Federal Register / Vol. 77, No. 25 / Tuesday, February 7, 2012 / Proposed Rules 6023 

relevant work, educational, or other 

experience. Section 213.3102(u)(5) 

addresses temporary employment 

options, mainly when a determination 

of job readiness cannot be made based 

on an individual’s prior work, 

educational, or other experience. We 

propose to modify this section to clarify 

the appropriate uses of the temporary 

employment option (i.e. to determine 

job readiness, or when the duties to be 

performed are truly of a short-term 

nature). 

Regulatory Flexibility Act 

I certify that this regulation will not 

have a significant economic impact on 

a substantial number of small entities 

because it affects only certain potential 

applicants and Federal employees. 

Executive Order 12866, Regulatory 

Review 

This rule has been reviewed by the 

Office of Management and Budget in 

accordance with Executive Order 12866. 

List of Subjects in 5 CFR Part 213 

Government employees, Excepted 

Schedules. 

U.S. Office of Personnel Management. 

John Berry, 

Director. 

Accordingly, OPM is proposing to 

revise 5 CFR 213.3102 as follows: 

PART 213—EXCEPTED SERVICE 

1. The authority citation for part 213 

is revised to read as follows: 

Authority: 5 U.S.C. 3161, 3301 and 3302; 

E.O. 10577, 3 CFR 1954–1958 Comp., p. 218; 

Sec. 213.101 also issued under 5 U.S.C. 2103. 

Sec. 213.3102 also issued under 5 U.S.C. 

3301, 3302, 3307, 8337(h), and 8456; E.O. 

13318, 3 CFR 1982 Comp., p. 185; 38 U.S.C. 

4301 et seq.; Pub. L. 105–339, 112 Stat 3182– 

83; E.O. 13162; E.O. 12125, 3 CFR 1979 

Comp., p. 16879; and E.O. 13124, 3 CFR 1999 

Comp., p. 31103; and Presidential 

Memorandum—Improving the Federal 

Recruitment and Hiring Process (May 11, 

2010). 

2. In § 213.3102 revise paragraph (u) 

to read as follows: 

§ 213.3102 Entire executive civil service. 

* * * * * 

(u) Appointment of persons with 

intellectual disabilities, severe physical 

disabilities, or psychiatric disabilities— 

(1) Purpose. An agency may appoint, on 

a permanent, time-limited, or temporary 

basis, a person with an intellectual 

disability, a severe physical disability, 

or a psychiatric disability according to 

the provisions described below. 

(2) Definition. ‘‘Intellectual 

disabilities’’ means only those 

disabilities that would have been 

encompassed by the term ‘‘mental 

retardation’’ in previous iterations of 

this regulation and the associated 

Executive Order, Executive Order 

12125, dated March 15, 1979. 

(3) Proof of disability. (i) An agency 

must require proof of an applicant’s 

intellectual disability, severe physical 

disability, or psychiatric disability prior 

to making an appointment under this 

section. 

(ii) An agency may accept, as proof of 

disability, appropriate documentation 

(e.g., records, statements, or other 

appropriate information) issued from a 

licensed medical professional (e.g., a 

physician or other medical professional 

duly certified by a State, the District of 

Columbia, or a U.S. territory, to practice 

medicine); a licensed vocational 

rehabilitation specialist (State or 

private); or any Federal agency, State 

agency, or an agency of the District of 

Columbia or a U.S. territory that issues 

or provides disability benefits. 

(4) Permanent or time-limited 

employment options. An agency may 

make permanent or time-limited 

appointments under this subsection 

where an applicant supplies proof of 

disability as described in paragraph (3) 

above and the agency determines that 

the individual is likely to succeed in the 

performance of the duties of the 

position for which he or she is applying. 

In determining whether the individual 

is likely to succeed in performing the 

duties of his position, the agency may 

rely upon the applicant’s employment, 

educational, or other relevant 

experience, including but not limited to 

service under another type of 

appointment in the competitive or 

excepted services. 

(5) Temporary employment options. 

An agency may make a temporary 

appointment when: 

(i) It is necessary to observe the 

applicant on the job to determine 

whether the applicant is able or ready 

to perform the duties of the position. 

When an agency uses this option to 

determine an individual’s job readiness, 

the hiring agency may convert the 

individual to a permanent appointment 

in the excepted service whenever the 

agency determines the individual is able 

to perform the duties of the position; or 

(ii) The work is of a temporary nature. 

(6) Noncompetitive conversion to the 

competitive service. (i) An agency may 

noncompetitively convert to the 

competitive service an employee who 

has completed 2 years of satisfactory 

service under this authority in 

accordance with the provisions of 

Executive Order 12125 as amended by 

Executive Order 13124 and § 315.709 of 

this chapter, except as provided in 

(u)(6)(ii). 

(ii) Time spent on a temporary 

appointment specified in paragraph 

(u)(5)(ii) of this section does not count 

towards the 2-year requirement. 

* * * * * 

[FR Doc. 2012–2660 Filed 2–6–12; 8:45 am] 

BILLING CODE 6325–39–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0038; Directorate 

Identifier 2011–NM–209–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for all 

Airbus Model A300 B4–600 series 

airplanes and Model A310–203, –204, 

–221, and –222 airplanes. This proposed 

AD was prompted by a report of a 

capacitive density condensator 

(cadensicon) coil overheating during 

testing. This proposed AD would 

require an inspection to determine if a 

certain fuel quantity indication 

computer (FQIC) is installed, 

replacement of identified FQICs, and 

modification of the associated wiring. 

We are proposing this AD to detect and 

correct potential overheating of the 

cadensicon coil, which could create an 

ignition source inside a fuel tank, 

which, in combination with flammable 

fuel vapors, could result in a fuel tank 

explosion and consequent loss of the 

airplane. 

DATES: We must receive comments on 

this proposed AD by March 23, 2012. 

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., 


srobinson on DSK4SPTVN1PROD with PROPOSALS
6024 Federal Register / Vol. 77, No. 25 / Tuesday, February 7, 2012 / Proposed Rules 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this proposed AD, contact Airbus SAS— 

EAW (Airworthiness Office), 1 Rond 

Point Maurice Bellonte, 31707 Blagnac 

Cedex, France; telephone +33 5 61 93 36 

96; fax +33 5 61 93 44 51; email 

account.airworth-eas@airbus.com; 

Internet http://www.airbus.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 Operations office between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Operations 

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: Dan 

Rodina, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–2125; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2012–0038; Directorate Identifier 

2011–NM–209–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD based on 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 proposed AD. 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA 

Airworthiness Directive 2011–0186, 

dated September 23, 2011 (referred to 

after this as ‘‘the MCAI’’), to correct an 

unsafe condition for the specified 

products. The MCAI states: 

In view to address the scope of Special 

Federal Aviation Regulation 88 (SFAR 88) 

(66 FR 23086, May 7, 2001) and the 

equivalent JAA Internal Policy INT/POL/25/ 

12, a safety analysis of Fuel Quantity 

Indication Computers (FQIC) fitted to Wide 

Body aeroplanes has been performed. 

Detailed analysis has shown that on early 

standard FQIC, Type 1, there is an 

insufficient gap on the printed circuit board 

between a 115V [volt] supply and a direct 

path to the Capacitive Density Condensator 

(Cadensicon). 

During tests that were carried out applying 

115V to the Cadensicon coil, measured 

temperature levels were in excess of the 

acceptable level of 200 °C. This potential 

overheating of the Cadensicon coil could be 

a possible ignition point within the fuel tank. 

This condition, if left uncorrected, could 

create an ignition source in the tank vapour 

space, possibly resulting in a wing fuel tank 

explosion and consequent loss of the 

aeroplane. 

For the reasons explained above, this 

[EASA] AD requires the replacement of all 

Type 1 FQICs with Type 2 FQICs. 

You may obtain further information 

by examining the MCAI in the AD 

docket. 

The FAA has examined the 

underlying safety issues involved in fuel 

tank explosions on several large 

transport airplanes, including the 

adequacy of existing regulations, the 

service history of airplanes subject to 

those regulations, and existing 

maintenance practices for fuel tank 

systems. As a result of those findings, 

we issued a regulation titled ‘‘Transport 

Airplane Fuel Tank System Design 

Review, Flammability Reduction and 

Maintenance and Inspection 

Requirements’’ (66 FR 23086, May 7, 

2001). In addition to new airworthiness 

standards for transport airplanes and 

new maintenance requirements, this 

rule included Special Federal Aviation 

Regulation No. 88 (‘‘SFAR 88,’’ 

Amendment 21–78, and subsequent 

Amendments 21–82 and 21–83). 

Among other actions, SFAR 88 (66 FR 

23086, May 7, 2001) requires certain 

type design (i.e., type certificate (TC) 

and supplemental type certificate (STC)) 

holders to substantiate that their fuel 

tank systems can prevent ignition 

sources in the fuel tanks. This 

requirement applies to type design 

holders for large turbine-powered 

transport airplanes and for subsequent 

modifications to those airplanes. It 

requires them to perform design reviews 

and to develop design changes and 

maintenance procedures if their designs 

do not meet the new fuel tank safety 

standards. As explained in the preamble 

to the rule, we intended to adopt 

airworthiness directives to mandate any 

changes found necessary to address 

unsafe conditions identified as a result 

of these reviews. 

In evaluating these design reviews, we 

have established four criteria intended 

to define the unsafe conditions 

associated with fuel tank systems that 

require corrective actions. The 

percentage of operating time during 

which fuel tanks are exposed to 

flammable conditions is one of these 

criteria. The other three criteria address 

the failure types under evaluation: 

Single failures, single failures in 

combination with a latent condition(s), 

and in-service failure experience. For all 

four criteria, the evaluations included 

consideration of previous actions taken 

that may mitigate the need for further 

action. 

The Joint Aviation Authorities (JAA) 

has issued a regulation that is similar to 

SFAR 88 (66 FR 23086, May 7, 2001). 

(The JAA is an associated body of the 

European Civil Aviation Conference 

(ECAC) representing the civil aviation 

regulatory authorities of a number of 

European States who have agreed to cooperate in developing and 

implementing common safety regulatory 

standards and procedures.) Under this 

regulation, the JAA stated that all 

members of the ECAC that hold type 

certificates for transport category 

airplanes are required to conduct a 

design review against explosion risks. 

We have determined that the actions 

identified in this AD are necessary to 

reduce the potential of ignition sources 

inside fuel tanks, which, in combination 

with flammable fuel vapors, could result 

in fuel tank explosions and consequent 

loss of the airplane. 

Relevant Service Information 

Airbus has issued Mandatory Service 

Bulletins A300–28–6024, Revision 02, 

dated January 19, 2011; and A310–28– 

2039, Revision 01, dated January 19, 

2011. The actions described in this 

service information are intended to 

correct the unsafe condition identified 

in the MCAI. 

FAA’s Determination and Requirements 

of This Proposed AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with the State of 

Design Authority, we have been notified 

of the unsafe condition described in the 

MCAI and service information 


srobinson on DSK4SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 25 / Tuesday, February 7, 2012 / Proposed Rules 6025 

referenced above. We are proposing this 

AD because we evaluated all pertinent 

information and determined an unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 53 products of U.S. registry. 

We also estimate that it would take 

about 6 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $85 per work-hour. Required 

parts would cost about $200 per 

product. Where the service information 

lists required parts costs that are 

covered under warranty, we have 

assumed that there will be no charge for 

these parts. As we do not control 

warranty coverage for affected parties, 

some parties may incur costs higher 

than estimated here. Based on these 

figures, we estimate the cost of the 

proposed AD on U.S. operators to be 

$37,630, or $710 per product. 

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 

We determined that this proposed AD 

would not have federalism implications 

under Executive Order 13132. This 

proposed AD would 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 this proposed regulation: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. Is not a ‘‘significant rule’’ under the 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); and 

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. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this proposed AD and placed it in the 

AD docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 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: 

Airbus: Docket No. FAA–2012–0038; 

Directorate Identifier 2011–NM–209–AD. 

(a) Comments Due Date 

We must receive comments by March 23, 

2012. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Airbus Model A300 B4– 

601, B4–603, B4–620, and B4–622 airplanes, 

and Model A310–203, –204, –221, and –222 

airplanes; certificated in any category; all 

manufacturer serial numbers. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 28: Fuel. 

(e) Reason 

This AD was prompted by a report of a 

capacitive density condensator (cadensicon) 

coil overheating during testing. We are 

issuing this AD to detect and correct 

potential overheating of the cadensicon coil, 

which could create an ignition source inside 

a fuel tank, which, in combination with 

flammable fuel vapors, could result in a fuel 

tank explosion and consequent loss of the 

airplane. 

(f) Compliance 

You are responsible for having the actions 

required by this AD performed within the 

compliance times specified, unless the 

actions have already been done. 

(g) Actions 

Within 30 months after the effective date 

of this AD, inspect to determine whether any 

fuel quantity indication computer (FQIC) 

Type 1, having part number (P/N) SIC5054 or 

P/N SIC5051 (as applicable to the airplane 

model), is installed, in accordance with the 

Accomplishment Instructions of Airbus 

Mandatory Service Bulletin A300–28–6024, 

Revision 02, dated January 19, 2011; or 

Airbus Mandatory Service Bulletin A310–28– 

2039, Revision 01, dated January 19, 2011; as 

applicable. A review of airplane maintenance 

records is acceptable in lieu of this 

inspection if the part number of the FQIC can 

be conclusively determined from that review. 

If any FQIC Type 1 having P/N SIC5054 or 

P/N SIC5051 is installed, within 30 months 

after the effective date of this AD, replace the 

FQIC Type 1 with a FQIC Type 2 having 

P/N SIC5055, P/N SIC5076, P/N SIC5082, or 

P/N SIC5083 (as applicable to Model A310 

series airplanes) or with a FQIC Type 2 

having P/N SIC5077 (as applicable to Model 

A300 B4–600 series airplanes), and modify 

the associated wiring, in accordance with the 

Accomplishment Instructions of Airbus 

Mandatory Service Bulletin A300–28–6024, 

Revision 02, dated January 19, 2011; or 

Airbus Mandatory Service Bulletin A310–28– 

2039, Revision 01, dated January 19, 2011; as 

applicable. 

(h) Parts Installation 

As of the effective date of this AD, no 

person may install any FQIC Type 1 having 

P/N SIC5054 or P/N SIC5051, on any 

airplane. 

(i) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, Transport Airplane 

Directorate, 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 International Branch, send it to ATTN: 

Dan Rodina, Aerospace Engineer, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA, 1601 Lind 

Avenue SW., Renton, Washington 98057– 

3356; telephone (425) 227–2125; fax (425) 

227–1149. Information may be emailed to: 9– 

ANM–116–AMOC–REQUESTS@faa.gov. 

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. The AMOC 

approval letter must specifically reference 

this AD. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 


srobinson on DSK4SPTVN1PROD with PROPOSALS
6026 Federal Register / Vol. 77, No. 25 / Tuesday, February 7, 2012 / Proposed Rules 

(j) Related Information 

Refer to MCAI European Aviation Safety 

Agency Airworthiness Directive 2011–0186, 

dated September 23, 2011, and the service 

information specified in paragraphs (j)(1) and 

(j)(2) of this AD, for related information. 

(1) Airbus Mandatory Service Bulletin 

A300–28–6024, Revision 02, dated January 

19, 2011. 

(2) Airbus Mandatory Service Bulletin 

A310–28–2039, Revision 01, dated January 

19, 2011. 

Issued in Renton, Washington on January 

12, 2012. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–2678 Filed 2–6–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2011–1181; Airspace 

Docket No. 11–ANM–20] 

Proposed Amendment of Class E 

Airspace; Boise, ID 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

amend Class E airspace at Boise Air 

Terminal (Gowen Field), Boise, ID. 

Decommissioning of the Donnelly 

Tactical Air Navigation System 

(TACAN) has made this action 

necessary for the safety and 

management of Instrument Flight Rules 

(IFR) operations at the airport. This 

action also would adjust the geographic 

coordinates of the airport. 

DATES: Comments must be received on 

or before March 23, 2012. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590; telephone (202) 

366–9826. You must identify FAA 

Docket No. FAA–2011–1181; Airspace 

Docket No. 11–ANM–20, at the 

beginning of your comments. You may 

also submit comments through the 

Internet at http://www.regulations.gov. 

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: 

Comments Invited 

Interested parties are invited to 

participate in this proposed rulemaking 

by submitting such written data, views, 

or arguments, as they may desire. 

Comments that provide the factual basis 

supporting the views and suggestions 

presented are particularly helpful in 

developing reasoned regulatory 

decisions on the proposal. Comments 

are specifically invited on the overall 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects of the proposal. 

Communications should identify both 

docket numbers (FAA Docket No. FAA 

2011–1181 and Airspace Docket No. 11– 

ANM–20) and be submitted in triplicate 

to the Docket Management System (see 

ADDRESSES section for address and 

phone number). You may also submit 

comments through the Internet at 

http://www.regulations.gov. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this action must submit with those 

comments a self-addressed stamped 

postcard on which the following 

statement is made: ‘‘Comments to FAA 

Docket No. FAA–2011–1181 and 

Airspace Docket No. 11–ANM–20’’. The 

postcard will be date/time stamped and 

returned to the commenter. 

All communications received on or 

before the specified closing date for 

comments will be considered before 

taking action on the proposed rule. The 

proposal contained in this action may 

be changed in light of comments 

received. All comments submitted will 

be available for examination in the 

public docket both before and after the 

closing date for comments. A report 

summarizing each substantive public 

contact with FAA personnel concerned 

with this rulemaking will be filed in the 

docket. 

Availability of NPRMs 

An electronic copy of this document 

may be downloaded through the 

Internet at http://www.regulations.gov. 

Recently published rulemaking 

documents can also be accessed through 

the FAA’s web page at http:// 

www.faa.gov/airports_airtraffic/ 

air_traffic/publications/ 

airspace_amendments/. 

You may review the public docket 

containing the proposal, any comments 

received, and any final disposition in 

person in the Dockets Office (see the 

ADDRESSES section for the address and 

phone number) between 9 a.m. and 5 

p.m., Monday through Friday, except 

federal holidays. An informal docket 

may also be examined during normal 

business hours at the Northwest 

Mountain Regional Office of the Federal 

Aviation Administration, Air Traffic 

Organization, Western Service Center, 

Operations Support Group, 1601 Lind 

Avenue SW., Renton, WA 98057. 

Persons interested in being placed on 

a mailing list for future NPRMs should 

contact the FAA’s Office of Rulemaking, 

(202) 267–9677, for a copy of Advisory 

Circular No. 11–2A, Notice of Proposed 

Rulemaking Distribution System, which 

describes the application procedure. 

The Proposal 

The FAA is proposing an amendment 

to Title 14 Code of Federal Regulations 

(14 CFR) part 71 by amending Class E 

airspace extending upward from 700 

feet above the surface at Boise Air 

Terminal (Gowen Field), Boise, ID. 

Airspace reconfiguration is necessary 

due to the decommissioning of the 

Donnelly TACAN. The geographic 

coordinates of the airport would be 

adjusted in accordance with the FAA’s 

aeronautical database. Controlled 

airspace is necessary for the safety and 

management of IFR operations at the 

airport. 

Class E airspace designations are 

published in paragraph 6005, of FAA 

Order 7400.9V, dated August 9, 2011, 

and effective September 15, 2011, which 

is incorporated by reference in 14 CFR 

71.1. The Class E airspace designation 

listed in this document will be 

published subsequently in this Order. 

The FAA has determined this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. 

Therefore, this proposed 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 proposed rule, when 

promulgated, would 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, describes the authority for 

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 


srobinson on DSK4SPTVN1PROD with PROPOSALS