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2948 Federal Register / Vol. 70, No.

12 / Wednesday, January 19, 2005 / Rules and Regulations

Actions Compliance Procedures

(1) Inspect the LH and RH upper longeron cutout-bridge, part number Upon accumulating 1,000 hours Follow EXTRA Flugzeugbau
(P/N) PC–23102.IX), for cracks. time-in-service (TIS) on the GmbH Service Bulletin EA–300
upper longeron or within the & EA–300/S Doc: SB–300–3–
next 100 hours TIS after March 93, Issue: A, Date: January 12,
16, 1998 (the effective date of 1994; or EXTRA Flugzeugbau
AD 98–03–14), whichever oc- GmbH Service Bulletin EA–300
curs later, unless already done. & EA–300/S Doc: SB–300–3–
93, Issue: B, Date: June 10,
1998.
(2) If you find any cracks in the upper longeron cutout-bridge during Before further flight after the in- Follow EXTRA Flugzeugbau
the inspection required in paragraph (e)(1) of this AD, do the fol- spection required in paragraph GmbH Service Bulletin EA–300
lowing: (e)(1) of this AD, unless already & EA–300/S Doc: SB–300–3–
(i) repair any cracks; and done. 93, Issue: A, Date: January 12,
(ii) modify the upper longeron cutout-bridge. 1994; or EXTRA Flugzeugbau
GmbH Service Bulletin EA–300
& EA–300/S Doc: SB–300–3–
93, Issue: B, Date: June 10,
1998.
(3) If you do not find any cracks in the upper longeron cutout-bridge Before further flight after the in- Follow EXTRA Flugzeugbau
during the inspection required in paragraph (e)(1) of this AD, you spection required in paragraph GmbH Service Bulletin EA–300
must still modify the upper longeron cutout-bridge. (e)(1) of this AD, unless already & EA–300300/S Doc: SB300–3–
done. 93, Issue: A, Date: January 12,
1994; or EXTRA Flugzeugbau
GmbH Service Bulletin EA–300
& EA–300/S Doc: SB–300–3–
93, Issue: B, Date: June 10,
1998.
(4) If you modified the upper longeron cutout-bridge following EXTRA As of February 28, 2005 (the ef- As stated in EXTRA Flugzeugbau
Flugzeugbau GmbH Service Bulletin EA–300 & EA–300/S Doc: SB– fective date of this AD). GmbH Service Bulletin EA–300
300–3–93, Issue: A, Date: January 12, 1994, or EXTRA & EA–300/S Doc: SB–300–3–
Flugzeugbau GmbH Service Bulletin EA–300 & EA–300/S Doc: SB– 93, Issue: A, Date: January 12,
300–3–93, Issue: B, Date: June 10, 1998, Procedure I, you do not 1994, or EXTRA Flugzeugbau
need to do any further actions. GmbH Service Bulletin EA–300
& EA–300/S Doc: SB–300–3–
93, Issue: B, Date: June 10,
1998.
(5) If you modified the upper longeron cutout-bridge following Proce- As of February 28, 2005 (the ef- As stated in EXTRA Flugzeugbau
dure II of EXTRA Flugzeugbau GmbH Service Bulletin EA–300 & fective date of this AD). GmbH Service Bulletin EA–300
EA–300/S Doc: SB–300–3–93, Issue: B, Date: June 10, 1998, you & EA–300/S Doc: SB–300–3–
must replace the new internal bridges every 1,000 hours TIS. 93, Issue: B, Date: June 10,
1998.

May I Request an Alternative Method of Date: January 12, 1994; or EXTRA to the Docket Management Facility; U.S.
Compliance? Flugzeugbau GmbH Service Bulletin EA–300 Department of Transportation, 400 Seventh
(f) You may request a different method of & EA–300/S Doc: SB–300–3–93, Issue: B, Street, SW., Nassif Building, Room PL–401,
compliance or a different compliance time Date: June 10, 1998. Washington, DC 20590–001 or on the Internet
for this AD by following the procedures in 14 (1) On March 16, 1998 (63 FR 5881, at http://dms.dot.gov. The docket number is
CFR 39.19. Unless FAA authorizes otherwise, February 5, 1998) and in accordance with 5 FAA–2004–19443.
send your request to your principal U.S.C. 552(a) and 1 CFR part 51, the Director Issued in Kansas City, Missouri, on January
inspector. The principal inspector may add of the Federal Register approved the 5, 2005.
comments and will send your request to the incorporation by reference of EXTRA
William J. Timberlake,
Manager, Standards Office, Small Airplane Flugzeugbau GmbH Service Bulletin EA–300
& EA–300/S Doc: SB–300–3–93, Issue: A, Acting Manager, Small Airplane Directorate,
Directorate, FAA. For information on any
Date: January 12, 1994. Aircraft Certification Service.
already approved alternative methods of
compliance, contact Karl Schletzbaum, (2) As of February 28, 2005, and in [FR Doc. 05–607 Filed 1–18–05; 8:45 am]
Aerospace Engineer, Small Airplane accordance with 5 U.S.C. 552(a) and 1 CFR BILLING CODE 4910–13–P
Directorate, 901 Locust, Room 301, Kansas part 51, the Director of the Federal Register
City, MO 64106; telephone: (816) 329–4146; approved the incorporation by reference of
facsimile: (816) 329–4090. EXTRA Flugzeugbau GmbH Service Bulletin DEPARTMENT OF TRANSPORTATION
EA–300 & EA–300/S Doc: SB–300–3–93,
Is There Other Information That Relates to Issue: B, Date: June 10, 1998.
This Subject?
Federal Aviation Administration
(3) To get a copy of this service
(g) German AD Number D–1994–043R1, information, contact EXTRA Flugzeubau
GmbH, Flugplatz Dinslaken, D–46569 Hünxe,
14 CFR Part 71
dated May 17, 2004, also addresses the
subject of this AD. Germany. To review copies of this service [Docket No. FAA–2004–19583; Airspace
information, go to the National Archives and Docket No. 04–ACE–73]
Does This AD Incorporate Any Material by Records Administration (NARA). For
Reference? information on the availability of this Modification of Class E Airspace;
(h) You must do the actions required by material at NARA, go to: http:// Coffeyville, KS
this AD following the instructions in EXTRA www.archives.gov/federal_ register/code_of_
Flugzeugbau GmbH Service Bulletin EA–300 federal_regulations/ibr_locations.html or call AGENCY:Federal Aviation
& EA–300/S Doc: SB–300–3–93, Issue: A, (202) 741–6030. To view the AD docket, go Administration (FAA), DOT.

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Federal Register / Vol. 70, No. 12 / Wednesday, January 19, 2005 / Rules and Regulations 2949

Direct final rule; request for


ACTION: eliminates the extension to the airspace comments a self-addressed, stamped
comments. area, deletes reference to the Coffeyville postcard on which the following
nondirectional radio beacon (NDB) in statement is made: ‘‘Comments to
SUMMARY: This action amends Title 14 the legal description and brings the legal Docket No. FAA–2004–19583/Airspace
Code of Federal Regulations, part 71 (14 description of the Coffeyville, KS Class Docket No. 04–ACE–73.’’ The postcard
CFR 71) by revising Class E airspace at E airspace area into compliance with will be date/time stamped and returned
Coffeyville, KS. A review of controlled FAA Order 7400.2E. This area will be to the commenter.
airspace for Coffeyville Municipal depicted on appropriate aeronautical
Airport revealed it does not comply Agency Findings
charts. Class E airspace areas extending
with the criteria for 700 feet above upward from 700 feet or more above the The regulations adopted herein will
ground level (AGL) airspace required for surface of the earth are published in not have a substantial direct effect on
diverse departures. The area is modified paragraph 6005 of FAA Order 7400.9M, the States, on the relationship between
and enlarged to conform to the criteria Airspace Designations and Reporting the national Government and the States,
in FAA Orders. Points, dated August 30, 2004, and or on the distribution of power and
DATES: This direct final rule is effective effective September 16, 2004, which is responsibilities among the various
on 0901 UTC, May 12, 2005. Comments incorporated by reference in 14 CFR levels of government. Therefore, it is
for inclusion in the Rules Docket must 71.1. The Class E airspace designation determined that this final rule does not
be received on or before March 2, 2005. listed in this document will be have federalism implications under
ADDRESSES: Send comments on this published subsequently in the Order. Executive Order 13132.
proposal to the Docket Management The FAA has determined that this
The Direct Final Rule Procedure regulation only involves an established
System, U.S. Department of
Transportation, Room Plaza 401, 400 The FAA anticipates that this body of technical regulations for which
Seventh Street, SW., Washington, DC regulation will not result in adverse or frequent and routine amendments are
20590–0001. You must identify the negative comment and, therefore, is necessary to keep them operationally
docket number FAA–2004–19583/ issuing it as a direct final rule. Previous current. Therefore, this regulation—(1)
Airspace Docket No. 04–ACE–73, at the actions of this nature have not been Is not a ‘‘significant regulatory action’’
beginning of your comments. You may controversial and have not resulted in under Executive Order 12866; (2) is not
also submit comments on the Internet at adverse comments or objections. Unless a ‘‘significant rule’’ under DOT
http://dms.dot.gov. You may review the a written adverse or negative comment, Regulatory Policies and Procedures (44
or a written notice of intent to submit FR 11034; February 26, 1979); and (3)
public docket containing the proposal,
an adverse or negative comment is does not warrant preparation of a
any comments received, and any final
received within the comment period, Regulatory evaluation as the anticipated
disposition in person in the Dockets
the regulation will become effective on impact is so minimal. Since this is a
Office between 9 a.m. and 5 p.m.,
the date specified above. After the close routine matter that will only affect air
Monday through Friday, except Federal
of the comment period, the FAA will traffic procedures and air navigation, it
holidays. The Docket Office (telephone
publish a document in the Federal is certified that this rule, when
1–800–647–5527) is on the plaza level
Register indicating that no adverse or promulgated, will not have a significant
of the Department of Transportation
negative comments were received and economic impact on a substantial
NASSIF Building at the above address.
confirming the date on which the final number of small entities under the
FOR FURTHER INFORMATION CONTACT: criteria of the Regulatory Flexibility Act.
rule will be come effective. If the FAA
Brenda Mumper, Air Traffic Division, does receive, within the comment This rulemaking is promulgated
Airspace Branch, ACE–520A, DOT period, an adverse or negative comment, under the authority described in
Regional Headquarters Building, Federal or written notice of intent to submit Subtitle VII, Part A, Subpart I, Section
Aviation Administration, 901 Locust, such a comment, a document 40103. Under that section, the FAA is
Kansas City, MO 64106; telephone: withdrawing the direct final rule will be charged with prescribing regulations to
(816) 329–2524. published in the Federal Register, and assign the use of the airspace necessary
SUPPLEMENTARY INFORMATION: This a notice of proposed rulemaking may be to ensure the safety of aircraft and the
amendment to 14 CFR part 71 modifies published with a new comment period. efficient use of airspace. This regulation
the Class E airspace area extending is within the scope of that authority
upward from 700 feet above the surface Comments Invited since it contains aircraft executing
at Coffeyville, KS. An examination of Interested parties are invited to instrument approach procedures to
controlled airspace for Coffeyville participate in this rulemaking by Coffeyville Municipal Airport.
Municipal Airport revealed it does not submitting such written data, views, or
List of Subjects in 14 CFR Part 71
meet the criteria for 700 feet AGL arguments, as they may desire.
airspace required for diverse departures Comments that provide the factual basis Airspace, Incorporation by reference,
as specified in FAA Order 7400.2E, supporting the views and suggestions Navigation (air).
Procedures for Handling Airspace presented are particularly helpful in Adoption of the Amendment
Matters. The criteria in FAA Order developing reasoned regulatory
7400.2E for an aircraft to reach 1200 feet decisions on the proposal. Comments ■ Accordingly, the Federal Aviation
AGL, taking into consideration rising are specifically invited on the overall administration amends 14 CFR part 71 as
terrain, is based on a standard climb regulatory, aeronautical, economic, follows:
gradient of 200 feet per mile plus the environmental, and energy-related
PART 71—DESIGNATION OF CLASS A,
distance from the airport reference point aspects of the proposal.
CLASS B, CLASS C, CLASS D, AND
to the end of the outermost runway. Any Communications should identify both
CLASS E AIRSPACE AREAS;
fractional part of a mile is converted to docket numbers and be submitted in
AIRWAYS; ROUTES; AND REPORTING
the next higher tenth of a mile. This triplicate to the address listed above.
POINTS
amendment expands the airspace area Commenters wishing the FAA to
from a 6.6-mile radius to a 7.6-mile acknowledge receipt of their comments ■ 1. The authority citation for part 71
radius of Coffeyville Municipal Airport, on this notice must submit with those continues to read as follows:

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2950 Federal Register / Vol. 70, No. 12 / Wednesday, January 19, 2005 / Rules and Regulations

Authority: 49 U.S.C. 106(g), 40103, 40113, docket, are part of docket [CGD07–04– miles of the HOVENSA facility, unless
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 118] and are available for inspection or specifically permitted by the Captain of
1963 Comp., p. 389. copying at Sector San Juan, 5 Calle La the Port San Juan or a designated
§ 71.1 [Amended] Puntilla, San Juan, Puerto Rico between representative. The Captain of the Port
7:30 a.m. and 4 p.m., Monday through San Juan can be reached on VHF Marine
■ 2. The incorporation by reference in 14 Friday, except Federal holidays. Band Radio, Channel 16 (156.8 Mhz), or
CFR 71.1 of Federal Aviation by calling (787) 289–2040, 24-hours-a-
FOR FURTHER INFORMATION CONTACT:
Administration Order 7400.9M, dated day, 7-days-a-week. The HOVENSA
August 30, 2004, and effective Lieutenant Junior Grade Katiuska
Pabon, Sector San Juan, Puerto Rico at Facility Port Captain can be reached on
September 16, 2004, is amended as VHF Marine Band Radio channel 11
follows: (787) 289–0739.
SUPPLEMENTARY INFORMATION:
(156.6 Mhz) or by calling (340) 692–
3488, 24-hours-a-day, 7-days-a-week.
Paragraph 6005 Class E airspace areas
extending upward from 700 feet or more
Regulatory Information
Discussion of Rule
above the surface of the earth. We did not publish a notice of
The temporary security zone around
* * * * * proposed rulemaking (NPRM) for this
the HOVENSA facility encompasses all
regulation. Under 5 U.S.C. 553(b)(B), the
ACE KS E5 Coffeyville, KS waters within a line connecting the
Coast Guard finds that good cause exists
Coffeeyville Municipal Airport, KS following coordinates: 17°41′31″ N,
for not publishing an NPRM. Publishing
(Lat 37°05′39′′ N., long. 95°34′19′′ W.) 64°45′09″ W, to 17°39′36″ N, 64°44′12″
an NPRM and delaying the rule’s
That airspace extending upward from 700 W, to 17°40′00″ N, 64°43′36″ W, to
effective date would be contrary to the
feet above the surface within a 7.6-mile 17°41′48″ N, 64°44′25″ W, and back to
public interest. Immediate action is
radius of Coffeyville Municipal Airport. the beginning point. All vessels without
needed to protect the public, ports and
a scheduled arrival into the HOVENSA
* * * * * waterways of the United States from
facility are prohibited from coming
potential subversive acts against the
Issued in Kansas City, MO, on January 3, within this security zone—that extends
2005. HOVENSA facility.
approximately 2 mile seaward from the
For the same reasons, under 5 U.S.C.
Anthony D. Roetzel, facility, unless specifically permitted by
553(d)(3), the Coast Guard finds that
Acting Area Director, Western Flight Services the Captain of the Port San Juan or a
good cause exists for making this rule
Operations. designated representative.
effective less than 30 days after
[FR Doc. 05–971 Filed 1–18–05; 8:45 am] Regulatory Evaluation
publication in the Federal Register.
BILLING CODE 4910–13–M
Similar regulations were published in This rule is not a significant
the Federal Register on January 17, regulatory action under section 3(f) of
2002 (67 FR 2332), September 13, 2002 Executive Order 12866, Regulatory
DEPARTMENT OF HOMELAND (67 FR 57952), April 28, 2003 (68 FR Planning and Review, and does not
SECURITY 22296), July 10, 2003 (68 FR 41081), require an assessment of potential costs
February 10, 2004 (69 FR 6150), and and benefits under section 6(a)(3) of that
Coast Guard
May 21, 2004 (69 FR 29232). We did not Order.
receive any comments on these The Office of Management and Budget
33 CFR Part 165
regulations. has not reviewed it under that Order. It
[CGD07–04–118] The Captain of the Port San Juan has is not ‘‘significant’’ under the regulatory
RIN 1625–AA87
determined that due to the continued policies and procedures of the
risk and recent necessary increases in Department of Homeland Security
Security Zone Regulations; St. Croix, maritime security levels, the need for (DHS). This security zone covers an area
United States Virgin Islands the security zone persists. While the that is not typically used by commercial
Coast Guard intends to publish a notice vessel traffic, including fishermen, and
AGENCY: Coast Guard, DHS. of proposed rulemaking and permanent vessels may be allowed to enter the zone
ACTION: Temporary final rule. rule to ensure the security of this on a case-by-case basis with the
waterfront facility, this temporary final permission of the Captain of the Port
SUMMARY: The Coast Guard is
rule is required in the interim. San Juan or a designated representative.
establishing a temporary security zone
in the vicinity of the HOVENSA refinery Background and Purpose Small Entities
facility in St. Croix, U.S. Virgin Islands. Based on the September 11, 2001, Under the Regulatory Flexibility Act
This security zone extends terrorist attacks and recent increases in (5 U.S.C. 601–612), we have considered
approximately 2 miles seaward from the maritime security levels, there is an whether this rule would have a
HOVENSA facility waterfront area along increased risk that subversive activity significant economic effect upon a
the south coast of the island of St. Croix, could be launched by vessels or persons substantial number of small entities.
U.S. Virgin Islands. This security zone in close proximity to the HOVENSA The term ‘‘small entities’’ comprises
is needed for national security reasons refinery on St. Croix, USVI, against tank small businesses, not-for-profit
to protect the public and the HOVENSA vessels and the waterfront facility. organizations that are independently
facility from potential subversive acts. Given the highly volatile nature of the owned and operated and are not
Vessels without scheduled arrivals must substances stored at the HOVENSA dominant in their fields, and
receive permission from the U.S. Coast facility, this security zone is necessary governmental jurisdictions with
Guard Captain of the Port San Juan prior to decrease the risk of subversive populations of less than 50,000.
to entering this temporary security zone. activity launched against the HOVENSA The Coast Guard certifies under 5
DATES: This rule is effective from facility. The Captain of the Port San U.S.C. 605(b) that this rule will not have
November 5, 2004, until May 15, 2005. Juan is reducing this risk by prohibiting a significant economic impact on a
ADDRESSES: Documents indicated in this all vessels without a scheduled arrival substantial number of small entities.
preamble as being available in the from coming within approximately 2 This rule will affect the following

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