Federal Register / Vol. 73, No. 175 / Tuesday, September 9, 2008 / Rules and Regulations 52205 

inspection for any defect (missing, loose, or 

damaged fasteners; incorrect gap between 

washers and structure or between fastener 

heads and structure; or incorrect torque of 

fastener nuts) of the upper fasteners of the aft 

mount support fitting of the left and right 

engines, and do all the applicable corrective 

actions before further flight, by 

accomplishing all of the applicable actions 

specified in the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

MD90–54A002, dated August 1, 2008. 

Credit for Actions Done per Multiple 

Operator Message (MOM) 

(g) Actions done before the effective date 

of this AD in accordance with Boeing MOM 

1–893882781–2, dated July 25, 2008, are 

acceptable for compliance with the 

requirements of paragraph (f) of this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(h)(1) The Manager, Los Angeles 

Certification Office (ACO), FAA, ATTN: 

Roger Durbin, Aerospace Engineer, Airframe 

Branch, ANM–120L, FAA, Los Angeles ACO, 

3960 Paramount Boulevard, Lakewood, 

California 90712–4137; telephone (562) 627–

5233; fax (562) 627–5210; has the authority 

to approve AMOCs for this AD, if requested 

using 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. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required by this AD, if it is approved by an 

Authorized Representative for the Boeing 

Commercial Airplanes Delegation Option 

Authorization Organization who has been 

authorized by the Manager, Los Angeles 

ACO, to make those findings. For a repair 

method to be approved, the repair must meet 

the certification basis of the airplane, and the 

approval must specifically refer to this AD. 

Material Incorporated by Reference 

(i) You must use Boeing Alert Service 

Bulletin MD90–54A002, dated August 1, 

2008, 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 Boeing Commercial 

Airplanes, Long Beach Division, 3855 

Lakewood Boulevard, Long Beach, California 

90846, Attention: Data and Service 

Management, Dept. C1–L5A (D800–0024). 

(3) You may review copies of the service 

information incorporated by reference 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/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on August 

25, 2008. 

Dionne Palermo, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E8–20494 Filed 9–8–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0955; Directorate 

Identifier 2008–CE–040–AD; Amendment 

39–15668; AD 2008–19–01] 

RIN 2120–AA64 

Airworthiness Directives; Harco Labs, 

Inc. Pitot/AOA Probes (Part Numbers 

100435–39, 100435–39–001, 100435–40, 

and 100435–40–001) 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

Harco Labs, Inc. part numbers 100435–

39, 100435–39–001, 100435–40, and 

100435–40–001 pitot/angle of attack 

(AOA) probes installed on, but not 

limited to Eclipse Aviation Inc. Model 

EA500 airplanes. This AD requires you 

to incorporate information into the 

Limitations section of the airplane flight 

manual (AFM) that will allow operation 

only under day visual flight rules (VFR) 

and allow only a VFR flight plan. This 

AD also requires you to test the pitot/ 

AOA probes for heater performance and 

replace the pitot/AOA probe if it fails 

the heater performance test. This AD 

results from several reports of airspeed 

disagree caution indication due to 

blockage from freezing condensation 

within the pitot/AOA system. We are 

issuing this AD to detect and correct 

improperly performing pitot/AOA probe 

heaters, which could result in blockage 

within the pitot/AOA system from 

condensation freezing with consequent 

incorrect indication of impact air 

pressure (airspeed/AOA). This blockage 

could lead to the stall warning 

becoming unreliable and the stick 

pusher, overspeed warning, autopilot, 

and yaw damper to malfunction. 

DATES: This AD becomes effective on 

September 29, 2008. 

On September 29, 2008, the Director 

of the Federal Register approved the 

incorporation by reference of certain 

publications listed in this AD. 

We must receive any comments on 

this AD by November 10, 2008. 

ADDRESSES: Use one of the following 

addresses to comment on this AD. 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M–

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M–

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

To get the service information 

identified in this AD, contact Harco 

Labs, Inc. 186 Cedar Street, Branford, 

Connecticut 06405; telephone: (203) 

483–3700; fax: (203) 483–3701, and 

Eclipse Aviation, 2503 Clark Carr Loop 

SE, Albuquerque, New Mexico 87106; 

telephone: (505) 245–7555; fax: (505) 

241–8802. 

To view the comments to this AD, go 

to http://www.regulations.gov. The 

docket number is FAA–2008–0955; 

Directorate Identifier 2008–CE–040–AD. 

FOR FURTHER INFORMATION CONTACT: 

Solomon Hecht, Aerospace Engineer, 12 

New England Executive Park, 

Burlington, Massachusetts 01803; 

telephone: (781) 238–7159; fax: (781) 

238–7170. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We received several reports of 

airspeed disagree caution indication due 

to blockage within the pitot/AOA 

system from freezing condensation. We 

are issuing this AD to detect and correct 

improperly performing pitot/AOA probe 

heaters. 

This condition, if not corrected, could 

result in a blockage within the pitot/ 

AOA system from condensation freezing 

with consequent incorrect indication of 

impact air pressure (airspeed/AOA). 

This blockage could lead to the stall 

warning becoming unreliable and the 

stick pusher, overspeed warning, 

autopilot, and yaw damper to 

malfunction. 

Relevant Service Information 

We reviewed Harco Labs, Inc. Service 

Bulletin SB–34–10–10–001, Revision F, 

dated August 19, 2008; Harco Pitot AOA 

Probe Internal Tubing Heater 

Verification Test Procedure No. P1149, 

Rev: E, referenced in 8. Appendix A of 

Harco Labs, Inc. Service Bulletin SB–


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52206 Federal Register / Vol. 73, No. 175 / Tuesday, September 9, 2008 / Rules and Regulations 

34–10–10–001, Revision F, dated 

August 19, 2008; and Eclipse Aviation 

Alert Service Bulletin SB 500–34–019, 

Rev C, dated August 20, 2008. The 

service information describes 

procedures for verification of the 

internal tube (wedge) heater 

performance on pitot/AOA probes. 

FAA’s Determination and Requirements 

of This AD 

We are issuing this AD because we 

evaluated all the information and 

determined the unsafe condition 

described previously is likely to exist or 

develop on other products of the same 

type design. This AD requires you to 

incorporate information into the 

Limitations section of the airplane flight 

manual (AFM) that will allow operation 

only under day visual flight rules (VFR) 

and allow only a VFR flight plan. This 

AD also requires you to test the pitot/ 

AOA probes for heater performance and 

replace the pitot/AOA probe if it fails 

the heater performance test. 

FAA’s Determination of the Effective 

Date 

An unsafe condition exists that 

requires the immediate adoption of this 

AD. The FAA has found that the risk to 

the flying public justifies waiving notice 

and comment prior to adoption of this 

rule because the potential for the stall 

warning to become unreliable and the 

stick pusher, overspeed warning, 

autopilot, and yaw damper to 

malfunction due to blockage from 

condensation freezing in the pitot/AOA 

system compromises the continued 

operational safety of the airplanes. 

Therefore, we determined that notice 

and opportunity for public comment 

before issuing this AD are impracticable 

and that good cause exists for making 

this amendment effective in fewer than 

30 days. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not precede it by notice and an 

opportunity for public comment. We 

invite you to send any written relevant 

data, views, or arguments regarding this 

AD. Send your comments to an address 

listed under the ADDRESSES section. 

Include the docket number ‘‘FAA–

2008–0955; Directorate Identifier 2008–

CE–040–AD’’ at the beginning of your 

comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of the AD. We will consider all 

comments received by the closing date 

and may amend the AD in light of those 

comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

concerning this AD. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. 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. 

We are issuing this rulemaking under 

the authority described in Subtitle VII, 

Part A, Subpart III, Section 44701, 

‘‘General Requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

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 AD will not 

have federalism implications under 

Executive Order 13132. This AD will 

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 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. 

Examining the AD Docket 

You may examine the AD docket that 

contains the AD, the regulatory 

evaluation, any comments received, and 

other information on the Internet at 

http://www.regulations.gov; or in person 

at the Docket Management Facility 

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

through Friday, except Federal holidays. 

The Docket Office (telephone (800) 647–

5527) is located at the street address 

stated in the ADDRESSES section. 

Comments will be available in the AD 

docket shortly after receipt. 

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 FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

2008–19–01 Harco Labs, Inc.: Amendment 

39–15668; Docket No. FAA–2008–0955; 

Directorate Identifier 2008–CE–040–AD. 

Effective Date 

(a) This AD becomes effective on 

September 29, 2008. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Harco Labs, Inc. 

pitot/angle of attack (AOA) probe part 

numbers (P/Ns) 100435–39, 100435–39–001, 

100435–40, and 100435–40–001; serial 

numbers 740000 through 799999; that are 

installed on, but not limited to Eclipse 

Aviation Company Model EA500 airplanes, 

certificated in any category, with: 

(1) A serial number in the range of 000001 

through 000189 where the affected probe was 

installed at manufacture; or 

(2) Any serial number where an affected 

probe was installed in the field. 

Unsafe Condition 

(d) This AD is the result of several reports 

of airspeed disagree caution indication due to 

blockage within the pitot/AOA system from 

freezing condensation. We are issuing this 

AD to detect and correct improperly 

performing pitot/AOA probe heaters, which 

could result in blockage within the pitot/ 

AOA system from condensation freezing with 

consequent incorrect indication of impact air 

pressure (airspeed/AOA). This blockage 

could lead to the stall warning becoming 

unreliable and the stick pusher, overspeed 

warning, autopilot, and yaw damper to 

malfunction. 

Compliance 

(e) To address this problem, you must do 

the following, unless already done: 


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Federal Register / Vol. 73, No. 175 / Tuesday, September 9, 2008 / Rules and Regulations 52207 

Actions Compliance Procedures 

(1) Do a logbook check of the maintenance 

records to determine if any pitot/AOA probe 

(P/Ns 100435–39, 100435–39–001, 100435–

40, or 100435–40–001) with any affected serial number is installed. If, as a result of this 

check, you positively identify that all (P/Ns 

100435–39, 100435–39–001, 100435–40, or 

100435–40–001) pitot/AOA probes installed 

do not have a serial number affected by this 

AD, then no further action is required. 

Before further flight after September 29, 2008 

(the effective date of this AD). 

The owner/operator holding at least a private 

pilot certificate as authorized by section 

43.7 of the Federal Aviation Regulations 

(14 CFR 43.7) may do the logbook check. 

Make an entry into the aircraft logbook 

showing compliance with this portion of the 

AD in accordance with section 43.9 of the 

Federal Aviation Regulations (14 CFR 

43.9). 

(2) If you find, as a result of the check required 

by paragraph (e)(1) of this AD any pitot/AOA 

probe with an affected serial number is installed or you cannot positively identify the 

serial number of any pitot/AOA probe installed, incorporate the following text into the 

Limitations section of the airplane flight manual (AFM): 

(i) ‘‘Operate Only under Day Visual Flight 

Rules (VFR)’’; and 

(ii) ‘‘File Only a VFR Flight Plan.’’

Before further flight after September 29, 2008 

(the effective date of this AD). 

The owner/operator holding at least a private 

pilot certificate as authorized by section 

43.7 of the Federal Aviation Regulations 

(14 CFR 43.7) may insert the information 

into the AFM as specified in paragraph 

(e)(2) of this AD. You may insert a copy of 

this AD into the Limitations section of the 

AFM to comply with this action. Make an 

entry into the aircraft logbook showing compliance with this portion of the AD in accordance with section 43.9 of the Federal 

Aviation Regulations (14 CFR 43.9). 

(3) If you find any pitot/AOA probe with an affected serial number is installed or you cannot positively identify the serial number of 

any pitot/AOA probe installed, test the pitot/ 

AOA probe heater performance. Completion 

of the test with all pitot/AOA probes passing 

terminates the AFM operational limitations required in paragraph (e)(2) of this AD. 

Within the next 90 days after September 29, 

2008 (the effective date of this AD). 

(i) For all probes installed in Eclipse Model 

EA500 airplanes, use Eclipse Aviation Alert 

Service Bulletin SB 500–34–019, Rev C, 

dated August 20, 2008; and (ii) For all 

probes, use Harco Labs, Inc. Service Bulletin SB–34–10–10–001, Revision F, dated 

August 19, 2008, and Harco Pitot AOA 

Probe Internal Tubing Heater Verification 

Test Procedure No. P1149, Rev: E, also 

referenced in 8. Appendix A of Harco Labs, 

Inc. Service Bulletin SB–34–10–10–001 Revision F, dated August 19, 2008. 

(4) If any pitot/AOA probe fails the test procedure specified in paragraph (e)(3) of this AD, 

replace it with a pitot/AOA probe under the 

following situations: 

(i) the replacement pitot/AOA probe serial 

number is not affected by this AD; 

(ii) the replacement pitot/AOA probe successfully passes the test procedure in 

paragraph (e)(3) of this AD; or 

(iii) the replacement pitot/AOA probe fails 

the test or is not tested and you: 

(A) comply with paragraph (e)(2) of 

this AD; and 

(B) within the next 90 days after September 29, 2008, install a pitot/AOA 

probe that meets the criteria of paragraph (e)(4)(i) or (e)(4)(ii) of this AD. 

Within the next 90 days after September 29, 

2008 (the effective date of this AD). 

Replace following Eclipse Aviation Alert Service Bulletin SB 500–34–019, Rev C, dated 

August 20, 2008, or following an FAA-approved repair procedure (e.g. the FAA-approved aircraft maintenance manual), as 

applicable. 

(5) Do not install any P/N 100435–39, 100435–

39–001, 100435–40, or 100435–40–001 pitot/ 

AOA probe unless the criteria of paragraph 

(e)(4)(i), (e)(4)(ii), or (e)(4)(iii) of this AD are 

met. 

As of September 29, 2008 (the effective date 

of this AD). 

Not applicable. 

(6) Remove the operating limitations specified 

in paragraph (e)(2) of this AD from the Limitations section of the AFM. 

Before further flight after completion of the 

test in paragraph (e)(3) of this AD with all 

pitot/AOA probes passing or replacement of 

all failed pitot/AOA probes with: (i) pitot/ 

AOA probes having serial numbers not affected by this AD; or (ii) pitot/AOA probes 

successfully passing the test following paragraph (e)(3) of this AD. 

Not applicable. 

(f) If you are required to accomplish 

paragraph (e)(3) of this AD, previously tested 

the pitot/AOA probe using Harco Labs, Inc. 

Service Bulletin SB–34–10–10–001, Revision 

E or earlier, and have a copy of the Pitot AOA 

Probe Internal Tubing Heater Verification 


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52208 Federal Register / Vol. 73, No. 175 / Tuesday, September 9, 2008 / Rules and Regulations 

Test Procedure Data Sheet for the probe being 

tested, you may use that data to accomplish 

procedure 3.1 Lines 1 through 14 or 

procedure 3.2 Lines 1 though 14, of Harco 

Pitot AOA Probe Internal Tubing Heater 

Verification Test Procedure No. P1149, Rev: 

E, also referenced in 8. Appendix A of Harco 

Labs, Inc. Service Bulletin SB–34–10–10–001 

Revision F, dated August 20, 2008. 

Special Flight Permit 

(g) Under 14 CFR 39.23, we are limiting the 

special flight permits for this AD by requiring 

you to follow the limitations in paragraph 

(e)(2) of this AD (‘‘Operate Only under Day 

Visual Flight Rules (VFR)’’ and ‘‘File Only a 

VFR Flight Plan’’). 

Alternative Methods of Compliance 

(AMOCs) 

(h) The Manager, Boston Aircraft 

Certification 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: Solomon Hecht, 

Aerospace Engineer, 12 New England 

Executive Park, Burlington, Massachusetts 

01803; telephone: (781) 238–7159; fax: (781) 

238–7170. 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 Harco Labs, Inc. Service 

Bulletin SB–34–10–10–001, Revision F, 

dated August 19, 2008; Harco Pitot AOA 

Probe Internal Tubing Heater Verification 

Test Procedure No. P1149 Rev: E also 

referenced in 8. Appendix A of Harco Labs, 

Inc. Service Bulletin SB–34–10–10–001, 

Revision F, dated August 19, 2008; and 

Eclipse Aviation Alert Service Bulletin SB 

500–34–019, Rev C, dated August 20, 2008, 

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 Harco Labs, Inc. 186 Cedar 

Street, Branford, Connecticut 06405; 

telephone: (203) 483–3700; fax: (203) 483–

3701 and Eclipse Aviation, 2503 Clark Carr 

Loop SE, Albuquerque, New Mexico 87106; 

telephone: (505) 245–7555; fax: (505) 241–

8802. 

(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 August 

29, 2008. 

Brian A. Yanez, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E8–20702 Filed 9–8–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2007–29036; Airspace 

Docket No. 07–ANM–13] 

Establish Class E Airspace; Point 

Roberts, WA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action will establish 

Class E airspace at Point Roberts, WA. 

Additional controlled airspace is 

necessary to support flight operations at 

Abbotsford Airport, BC. The FAA is 

taking this action to improve the safety 

and management of Instrument Flight 

Rules (IFR) operations at the request of 

the Canadian Government. 

DATES: Effective Date: 0901 UTC, 

November 20, 2008. The Director of the 

Federal Register approves this 

incorporation by reference action under 

1 CFR part 51, subject to the annual 

revision of FAA Order 7400.9 and 

publication of conforming amendments. 

FOR FURTHER INFORMATION CONTACT: 

Richard Roberts, Federal Aviation 

Administration, Operations Support 

Group, Western Service Area, 1601 Lind 

Avenue, SW., Renton, WA 98057; 

telephone (425) 203–4517. 

SUPPLEMENTARY INFORMATION: 

History 

On February 7, 2008, the FAA 

published in the Federal Register a 

notice of proposed rulemaking to 

establish controlled airspace at Point 

Roberts, WA (73 FR 7228). Interested 

parties were invited to participate in 

this rulemaking effort by submitting 

written comments on the proposal to the 

FAA. No comments were received. 

Class E airspace designations 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 

part 71.1. The Class E airspace 

designations listed in this document 

will be published subsequently in that 

Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) part 71 by 

establishing Class E airspace at Point 

Roberts, WA. Additional controlled 

airspace is necessary to support IFR 

operations at Abbotsford Airport, BC. 

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, 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 U.S. Code. Subtitle 1, 

Section 106 discusses 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 

controlled airspace at Point Roberts, 

WA. 

List 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 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. 


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