Federal Register / Vol. 73, No. 195 / Tuesday, October 7, 2008 / Proposed Rules 58509 

quantity, adding a minimum fuel quantity 

limitation for operation of the fuel booster 

pump, inspecting the fuel booster pump 

electrical harness of the left- and right-hand 

fuel tanks for damage, replacing any fuel 

booster pump having a damaged electrical 

harness, installing clamps on the tank 

structure, and installing tie down straps for 

the fuel booster pump electrical harness. 

Actions and Compliance 

(f) Unless already done, do the following 

actions. 

(1) Within 30 days after the effective date 

of this AD, insert in the Limitations section 

of the AFM a copy of this AD or the 

following statement: 

‘‘The minimum fuel quantity inside each 

tank must be 300 kg (662 pounds) or 370 

liters (97.75 gallons).’’ 

(2) As of the effective date of this AD, any 

fuel tank defueling or other maintenance 

action which demands use of the fuel booster 

pumps is limited to a minimum fuel quantity 

of no less than 300 kilograms (662 pounds) 

or 370 liters (97.75 gallons) inside the 

respective tank. 

(3) Within 4,000 flight hours, or 24 months, 

or at the next scheduled or unscheduled fuel 

tank opening after the effective date of this 

AD, whichever occurs first, do the following 

actions: 

(i) Inspect the fuel booster pump electrical 

harness of the left- and right-hand fuel tanks 

for damage on its external protection, in 

accordance with paragraph 3.F. (Part I) of the 

Accomplishment Instructions of EMBRAER 

Service Bulletin 120–28–0016, dated January 

9, 2008. If any damaged fuel booster pump 

electrical harness is found, before further 

flight, replace the affected fuel booster pump 

with another fuel booster pump bearing the 

same part number, in accordance with 

EMBRAER Service Bulletin 120–28–0016, 

dated January 9, 2008. 

(ii) Install clamps and tie down straps on 

the tank structure and attach each fuel 

booster pump electrical harness to the leftand right-hand fuel tanks to avoid eventual 

chafing against the pump body, adjacent fuel 

lines, structure or any other part, and to 

prevent damage to the harness protective 

layers, in accordance with paragraph 3.G. 

(Part II) of the Accomplishment Instructions 

of EMBRAER Service Bulletin 120–28–0016, 

dated January 9, 2008. 

(4) After complying with the actions in 

paragraphs (f)(3)(i) and (f)(3)(ii) of this AD, 

the limitations imposed by paragraphs (f)(1) 

and (f)(2) of this AD are no longer required, 

and the AFM revision required by paragraph 

(f)(1) of this AD may be removed from the 

AFM. 

FAA AD Differences 

Note: This AD differs from the MCAI and/ 

or service information as follows: No 

differences. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, Transport Airplane 

Directorate, 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: Sanjay Ralhan, 

Aerospace Engineer, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–1405; fax (425) 227–1149. 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. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act, 

the Office of Management and Budget (OMB) 

has approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to MCAI Brazilian Airworthiness 

Directive 2008–05–01, effective June 13, 

2008; and EMBRAER Service Bulletin 120– 

28–0016, dated January 9, 2008; for related 

information. 

Issued in Renton, Washington, on 

September 29, 2008. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E8–23666 Filed 10–6–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–1065; Directorate 

Identifier 2008–NM–126–AD] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 727 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for certain 

Boeing Model 727 airplanes. This 

proposed AD would require, among 

other actions, installing new ground 

fault interrupter (GFI) relays for the 

main fuel tanks and the auxiliary fuel 

tank pumps. This proposed AD also 

would require revising the FAAapproved maintenance program to 

incorporate new Airworthiness 

Limitations (AWLs) for the GFI of the 

boost pumps and for the uncommanded 

on system for the auxiliary fuel tank 

pumps. This proposed AD results from 

fuel system reviews conducted by the 

manufacturer. We are proposing this AD 

to prevent an electrical fault in the fuel 

pump system, which might cause a 

connector or end cap to burn through 

and a subsequent fire or explosion 

inside the fuel pump or wing spar area. 

We are also proposing this AD to 

prevent uncommanded operation of the 

auxiliary fuel tank pumps, which can 

cause them to run dry. This condition 

will increase pump temperature and 

could supply an ignition source to 

fumes in the fuel tank, which can result 

in a consequent fire or explosion. 

DATES: We must receive comments on 

this proposed AD by November 21, 

2008. 

ADDRESSES: You may send comments by 

any of the following methods: 

• 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. 

For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, P.O. Box 3707, Seattle, 

Washington 98124–2207. 

Examining the AD Docket 

You may examine the AD docket 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 AD 

docket contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Office 

(telephone 800–647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: 

Binh Tran, Aerospace Engineer, Systems 

and Equipment Branch, ANM–130S, 

FAA, Seattle Aircraft Certification 

Office, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 917–6485; fax (425) 917–6590. 


pwalker on PROD1PC71 with PROPOSALS
58510 Federal Register / Vol. 73, No. 195 / Tuesday, October 7, 2008 / Proposed Rules 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2008–1065; Directorate Identifier 

2008–NM–126–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD because 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 

about this proposed AD. 

Discussion 

The FAA has examined the 

underlying safety issues involved in fuel 

tank explosions on several large 

transport airplanes, including the 

adequacy of existing regulations, the 

service history of airplanes subject to 

those regulations, and existing 

maintenance practices for fuel tank 

systems. As a result of those findings, 

we issued a regulation titled ‘‘Transport 

Airplane Fuel Tank System Design 

Review, Flammability Reduction and 

Maintenance and Inspection 

Requirements’’ (66 FR 23086, May 7, 

2001). In addition to new airworthiness 

standards for transport airplanes and 

new maintenance requirements, this 

rule included Special Federal Aviation 

Regulation No. 88 (‘‘SFAR 88,’’ 

Amendment 21–78, and subsequent 

Amendments 21–82 and 21–83). 

Among other actions, SFAR 88 

requires certain type design (i.e., type 

certificate (TC) and supplemental type 

certificate (STC)) holders to substantiate 

that their fuel tank systems can prevent 

ignition sources in the fuel tanks. This 

requirement applies to type design 

holders for large turbine-powered 

transport airplanes and for subsequent 

modifications to those airplanes. It 

requires them to perform design reviews 

and to develop design changes and 

maintenance procedures if their designs 

do not meet the new fuel tank safety 

standards. As explained in the preamble 

to the rule, we intended to adopt 

airworthiness directives to mandate any 

changes found necessary to address 

unsafe conditions identified as a result 

of these reviews. 

In evaluating these design reviews, we 

have established four criteria intended 

to define the unsafe conditions 

associated with fuel tank systems that 

require corrective actions. The 

percentage of operating time during 

which fuel tanks are exposed to 

flammable conditions is one of these 

criteria. The other three criteria address 

the failure types under evaluation: 

Single failures, single failures in 

combination with a latent condition(s), 

and in-service failure experience. For all 

four criteria, the evaluations included 

consideration of previous actions taken 

that may mitigate the need for further 

action. 

We have determined that the actions 

identified in this AD are necessary to 

reduce the potential of ignition sources 

inside fuel tanks, which, in combination 

with flammable fuel vapors, could result 

in fuel tank explosions and consequent 

loss of the airplane. 

We have determined that the fuel 

pump control system on certain Model 

727 airplanes must be changed by 

installing ground fault interrupter (GFI) 

relays that will interrupt the electrical 

power to the fuel pumps when a ground 

fault is detected. The GFI relays will 

remove the 115VAC power from the fuel 

pumps before electrical arcing can 

occur. An electrical fault in the fuel 

pump system, if not corrected, might 

cause a connector or end cap to burn 

through and a subsequent fire or 

explosion inside the fuel pump or wing 

spar area. 

In addition, we have determined that 

electrical faults within the fuel tank 

pump system on certain Model 727–100 

and –200 series airplanes can cause a 

pump to operate when the pump switch 

is in the ‘‘OFF’’ position (referred to as 

‘‘uncommanded on’’ (UCO) pump 

operation). Uncommanded operation of 

the auxiliary fuel tank pumps can cause 

them to run dry, which will increase 

pump temperature and could supply an 

ignition source to fumes in the fuel tank, 

and result in a consequent fire or 

explosion. 

Relevant Service Information 

We have reviewed Boeing Alert 

Service Bulletin 727–28A0128, dated 

April 4, 2008. The service bulletin 

describes procedures for installing new 

GFI relays for the main fuel tanks and 

the auxiliary fuel tank pumps and doing 

other specified actions. The other 

specified actions include installing new 

wires and modifying some existing 

wires to support the installation of the 

new GFI relays. 

We also have reviewed Boeing Alert 

Service Bulletin 727–28A0130, dated 

April 30, 2008. The service bulletin 

describes procedures for: 

• Installing new ground blocks, track, 

switch mounting bracket, relay 

mounting bracket, toggle switches, and 

relays, and making changes to the wire 

bundles in the GFI relay panel in the 

electronic equipment bay; and 

• Installing new circuit breakers and 

lights and making changes to wire 

bundles on the third crewman’s P6 and 

P4 panels in the flight compartment. 

For certain airplanes identified in 

Boeing Alert Service Bulletin 727– 

28A0128, the procedures specified in 

Boeing Alert Service Bulletin 727– 

28A0130 must be done concurrently 

with the procedures specified in Boeing 

Alert Service Bulletin 727–28A0128. 

In addition, we have reviewed 

‘‘Boeing 727–100/200 Airworthiness 

Limitations (AWLs),’’ D6–8766–AWL, 

Revision August 2007 (hereafter referred 

to as ‘‘Document D6–8766–AWL’’). 

Document D6–8766–AWL describes, 

among other actions, new AWLs for the 

GFI of the boost pumps (i.e., 28–AWL– 

16) and for the Auxiliary Tanks Boost 

Pump Uncommanded On System (i.e., 

28–AWL–17). 

FAA’s Determination and Requirements 

of This Proposed AD 

We are proposing this AD because we 

evaluated all relevant information and 

determined the unsafe condition 

described previously is likely to exist or 

develop in other products of the(se) 

same type design(s). This proposed AD 

would require the following actions: 

• Installing new GFI relays for the 

main fuel tanks and the auxiliary fuel 

tank pumps. 

• For certain airplanes, installing new 

ground blocks, track, switch mounting 

bracket, relay mounting bracket, toggle 

switches, and relays, and changing the 

wire bundles in the GFI relay panel in 

the electronic equipment bay. 

• For certain airplanes, installing new 

circuit breakers and lights and changing 

wire bundles on the third crewman’s P6 

and P4 panels in the flight 

compartment. 

• Revising the FAA-approved 

maintenance program to incorporate 

AWL numbers 28–AWL–16 and 28– 

AWL–17, which would require 

repetitive inspections of the GFI of the 

boost pumps and of the uncommanded 

on system for the auxiliary fuel tank 

pumps, respectively. 

Costs of Compliance 

We estimate that this proposed AD 

would affect 199 airplanes of U.S. 

registry. The following table provides 

the estimated costs for U.S. operators to 

comply with this proposed AD. 


pwalker on PROD1PC71 with PROPOSALS
Federal Register / Vol. 73, No. 195 / Tuesday, October 7, 2008 / Proposed Rules 58511 

TABLE—ESTIMATED COSTS

Action Work hours 

Average 

labor rate 

per hour 

(dollars) 

Parts Cost per 

product 

Number 

of U.S.- 

registered 

airplanes 

Fleet cost 

Installation of new 

GFI relays.

Between 202 and 

416 1.

$80 Between $30,619 

and $59,785 1.

Between $46,779 

and $93,065 1.

199 Between $9,309,021 

and $18,519,935 1. 

Concurrent Requirements.Between 68 and 

209 1.

80 Between $1,292 and 

$10,470 1.

Between $6,732 and 

$27,190 1.

35 Between $235,620 

and $951,650 1. 

Revision of FAA-approved maintenance program.1 .............................. 80 None ........................ $80 .......................... 199 $15,920. 

1 Depending on the airplane configuration. 

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 proposed AD 

would not have federalism implications 

under Executive Order 13132. This 

proposed AD would 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 this proposed regulation: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

2. Is not a ‘‘significant rule’’ under the 

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. 

You can find our regulatory 

evaluation and the estimated costs of 

compliance in the AD Docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 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 AD: 

Boeing: Docket No. FAA–2008–1065; 

Directorate Identifier 2008–NM–126–AD. 

Comments Due Date 

(a) We must receive comments by 

November 21, 2008. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Boeing Model 727, 

727C, 727–100, 727–100C, 727–200, and 

727–200F series airplanes, certificated in any 

category; as identified in Boeing Alert 

Service Bulletin 727–28A0128, dated April 4, 

2008. 

Note 1: This AD requires revisions to 

certain operator maintenance documents to 

include new inspections. Compliance with 

these inspections is required by 14 CFR 

91.403(c). For airplanes that have been 

previously modified, altered, or repaired in 

the areas addressed by these inspections, the 

operator may not be able to accomplish the 

inspections described in the revisions. In this 

situation, to comply with 14 CFR 91.403(c), 

the operator must request approval for an 

alternative method of compliance (AMOC) 

according to paragraph (j) of this AD. The 

request should include a description of 

changes to the required inspections that will 

ensure the continued operational safety of 

the airplane. 

Unsafe Condition 

(d) This AD results from fuel system 

reviews conducted by the manufacturer. We 

are issuing this AD to prevent an electrical 

fault in the fuel pump system, which might 

cause a connector or end cap to burn through 

and a subsequent fire or explosion inside the 

fuel pump or wing spar area. We are also 

issuing this AD to prevent uncommanded 

operation of the auxiliary fuel tank pumps, 

which can cause them to run dry. This 

condition will increase pump temperature 

and could supply an ignition source to fumes 

in the fuel tank, which can result in a 

consequent fire or explosion. 

Compliance 

(e) Comply with this AD within the 

compliance times specified, unless already 

done. 

Installation 

(f) Within 60 months after the effective 

date of this AD, install new ground fault 

interrupter (GFI) relays for the main fuel 

tanks and the auxiliary fuel tank pumps and 

do all the other specified actions by 

accomplishing all the applicable actions 

specified in the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

727–28A0128, dated April 4, 2008. 

Concurrent Requirements 

(g) For airplanes identified as Groups 5 

through 18 inclusive, in Boeing Alert Service 

Bulletin 727–28A0128, dated April 4, 2008: 

Concurrently with the installation required 

by paragraph (f) of this AD, do the actions 

specified in paragraphs (g)(1) and (g)(2) of 

this AD in accordance with the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin 727–28A0130, dated April 

30, 2008. 

(1) Install new ground blocks, track, switch 

mounting bracket, relay mounting bracket, 

toggle switches, and relays, and make 

changes to the wire bundles in the GFI relay 

panel in the electronic equipment bay. 

(2) Install new circuit breakers and lights 

and make changes to wire bundles on the 

third crewman’s P6 and P4 panels in the 

flight compartment. 

Maintenance Program Revision 

(h) Concurrently with accomplishing the 

installation required by paragraph (f) of this 

AD, revise the FAA-approved maintenance 

program by incorporating AWLs numbers 

28–AWL–16 and 28–AWL–17 of Section D of 


pwalker on PROD1PC71 with PROPOSALS
58512 Federal Register / Vol. 73, No. 195 / Tuesday, October 7, 2008 / Proposed Rules 

the ‘‘Boeing 727–100/200 Airworthiness 

Limitations (AWLs),’’ D6–8766–AWL, 

Revision August 2007 (hereafter referred to as 

‘‘Document D6–8766–AWL.’’) 

No Alternative Inspection or Inspection 

Intervals 

(i) After accomplishing the action required 

by paragraph (h) of this AD, no alternative 

inspections or inspection intervals may be 

used, unless the inspections or intervals are 

approved as an AMOC in accordance with 

the procedures specified in paragraph (j) of 

this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(j)(1) The Manager, Seattle Aircraft 

Certification Office (ACO), FAA, ATTN: Binh 

Tran, Aerospace Engineer, Systems and 

Equipment Branch, ANM–130S, FAA, Seattle 

ACO, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

917–6485; fax (425) 917–6590; 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. 

Issued in Renton, Washington, on 

September 18, 2008. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E8–23668 Filed 10–6–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2008–0960; Airspace 

Docket No. 08–ASW–17] 

Proposed Establishment of Class D 

and Class E Airspace; Conroe, TX 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This action proposes to 

establish Class D airspace and Class E 

Surface Area airspace at Lone Star 

Executive Airport, Conroe, TX. The 

establishment of an air traffic control 

tower has made these actions necessary 

for the safety of Instrument Flight Rule 

(IFR) operations at Lone Star Executive 

Airport. Class D airspace will revert to 

a Class E2 Surface Area during periods 

when the control tower is not operating. 

DATES: Comments must be received on 

or before November 21, 2008. 

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– 

0960/Airspace Docket No. 08–ASW–17, 

at the beginning of your comments. You 

may also submit comments through 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. The 

Docket Office (telephone 1–800–647– 

5527) is on the ground floor of the 

building at the above address. 

FOR FURTHER INFORMATION CONTACT: 

Scott Enander, Central Service Area, 

System Support Group, Federal 

Aviation Administration, Southwest 

Region, 2601 Meacham Blvd., Fort 

Worth, TX 76193–0530; telephone: (817) 

222–5582. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested parties are invited to 

participate in this proposed rulemaking 

by submitting such written data, views, 

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. 

Commenters wishing the FAA to 

acknowledge 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–2008–0960/Airspace 

Docket No. 08–ASW–17.’’ The postcard 

will be date/time stamped and returned 

to the commenter. 

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 Superintendent of 

Document’s Web page at http:// 

www.access.gpo.gov/nara. 

Additionally, any person may obtain 

a copy of this notice by submitting a 

request to the Federal Aviation 

Administration (FAA), Office of Air 

Traffic Airspace Management, ATA– 

400, 800 Independence Avenue, SW., 

Washington, DC 20591, or by calling 

(202) 267–8783. Communications must 

identify both docket numbers for this 

notice. 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 

This action proposes to amend Title 

14, Code of Federal Regulations (14 

CFR), Part 71 by establishing a Class D 

airspace area and Class E Surface Area 

for IFR operations at Lone Star 

Executive Airport, Conroe, TX. The 

Class D airspace will revert to a Class E 

Surface Area during those periods when 

the control tower is not operating. These 

areas would be depicted on appropriate 

aeronautical charts. 

Class D airspace areas are published 

in Paragraph 5000 of FAA Order 

7400.9R, dated August 15, 2007, and 

effective September 15, 2007, which is 

incorporated by reference in 14 CFR 

71.1. The Class D airspace designation 

listed in this document would be 

published subsequently in the Order. 

Class E Surface Areas are published in 

Paragraph 6002 of FAA Order 7400.9R, 

dated August 15, 2007, and effective 

September 15, 2007, which is 

incorporated by reference in 14 CFR 

71.1. The Class E Surface Area 

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 U.S. Code. 


pwalker on PROD1PC71 with PROPOSALS