Federal Register / Vol. 60, No. 11 / Wednesday, January 18, 1995 / Proposed Rules 3593

airworthiness of these airplanes in the

United Kingdom.

This airplane model is manufactured

in the United Kingdom and is type

certificated for operation in the United

States under the provisions of section

21.29 of the Federal Aviation

Regulations (14 CFR 21.29) and the

applicable bilateral airworthiness

agreement. Pursuant to this bilateral

airworthiness agreement, the CAA has

kept the FAA informed of the situation

described above. The FAA has

examined the findings of the CAA,

reviewed all available information, and

determined that AD action is necessary

for products of this type design that are

certificated for operation in the United

States.

Since an unsafe condition has been

identified that is likely to exist or

develop on other airplanes of the same

type design registered in the United

States, the proposed AD would require

replacement of the existing standby

static inverters with a printed circuit

board assembly that is properly sealed

with a conformal coating. The actions

would be required to be accomplished

in accordance with the service bulletin

described previously.

As a result of recent communications

with the Air Transport Association

(ATA) of America, the FAA has learned

that, in general, some operators may

misunderstand the legal effect of AD’s

on airplanes that are identified in the

applicability provision of the AD, but

that have been altered or repaired in the

area addressed by the AD. The FAA

points out that all airplanes identified in

the applicability provision of an AD are

legally subject to the AD. If an airplane

has been altered or repaired in the

affected area in such a way as to affect

compliance with the AD, the owner or

operator is required to obtain FAA

approval for an alternative method of

compliance with the AD, in accordance

with the paragraph of each AD that

provides for such approvals. A note has

been included in this notice to clarify

this requirement.

The FAA estimates that 450 airplanes

of U.S. registry would be affected by this

proposed AD, that it would take

approximately 4 work hours per

airplane to accomplish the proposed

actions, and that the average labor rate

is $60 per work hour. Required parts

would cost approximately $410 per

airplane. Based on these figures, the

total cost impact of the proposed AD on

U.S. operators is estimated to be

$292,500, or $650 per airplane.

The total 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.

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. App. 1354(a), 1421

and 1423; 49 U.S.C. 106(g); and 14 CFR

11.89.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

Raytheon Corporate Jets, Inc. (Formerly de

Havilland; Hawker Siddeley; British

Aerospace, plc): Docket 94–NM–220–

AD.

Applicability: Model DH/BH/HS/BAe 125–

1 to –700 series airplanes, inclusive, on

which Modification 252740 has been

installed; Model BAe 125–800A series

airplanes, having constructor’s numbers prior

to number 258248; and Hawker 800 series

airplanes, 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 use the authority

provided in paragraph (b) to request approval

from the FAA. This approval may address

either no action, if the current configuration

eliminates the unsafe condition; or different

actions necessary to address the unsafe

condition described in this AD. Such a

request should include an assessment of the

effect of the changed configuration on the

unsafe condition addressed by this AD. In no

case does the presence of any modification,

alteration, or repair remove any airplane from

the applicability of this AD.

Compliance: Required as indicated, unless

accomplished previously.

To prevent an electrical short in the

standby static inverter due to the printed

circuit boards being exposed to condensed

moisture, accomplish the following:

(a) Within 5 months of the effective date

of this AD, remove the existing standby static

inverter (type PC 250) and replace it with a

Mod C Marathon/Flitetronics Inverter (type

PC 250), in accordance with Raytheon

Corporate Jets Hawker Service Bulletin

SB.24–308–7673A, Revision 1, dated July 11,

1994.

(b) 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,

Standardization Branch, ANM–113, 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, Standardization

Branch, ANM–113.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Standardization Branch,

ANM–113.

(c) 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 January

11, 1995.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 95–1135 Filed 1–17–95; 8:45 am]

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14 CFR Part 71

[Airspace Docket No. 94–AWP–31]

Proposed Establishment of Class E

Airspace; Wahiawa Wheeler AAF, HI

AGENCY: Federal Aviation

Administration (FAA), DOT.
3594 Federal Register / Vol. 60, No. 11 / Wednesday, January 18, 1995 / Proposed Rules

ACTION: Notice of proposed rulemaking.

SUMMARY: This action proposes to

establish Class E airspace area at

Wheeler AAF, HI. Additional controlled

airspace is required for aircraft

executing an Nondirectional Radio

Beacon (NDB) standard instrument

approach procedure (SIAP). The

intended effect of this proposal is to

provide adequate Class E airspace for

instrument flight rules (IFR) operations

at Wheeler AAF.

DATES: Comments must be received on

or before March 2, 1995.

ADDRESSES: Send comments on the

proposal in triplicate to: Federal

Aviation Administration, Attn:

Manager, System Management Branch,

AWP–530, Docket No. 94–AWP–31, Air

Traffic Division, P.O. Box 92007,

Worldway Postal Center, Los Angeles,

California, 90009.

The official docket may be examined

in the Office of the Assistant Chief

Counsel, Western Pacific Region,

Federal Aviation Administration, Room

6007, 15000 Aviation Boulevard,

Lawndale, California, 90261.

An informal docket may also be

examined during normal business at the

Office of the Manager, System

Management Branch, Air Traffic

Division at the above address.

FOR FURTHER INFORMATION CONTACT:

Scott Speer, Airspace Specialist, System

Management Branch, AWP–530, Air

Traffic Division, Western-Pacific

Region, Federal Aviation

Administration, 15000 Aviation

Boulevard, Lawndale, California, 90261,

telephone (310) 297–0010.

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 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 the

comments a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Airspace Docket No. 94–AWP–31.’’ 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 the light of comments received. All

comments submitted will be available

for examination in the System

Management Branch, Air Traffic

Division, at 15000 Aviation Boulevard,

Lawndale, California 90261, 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

Any person may obtain a copy of this

Notice of Proposed Rulemaking (NPRM)

by submitting a request to the Federal

Aviation Administration, System

Management Branch, P.O. Box 92007,

Worldway Postal Center, Los Angeles,

California 90009. 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 procedures.

The Proposal

The FAA is considering an

amendment to part 71 of the Federal

Aviation Regulations (14 CFR part 71) to

provide additional controlled airspace

for Instrument Flight Rules (IFR)

procedures at the Wheeler AAF. The

effect of this proposal is to provide

adequate Class E airspace for IFR

operators executing the Copter NDB

155° approach at Wheeler AAF, HI. The

coordinates for this airspace docket are

based on North American Datum 83.

Class E airspace designations for

airspace areas designated as an

extension to a Class D surface area are

published in Paragraph 6004 of FAA

Order 7400.9B dated July 18, 1994, and

effective September 16, 1994, 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 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 10034; 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 proposal 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

Aviation safety, Incorporation by

reference, Navigation (air).

The Proposed Amendment

Accordingly, pursuant to the

authority delegated to me, the Federal

Aviation Administration proposes to

amend part 71 of the Federal Aviation

Regulations (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. app. 1348(a), 1354(a),

1510; E.O. 10854; 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389; 49 U.S.C. 106(g), 14 CFR

11.69.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of the Federal Aviation

Administration Order 7400.09B,

Airspace Designations and Reporting

Points, dated July 18, 1994, and

effective September 16, 1994, is

amended as follows:

Paragraph 6004 Class E Airspace Areas

Designated as an Extension to a Class D

Surface Area

* * * * *

AWP HI E4 Wahiawa Wheeler AAF, HI

[New]

Wahiawa Wheeler AAF, HI

(Lat. 21°29′26′′ N, long. 158°03′32′′ W)

That airspace extending upward from the

surface within 2.4 miles either side of the

346° bearing from the Wheeler AAF

extending from the 2.6-miles radius of the

Wheeler AAF to 10 miles north of the

Wheeler AAF, excluding the portion within

Restricted Area R–3109 and Alert Area A–

311. This Class E airspace area is effective

during the specific dates and times

established in advance by a Notice to

Airmen. The effective date and time will

thereafter be continuously published in the

Airport/Facility Directory, Pacific Chart

Supplement.

* * * * *

Issued in Los Angeles, California, on

December 23, 1994.

Dennis T. Koehler,

Acting Manager, Air Traffic Division,

Western-Pacific Region.

[FR Doc. 95–1144 Filed 1–17–95; 8:45 am]

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