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 


srobinson on DSK4SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 15 / Tuesday, January 24, 2012 / Rules and Regulations 3385 

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 


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