5776 Federal Register / Vol. 73, No. 21 / Thursday, January 31, 2008 / Proposed Rules 

calibration tests of the potentiometers 

and the readouts of the flight data 

recorder (FDR) to the airplane 

manufacturer. Since the issuance of the 

NPRM, the Federal Aviation 

Administration (FAA) has determined 

that while a noisy or defective 

potentiometer may hamper the ability to 

access certain aircraft data in support of 

either an accident or incident 

investigation or just general 

maintenance activities, there is no direct 

effect on the aircraft’s ability to be 

operated safely. Accordingly, the 

proposed rule is withdrawn. 

FOR FURTHER INFORMATION CONTACT: 

Todd Thompson, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–1175; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: A 

proposal to amend part 39 of the Federal 

Aviation Regulations (14 CFR part 39) to 

add a new airworthiness directive (AD), 

applicable to certain EMBRAER Model 

EMB–120 series airplanes, was 

published in the Federal Register as a 

second supplemental Notice of 

Proposed Rulemaking (NPRM) on 

February 1, 2005 (70 FR 5070). The 

proposed rule would have required 

repetitive calibration testing of 

potentiometers to detect noisy signals, 

replacement of only those with noisy 

signals, and reporting results of the 

calibration tests of the potentiometers 

and the readouts of the flight data 

recorder (FDR) to the airplane 

manufacturer. The proposed actions 

were intended to prevent the 

potentiometers that provide information 

on the positions of the primary flight 

controls to the FDR from transmitting 

noisy signals or becoming improperly 

calibrated, resulting in the transmission 

of incomplete or inaccurate data to the 

FDR. 

Actions That Occurred Since the 

Second Supplemental NPRM Was 

Issued 

Since the issuance of the second 

supplemental NPRM, the FAA has 

determined that while a noisy or 

defective potentiometer may hamper the 

ability to access certain aircraft data in 

support of either an accident or incident 

investigation or just general 

maintenance activities, there is no direct 

effect on the aircraft’s ability to be 

operated safely. 

On December 7, 2007, we issued 

Special Airworthiness Information 

Bulletin (SAIB) NM–08/10 to 

recommend calibrating, testing, and 

replacing certain potentiometers to the 

ailerons, elevators, and rudder of the 

subject airplanes, which is part of the 

manufacturer’s recommended 

maintenance program. 

FAA’s Conclusions 

Upon further consideration, the FAA 

has determined that no unsafe condition 

exists. Accordingly, the proposed rule is 

hereby withdrawn. 

Withdrawal of this second 

supplemental NPRM constitutes only 

such action, and does not preclude the 

agency from issuing another action in 

the future, nor does it commit the 

agency to any course of action in the 

future. 

Regulatory Impact 

Since this action only withdraws a 

notice of proposed rulemaking, it is 

neither a proposed nor a final rule and 

therefore is not covered under Executive 

Order 12866, the Regulatory Flexibility 

Act, or DOT Regulatory Policies and 

Procedures (44 FR 11034, February 26, 

1979). 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Safety. 

The Withdrawal 

Accordingly, the second 

supplemental notice of proposed 

rulemaking, Directorate Identifier 2000–

NM–120–AD, published in the Federal 

Register on February 1, 2005 (70 FR 

5070), is withdrawn. 

Issued in Renton, Washington, on January 

15, 2008. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E8–1706 Filed 1–30–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2007–29260; Airspace 

Docket 07–ASO–24] 

Proposed Establishment of Class E 

Airspace; Winona, MS 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This action proposes to 

establish Class E airspace at Winona, 

MS. An Area Navigation (RNAV) Global 

Positioning System (GPS) Standard 

Instrument Approach Procedures (SIAP) 

Runways (RWY) 03–21 has been 

developed for Winona-Montgomery 

County Airport. As a result, controlled 

airspace extending upward from 700 

feet Above Ground Level (AGL) is 

needed to contain the SIAP and for 

Instrument Flight Rule (IFR) operations 

at Winona-Montgomery County Airport. 

The operating status of the airport will 

change from Visual Flight Rules (VFR) 

to include IFR operations concurrent 

with the publication of the SIAP. This 

action enhances the safety and airspace 

management of Winona-Montgomery 

County Airport. 

DATES: Comments must be received on 

or before March 17. 2008. 

ADDRESSES: Send comments on this 

proposal to the Docket Management 

Facility, U.S. Department of 

Transportation, Docket Operations, M–

30, 1200 New Jersey Ave., SE. West 

Building, Ground Floor, Room W12–

140, Washington, DC 20590; telephone: 

1–800–647–5527. You must identify the 

docket number FAA–2007–29260; 

Airspace Docket 07–ASO–24, at the 

beginning of your comments. You may 

also submit comments on 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. 

An informal docket may also be 

examined during normal business hours 

at the office of the Eastern Service 

Center, Federal Aviation 

Administration, Room 210, 1701 

Columbia Avenue, College Park, Georgia 

30337. 

FOR FURTHER INFORMATION CONTACT: 

Melinda Giddens, System Support, 

Eastern Service Center, Federal Aviation 

Administration, P.O. Box 20636, 

Atlanta, Georgia 30320; telephone (404) 

305–5610. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested parties are invited to 

participate in this proposed rulemaking 

by submitting such written data, view 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. 

Those wishing the FAA to acknowledge 


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Federal Register / Vol. 73, No. 21 / Thursday, January 31, 2008 / Proposed Rules 5777 

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–2007–

29260; Airspace Docket No. 07–ASO–

24.’’ The postcard will be date/time 

stamped and returned to the 

commenter. All communications 

received before the specified closing 

date for comments will be considered 

before taking action on the proposed 

rule. The proposal contained in this 

notice may be changed in light of the 

comments received. A report 

summarizing each substantive public 

contact with FAA personnel concerned 

with this rulemaking will be filed in the 

docket. 

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 or the Federal Register’s 

web page at http://www.gpoaccess.gov/ 

fr/index.html. Persons interested in 

being placed on a mailing list for future 

NPRM’s 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 

The FAA is considering an 

amendment to Part 71 of the Code of 

Federal Regulations (14 CFR Part 71) to 

establish Class E airspace at Winona, 

MS. Class E airspace designations for 

airspace areas extending upward from 

700 feet or more above the surface of the 

earth are published in Paragraph 6005 of 

FAA Order 7400.9R, signed August 15, 

2007, and effective September 15, 2007, 

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 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 proposes to establish Class E airspace 

at Winona, MS. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 71 as 

follows: 

PART 71—DESIGNATION OF CLASS A, 

CLASS B, CLASS C, CLASS D, AND 

CLASS E AIRSPACE AREAS; 

AIRWAYS; 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 7400.9R, Airspace 

Designations and Reporting Points, 

signed August 15, 2007, and effective 

September 15, 2007, is amended as 

follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

ASO MS E5 Winona, MS [New] 

Winona-Montgomery County Airport, MS 

(Lat. 33°27′54′′ N., long. 89°43′48.8′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.9-mile 

radius of Winona-Montgomery County 

Airport. 

* * * * * 

Issued in College Park, Georgia, on 

December 14, 2007. 

Mark D. Ward, 

Manager, System Support Group, Eastern 

Service Center. 

[FR Doc. 08–351 Filed 1–30–08; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2007–29361; Airspace 

Docket 07–AEA–5] 

Proposed Amendment of Class E 

Airspace; Factoryville, PA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This action proposes to 

amend the Class E airspace area at 

Factoryville, PA, to accommodate a new 

Standard Instrument Approach 

Procedure (SIAP) that has been 

developed for Seamans Field. This 

proposal would enhance the safety and 

management of IFR operations at 

Seamans Field, Factoryville, PA. 

DATES: Comments must be received on 

or before March 17, 2008. 

ADDRESSES: Send comments on this 

proposal to the Docket Management 

Facility, U.S. Department of 

Transportation, Docket Operations, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Ave., SE., 

Washington, DC 20590; telephone: 1–

800–647–5527. You must identify the 

docket number FAA–2007–29361; 

Airspace Docket 07–AEA–5, at the 

beginning of your comments. You may 

also submit comments on 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. 

An informal docket may also be 

examined during normal business hours 

at the office of the Eastern Service 

Center, Federal Aviation 

Administration, Room 210, 1701 

Columbia Avenue, College Park, Georgia 

30337. 

FOR FURTHER INFORMATION CONTACT: 

Melinda Giddens, System Support, 

Eastern Service Center, Federal Aviation 

Administration, P.O. Box 20636, 

Atlanta, Georgia 30320; telephone (404) 

305–5610. 

SUPPLEMENTARY INFORMATION: 


sroberts on PROD1PC70 with PROPOSALS