76070 Federal Register / Vol. 76, No. 234 / Tuesday, December 6, 2011 / Proposed Rules 

Costs of Compliance 

We estimate that this proposed AD 

would affect 97 helicopters of U.S. 

registry. We estimate that it would take 

about 1.0 work-hour per helicopter to do 

the inspection, at an average labor rate 

of $85 per work hour. Based on these 

figures, we estimate the cost of the 

proposed AD on U.S. operators to be 

$8,245, or $85 per product. If debonding 

is found, we estimate that it would take 

about 2 work-hours to replace the main 

rotor blade, and required parts would 

cost $114,182, for a cost of $114,352. We 

have no way of determining how many 

operators would incur these costs. 

Regulatory Findings 

We have determined that this 

proposed AD would not have federalism 

implications under Executive Order 

13132. Additionally, 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 that the 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); 

3. Will not affect intrastate aviation in 

Alaska to the extent that a regulatory 

distinction is required; 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. 

We prepared an economic evaluation 

of the estimated costs to comply with 

this proposed AD. See the AD docket to 

examine the economic evaluation. 

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. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by Reference, 

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. Section 39.13 is amended by 

adding a new airworthiness directive 

(AD) to read as follows: 

Eurocopter Deutschland GMBH: Docket No. 

FAA–2011–1285; Directorate Identifier 

2010–SW–073–AD. 

Applicability: Model BO–105A, BO–105C, 

BO–105LS A–1, BO–105LS A–3, and BO– 

105S helicopters, all serial numbers, with a 

main rotor blade, part number (P/N) 105– 

15103, 105–15141, 105–15141V001, 105– 

15143, 105–15150, 105–15150V001, 105– 

15152, 105–81013, 105–87214, 1120–15101, 

or 1120–15103; where the main rotor blade 

erosion protective shell was replaced 

between September 2006 and March 2010; 

certificated in any category. 

Compliance: Required within 50 hours 

time-in-service (TIS) after the effective date 

of this AD, unless accomplished previously. 

To detect debonding of the main rotor 

blade erosion protective shell, which could 

lead to an unbalanced main rotor, high 

vibration, damage to the tail boom or tail 

rotor, and loss of control of the helicopter, 

accomplish the following: 

(a) Inspect the main rotor blade for 

debonding of the erosion protective shell. If 

debonding is detected during the inspection, 

before further flight, replace the main rotor 

blade with an airworthy main rotor blade. 

Note 1: Eurocopter Deutschland GmbH 

Emergency Alert Service Bulletin No. 

BO105–10–124, Revision 1, dated October 

18, 2010, and No. BO105LS–10–12, Revision 

1, dated October 20, 2010, which are not 

incorporated by reference, contain additional 

information about the subject of this AD. 

(b) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Contact the Manager, Regulations and 

Policy Group, FAA, ATTN: Jim Grigg, 

Manager, 2601 Meacham Blvd., Fort Worth, 

Texas 76137; telephone: (817) 222–5122; fax: 

(817) 222–5126, for information about 

previously approved alternative methods of 

compliance. 

(c) The Joint Aircraft System/Component 

Code is 6210: Main Rotor Blades. 

Note 2: The subject of this AD is addressed 

in European Aviation Safety Agency AD 

2010–0216–E, dated October 21, 2010 

(corrected October 29, 2010). 

Issued in Fort Worth, Texas, on November 

29, 2011. 

Lance T. Gant, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. 2011–31254 Filed 12–5–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2011–1193; Airspace 

Docket No. 11–ANM–14] 

Proposed Modification of Area 

Navigation Route T–288; WY 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

modify low altitude area navigation 

(RNAV) route T–288 by extending the 

route westward from the Rapid City, SD, 

VORTAC to the Gillette, WY, VOR/ 

DME. The proposed extension would 

enhance efficiency and safety of the 

National Airspace System (NAS) by 

supplementing the existing VOR Federal 

airway structure in that area. 

DATES: Comments must be received on 

or before January 20, 2012. 

ADDRESSES: Send comments on this 

proposal to the Docket Management 

Facility, U.S. Department of 

Transportation, Docket Operations, M– 

30, 1200 New Jersey Avenue SE., West 

Building Ground Floor, Room W12–140, 

Washington, DC 20590–0001; telephone: 

(202) 366–9826. You must identify FAA 

Docket No. FAA–2011–1193 and 

Airspace Docket No. 11–ANM–14 at the 

beginning of your comments. You may 

also submit comments through the 

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

FOR FURTHER INFORMATION CONTACT: Paul 

Gallant, Airspace, Regulations and ATC 

Procedures Group, Office of Airspace 

Services, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone: (202) 267–8783. 

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. 


tkelley on DSK3SPTVN1PROD with PROPOSALS-1
Federal Register / Vol. 76, No. 234 / Tuesday, December 6, 2011 / Proposed Rules 76071 

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 (FAA Docket No. FAA– 

2011–1193 and Airspace Docket No. 11– 

ANM–14) and be submitted in triplicate 

to the Docket Management Facility (see 

ADDRESSES section for address and 

phone number). You may also submit 

comments through the Internet at 

http://www.regulations.gov. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this action must submit with those 

comments a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to FAA 

Docket No. FAA–2011–1193 and 

Airspace Docket No. 11–ANM–14.’’ The 

postcard will be date/time stamped and 

returned to the commenter. 

All communications received on or 

before the specified closing date for 

comments will be considered before 

taking action on the proposed rule. The 

proposal contained in this action may 

be changed in light of comments 

received. All comments submitted will 

be available for examination in the 

public docket both before and after the 

closing date for comments. A report 

summarizing each substantive public 

contact with FAA personnel concerned 

with this rulemaking will be filed in the 

docket. 

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 Federal Register’s 

Web page at http://www.gpoaccess.gov/ 

fr/index.html. 

You may review the public docket 

containing the proposal, any comments 

received and any final disposition in 

person in the Dockets Office (see 

ADDRESSES section for address and 

phone number) between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. An informal docket 

may also be examined during normal 

business hours at the office of the 

Western Service Center, Federal 

Aviation Administration, 1601 Lind 

Ave. SW., Renton, WA 98057. 

Persons interested in being placed on 

a mailing list for future NPRM’s should 

contact the FAA’s Office of Rulemaking, 

(202) 267–9677, for a copy of Advisory 

Circular No. 11–2A, Notice of Proposed 

Rulemaking Distribution System, which 

describes the application procedure. 

The Proposal 

The FAA is proposing an amendment 

to Title 14, Code of Federal Regulations 

(14 CFR) part 71 to modify RNAV route 

T–288 by adding a new segment 

between the Rapid City, SD VORTAC 

and the Gillette, WY VOR/DME. The 

modification would enhance the 

efficiency and safety of the NAS by 

supplementing the existing VOR Federal 

airway structure and providing 

alternative routing in the event of 

navigation aid (NAVAID) outages. The 

minimum IFR altitude in the area varies 

between 7,000 feet MSL and 9,300 feet 

MSL; however, the radar coverage in 

that area is not reliable below 12,000 

feet MSL to 13,000 feet MSL. When 

NAVAID outages occur, due to the 

existing route and NAVAID structure, it 

is difficult to route aircraft between the 

Gillette VOR/DME and the Rapid City 

VORTAC. In this situation, aircraft 

flying at lower altitudes must climb up 

to be within radar coverage in order to 

get a more direct route to/from the VOR/ 

DME and VORTAC. This is especially 

important during winter months 

because pilots encountering icing 

conditions at the higher altitudes need 

to descend, but are then lost from radar 

coverage. The proposed T–288 

modification would alleviate this 

situation as well as enhance the NAS 

efficiency by adding an RNAV route 

option. 

Low altitude RNAV routes are 

published in paragraph 6011 of FAA 

Order 7400.9V, dated August 9, 2011 

and effective September 15, 2011, which 

is incorporated by reference in 14 CFR 

71.1. The RNAV route 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. 

Therefore, this proposed 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) 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 proposed rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106 describes the 

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 the 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 expands RNAV route coverage to 

enhance the safe and efficient flow of 

traffic in the western United States. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1E, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 311a and 311b. 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. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 71 as 

follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

1. The authority citation for part 71 

continues to read as follows: 

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

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

1963 Comp., p. 389. 

§ 71.1 [Amended] 

2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.9V, 

Airspace Designations and Reporting 

Points, dated August 9, 2011 and 

effective September 15, 2011, is 

amended as follows: 


tkelley on DSK3SPTVN1PROD with PROPOSALS-1
76072 Federal Register / Vol. 76, No. 234 / Tuesday, December 6, 2011 / Proposed Rules 

Paragraph 6011 United States Area 

Navigation Routes. 

* * * * * 

T–288 Gillette, WY (GCC) to Wolbach, NE (OBH) [Amended] 

Gillette, WY (GCC) ........................................ VOR/DME ...................................................... (Lat. 44°20′52′′ N., long. 105°32′37′′ W.) 

KARAS, .......................................................... INT ................................................................. (Lat. 44°16′23′′ N., long. 104°18′50′′ W.) 

Rapid City, SD (RAP) .................................... VORTAC ........................................................ (Lat. 43°58′34′′ N., long. 103°00′44′′ W) 

WNDED, SD ................................................... WP ................................................................. (Lat. 43°19′14′′ N., long. 101°32′19′′ W.) 

Valentine, NE (VTN) ..................................... NDB ............................................................... (Lat. 42°51′42′′ N., long. 100°32′59′′ W.) 

Ainsworth, NE (ANW) .................................. VOR/DME ...................................................... (Lat. 42°34′09′′ N., long. 99°59′23′′ W.) 

FESNT, NE .................................................... WP ................................................................. (Lat. 42°03′57′′ N., long. 99°17′18′′ W.) 

Wolbach, NE (OBH) ...................................... VORTAC ........................................................ (Lat. 41°22′33′′ N., long. 98°21′13′′ W.) 

* * * * * 

Issued in Washington, DC on November 29, 

2011. 

Gary A. Norek, 

Acting Manager, Airspace, Regulations and 

ATC Procedures Group. 

[FR Doc. 2011–31223 Filed 12–5–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 740, 742 and 774 

[Docket No. 111020646–1645–01] 

RIN 0694–AF41 

Revisions to the Export Administration 

Regulations (EAR): Control of Gas 

Turbine Engines and Related Items the 

President Determines No Longer 

Warrant Control Under the United 

States Munitions List (USML) 

AGENCY: Bureau of Industry and 

Security, Department of Commerce. 

ACTION: Proposed rule. 

SUMMARY: The Bureau of Industry and 

Security publishes this proposed rule 

that describes how military gas turbine 

engines and related articles that the 

President determines no longer warrant 

control under Category VI, VII, or VIII of 

the United States Munitions List 

(USML) would be controlled under the 

Commerce Control List (CCL) in new 

Export Control Classification Numbers 

(ECCNs) 9A619, 9B619, 9C619, 9D619 

and 9E619. In addition, this proposed 

rule would control military trainer 

aircraft turbo prop engines and related 

items, which are currently controlled 

under ECCN 9A018.a.2 or .a.3, 9D018 or 

9E018, under new ECCN 9A619, 9D619 

or 9E619. 

This rule is one of a planned series of 

proposed rules that are part of the 

Administration’s Export Control Reform 

Initiative under which various types of 

articles presently controlled on the 

USML under the International Traffic in 

Arms Regulations (ITAR) would, 

instead, be controlled on the CCL in 

accordance with the requirements of the 

Export Administration Regulations 

(EAR), if and after the President 

determines that such articles no longer 

warrant control on the USML. This 

proposed rule is being published in 

conjunction with a proposed rule from 

the Department of State, Directorate of 

Defense Trade Controls that would 

consolidate in USML Category XIX the 

military gas turbine engines and related 

articles that would remain on the 

USML. 

DATES: Comments must be received by 

January 20, 2012. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. The identification 

number for this rulemaking is BIS– 

2011–0042. 

• By email directly to: 

publiccomments@bis.doc.gov. Include 

RIN 0694–AF41 in the subject line. 

• By mail or delivery to: Regulatory 

Policy Division, Bureau of Industry and 

Security, U.S. Department of Commerce, 

Room 2099B, 14th Street and 

Pennsylvania Avenue NW., Washington, 

DC 20230. Refer to RIN 0694–AF41. 

FOR FURTHER INFORMATION CONTACT: 

Gene Christiansen, Office of National 

Security and Technology Transfer 

Controls, Bureau of Industry and 

Security, U.S. Department of Commerce, 

Telephone: (202) 482–2984, Email: 

Gene.Christiansen@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On July 15, 2011, as part of the 

Administration’s ongoing Export 

Control Reform Initiative, the Bureau of 

Industry and Security (BIS) published a 

proposed rule (76 FR 41958) (‘‘the July 

15 proposed rule’’) that set forth a 

framework for how articles the 

President determines, in accordance 

with section 38(f) of the Arms Export 

Control Act (AECA) (22 U.S.C. 2778(f)), 

would no longer warrant control on the 

United States Munitions List (USML) 

and, instead, would be controlled on the 

Commerce Control List (CCL). The July 

15 proposed rule also contained a 

proposal by BIS describing how military 

vehicles and related articles in USML 

Category VII that no longer warrant 

control under the USML would be 

controlled on the CCL. 

On November 7, 2011 (76 FR 68675), 

BIS published a proposed rule 

describing how aircraft and related 

items determined by the President to no 

longer warrant control under the USML 

would be controlled on the CCL. In that 

proposed rule, BIS also made several 

changes and additions to the framework 

proposed in the July 15 proposed rule. 

BIS plans to publish additional 

proposed rules describing how surface 

vessels and related articles (currently 

controlled under USML Category VI) 

and submersibles, submarines, and 

related articles (currently controlled by 

USML Category VI or XX) that the 

President determines no longer warrant 

control on the USML would be 

controlled on the CCL. 

BIS also plans to publish a proposed 

rule describing how the new controls 

described in this and similar notices 

would be implemented, such as through 

the use of ‘‘grandfather’’ clauses and 

additional exceptions. The goal of such 

provisions would be to give exporters 

sufficient time to implement the final 

versions of such changes and to avoid, 

to the extent possible, situations where 

transactions would require licenses 

from both the State Department and the 

Commerce Department. 


tkelley on DSK3SPTVN1PROD with PROPOSALS-1