Federal Register / Vol. 75, No. 207 / Wednesday, October 27, 2010 / Proposed Rules 66009 

requirements for new Federal buildings 

and Federal buildings undergoing major 

renovations. The correction is necessary 

because the proposed rulemaking 

referenced the EA number as (DOE–EA– 

1463). The correct EA number in the 

NOPR should be (DOE/EA–1778). 

FOR FURTHER INFORMATION CONTACT: 

Margo Appel, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Program, EE–2J, 1000 

Independence Avenue, SW., 

Washington, DC 20585–0121, (202) 586– 

9495, e-mail: margo.appel@hq.doe.gov, 

or Ami Grace-Tardy, U.S. Department of 

Energy, Office of the General Counsel, 

Forrestal Building, GC–71, 1000 

Independence Avenue, SW., 

Washington, DC 20585, (202) 586–5709, 

e-mail: Ami.Grace-Tardy@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: The U.S. 

Department of Energy (DOE) published 

a notice of proposed rulemaking in the 

Federal Register on October 15, 2010 

(75 FR 63404), announcing a public 

meeting and seeking comments 

regarding the fossil fuel-generated 

energy consumption requirements for 

new Federal buildings and major 

renovations of Federal buildings. 

DOE prepared a draft EA for this 

rulemaking. The draft EA has been 

added to the docket for this rulemaking. 

The NOPR incorrectly referenced the EA 

Number as (DOE–EA–1463) on page 

63413, third column, fourth paragraph, 

third line. The correct EA number in the 

NOPR should be (DOE/EA–1778). 

For additional information regarding 

the NOPR and the public meeting, 

including detailed instructions for the 

submission of comments and access to 

the docket to read background 

documents or comments received, 

please refer to the October 15, 2010, 

notice (75 FR 63404). 

Issued in Washington, DC, on October 20, 

2010. 

Joseph Hagerman, 

Acting Program Manager, Building 

Technologies Program, Energy Efficiency and 

Renewable Energy. 

[FR Doc. 2010–27152 Filed 10–26–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–1186; Directorate 

Identifier 2009–CE–065–AD] 

RIN 2120–AA64 

Airworthiness Directives; Cessna 

Aircraft Company (Type Certificate 

Previously Held by Columbia Aircraft 

Manufacturing (Previously the Lancair 

Company)) Models LC40–550FG, 

LC41–550FG, and LC42–550FG 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Supplemental notice of 

proposed rulemaking (NPRM); 

reopening of comment period. 

SUMMARY: We are revising an earlier 

proposed airworthiness directive (AD) 

for the products listed above. That 

NPRM proposed to retain the inspection 

requirements of AD 2009–09–09 and 

add a terminating action for the 

repetitive inspection requirements. That 

NPRM resulted from the manufacturer 

developing a modification that, when 

incorporated, would terminate the 

repetitive inspections required by AD 

2009–09–09. Since we issued the earlier 

NPRM, the manufacturer revised the 

service information to include 

additional airplane serial numbers into 

the Effectivity section and revised the 

modification kit instructions. This 

action revises that NPRM by adding 

airplanes to the Applicability section 

and incorporating new service 

information. We are proposing this 

supplemental NPRM to retain the 

inspection requirements of AD 2009– 

09–09 and add a terminating action for 

the repetitive inspection requirements 

using the revised service information. 

Since these actions impose an 

additional burden over that proposed in 

the NPRM, we are reopening the 

comment period to allow the public the 

chance to comment on these proposed 

changes. 

DATES: We must receive comments on 

this supplemental NPRM by December 

13, 2010. 

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 Cessna Aircraft 

Company, Product Support, P.O. Box 

7706; Wichita, Kansas 67277; telephone: 

(316) 517–5800; fax: (316) 942–9006; 

Internet: http://www.cessna.com. You 

may review copies of the referenced 

service information at the FAA, Small 

Airplane Directorate, 901 Locust, 

Kansas City, Missouri 64106. For 

information on the availability of this 

material at the FAA, call 816–329–4148. 

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 proposed 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: Gary 

Park, Aerospace Engineer, Wichita 

Aircraft Certification Office, FAA, 1801 

Airport Road, Room 100, Wichita, 

Kansas 67209; telephone: (316) 946– 

4123; fax: (316) 946–4107; e-mail: 

gary.park@faa.gov. 

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–2009–1186; Directorate Identifier 

2009–CE–065–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 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 proposed AD. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
66010 Federal Register / Vol. 75, No. 207 / Wednesday, October 27, 2010 / Proposed Rules 

Discussion 

We issued an NPRM to amend 14 CFR 

part 39 to include an airworthiness 

directive (AD) that would apply to 

certain Cessna Aircraft Company 

(Cessna) Models LC40–550FG, LC41– 

550FG, and LC42–550FG airplanes. That 

NPRM was published in the Federal 

Register on December 17, 2009 (74 FR 

66927). That NPRM proposed to 

supersede AD 2009–09–09 (74 FR 

19873, April 30, 2009) with a new AD 

that would retain the inspection 

requirements of AD 2009–09–09 and 

add a terminating action for the 

repetitive inspection requirements. 

Actions Since Previous NPRM Was 

Issued 

Since we issued the previous NPRM, 

the manufacturer revised the service 

information to include additional 

airplane serial numbers into the 

Effectivity section and revised the 

modification kit instructions. 

Comments 

We gave the public the opportunity to 

comment on the original NPRM. We 

received no comments on that NPRM or 

on the determination of the cost to the 

public. 

FAA’s Determination 

We are proposing this supplemental 

NPRM 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 same type 

design. Certain changes described above 

expand the scope of the original NPRM. 

As a result, we have determined that it 

is necessary to reopen the comment 

period to provide additional 

opportunity for the public to comment 

on this supplemental NPRM. 

Proposed Requirements of the 

Supplemental NPRM 

This supplemental NPRM would 

require retaining the inspection 

requirements of AD 2009–09–09 and 

adding a terminating action for the 

repetitive inspection requirements using 

the revised service information. 

Cessna has issued Single Engine 

Service Bulletin SB09–27–01, Revision 

3, dated July 20, 2010, which describes 

procedures for repetitively inspecting 

the rudder hinges and the rudder hinge 

brackets for damage, i.e., cracking, 

deformation, and discoloration. The 

service information also describes 

procedures for incorporating Cessna 

Single Engine Modification Kit MK400– 

07–01A, dated July 20, 2010, which 

when incorporated, will terminate the 

required repetitive inspections. 

Costs of Compliance 

We estimate that this proposed AD 

affects 790 airplanes of U.S. registry. We 

estimate the following costs to comply 

with this proposed AD: 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per product Cost on U.S. operators 

Inspecting the rudder hinges and 

rudder hinge brackets for damage 

with rudder removed (affects 570 

airplanes).

1.5 work-hours × $85 

per hour = $127.50 

per inspection cycle.

Not applicable ............... $127.50 per inspection 

cycle.

$72,675 per inspection 

cycle. 

Inspecting the rudder hinges and 

rudder hinge brackets for damage 

without rudder removed (affects 

570 airplanes).

.5 work-hour × $85 per 

hour = $42.50 per inspection cycle.

Not applicable ............... $42.50 per inspection 

cycle.

$24,225 per inspection 

cycle. 

Incorporating the modification kit for 

Models LC40–550FG and LC42– 

550FG airplanes (affects 247 airplanes).

1 work-hour × $85 per 

hour = $85.

$739 .............................. $824 .............................. $203,528. 

Incorporating the modification kit for 

Model LC41–550FG airplanes (affects 523 airplanes).

1 work-hour × $85 per 

hour = $85.

$848 .............................. $933 .............................. $487,959. 

Inspecting the rudder hinge and the 

rudder brackets attachment hardware for correct thread engagement (affects 20 airplanes).

.5 work-hour × $85 per 

hour = $42.50.

Not applicable ............... $42.50 ........................... $850. 

Inspecting the rudder travel (affects 

20 airplanes).

1 work-hour × $85 per 

hour = $85.

Not applicable ............... $85 ................................ $1,700. 

We estimate the following costs to do 

any necessary repairs that would be 

required based on the results of the 

proposed inspection of the rudder hinge 

and the rudder brackets attachment 

hardware for correct thread engagement 

and the rudder travel. We have no way 

of determining the number of aircraft 

that might need these repairs: 

ON-CONDITION COSTS

Action Labor cost Parts cost Cost per 

product 

Repair the rudder hinge and the rudder brackets attachment hardware thread engagement (could affect 20 airplanes)..5 work-hour × $85 per hour = $42.50 ........... $14 $56.50 

Repair the rudder travel (could affect 20 airplanes) ........................... .5 work-hour × $85 per hour = $42.50 ........... 14 56.50 

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. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 207 / Wednesday, October 27, 2010 / Proposed Rules 66011 

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), 

(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. 

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 airworthiness 

directive (AD): 

Cessna Aircraft Company (Type Certificate 

Previously Held by Columbia Aircraft 

Manufacturing (Previously The Lancair 

Company)): Docket No. FAA–2009–1186; 

Directorate Identifier 2009–CE–065–AD. 

Comments Due Date 

(a) We must receive comments by 

December 13, 2010. 

Affected ADs 

(b) This AD supersedes AD 2009–09–09, 

Amendment 39–15895. 

Applicability 

(c) This AD applies to the following Cessna 

Aircraft Company (type certificate previously 

held by Columbia Aircraft Manufacturing 

(previously The Lancair Company)) airplane 

models and serial numbers that are 

certificated in any category: 

GROUP 1 AIRPLANES

Model Serial Nos. 

LC40–550FG (300) .............. 40001, 40002, and 40004 through 40079. 

LC41–550FG (400) .............. 41001 through 41569, 41571 through 41800, 411001 through 411087, 411089 through 411110, 411112 through 

411138, 411140, 411142, and 411147. 

LC42–550FG (350) .............. 42001 through 42009, 42011 through 42558, 42560 through 42569, 421001 through 421013, 421015 through 

421017, and 421019. 

GROUP 2 AIRPLANES

Model Serial Nos. 

LC41–550FG (400) .............. 41570, 411088, 411111, 411139, 411141, 411143 through 411146, and 411148 through 411153. 

LC42–550FG (350) .............. 42010, 42559, 421014, 421018, and 421020. 

Subject 

(d) Joint Aircraft System Component 

(JASC)/Air Transport Association (ATA) of 

America Code 55, Stabilizers. 

Unsafe Condition 

(e) This AD is the result of reports received 

of a cracked lower rudder hinge bracket on 

two of the affected airplanes. We are issuing 

this AD to detect and correct damage, i.e., 

cracking, deformation, and discoloration, in 

the rudder hinges and the rudder hinge 

brackets, which could result in failure of the 

rudder. This failure could lead to loss of 

control. 

Compliance 

(f) To address this problem, you must do 

the following, unless already done: 

(1) For Group 1 airplanes specified in 

paragraph (c) of this AD: Using the 

compliance times specified in table 1 of this 

AD, inspect the rudder hinges and rudder 

hinge brackets for damage, i.e., cracking, 

deformation, and discoloration. Do the 

inspections following Cessna Single Engine 

Service Bulletin SB09–27–01, dated April 13, 

2009; Cessna Single Engine Service Bulletin 

SB09–27–01, Revision 2, dated November 23, 

2009; or Cessna Single Engine Service 

Bulletin SB09–27–01, Revision 3, dated July 

20, 2010. 

TABLE 1—INSPECTION COMPLIANCE TIMES

Condition Initially inspect . . . Repetitively inspect . . . 

(i) For airplanes with 25 hours time-in-service 

(TIS) or more as of May 11, 2009 (the effective date of AD 2009–09–09): 

With the rudder removed and using 10× visual 

magnification, inspect all three rudder 

hinges and rudder hinge brackets at whichever of the following occurs first: 

Thereafter inspect as follows until the modification required in paragraph (f)(5) of this 

AD is done: 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
66012 Federal Register / Vol. 75, No. 207 / Wednesday, October 27, 2010 / Proposed Rules 

TABLE 1—INSPECTION COMPLIANCE TIMES—Continued 

Condition Initially inspect . . . Repetitively inspect . . . 

(A) Within the next 10 hours TIS after May 

11, 2009 (the effective date of AD 2009– 

09–09); or 

(A) Every 25 hours TIS or 3 months, whichever occurs first, without removing the rudder, visually inspect all three rudder hinges 

and rudder hinge brackets; and 

(B) Within the next 30 days after May 11, 

2009 (the effective date of AD 009–09–09).

(B) Every 50 hours TIS or 6 months, whichever occurs first, with the rudder removed 

and using 10× visual magnification, inspect 

all three rudder hinges and rudder hinge 

brackets. 

(ii) For airplanes with less than 25 hours TIS as 

of May 11, 2009 (the effective date of AD 

2009–09–09): 

Without removing the rudder, visually inspect 

all three rudder hinges and rudder hinge 

brackets, at whichever of the following occurs later: 

Thereafter inspect as follows until the modification required in paragraph (f)(5) of this 

AD is done: 

(A) Upon accumulating 25 hours TIS; or ......... (A) Every 25 hours TIS or 3 months, whichever occurs first, without removing the rudder, visually inspect all three rudder hinges 

and rudder hinge brackets; and 

(B) Within the next 10 hours TIS after May 

11, 2009 (the effective date of AD 2009– 

09–09).

(B) Every 50 hours TIS or 6 months, whichever occurs first, with the rudder removed 

and using 10× visual magnification, inspect 

all three rudder hinges and rudder hinge 

brackets. 

(2) For Group 1 airplanes specified in 

paragraph (c) of this AD: Before further flight 

after any inspection required in paragraphs 

(f)(1)(i) or (f)(1)(ii) of this AD in which 

damage is found on any of the rudder hinges 

and/or rudder hinge brackets, incorporate 

Cessna Single Engine Modification Kit 

MK400–27–01, dated November 23, 2009; or 

Cessna Single Engine Modification Kit 

MK400–27–01A dated July 20, 2010, as 

specified in Cessna Single Engine Service 

Bulletin SB09–27–01, Revision 2, dated 

November 23, 2009; and Cessna Single 

Engine Service Bulletin SB09–27–01, 

Revision 3, dated July 20, 2010. Incorporating 

either Modification Kit MK400–27–01 or 

Modification Kit MK400–27–01A, terminates 

the repetitive inspections required in 

paragraphs (f)(1)(i) and (f)(1)(ii) of this AD. 

(3) For Group 1 airplanes specified in 

paragraph (c) of this AD: If the repetitive 

inspections required in paragraphs (f)(1)(i) 

and (f)(1)(ii) of this AD become due at the 

same time, credit for both inspections will be 

given by doing the rudder removal and 10× 

visual inspection. 

(4) For Group 1 airplanes specified in 

paragraph (c) of this AD: Within the next 24 

months after the effective date of this AD, 

incorporate Cessna Single Engine 

Modification Kit MK400–27–01, dated 

November 23, 2009; or Cessna Single Engine 

Modification Kit MK400–27–01A, dated July 

20, 2010, as specified in Cessna Single 

Engine Service Bulletin SB09–27–01, 

Revision 2, dated November 23, 2009; and 

Cessna Single Engine Service Bulletin SB09– 

27–01, Revision 3, dated July 20, 2010, 

unless already done as specified in paragraph 

(f)(2) of this AD. Incorporating either 

Modification Kit MK400–27–01 or 

Modification Kit MK400–27–01A, terminates 

the repetitive inspections required in 

paragraphs (f)(1)(i) and (f)(1)(ii) of this AD. 

(5) For Group 1 airplanes specified in 

paragraph (c) of this AD: At any time after 

the initial inspections required in paragraphs 

(f)(1)(i) and (f)(1)(ii) of this AD, as long as no 

damage is found, and no later than the 

compliance time specified in paragraph (f)(4) 

of this AD, you may incorporate Cessna 

Single Engine Modification Kit MK400–27– 

01, dated November 23, 2009; or Cessna 

Single Engine Modification Kit MK400–27– 

01A, dated July 20, 2010, as specified in 

Cessna Single Engine Service Bulletin SB09– 

27–01, Revision 2, dated November 23, 2009; 

and Cessna Single Engine Service Bulletin 

SB09–27–01, Revision 3, dated July 20, 2010, 

to terminate the repetitive inspections 

required in paragraphs (f)(1)(i) and (f)(1)(ii) of 

this AD. 

(6) For any Group 1 airplane with Cessna 

Single Engine Service Bulletin SB09–27–01, 

Revision 1, dated August 31, 2009, already 

incorporated and for all Group 2 airplanes: 

Within the next 30 days after the effective 

date of this AD, inspect for proper rudder 

hinge and rudder bracket hardware thread 

engagement and inspect the rudder travel. Do 

these inspections following the 

Accomplishment Instructions in Cessna 

Single Engine Modification Kit MK400–27– 

01, dated November 23, 2009; or the 

Accomplishment Instructions in Cessna 

Single Engine Modification Kit MK400–27– 

01A, dated July 20, 2010. 

(i) Before further flight after the inspection 

required in paragraph (f)(6) of this AD, if any 

discrepancies are found in the rudder hinge 

or rudder bracket hardware, replace the 

affected hardware. Do the replacements 

following the Accomplishment Instructions 

in Cessna Single Engine Modification Kit 

MK400–27–01, dated November 23, 2009; or 

the Accomplishment Instructions in Cessna 

Single Engine Modification Kit MK400–27– 

01A, dated July 20, 2010. 

(ii) Before further flight after the inspection 

required in paragraph (f)(6) of this AD, if the 

rudder travel is outside the limits specified 

in the Accomplishment Instructions in 

Cessna Single Engine Modification Kit 

MK400–27–01, dated November 23, 2009; or 

the Accomplishment Instructions in Cessna 

Single Engine Modification Kit MK400–27– 

01A, dated July 20, 2010, reinstall the rudder 

following the Accomplishment Instructions 

in either Cessna Single Engine Modification 

Kit MK400–27–01, dated November 23, 2009; 

or Cessna Single Engine Modification Kit 

MK400–27–01A, dated July 20, 2010. 

(iii) After the inspection and any necessary 

corrective actions required in paragraphs 

(f)(6), (f)(6)(i), and (f)(6)(ii) of this AD, no 

further action is required. 

Credit for Actions Accomplished in 

Accordance With Previous Service 

Information 

(g) For all airplanes specified in paragraph 

(c) of this AD: As of the effective date of this 

AD, if Cessna Single Engine Service Bulletin 

SB09–27–01, Revision 2, dated November 23, 

2009, has been already been incorporated, no 

further action is required. 

Alternative Methods of Compliance 

(AMOCs) 

(h)(1) The Manager, Wichita Aircraft 

Certification Office (ACO), FAA, has the 

authority to approve AMOCs for this AD, if 

requested using the procedures found in 14 

CFR 39.19. In accordance with 14 CFR 39.19, 

send your request to your principal inspector 

or local Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the ACO, send it to the 

attention of the person identified in the 

Related Information section of this AD. 

(2) Before using any approved AMOC, 

notify your Principal Maintenance Inspector 

or Principal Avionics Inspector, as 

appropriate, or lacking a principal inspector, 

your local Flight Standards District Office. 

(3) AMOCs approved for AD 2009–09–09 

are approved for this AD. 

Related Information 

(i) For more information about this AD, 

contact Gary Park, Aerospace Engineer, 

Wichita ACO, FAA, 1801 Airport Road, 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 207 / Wednesday, October 27, 2010 / Proposed Rules 66013 

Room 100, Wichita, Kansas 67209; telephone: 

(316) 946–4123; fax: (316) 946–4107; e-mail: 

gary.park@faa.gov. 

(j) For service information identified in this 

AD, contact Cessna Aircraft Company, 

Product Support, P.O. Box 7706; Wichita, 

Kansas 67277; telephone: (316) 517–5800; 

fax: (316) 942–9006; Internet: http:// 

www.cessna.com. You may review copies of 

the referenced service information at the 

FAA, Small Airplane Directorate, 901 Locust, 

Kansas City, Missouri 64106. For information 

on the availability of this material at the 

FAA, call 816–329–4148. 

Issued in Kansas City, Missouri, on 

October 21, 2010. 

Christina L. Marsh, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–27212 Filed 10–26–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2010–0843; Airspace 

Docket No. 10–ASW–12] 

Proposed Amendment of Class E 

Airspace; Horseshoe Bay, TX 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

amend Class E airspace at Horseshoe 

Bay, TX. Decommissioning of the 

Horseshoe Bay Resort non-directional 

beacon (NDB) at Horseshoe Bay Resort 

Airport, Horseshoe Bay, TX, has made 

this action necessary for the safety and 

management of Instrument Flight Rules 

(IFR) operations at the airport. 

DATES: 0901 UTC. Comments must be 

received on or before December 13, 

2010. 

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– 

0843/Airspace Docket No. 10–ASW–12, 

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–2010–0843/Airspace 

Docket No. 10–ASW–12.’’ 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 modifying Class E 

airspace extending upward from 700 

feet above the surface for standard 

instrument approach procedures at 

Horseshoe Bay Resort Airport, 

Horseshoe Bay, TX. Airspace 

reconfiguration is necessary due to the 

decommissioning of the Horseshoe Bay 

Resort NDB and the cancellation of the 

NDB approach. This action would also 

reflect the name change of the airport 

from Horseshoe Bay Airpark to 

Horseshoe Bay Resort Airport. 

Controlled airspace is necessary for the 

safety and management of IFR 

operations at the airport. 

Class E airspace areas are published 

in Paragraph 6005 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 E 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 modify controlled 

airspace at Horseshoe Bay Resort 

Airport, Horseshoe Bay, TX. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS