40668 Federal Register / Vol. 63, No. 146 /Thursday, July 30, 1998 / Proposed Rules

(1) Replace the shock strut cylinder with a

crack-free serviceable part and, thereafter,

repeat the inspections required by paragraph

(a) of this AD, at the time specified in

paragraph (a)(1), (a)(2), or (a)(3) of this AD,

as applicable. Or

(2) Replace the shock strut cylinder with a

new shock strut cylinder. Accomplishment of

the replacement constitutes terminating

action for the repetitive inspection

requirements of paragraph (a) of this AD.

Note 4: Replacements accomplished prior

to the effective date of this AD in accordance

with McDonnell Douglas Alert Service

Bulletin MD80–32A286, Revision 02, dated

October 2, 1997, are considered acceptable

for compliance with paragraph (b) of this AD.

(c) As of the effective date of this AD, no

person shall install on any airplane an MLG

shock strut cylinder or MLG assembly unless

that part has been inspected and found to be

crack free, in accordance with McDonnell

Douglas Alert Service MD80–32A286,

Revision 02, dated October 2, 1997, or

Revision 03, dated May 28, 1998.

(d)(1) 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 Aircraft Certification Office (ACO),

FAA, Transport Airplane Directorate.

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 5: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Los Angeles ACO.

(d)(2) Alternative methods of compliance,

approved previously in accordance with AD

95–22–06, amendment 39–9413, are

approved as alternative methods of

compliance with this AD.

(e) Special flight permits may be issued in

accordance with §§ 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 July 24,

1998.

S. R. Miller,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–20339 Filed 7–29–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 97–AWA–4]

RIN 2120–AA66

Proposed Establishment of Class C

Airspace, and Revocation of Class D

Airspace, Austin-Bergstrom

International Airport, TX; and

Revocation of Robert Mueller

Municipal Airport Class C Airspace; TX

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This notice proposes to

establish a Class C airspace area and

revoke the existing Class D airspace area

at the Austin-Bergstrom International

Airport, Austin, TX. In addition, this

notice proposes to revoke the existing

Class C airspace area at the Robert

Mueller Municipal Airport, Austin, TX.

The FAA is proposing this action in

support of the planned closure of the

Robert Mueller Municipal Airport, and

the transfer of airport operations from

the Robert Mueller Municipal Airport to

the Austin-Bergstrom International

Airport. The Austin-Bergstrom

International Airport is a public-use

facility that will be serviced by a Level

IV control tower and a Radar Approach

Control. The establishment of this Class

C airspace area would require pilots to

maintain two-way radio

communications with air traffic control

(ATC) while in Class C airspace.

Implementation of the Class C airspace

area would promote the efficient use of

airspace, and reduce the risk of midair

collision in the terminal area.

DATES: Comments must be received on

or before September 17, 1998.

ADDRESSES: Send comments on the

proposal in triplicate to: Federal

Aviation Administration, Office of the

Chief Counsel, Attention: Rules Docket,

AGC–200, Airspace Docket No. 97-

AWA–4, 800 Independence Avenue,

SW., Washington, DC 20591. The

official docket may be examined in the

Rules Docket, Office of the Chief

Counsel, Room 916, weekdays, except

Federal holidays, between 8:30 a.m. and

5:00 p.m.

An informal docket may also be

examined during normal business hours

at the office of the Regional Air Traffic

Division, Federal Aviation

Administration, 2601 Meacham Blvd.,

Fort Worth, TX 76193–0500.

FOR FURTHER INFORMATION CONTACT: Ms.

Sheri Edgett Baron, Airspace and Rules

Division, ATA–400, Office of Air Traffic

Airspace Management, Federal Aviation

Administration, 800 Independence

Avenue, SW., Washington, DC 20591;

telephone: (202) 267–8783.

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. 97–

AWA–4.’’ The postcard will be date/

time stamped and returned to the

commenter. All communications

received on or 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 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 FAA

personnel concerned with this

rulemaking will be filed in the docket.

Availability of NPRM’s

An electronic copy of this document

may be downloaded from the FAA

regulations section of the Fedworld

electronic bulletin board service

(telephone: 703–321–3339) or the

Federal Register’s electronic bulletin

board service (telephone: 202–512–

1661), using a modem and suitable

communications software.

Internet users may reach the FAA’s

web page at http://www.faa.gov or the

Federal Register’s web page at http://

www.access.gpo.gov/suldocs for

access to recently published rulemaking

documents.

Any person may obtain a copy of this

NPRM by submitting a request to the

Federal Aviation Administration, Office
Federal Register / Vol. 63, No. 146 /Thursday, July 30, 1998 / Proposed Rules 40669

of Air Traffic Airspace Management,

Attention: Airspace and Rules Division,

ATA–400, 800 Independence Avenue,

SW., Washington, DC 20591, or by

calling (202) 267–3075.

Communications must identify the

notice number of this NPRM. Persons

interested in being placed on a mailing

list for future NPRM’s should contact

the Federal Aviation Administration,

Office of Rulemaking, (202) 267–9677,

to request a copy of Advisory Circular

No. 11–2A, which describes the

application procedure.

Background

On April 22, 1982, the National

Airspace Review (NAR) plan was

published in the Federal Register (47

FR 17448). The plan encompassed a

review of airspace use and the

procedural aspects of the ATC system.

Among the main objectives of the NAR

was the improvement of the ATC system

by increasing efficiency and reducing

complexity. In its review of terminal

airspace, NAR Task Group 1–2

concluded that Terminal Radar Service

Areas (TRSA’s) should be replaced.

Four types of airspace configurations

were considered as replacement

candidates and Model B, the Airport

Radar Service Area (ARSA)

configuration, was recommended by a

consensus of the task group.

The FAA published NAR

Recommendation 1–2.2–1, ‘‘Replace

Terminal Radar Service Areas with

Model B Airspace and Service’’ in

Notice 83–9 (48 FR 34286, July 28,

1983), proposing the establishment of

ARSA’s at the Robert Mueller Municipal

Airport, Austin, TX, and the Port of

Columbus International Airport,

Columbus, OH. ARSA’s were designated

at these airports on a temporary basis by

Special Federal Aviation Regulation No.

45 (48 FR 50038; October 28, 1983) to

provide operational confirmation of the

ARSA concept for potential application

on a national basis.

Following a confirmation period of

more than a year, the FAA adopted the

NAR recommendation and, on February

27, 1985, issued a final rule (50 FR

9252; March 6, 1985) defining ARSA

airspace and establishing air traffic rules

for operation within such an area.

Concurrently, by separate rulemaking

action, ARSA’s were permanently

established at the Austin, TX,

Columbus, OH, and the Baltimore/

Washington International Airports (50

FR 9250; March 6, 1985). The FAA

stated that future notices would propose

ARSA’s for other airports at which

TRSA procedures were in effect.

A number of problems with the TRSA

program were identified by the NAR

Task Group. The task group stated that

because of the different levels of service

offered in terminal areas, users are not

always sure of what restrictions or

privileges exist or how to cope with

them. According to the NAR Task

Group, there is a shared feeling among

users that TRSA’s are often poorly

defined, are generally dissimilar in

dimensions, and encompass more area

than is necessary or desirable. There are

other users who believe that the

voluntary nature of the TRSA does not

adequately address the problems

associated with nonparticipating aircraft

operating in relative proximity to the

airport and associated approach and

departure courses. The consensus

among the user organizations is that

within a given standard airspace

designation, a terminal radar facility

should provide all pilots the same level

of service and in the same manner, to

the extent feasible.

Additionally, the NAR Task Group

recommended that the FAA develop

quantitative criteria for proposing to

establish ARSA’s at locations other than

those which were included in the TRSA

replacement program. The task group

recommended that these criteria

include, among other things, traffic mix,

flow and density, airport configuration,

geographical features, collision risk

assessment, and ATC capabilities to

provide service to users. These criteria

have been developed and are published

via the FAA directives system (Order

7400.2, Procedures for Handling

Airspace Matters).

The FAA has established ARSA’s at

123 locations under a phased

implementation plan to replace TRSA’s

with ARSA’s. Airspace Reclassification,

effective September 16, 1993,

reclassified ARSA’s as Class C airspace

areas. This change in terminology is

reflected in the remainder of this NPRM.

This notice proposes a Class C

airspace designation at a location which

was not identified as a candidate for

Class C airspace in the preamble to

Amendment No. 71–10 (50 FR 9252).

Other candidate locations will be

proposed in future notices published in

the Federal Register.

The Austin-Bergstrom International

Airport is a public-use airport with an

operating Level IV control tower served

by Radar Approach Control.

The Proposal

The FAA is proposing an amendment

to part 71 of the Federal Aviation

Regulations (14 CFR part 71) to establish

a Class C airspace area and revoke the

existing Class D airspace area at the

Austin-Bergstrom International Airport

located in Austin, TX. In addition, this

notice proposes to revoke the existing

Class C airspace area at the Robert

Mueller Municipal Airport located in

Austin, TX. The FAA is proposing this

action in support of the planned closure

of the Robert Mueller Municipal

Airport, and the transfer of airport

operations from the Robert Mueller

Municipal Airport to the AustinBergstrom International Airport. The

Austin-Bergstrom International Airport

is a public-use facility that will be

serviced by a Level IV control tower and

a Radar Approach Control. With the

airport relocating, the annual volume of

instrument operations for the AustinBergstrom International Airport will

equal or exceed current operations at

the Robert Mueller Municipal Airport.

This volume of instrument operations

meets the FAA criteria for establishing

Class C airspace. Implementation of the

Class C airspace area would promote the

efficient use of airspace and reduce the

risk of midair collision in the terminal

area.

The FAA published a final rule (50 FR

9252, March 6, 1985) that defines Class

C airspace and prescribes operating

rules for aircraft, ultralight vehicles, and

parachute jump operations in Class C

airspace areas. The final rule provides,

in part, that all aircraft arriving at any

airport in Class C airspace must: (1)

prior to entering the Class C airspace,

establish two-way radio

communications with the ATC facility

having jurisdiction over the area; and (2)

while in Class C airspace, maintain twoway radio communications with that

ATC facility. For aircraft departing from

the primary airport within Class C

airspace, or a satellite airport with an

operating control tower, two-way radio

communications must be established

and maintained with the control tower

and thereafter as instructed by ATC

while operating in Class C airspace. For

aircraft departing a satellite airport

without an operating control tower and

within Class C airspace, two-way radio

communications must be established

with the ATC facility having

jurisdiction over the area as soon as

practicable after takeoff and thereafter

maintained while operating within the

Class C airspace area (14 CFR 91.130).

Pursuant to Federal Aviation

Regulations section 91.130 (14 CFR part

91) all aircraft operating within Class C

airspace are required to comply with

sections 91.129 and 91.130. Ultralight

vehicle operations and parachute jumps

in Class C airspace areas may only be

conducted under the terms of an ATC

authorization.

The FAA adopted the NAR Task

Group recommendation that each Class

C airspace area be of the same airspace
40670 Federal Register / Vol. 63, No. 146 /Thursday, July 30, 1998 / Proposed Rules

configuration insofar as practicable. The

standard Class C airspace area consists

of that airspace within 5 nautical miles

(NM) of the primary airport, extending

from the surface to an altitude of 4,000

feet above that airport’s elevation, and

that airspace between 5 and 10 NM’s

from the primary airport from 1,200 feet

above the surface to an altitude of 4,000

feet above that airport’s elevation.

Proposed deviations from this standard

have been necessary at some airports

because of adjacent regulatory airspace,

international boundaries, topography, or

unusual operational requirements.

Definitions and operating

requirements applicable to Class C

airspace may be found in § 71.51 of part

71 and §§ 91.1 and 91.130 of part 91 of

Title 14 Code of Federal Regulations (14

CFR). The coordinates for this airspace

docket are based on North American

Datum 83. Class C and Class D airspace

designations are published,

respectively, in paragraphs 4000 and

5000 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 C airspace designation

listed in this document would be

published subsequently in the Order,

and the Class D airspace designation

listed in this document would be

removed subsequently from the Order.

Public Input

Normally, the FAA would hold

informal airspace meetings before

publication of this NPRM. However,

limited time between the issuance of

this action and the proposed opening of

the Austin-Bergstrom International

Airport does not lend time for sufficient

notice. The FAA will hold public

information sessions where this

proposal will be discussed with

interested parties. These sessions were

announced in the Federal Register on

June 10, 1998 (63 FR 31678).

Regulatory Evaluation Summary

Changes to Federal regulations must

undergo several economic analyses.

First, Executive Order 12866 directs that

each Federal agency shall propose or

adopt a regulation only upon a reasoned

determination that the benefits of the

intended regulation justify its costs.

Second, the Regulatory Flexibility Act

of 1980 requires agencies to analyze the

economic effect of regulatory changes

on small entities. Third, the Office of

Management and Budget directs

agencies to assess the effect of

regulatory changes on international

trade.

In conducting these analyses, the FAA

has determined that this proposed rule

is not ‘‘a significant regulatory action’’

as defined in the Executive Order and

the Department of Transportation

Regulatory Policies and Procedures.

This proposed rule would not have a

significant impact on a substantial

number of small entities, would not

constitute a barrier to international

trade, and does not contain any Federal

intergovernmental or private sector

mandates. These analyses, available in

the docket, are summarized below.

The proposed rule would move the

Class C airspace area, presently located

at the Robert Mueller Municipal

Airport, 5 miles to the south to the

Austin-Bergstrom International Airport.

This action is to take effect when the

Robert Mueller Municipal Airport closes

(in April 1999) and all operations are

transferred to the Austin-Bergstrom

International Airport.

Costs of approximately $850 would be

incurred by the FAA in order to send a

Letter to Airmen to pilots within a 50-

mile radius of the Austin-Bergstrom

International Airport informing them of

the airspace change. The FAA would

not incur any costs for ATC staffing,

training, or equipment. Changes to

sectional charts would occur during the

chart cycle and would cause no

additional costs beyond the normal

update of the charts. Public meetings

and safety seminars would not result in

costs to the aviation community because

they would occur regardless of this

proposed rulemaking. Aircraft owners

and operators would not incur costs for

equipment because they are already

operating in Class C airspace at the

Robert Mueller Municipal Airport.

The FAA has determined that moving

the Class C airspace area from the

Robert Mueller Municipal Airport to the

Austin-Bergstrom International Airport

would maintain the level of safety now

existing at the Austin-Bergstrom

International Airport. The FAA has

determined that the proposed rule

would be cost-beneficial.

Initial Regulatory Flexibility

Determination

The Regulatory Flexibility Act of 1980

(RFA) establishes ‘‘as a principle of

regulatory issuance that agencies shall

endeavor, consistent with the objective

of the rule and of applicable statutes, to

fit regulatory and informal requirements

to the scale of business, organizations,

and governmental jurisdictions subject

to regulation.’’ To achieve that

principle, the RFA requires agencies to

solicit and consider flexible regulatory

proposals and to explain the rationale

for their actions.

All commercial and general aviation

operators who presently use the Robert

Mueller Municipal Airport are currently

equipped to use the Austin-Bergstrom

International Airport. There are only

negligible costs associated with this

proposed rule in the form of printing

and postage of letters to airmen to

inform them of the airspace change.

Accordingly, the FAA certifies that

there is no significant economic impact

on a substantial number of small entities

as a result of this proposed rulemaking.

The FAA solicits comments from

affected entities with respect to this

finding and determination.

International Trade Impact Assessment

This proposed rule would not

constitute a barrier to international

trade, including the export of U.S. goods

and services to foreign countries or the

import of foreign goods and services

into the United States.

Unfunded Mandates Assessment

Title II of the Unfunded Mandates

Reform Act of 1995 (the Act), enacted as

Public Law 104–4 on March 22, 1995,

requires each Federal agency, to the

extent permitted by law, to prepare a

written assessment of the effects of any

Federal mandate in a proposed or final

agency rule that may result in the

expenditure of $100 million or more

(when adjusted annually for inflation)

in any one year by state, local, and tribal

governments in the aggregate, or by the

private sector. Section 204(a) of the Act,

2 U.S.C. 1534(a), requires the Federal

agency to develop an effective process

to permit timely input by elected

officers (or their designees) of state,

local, and tribal governments on a

proposed ‘‘significant intergovernmental

mandate.’’ A ‘‘significant

intergovernmental mandate’’ under the

Act is any provision in a Federal agency

regulation that would impose an

enforceable duty upon state, local, and

tribal governments to expend in the

aggregate of $100 million adjusted

annually for inflation in any one year.

Section 203 of the Act, 2 U.S.C. 1533,

which supplements section 204(a),

provides that, before establishing any

regulatory requirements that might

significantly or uniquely affect small

governments, the agency shall have

developed a plan that, among other

things, provides for notice to potentially

affected small governments, if any, and

for a meaningful and timely opportunity

to provide input in the development of

regulatory proposals.

This proposed rule does not contain

any Federal intergovernmental or

private sector mandates. Therefore, the

requirements of Title II of the Unfunded

Mandates Reform Act of 1995 do not

apply.
Federal Register / Vol. 63, No. 146 /Thursday, July 30, 1998 / Proposed Rules 40671

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:

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 4000—Subpart C–Class C

Airspace

* * * * *

ASW TX C Austin-Bergstrom International

Airport, TX [NEW]

Austin-Bergstrom International Airport, TX

(lat. 30°11′48′′N., long. 97°40′44′′W.) BSM

That airspace extending upward from the

surface to, and including, 4,500 feet MSL

within a 5-mile radius of the AustinBergstrom International Airport, and that

airspace extending upward from 2,100 feet

MSL to and including 4,500 feet MSL within

a 10-mile radius of the Austin-Bergstrom

International Airport.

* * * * *

ASW TX C Austin, Robert Mueller Municipal

Airport, TX [Removed]

* * * * *

Paragraph 5000—Subpart D–Class D Airspace

* * * * *

ASW TX D Austin-Bergstrom, TX

[Removed]

* * * * *

Issued in Washington, DC, on July 24,

1998.

Reginald C. Matthews,

Acting Program Director for Air Traffic

Airspace Management.

BILLING CODE 4910–13–U
40672 Federal Register / Vol. 63, No. 146 /Thursday, July 30, 1998 / Proposed Rules

[FR Doc. 98–20342 Filed 7–29–98; 8:45 am]

BILLING CODE 4910–13–C