348 Federal Register / Vol. 65, No. 3 / Wednesday, January 5, 2000 / Rules and Regulations

regulation otherwise would be

significant under DOT Regulatory

Policies and Procedures, a final

regulatory evaluation will be prepared

and placed in the Rules Docket. A copy

of it, if filed, may be obtained from the

Rules Docket at the location provided

under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Incorporation by reference,

Safety.

Adoption of the Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration amends part 39 of the

Federal Aviation Regulations (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

removing Amendment 39–11472 and by

adding a new airworthiness directive

(AD), Amendment 39–11493, to read as

follows:

AD 99–27–12 Agusta S.p.A.: Amendment

39–11493. Docket No.99–SW–91–AD.

Supersedes AD 99–26–13, Amendment

39–11472, Docket No. 99–SW–64–AD.

Applicability: Model A109A and A109A II

helicopters, with tail rotor blade (blade), part

number (P/N) 109–0132–02-all dash

numbers, with 400 or more hours time-inservice (TIS), installed, certificated in any

category.

Note 1: This AD applies to each helicopter

identified in the preceding applicability

provision, regardless of whether it has been

otherwise modified, altered, or repaired in

the area subject to the requirements of this

AD. For helicopters that have been modified,

altered, or repaired so that the performance

of the requirements of this AD is affected, the

owner/operator must request approval for an

alternative method of compliance in

accordance with paragraph (c) of this AD.

The request should include an assessment of

the effect of the modification, alteration, or

repair on the unsafe condition addressed by

this AD; and, if the unsafe condition has not

been eliminated, the request should include

specific proposed actions to address it.

Compliance: Required as indicated, unless

accomplished previously.

To prevent fatigue failure of a blade, loss

of the tail rotor, and subsequent loss of

control of the helicopter, accomplish the

following:

(a) Before further flight, dye-penetrant

inspect each blade for a crack in accordance

with the Compliance Instructions, Part I, of

Agusta S.p.A. Bollettino Tecnico 109–110,

dated July 28, 1999 (technical bulletin).

Thereafter, at intervals not to exceed 100

hours TIS, dye-penetrant inspect each blade

for a crack in accordance with the

Compliance Instructions, Part III, of the

technical bulletin. If a crack is found, replace

the cracked blade with an airworthy blade

before further flight.

(b) Before the first flight each day, visually

inspect each blade for a crack using a 3 to

5 power magnifying glass in accordance with

the Compliance Instructions, Part II, of the

technical bulletin. If a crack is found, replace

the cracked blade with an airworthy blade

before further flight.

(c) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager, Regulations

Group, FAA, Rotorcraft Directorate.

Operators shall submit their requests through

an FAA Principal Maintenance Inspector,

who may concur or comment and then send

it to the Manager, Regulations Group.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Regulations Group.

(d) Special flight permits will not be

issued.

(e) The inspections shall be done in

accordance with the Compliance Instructions

of Agusta S.p.A. Bollettino Tecnico 109–110,

dated July 28, 1999. The incorporation by

reference of that document was approved

previously by the Director of the Federal

Register in accordance with 5 U.S.C. 552(a)

and 1 CFR part 51 as of January 4, 2000.

Copies may be obtained from Agusta, 21017

Cascina Costa di Samarate (VA), Via

Giovanni Agusta 520, telephone (0331)

229111, fax (0331) 229605–222595. Copies

may be inspected at the FAA, Office of the

Regional Counsel, Southwest Region, 2601

Meacham Blvd., Room 663, Fort Worth,

Texas; or at the Office of the Federal Register,

800 North Capitol Street, NW., suite 700,

Washington, DC.

(f) This amendment becomes effective on

January 5, 2000.

Note 3: The subject of this AD is addressed

in Registro Aeronautico Italiano, Italy, AD

99–325, dated August 2, 1999.

Issued in Fort Worth, Texas, on December

27, 1999.

Larry M. Kelly,

Acting Manager, Rotorcraft Directorate

Aircraft Certification Service.

[FR Doc. 00–17 Filed 1–4–00; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 99–ACE–54]

Amendment to Class E Airspace;

Estherville, IA

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Direct final rule; request for

comments.

SUMMARY: This action amends Class E

airspace area at Estherville Municipal

Airport, Estherville, IA. A review of the

Class E Airspace area for Estherville

Municipal Airport indicates it does not

comply with the criteria for 700 feet

Above Ground Level (AGL) airspace

required for diverse departures as

specified in FAA Order 7400.2D. The

Class E airspace has been enlarged to

conform to the criteria of FAA Order

7400.2D.

The intended effect of this rule is to

provide additional controlled Class E

airspace for aircraft operating under

Instrument Flight Rules (IFR) and

comply with the criteria of FAA Order

7400.2D.

DATES: Effective date: 0901 UTC., April

20, 2000.

Comments for inclusion in the Rules

Docket must be received on or before

February 29, 2000.

ADDRESSES: Send comments regarding

the rule in triplicate to: Manager,

Airspace Branch, Air Traffic Division,

ACE–520, DOT Regional Headquarters

Building, Federal Aviation

Administration, Docket Number 99–

ACE–54, 901 Locust, Kansas City, MO

64106.

The official docket may be examined

in the Office of the Regional Counsel for

the Central Region at the same address

between 9:00 a.m. and 3:00 p.m.,

Monday through Friday, except Federal

holidays.

An informal docket may also be

examined during normal business hours

in the Air Traffic Division at the same

address listed above.

FOR FURTHER INFORMATION CONTACT:

Kathy Randolph, Air Traffic Division,

Airspace Branch, ACE–520C, Dot

Regional Headquarters Building, Federal

Aviation Administration, 901 Locust,

Kansas City, MO 64106; telephone:

(816) 329–2525.

SUPPLEMENTARY INFORMATION: This

amendment to 14 CFR 71 revises the

Class E airspace at Estherville, IA. A

review of the Class E airspace for

Estherville Municipal Airport, IA,

indicates it does not meet the criteria for

700 feet AGL airspace required for

diverse departures as specified in FAA

Order 7400.2D. The criteria in FAA

Order 7400.2D for an aircraft to reach

1200 feet AGL is based on a standard

climb gradient of 200 feet per mile plus

the distance from the Airport Reference

Point (ARP) to the end of the outermost

runway. Any fractional part of a mile is

converted to the next higher tenth of a

mile. The amendment at Estherville

Federal Register / Vol. 65, No. 3 / Wednesday, January 5, 2000 / Rules and Regulations 349

Municipal Airport, IA, will provide

additional controlled airspace for

aircraft operating under IFR, and

comply with the criteria of FAA Order

7400.2D. The area will be depicted on

appropriate aeronautical charts. Class E

airspace areas extending upward from

700 feet or more above the surface of the

earth are published in paragraph 6005 of

FAA Order 7400.9G, dated September

10, 1999, and effective September 16,

1999, which is incorporated by

reference in 14 CFR 71.1. The Class E

airspace designation 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. The

amendment will enhance safety for all

flight operations by designating an area

where VFR pilots may anticipate the

presence of IFR aircraft at lower

altitudes, especially during inclement

weather conditions. A greater degree of

safety is achieved by depicting the area

on aeronautical charts. 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

regulation 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 date 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

Although this action is in the form of

a final rule and was not preceded by a

notice of proposed rulemaking,

comments are invited on this rule.

Interested persons are invited to

comment on this rule by submitting

such written data, views, or arguments

as they may desire. Communications

should identify the Rules Docket

number and submitted in triplicate to

the address specified under the caption

ADDRESSES. All communications

received on or before the closing date

for comments will be considered, and

this rule may be amended or withdrawn

in light of the comments received.

Factual information that supports the

commenter’s ideas and suggestions is

extremely helpful in evaluating the

effectiveness of this action and

determining whether additional

rulemaking action would be needed.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy-related

aspects of the rule that might suggest a

need to modify the rule. All comments

submitted will be available, both before

and after the closing date for comments,

in the Rules Docket for examination by

interested persons. A report that

summarizes each FAA-public contact

concerned with the substance of this

action will be filed in the Rules Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this rule must

submit a sale-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket No. 99–ACE–54.’’ The postcard

will be date stamped and returned to the

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 in 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 7400.9G, Airspace

Designations and Reporting Points,

dated September 10, 1999, and effective

September 16, 1999, is amended as

follows:

Paragraph 6005 Class E airspace areas

extending upward from 700 feet or more

above the surface of the earth.

* * * * *

ACE IA E5 Estherville, IA [Revised]

Estherville Municipal Airport, LA

(Lat. 43°24′27′′N., long. 94°44′47′′W.)

Estherville VOR

(Lat. 43°24′33′′N., long. 94°44′40′′W.)

That airspace extending upward from 700

feet above the surface within a 6.5-mile

radius of Estherville Municipal Airport and

within 2.6 miles each side of the 172° radial

of the Estherville VOR extending from the

6.5-mile radius to 7.4 miles south of the

airport and within 2.6 miles each side of the

340° radial of the Estherville VOR extending

from the 6.5-mile radius to 7.4 miles

northwest of the airport.

* * * * *

Issued in Kansas City, MO, on December

21, 1999.

Donovan D. Schardt,

Acting Manager, Air Traffic Division, Central

Region.

[FR Doc. 00–153 Filed 1–4–00; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 99–AEA–13–FR]

Amendment to Class E Airspace:

Leonardtown, MD

AGENCY: Federal Aviation

Administration (FAA) DOT.

ACTION: Final rule.

SUMMARY: This action amends the Class

E airspace extending upward from 700

feet Above Ground Level (AGL) at St.

Mary’s County Airport (2W6),

Leonardtown, MD. Amendments to the

Standard Instrument Approach

Procedures (SIAP) both GPS and VOR