Federal Register / Vol. 78, No. 225 / Thursday, November 21, 2013 / Proposed Rules 69787 

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 AD: 

Slingsby Aviation Ltd.: Docket No. FAA– 

2013–0997; Directorate Identifier 2013– 

CE–044–AD. 

(a) Comments Due Date 

We must receive comments by January 6, 

2014. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Slingsby Aviation Ltd. 

Model T67M260 airplanes, all serial 

numbers, certificated in any category. 

(d) Subject 

Air Transport Association of America 

(ATA) Code 55: Stabilizers. 

(e) Reason 

This AD was prompted by mandatory 

continuing airworthiness information (MCAI) 

originated by an aviation authority of another 

country to identify and correct an unsafe 

condition on an aviation product. The MCAI 

describes the unsafe condition as cracked 

horizontal stabilizer attachment brackets. We 

are issuing this AD to prevent separation of 

the horizontal stabilizer, which could result 

in loss of control. 

(f) Actions and Compliance 

Unless already done, do the actions 

specified in paragraphs (f)(1) through (f)(4) of 

this AD: 

(1) Within the next 150 hours time-inservice (TIS) after the effective date of this 

AD or at the next annual inspection after the 

effective date of this AD, whichever occurs 

later, and repetitively thereafter at intervals 

not to exceed 150 hours TIS, inspect the 

aluminum horizontal stabilizer attachment 

brackets for cracks. Do the inspections 

following the ACTION instructions in 

Slingsby Advanced Composites Ltd. Service 

Bulletin S.B. No: 179, Issue 4, dated March 

15, 2007. 

(2) If, during any inspection required in 

paragraph (f)(1) of this AD, any cracks are 

found, before further flight, replace the 

cracked bracket with a serviceable part. Do 

the replacement following the ACTION 

instructions in Slingsby Advanced 

Composites Ltd. Service Bulletin S.B. No: 

179, Issue 4, dated March 15, 2007. If a 

serviceable aluminum horizontal stabilizer 

attachment bracket is used as a replacement 

part, repetitively inspect as specified in 

paragraph (f)(1) of this AD. 

(3) To terminate the repetitive inspections 

required in paragraph (f)(1) of this AD, all 

four aluminum horizontal stabilizer 

attachment brackets must be replaced with 

titanium horizontal stabilizer attachment 

brackets. 

(4) After installing titanium horizontal 

stabilizer attachment brackets, installing 

aluminum horizontal stabilizer attachment 

brackets are prohibited. 

(g) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Standards Office, 

FAA, has the authority to approve AMOCs 

for this AD, if requested using the procedures 

found in 14 CFR 39.19. Send information to 

ATTN: Mike Kiesov, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4144; fax: (816) 329– 

4090; email: mike.kiesov@faa.gov. Before 

using any approved AMOC on any airplane 

to which the AMOC applies, notify your 

appropriate principal inspector (PI) in the 

FAA Flight Standards District Office (FSDO), 

or lacking a PI, your local FSDO. 

(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. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, a federal 

agency may not conduct or sponsor, and a 

person is not required to respond to, nor 

shall a person be subject to a penalty for 

failure to comply with a collection of 

information subject to the requirements of 

the Paperwork Reduction Act unless that 

collection of information displays a current 

valid OMB Control Number. The OMB 

Control Number for this information 

collection is 2120–0056. Public reporting for 

this collection of information is estimated to 

be approximately 5 minutes per response, 

including the time for reviewing instructions, 

completing and reviewing the collection of 

information. All responses to this collection 

of information are mandatory. Comments 

concerning the accuracy of this burden and 

suggestions for reducing the burden should 

be directed to the FAA at: 800 Independence 

Ave. SW., Washington, DC 20591, Attn: 

Information Collection Clearance Officer, 

AES–200. 

(h) Related Information 

Refer to European Aviation Safety Agency 

(EASA) AD No. 2012–0169, dated August 31, 

2012, for related information. You may 

examine the MCAI on the Internet at 

http://www.regulations.gov by searching for 

and locating it in Docket No. FAA–2013– 

0997. For service information related to this 

AD, contact Slingsby Advanced Composites, 

Ings Lane, Kirbymoorside, York, YO62 6EZ, 

United Kingdom, telephone: +44 (0) 1751 

432474; fax +44 (0) 1751 433016, Internet: 

www.marshall-slingsby.com. You may review 

this 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 

November 15, 2013. 

Earl Lawrence, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. 2013–27919 Filed 11–20–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2013–0921; Airspace 

Docket No. 13–AAL–4] 

Proposed Modification of Class E 

Airspace; Sitka, AK 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

modify Class E airspace at Sitka, AK, to 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
69788 Federal Register / Vol. 78, No. 225 / Thursday, November 21, 2013 / Proposed Rules 

accommodate aircraft departing and 

arriving under Instrument Flight Rules 

(IFR) at Sitka Rocky Gutierrez Airport. 

The FAA is proposing this action to 

enhance the safety and management of 

aircraft operations at the airport. 

DATES: Comments must be received on 

or before January 6, 2014. 

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–2013–0921; Airspace 

Docket No. 13–AAL–4, at the beginning 

of your comments. You may also submit 

comments through the Internet at 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Richard Roberts, Federal Aviation 

Administration, Operations Support 

Group, Western Service Center, 1601 

Lind Avenue SW., Renton, WA 98057; 

telephone (425) 203–4517. 

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– 

2013–0921 and Airspace Docket No. 13– 

AAL–4) 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–2013–0921 and 

Airspace Docket No. 13–AAL–4’’. 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 NPRM’s 

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 9:00 a.m. and 

5:00 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 NPRM’s 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 modifying Class E 

surface area airspace and Class E 

airspace extending upward from 700 

feet above the surface at Sitka Rocky 

Gutierrez, AK. After review of the 

airspace, the FAAs Western Terminal 

Products Office found modification of 

the airspace necessary for the safety and 

management of aircraft departing and 

arriving under IFR operations at the 

airport. The segment of Class E surface 

area airspace southwest of the 4.1-mile 

radius of the airport would be modified 

to 10 miles southwest of the airport. The 

segment of Class E airspace extending 

upward from 700 feet above the surface 

southwest of the 6.6-mile radius of the 

airport would be modified to 14 miles 

southwest of the airport, and the 

segment northwest of the 6.6-mile 

radius of the airport would be modified 

to 29 miles northwest of the airport. The 

segments of controlled airspace west 

and southwest of the airport would be 

removed as they are no longer required 

for aircraft arriving and departing under 

IFR operations. This would enhance the 

safety and management of aircraft 

operations at the airport. 

Class E airspace designations are 

published in paragraphs 6002 and 6005, 

respectively, of FAA Order 7400.9X, 

dated August 7, 2013, and effective 

September 15, 2013, 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 

described in Subtitle VII, Part A, 

Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of the airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This proposed regulation is 

within the scope of that authority as it 

would modify controlled airspace at 

Sitka Rocky Gutierrez Airport, Sitka, 

AK. 

This proposal will be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1E, 

‘‘Environmental Impacts: Policies and 

Procedures’’ prior to any FAA final 

regulatory action. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 225 / Thursday, November 21, 2013 / Proposed Rules 69789 

The Proposed Amendment 

Accordingly, pursuant to the 

authority delegated to me, the Federal 

Aviation Administration proposes to 

amend 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 14 CFR 

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 the Federal Aviation 

Administration Order 7400.9X, Airspace 

Designations and Reporting Points, 

dated August 7, 2013, and effective 

September 15, 2013 is amended as 

follows: 

Paragraph 6002 Class E airspace 

Designated as Surface Areas. 

* * * * * 

AAL AK E2 Sitka, AK [Modified] 

Sitka Rocky Gutierrez Airport, AK 

(Lat. 57°02′50′′ N., long. 135°21′42′′ W.) 

Within a 4.1 mile radius of Sitka Rocky 

Gutierrez Airport, and within 3.5 miles each 

side of the airport 209° radial extending from 

the 4.1-mile radius to 10.5 miles southwest 

of the airport, and within 3 miles each side 

of the airport 313° radial extending from the 

4.1-mile radius to 11.1 miles northwest of the 

airport. This Class E airspace is effective 

during the dates and times established in 

advance by a Notice to Airmen. The effective 

date and time will thereafter be continuously 

published in the Airport/Facility Directory, 

Alaska Supplement. 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

AAL AK E5 Sitka, AK [Modified] 

Sitka Rocky Gutierrez Airport, AK 

(Lat. 57°02′50′′ N., long. 135°21′42′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.6-mile 

radius of Sitka Rocky Gutierrez Airport, and 

within 4 miles each side of the airport 209° 

radial extending from the 6.6-mile radius to 

14.5 miles south of the airport, and within 4 

miles east and 8 miles west of the airport 

313° radial extending from the 6.6-mile 

radius to 29 miles northwest of the airport; 

and that airspace extending upward from 

1,200 feet above the surface within a 40-mile 

radius of lat. 56°51′34′′ N., long. 135°33′05′′ 

W.; and that airspace extending upward from 

5,500 feet MSL within an 85-mile radius of 

lat. 56°51′34′′ N., long. 135°33′05′′ W.; 

excluding that airspace that extends beyond 

12 miles from the coast. 

Issued in Seattle, Washington, on 

November 13, 2013. 

Clark Desing, 

Manager, Operations Support Group, Western 

Service Center. 

[FR Doc. 2013–27858 Filed 11–20–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Chapter I 

[Docket No. FAA–2013–0988] 

Policy and Procedures Concerning the 

Use of Airport Revenue; Proceeds 

From Taxes on Aviation Fuel 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of Proposed Clarification 

of Policy; Request for Comments. 

SUMMARY: This action proposes to 

amend the Federal Aviation 

Administration (‘‘FAA’’) Policy and 

Procedures Concerning the Use of 

Airport Revenue published in the 

Federal Register on February 16, 1999 

(‘‘Revenue Use Policy’’) to clarify FAA’s 

policy on Federal requirements for the 

use of proceeds from taxes on aviation 

fuel. Under Federal law, airport 

operators that have accepted Federal 

assistance generally may use airport 

revenues only for airport-related 

purposes. The revenue use requirements 

apply to certain state and local 

government taxes on aviation fuel as 

well as to revenues received directly by 

an airport operator. This notice 

publishes a proposed clarification of 

FAA’s understanding of the Federal 

requirements for use of revenues 

derived from taxes on aviation fuel. 

Briefly, an airport operator or state 

government submitting an application 

under the Airport Improvement Program 

must provide assurance that revenues 

from state and local government taxes 

on aviation fuel are used for certain 

aviation-related purposes. These 

purposes include airport capital and 

operating costs, and state aviation 

programs. In view of the interests of 

sellers and consumers of aviation fuel, 

and of state and local government taxing 

authorities in limits on use of proceeds 

from taxes touching aviation fuel, this 

notice solicits public comment on the 

proposed policy clarification. This 

notice also solicits comments about 

whether there are other reasonable 

interpretations regarding local taxes that 

are not enumerated here and should be 

considered by the FAA. Finally, this 

proposed policy clarification, if 

finalized, would apply prospectively to 

use of proceeds from both new taxes 

and to existing taxes that do not qualify 

for grandfathering from revenue use 

requirements. 

DATES: Comments must be received by 

January 21, 2014. Comments that are 

received after that date will be 

considered only to the extent possible. 

ADDRESSES: To read background 

documents or comments received, go to 

http://www.regulations.gov at any time 

or to Room W12–140 on the ground 

floor of the DOT West Building, 1200 

New Jersey Avenue SE., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

You may also send written comments 

by any of the following methods. 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the instructions for sending your 

comments electronically. Docket 

Number: FAA 2013–0988. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery: Deliver to mail 

address above between 9:00 a.m. and 5 

p.m. EST, Monday through Friday, 

except Federal holidays. 

• Fax: (202) 493–2251. 

Identify all transmissions with 

‘‘Docket Number FAA 2013–0988’’ at 

the beginning of the document. 

FOR FURTHER INFORMATION CONTACT: 

Randall S. Fiertz, Director, Office of 

Airport Compliance and Management 

Analysis, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591, 

telephone (202) 267–3085; facsimile 

(202) 267–5257. 

SUPPLEMENTARY INFORMATION: 

Authority for the Proposed Policy 

Clarification 

This notice is published under the 

authority described in Subtitle VII, part 

B, chapter 471, section 47122, and the 

Federal Aviation Administration 

Authorization Act of 1994, section 

112(a), Public Law 103–305, 49 U.S.C. 

47107(l)(1) (Aug. 23, 1994). 

Background 

The Airport and Airway Improvement 

Act of 1982, now codified at 49 U.S.C. 

47101 et seq. (AAIA), establishes the 

Airport Improvement Program (AIP) for 

awarding Federal grants to airports in 

the United States. The AAIA requires 

that an airport sponsor accepting a grant 

under the AIP give assurances that any 

revenues received by the airport will be 

used for the capital and operating 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS