Federal Register / Vol. 69, No. 188 / Wednesday, September 29, 2004 / Rules and Regulations 58047

TABLE 2.—PERFORMANCE PENALTIES—Continued

AFM sections AFM limits with de-ice boot patch limits exceeded

(Note: Flap settings as applicable to aircraft model) 

4th Seg. Net Gradient ....................................................................... Subtract: 0.012 (flap 0°). 

Flap Retraction Initiation Speed ........................................................ Add: 5 kt (flap 5°); 5 kt (flap 10°); 5 kt (flap 15°). 

Enroute Climb Data: Sub-Section 5–7: 

Enroute Climb Speed ........................................................................ Add: 5 kt. 

Net Climb Gradient ............................................................................ Subtract: 0.004. 

OEI-Climb Ceiling .............................................................................. Subtract: 1,200 ft. 

Landing Speed: Sub-Section 5–8: 

Approach, Go-around & Vref ............................................................ Add: 5 kt (flap 5°); 5 kt (flap 10°); 5 kt (flap 15°); 5 kt (flap 35°). 

Landing WAT Limit: Sub-Section 5–9: 

Note: Weight reduction not required when limited by maximum 

structural weight.

Subtract: 860 kg, 1,900 lb.(flap 10°); 225 kg, 500 lb. (flap 15°); 180 kg, 

400 lb. (flap 35°). 

Landing Climb Data: Sub-Section 5–10: 

Approach Gross Climb Gradient ....................................................... Subtract: 0.010 (flap 5°); 0.003 (flap 10°); 0.002 (flap 15°). 

Balked Landing Gross Climb Gradient ............................................. Subtract: 0.035 (flap 10°); 0.017 (flap 15°); 0.016 (flap 35°). 

Landing Field Length: Sub-Section 5–11: Add: 23% (flap 10°); 16% (flap 15°); 10% (flap 35°). 

Brake Energy: Sub-Section 5–12: 

Accel/Stop B.E .................................................................................. Add: 7% (flap 0°); 7% (flap 5°); 7% (flap 10°); (flap 15°). 

Landing B.E ....................................................................................... Add: 30% (flap 10°); 20% (flap 15°); 8% (flap 35°). 

(3) Do the replacements described in 

paragraph (c)(2) of this AD per a method 

approved by either the Manager, Systems and 

Flight Test Branch, ANE–172, FAA, New 

York Aircraft Certification Office (ACO), or 

Transport Canada Civil Aviation (TCCA) (or 

its delegated agent). The applicable chapter 

of the applicable Bombardier Aircraft 

Maintenance Manual (AMM) or in the 

temporary revision listed in Table 3 of this 

AD is one approved method.

TABLE 3.—AMM REFERENCE

Model AMM Product support 

manual (PSM) Chapter Temporary revision (TR) Date 

DHC–8–101, –102, –103, and –106 Series 100 ........... 1–8–2 .................. 30–10–48 ............ TR 30–35 ............ October 28, 2003. 

DHC–8–201, and –202 ..................... Series 200 ........... 1–82–2 ................ 30–12–00 ............ TR 30–025 .......... August 28, 2003. 

DHC–8–301, –311, and –315 ........... Series 300 ........... 1–83–2 ................ 30–10–48 ............ TR 30–25 ............ October 21, 2003. 

Parts Installation 

(d) As of the effective date of this AD, no 

person may install—on any airplane—a deicer boot patch in the critical zone of the 

wing de-icer boots that exceeds the patch 

limits specified in paragraph (a) of this AD. 

Actions Accomplished Previously 

(e) Actions that were accomplished before 

the effective date of this AD per the 

applicable chapters of the following AMMs is 

acceptable for compliance with the 

corresponding action in this AD: DHC–8–

101, –102, and –106 Series 100 AMM, PSM 

1–8–2, Chapter 30–10–48, Revision 49, dated 

October 3, 2001; DHC–8–201, and –202 

Series 200 AMM, PSM 1–82–2, Chapter 30–

12–00, Revision 11, dated October 19, 2001; 

and Temporary Revision 30–21 to the DHC–

8–301, –311, and –315 Series 300 AMM, PSM 

1–83–2, Chapter 30–10–48, dated October 30, 

2001. 

Alternative Methods of Compliance 

(f) In accordance with 14 CFR 39.19, the 

Manager, New York ACO, FAA, is authorized 

to approve alternative methods of 

compliance for this AD.

Note 2: The subject of this AD is addressed 

in Canadian airworthiness directive CF–

2001–43, dated November 23, 2001.

Effective Date 

(g) This amendment becomes effective on 

November 3, 2004.

Issued in Renton, Washington, on 

September 16, 2004. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 04–21646 Filed 9–28–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 71

[Docket No. FAA–2004–18824; Airspace 

Docket No. 04–ACE–50] 

Modification of Class D Airspace; and 

Modification of Class E Airspace; 

Joplin, MO

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Direct final rule; request for 

comments. 

SUMMARY: This action amends Title 14 

Code of Federal Regulations, part 71 (14 

CFR 71) by revising Class D and Class 

E airspace areas at Joplin, MO. A review 

of the controlled airspace areas at 

Joplin, MO revealed noncompliance 

with criteria for diverse departures from 

Joplin Regional Airport. The review also 

identified other discrepancies in the 

legal descriptions for the Joplin, MO 

Class E airspace areas. The intended 

effect of this rule is to provide 

controlled airspace of appropriate 

dimensions to protect aircraft departing 

from and executing Standard Instrument 

Approach Procedures (SIAPs) to Joplin 

Regional Airport. It also corrects 

discrepancies in the legal descriptions 

of Joplin, MO Class D and Class E 

airspace areas and brings the airspace 

areas and legal descriptions into 

compliance with FAA Orders.

DATES: This direct final rule is effective 

on 0901 UTC, January 20, 2005. 

Comments for inclusion in the Rules 

Docket must be received on or before 

November 8, 2004.

ADDRESSES: Send comments on this 

proposal to the Docket Management 

System, U.S. Department of 

Transportation, Room Plaza 401, 400 

Seventh Street, SW., Washington, DC 

20590–0001. You must identify the 

58048 Federal Register / Vol. 69, No. 188 / Wednesday, September 29, 2004 / Rules and Regulations 

docket number FAA–2004–18824/

Airspace Docket No. 04–ACE–50, at the 

beginning of your comments. You may 

also submit comments on the Internet at 

http://dms.dot.gov. You may review the 

public docket containing the proposal, 

any comment 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 plaza level 

of the Department of Transportation 

NASSIF Building at the above address.

FOR FURTHER INFORMATION CONTACT:

Brenda Mumper, Air Traffic Division, 

Airspace Branch, ACE–520A, DOT 

Regional Headquarters Building, Federal 

Aviation Administration, 901 Locust, 

Kansas City, MO 64106; telephone: 

(816) 329–2524.

SUPPLEMENTARY INFORMATION: This 

amendment to 14 CFR 71 modifies the 

Class D airspace area, the Class E 

airspace area designated as a surface 

area and the Class E airspace area 

extending upward from 700 feet above 

the surface at Joplin, MO. An 

examination of controlled airspace for 

Joplin, MO revealed that the Class D 

airspace area and the Class E airspace 

area designated as a surface area do not 

comply with airspace requirements for 

diverse departures from Joplin Regional 

Airport as set forth in FAA Order 

7400.2E, Procedures for Handling 

Airspace Matters. The examination also 

revealed that the dimensions and 

descriptions of extensions to the Class E 

airspace area extending upward from 

700 feet above the surface do not 

comply with FAA Order 8260.19C, 

Flight Procedures and Airspace.

This action expands the Joplin, MO 

Class D and Class E airspace area 

designated as a surface area from a 4.2-

mile to a 4.3-mile radius of Joplin 

Regional Airport. It also defines the 

centerline of the northwest extension to 

the Class E airspace area extending 

upward from 700 feet above the surface 

in relation to the 318° bearing from 

LUNNS LOM, decreases the width of 

this extension from 2.6 to 1.9 miles each 

side of centerline and decreases the 

length from 7.4 to 7 miles from LUNNS 

LOM. Additionally, the southeast 

extension to the Class E airspace area 

extending upward from 700 feet above 

the surface is no longer required and is 

deleted from the legal description. 

These modifications provide 

controlled airspace of appropriate 

dimensions to protect aircraft departing 

from the executing SIAPs to Joplin 

Regional Airport and bring the legal 

descriptions of the Joplin, MO Class D 

and Class E airspace areas into 

compliance with FAA Orders 7400.2E 

and 8260.19C. Class D airspace areas are 

published in Paragraph 5000 of FAA 

Order 7400.9M, dated August 30, 2004, 

and effective September 16, 2004, which 

is incorporated by reference in 14 CFR 

71.1. Class E airspace areas designated 

as surface areas and Class E airspace 

areas extending upward from 700 feet or 

more above the surface of the earth are 

published in Paragraphs 6002 and 6005 

respectively of the same FAA Order. 

The Class D and Class E airspace 

designations listed in this document 

will be published subsequently in the 

Order. 

The Direct Final Rule Procedure 

The FAA anticipates that this 

regulation will not result in adverse or 

negative comment and, therefore, is 

issuing it as a direct final rule. Previous 

actions of this nature have not been 

controversial and have not resulted in 

adverse comments or objections. Unless 

a written adverse or negative comment, 

or a written notice of intent to submit 

an adverse or negative comment is 

received within the comment period, 

the regulations will become effective on 

the date specified above. After the close 

of the comment period, the FAA will 

publish a document in the Federal 

Register indicating that no adverse or 

negative comments were received and 

confirming the data on which the final 

rule will become effective. If the FAA 

does receive, within the comment 

period, an adverse or negative comment, 

or written notice of intent to submit 

such a comment, a document 

withdrawing the direct final rule will be 

published in the Federal Register, and 

a notice of proposed rulemaking may be 

published with a new comment period. 

Comments Invited 

Interested parties are invited to 

participate in this rulemaking by 

submiting 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 to 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–2004–18824/Airspace 

Docket No. 04–ACE–50.’’ The postcard 

will be date/time stamped and returned 

to commenter. 

Agency Findings 

The regulations adopted herein 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. Therefore, it is 

determined that this final rule does not 

have federalism implications under 

Executive Order # 13132.

The FAA has determined that this 

regulation is noncontroversial and 

unlikely to result in adverse or negative 

comments. For the reasons discussed in 

the preamble, I certify that this 

regulation: (1) Is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866; (2) is not a ‘‘significant 

rule’’ under Department of 

Transportation (DOT) Regulatory 

Policies and Procedures (44 FR 11034, 

February 26, 1979); and (3) if 

promulgated, 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 14 CFR Part 71

Airspace, Incorporation by reference, 

Navigation (air).

Adoption of the Amendment

■ Accordingly, the Federal Aviation 

Administration amends 14 CFR part 71 

as follows:

PART 71—DESIGNATION OF CLASS A, 

CLASS B, CLASS C, CLASS D, AND 

CLASS E AIRSPACE AREAS; 

AIRWAYS; ROUTES; AND REPORTING 

POINTS

■ 1. The authority citation for part 71 

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389.

§ 71.1 [Amended]

■ 2. The incorporation by reference in 14 

CFR 71.1 of Federal Aviation 

Administration Order 7400.9M, dated 

August 30, 2004, and effective 

September 16, 2004, is amended as 

follows:

Paragraph 5000 Class D Airspace.

* * * * *

ACE MO D Joplin, MO 

Joplin Regional Airport, MO 

(Lat. 37°09′07′′ N., long. 94°29′54′′ W.)

Federal Register / Vol. 69, No. 188 / Wednesday, September 29, 2004 / Rules and Regulations 58049

That airspace extending upward from the 

surface to and including 3,500 feet MSL 

within a 4.3-mile radius of Joplin Regional 

Airport. This Class D 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 

Airport/Facility Directory.

* * * * *

Paragraph 6002 Class E Airspace 

Designated as Surface Areas.

* * * * *

ACE MO E2 Joplin, MO 

Joplin Regional Airport, MO 

Lat. 37°09′07′′ N., long. 94°29′54′′ W.)

Within a 4.3-mile radius of Joplin Regional 

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 

Airport/Facility Directory.

* * * * *

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth.

* * * * *

ACE MO E5 Joplin, MO 

Joplin regional Airport, MO 

(Lat. 37°09′07′′ N., long. 94°29′54′′ W.) 

LUNNS LOM 

(Lat. 37°12′11′′ N., long 94°33′31′′ W.)

That airspace extending upward from 700 

feet above the surface within a 6.8-mile 

radius of Joplin Regional Airport and within 

1.9 miles each side of the 318° bearing from 

the LUNNS LOM extending from the 6.8-mile 

radius of the airport to 7 miles northwest of 

the LOM.

* * * * *

Issued in Kansas City, MO, on September 

17, 2004. 

Paul J. Sheridan, 

Manager, Air Traffic Division, Central Region.

[FR Doc. 04–21862 Filed 9–28–04; 8:45 am] 

BILLING CODE 4910–13–M

DEPARTMENT OF COMMERCE

Bureau of Industry and Security 

15 CFR Part 744 

[Docket No. 040713207–4207–01] 

RIN 0694–AD13 

India: Removal of Indian Entity and 

Revision in License Review Policy for 

Certain Indian Entities; and a 

Clarification; Correction

AGENCY: Bureau of Industry and 

Security, Commerce.

ACTION: Final rule.

SUMMARY: On September 22, 2004, the 

Bureau of Industry and Security 

published a Federal Register document 

that, inter alia, removed an Indian entity 

from the Entity List and revised 

licensing policies for other Indian 

entities in the Export Administration 

Regulations. That notice was 

misprinted, containing typographical 

errors in the statement of licensing 

policy with respect to two Indian 

Department of Atomic Energy entities 

that are subject to International Atomic 

Energy Agency safeguards and in 

statements of Federal Register citations 

amending the Entity List. Additionally, 

the preamble in that notice should have 

stated that the licensing policy for the 

‘‘balance of plant’’ portion of Indian 

nuclear facilities subject to International 

Atomic Energy Agency safeguards 

(Rajasthan 1 & 2 and Tarapur 1 & 2) is 

a presumption of approval for items not 

multilaterally controlled for nuclear 

proliferation reasons. This document 

corrects those errors.

DATES: This rule is effective September 

23, 2004.

FOR FURTHER INFORMATION CONTACT:

Eileen M. Albanese, Office of Exporter 

Services, Bureau of Industry and 

Security, telephone: (202) 482–0436.

List of Subjects in 15 CFR Part 744 

Exports, Reporting and recordkeeping 

requirements, Terrorism.

■ Accordingly, for the reasons set forth 

in the preamble, 15 CFR part 744 is 

amended as follows:

PART 744—[AMENDED]

■ 1. The authority citation for 15 CFR 

part 744 is revised to read as follows:

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 

42 U.S.C. 2139a; Sec. 901–911, Pub. L. 106–

387; Sec. 221, Pub. L. 107–56; E.O. 12058, 43 

FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 

12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 

608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 

Comp., p. 950; E.O. 12947, 60 FR 5079, 3 

CFR, 1995 Comp., p. 356; E.O. 13026, 61 FR 

58767, 3 CFR, 1996 Comp., p. 228; E.O. 

13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 

208, E.O. 13222, 66 FR 44025, 3 CFR, 2001 

Comp., p. 783; E.O. 13224, 66 FR 49079, 3 

CFR, 2001 Comp., p. 786; Notice of October 

29, 2003, 68 FR 62209, 3 CFR, 2003 Comp., 

p. 347; Notice of August 6, 2004, 69 FR 48763 

(August 10, 2004).

§ 744.1 [Corrected]

■ 2. In Supplement No. 4 to part 744, 

under the country of ‘‘India’’, the entities 

‘‘Indian Space Research Organization 

(ISRO) headquarters in Bangalore’’ and 

‘‘Department of Atomic Energy Agency 

entities’’ are revised to read as follows:

SUPPLEMENT NO. 4 TO PART 744—ENTITY LIST

Country/Entity License requirement License review policy Federal Register citation 

* * * * * * * 

INDIA 

The following Indian Space Research Organization 

(ISRO) subordinate entities: 

—ISRO Telemetry, Tracking and Command Network (ISTRAC);.

—ISRO Inertial Systems Unit (IISU), 

Thiruvananthapuram;.

—Liquid Propulsion Systems Center; .....................

—Solid Propellant Space Booster Plant (SPROB); 

—Space Applications Center (SAC), Ahmadabad;

—Sriharikota Space Center (SHAR); ......................

—Vikram Sarabhai Space Center (VSSC), 

Thiruvananthapuram.

For all items subject to the 

EAR having a classification other than (1) 

EAR99 or (2) a classification where the third 

through fifth digits of the 

ECCN are ‘‘999’’, e.g.

XX999.

Case-by-case review for all 

items on the CCL.

63 FR 64322, 11/19/98; 65 

FR 14444, 03/17/00; 66 

FR 50090, 10/01/01; 69 

FR 56694, 09/22/04.