30588 Federal Register / Vol. 63, No. 108 / Friday, June 5, 1998 /Rules and Regulations

presented above, the FAA has

determined that air safety and the

public interest require the adoption of

the rule as proposed except for minor

editorial corrections. The FAA has

determined that these minor corrections

will not change the meaning of the AD

and will not add any additional burden

upon the public than was already

proposed.

Cost Impact

The FAA estimates that 58 airplanes

in the U.S. registry will be affected by

this AD, that it will take approximately

7 workhours per airplane to accomplish

this modification, and that the average

labor rate is approximately $60 an hour.

British Aerospace will provide parts to

the owners/operators of the affected

airplanes at no cost. Based on these

figures, the total cost impact of this AD

on U.S. operators is estimated to be

$24,360, or $420 per airplane.

Regulatory Impact

The regulations adopted herein will

not have substantial direct effects 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, in

accordance with Executive Order 12612,

it is determined that this final rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

For the reasons discussed above, I

certify that this action (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)

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. A copy of the final

evaluation prepared for this action is

contained in the Rules Docket. A copy

of it may be obtained by contacting 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

adding a new airworthiness directive

(AD) to read as follows:

98–12–11 British Aerospace: Amendment

39–10567; Docket No. 98–CE–15–AD.

Applicability: Jetstream Model 3101

airplanes, serial numbers 601 through 646,

648 through 655, 657, 658, and 660,

certificated in any category.

Note 1: This AD applies to each airplane

identified in the preceding applicability

provision, regardless of whether it has been

modified, altered, or repaired in the area

subject to the requirements of this AD. For

airplanes 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 within the next 300

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

date of this AD, unless already accomplished.

To prevent difficulty accessing the

emergency hydraulic hand-pump because of

the current design, which, in the event of a

hydraulic system failure, could result in the

inability to operate the flaps and landing

gear, accomplish the following:

(a) Modify the emergency hydraulic handpump by increasing the length of the access

aperture in accordance with the

ACCOMPLISHMENT INSTRUCTIONS

section of British Aerospace Jetstream

Service Bulletin 29–JM 7360, Revision 1,

dated January 3, 1991.

(b) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the airplane to

a location where the requirements of this AD

can be accomplished.

(c) An alternative method of compliance or

adjustment of the compliance time that

provides an equivalent level of safety may be

approved by the Manager, Small Airplane

Directorate, Aircraft Certification Service,

1201 Walnut, suite 900, Kansas City,

Missouri 64106. The request shall be

forwarded through an appropriate FAA

Maintenance Inspector, who may add

comments and then send it to the Manager,

Small Airplane Directorate.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Small Airplane

Directorate.

(d) Questions or technical information

related to British Aerospace Jetstream Service

Bulletin 29–JM 7360 Revision No. 1, dated

January 3, 1991, should be directed to British

Aerospace Regional Aircraft Limited,

Prestwick International Airport, Ayrshire,

KA9 2RW, Scotland; telephone: (01292)

479888; facsimile: (01292) 479703. This

service information may be examined at the

FAA, Central Region, Office of the Regional

Counsel, Room 1558, 601 E. 12th Street,

Kansas City, Missouri 64106.

(e) The modification required by this AD

shall be done in accordance with British

Aerospace Jetstream Service Bulletin 29–JM

7360 Revision No. 1, dated January 3, 1991.

This incorporation by reference was

approved by the Director of the Federal

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

and 1 CFR part 51. Copies may be obtained

from British Aerospace Regional Aircraft

Limited, Prestwick International Airport,

Ayrshire, KA9 2RW, Scotland. Copies may be

inspected at the FAA, Central Region, Office

of the Regional Counsel, room 1558, 601 E.

12th Street, Kansas City, Missouri, or at the

Office of the Federal Register, 800 North

Capitol Street, NW., suite 700, Washington,

DC.

Note 3: The subject of this AD is addressed

in British Aerospace Jetstream Service

Bulletin 29–JM 7360, Revision 1, dated

January 3, 1991. This service bulletin is

classified as mandatory by the United

Kingdom Civil Aviation Authority (CAA).

(f) This amendment becomes effective on

July 24, 1998. Issued in Kansas City,

Missouri, on May 29, 1998.

Michael Gallagher,

Manager, Small Airplane Directorate, Aircraft

Certification Service.

[FR Doc. 98–14803 Filed 6–4–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 98–ANM–06]

Amendment of Class E Airspace;

Colorado Springs, CO

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Direct final rule; confirmation of

effective date.

SUMMARY: The direct final rule

published on March 23, 1998 (63 FR

13779) changed the name of the

VORTAC navigational aid in the

Colorado Springs, CO, Class E3 airspace

legal description from Colorado Springs

VORTAC to Black Forest VORTAC. The

name change of the VORTAC is for

safety reasons and does not affect the

existing boundaries of the airspace.

EFFECTIVE DATE: The direct final rule

published at 63 FR 13779 is effective

0901 UTC, June 18, 1998.
Federal Register / Vol. 63, No. 108 / Friday, June 5, 1998 /Rules and Regulations 30589

FOR FURTHER INFORMATION CONTACT:

Dennis Ripley, ANM–520.6, Federal

Aviation Administration, 1601 Lind

Avenue S.W., Renton, Washington,

98055–4056; telephone number: (425)

227–2527.

SUPPLEMENTARY INFORMATION: The FAA

published the direct final rule with a

request for comments in the Federal

Register on March 23, 1998 (63 FR

13779). The FAA uses the direct final

rulemaking procedure for a noncontroversial rule where the FAA

believes that there will be no adverse

public comment. The comment period

ended May 4, 1998. This direct final

rule advised the public that no adverse

comments were anticipated, and that

unless a written adverse comment or a

written notice of intent to submit such

an adverse comment were received

within the comment period, the

regulation would become effective on

June 18, 1998. No adverse comments

were received, and thus this document

confirms that the final rule will become

effective on that date.

Issued in Seattle, Washington, on May 28,

1998.

Joe E. Gingles,

Acting Assistant Manager, Air Traffic

Division, Northwest Mountain Region.

[FR Doc. 98–15061 Filed 6–4–98; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 98–AGL–6]

Establishment of Class E Airspace;

Fergus Falls, MN

AGENCY: Federal Aviation

Administration,(FAA), DOT.

ACTION: Final rule.

SUMMARY: This action establishes Class

E airspace at Fergus Falls, MN. Fergus

Falls Municipal Airport-Einar

Mickelson Field will be served by

Federal Aviation Regulations Part 121

(14 CFR Part 121) air carrier operations.

Controlled airspace extending upward

from the surface is needed to allow the

FAA to provide air traffic control

services for aircraft executing

instrument approach procedures. The

airport meets the minimum

communications and weather

observation and reporting requirements

for controlled airspace extending

upward from the surface.

EFFECTIVE DATE: 0901 UTC, August 13,

1998.

FOR FURTHER INFORMATION CONTACT:

Michelle M. Behm, Air Traffic Division,

Airspace Branch, AGL–520, Federal

Aviation Administration, 2300 East

Devon Avenue, Des Plaines, Illinois

60018, telephone (847) 294–7568.

SUPPLEMENTARY INFORMATION:

History

On Thursday, March 12, 1998, the

FAA proposed to amend 14 CFR part 71

to establish Class E airspace at Fergus

Falls, MN (63 FR 12047). The proposal

was to add controlled airspace

extending upward from the surface to

contain Instrument Flight Rules (IFR)

operations in controlled airspace during

portions of the terminal operation and

while transiting between the enroute

and terminal environments.

Interested parties were invited to

participate in this rulemaking

proceeding by submitting written

comments on the proposal to the FAA.

After the close of the comment period,

but prior to issuance of the Final Rule,

one letter of objection, with several

signatories, was received in response to

this airspace proposal. The letter is

addressed herein. The basis of the

objection was the anticipated adverse

effect the proposed action would have

regarding instructional flights for hire

when the existing or forecast weather

conditions are below visual flight rule

(VFR) minimums. The introduction of

Part 121 air carrier operations,

anticipated to be a low daily number,

require the highest level of safety be

afforded all users of the airport to

accommodate the increased IFR

operations. When the existing or

forecast weather conditions are below

visual flight rule (VFR) minimums,

special VFR operations may be

conducted under the weather

minimums and requirements of 14 CFR

91.157 within the airspace contained by

the upward extension of the lateral

boundaries of the controlled airspace

designated to the surface for an airport.

Therefore, while the proposed action

would result in added requirements for

operation under special VFR, the

increased level of safety afforded to all

users of the airport by the creation of the

Class E surface area, because of the

introduction of Part 121 air carrier

operations, far outweighs the minor

inconvenience of meeting those

requirements.

Class E airspace designations for

airspace designated as a surface area are

published in paragraph 6002 of FAA

Order 7400.9E dated September 10,

1997, and effective September 16, 1997,

which is incorporated by reference in 14

CFR 71.1. The Class E airspace

designation listed in this document will

be published subsequently in this

Order.

The Rule

This amendment to 14 CFR part 71

establishes Class E airspace at Fergus

Falls, MN, to accommodate aircraft

executing instrument approach

procedures at Fergus Falls Municipal

Airport-Einar Mickelson Field. The

proposed introduction of FAR Part 121

(14 CFR Part 121) air carrier operations

necessitates creation of this controlled

airspace. The area would be depicted on

appropriate aeronautical charts.

The FAA has determined that this

regulation 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 will not have

a significant economic impact 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

In consideration of the foregoing, 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 the Federal Aviation

Administration Order 7400.9E, Airspace

Designations and Reporting Points,

dated September 10, 1997, and effective

September 16, 1997, is amended as

follows:

Paragraph 6002 Class E airspace

designated as surface areas.

* * * * *