Federal Register / Vol. 60, No. 12 / Thursday, January 19, 1995 / Rules and Regulations 3741

submitted in response to this rule must

submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 94–NM–217–AD.’’ The

postcard will be date stamped and

returned to the commenter.

The regulations adopted herein will

not have substantial direct effects 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. Therefore, in

accordance with Executive Order 12612,

it is determined that this final rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

For the reasons discussed above, I

certify that this action (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)

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. A final evaluation has

been prepared for this action and it is

contained in the Rules Docket. A copy

of it may be obtained from the Rules

Docket at the location provided under

the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Incorporation by reference,

Safety.

Adoption of the Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration amends part 39 of the

Federal Aviation Regulations (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. App. 1354(a), 1421

and 1423; 49 U.S.C. 106(g); and 14 CFR

11.89.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

94–26–13 Boeing: Amendment 39–9108.

Docket 94–NM–217–AD.

Applicability: Model 737–300, –400, and

–500 series airplanes; line positions 2184,

2187, 2194 through 2197 inclusive, and 2199;

certificated in any category.

Note 1: This AD applies to each airplane

identified in the preceding applicability

provision, regardless of whether it has been

modified, altered, or repaired in the area

subject to the requirements of this AD. For

airplanes that have been modified, altered, or

repaired so that the performance of the

requirements of this AD is affected, the

owner/operator must use the authority

provided in paragraph (b) to request approval

from the FAA. This approval may address

either no action, if the current configuration

eliminates the unsafe condition; or different

actions necessary to address the unsafe

condition described in this AD. Such a

request should include an assessment of the

effect of the changed configuration on the

unsafe condition addressed by this AD. In no

case does the presence of any modification,

alteration, or repair remove any airplane from

the applicability of this AD.

Compliance: Required as indicated, unless

accomplished previously.

To prevent drainage from a fuel leak into

the turbine exhaust area, which could cause

an external fire under the wing, accomplish

the following:

(a) Within 24 months after the effective

date of this AD, modify the leading edge slat

access panel and internal structure at Front

Spar Station (FSS) 250.663 in accordance

with Boeing Service Bulletin 737–57–1221,

Revision 2, dated November 17, 1994.

(b) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager, Seattle

Aircraft Certification Office (ACO), FAA,

Transport Airplane Directorate. Operators

shall submit their requests through an

appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, Seattle ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Seattle ACO.

(c) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the airplane to

a location where the requirements of this AD

can be accomplished.

(d) The modification shall be done in

accordance with Boeing Service Bulletin

737–57–1221, Revision 2, dated November

17, 1994. This incorporation by reference was

approved by the Director of the Federal

Register in accordance with 5 U.S.C. 552(a)

and 1 CFR part 51. Copies may be obtained

from Boeing Commercial Airplane Group,

P.O. Box 3707, Seattle, Washington 98124–

2207. Copies may be inspected at the FAA,

Transport Airplane Directorate, 1601 Lind

Avenue SW., Renton, Washington; or at the

Office of the Federal Register, 800 North

Capitol Street NW., suite 700, Washington,

DC.

(e) This amendment becomes effective on

February 3, 1995.

Issued in Renton, Washington, on

December 21, 1994.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 95–1362 Filed 1–18–95; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 71

[Airspace Docket No. 93–AWP–19]

Amendment of Class D Airspace; Luke

Air Force Base, AZ

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This amendment modifies

Class D airspace at Luke Air Force Base,

AZ. The Class D airspace will be

amended due to the relocation of the

Luke Air Force Base TACAN. This

action will realign the Class D airspace

for instrument flight rules (IFR)

operations.

EFFECTIVE DATE: 0901 UTC, March 30,

1995.

FOR FURTHER INFORMATION CONTACT:

Charles Register, System Management

Specialist, System Management Branch,

AWP–530, Air Traffic Division,

Western-Pacific Region, Federal

Aviation Administration, 15000

Aviation Boulevard, Lawndale,

California 90261, telephone (310) 297–

1640.

SUPPLEMENTARY INFORMATION:

History

On March 1, 1993, the FAA proposed

to amend part 71 of the Federal Aviation

Regulations (14 CFR part 71) by

modifying Class D airspace at Luke Air

Force Base, AZ (58 FR 58311). This

action will realign the Class D airspace

for instrument flight rules (IFR)

operations. The Luke Air Force Base

TACAN was relocated from lat.

33°32′06′′ N, long. 112°22′59′′ W to lat.

33°32′16′′ N, long. 112°22′49′′ W.

Interested parties were invited to

participate in this rulemaking

proceeding by submitting written

comments on the proposal to the FAA.

No comments to the proposal were

received. Class D airspace is published

in Paragraph 5000 of FAA Order

7400.9B dated July 18, 1994, and

effective September 16, 1994, which is

incorporated by reference in 14 CFR

71.1. The Class D airspace designation

listed in this document will be

published subsequently in the Order.

The Rule

This amendment to part 71 of the

Federal Aviation Regulations amends
3742 Federal Register / Vol. 60, No. 12 / Thursday, January 19, 1995 / Rules and Regulations

Class D airspace at Luke Air Force Base,

AZ. This action will realign the

extensions to contain instrument flight

rules (IFR) operations because the Luke

Air Force Base TACAN was relocated.

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. Therefore, this 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 that this rule will not have

a significant economic impact on a

substantial number of small entities

under the criteria of the Regulatory

Flexibility Act.

List of Subjects in 14 CFR Part 71

Airspace safety, 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—[AMENDED]

1. The authority citation for part 71

continues to read as follows:

Authority: 49 U.S.C. app. 1348(a), 1354(a),

1510; E.,O. 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389; 49 U.S.C. 106(g); 14 CFR

11.69.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of the Federal Aviation

Administration Order 7400.9B Airspace

Designations and Reporting Points,

dated July 18, 1994, and effective

September 16, 1994, is amended as

follows:

Paragraph 5000—Class D Airspace

* * * * *

AWP AZ D Phoenix, Luke Air Force Base,

AZ [Revised]

Phoenix Luke Air Force Base, AZ

(Lat. 33°32′06′′ N, long. 112°22′59′′ W)

Luke Air Force Base TACAN

(Lat. 33°32′16′′ N, long. 112°22′49′′ W)

That airspace extending upward from the

surface to and including 3,600 feet MSL

within a 4.3-mile radius of Luke Air Force

Base and within 1.8 miles each side of the

Luke TACAN 016° radial, extending from the

4.3-mile radius to 5.2 miles northeast of the

TACAN and within 1.8 miles each side of the

Luke TACAN 202° radial, extending from the

4.3-mile radius to 5.6 miles southwest of the

Luke TACAN, extending that portion east of

a line beginning at

Lat. 33°34′35′′ N, long. 112°16′59′′ W; to

Lat. 33°33′55′′ N, long. 112°16′29′′ W; to

Lat. 33°33′08′′ N, long. 112°18′00′′ W; to

Lat. 33°29′29′′ N, long. 112°19′29′′ W; to

Lat. 33°29′00′′ N, long. 112°19′26′′ W, and

excluding that airspace within the

Phoenix, AZ Class B airspace area. This

Class D airspace area is effective during

the specific 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.

* * * * *

Issued in Los Angeles, California, on

January 6, 1995.

Richard R. Lien,

Manager, Air Traffic Division, Western-Pacific

Region.

[FR Doc. 95–1261 Filed 1–18–95; 8:45 am]

BILLING CODE 4910–13–M

14 CFR Part 73

[Airspace Docket No. 94–AWP–29]

Change in Using Agency for Restricted

Areas R–2309 and R–2312; AZ

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This action changes the using

agency for Restricted Areas R–2309,

Yuma, AZ, and R–2312, Fort Huachuca,

AZ, from ‘‘Southwest Air Defense

Sector/DOS, March AFB, CA’’ to

‘‘Western Air Defense Sector/DOS,

McChord AFB, WA.’’ This is an

administrative change initiated by the

U.S. Air Force to reflect its

reorganization. There are no changes to

the boundaries, designated altitudes,

times of designation, or activities

conducted within the affected restricted

areas.

EFFECTIVE DATE: 0901 UTC, March 30,

1995.

FOR FURTHER INFORMATION CONTACT: Jim

Robinson, Military Operations Program

Office (ATM–420), Office of Air Traffic

System Management, Federal Aviation

Administration, 800 Independence

Avenue, SW., Washington, DC 20591;

telephone: (202) 493–4050.

SUPPLEMENTARY INFORMATION:

The Rule

This amendment to part 73 of the

Federal Aviation Regulations changes

the using agency for Restricted Areas R–

2309, Yuma, AZ, and R–2312, Fort

Huachuca, AZ, from ‘‘Southwest Air

Defense Sector/DOS, March AFB, CA’’

to ‘‘Western Air Defense Sector/DOS,

McChord AFB, WA.’’ This is an

administrative change initiated by the

U.S. Air Force to reflect its

reorganization. There are no changes to

the boundaries, designated altitudes,

times of designation, or activities

conducted within the affected restricted

areas. Because this action is a minor

technical amendment in which the

public is not particularly interested, I

find that notice and public procedure

under 5 U.S.C. 553(b) are unnecessary.

Section 73.23 of part 73 of the Federal

Aviation Regulations was republished

in FAA Order 7400.8B dated March 9,

1994.

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. 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 will not have

a significant economic impact on a

substantial number of small entities

under the criteria of the Regulatory

Flexibility Act.

Environmental Review

This action changes the using agency

of the restricted areas. There are no

changes to the boundaries, designated

altitudes, times of designation, or

activities conducted within the affected

restricted areas. Accordingly, this action

is not subject to environmental

assessments and procedures as set forth

in FAA Order 1050.1D, ‘‘Policies and

Procedures for Considering

Environmental Impacts.’’

List of Subjects in 14 CFR Part 73

Airspace, Navigation (air).

Adoption of the Amendment

In consideration of the foregoing, the

Federal Aviation Administration

amends 14 CFR part 73 as follows:

PART 73—[AMENDED]

1. The authority citation for part 73

continues to read as follows:

Authority: 49 U.S.C. app. 1348(a), 1354(a),

1510, 1522; E.O. 10854, 24 FR 9565, 3 CFR,

1959–1963 Comp., p. 389; 49 U.S.C. 106(g);

14 CFR 11.69.