Federal Register / Vol. 76, No. 210 / Monday, October 31, 2011 / Rules and Regulations 67051 

signed by a broad cross-section of 

industry participants. 

IV. National Environmental Policy Act 

Pursuant to the National 

Environmental Policy Act and the 

requirements of 42 U.S.C. 

6295(o)(2)(B)(i)(VI), DOE prepared an 

environmental assessment (EA) of the 

impacts of the standards for residential 

furnaces, central air conditioners, and 

heat pumps in the direct final rule, 

which was included as chapter 15 of the 

direct final rule TSD. DOE found that 

the environmental effects associated 

with the standards for furnaces and 

central air conditioners and heat pumps 

were not significant. Therefore, after 

consideration of the comments received 

on the direct final rule, DOE issued a 

Finding of No Significant Impact 

(FONSI) pursuant to NEPA, the 

regulations of the Council on 

Environmental Quality (40 CFR parts 

1500–1508), and DOE’s regulations for 

compliance with NEPA (10 CFR part 

1021). The FONSI is available in the 

docket for this rulemaking at http:// 

www.regulations.gov. 

V. Conclusion 

In summary, based on the discussion 

above, DOE has determined that the 

comments received in response to the 

direct final rule for amended energy 

conservation standards for residential 

furnaces, central air conditioners, and 

heat pumps do not provide a reasonable 

basis for withdrawal of the direct final 

rule. As a result, the amended energy 

conservation standards set forth in the 

direct final rule become effective on 

October 25, 2011. Compliance with 

these standards is required on May 1, 

2013 for non-weatherized gas and oilfired furnaces and mobile home gas 

furnaces and on January 1, 2015 for 

weatherized gas furnaces and central air 

conditioners and heat pumps. 

Issued in Washington, DC, on October 24, 

2011. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

U.S. Department of Justice 

Antitrust Division 

Sharis A. Pozen, 

Acting Assistant Attorney General, 

RFK Main Justice Building, 

950 Pennsylvania Avenue, NW., 

Washington, DC 20530–0001, 

(202) 514–24011 (202) 616–2645 (Fax) 

August 25, 2011 

Mr. Eric Fygi, Deputy General Counsel, 

Department of Energy, Washington, DC 

20585 

Dear Deputy General Counsel Fygi: I am 

responding to your June 27, 2011 letter 

seeking the views of the Attorney General 

about the potential impact on competition of 

proposed energy conservation standards for 

residential furnaces, central air conditioners, 

and heat pumps. Your request was submitted 

under Section 325(o)(2)(B)(i)(V) of the Energy 

Policy and Conservation Act, as amended 

(ECPA), 42 U.S.C. 6295(o)(2)(B)(i)(5) and 42 

U.S.C. 6316(a), which requires the Attorney 

General to make a determination of the 

impact of any lessening of competition that 

is likely to result from the imposition of 

proposed energy conservation standards. The 

Attorney General’s responsibility for 

responding to requests from other 

departments about the effect of a program on 

competition has been delegated to the 

Assistant Attorney General for the Antitrust 

Division in 28 CFR 0.40(g). 

In conducting its analysis the Antitrust 

Division examines whether a proposed 

standard may lessen competition, for 

example, by substantially limiting consumer 

choice, by placing certain manufacturers at 

an unjustified competitive disadvantage, or 

by inducing avoidable inefficiencies in 

production or distribution of particular 

products. A lessening of competition could 

result in higher prices to consumers, and 

perhaps thwart the intent of the revised 

standards by inducing substitution to less 

efficient products. 

We have reviewed the proposed standards 

contained in the Direct Final Rule (76 Fed. 

Reg. 37408, June 27, 2011). We have also 

reviewed supplementary information 

submitted to the Attorney General by the 

Department of Energy. Based on this review, 

our conclusion is that the proposed energy 

conservation standards for residential 

furnaces, residential central air conditioners 

and heat pumps are unlikely to have a 

significant adverse impact on competition. In 

reaching our conclusion, we note that these 

proposed energy standards were adopted 

from a Consensus Agreement signed by a 

broad cross-section of industry participants. 

Sincerely, 

Sharis A. Pozen 

[FR Doc. 2011–28146 Filed 10–28–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–1041; Directorate 

Identifier 2010–SW–109–AD; Amendment 

39–16821; AD 2010–26–52] 

RIN 2120–AA64 

Airworthiness Directives; Bell 

Helicopter Textron, Inc. Model 204B, 

205A, 205A–1, 205B, 210, 212, 412, 

412CF, 412EP Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are publishing in the 

Federal Register an amendment which 

was sent previously to all known U.S. 

owners and operators that supersedes an 

existing airworthiness directive (AD) for 

the specified Bell Helicopter Textron, 

Inc. (BHT) Model helicopters with 

certain tail rotor blades (blades). The 

superseded AD requires, before further 

flight, replacing certain blades with 

airworthy blades. This AD retains the 

requirements of the superseded AD but 

adds new blade part numbers (P/Ns) 

and serial numbers (S/Ns) to the 

applicability. This AD was prompted by 

another incident in which the blade tip 

weight separated from a blade during 

flight, causing vibration. This incident 

led to the determination that additional 

blades could be affected, and should be 

added to the applicability. We are 

issuing this AD to prevent loss of the 

blade tip weight, loss of a blade, and 

subsequent loss of control of the 

helicopter. 

DATES: This AD is effective November 

15, 2011 to all persons except those 

persons to whom it was made 

immediately effective by Emergency AD 

2010–26–52, issued on December 10, 

2010, which contained the requirements 

of this amendment. 

We must receive comments on this 

AD by December 30, 2011. 

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: Deliver to Mail 

address above between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this AD, contact Bell Helicopter 

Textron, Inc., P.O. Box 482, Fort Worth, 

TX 76101, telephone (817) 280–3391, 

fax (817) 280–6466, or at http:// 

www.bellcustomer.com/files/. 

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 AD, the regulatory 

evaluation, any comments received, and 

other information. The street address for 

the Docket Operations Office 

(telephone: 1 (800) 647–5527) is in the 

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67052 Federal Register / Vol. 76, No. 210 / Monday, October 31, 2011 / Rules and Regulations 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

You may review copies of the 

referenced service information at the 

FAA, Office of the Regional Counsel, 

Southwest Region, 2601 Meacham 

Blvd., Room 663, Fort Worth, Texas 

during normal business hours. 

FOR FURTHER INFORMATION CONTACT: 

Martin R. Crane, Aerospace Engineer, 

FAA, Rotorcraft Directorate, Rotorcraft 

Certification Office, 2601 Meacham 

Blvd., Fort Worth, Texas 76137; 

telephone (817) 222–5170; fax (817) 

222–5783; email: 7-AVS-ASW170@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We are publishing in the Federal 

Register an amendment adopting 

Emergency AD 2010–26–52, issued 

December 10, 2010 (EAD 2010–26–52), 

which was sent to all known owners 

and operators of BHT Model 204B, 

205A, 205A–1, 205B, 210, 212, 412, 

412CF, and 412EP helicopters with 

certain blades installed. EAD 2010–26– 

52 supersedes AD 2007–19–53, 

Amendment 39–15265 (72 FR 65224, 

November 20, 2007) issued October 31, 

2007 (AD 2007–19–53). AD 2007–19–53 

required, before further flight, replacing 

certain blades with airworthy blades. 

That action was prompted by three 

reports of blade tip weights being slung 

from the blades during flights, causing 

significant vibration. We issued AD 

2007–19–53 on a limited number of 

blades to address this unsafe condition, 

which could result in the loss of the 

blade tip weight, loss of a blade, and 

subsequent loss of control of the 

helicopter. 

Actions Since AD was Issued 

Since we issued AD 2007–19–53, 

another incident occurred in which the 

blade tip weight separated from a blade 

during flight, causing vibration. This 

incident led to the determination that 

additional blades could be affected and 

these blade numbers should be added to 

the applicability section of the AD. We 

issued superseding EAD 2010–26–52 

which retains the same requirements of 

AD 2007–19–53, but adds new blade P/ 

Ns and S/Ns to the applicability. 

Relevant Service Information 

We have reviewed the following 

revised BHT Alert Service Bulletins 

(ASBs), all dated November 22, 2010 

except for ASB No. 204–07–61. Each 

ASB contains a Rotor Blades Inc. (RBI) 

letter that adds blade P/Ns and S/Ns to 

the RBI list. 

• No. 204–07–61, Revision A, dated 

September 19, 2007, for Model 204 

helicopters; 

• No. 205–07–95, Revision B, for 

Model 205 helicopters; 

• No. 205B–07–46, Revision B, for 

Model 205B helicopters; 

• No. 212–07–125, Revision B, for 

Model 212 helicopters; 

• No. 412CF–07–30, Revision B, for 

Model 412CF helicopters; 

• No. 412–07–123, Revision B, for 

Model 412 and 412EP helicopters. 

FAA’s Determination 

We are issuing this AD because we 

evaluated all relevant information and 

determined the unsafe condition 

described previously is likely to exist or 

develop on other helicopters of the same 

type designs. We have also determined 

that Emergency AD 2010–26–52 

contained an incorrect Alert Service 

Bulletin (ASB) number for the Model 

412CF helicopters in the preamble 

discussion. Therefore, we are making a 

change to this AD to correct the ASB 

number. We have also made other minor 

editorial changes to this AD, including 

reorganizing the Applicability table. We 

have determined that these changes do 

not increase the economic burden on 

any AD operator nor do they increase 

the scope of the AD. 

AD Requirements 

This AD requires, before further flight, 

unless already accomplished, replacing 

any affected blade with an airworthy 

blade. An airworthy blade is one that 

has a P/N and S/N not included in the 

Applicability section of this AD. 

Affected blades are those having a P/N 

and S/N as follows: 

Part No. Serial No. 

204–011–702–015 .............. AFS–12703, AFS–12893, AFS–23525, or AFS–23573. 

204–011–702–121 .............. A–22020. 

212–010–750–105 .............. *A–11923. 

212–010–750–105FM ........ A–10090, A–10836, *A–10857, A–11207, A–11332, *A–11617, *A–11828, *A–12043, or *A–12091. 

212–010–750–113 .............. A–14953, A–15090, or CS–12702. 

212–010–750–113FM ........ A–12240, *A–12286, A–12296, *A–12398, A–12640, A–12670, A–12789, A–13033, *A–13088, A–13096, *A– 

13106, A–13134, A–13199, A–13264, A–13366, or *A–13539. 

212–010–750–133 .............. A–15602. 

The * indicates the newly added serial-numbered blades. 

FAA’s Justification and Determination 

of the Effective Date 

An unsafe condition exists that 

requires the immediate adoption of this 

AD. The short compliance time of before 

further flight justifies waiving notice 

and comment prior to adoption of this 

rule because the unsafe condition 

described previously is likely to exist or 

develop on other helicopters of the same 

type designs. 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–2011–1041 and Directorate 

Identifier 2010–SW–109–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 265 

helicopters of U.S. registry. We estimate 

the following costs to comply with this 

AD: 

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Federal Register / Vol. 76, No. 210 / Monday, October 31, 2011 / Rules and Regulations 67053 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per 

helicopter 

Cost on U.S. 

operators 

Inspect for S/N affectivity ................................ 2.0 hrs × $85 hr = $170 ................................. $ 0 $170 $45,050 

Remove and replace blade ............................. 6.0 hrs × $85 hr = $510 ................................. 38,000 38,510 1,347,850 

This cost estimate is based on the 

assumption that all affected helicopters 

will be inspected, and 35 helicopters 

will have a blade replaced. The 

manufacturer has indicated that some of 

the costs associated with this AD may 

be covered under a warranty program, 

but this AD has not considered this 

warranty program when calculating 

total costs on U.S. operators. 

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 to the extent that it justifies 

making a regulatory distinction; 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): 

2010–26–52 Bell Helicopter Textron, Inc.: 

Amendment 39–16821; Docket No. 

FAA–2011–1041; Directorate Identifier 

2010–SW–109–AD; Supersedes AD 

2007–19–53, Amendment 39–15265, 

Docket No. FAA–2007–0180, Directorate 

Identifier 2007–SW–37–AD. 

Effective Date 

(a) This AD is effective November 15, 2011 

to all persons except those persons to whom 

it was made immediately effective by 

Emergency AD 2010–26–52, issued on 

December 10, 2010, which contained the 

requirements of this amendment. 

Other Affected ADs 

(b) This AD supersedes AD 2007–19–53 (72 

FR 65224, November 20, 2007). 

Applicability 

(c) Model 204B, 205A, 205A–1, 205B, 210, 

212, 412, 412CF, and 412EP helicopters, 

certificated in any category, with a tail rotor 

blade (blade) having a part number and serial 

number, as follows: 

Part No. Serial No. 

204–011–702–015 .............. AFS–12703, AFS–12893, AFS–23525, or AFS–23573. 

204–011–702–121 .............. A–22020. 

212–010–750–105 .............. *A–11923. 

212–010–750–105FM ........ A–10090, A–10836, *A–10857, A–11207, A–11332, *A–11617, *A–11828, *A–12043, or *A–12091. 

212–010–750–113 .............. A–14953, A–15090, or CS–12702. 

212–010–750–113FM ........ A–12240, *A–12286, A–12296, *A–12398, A–12640, A–12670, A–12789, A–13033, *A–13088, A–13096, *A– 

13106, A–13134, A–13199, A–13264, A–13366, or *A–13539. 

212–010–750–133 .............. A–15602. 

Note 1: The * indicates the newly added serial-numbered blades. 

Unsafe Condition 

(d) This AD was prompted by another 

incident in which the blade tip weight 

separated from a blade during flight, causing 

vibration. This incident led to the 

determination that additional blades could be 

affected and should be added to the 

applicability. The actions specified by this 

AD are intended to prevent loss of the blade 

tip weight, loss of a blade, and subsequent 

loss of control of the helicopter. 

Compliance 

(e) Before further flight, unless 

accomplished previously. 

(f) Replace any affected blade with an 

airworthy blade. An airworthy blade is one 

that has a part number and a serial number 

that is not listed in the Applicability section 

of this AD. 

Note 2: Bell Helicopter Textron Alert 

Service Bulletin No. 204–07–61, Revision A, 

dated September 19, 2007, contains 

additional information about the subject of 

this AD. Bell Alert Service Bulletin No. 205– 

07–95, No. 205B–07–46, No. 212–07–125, 

No. 412CF–07–30, and No. 412–07–123, all 

Revision B and all dated November 22, 2010, 

also contain additional information about the 

subject of this AD. These Alert Service 

Bulletins are not incorporated by reference. 

Special Flight Permit 

(g) Special flight permits will not be 

issued. 

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67054 Federal Register / Vol. 76, No. 210 / Monday, October 31, 2011 / Rules and Regulations 

Alternative Methods of Compliance 

(AMOCs) 

(h) The Manager, Rotorcraft Certification 

Office, 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 Rotorcraft Certification 

Office, send it to the attention of the person 

identified in the Additional Information 

section of this AD. 

Note 3: Before using any approved AMOC, 

we request that you notify your appropriate 

principal inspector, or lacking a principal 

inspector, your local Flight Standards District 

Office. 

Additional Information 

(i)(1) For more information about this AD, 

contact: Martin R. Crane, Aerospace 

Engineer, Rotorcraft Directorate, Rotorcraft 

Certification Office, FAA, 2601 Meacham 

Blvd., Fort Worth, Texas 76137; telephone 

(817) 222–5170; fax (817) 222–5783; email: 

7-AVS-ASW-170@faa.gov. 

(2) For service information identified in 

this AD, contact: Bell Helicopter Textron, 

Inc., P.O. Box 482, Fort Worth, TX 76101, 

telephone (817) 280–3391, fax (817) 280– 

6466, or at http://www.bellcustomer.com/ 

files/. 

(3) You may review copies of the service 

information at the FAA, Office of the 

Regional Counsel, Southwest Region, 2601 

Meacham Blvd., Room 663, Fort Worth, 

Texas during normal business hours. 

Subject 

(j) The Joint Aircraft System Component 

Code is: 6410 Tail Rotor Blade. 

Issued in Fort Worth, Texas, on September 

21, 2011. 

Kim Smith, 

Manager, Rotorcraft Directorate, Aircraft 

Certification Service. 

[FR Doc. 2011–27769 Filed 10–28–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2011–0559; Airspace 

Docket No. 11–ASO–23] 

Amendment of Class E Airspace; 

Fayette, AL 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Class E 

Airspace at Fayette, AL, as the Fayette 

Non-Directional Beacon (NDB) has been 

decommissioned and new Standard 

Instrument Approach Procedures have 

been developed at Richard Arthur Field. 

This action enhances the safety and 

management of Instrument Flight Rules 

(IFR) operations at the airport. This 

action also updates the airport’s 

geographic coordinates and notes the 

name change to Richard Arthur Field. 

DATES: Effective 0901 UTC, December 

15, 2011. The Director of the Federal 

Register approves this incorporation by 

reference action under title 1, Code of 

Federal Regulations, part 51, subject to 

the annual revision of FAA Order 

7400.9 and publication of conforming 

amendments. 

FOR FURTHER INFORMATION CONTACT: John 

Fornito, Operations Support Group, 

Eastern Service Center, Federal Aviation 

Administration, P.O. Box 20636, 

Atlanta, Georgia 30320; telephone (404) 

305–6364. 

SUPPLEMENTARY INFORMATION: 

History 

On July 25, 2011, the FAA published 

in the Federal Register a notice of 

proposed rulemaking to amend Class E 

airspace at Fayette, AL (76 FR 44285) 

Docket No. FAA–2011–0559. 

Subsequent to publication, the FAA 

found that the geographic coordinates 

needed to be adjusted. This action 

makes that adjustment. Interested 

parties were invited to participate in 

this rulemaking effort by submitting 

written comments on the proposal to the 

FAA. No comments were received. Class 

E airspace designations are published in 

paragraph 6005 of FAA Order 7400.9V 

dated August 9, 2011, and effective 

September 15, 2011, which is 

incorporated by reference in 14 CFR 

71.1. The Class E airspace designations 

listed in this document will be 

published subsequently in the Order. 

With the exception of editorial changes, 

and the changes described above, this 

rule is the same as that proposed in the 

NPRM. 

The Rule 

This amendment to Title 14, Code of 

Federal Regulations (14 CFR) part 71 

amends the Class E airspace extending 

upward from 700 feet above the surface 

at Fayette, AL to accommodate the new 

Standard Instrument Approach 

Procedures developed for Richard 

Arthur Field. The Fayette NDB has been 

decommissioned, and the NDB 

approach cancelled. The existing Class 

E airspace extending upward from 700 

feet above the surface is being modified 

for the safety and management of IFR 

operations. This action also updates the 

geographic coordinates to be in concert 

with the FAAs aeronautical database, 

and notes the airport’s name change 

from Richard Arthur Field Airport to 

Richard Arthur Field. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current, is non-controversial and 

unlikely to result in adverse or negative 

comments. 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 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 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 amends controlled airspace at Richard 

Arthur Field, Fayette, AL. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(g); 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of Federal Aviation 

Administration Order 7400.9V, Airspace 

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