13626 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Rules and Regulations

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. 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

removing AD 94–18–04, Amendment

39–9017 (59 FR 43727, September 25,

1994), and by adding a new

airworthiness directive to read as

follows:

94–18–04 R1 Univair Aircraft Corporation:

Amendment 39–9173; Docket No. 94–

CE–05–AD. Revises AD 94–18–04,

Amendment 39–9017.

Applicability: Models Ercoupe 415–C, 415–

CD, 415–D, 415–E, and 415–G, Forney F–1

and F–1A, Alon A–2 and A–2A, and Mooney

M10 airplanes (all serial numbers),

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 (d) of this AD 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 aircraft from the

applicability of this AD.

Compliance: Required within the next 12

calendar months after the effective date of

this AD, unless already accomplished (See

Note 2).

To prevent wing damage caused by a

corroded wing outer panel structural

component, which, if not detected and

corrected, could progress to the point of

structural failure, accomplish the following:

(a) Install inspection openings in the outer

wing panels and inspect the wing outer panel

internal structural components for corrosion

in accordance with the PROCEDURE section

of Univair Service Bulletin (SB) No. 29,

Revision B, dated January 2, 1995. Prior to

further flight, repair any corroded wing outer

panel internal structural component in

accordance with the instructions contained

in the above-referenced service information.

Note 2: Complying with the original

version of Univair SB No. 29, dated January

27, 1994, or Univair SB No. 29, Revision A,

dated June 7, 1994, is considered equivalent

to the requirements of paragraph (a) of this

AD, and is considered ‘‘unless already

accomplished’’ for that portion of the AD.

(b) Send the results of the inspection

required by paragraph (a) of this AD to the

Manager, Denver Aircraft Certification Office

(ACO), 5440 Roslyn Street, suite 133, Denver,

Colorado 80216. State whether corrosion was

found, the location and extent of any

corrosion found, and the total hours time-inservice of the component at the time the

corrosion was found. (Reporting approved by

the Office of Management and Budget under

OMB no. 2120–0056.)

(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.

(d) An alternative method of compliance or

adjustment of the compliance time that

provides an equivalent level of safety may be

approved by the Manager, Denver ACO, 5440

Roslyn Street, suite 133, Denver, Colorado

80216. The request shall be forwarded

through an appropriate FAA Maintenance

Inspector, who may add comments and then

send it to the Manager, Denver ACO.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Denver ACO.

(e) The inspection and installation required

by this AD shall be done in accordance with

Univair Service Bulletin No. 29, Revision B,

dated January 2, 1995. 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 the Univair Aircraft

Corporation, 2500 Himalaya Road, Aurora,

Colorado 80011. Copies may be inspected at

the FAA, Central Region, Office of the

Assistant Chief 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.

(f) This amendment (39–9173) revises AD

94–18–04, Amendment 39–9017.

(g) This amendment (39–9173) becomes

effective on March 24, 1995.

Issued in Kansas City, Missouri, on March

6, 1995.

Barry D. Clements,

Manager, Small Airplane Directorate, Aircraft

Certification Service.

[FR Doc. 95–6058 Filed 3–13–95; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 71

[Airspace Docket No. 94–ASO–25]

Establishment of Class E Airspace;

Hampton, GA

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This amendment establishes

Class E airspace at Hampton, GA. A GPS

RWY 24 Standard Instrument Approach

Procedure (SIAP) has been developed

for Clayton County-Tara Field.

Controlled airspace extending upward

from 700 feet above the surface (AGL) is

needed to accommodate this SIAP and

for instrument flight rules (IFR)

operations at the airport. The operating

status of the airport will change from

VFR to include IFR operations

concurrent with publication of the

SIAP.

EFFECTIVE DATE: 0901 UTC, May 25,

1995.

FOR FURTHER INFORMATION CONTACT:

Michael J. Powderly, System

Management Branch, Air Traffic

Division, Federal Aviation

Administration, P.O. Box 20636,

Atlanta, Georgia 30320; telephone (404)

305–5570.

SUPPLEMENTARY INFORMATION:

History

On January 4, 1995, the FAA

proposed to amend part 71 of the

Federal Aviation Regulations (14 CFR

part 71) by establishing Class E airspace

at Hampton GA (60 FR 396). This action

would provide adequate Class E

airspace for IFR operations at Clayton

County-Tara Field.

Interested parties were invited to

participate in this rulemaking

proceeding by submitting written

comments on the proposal to the FAA.

No comments objecting to the proposal

were received. Designations for Class E

airspace extending upward from 700

feet or more above the surface are

published in Paragraph 6005 of FAA

Order 7400.9B dated July 18, 1994, and

effective September 16, 1994. The Class

E airspace designation listed in this

document will be published

subsequently in the Order.

The Rule

This amendment to part 71 of the

Federal Aviation Regulations (14 CFR

part 71) establishes Class E airspace at

Hampton, GA, to accommodate a GPS

RWY 24 SIAP and contain IFR

operations at Clayton County-Tara

Field. The operating status of the airport

will be changed from VFR to include
Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Rules and Regulations 13627

IFR operations concurrent with

publication of the SIAP.

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. It, therefore, (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—[AMENDED]

1. The authority citation for 14 CFR

part 71 continues to read as follows:

Authority: 49 U.S.C. app. 1348(a), 1354(a),

1510; EO 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., 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 Federal Aviation

Administration Order 7400.9B, Airspace

Designations and Reporting Points,

dated July 18, 1994, and effective

September 16, 1994, is amended as

follows:

Paragraph 6005 Class E Airspace Areas

Extending Upward From 700 Feet Above the

Surface of the Earth.

* * * * *

ASO GA E5 Hampton, GA [New]

Clayton County—Tara Field, GA

(Lat. 33°23′21′′ N, long. 84°19′57′′ W)

That airspace extending upward from 700

feet above the surface within a 6.8 mile

radius of Clayton County-Tara Field;

excluding that airspace within the Atlanta,

GA, Peachtree City, GA, and Griffin, GA

Class E airspace areas.

* * * * *

Issued in College Park, Georgia, on March

1, 1995.

Walter E. Denley,

Acting Manager, Air Traffic Division,

Southern Region.

[FR Doc. 95–6277 Filed 3–13–95; 8:45 am]

BILLING CODE 4910–13–M

14 CFR Part 91

[Docket No. 28134]

Policy on Use of Interchange

Agreements for Noise Compliance

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Policy statement.

SUMMARY: This document sets forth a

statement of Federal Aviation

Administration (FAA) policy

concerning the use of airplane sharing

agreements to accomplish compliance

with the Stage 3 noise transition

regulations. As a result of its experience

during the first interim compliance date,

the FAA has become aware of a noise

compliance concern involving such

agreements. This policy statement is

intended to provide operators that

participate in airplane sharing

agreements with notice and guidance on

how the FAA will view such agreements

for compliance with the Stage 3

transition regulations.

DATES: This policy is effective on March

14, 1995.

Comments concerning this policy

must be received on or before

September 11, 1995.

ADDRESSES: Send comments on this

notice to: Federal Aviation

Administration (FAA), Office of the

Chief Counsel, Attn: Rules Docket,

AGC–200, Docket No. 28134, 800

Independence Avenue SW.,

Washington, DC 20591.

Comments may be examined or

delivered in person at the above address

in room 916G, weekdays between 8:30

a.m. and 5 p.m., except Federal

holidays.

FOR FURTHER INFORMATION CONTACT:

Mr. William W. Albee, Policy and

Regulatory Division (AEE–300), Office

of Environment and Energy, Federal

Aviation Administration, 800

Independence Avenue, SW.,

Washington, DC 20591; telephone (202)

267–3553, facsimile (202) 267–5594.

SUPPLEMENTARY INFORMATION: Sections

91.865 and 91.867 of 14 CFR each

required that as of December 31, 1994,

an operator of Stage 2 airplanes either

reduce the number of Stage 2 airplanes

it operates by 25% from its base level,

achieve a fleet mix of airplanes that is

55% Stage 3 airplanes, or in the case of

a new entrant, achieve a fleet mix that

is 25% Stage 3 airplanes. These same

regulations require that, after the next

interim compliance date, December 31,

1996, each operator must either reduce

the number of Stage 2 airplanes it

operates by 50% from its base level or

achieve a fleet mix that is 65% Stage 3

airplanes (or, 50% for new entrants).

The FAA’s experience with the first

interim compliance date has raised a

serious concern involving airplane

interchange agreements and other

arrangements that result in an

individual airplane being enumerated

on the operations specifications of more

than one operator. To ensure that the

objectives of the 1990 Airport Noise and

Capacity Act and the implementing

regulations are not compromised during

the interim compliance period, to

ensure that the benefits are fully

realized, and to prevent foreseeable

future difficulties in compliance, the

FAA is formally stating its policy for the

manner in which Stage 3 airplanes are

‘‘counted’’ for compliance purposes.

Recent analysis of operators’

compliance reports for 1994, which are

required under 14 CFR 91.875, has

revealed that some operators appear to

have entered into Stage 3 airplane

sharing agreements solely or primarily

for the purpose of achieving compliance

with the first interim compliance

deadline of the Stage 3 transition rules,

December 31, 1994. These airplane

sharing agreements take several forms,

including formal interchange

agreements between operators and

instances of two or more operators

leasing the same airplane from a lessor.

This results in the same Stage 3 airplane

being counted for compliance by two or

more operators, depending on the

sharing arrangement. The FAA views

this result to directly contradict the

intent and objectives the Airport Noise

and Capacity Act and its implementing

regulations.

Under such arrangements, a single

Stage 3 airplane could be used to

support the presence of an almost

limitless number of Stage 2 airplanes.

Allowing a proliferation of such sharing

arrangements for the purpose of noise

rule compliance can be expected to

result in the delay of Stage 2 airplane

retirement or modification by the

participating operators. Such delays not

only reduce the anticipated benefits of

the Congressionally mandated interim

compliance period, but have the more

insidious effect of operators further

delaying the business and financial

decisions and actions necessary to

achieve full compliance by 1999. If

these paper-only compliance situations