[Federal Register Volume 84, Number 29 (Tuesday, February 12, 2019)]
[Rules and Regulations]
[Pages 3288-3290]
[FR Doc No: 2019-01520]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0793; Product Identifier 2018-NM-057-AD; Amendment
39-19545; AD 2019-01-06]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all The
Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 series
airplanes. This AD was prompted by a report of cracks in a certain body
station (STA) frame web and doubler at fastener holes common to the
stop fitting at a certain stringer. This AD requires repetitive surface
high frequency eddy current (HFEC) inspections for cracking of the
frame web and doubler at the stop fitting at a certain stringer, and
applicable on-condition actions. We are issuing this AD to address the
unsafe condition on these products.

DATES: This AD is effective March 19, 2019.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of March 19,
2019.

ADDRESSES: For service information identified in this final rule,
contact Boeing Commercial Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA
90740-5600; phone:<PHONE_NUMBER>; internet: https://www.myboeingfleet.com. You may view this service information at the
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA.
For information on the availability of this material at the FAA, call
206-231-3195. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0793.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0793; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations (phone: 800-647-
5527) is U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Galib Abumeri, Aerospace Engineer,
Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount
Boulevard, Lakewood, CA 90712-4137; phone:<PHONE_NUMBER>; fax: 562-627-
5210; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to all The Boeing Company
Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. The
NPRM published in the Federal Register on

September 17, 2018 (83 FR 46902). The NPRM was prompted by a report of
cracks in the STA 303.9 frame web and doubler at fastener holes common
to the stop fitting at stringer 16 left (S-16L). The NPRM proposed to
require repetitive surface HFEC inspections for cracking of the STA
303.9 frame web and doubler at the stop fitting at S-16L, and
applicable on-condition actions.
    We are issuing this AD to address cracks in the STA 303.9 frame web
and doubler at the stop fitting at S-16L, which, if not addressed,
could result in the inability of a principal structural element to
sustain limit loads and possible rapid decompression of the airplane.

Comments

    We gave the public the opportunity to participate in developing
this final rule. The following presents the comments received on the
NPRM and the FAA's response to each comment.

Support for the NPRM

    Boeing concurred with the NPRM.

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that accomplishing Supplemental
Type Certificate (STC) ST01219SE does not affect the actions specified
in the NPRM.
    We concur with the commenter. We have redesignated paragraph (c) of
the proposed AD as paragraph (c)(1) of this AD and added paragraph
(c)(2) to this AD to state that installation of STC ST01219SE does not
affect the ability to accomplish the actions required by this AD.
Therefore, for airplanes on which STC ST01219SE is installed, a
``change in product'' alternative method of compliance (AMOC) approval
request is not necessary to comply with the requirements of 14 CFR
39.17.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this final rule with the changes described previously and minor
editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this final
rule.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Requirements Bulletin 737-53A1375 RB, dated
March 12, 2018. The service information describes procedures for
repetitive surface HFEC inspections for cracking of the STA 303.9 frame
web and doubler at the stop fitting at S-16L, and applicable on-
condition actions. This service information is reasonably available
because the interested parties have access to it through their normal
course of business or by the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 67 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                     Labor cost          Parts cost     Cost per product        operators
----------------------------------------------------------------------------------------------------------------
HFEC Inspections...............  13 work-hours x $85 per              $0  $1,105 per          $74,035 per
                                  hour = $1,105 per                        inspection cycle.   inspection cycle.
                                  inspection cycle.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in 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.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes and
associated appliances to the Director of the System Oversight Division.

Regulatory Findings

    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),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

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

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

2019-01-06 The Boeing Company: Amendment 39-19545; Docket No. FAA-
2018-0793; Product Identifier 2018-NM-057-AD.

(a) Effective Date

    This AD is effective March 19, 2019.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to all The Boeing Company Model 737-100, -
200, -200C, -300, -400, and -500 series airplanes, certificated in
any category.
    (2) Installation of Supplemental Type Certificate (STC)
ST01219SE does not affect the ability to accomplish the actions
required by this AD. Therefore, for airplanes on which STC ST01219SE
is installed, a ``change in product'' alternative method of
compliance (AMOC) approval request is not necessary to comply with
the requirements of 14 CFR 39.17.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by a report of cracks in the body station
(STA) 303.9 frame web and doubler at fastener holes common to the
stop fitting at stringer 16 left (S-16L). We are issuing this AD to
address cracks in the STA 303.9 frame web and doubler at the stop
fitting at S-16L, which, if not addressed, could result in the
inability of a principal structural element to sustain limit loads
and possible rapid decompression of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Required Actions for Group 1

    For airplanes identified as Group 1 in Boeing Requirements
Bulletin 737-53A1375 RB, dated March 12, 2018: Within 120 days after
the effective date of this AD, inspect the airplane and do all
applicable on-condition actions using a method approved in
accordance with the procedures specified in paragraph (j) of this
AD.

(h) Required Actions for Groups 2 Through 5

    Except as specified in paragraph (i) of this AD: For airplanes
identified as Groups 2 through 5 in Boeing Requirements Bulletin
737-53A1375 RB, dated March 12, 2018, at the applicable times
specified in the ``Compliance'' paragraph of Boeing Requirements
Bulletin 737-53A1375 RB, dated March 12, 2018, do all applicable
actions identified in, and in accordance with, the Accomplishment
Instructions of Boeing Requirements Bulletin 737-53A1375 RB, dated
March 12, 2018.
    Note 1 to paragraph (h) of this AD: Guidance for accomplishing
the actions required by this AD can be found in Boeing Alert Service
Bulletin 737-53A1375, dated March 12, 2018, which is referred to in
Boeing Requirements Bulletin 737-53A1375 RB, dated March 12, 2018.

(i) Exceptions to Service Information Specifications

    (1) For purposes of determining compliance with the requirements
of this AD: Where Boeing Requirements Bulletin 737-53A1375 RB, dated
March 12, 2018, uses the phrase ``the original issue date of
Requirements Bulletin 737-53A1375 RB,'' this AD requires using ``the
effective date of this AD.''
    (2) Where Boeing Requirements Bulletin 737-53A1375 RB, dated
March 12, 2018, specifies contacting Boeing for repair instructions,
this AD requires repair using a method approved in accordance with
the procedures specified in paragraph (j) of this AD.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles ACO Branch, FAA, has the authority
to approve AMOCs for this AD, if requested using the procedures
found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your
request to your principal inspector or local Flight Standards
District Office, as appropriate. If sending information directly to
the manager of the certification office, send it to the attention of
the person identified in paragraph (k) of this AD. Information may
be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by the Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has been authorized by the
Manager, Los Angeles ACO Branch, FAA, to make those findings. To be
approved, the repair method, modification deviation, or alteration
deviation must meet the certification basis of the airplane, and the
approval must specifically refer to this AD.

(k) Related Information

    For more information about this AD, contact Galib Abumeri,
Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch,
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5324; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Requirements Bulletin 737-53A1375 RB, dated March 12,
2018.
    (ii) [Reserved].
    (3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; phone:<PHONE_NUMBER>; internet: https://www.myboeingfleet.com.
    (4) You may view this service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on January 10, 2019.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2019-01520 Filed 2-11-19; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 226 (Monday, November 27, 2017)]
[Proposed Rules]
[Pages 55966-55968]
[FR Doc No: 2017-25567]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2017-0468; FRL-9971-20-Region 9]

Approval of Arizona Air Plan Revisions, Arizona Department of
Environmental Quality

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a revision to the Arizona Department of Environmental Quality
(ADEQ) portion of the Arizona State Implementation Plan (SIP). This
revision concerns emissions of lead-bearing fugitive dust from roads,
storage piles and other activities associated with the primary copper
smelter located in Hayden, Arizona. We are proposing to approve a state
rule and associated appendix to regulate these emissions under the
Clean Air Act (CAA or the Act). We are taking comments on this proposal
and plan to follow with a final action.

DATES: Any comments must arrive by December 27, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2017-0468 at http://www.regulations.gov, or via email to Christine
Vineyard, Rulemaking Office at [email protected]. For comments
submitted at Regulations.gov, follow the online instructions for
submitting comments. Once submitted, comments cannot be removed or
edited from Regulations.gov. For either manner

of submission, the EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e., on the Web, cloud, or other file sharing system). For
additional submission methods, please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public
comment policy, information about CBI or multimedia submissions, and
general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Christine Vineyard, EPA Region IX,
(415) 947-4125, [email protected]

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.

Table of Contents

I. The State's Submittal
    A. What rule and appendix did the State submit?
    B. Are there other versions of this rule and appendix?
    C. What is the purpose of the submitted rule and appendix?
II. The EPA's Evaluation and Action
    A. How is the EPA evaluating the rule and appendix?
    B. Do the rule and appendix meet the evaluation criteria?
    C. EPA Recommendations To Further Improve the Rule and Appendix
    D. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rule and appendix did the State submit?

    Table 1 lists the rule and appendix addressed by this proposal with
the dates that they were submitted by ADEQ.

                        Table 1--Submitted Rules
------------------------------------------------------------------------
   Local agency            Rule No.            Rule title     Submitted
------------------------------------------------------------------------
ADEQ.............  R18-2-B1301.01.........  Limits on Lead-     04/06/17
                                             Bearing
                                             Fugitive Dust
                                             from the
                                             Hayden Smelter.
ADEQ.............  Appendix 15............  Test Methods        04/06/17
                                             for
                                             Determining
                                             Opacity and
                                             Stabilization
                                             of Unpaved
                                             Roads.
------------------------------------------------------------------------

    On July 17, 2017 the EPA determined that the submittal for ADEQ
Rule R18-2-B1301.01 and Appendix 15 met the completeness criteria in 40
CFR part 51 Appendix V, which must be met before formal EPA review.

B. Are there other versions of this rule and appendix?

    There are no previous versions of Rule 18-2-B1301.01 and Appendix
15 in the SIP.

C. What is the purpose of the submitted rule and appendix?

    On November 12, 2008 the EPA published a final rule revising the
lead National Ambient Air Quality Standards (NAAQS). The revisions to
the primary and secondary lead NAAQS were to provide increased
protection for children and other at-risk populations against an array
of health effects including neurological effects. Section 110(a) of the
CAA requires States to submit regulations that control lead emissions.
ADEQ Rule R18-2-B1302.01 and Appendix 15 establish control requirements
and test methods for lead-bearing fugitive dust sources at the Hayden
primary copper smelter. The EPA's technical support document (TSD) has
more information about this rule and appendix.

II. The EPA's Evaluation and Action

A. How is the EPA evaluating the rule and appendix?

    SIP rules must be enforceable (see CAA section 110(a)(2)), must not
interfere with applicable requirements concerning attainment and
reasonable further progress or other CAA requirements (see CAA section
110(l)), and must not modify certain SIP control requirements in
nonattainment areas without ensuring equivalent or greater emissions
reductions (see CAA section 193). On September 3, 2014 the EPA issued a
final rule redesignating the Hayden, Arizona area to nonattainment for
the 2008 lead NAAQS (79 FR 52205). Under CAA section 172(c)(1), the
Arizona SIP must provide for implementation of all reasonably available
control measures (RACM), including reasonably available control
technology (RACT) for lead, and must provide for attainment of the
NAAQS in the Hayden nonattainment area. The EPA will address the
overall RACM/RACT requirement for the Hayden lead nonattainment area
separately, in the context of our action on the ``SIP Revision: Hayden
Lead Nonattainment Area'' submitted by ADEQ to the EPA on March 3,
2017. Therefore, our stringency evaluation considers whether Rule 18-2-
B1301.01 implements reasonable controls for leaded fugitive dust at the
Hayden primary copper smelter.
    Guidance and policy documents that we use to evaluate
enforceability, revision/relaxation and rule stringency requirements
for the applicable criteria pollutants include the following:

1. ``Addendum to the General Preamble for the Implementation of
Title I of the Clean Air Act Amendments of 1990'' (58 FR 67748,
December 22, 1993).
2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January 11,
1990).
3. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
4. ``Implementation of the 2008 Lead National Ambient Air Quality
Standards Guide to Developing Reasonable Available Control Measures
(RACM) for Controlling Lead Emissions,'' EPA-457/R-12-001, March
2012.

B. Do the rule and appendix meet the evaluation criteria?

    We have determined that the rule and appendix are consistent with
CAA requirements and relevant guidance regarding enforceability and SIP
revisions. R18-2-B1301.01 establishes controls for lead-bearing
fugitive dust emissions surrounding the Hayden copper smelter that
include a facility-wide 20% opacity limit, wind fences for storage
piles and chemical dust-suppression application for unpaved roads.
Appendix 15 describes appropriate test methods to help ensure
enforceability. We also have determined that R18-2-B1301.01 generally
implements reasonably available controls for lead-bearing fugitive dust
at the Hayden smelter. The TSD has more information on our evaluation.

C. EPA Recommendations To Further Improve the Rule and Appendix

    The TSD describes additional revisions that we recommend for the
next time ADEQ modifies the rule and appendix.

D. Public Comment and Proposed Action

    As authorized in section 110(k)(3) of the Act, the EPA proposes to
fully approve the submitted rule and appendix because they fulfill all
relevant requirements. We will accept comments from the public on this
proposal until December 27, 2017. If we take final action to approve
the submitted rule and appendix, our final action will incorporate them
into the federally enforceable SIP.

III. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference the ADEQ rules described in Table 1 of this preamble. The EPA
has made, and will continue to make, these materials available through
www.regulations.gov and at the EPA Region IX Office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
proposed action merely proposes to approve state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     does not provide the EPA with the discretionary authority
to address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Lead, Particulate matter,
Reporting and recordkeeping requirements.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: November 16, 2017.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2017-25567 Filed 11-24-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 117 (Tuesday, June 20, 2017)]
[Rules and Regulations]
[Pages 27990-27991]
[FR Doc No: 2017-12708]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2017-0224; Airspace Docket No. 17-ANM-10]

Amendment of Class E Airspace; Eugene, OR

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends the legal description of Class E surface
area airspace at Mahlon Sweet Field Airport, Eugene, OR, adding the
Notice to Airmen (NOTAM) part-time status. This action does not affect
the charted boundaries or operating requirements of the airspace.

DATES: Effective 0901 UTC, August 17, 2017. 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 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11A, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed on line at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call<PHONE_NUMBER>, or go to
http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Tom Clark, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    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 amends Class E airspace at Mahlon Sweet Field Airport, Eugene,
OR, to ensure the safety and management of aircraft within the National
Airspace System.

History

    The FAA Aeronautical Information Services branch found the Class E
surface area airspace at Mahlon Sweet Field Airport, Eugene, OR, as
published in FAA Order 7400.11A, Airspace Designations and Reporting
Points, requires NOTAM part-time status to avoid overlap with the part-
time Class D surface area airspace at the same airport. The FAA
inadvertently removed the NOTAM language from the regulatory text of
the Class E surface area airspace.
    Class E airspace designations are published in paragraph 6002 of
FAA Order 7400.11A dated August 3, 2016, and effective September 15,
2016, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11A dated August 3, 2016, and
effective September 15, 2016, which is incorporated by reference in 14
CFR 71.1. The Class E airspace designations listed in this document
will be published subsequently in the Order.

The Rule

    This action amends Title 14, Code of Federal Regulations (14 CFR)
part 71 by adding the following language to the legal description of
Class E surface area airspace at Mahlon Sweet Field Airport, Eugene, OR
that reads, ``This Class E airspace is effective during the specific
dates and times established in advance by a Notice to Airmen. The
effective date and time will thereafter be continuously published in
the Chart Supplement.''. This is an administrative change and does not
affect the boundaries, altitudes, or operating requirements of the
airspace, therefore, notice and public procedure under 5 U.S.C. 553(b)
is unnecessary.

Regulatory Notices and Analyses

    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 only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5a. This airspace action is not expected to
cause any potentially

significant environmental impacts, and no extraordinary circumstances
exist that warrant preparation of an environmental assessment.

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

0
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.

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11A,
Airspace Designations and Reporting Points, dated August 3, 2016,
effective September 15, 2016, is amended as follows:

Paragraph 6002 Class E Airspace Designated as Surface Areas.

* * * * *

ANM OR E2 Eugene, OR [Amended]

Mahlon Sweet Field Airport, OR
    (Lat. 44[deg]07'29'' N., long. 123[deg]12'43'' W.)

    That airspace extending upward from the surface within a 4.6-
mile radius of Mahlon Sweet Field Airport. This Class E airspace
area is effective during the specific dates and times established in
advance by a Notice to Airmen. The effective date and time will
thereafter be continuously published in the Chart Supplement.

    Issued in Seattle, Washington, on June 13, 2017.
Sam S.L. Shrimpton,
Acting Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2017-12708 Filed 6-19-17; 8:45 am]
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