Federal Register / Vol. 73, No. 28 / Monday, February 11, 2008 / Rules and Regulations 7667 

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); 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. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this AD and placed it in the AD docket. 

See the ADDRESSES section for a location 

to examine the regulatory evaluation. 

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 Federal Aviation 

Administration (FAA) amends § 39.13 

by adding the following new 

airworthiness directive (AD): 

2008–03–20 Boeing: Amendment 39–15371. 

Docket No. FAA–2007–28921; 

Directorate Identifier 2007–NM–091–AD. 

Effective Date 

(a) This AD becomes effective March 17, 

2008. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Boeing Model 737–

300, –400, and –500 series airplanes, 

certificated in any category; as identified in 

Boeing Special Attention Service Bulletin 

737–25–1567, dated March 21, 2007. 

Unsafe Condition 

(d) This AD results from reports indicating 

that the forward door escape slide inflated 90 

degrees out of alignment after deployment 

from the forward right side slide 

compartment. We are issuing this AD to 

prevent the escape slide from being unusable 

during an emergency evacuation and 

consequent injury to passengers or 

crewmembers. 

Compliance 

(e) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Modification and Installation 

(f) Within 60 months after the effective 

date of this AD, modify the door-mounted 

escape system of the forward right side door 

slide compartment, in accordance with the 

Accomplishment Instructions of Boeing 

Special Attention Service Bulletin 737–25–

1567, dated March 21, 2007. 

Prior to or Concurrent Requirement 

(g) Prior to or concurrently with the 

requirements of paragraph (f) of this AD, 

accomplish the requirements of AD 2004–02–

08, amendment 39–13443. 

Alternative Methods of Compliance 

(AMOCs) 

(h)(1) The Manager, Seattle Aircraft 

Certification Office, FAA, has the authority to 

approve AMOCs for this AD, if requested in 

accordance with the procedures found in 14 

CFR 39.19. 

(2) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. 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. 

Material Incorporated by Reference 

(i) You must use Boeing Special Attention 

Service Bulletin 737–25–1567, dated March 

21, 2007, to perform the actions that are 

required by this AD, unless the AD specifies 

otherwise. The Director of the Federal 

Register approved the incorporation by 

reference of this document in accordance 

with 5 U.S.C. 552(a) and 1 CFR part 51. 

Contact Boeing Commercial Airplanes, P.O. 

Box 3707, Seattle, Washington 98124–2207 

for a copy of this service information. You 

may review copies at the FAA, Transport 

Airplane Directorate, 1601 Lind Avenue, 

SW., Renton, Washington; or at the National 

Archives and Records Administration 

(NARA). For information on the availability 

of this material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/federalregister/cfr/ibr-locations.html. 

Issued in Renton, Washington, on January 

30, 2008. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E8–2363 Filed 2–8–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2008–0003; Airspace 

Docket No. 08–ASW–1] 

Establishment of Class E Airspace; 

Lexington, OK 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule; request for 

comments. 

SUMMARY: This action establishes Class 

E2 airspace at Lexington, OK. 

Additional controlled airspace is 

necessary to accommodate aircraft using 

new RNAV Global Positioning System 

(GPS) Standard Instrument Approach 

Procedures (SIAP) at Muldrow Army 

Heliport. The FAA proposes this action 

to enhance the safety and management 

of Instrument Flight Rules (IFR) aircraft 

operations at Muldrow Army Heliport, 

Lexington, OK. 

DATES: Effective Dates: 0901 UTC April 

10, 2008. Comments for inclusion in the 

rules Docket must be received March 27, 

2008. 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. 

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–2008–

0003/Airspace Docket No. 08–ASW–1, 

at the beginning of your comments. You 

may also submit comments through the 

Internet at http://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 number 1–

800–647–5527, is on the ground floor of 

the building at the above address. 

FOR FURTHER INFORMATION CONTACT: Joe 

Yadouga, Central Service Center, 

System Support Group, Federal 

Aviation Administration, Southwest 

Region, Fort Worth, Texas 76193–0530; 

telephone number (817) 222–5597. 

SUPPLEMENTARY INFORMATION: 

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7668 Federal Register / Vol. 73, No. 28 / Monday, February 11, 2008 / Rules and Regulations 

The Direct Final Rule Procedure 

The FAA anticipates that this 

regulation will not result in adverse or 

negative comments, and, therefore, 

issues it as a direct final rule. Unless a 

written adverse or negative comment or 

a written notice of intent to submit an 

adverse or negative comment is received 

within the comment period, the 

regulation will become effective on the 

date specified above. After the close of 

the comment period, the FAA will 

publish a document in the Federal 

Register indicating that no adverse or 

negative comments were received and 

confirming the effective date of the rule. 

If the FAA receives, within the 

comment period, an adverse or negative 

comment, or written comment notice of 

intent to submit such a comment, a 

document withdrawing the direct final 

rule will be published in the Federal 

Register, and a notice of proposed 

rulemaking may be published with a 

new comment period. 

Comments Invited 

Although this action is in the form of 

a direct final rule, and was not preceded 

by a notice of proposed rulemaking, 

interested persons are invited to 

comment on this rule by submitting 

such written data, views, or arguments 

as they may desire. An electronic copy 

of this document may be downloaded 

from http://www.regulations.gov. 

Communications should identify both 

docket numbers and be submitted in 

triplicate to the address specified under 

the caption ADDRESSES above or through 

the Web site. All communications 

received on or before the closing date 

for comments will be considered, and 

this rule may be amended or withdrawn 

in light of the comments received. 

The Rule 

This amendment to Title 14, Code of 

Federal Regulations (14 CFR) part 71 

establishes Class E2 airspace at 

Lexington, OK providing the airspace 

required to support the new Copter 

RNAV (GPS) Runway 17 approach 

developed for IFR landings at Muldrow 

Army Heliport, OK. No Class E2 

airspace exists in the area so new 

airspace must be developed which will 

serve IFR operations into Muldrow 

Army Heliport. Controlled airspace 

extending upward from the surface is 

required to encompass all SIAP and for 

the safety of IFR operations at Muldrow 

Army Heliport, Lexington, OK. 

Designations for class E2 airspace areas 

extending upward from the surface of 

the earth are published in the FAA 

Order 7400.9R, signed August 15, 2007 

and effective September 15, 2007, which 

is incorporated by reference in 14 CFR 

Part 71.1. Class E2 designations listed in 

this document will be published 

subsequently in the Order. 

Agency Findings 

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 various levels of 

government. Therefore, it is determined 

that this final rule does not have 

federalism implication under Executive 

Order 13132. 

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 

establishes Class E2 airspace near 

Lexington, OK. 

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 7400.9R, Airspace 

Designation and Reporting Points, 

signed August 15, 2007, and effective 

September 15, 2007, is amended as 

follows: 

Paragraph 6002 Class E2 airspace areas 

extending upward from the surface of the 

earth. 

* * * * * 

ASW OK E2 Lexington, OK [New] 

Muldrow Army Heliport 

(lat. 35°01′58′′ N., long. 97°13′90′′ W.) 

That airspace extending upward from the 

surface to and including 3,600 feet above 

mean sea level (MSL) within a 3.7-mile 

radius of the Muldrow Army Heliport, OK 

and within 3 miles each side of the Muldrow 

runway 175 Copter RNAV (GPS) Runway 17 

approach course extending north from the 3.7 

mile radius to the 6.8 mile extension. This 

airspace is effective during specific dates and 

times established in advance by Notice to 

Airmen. The effective date and time will 

thereafter be continuously published in the 

Airport/Facility Directory. 

* * * * * 

Issued in Forth Worth, TX on January 25, 

2008. 

Delisa Kik, 

Acting Manager, System Support Group, ATO 

Central Service Center. 

[FR Doc. 08–525 Filed 2–8–08; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2008–0024; Airspace 

Docket No. 08–AGL–4] 

Establishment of Class E5 Airspace; 

Black River Falls, WI 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule; request for 

comments. 

SUMMARY: This action establishes Class 

E5 airspace at Black River Falls, WI. 

Additional controlled airspace is 

necessary to accommodate aircraft using 

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