Federal Register / Vol. 73, No. 21 / Thursday, January 31, 2008 / Rules and Regulations 5739 

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. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. FAA amends § 39.13 by adding the 

following new AD: 

2008–03–02 Cessna Aircraft Company: 

Amendment 39–15351; Docket No. 

FAA–2007–29138; Directorate Identifier 

2007–CE–073–AD. 

Effective Date 

(a) This AD becomes effective on March 6, 

2008. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to the following 

airplane models and serial numbers that are 

certificated in any category: 

Models Serial Nos. 

172R ......... 17281188 through 17281390. 

172S ......... 172S9491 through 172S10489. 

Unsafe Condition 

(d) This AD results from reports of chafed 

fuel return line assemblies caused by the fuel 

return line assembly rubbing against the right 

steering tube assembly during full rudder 

pedal actuation. We are issuing this AD to 

detect and correct chafing of the fuel return 

line assembly, which could result in fuel 

leaking under the cabin floor and fuel vapors 

entering the cabin. This condition could lead 

to fire under the floor or in the cabin area. 

Compliance 

(e) To address this problem, you must do 

the following, unless already done: 

Note: The requirements of this AD take 

precedence over the actions required in the 

service information. 

Actions Compliance Procedures 

(1) Inspect the fuel return line assembly 

(Cessna part number (P/N) 0500118–49 or 

FAA-approved equivalent P/N) for chafing.

Within the next 100 hours time-in-service 

(TIS) after March 6, 2008 (the effective date 

of this AD) or within the next 12 months 

after March 6, 2008 (the effective date of 

this AD), whichever occurs first.

Follow Cessna Service Bulletin SB07–28–01, 

dated June 18, 2007. 

(2) If chafing is found in the inspection required 

in paragraph (e)(1) of this AD, replace the 

fuel return line assembly (Cessna P/N 

0500118–49 or FAA-approved equivalent P/ 

N).

Before further flight after the inspection required in paragraph (e)(1) of this AD where 

evidence of chafing was found.

Follow Cessna Service Bulletin SB07–28–01, 

dated June 18, 2007. 

(3) Inspect for a minimum clearance of 0.5 inch 

between the following parts throughout the 

entire range of copilot rudder pedal travel 

and adjust the clearance as necessary: 

Before further flight after: 

(A) The inspection required in paragraph 

(e)(1) of this AD if no chafing is found; or 

(B) The replacement required in paragraph 

(e)(2) of this AD. 

Follow paragraph 6 of the Instructions section 

of Cessna Service Bulletin SB07–28–01, 

dated June 18, 2007. This AD requires a 

minimum clearance of 0.5 inch. 

(i) The fuel return line assembly (Cessna 

P/N 0500118–49 or FAA-approved 

equivalent P/N) and the steering tube 

assembly (Cessna P/N MC0543022–

2C); and 

(ii) The fuel return line assembly (Cessna 

P/N 0500118–49 or FAA-approved 

equivalent P/N) and the airplane structure.

Alternative Methods of Compliance 

(AMOCs) 

(f) The Manager, Wichita Aircraft 

Certification Office (ACO), 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: Jeff 

Janusz, Aerospace Engineer, 1801 Airport 

Road, Room 100, Wichita, Kansas 67209; 

telephone: (316) 946–4148; fax: (316) 946–

4107; e-mail: jeff.janusz@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. 

Material Incorporated by Reference 

(g) You must use Cessna Service Bulletin 

SB07–28–01, dated June 18, 2007, to do the 

actions required by this AD, unless the AD 

specifies otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Cessna Aircraft Company, 

Product Support, P.O. Box 7706, Wichita, 

Kansas 67277; telephone: (316) 517–5800; 

fax: (316) 942–9006. 

(3) You may review copies at the FAA, 

Central Region, Office of the Regional 

Counsel, 901 Locust, Kansas City, Missouri 

64106; 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/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Kansas City, Missouri, on January 

22, 2008. 

John Colomy, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E8–1460 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–2007–0276; Airspace 

Docket No. 07–AEA–16] 

Establishment of Class E Airspace; 

Lewisburg, PA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule, request for 

comments. 

SUMMARY: This action establishes Class 

E Airspace at Lewisburg, PA to support 

a new Area Navigation (RNAV) Global 

Positioning System (GPS) Special 

Instrument Approach Procedure (IAP) 

that has been developed for medical 

flight operations into the Evangelical 

Community Hospital East Heliport. This 

action enhances the safety and 


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5740 Federal Register / Vol. 73, No. 21 / Thursday, January 31, 2008 / Rules and Regulations 

management of Instrument Flight Rule 

(IFR) operations by providing the 

required controlled airspace for this 

approach at Lewisburg, PA. 

DATES: Effective 0901 UTC, April 10, 

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. Comments for inclusion 

in the Rules Docket must be received on 

or before March 17, 2008. 

ADDRESSES: Send comments on this rule 

to: U.S. Department of Transportation, 

Docket Operations, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590–0001; Telephone: 1–800–

647–5527; Fax: 202–493–2251. You 

must identify the Docket Number FAA–

2007–0276; Airspace Docket No. 07–

AEA–16, at the beginning of your 

comments. You may also submit and 

review received comments through the 

Internet at http://www.regulations.gov. 

You may review the public docket 

containing the rule, any comments 

received, and any final disposition in 

person in the Dockets Office (see 

ADDRESSES section for address and 

phone number) 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: 

Daryl Daniels, Airspace Specialist, 

System Support Group, Eastern Service 

Center, Federal Aviation 

Administration, P.O. Box 20636, 

Atlanta, Georgia 30320; telephone (404) 

305–5581, fax (404) 305–5572 or via email to Daryl.Daniels@faa.gov. 

SUPPLEMENTARY INFORMATION: 

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. The FAA 

has determined that this rule only 

involves an established body of 

technical regulations for which frequent 

and routine amendments are necessary 

to keep them operationally current. 

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. If the FAA 

receives, within the comment period, an 

adverse or negative comment, or written 

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 and comments may be submitted 

and reviewed at http:// 

www.regulations.gov. Recently 

published rulemaking dockets 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. 

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. 

Comments are specifically invited on 

the overall regulatory, economic, 

environmental, and energy aspects of 

the rule that might suggest a need to 

modify the rule. Factual information 

that supports the commenter’s ideas and 

suggestions is extremely helpful in 

evaluating the effectiveness of this 

action and determining whether 

additional rulemaking action would be 

needed. All comments submitted will be 

available, both before and after the 

closing date for comments, in the Rules 

Docket for examination by interested 

persons. Those wishing the FAA to 

acknowledge receipt of their comments 

submitted in response to this rule must 

submit a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket No. FAA–2007–0276; Airspace 

Docket No. 07–AEA–16.’’ The postcard 

will be date stamped and returned to the 

commenter. 

The Rule 

This amendment to Title 14, Code of 

Federal Regulations (14 CFR) part 71 

establishes Class E airspace at 

Lewisburg, PA, providing the controlled 

airspace required to support the new 

Copter RNAV (GPS) 360 Point in Space 

(PinS) approach developed for the 

Evangelical Community Hospital East 

Heliport. In today’s environment where 

speed of treatment for medical injuries 

is imperative, various landing sites have 

been developed for helicopter medical 

Lifeguard flights or Lifeflights to assist 

local hospitals; this is one of those sites. 

Controlled airspace, known as Class E5 

airspace, extending upward from 700 

feet Above Ground Level (AGL) is 

required for instrument flight rule 

operations and to encompass all 

instrument approach procedures to the 

extent practical. In this instance, that 

airspace is airspace within a six mile 

radius of the Point in Space associated 

with this approach at Lewisburg, PA. 

Designations for Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the Earth are 

published in FAA Order 7400.9R, 

signed August 15, 2007, effective 

September 15, 2007, which is 

incorporated by reference in 14 CFR 

part 71.1. The Class E 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 implications 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 


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Federal Register / Vol. 73, No. 21 / Thursday, January 31, 2008 / Rules and Regulations 5741 

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 controlled airspace serving 

the Evangelical Community Hospital 

East in Lewisburg, PA. 

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 

Designations and Reporting Points, 

signed August 15, 2007, 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. 

* * * * * 

AEA PA E5 Lewisburg, PA [New] 

Evangelical Community Hospital East 

Heliport 

(lat. 40°58′47′′ N., long. 76°53′08′′ W.) 

Point in Space Coordinates 

(lat. 40°58′09′′ N., long. 76°52′58′′ W.) 

That airspace extending upward from 700 

feet above the surface of the Earth within a 

6-mile radius of the Point in Space 

coordinates (lat. 40°58′09′′ N., long. 76°52′58′′ 

W.) serving the Evangelical Community 

Hospital East Heliport. 

* * * * * 

Issued in College Park, Georgia, on 

December 17, 2007. 

Mark D. Ward, 

Manager, System Support Group, Eastern 

Service Center. 

[FR Doc. 08–349 Filed 1–30–08; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Parts 301 and 401 

[TD 9378] 

RIN 1545–BE35 

Release of Lien or Discharge of 

Property 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Final regulations and removal of 

temporary regulations. 

SUMMARY: This document contains final 

regulations related to release of lien and 

discharge of property under sections 

6325, 6503, and 7426 of the Internal 

Revenue Code (Code). These regulations 

update existing regulations and contain 

procedures for processing a request 

made by a property owner for discharge 

of a Federal tax lien from his property 

under section 6325(b)(4). The 

regulations also clarify the impact of 

these procedures on sections 6503(f)(2) 

and 7426(a)(4) and (b)(5). These 

regulations reflect the enactment of 

sections 6325(b)(4), 6503(f)(2), and 

7426(a)(4) by the IRS Restructuring and 

Reform Act of 1998. 

DATES: Effective Date: These regulations 

are effective January 31, 2008. 

Applicability Date: These regulations 

apply to any release of lien or discharge 

of property that is requested after 

January 31, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Debra A. Kohn, (202) 622–7985 (not a 

toll-free number). 

SUPPLEMENTARY INFORMATION: 

Background 

This document contains final 

regulations that amend the Procedure 

and Administration Regulations (26 CFR 

part 301) under sections 6325, 6503, and 

7426 of the Code. The IRS Restructuring 

and Reform Act of 1998, Public Law 

105–206 (112 Stat. 685) (RRA 1998), 

enacted sections 6325(b)(4), 6503(f)(2), 

7426(a)(4), and 7426(a)(5) to provide a 

statutory mechanism for a person other 

than the person against whom the 

underlying tax was assessed, upon 

furnishing a deposit or bond, to obtain 

a discharge of the Federal tax lien from 

property owned by him, and for the IRS 

or the courts to determine the 

disposition of the deposit or bond 

amount. RRA 1998 thereby necessitated 

changes to the rules under sections 

6325, 6503, and 7426. 

On January 11, 2007, a notice of 

proposed rulemaking (REG–159444–04) 

relating to release of lien or discharge of 

property was published in the Federal 

Register (72 FR 1301–03). No comments 

were received and no public hearing 

was requested or held. Accordingly, the 

proposed regulations are adopted as 

amended by this Treasury decision. 

These final regulations generally retain 

the provisions of the proposed 

regulations but include one 

modification as explained in more detail 

below. 

Explanation of Modification 

The final regulations differ 

substantively in one respect from the 

version of the regulations set forth in the 

notice of proposed rulemaking. The 

proposed regulations interpret section 

6325(b)(4)(D), which states that section 

6325(b)(4)(A) is inapplicable ‘‘if the 

owner of the property is the person 

whose unsatisfied liability gave rise to 

the lien,’’ as indicating that the 

procedures for obtaining a discharge of 

a Federal tax lien under section 

6325(b)(4) are not available to a person 

who owns the subject property with the 

person whose tax liability gave rise to 

the lien (the taxpayer). Upon further 

consideration of this issue, it was 

decided that section 6235(b)(4)(D) 

should not be so interpreted, as that 

interpretation would unfairly leave 

some third-party property owners 

without a means to discharge Federal 

tax liens from their properties. 

Accordingly, the final regulations reflect 

an interpretation of section 

6325(b)(4)(D) that makes the section 

6325(b)(4) procedures available to a 

person who co-owns property with the 

taxpayer. 

Special Analyses 

It has been determined that this 

Treasury decision is not a significant 

regulatory action as defined in 

Executive Order 12866. Therefore, a 

regulatory assessment is not required. It 

also has been determined that section 

553(b) of the Administrative Procedure 

Act (5 U.S.C. chapter 5) does not apply 

to these regulations, and because these 

regulations do not impose collection of 

information on small entities, the 

Regulatory Flexibility Act (5 U.S.C. 

chapter 6) does not apply. Pursuant to 

section 7805(f) of the Code, the notice 

of proposed rulemaking preceding these 

regulations was submitted to the Chief 

Counsel for Advocacy of the Small 

Business Administration for comment 

on its impact on small business. 

Drafting Information 

The principal author of these 

regulations is Debra A. Kohn of the 

Office of the Associate Chief Counsel 

(Procedure and Administration). 


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