Federal Register / Vol. 63, No. 123 / Friday, June 26, 1998 / Proposed Rules 34833

The cost impact figure discussed

above is based on assumptions that no

operator has yet accomplished any of

the proposed requirements of this AD

action, and that no operator would

accomplish those actions in the future if

this AD were not adopted.

Regulatory Impact

The regulations proposed herein

would 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

proposal would not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

For the reasons discussed above, I

certify that this 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); 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. A copy of the draft

regulatory 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, Safety.

The Proposed Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration proposes to amend 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 the following new airworthiness

directive:

McDonnell Douglas: Docket 98–NM–166–

AD.

Applicability: Model DC–9–81 (MD–81),

DC–9–82 (MD–82), DC–9–83 (MD–83), and

DC–9–87 (MD–87) series airplanes, and

Model MD–88 airplanes; as listed in

McDonnell Douglas Service Bulletin MD80–

55–054, dated March 3, 1998; 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 as indicated, unless

accomplished previously.

To detect and correct corrosion of the lug

bores and the surface of the hinge plates of

the vertical-to-horizontal stabilizer, which

could result in reduced structural integrity of

the airplane, accomplish the following:

(a) Within 18 months after the effective

date of this AD, perform a one-time visual

inspection to detect corrosion of the lug bores

and the surface of the hinge plates of the

vertical-to-horizontal stabilizer, in

accordance with McDonnell Douglas Service

Bulletin MD80–55–054, dated March 3, 1998.

(1) Condition 1: If no corrosion is detected,

no further action is required by this

paragraph.

(2) Condition 2: If any corrosion is detected

that is within the limits specified in the

Structural Repair Manual, prior to further

flight, remove the corrosion in accordance

with the service bulletin.

(3) Condition 3: If any corrosion is detected

that exceeds the limits specified in the

Structural Repair Manual, prior to further

flight, replace the hinge plates with new

parts, in accordance with the service bulletin.

(b) Within 10 days after accomplishing the

inspection required by paragraph (a) of this

AD, or within 10 days after the effective date

of this AD, whichever occurs later, submit a

report of the inspection results (both positive

and negative findings) to the Manager, Los

Angeles Aircraft Certification Office (ACO),

FAA, Transport Airplane Directorate, 3960

Paramount Boulevard, Lakewood, California

90712–4137; fax (562) 627–5210. Information

collection requirements contained in this

regulation have been approved by the Office

of Management and Budget (OMB) under the

provisions of the Paperwork Reduction Act of

1980 (44 U.S.C. 3501 et seq.) and have been

assigned OMB Control Number 2120–0056.

(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, Los

Angeles ACO. Operators shall submit their

requests through an appropriate FAA

Principal Maintenance Inspector, who may

add comments and then send it to the

Manager, Los Angeles ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Los Angeles ACO.

(d) 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.

Issued in Renton, Washington, on June 19,

1998.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–17007 Filed 6–25–98; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–CE–138–AD]

RIN 2120–AA64

Airworthiness Directives; Cessna

Aircraft Company 180 and 185 Series

Airplanes.

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes to

supersede Airworthiness Directive (AD)

80–10–01, which is applied to certain

Cessna Aircraft Company 180 and 185

series airplanes that are equipped with

Airglas Engineering Company, Inc.,

(AECI) Model LW3600–180 single

position or Model LW3600–180A two

position fixed penetration wheel ski

installations. AD 80–10–01 currently

requires: modifying the ski bungee

assemblies, safety cables, and check

cables; limiting the maximum airspeed

to 160 knots with skis installed; and

installing an airspeed limitation

placard. The proposed AD would retain

the actions required in AD 80–10–01,

and would require marking the

maximum airspeed limits on the

airspeed indicator; placing a

supplemental airplane flight manual

(AFM) and AFM supplement in the

cockpit; and adding the Cessna Model

180K airplane to the applicability.

Reports that certain airspeeds cause the

skis to rotate into a nose-down position

during flight prompted the AD action.

The actions specified by the proposed

AD are intended to prevent one or both

wheel skis from rotating into a nosedown position during flight, which

could result in loss of control of the

airplane and/or possible airplane

damage during flight or landing

operations.

DATES: Comments must be received on

or before August 24, 1998.
34834 Federal Register / Vol. 63, No. 123 / Friday, June 26, 1998 / Proposed Rules

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Central Region,

Office of the Regional Counsel,

Attention: Rules Docket No. 97–CE–

138–AD, Room 1558, 601 E. 12th Street,

Kansas City, Missouri 64106. Comments

may be inspected at this location

between 8 a.m. and 4 p.m., Monday

through Friday, holidays excepted.

Service information that applies to the

proposed AD may be obtained from

Airglas Engineering Company, Inc., P.O.

Box 190107, Anchorage, Alaska 99519–

0107; telephone: (907) 344–1450;

facsimile: (907) 349–4938. This

information also may be examined at

the Rules Docket at the address above.

FOR FURTHER INFORMATION CONTACT: Mr.

Gordon K. Mandell, Aerospace

Engineer, FAA, Anchorage Aircraft

Certification Office, 222 West 7th

Avenue, #14, Annex G, Room A18,

Anchorage, Alaska 99513–7587;

telephone: (907) 271–2670; facsimile:

(907) 271–6365.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to

participate in the making of the

proposed rule by submitting such

written data, views, or arguments as

they may desire. Communications

should identify the Rules Docket

number and be submitted in triplicate to

the address specified above. All

communications received on or before

the closing date for comments, specified

above, will be considered before taking

action on the proposed rule. The

proposals contained in this notice may

be changed in light of the comments

received.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the proposed 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

proposal will be filed in the Rules

Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this notice

must submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket No. 97–CE–138–AD.’’ The

postcard will be date stamped and

returned to the commenter.

Availability of NPRMs

Any person may obtain a copy of this

NPRM by submitting a request to the

FAA, Central Region, Office of the

Regional Counsel, Attention: Rules

Docket No. 97–CE–138–AD, Room 1558,

601 E. 12th Street, Kansas City, Missouri

64106.

Discussion

AD 80–10–01, Amendment 39–3762,

applies to Cessna 180 and 185 series

airplanes that are equipped with AECI

Model LW3600–180 or Model LW3600–

180A wheel ski installations in

accordance with supplemental type

certificate (STC) SA213AL. This AD

currently requires modifying the ski

bungee assemblies and their

attachments to the airplane and the skis,

safety cables, and check cables and their

attachments to the airplane and the skis;

and installing a placard adjacent to the

airspeed indicator that limits the knots

indicated airspeed (KIAS) to never

exceed 160 knots with the skis installed.

Actions Since Issuance of Previous Rule

Since the issuance of AD 80–10–01,

additional field reports of incidents

occurring on the affected airplanes with

these wheel skis installed has prompted

the FAA to review the actions required

in AD 80–10–01. The manufacturer and

the FAA have decided that additional

measures are needed to ensure that the

airspeed limitations are followed.

Relevant Service Information

Airglas Engineering Company, Inc.,

has issued Service Bulletin No.

LW3600–3, originally issued: September

21, 1979; Amended: October 10, 1997,

which specifies modifying the ski

bungee assemblies, safety cables, and

check cables and their attachments to

the airplane and the skis in accordance

with the procedures specified in AECI

Drawing No. LW3600–180A–1 and –2,

Revision ‘‘B’’, dated September 21,

1979; AECI Drawing No. LW3600–

180A–3, Revision ‘‘A’’, dated April 30,

1979; and AECI Drawing No. LW3600–

180, Revision ‘‘F’’, dated September 21,

1979 (for single position wheel ski

installations) or AECI Drawing No.

LW3600–180A, Revision ‘‘E’’, dated

September 21, 1979 (for two position

wheel ski installations).

AECI Service Bulletin No. LW3600–3,

originally issued: September 21, 1979;

Amended: October 10, 1997, also

specifies:

• Reducing the maximum structural

cruising speed to 139 knots indicated air

speed (KIAS) with the skis installed;

• Reducing the never exceed speed to

160 KIAS with the skis installed;

• Installing a placard near the

airspeed indicator with words

prohibiting flight over 160 KIAS when

the wheel skis are installed in

accordance with AECI Drawing No.

LW3600–180A–11, originally issued:

September 21, 1979;

• Marking the airspeed indicator so

that these maximum KIAS limitations

are clear to the pilot; and

• Placing AECI Document AE97–

13FM, ‘‘Supplemental Airplane Flight

Manual and Airplane Flight Manual

Supplement’’, dated October 10, 1997,

in the airplane cockpit.

The FAA’s Determination

After examining the circumstances

and reviewing all available information

related to the incidents described above,

the FAA has determined that AD action

should be taken to prevent one or both

wheel skis from rotating into a nosedown position during flight, which

could result in loss of control of the

airplane and/or possible airplane

damage during flight or landing

operations.

Explanation of the Provisions of the

Proposed AD

Since an unsafe condition has been

identified that is likely to exist or

develop in other Cessna 180 and 185

series airplanes of the same type design,

that are equipped with AECI Model

LW3600–180 or Model LW3600–180A

wheel ski installations in accordance

with STC SA213AL, the proposed AD

would supersede AD 80–10–01 with a

new AD. The proposed AD would

require the following:

—Modifying the ski bungee assemblies

and their attachments to the airplane

and the skis, the safety cables, and the

check cables and their attachments to

the airplane and the skis;

—Installing a placard adjacent to the

airspeed indicator limiting the never

exceed speed to 160 knots and the

maximum structural cruising speed to

139 knots with the skis installed;

—Marking the airspeed indicator to

reflect the never exceed speed (160

KIAS) and the maximum structural

cruising speed (139 KIAS) with the

skis installed; and,

—Placing AECI Document No. AE97–

13FM, ‘‘Supplemental Airplane Flight

Manual and Airplane Flight Manual

Supplement’’, dated October 10, 1997,

in the airplane cockpit.

Cost Impact

The FAA estimates that 170 airplanes

in the U.S. registry would be affected by

the proposed AD, that it would take

approximately 4 workhours per airplane

to accomplish the proposed action, and

that the average labor rate is

approximately $60 an hour. Parts cost

approximately $350 per airplane. Based

on these figures, the total cost impact of
Federal Register / Vol. 63, No. 123 / Friday, June 26, 1998 / Proposed Rules 34835

the proposed AD on U.S. operators is

estimated to be $100,300, or $590 per

airplane.

Airglas Engineering Company, Inc.

has informed the FAA that

approximately 12 of the affected

airplanes have incorporated the

proposed actions. Owners/operators of

the affected airplanes that have already

completed the proposed actions would

reduce the estimated total cost impact

by $7,080 from $100,300 to $93,220.

AD 80–10–01 currently requires most

of the same actions on the affected

airplanes as are proposed in this NPRM.

The only differences between the

proposed AD and AD 80–10–01 are the

addition of the Cessna Model 180K

airplane to the applicability and the

requirements for marking the airspeed

indicator and for placing a

supplemental AFM and AFM

supplement in the cockpit. These

proposed actions can be accomplished

for an airplane used under Part 91 of the

Federal Aviation Regulations (14 CFR

91) by an owner/operator who holds at

least a private pilot’s certificate, and for

an airplane used under Part 135 of the

Federal Aviation Regulations (14 CFR

135) by an operator who holds an

operating certificate issued under Part

135 of the Federal Aviation Regulations

(14 CFR 135), as authorized by sections

43.3, 43.7, and 43.9 of the Federal

Aviation Regulations (14 CFR 43.3, 43.7,

and 43.9), if the airspeed indicator is remarked by painting the outside of the

glass. The only cost impact upon the

public for airplanes other than affected

Cessna Model 180K airplanes, is the

time it will take the affected airplane

owners/operators to incorporate these

actions. Therefore, the proposed AD has

additional cost impact over that already

required by AD 80–10–01 only for

affected Cessna Model 180K airplanes.

Regulatory Impact

The regulations proposed herein

would 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

proposal would 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) 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. A copy of the draft

regulatory evaluation prepared for this

action has been placed 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, Safety.

The Proposed Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration proposes to amend 14

CFR part 39 of the Federal Aviation

Regulations 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 Airworthiness Directive (AD)

80–10–01, Amendment 39–3762, and by

adding a new AD to read as follows:

Cessna Aircraft Company: Docket No. 97–

CE–138–AD; Supersedes AD 80–10–01,

Amendment 39–3762.

Applicability: The following airplane

models, all serial numbers, certificated in any

category, that are equipped with Airglas

Engineering Company, Inc., Model LW3600–

180 (single position wheel ski installation) or

Model LW3600–180A (two position fixed

penetration wheel ski installation) in

accordance with supplemental type

certificate (STC) SA213AL:

Models; 180, 180A, 180B, 180C, 180D, 180E,

180F, 180G, 180H, 180J, 180K, 185, 185A,

185B, 185C, 185D, 185E, A185E, A185F.

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 (g) 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 50

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

date of this AD, unless already accomplished.

To prevent one or both wheel skis from

rotating into a nose-down position during

flight, which could result loss of control of

the airplane and/or possible airplane damage

during flight or landing operations,

accomplish the following:

(a) Modify the wheel ski bungee

assemblies, safety cables, and check cables

and their attachments to the airplane and the

skis, in accordance with Airglas Engineering

Company, Inc. (AECI) Drawing No. LW3600–

180A–1 and –2, Revision ‘‘B’’, dated

September 21, 1979; AECI Drawing No.

LW3600–180A–3, Revision ‘‘A’’, dated April

30, 1979; and AECI Drawing No. LW3600–

180, Revision ‘‘F’’, dated September 21, 1979

(for single position wheel ski installations) or

AECI Drawing No. LW3600–180A, Revision

‘‘E’’, dated September 21, 1979 (for two

position wheel ski installations).

Note 2: Airglas Engineering Company, Inc.

Service Bulletin (SB) No. LW3600–3,

originally issued: September 21, 1979;

Amended: October 10, 1997, specifies

following the procedures provided in the

drawings referenced in paragraph (a) of this

AD.

(b) Fabricate and install a placard adjacent

to the airspeed indicator with words at least

1⁄8-inch in height in accordance with AECI

Drawing No. LW3600–180A–11, originally

issued: September 21, 1979, and referenced

in AECI SB No. LW3600–3, originally issued:

September 21, 1979; Amended: October 10,

1997.

(c) Mark the airspeed indicator to reflect

the never exceed airspeed (160 knots

indicated airspeed (KIAS)) and the maximum

structural cruising speed (139 KIAS) in

accordance with Airglas Engineering

Company, Inc. Service Bulletin (SB) No.

LW3600–3, originally issued: September 21,

1979; Amended: October 10, 1997.

(d) Place AECI Document AE97–13FM,

‘‘Supplemental Airplane Flight Manual and

Airplane Flight Manual Supplement’’, dated

October 10, 1997, in the airplane cockpit in

accordance with the Accomplishment

Instructions section in AECI SB No.

LW3600–3, originally issued: September 21,

1979; Amended: October 10, 1997.

(e) The actions required in paragraphs (b),

(c), and (d) of this AD can be accomplished

for an airplane used under Part 91 of the

Federal Aviation Regulations (14 CFR part

91) by an owner/operator who holds at least

a private pilot’s certificate, and for an

airplane used under Part 135 of the Federal

Aviation Regulations (14 CFR part 135) by an

operator who holds an operating certificate

issued under Part 135 of the Federal Aviation

Regulations (14 CFR part 135), as authorized

by sections 43.3, 43.7, and 43.9 of the Federal

Aviation Regulations (14 CFR 43.3, 43.7, and

43.9), if the airspeed indicator is re-marked

by painting the outside of the glass.

(f) 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.

(g) An alternative method of compliance or

adjustment of the compliance time that

provides an equivalent level of safety may be

approved by the Manager, Anchorage Aircraft

Certification Office (ACO), 222 West 7th

Avenue, #14, Annex G Room A18,
34836 Federal Register / Vol. 63, No. 123 / Friday, June 26, 1998 / Proposed Rules

Anchorage, Alaska 99513–7587. The request

shall be forwarded through an appropriate

FAA Maintenance Inspector, who may add

comments and then send it to the Manager,

Anchorage ACO. Alternative methods of

compliance approved for AD 80–10–01 are

not considered approved as alternative

methods of compliance for this AD.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Anchorage ACO.

(h) All persons affected by this directive

may obtain copies of the documents referred

to herein upon request to Airglas Engineering

Company, Inc., P.O. Box 190107, Anchorage,

Alaska 99519–0107 or may examine these

documents at the FAA, Central Region, Office

of the Regional Counsel, Room 1558, 601 E.

12th Street, Kansas City, Missouri 64106.

(i) This amendment supersedes AD 80–10–

01, Amendment 39–3762.

Issued in Kansas City, Missouri, on June

15, 1998.

James E. Jackson,

Acting Manager, Small Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 98–16591 Filed 6–25–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 98–AEA–098]

Proposed Amendment of Class E

Airspace; Johnstown, PA

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: This proposed rule would

amend Class E airspace at Johnstown,

PA. The development of a new Standard

Instrument Approach Procedure (SIAP),

Helicopter Point In Space Approach

based on the Global Positioning System

(GPS), and serving the Conemaugh

Valley Memorial Hospital Heliport has

made this proposal necessary. The

intended effect of this proposal is to

provide adequate controlled airspace for

Instrument Flight Rules (IFR) operations

to the heliport. The area would be

depicted on aeronautical charts for pilot

reference.

DATES: Comments must be received on

or before July 27, 1998.

ADDRESSES: Send comments on the

proposed rule in triplicate to: Manager,

Airspace Branch, AEA–520, Docket No.

98–AEA–08, F.A.A. Eastern Region,

Federal Building #111, John F. Kennedy

Int’l Airport, Jamaica, NY 11430. The

official docket may be examined in the

Office of the Regional Counsel, AEA–7,

F.A.A. Eastern Region, Federal Building

#111, John F. Kennedy International

Airport, Jamaica, New York 11430.

An informal docket may also be

examined during normal business hours

in the Airspace Branch, AEA–520,

F.A.A. Eastern Region, Federal Building

#111, John F. Kennedy International

Airport, Jamaica, NY 11430.

FOR FURTHER INFORMATION CONTACT: Mr.

Francis T. Jordan, Jr., Airspace Branch,

AEA–520, F.A.A. Eastern Region,

Federal Building #111, John F. Kennedy

International Airport, Jamaica, New

York 11430; telephone: (718) 553–4521.

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.

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 the

airspace docket number and be

submitted in triplicate to the address

listed above. Commenters wishing the

FAA to acknowledge receipt of their

comments on this notice must submit

with those comments a self-addressed,

stamped postcard on which the

following statement is made:

‘‘Comments to Airspace Docket No. 98–

AEA–08’’. The postcard will be date/

time stamped and returned to the

commenter.

All communications received before

the specified closing date for comments

will be considered before taking action

on the proposed rule. The proposal

contained in this notice may be changed

in the light of comments received. All

comments submitted will be available

for examination in the Rules Docket

both before and after the closing date for

comments. A report summarizing each

substantive public contact with the FAA

personnel concerned with this

rulemaking will be filed in the docket.

Availability of NPRMs

Any person may obtain a copy of this

Notice of Proposed Rulemaking (NPRM)

by submitting a request to the Office of

the Regional Counsel, AEA–7, F.A.A.

Eastern Region, Federal Building #111,

John F. Kennedy International Airport,

Jamaica, NY 11430. Communications

must identify the notice number of this

NPRM. Persons interested in being

placed on a mailing list for future

NPRM’s should also request a copy of

Advisory Circular No. 11–2A, which

describes the application procedure.

The Proposal

The FAA is considering an

amendment to Part 71 of the Federal

Aviation Regulations (14 CFR part 71) to

amend Class E airspace extending

upward from 700 feet above the surface

(AGL) at Johnstown, PA. A GPS Point In

Space Approach has been developed for

the Conemaugh Valley Memorial

Hospital Heliport. Additional controlled

airspace extending upward from 700

feet above the surface (AGL) is needed

to accommodate this approach and for

IFR operations to the heliport. The area

would be depicted on appropriate

aeronautical charts.

Class E airspace designations for

airspace extending upward from 700

feet above the surface are published in

Paragraph 6005 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 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 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 would only affect air

traffic procedures and air navigation, it

is certified that this proposed rule

would 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).

The Proposed Amendment

In consideration of the foregoing, the

Federal Aviation Administration

proposes to amend 14 CFR part 71 as

follows:

PART 71—[AMENDED]

1. The authority citation for Part 71

continues to read as follows: