### 3384 Federal Register / Vol. 77, No. 15 / Tuesday, January 24, 2012 / Rules and Regulations

under the criteria of the Regulatory Flexibility Act.

We prepared an economic evaluation of the estimated costs to comply with this AD and placed it in the AD docket. 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** 

■ 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:
2011–27–08 Agusta S.p.A.: Amendment 39– 16910; Docket No. FAA–2011–1454; Directorate Identifier 2011–SW–054–AD.
(a) Applicability

This AD applies to model A109S and AW109SP helicopters with elevator assemblies, part number (P/N) 109–0200–02– 601, 109–0200–02–801, 109–0200–02–602, 109–0200–02–802, 109–0200–02–803, or 109–0200–02–804 installed, certificated in any category.
(b) Unsafe Condition

This AD defines the unsafe condition as a fatigue crack on the elevator assembly. This condition could result in failure of the elevator, reduced maneuverability of the helicopter, and subsequent loss of control of the helicopter.
(c) Effective Date

This airworthiness directive (AD) becomes effective February 8, 2012.
(d) Compliance

You are responsible for performing each action required by this AD within the specified compliance time unless it has already been accomplished prior to that time.
(e) Corrective Action

(1) For elevator assemblies with less than 400 hours time-in-service (TIS), upon or before reaching 400 hours TIS, and thereafter at intervals not to exceed 50 hours TIS, inspect the left and right elevator upper skin along the 4th rib station rivet line from the leading edge to 200 mm inboard with a 10X or higher magnifying glass for a crack in the area depicted in Figure 1 of Agusta Mandatory Bollettino Tecnico (ABT) No. 109S–44 or 109SP–032, both dated August 5, 2011, for your model helicopter.

(2) For elevator assemblies with 400 or more hours TIS, within the next 30 hours TIS, and thereafter at intervals not to exceed 50 hours TIS, inspect the left and right elevator upper skin along the 4th rib station rivet line from the leading edge to 200 mm inboard with a 10X or higher magnifying glass for a crack in the area depicted in Figure 1 of the ABT for your model helicopter.

(3) If there is a crack, replace the cracked elevator assembly with an airworthy elevator assembly before further flight.
(f) Alternative Methods of Compliance (AMOCs)

(1) The Manager, Safety Management Group, FAA, may approve AMOCs for this AD. Send your proposal to: Jim Grigg, Manager, FAA, Rotorcraft Directorate, Safety Management Group, 2601 Meacham Blvd., Fort Worth, TX 76137, telephone (817) 222– 5126, fax (817) 222–5961, email jim.grigg@faa.gov.

(2) For operations conducted under a Part 119 operating certificate or under Part 91, Subpart K, we suggest that you notify your principal inspector, or lacking a principal inspector, the manager of the local flight standards district office or certificate holding district office, before operating any aircraft complying with this AD through an AMOC.
(g) Additional Information

The subject of this AD is addressed in European Aviation Safety Agency (EASA) AD No. 2011–0150, dated August 11, 2011.
(h) Subject

Joint Aircraft System Component (JASC) Code 5520: Elevator Structure.
(i) Material Incorporated by Reference

You must use the specified portions of the service information specified in this AD to do the actions required. The Director of the Federal Register approved the incorporation by reference of this service information under 5 U.S.C. 552(a) and 1 CFR part 51.

(1) Agusta Mandatory Bollettino Tecnico No. 109S–44, dated August 5, 2011, for model A109S helicopters; or

(2) Agusta Mandatory Bollettino Tecnico No. 109SP–032, dated August 5, 2011, for model AW109SP helicopters.

(3) For service information identified in this AD, contact Agusta Westland, Customer Support & Services, Via Per Tornavento 15, 21019 Somma Lombardo (VA) Italy, ATTN: Giovanni Cecchelli; telephone 39–0331– 711133; fax 39 0331 711180; or at http://www.agustawestland.com/technicalbullettins.

(4) You may review copies of the referenced service information at the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 76137 or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741– 6030, or go to: http://www.archives.gov/ federal

_ register/code

_ of

_ federal

_ regulations/ ibr

_ locations.html Issued in Fort Worth, Texas, on December 27, 2011. M. Monica Merritt, Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2012–366 Filed 1–23–12; 8:45 am]

**BILLING CODE 4910–13–P**

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Part 73**

**[Docket No. FAA–2011–1274; Airspace Docket No. 11–ASO–34]** 

**RIN 2120–AA66**

**Amendment of Restricted Areas R– 3704A and R–3704B; Fort Knox, KY** 

**AGENCY :**  Federal Aviation Administration (FAA), DOT.

**ACTION :**  Final rule; technical amendment.

**SUMMARY :**  This action makes several editorial corrections to the descriptions of restricted areas R–3704A and R– 3704B, Fort Knox, KY.

**DATES :**  Effective date 0901 UTC, April 5,
2012.

**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 :**  Background

A review of the descriptions of restricted areas R–3704A and R–3704B at Fort Knox, KY identified the need for several editorial corrections. The description for R–3704A requires the following corrections. In the ‘‘designated altitudes,’’ the existing words ‘‘and including’’ are unnecessary. As stated in 14 CFR 73.3, the word ‘‘to’’ (an altitude or flight level) means ‘‘to and including’’ (that altitude or flight level); therefore, the wording of R– 3704A is being amended to read ‘‘Surface to 10,000 feet MSL.’’ In addition, the current time of designation for R–3704A states ‘‘EST’’ (for eastern standard time). This is incorrect since the restricted area is used year-round during both standard and daylight time periods. Because the State of Kentucky lies within both the eastern and central time zones, it is appropriate that the time of designation signify which time zone is being used for activation of the restricted area. Therefore, the R–3704A time of designation is being amended by


### 3385 Federal Register / Vol. 77, No. 15 / Tuesday, January 24, 2012 / Rules and Regulations

removing ‘‘EST’’ and replacing it with the words ‘‘eastern time.’’ Lastly, the name of the R–3704A using agency is amended to reflect the correct U.S. Army organization responsible for the airspace.

The description of R–3704B also requires several editorial corrections. The controlling agency for both R– 3704A and R–3708B is currently listed as ‘‘FAA, Standiford Control Tower, Louisville, KY.’’ The altitude dividing line between the two areas is 10,000 feet mean sea level (MSL). Due to Air Traffic Control facility airspace delegations, the airspace above 10,000 feet MSL in that area is assigned to the Indianapolis Air Route Traffic Control Center (ARTCC). Therefore, the controlling agency for R– 3704B is being changed to read ‘‘FAA, Indianapolis ARTCC.’’ Further, the designated altitudes for R–3704B are being changed from ‘‘10,000 feet MSL to 20,000 feet MSL,’’ to ‘‘10,001 feet MSL to 20,000 feet MSL.’’ This will preclude overlapping airspace jurisdiction between the two FAA facilities. As described above for R–3704A, the using agency name for R–3704B is also being changed to reflect the correct U.S. Army organization responsible for the airspace.

The Rule

This action amends Title 14 Code of Federal Regulations (14 CFR) part 73 by making several editorial corrections to the descriptions of restricted areas R– 3704A and R–3704B, Fort Knox, KY. For R–3704A, the designated altitudes are amended by removing the words ‘‘Surface to and including 10,000 feet MSL’’ and inserting the words ‘‘Surface to 10,000 feet MSL.’’ The time of designation is amended by removing the words ‘‘0600 to 2400 EST; other times by NOTAM 24 hours in advance,’’ and inserting the words ‘‘0600 to 2400 eastern time; other times by NOTAM 24 hours in advance’’. The using agency is amended by removing the words ‘‘Commanding General, U.S. Army Armor Center, Fort Knox, KY’’ and inserting the words ‘‘Commanding General, Human Resources Center of Excellence, Fort Knox, KY.’’ The description of R–3704B is amended as follows. The designated altitudes are amended by removing the words ‘‘10,000 feet MSL to 20,000 feet MSL’’ and inserting the words ‘‘10,001 feet MSL to 20,000 feet MSL.’’ The controlling agency is amended by removing the words ‘‘FAA, Standiford Control Tower, Louisville, KY’’ and inserting the words ‘‘FAA, Indianapolis ARTCC.’’ The using agency is amended by removing the words ‘‘Commanding General, U.S. Army Armor Center, Fort Knox, KY’’ and inserting the words ‘‘Commanding General, Human Resources Center of Excellence, Fort Knox, KY.’’

This is an administrative change to update the title of the using agency and make editorial corrections. It does not affect the boundaries, overall designated altitudes, or activities conducted within the restricted area; therefore, notice and public procedures under 5 U.S.C. 553(b)
are unnecessary.

Section 73.37 of Title 14, CFR part 73 was republished in FAA Order 7400.8T, effective February 16, 2011.

The FAA has determined that this action only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Therefore, this regulation: (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 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 amends the description of Restricted Areas R–3704A and R–3704B, Fort Knox, KY.

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 311d. This airspace action is an editorial change to the descriptions of the affected restricted areas to update the using agency names and make editorial corrections to the time of designation and designated altitudes. It does not alter the actual altitudes or times of designation of the restricted airspace at Fort Knox, KY; therefore, it 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 73

Airspace, Prohibited areas, Restricted

areas. Adoption of the Amendment

In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 73, as follows:

**PART 73—SPECIAL USE AIRSPACE**

■ 1. The authority citation for part 73 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.

**§ 73.37 [Amended]**

■ 2. Section 73.37 is amended as follows:

* * * * *

R–3704A Fort Knox, KY [Amended]

By removing the current Designated altitudes, Time of designation and Using agency and substituting the following: Designated altitudes. Surface to 10,000 feet

MSL. Time of designation. 0600 to 2400 eastern

time; other times by NOTAM 24 hours in advance. Using agency. Commanding General, Human

Resources Center of Excellence, Fort Knox,
KY.

R–3704B Fort Knox, KY [Amended]

By removing the current Designated altitudes, Controlling agency and Using agency and substituting the following: Designated altitudes. 10,001 feet MSL to

20,000 feet MSL. Controlling agency. FAA, Indianapolis

ARTCC. Using agency. Commanding General, Human

Resources Center of Excellence, Fort Knox,
KY. Issued in Washington, DC on January 12,

2012. Gary A. Norek, Acting Manager, Airspace, Regulations and ATC Procedures Group.
[FR Doc. 2012–1397 Filed 1–23–12; 8:45 am]

**BILLING CODE 4910–13–P**