, or 

GEnx-1B70/75/P1 engines. 

Note 1 to paragraph (c)(2) of this AD: The 

engine nameplate may also include a suffix 

such as ‘‘G03,’’ which is the applicable Bill 

of Materials (See FAA Type Certification 

Data Sheet T00021SE basic model identifier). 

(d) Subject 

Air Transport Association (ATA) of 

America Code 71, Power plant. 

(e) Unsafe Condition 

This AD was prompted by reports of 

engine damage and thrust loss events as a 

result of flying in high altitude ice crystal 

icing (ICI) conditions. We are issuing this AD 

to ensure that the flight crews have operating 

instructions to avoid flight into ICI 

conditions that can lead to engine damage 

and thrust loss events. We are also issuing 

this AD to ensure the airplane has a 

minimum number of airworthy engines 

following a potential high altitude ICI 

encounter. Operation with more than one 

engine having icing damage can lead to a 

common cause loss of thrust on multiple 

engines, which can lead to a forced landing. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Revision of Airplane Flight Manual 

(AFM): Certificate Limitations 

Within 7 days after the effective date of 

this AD, revise the Certificate Limitations 

chapter of the applicable Boeing AFM to 

include the statement provided in figure 1 to 

paragraph (g) of this AD. This may be done 

by inserting a copy of this AD into the AFM. 

Figure 1 to Paragraph (g) of This AD— 

Certificate Limitations 

AVOIDANCE OF ICE CRYSTAL ICING 

(Required by AD 2013–24–01.) 

In order to prevent loss of thrust and 

engine damage due to ice crystal icing, for 

operations at or above 30,000 feet, when 

approaching, or in, instrument 

meteorological conditions or visible 

moisture: 

The flight crew must comply with the 

Avoidance of Ice Crystal Icing procedure 

contained in the Operating Procedures 

chapter of this manual. 

When following the Avoidance of Ice 

Crystal Icing procedure, flight is prohibited 

within 50NM of amber or red radar returns 

that are displayed below the airplane’s flight 

path. 

Note 2 to figure 1 to paragraph (g), figure 

2 to paragraph (h), and figure 3 to paragraph 

(i) of this AD: When statements identical to 

those in figures 1, 2, and 3 to paragraphs (g), 

(h), and (i) of this AD, respectively, have 

been included in the applicable chapters of 

the general revisions of the applicable AFM, 

the general revisions may be inserted into the 

AFM, and the copy of this AD may be 

removed from the AFM. 

(h) AFM Revision: Model 747–8 and 747–8F 

Operating Procedures 

For Model 747–8 (Intercontinental) and 

747–8F (Freighter) series airplanes: Within 7 

days after the effective date of this AD, revise 

the Operating Procedures chapter of the 

Boeing 747–8 AFM to include the statement 

provided in figure 2 to paragraph (h) of this 

AD. This may be done by inserting a copy of 

this AD into the AFM. 

Figure 2 to Paragraph (h) of This AD—Model 

747–8 Operating Procedures 

AVOIDANCE OF ICE CRYSTAL ICING 

(Required by AD 2013–24–01.) 

This procedure is required by the 

AVOIDANCE OF ICE CRYSTAL ICING 

limitation contained in the Certificate 

Limitations chapter of this manual. The 

language below shall not be modified. 

Operations in ice crystal icing can cause 

unrecoverable loss of thrust and engine 

damage due to ice crystal icing. 

For operations at or above 30,000 feet, 

when approaching, or in, instrument 

meteorological conditions or visible 

moisture: 

Operate weather radar in automatic mode 

and gain knob set to the 12 o’clock position, 

or if in manual mode adjust gain to 

maximum and set tilt between ¥1 and ¥3. 

If areas of green, amber or red weather 

radar returns are observed along the flight 

path: 

Use manual weather radar tilt control 

mode and vary the tilt between ¥3 and ¥5 

degrees and set the gain knob to the 12 

o’clock position to determine if amber or red 

returns are present below the airplane’s flight 

path. 

Flight is prohibited within 50NM of amber 

or red radar returns that are displayed below 

the airplane’s flight path. 

(i) AFM Revision: Model 787–8 Operating 

Procedures 

For Model 787–8 airplanes: Within 7 days 

after the effective date of this AD, revise the 

Operating Procedures chapter of the Boeing 

787 AFM to include the statement provided 

in figure 3 to paragraph (i) of this AD. This 

may be done by inserting a copy of this AD 

into the AFM. 

Figure 3 to Paragraph (i) of This AD—Model 

787–8 Operating Procedures 

AVOIDANCE OF ICE CRYSTAL ICING 

(Required by AD 2013–24–01.) 

This procedure is required by the 

AVOIDANCE OF ICE CRYSTAL ICING 

limitation contained in the Certificate 

Limitations chapter of this manual. The 

language below shall not be modified. 

Operations in ice crystal icing can cause 

unrecoverable loss of thrust and engine 

damage due to ice crystal icing. 

For operations at or above 30,000 feet, 

when approaching, or in, instrument 

meteorological conditions or visible 

moisture: 

Operate weather radar in automatic mode 

and 0 manual gain adjustment, or if in 

manual mode adjust gain to maximum and 

set tilt between ¥1 and ¥3. 

If areas of green, amber or red weather 

radar returns are observed along the flight 

path: 

Use manual weather radar tilt control 

mode and vary the tilt between ¥3 and ¥5 

degrees and select 0 manual gain adjustment 

to determine if amber or red returns are 

present below the airplane’s flight path. 

Flight is prohibited within 50NM of amber 

or red radar returns that are displayed below 

the airplane’s flight path. 

(j) Post-Event Inspections 

After any flight crew report of the 

appearance of an engine indicating and crew 

alerting system (EICAS) message that 

displays ‘‘ENG THRUST (L,R)’’ (for Model 

787–8 airplanes) or ‘‘ENG (1, 2, 3, or 4) 

THRUST’’ (for Model 747–8 and 747–8F 

airplanes) during operation at or above 

30,000 feet pressure altitude: Do borescope 

inspections of the first stage blade of the high 

pressure compressor of the engines to detect 

damage, as specified in paragraph (j)(1) or 

(j)(2) of this AD, as applicable. Correct any 

damage before further flight. 

(1) For Model 747–8 and 747–8F series 

airplanes: Before further flight, inspect each 

engine for which an EICAS ENGINE THRUST 

message was displayed. A minimum total of 

3 engines must be inspected before further 

flight. Within 5 flight cycles after the EICAS 

message was displayed, inspect the fourth 

engine, unless already accomplished as 

specified in this paragraph. 

(2) For Model 787–8 airplanes: Before 

further flight, inspect both engines. 

(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 

paragraph (k) of this AD. Information may be 

emailed to 9-ANM-Seattle-ACO-AMOCRequests@faa.gov. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 


emcdonald on DSK67QTVN1PROD with RULES
70854 Federal Register / Vol. 78, No. 229 / Wednesday, November 27, 2013 / Rules and Regulations 

or lacking a principal inspector, the manager 

of the local flight standards district office/

certificate holding district office. 

(l) Related Information 

(1) For more information about this AD, 

contact Sue Lucier, Aerospace Engineer, 

Propulsion Branch, ANM–140S, FAA, Seattle 

Aircraft Certification Office (ACO), 1601 Lind 

Avenue SW., Renton, Washington 98057– 

3356; phone: 425–917–6438; fax: 425–917– 

6590; email: suzanne.lucier@faa.gov. 

(2) Refer to the applicable information 

specified in paragraph (l)(2)(i) or (l)(2)(ii) of 

this AD for guidance on inspecting the 

engine and correcting damage. 

(i) For Model 747–8 and 747–8F series 

airplanes: Refer to Task 72–00–00–290–801– 

G00, High Pressure Compressor Section (with 

a Borescope) Detailed Inspection, of Subject 

72–00–00, Engine—Inspection/Check, of 

Chapter 72, Engine, of the Boeing 747–8 

Aircraft Maintenance Manual. 

(ii) For Model 787–8 airplanes: Refer to 

Data Module DMC–B787–A–G72–00–00– 

06B–280C–A, High Pressure Compressor 

Section (with a Borescope)—Special Detailed 

Inspection, of the Boeing 787–8 Aircraft 

Maintenance Manual. 

(3) For Boeing service information 

identified in this AD that is not incorporated 

by reference, 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 view this 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. 

(m) Material Incorporated by Reference 

None. 

Issued in Renton, Washington, on 

November 22, 2013. 

Jeffrey E. Duven, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2013–28638 Filed 11–26–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 73 

[Docket No. FAA–2013–0931; Airspace 

Docket No. 13–AWP–6] 

RIN 2120–AA66 

Amendment of Restricted Area R–7201 

Farallon De Medinilla Island; Mariana 

Islands, GU 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: This action makes a minor 

correction to the longitude coordinate in 

the boundary of restricted area R–7201, 

Farallon De Medinilla Island, Mariana 

Islands, Guam. This change is due to the 

National Oceanic and Atmospheric 

Administration’s (NOAA) adoption of a 

revised datum which resulted in a 

minor shift in the charted location of 

Farallon De Medinilla Island. This 

action adjusts the longitude coordinate 

of the restricted area to ensure that it is 

charted in the proper position over the 

Island. 

DATES: Effective date: December 27, 

2013. 

FOR FURTHER INFORMATION CONTACT: Paul 

Gallant, Airspace Policy and ATC 

Procedures Group, Office of Airspace 

Services, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

Background 

Based on a NOAA survey in 2010, it 

was determined that Farallon De 

Medinilla Island (FDM) was not plotted 

properly on the NOAA charts. As a 

result, the datum for charting the FDM 

inset on NOAA Chart 81086 was 

corrected based on the survey findings. 

This requires a minor adjustment in the 

longitude coordinate for R–7201 to take 

into account the revised positioning of 

FDM on NOAA Chart 81086 and to 

ensure that the restricted area is 

centered over FDM on the current 

NOAA chart. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) part 73 by 

making a minor correction to the 

longitude coordinate in the description 

of restricted area R–7201, Farallon De 

Medinilla Island, Mariana Islands, 

Guam. This action changes the 

longitude coordinate from ‘‘long. 

146°04′39′′ E.’’ to ‘‘long. 146°03′31′′ E.’’ 

This change does not affect the 

designated altitudes or activities 

conducted within the restricted area. 

Because this is a minor change that 

merely provides a more accurate 

plotting of the FDM Island and the 

overlying restricted airspace to match 

the amended NOAA chart datum, notice 

and public procedures under 5 U.S.C. 

553(b) are unnecessary. 

The FAA has determined that this 

action 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 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 the airspace necessary 

to ensure the safety of aircraft and the 

efficient use of airspace. This regulation 

is within the scope of that authority as 

amends the description of restricted 

area R–7201, Farallon De Medinilla 

Island, Mariana Islands. 

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 

311d. This action is an administrative 

change to the description of affected 

restricted area R–7201 to reflect a more 

accurate geographic coordinate. It does 

not alter the dimensions, altitudes, time 

of designation or use of the airspace; 

therefore, it is not expected to cause any 

potentially significant environmental 

impacts, and no extraordinary 

circumstances exists that warrant 

preparation of an environmental 

assessment. 

List of Subjects in 14 CFR Part 73 

Airspace, Prohibited areas, Restricted 

areas. 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 73, as follows: 

PART 73—SPECIAL USE AIRSPACE 

■ 1. The authority citation for part 73 

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. 


emcdonald on DSK67QTVN1PROD with RULES