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18433

Rules and Regulations Federal Register


Vol. 73, No. 66

Friday, April 4, 2008

This section of the FEDERAL REGISTER management. Therefore, this rule is Organic Foods Production Act of
contains regulatory documents having general exempt from the provisions of Executive 1990, sections 2119 and 2120 (7 U.S.C.
applicability and legal effect, most of which Orders 12866 and 12988. Moreover, 6519, 6520).
are keyed to and codified in the Code of pursuant to 5 U.S.C. 553, notice of
Federal Regulations, which is published under
* * * * *
proposed rulemaking and opportunity
50 titles pursuant to 44 U.S.C. 1510. Dated: March 27, 2008.
for comment are not required for this
rule, and it may be made effective less Edward T. Schafer,
The Code of Federal Regulations is sold by
than 30 days after publication in the Secretary of Agriculture.
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL Federal Register. In addition, under 5 [FR Doc. E8–6764 Filed 4–3–08; 8:45 am]
REGISTER issue of each week. U.S.C. 804, this rule is not subject to BILLING CODE 3410–02–P
congressional review under the Small
Business Regulatory Enforcement
DEPARTMENT OF AGRICULTURE Fairness Act of 1996, Public Law 104– DEPARTMENT OF TRANSPORTATION
121. Finally, this action is not a rule as
Office of the Secretary defined by the Regulatory Flexibility Federal Aviation Administration
Act, 5 U.S.C. 601 et seq., and thus is
7 CFR Part 1 exempt from the provisions of that Act. 14 CFR Part 39
[Docket No. AMS–L&RRS–08–0015] [Docket No. FAA–2008–0070; Directorate
Paperwork Reduction Act
Identifier 2007–CE–098–AD; Amendment
Rules of Practice Governing Formal This rule contains no information 39–15452; AD 2008–07–11]
Adjudicatory Proceedings Instituted by collections or recordkeeping RIN 2120–AA64
the Secretary Under Various Statutes requirements under the Paperwork
AGENCY: Office of the Secretary, USDA. Reduction Act of 1995 (44 U.S.C. 3501 Airworthiness Directives; PILATUS
et seq.). AIRCRAFT LTD. Model PC–12, PC–12/
ACTION: Final rule.
List of Subjects in 7 CFR Part 1 45, and PC–12/47 Airplanes
SUMMARY: This amendment expands the AGENCY: Federal Aviation
scope and applicability of the Administrative practice and
procedure, Agriculture, Antitrust, Administration (FAA), Department of
Department’s uniform rules of practice Transportation (DOT).
governing adjudicatory proceedings to Claims, Concessions, Cooperatives,
Equal access to justice, Federal ACTION: Final Rule.
include actions initiated under the
Organic Foods Production Act of 1990. buildings and facilities, Freedom of
SUMMARY: We are adopting a new
Information, Lawyers, Privacy.
DATES: Effective Date: April 4, 2008. airworthiness directive (AD) for the
■ For the reasons set forth in the products listed above. This AD results
FOR FURTHER INFORMATION CONTACT:
Christine M. Sarcone, Director, preamble, Title 7 subtitle A is amended from mandatory continuing
Legislative and Regulatory Review Staff, as follows: airworthiness information (MCAI)
Agricultural Marketing Service, U.S. issued by an aviation authority of
PART 1—ADMINISTRATIVE another country to identify and correct
Department of Agriculture, 1400 REGULATIONS
Independence Avenue, SW., Room an unsafe condition on an aviation
2622–South, Washington, DC 20250– ■ 1. The authority citation for part 1 product. This AD requires inserting
1417. Telephone: (202) 720–3203; continues to read as follows: changes into the airworthiness
Facsimile: (202) 690–3767. limitations of the FAA-approved
Authority: 5 U.S.C. 301, unless otherwise maintenance program. We are issuing
SUPPLEMENTARY INFORMATION: The noted.
Organic Foods Production Act of 1990, this AD to require actions to correct the
as amended (7 U.S.C. 6501–6522) ■ 2. The authority citation for part 1, unsafe condition on these products.
(OFPA) authorizes enforcement actions subpart H is revised to read as follows: DATES: This AD becomes effective May
against, among other things, any person 9, 2008.
Authority: 5 U.S.C. 301; 7 U.S.C. 61, 87e,
found to be in violation of the OFPA or 228, 268, 499o, 608c(14), 1592, 1624(b), 2151, ADDRESSES: You may examine the AD
a regulation issued thereunder. 2279e, 2621, 2714, 2908, 3812, 4610, 4815, docket on the Internet at http://
The Department’s uniform rules of 4910, 6009, 6107, 6207, 6307, 6411, 6519, www.regulations.gov or in person at
practice (7 CFR part 1, subpart H), 6520, 6808, 7107, 7734, 8313; 15 U.S.C. 1828; Document Management Facility, U.S.
which govern the conduct of 16 U.S.C. 620d, 1540(f), 3373; 21 U.S.C. 104, Department of Transportation, Docket
adjudicatory proceedings under 111, 117, 120, 122, 127, 134e, 134f, 135a, Operations, M–30, West Building
154, 463(b), 621, 1043; 43 U.S.C. 1740; 7 CFR Ground Floor, Room W12–140, 1200
numerous statutes, have been in effect 2.35, 2.41.
since February 1, 1977. Accordingly, to New Jersey Avenue, SE., Washington,
insure consistency and uniformity in ■ 3. In § 1.131, paragraph (a), the DC 20590.
the conduct of the Department’s following statutory reference is added in FOR FURTHER INFORMATION CONTACT:
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administrative proceedings, it has been alphabetical order: Doug Rudolph, Aerospace Engineer,
determined that proceedings initiated FAA, Small Airplane Directorate, 901
under the OFPA should also be § 1.131 Scope and applicability of this Locust, Room 301, Kansas City,
governed by these uniform procedures. subpart. Missouri 64106; telephone: (816) 329–
This rule relates to internal agency (a) * * * 4059; fax: (816) 329–4090.

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18434 Federal Register / Vol. 73, No. 66 / Friday, April 4, 2008 / Rules and Regulations

SUPPLEMENTARY INFORMATION: manual would be impossible. However, We are not changing the final rule AD
we do not agree that incorporating just action based on this comment.
Discussion
the part numbers of the affected pitch
We issued a notice of proposed Comment Issue No. 3: Request for Test
trim actuators and their new TBO
rulemaking (NPRM) to amend 14 CFR Result Data
interval into the AD addresses the
part 39 to include an AD that would unsafe condition. That approach could Dan P. Johnson states that the
apply to the specified products. That cause confusion with the latest version reduction of the hourly limit for the
NPRM was published in the Federal of the airworthiness limitations section TBO may be acceptable provided there
Register on January 25, 2008 (73 FR of the FAA-approved maintenance is evidence supporting it. The proposed
4497). That NPRM proposed to correct manual and would not follow the State AD states: ‘‘based on full-scale fatigue
an unsafe condition for the specified of Design Authority’s actions. test, the life limit has been extended,
products. The NPRM proposed to To address this issue, we will allow but the TBO reduced.’’
require incorporating new limitations using the CD version of the FAA- The commenter requests to see the
into the Airworthiness Limitations approved maintenance manual that actual test results that prove a 5-year
section of the Pilatus PC–12 Airplane incorporates the November 20, 2007, calendar limit is warranted.
Maintenance Manual (AMM) 12–A/ version of chapter 4 and the The commenter notes that the current
AMP–04. The revisions to the corresponding version of chapter 5 as an chapter 4 component entry for this
Airworthiness Limitations section of option for complying with the AD. actuator has no calendar limitation.
AMM 12–A/AMP–04 incorporate the In accordance with 14 CFR 21.50 and These actuators are overhauled in the
following: 23.1529, the holder of a design approval United States by Derco Repair Services,
• Time between overhaul (TBO) for for which application was made after Inc. in Milwaukee, Wisconsin. The
the pitch trim actuator is reduced from January 28, 1981, is required to include commenter states that he contacted this
6,000 hours TIS or 5 years, whichever an Airworthiness Limitations section in repair station last year for a quote to
occurs first, to 5,000 hours time-in- their FAA-approved maintenance overhaul one of these and was quoted a
service (TIS) or 5 years, whichever manual or maintenance program price of around $4,500. The commenter
occurs first; (Instructions for Continued states that he was also told that, due to
• The life limit for the pitch trim Airworthiness). In this case, the a proprietary agreement with Pilatus,
actuator is increased from 10,000 hours manufacturer issued chapter 4 to Pilatus they would not accept direct requests
TIS or 13,500 flights, whichever occurs PC–12 AMM 12–A/AMP–04, which is for overhaul and only Pilatus could
first, to 20,000 hours TIS or 27,000 the Airworthiness Limitations section, provide service. The commenter states
flights, whichever occurs first; and and it must be incorporated into the that this is a common practice of Pilatus
• A life limit of 10,000 hours TIS is airplane maintenance manual or to control U.S. parts distribution.
introduced for the pitch trim actuator maintenance program. This AD The commenter states that he
attachment parts. incorporates the November 20, 2007, understands the FAA does not get
version of these limitations. involved with costs incurred by
Comments The only way for us to mandate a
We gave the public the opportunity to operators. He also states that he
version of the airworthiness limitations
participate in developing this AD. We understands the purpose of an AD is to
section, other than what was in place at
considered the comments received. detect and correct unsafe conditions and
delivery of the airplane, is through
prevent them from happening in the
Comment Issue No. 1: Unable To rulemaking, e.g., AD.
We will change the final rule AD future. The commenter believes that the
Comply With AD FAA is assisting the TC holder in the
action to incorporate the changes
Scott R. Lania of Alpha Flying Inc./ mentioned above. ‘‘gouging of American operators by
Atlas Aircraft Center, Inc. and Tim agreeing to an unsubstantiated calendar
Kitzmann state that incorporating Comment Issue No. 2: Change limit.’’
limitations and making pen and ink Compliance Time for TBO The commenter believes that the
changes to the airworthiness limitations Scott R. Lania of Alpha Flying Inc./ hourly TBO reduction is sufficient for
section of the FAA-approved Atlas Aircraft Center, Inc. believes that 14 CFR part 91 operators.
maintenance manual are impractical the calendar time for the TBO interval We issued the NPRM based on full-
and impossible. is too early for low-time users. He scale fatigue tests conducted by the TC
The commenters state that each suggests 8 to 10 years as a more realistic holder. The actual data is held by
affected airplane does not have its own time for the 400- to 500-hour-a-year Pilatus, the European Aviation Safety
maintenance manual, which makes users. He believes this would be more Agency (EASA), and the Federal Office
compliance with paragraph (f) of the in line with the high-time users. of Civil Aviation (FOCA). We have no
NPRM implausible. They state that most We do not agree. We have no data that data to show that the State of Design
maintenance manuals for Pilatus PC–12 allows us to deviate from the Authority’s determination of the life
airplanes are now on compact disk (CD), compliance time decision of both the limits specified in the NPRM is not
which makes the pen and ink changes type certificate (TC) holder and the State valid.
required in paragraph (f)(2) of the NPRM of Design Authority. The TC holder did We evaluated the State of Design
impossible. not provide a conversion for the low- Authority’s information and determined
The commenters believe it would be time users; therefore, we are relying on that AD action was necessary in the
easier to state the part numbers of the the compliance time decision of the TC United States to address an unsafe
affected pitch trim actuators and their holder and State of Design Authority. condition that is likely to exist or
new TBO interval into the AD to Owners/operators may request an develop on airplanes of the same type
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address the unsafe condition. alternative method of compliance design that are type certificated for
We partially agree with the (AMOC) following the procedures in 14 operation in the United States. The life
commenters. We agree that making the CFR 39.19, and the AD. We will limit of the component is being added
pen and ink changes to the CD version coordinate all requests with the TC to the Airworthiness Limitations section
of the FAA-approved maintenance holder and State of Design Authority. along with the TBO interval in order to

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Federal Register / Vol. 73, No. 66 / Friday, April 4, 2008 / Rules and Regulations 18435

maintain the safe operation of this any operator or increase the scope of the the States, on the relationship between
component. AD. the national government and the States,
We are not changing the final rule AD or on the distribution of power and
Differences Between This AD and the
action based on this comment. responsibilities among the various
MCAI or Service Information
levels of government.
Comment Issue No. 4: AD Unnecessary We have reviewed the MCAI and For the reasons discussed above, I
Tim Kitzmann questions why the AD related service information and, in certify this AD:
is necessary if these new limitations are general, agree with their substance. But (1) Is not a ‘‘significant regulatory
FAA-approved. The commenter points we might have found it necessary to use action’’ under Executive Order 12866;
out that 14 CFR 91.403(c) requires different words from those in the MCAI
to ensure the AD is clear for U.S. (2) Is not a ‘‘significant rule’’ under
compliance with airworthiness DOT Regulatory Policies and Procedures
limitations issued by the TC holder. operators and is enforceable. In making
these changes, we do not intend to differ (44 FR 11034, February 26, 1979); and
The commenter believes that the AD
substantively from the information (3) Will not have a significant
is unnecessary since the new limitations
provided in the MCAI and related economic impact, positive or negative,
are part of chapter 4.
service information. on a substantial number of small entities
We do not agree with the commenter.
We might also have required different under the criteria of the Regulatory
While 14 CFR 91.403(c) requires
actions in this AD from those in the Flexibility Act.
compliance with FAA-approved
limitations issued by the TC holder, the MCAI in order to follow FAA policies. We prepared a regulatory evaluation
FAA’s regulations do not require future Any such differences are highlighted in of the estimated costs to comply with
incorporations of limitation section a NOTE within the AD. this AD and placed it in the AD Docket.
revisions, unless additional rulemaking Costs of Compliance Examining the AD Docket
action is taken, e.g., AD action. By
We estimate that this AD will affect You may examine the AD docket on
taking AD action, we can mandate
about 500 products of U.S. registry. We the Internet at http://
change to the airworthiness limitations
also estimate that it will take about .5 www.regulations.gov; or in person at the
section of an FAA-approved
work-hour per product to comply with Docket Management Facility between 9
maintenance program for airplanes
the basic requirements of this AD. The a.m. and 5 p.m., Monday through
operating in both 14 CFR part 91 and
average labor rate is $80 per work-hour. Friday, except Federal holidays. The AD
part 135 operations. If these new
Based on these figures, we estimate docket contains the NPRM, the
limitations are not mandated, the pitch
the cost of this AD on U.S. operators to regulatory evaluation, any comments
trim actuator and the pitch trim actuator
be $20,000, or $40 per product. received, and other information. The
components could fail. In addition, we estimate that any
We are not changing the final rule AD street address for the Docket Office
necessary follow-on actions (the (telephone (800) 647–5527) is in the
action based on these comments. replacements required by the limitations ADDRESSES section. Comments will be
Comment Issue No. 5: Update Reference changes) will take about 3.5 work-hours available in the AD docket shortly after
to the AMM and require parts costing $11,960, for a receipt.
cost of $12,240 per product.
Pilatus Aircraft Ltd. states that the List of Subjects in 14 CFR Part 39
reference to Pilatus PC–12 AMM, Authority for This Rulemaking
Chapter 4 is not correct. Due to the Air transportation, Aircraft, Aviation
Title 49 of the United States Code
implementation of a new software safety, Safety.
specifies the FAA’s authority to issue
publication system, Pilatus requests for rules on aviation safety. Subtitle I, Adoption of the Amendment
the AMM reference to be changed to section 106, describes the authority of
Report No. 02049, issue 1, revision 0, the FAA Administrator. ‘‘Subtitle VII: ■ Accordingly, under the authority
dated November 20, 2007. Aviation Programs,’’ describes in more delegated to me by the Administrator,
We partially agree with the detail the scope of the Agency’s the FAA amends 14 CFR part 39 as
commenter. In order to avoid confusion, authority. follows:
we will incorporate the date of the new We are issuing this rulemaking under
document. Based on the documents we the authority described in ‘‘Subtitle VII, PART 39—AIRWORTHINESS
have, we cannot change the way Pilatus Part A, Subpart III, Section 44701: DIRECTIVES
PC–12 AMM, Chapter 4 is referenced in General requirements.’’ Under that ■ 1. The authority citation for part 39
this AD. However, to accommodate section, Congress charges the FAA with continues to read as follows:
Pilatus’ new software publication promoting safe flight of civil aircraft in
system, we will add a parenthetical to air commerce by prescribing regulations Authority: 49 U.S.C. 106(g), 40113, 44701.
the Pilatus PC–12 AMM, Chapter 4 for practices, methods, and procedures § 39.13 [Amended]
reference to include Report No. 02049, the Administrator finds necessary for
issue 1, revision 0. safety in air commerce. This regulation ■ 2. The FAA amends § 39.13 by adding
We will change the final rule AD is within the scope of that authority the following new AD:
action based on this comment. because it addresses an unsafe condition 2008–07–11 Pilatus Aircraft Ltd.:
Conclusion that is likely to exist or develop on Amendment 39–15452; Docket No.
products identified in this rulemaking FAA–2008–0070; Directorate Identifier
We reviewed the available data, action. 2007–CE–098–AD.
including the comments received, and Effective Date
Regulatory Findings
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determined that air safety and the


(a) This airworthiness directive (AD)
public interest require adopting the AD We determined that this AD will not becomes effective May 9, 2008.
with the changes described previously. have federalism implications under
We determined that these changes will Executive Order 13132. This AD will Affected ADs
not increase the economic burden on not have a substantial direct effect on (b) None.

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18436 Federal Register / Vol. 73, No. 66 / Friday, April 4, 2008 / Rules and Regulations

Applicability Other FAA AD Provisions (ft.) and 1,200 ft. above the surface at
(c) This AD applies to Models PC–12, PC– (g) The following provisions also apply to Anvik Airport, Anvik, AK.
12/45, and PC–12/47 airplanes, all serial this AD: EFFECTIVE DATE: 0901 UTC, June 5, 2008.
numbers, certificated in any category. (1) Alternative Methods of Compliance The Director of the Federal Register
(AMOCs): The Manager, Standards Office, approves this incorporation by reference
Subject FAA, has the authority to approve AMOCs
(d) Air Transport Association of America
action under title 1, Code of Federal
for this AD, if requested using the procedures
(ATA) Code 27: Flight Controls. found in 14 CFR 39.19. Send information to Regulations, part 51, subject to the
ATTN: Doug Rudolph, Aerospace Engineer, annual revision of FAA Order 7400.9
Reason and publication of conforming
FAA, Small Airplane Directorate, 901 Locust,
(e) This AD results from mandatory Room 301, Kansas City, Missouri 64106; amendments.
continuing airworthiness information (MCAI) telephone: (816) 329–4059; fax: (816) 329– FOR FURTHER INFORMATION CONTACT: Gary
originated by an aviation authority of another 4090. Before using any approved AMOC on
country to identify and correct an unsafe any airplane to which the AMOC applies,
Rolf, AAL–538G, Federal Aviation
condition on an aviation product. We are notify your appropriate principal inspector Administration, 222 West 7th Avenue,
issuing this AD to mandate new life limits for (PI) in the FAA Flight Standards District Box 14, Anchorage, AK 99513–7587;
the pitch trim actuator and pitch trim Office (FSDO), or lacking a PI, your local telephone number (907) 271–5898; fax:
actuator attachment parts. If these new FSDO. (907) 271–2850; e-mail:
limitations are not mandated, the pitch trim (2) Airworthy Product: For any requirement gary.ctr.rolf@faa.gov. Internet address:
actuator and the pitch trim actuator in this AD to obtain corrective actions from http://www.alaska.faa.gov/at.
components could fail. This failure could a manufacturer or other source, use these
SUPPLEMENTARY INFORMATION:
lead to an unsafe flying configuration. actions if they are FAA-approved. Corrective
actions are considered FAA-approved if they History
Actions and Compliance
are approved by the State of Design Authority
Note 1: Pilatus has implemented a new (or their delegated agent). You are required On Friday, February 1, 2008, the FAA
software publication system. During the to assure the product is airworthy before it proposed to amend part 71 of the
implementation of this new system, the is returned to service. Federal Aviation Regulations (14 CFR
airplane maintenance manual revision (3) Reporting Requirements: For any part 71) to revise Class E airspace
number was reset to 0. For the purposes of reporting requirement in this AD, under the upward from 700 ft. above the surface
this AD, the date of issue takes prescedence provisions of the Paperwork Reduction Act and from 1,200 ft. above the surface at
over the revision level. (44 U.S.C. 3501 et seq.), the Office of Anvik, AK (73 FR 6058). The action was
(f) Unless already done, do the following Management and Budget (OMB) has proposed in order to create Class E
within the next 30 days after May 9, 2008 approved the information collection
requirements and has assigned OMB Control
airspace sufficient in size to contain
(the effective date of this AD). aircraft while executing SIAPs for the
(1) Insert unclassified document 12–A/ Number 2120–0056.
Anvik Airport. Class E controlled
AMP–04, Structural, Component and Issued in Kansas City, Missouri, on March
Miscellaneous—Airworthiness Limitations,
airspace extending upward from 700 ft.
27, 2008.
12–A–04–00–00–00A–000A–A, dated above the surface and from 1,200 ft.
John Colomy, above the surface in the Anvik Airport
October 26, 2007 (Pilatus PC–12 Airplane
Maintenance Manual, Chapter 4, Report No. Acting Manager, Small Airplane Directorate, area is revised by this action.
02049, Issue 1, Revision 0, dated November Aircraft Certification Service. Interested parties were invited to
20, 2007), into the airworthiness limitations [FR Doc. E8–6958 Filed 4–3–08; 8:45 am] participate in this rulemaking
section of the FAA-approved maintenance BILLING CODE 4910–13–P proceeding by submitting written
program (e.g., maintenance manual) or use comments on the proposal to the FAA.
the CD version that incorporates the No comments were received. The rule is
November 20, 2007, version of chapter 4 and DEPARTMENT OF TRANSPORTATION adopted as proposed.
the corresponding version of chapter 5. You
The area will be depicted on
may use any future amendment to this Federal Aviation Administration
Airworthiness Limitations section provided aeronautical charts for pilot reference.
it does not change the inspection intervals, The coordinates for this airspace docket
14 CFR Part 71 are based on North American Datum 83.
requirements, or the life limits for the pitch
trim actuator and pitch trim actuator The Class E airspace areas designated as
attachment parts of the document referenced [Docket No. FAA–2007–0343; Airspace 700/1,200 ft. transition areas are
above. The owner/operator holding at least a Docket No. 07–AAL–21]
published in paragraph 6005 of FAA
private pilot certificate as authorized by 14 Order 7400.9R, Airspace Designations
CFR 43.7 may do this action. Make an entry Revision of Class E Airspace; Anvik,
AK and Reporting Points, signed August 15,
in the aircraft records showing compliance
2007, and effective September 15, 2007,
with this portion of the AD following 14 CFR
43.9.
AGENCY: Federal Aviation which is incorporated by reference in 14
(2) In order to avoid confusion with the Administration (FAA), DOT. CFR 71.1. The Class E airspace
new pitch trim actuator limitations now ACTION: Final rule. designations listed in this document
contained in chapter 4 (previously contained will be published subsequently in the
in chapter 5), make pen and ink changes in SUMMARY: This action revises Class E Order.
chapter 5 and line through references to airspace at Anvik, AK to provide
limitations for the pitch trim actuator. You adequate controlled airspace to contain The Rule
do not have to make these pen and ink aircraft executing Standard Instrument This amendment to 14 CFR part 71
changes if you are using the CD version that Approach Procedures (SIAPs). Two new revises Class E airspace at the Anvik
incorporates the November 20, 2007, version Standard Instrument Approach Airport, Alaska. This Class E airspace is
of chapter 4 and the corresponding version
of chapter 5.
Procedures (SIAPs) and a textual revised to accommodate aircraft
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departure procedure (DP) are being executing new and amended SIAPs, and
FAA AD Differences developed for the Anvik Airport. a new DP, and will be depicted on
Note 2: This AD differs from the MCAI Additionally, one SIAP is being aeronautical charts for pilot reference.
and/or service information as follows: No amended. This action revises existing The intended effect of this rule is to
differences. Class E airspace upward from 700 feet provide adequate controlled airspace for

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