This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

28683 

Vol. 76, No. 96 

Wednesday, May 18, 2011 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–27715; Directorate 

Identifier 2006–NM–140–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A330 and A340 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Proposed rule; withdrawal. 

SUMMARY: The FAA withdraws a second 

supplemental NPRM for an 

airworthiness directive (AD) that 

applies to all Airbus Model A330–200, 

A330–300, A340–200, and A340–300 

series airplanes; and Model A340–541 

and A340–642 airplanes. That second 

supplemental NPRM proposed to revise 

the Airworthiness Limitations Section 

(ALS), for all affected airplanes, by 

adding new Airworthiness Limitations 

Items (ALIs) to incorporate service life 

limits for certain items and inspections 

to detect fatigue cracking, accidental 

damage or corrosion in certain 

structures, in accordance with the 

revised ALS of the Instructions for 

Continued Airworthiness. Since the 

second supplemental NPRM was issued, 

we have published new NPRMs to 

propose to mandate the most recent 

airworthiness limitations for Model 

A330–200 and –300 series airplanes; 

and new ADs to mandate the most 

recent airworthiness limitations for 

Model A340–200 and –300 series 

airplanes; and Model A340–541 and 

–642 airplanes. Accordingly, the 

proposed AD is withdrawn. 

ADDRESSES: 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 (telephone 800–647–5527) 

is the 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: 

Vladimir Ulyanov, Aerospace Engineer 

International Branch, ANM–116, FAA, 

International Branch, Transport 

Airplane Directorate, 1601 Lind 

Avenue, SW., Renton, Washington 

98057–3356; telephone (425) 227–1138; 

fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We proposed to amend part 39 of the 

Federal Aviation Regulations (14 CFR 

part 39) with a second supplemental 

notice of proposed rulemaking (NPRM) 

for a new AD for all Airbus Model 

A330–200, A330–300, A340–200, and 

A340–300 series airplanes; and Model 

A340–541 and A340–642 airplanes. 

That second supplemental NPRM was 

published in the Federal Register on 

June 26, 2008 (73 FR 36288). That 

second supplemental NPRM would 

have required revising the 

Airworthiness Limitations section 

(ALS), for all affected airplanes, by 

adding new Airworthiness Limitations 

Items to incorporate service life limits 

for certain items and inspections to 

detect fatigue cracking, accidental 

damage or corrosion in certain 

structures, in accordance with the 

revised ALS of the Instructions for 

Continued Airworthiness. That second 

supplemental NPRM was prompted by 

the issuance of new and more restrictive 

service life limits and structural 

inspections based on fatigue testing and 

in-service findings. The proposed 

actions were intended to detect and 

correct fatigue cracking, accidental 

damage, or corrosion in principal 

structural elements, and to prevent 

failure of certain life-limited parts, 

which could result in reduced structural 

integrity of the airplane. 

Actions Since Second Supplemental 

NPRM Was Issued 

Since the second supplemental NPRM 

was issued, we have published new 

NPRMs to propose to mandate the most 

recent airworthiness limitations for 

Model A330–200 and –300 series 

airplanes; and new ADs to mandate the 

most recent airworthiness limitations 

for Model A340–200 and –300 series 

airplanes; and Model A340–541 and 

–642 airplanes, as follows: 

• NPRM 2010–NM–210–AD was 

published on March 22, 2011 (76 FR 

15867) for Model A330–200 and –300 

series airplanes. That NPRM proposes to 

revise the airplane maintenance 

program by incorporating ‘‘A330 

Airworthiness Limitation Items,’’ Issue 

17. 

• NPRM 2010–NM–211–AD was 

published on March 22, 2011 (76 FR 

15872) for Model A330–200 and –300 

series airplanes. That NPRM proposes to 

revise the maintenance program by 

incorporating Airbus A330 ALS Part 1, 

‘‘Safe Life Airworthiness Limitation 

Items,’’ Revision 05. 

• AD 2011–04–05, Amendment 39– 

16605 was published on February 15, 

2011 (76 FR 8612) for Model A340–200, 

–300, –500, and –600 series airplanes. 

That AD requires revising the 

maintenance program by incorporating 

Airbus A340 ALS Part 1—Safe Life 

Airworthiness Limitation Items, 

Revision 05. 

• AD 2011–04–06, Amendment 39– 

16606 was published on February 15, 

2011 (76 FR 8610) for Model A340–200, 

–300, –500, and –600 series airplanes. 

That AD requires revising the 

maintenance program by incorporating 

Airbus A340 Airworthiness Limitation 

Items, Issue 11. 

FAA’s Conclusions 

Upon further consideration, we have 

determined that the actions required by 

the second supplemental NPRM are 

required by other ADs that were 

published after issuance of the second 

supplemental NPRM. Accordingly, the 

supplemental NPRM is withdrawn. 

Withdrawal of the second 

supplemental NPRM does not preclude 

the FAA from issuing another related 

action or commit the FAA to any course 

of action in the future. 

Regulatory Impact 

Since this action only withdraws a 

supplemental NPRM, it is neither a 

proposed nor a final rule and therefore 

is not covered under Executive Order 

12866, the Regulatory Flexibility Act, or 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979). 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
28684 Federal Register / Vol. 76, No. 96 / Wednesday, May 18, 2011 / Proposed Rules 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Withdrawal 

Accordingly, we withdraw the second 

supplemental NPRM, Docket No. FAA– 

2007–27715; Directorate Identifier 

2006–NM–140–AD, which was 

published in the Federal Register on 

June 26, 2008 (73 FR 36288). 

Issued in Renton, Washington, on May 6, 

2011. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2011–12165 Filed 5–17–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2010–1327; Airspace 

Docket No. 10–ASW–19] 

Proposed Amendment of Class D 

Airspace; Denton, TX 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

amend Class D airspace at Denton, TX. 

Additional controlled airspace is 

necessary to accommodate new 

Standard Instrument Approach 

Procedures at Denton Municipal 

Airport. The FAA is taking this action 

to enhance the safety and management 

of Instrument Flight Rules (IFR) 

operations at the airport. 

DATES: 0901 UTC. Comments must be 

received on or before July 5, 2011. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. You must 

identify the docket number FAA–2010– 

1327/Airspace Docket No. 10–ASW–19, 

at the beginning of your comments. You 

may also submit comments through the 

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

You may review the public docket 

containing the proposal, any comments 

received, and any final disposition in 

person in the Dockets Office between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The 

Docket Office (telephone 1–800–647– 

5527), is on the ground floor of the 

building at the above address. 

FOR FURTHER INFORMATION CONTACT: 

Scott Enander, Central Service Center, 

Operations Support Group, Federal 

Aviation Administration, Southwest 

Region, 2601 Meacham Blvd., Fort 

Worth, TX 76137; telephone: (817) 321– 

7716. 

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 and be submitted in 

triplicate to the address listed above. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this notice must submit with those 

comments a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket No. FAA–2010–1327/Airspace 

Docket No. 10–ASW–19.’’ The postcard 

will be date/time stamped and returned 

to the commenter. 

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 

ADDRESSES section for 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 office of the 

Central Service Center, 2601 Meacham 

Blvd., Fort Worth, TX 76137. 

Persons interested in being placed on 

a mailing list for future NPRMs should 

contact the FAA’s Office of Rulemaking 

(202) 267–9677, to request a copy of 

Advisory Circular No. 11–2A, Notice of 

Proposed Rulemaking Distribution 

System, which describes the application 

procedure. 

The Proposal 

This action proposes to amend Title 

14, Code of Federal Regulations (14 

CFR), part 71 by amending Class D 

airspace extending upward from the 

surface up to but not including 2,500 

feet for standard instrument approach 

procedures at Denton Municipal 

Airport, Denton, TX. Controlled 

airspace is needed for the safety and 

management of IFR operations at the 

airport. 

Class D airspace areas are published 

in Paragraph 5000 of FAA Order 

7400.9U, dated August 18, 2010 and 

effective September 15, 2010, which is 

incorporated by reference in 14 CFR 

71.1. The Class D airspace designation 

listed in this document would be 

published subsequently in the Order. 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. It, 

therefore, (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 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 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 would amend controlled 

airspace at Denton Municipal Airport, 

Denton, TX. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1