[Federal Register Volume 83, Number 8 (Thursday, January 11, 2018)]
[Proposed Rules]
[Pages 1316-1319]
[FR Doc No: 2018-00371]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2016-9495; Airspace Docket No. 15-AAL-6]

Proposed Establishment of Restricted Areas R-2201A, B, C, D, E,
F, G, H, and J; Fort Greely, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (SNPRM).

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SUMMARY: This SNPRM amends the notice of proposed rulemaking (NPRM)
published in the Federal Register on March 6, 2017, that proposed to
establish Restricted Areas R-2201A, B, C, D, E, F, G, H, and J; Fort
Greely, AK. Based on comments to the NPRM, the FAA proposes reducing
the lateral and vertical dimensions of the proposed restricted
airspace. The modified restricted areas would be designated R-2201A, B,
C, and D. This SNPRM seeks comment on the amended proposal.

DATES: Comments must be received on or before February 26, 2018.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12-140, Washington, DC 20590-0001;
telephone: 1<PHONE_NUMBER>, or<PHONE_NUMBER>. You must identify FAA
Docket Number FAA-2016-9495 and Airspace Docket Number 15-AAL-6 at the
beginning of your comments. You may also submit comments through the
internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Kenneth Ready, Airspace Policy Group,
Office of Airspace Services, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it would establish restricted airspace in the vicinity of
Allen Army Airfield, to contain activities deemed hazardous to
nonparticipating aircraft.

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 both docket numbers (FAA Docket
Number FAA-2016-9495 and Airspace Docket Number 15-AAL-6) and be
submitted in triplicate to the Docket Management Facility (see
ADDRESSES section for

address and phone number). You may also submit comments through the
internet at http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to FAA Docket Number FAA-2016-9495 and Airspace Docket Number 15-AAL-
6.'' The postcard will be date/time stamped and returned to the
commenter.
    All communications received on or before the specified comment
closing date will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the comment
closing date. 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 through the
internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at http://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal
holidays. An informal docket may also be examined during normal
business hours at the office of the Western Service Center, Operations
Support Group, Federal Aviation Administration, 1601 Lind Ave. SW,
Renton, WA 98057.

History

    The FAA published a notice of proposed rulemaking (NPRM) in the
Federal Register for Docket No. FAA-2016-9495 (82 FR 12529; March 6,
2017). The NPRM proposed to establish Restricted Areas R-2201A, B, C,
D, E, F, G, H, and J; Fort Greely, AK.
    The NPRM proposed that the restricted areas would be configured in
three layers, extending from the surface to Flight Level (FL) 220. R-
2201A, B, and C would extend from the surface to but not including
6,000 feet MSL. Areas D, E, and F would extend from 6,000 feet MSL to
but not including 15,000 feet MSL. Areas G, H, and J would extend from
15,000 feet MSL to FL 220. The proposed time of designation for all of
the above areas was ``0700-1900 local time Monday-Friday; other times
by NOTAM.''
    A total of 39 comments were received in response to the NPRM. All
commenters expressed objections to the proposal.

Discussion of Comments

    The comments received focused on three main areas of concern:
Adverse impacts to general aviation flying under VFR; negative impacts
on IFR aircraft; and general impacts to general aviation.

Adverse Impacts to General Aviation Flying Under VFR

    Many commenters wrote that the proposed restricted areas would
seriously impact access to a key VFR route to and from the Isabel Pass.
This strategically important mountain pass connects interior and
southcentral Alaska, offering one of the lowest terrain routes through
the Alaska Range. Pilots regularly navigate using the Richardson
Highway and Trans Alaska Pipeline to traverse the mountain valley with
precipitous terrain on either side. Commenters contended that this
major VFR corridor is already constrained by the R-2202 complex to the
west. The proposed R-2201 complex would further narrow the airspace
available to fly within the corridor. They believe that the prevalence
of rapidly rising terrain, high winds, and rapidly changing weather
conditions, combined with the narrow corridor, would pose a significant
hazard to pilots by leaving them with little or no options for coping
with adverse flight conditions.
    The FAA is proposing to modify the boundaries of the original
proposal to provide a significantly larger VFR corridor along the
Richardson Highway, and reduce the proposed altitude structure of the
restricted area complex. This proposal also eliminates a section of the
proposed restricted airspace that extended part way into the Buffalo
MOA exclusion airspace. These measures should lessen the impact to VFR
aircraft operations.

Negative Impacts to IFR Aircraft

    Commenters pointed out that the proposed R-2201 complex would be
located near two important IFR navigation aids (NAVAIDs): The Big Delta
VORTAC (BIG), and the Delta Junction NDB (DJN). These NAVAIDs serve the
following airways: A-2, B-25, V-444, V-481, V-515, T-226, and T-232.
For IFR aircraft flying below FL 180 to have access to Fairbanks from
the east or south, they must use these airways. However, if the full
proposed R-2201 complex was active, all routes to and from BIG and DJN
would be unavailable. The commenters said that lack of access to these
routes would negatively affect air traffic safety and efficiency and
increase the cost for aircraft operators to fly in this area.
    The FAA is also proposing to reduce the proposed ceiling of the
restricted area complex from FL 220 to 11,000 feet MSL, and limit the
activation of the proposed restricted airspace between 6,000 feet MSL
and 11,000 feet MSL to ``by NOTAM 4 hours in advance.'' This should
provide greater availability of the airways noted above. Additionally,
procedures would be incorporated into the Letters of Agreement/
Procedure (LOA/LOP) between the controlling agency and the using agency
to mitigate access issues. This would include activating only the
minimum amount of airspace needed for the specific training mission,
allowing the remaining airspace to be utilized by other users of the
National Airspace System.

General Impacts to General Aviation

    A number of commenters were concerned that the proposed times of
activation for each restricted area would amount to 12 hours per
weekday, as well as other times by NOTAM. The airspace below 6,000 feet
MSL would be most affected since it could be active 60 percent of the
time. The remaining altitude layers could be active 40 percent of the
time. Due to the frequent occurrence of in-flight icing conditions in
the area, the commenters pointed out that the availability of the low
altitude portion of the R-2201 complex is extremely important. The
potential high activation rate of the restricted areas could impact VFR
and IFR aircraft.
    As noted above, the modified design, and proposed LOA/LOP
procedures between the controlling and using agencies, should lessen
impacts on general aviation. Additionally, for situations such as
icing, if an aircraft requires an altitude that is within an active
restricted area, the LOA/LOP would contain updated procedures that
provide for coordination with the using agency to cease operations as
necessary to provide for non-participating aircraft access through the
SUA area. This provision would be similar to those already contained in
LOAs/LOPs for other special use airspace areas in Alaska.
    Commenters also expressed concern about the proposed times of use
for the complex; specifically, the provision allowing activation by
NOTAM. One commenter stated that the lack of an advance notice
requirement for

activation of the area by NOTAM could leave pilots with insufficient
time for adequate flight planning, resulting in the need for an
unforeseen circumnavigation of the area and/or having to divert to
refuel. One commenter recommended that the times of use be changed to
``as published by NOTAM issued 4 hours in advance of area activation.''
    The proposal has been modified so that NOTAMs for activating the
restricted areas must be issued four hours in advance.
    In addition to the above measures, the Special Use Airspace
Information Service (SUAIS) would be updated continually to provide
transitioning pilots with the current status of the various special use
airspace areas that could affect their flight.

Differences From the NPRM

    In response to the public comments, the FAA has significantly
revised the airspace proposal. The United States Army Alaska (USARAK)
re-evaluated its training mission requirements and the amount of
restricted airspace needed to contain the various hazardous training
events.
    The original proposal consisted of nine restricted area subareas
(R-2201A, B, C, D, E, F, G, H and J) extending in three layers from the
surface up to FL 220. USARAK determined that it could meet its mission
training goals with a scaled back restricted area complex consisting of
four subareas (R-2201A, B, C, and D) instead of nine.
    Further, USARAK concluded that it could accomplish required
training within a lower altitude structure that extends from the
surface to 11,000 feet MSL, instead of FL 220. R-2201A and B would
extend from the surface to but not including 6,000 feet MSL; while R-
2201C and D (which would overlie A and B, respectively) would extend
from 6,000 feet MSL to 11,000 feet MSL. Most training would be
accomplished in R-2201A and B from the surface to 6,000 feet MSL. The
originally proposed altitudes above 11,000 feet MSL up to FL 220 are,
therefore, removed from the proposal. These changes reduce the amount
of proposed restricted airspace by approximately 50 percent.
    To address the concerns about the narrow width of the VFR route to
and from the Isabel Pass, the proposed western boundaries of the
restricted areas were moved eastward, and the southern boundary moved
northward, to provide a larger VFR corridor along the Richardson
Highway as well additional clearance from the Donnelly Dome area.
    The proposed time of designation for the restricted areas has also
been revised. In the NPRM, the time of designation for all nine
proposed subareas was ``0700-1900 local time Monday-Friday; other times
by NOTAM.'' In the revised proposal, only R-2201A and B (which would
extend from the surface to but not including 6,000 feet MSL) would have
the specific published times of ``0700-1900 local time Monday-Friday'';
as well as a provision to activate R-2201A and B at other times by a
NOTAM issued 4 hours in advance. The time of designation for R-2201C
and D (which would extend from 6,000 feet MSL to 11,000 feet MSL) would
be limited to ``By NOTAM 4 hours in advance'' of the effective time.
The proposed requirement that NOTAMs be issued 4 hours in advance was
added in response to public comments that at least four hours advanced
notice is needed to assist pilots with flight planning to help them
avoid the need for reroutes or fuel diversions.
    These proposed modifications provide a larger VFR corridor along
the Richardson Highway; reduce the overall proposed restricted airspace
by approximately 50 percent; and lessen the potential for impact on
both VFR and IFR operations.

The Revised Proposal

    The FAA is proposing an amendment to Title 14, Code of Federal
Regulations (14 CFR) part 73 to establish restricted areas R-2201A, B,
C, and D; Fort Greely, AK. Restricted areas R-2201A and R-2201C would
overlie the Combined Arms Collective Training Facility (CACTF), and R-
2201B and R-2201D would overlie the Battle Area Complex (BAX).
    R-2201A would be located approximately one nautical mile southeast
of Allen Army Airfield. The designated altitudes would extend from the
surface to but not including 6,000 feet MSL. The time of designation
would be ``0700-1900 local time Monday-Friday; other times by NOTAM 4
hours in advance.''
    R-2201B would be established immediately south of R-2201A. The
northern boundary of R-2201B would be the same as the southern boundary
of R-2201A. R-2201B would extend southward to latitude 63[deg]49'33''
N. The designated altitudes would be from the surface to but not
including 6,000 feet MSL. The time of designation would be ``0700-1900
local time Monday-Friday; other times by NOTAM 4 hours in advance.''
    R-2201C would overlie R-2201A using the same lateral boundaries.
The designated altitudes would be from 6,000 feet MSL to 11,000 feet
MSL. The time of designation would be ``By NOTAM 4 hours in advance.''
    R-2201D would overlie R-2201B using the same lateral boundaries.
The designated altitudes would be from 6,000 feet MSL to 11,000 feet
MSL. The time of designation would be ``By NOTAM 4 hours in advance.''
    A chart of the revised R-2201 proposal will be posted on the
www.regulations.gov website (search: FAA-2016-9495).

Regulatory Notices and Analyses

    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.
It, therefore: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (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 proposed rule,
when promulgated, will not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 73

    Airspace, Prohibited areas, Restricted areas.

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 73 as follows:

PART 73--SPECIAL USE AIRSPACE

0
1. The authority citation for part 73 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  73.22  Alaska [Amended]

0
2. Sec.  73.22 is amended as follows:
* * * * *

R-2201A Fort Greely, AK [New]

    Boundaries. Beginning at lat. 63[deg]58'45'' N, long.
145[deg]35'06'' W; to lat. 63[deg]58'08'' N, long. 145[deg]35'05''
W; to lat. 63[deg]57'06'' N, long. 145[deg]30'15'' W; to lat.
63[deg]57'11'' N, long. 145[deg]39'25'' W; to lat. 63[deg]58'48'' N,
long. 145[deg]39'25'' W; to the point of beginning.
    Designated altitudes. Surface to but not including 6,000 feet
MSL.
    Time of designation. 0700-1900 local time Monday-Friday; other
times by NOTAM 4 hours in advance.
    Controlling agency. FAA, Anchorage ARTCC.
    Using agency. U.S. Army, AK (USARAK), Commanding General, Joint
Base Elmendorf-Richardson (JBER), AK.

R-2201B Fort Greely, AK [New]

    Boundaries. Beginning at lat. 63[deg]57'06'' N, long.
145[deg]30'15'' W; thence clockwise along a 6.3-NM radius of Allen
AAF; to lat. 63[deg]56'14'' N, long. 145[deg]31'17'' W; to lat.
63[deg]54'54'' N, long. 145[deg]26'55'' W; thence south along
Granite Creek; to lat. 63[deg]49'36'' N, long. 145[deg]34'53'' W; to
lat. 63[deg]49'36'' N, long. 145[deg]40'45'' W; thence north along
the west bank of Jarvis Creek; to lat. 63[deg]52'14'' N, long.
145[deg]41'49'' W; to lat. 63[deg]52'56'' N, long. 145[deg]42'52''
W; to lat. 63[deg]55'01'' N, long. 145[deg]42'52'' W; to lat.
63[deg]56'20'' N, long. 145[deg]39'26'' W; to lat. 63[deg]57'11'' N,
long. 145[deg]39'25'' W; to the point of beginning.
    Designated altitudes. Surface to but not including 6,000 feet
MSL.
    Time of designation. 0700-1900 local time Monday-Friday; other
times by NOTAM 4 hours in advance.
    Controlling agency. FAA, Anchorage ARTCC.
    Using agency. U.S. Army, AK (USARAK), Commanding General, Joint
Base Elmendorf-Richardson (JBER), AK.

R-2201C Fort Greely, AK [New]

    Boundaries. Beginning at lat. 63[deg]58'45'' N, long.
145[deg]35'06'' W; to lat. 63[deg]58'08'' N, long. 145[deg]35'05''
W; to lat. 63[deg]57'06'' N, long. 145[deg]30'15'' W; to lat.
63[deg]57'11'' N, long. 145[deg]39'25'' W; to lat. 63[deg]58'48'' N,
long. 145[deg]39'25'' W; to the point of beginning.
    Designated altitudes. 6,000 feet MSL to 11,000 feet MSL.
    Time of designation. By NOTAM 4 hours in advance.
    Controlling agency. FAA, Anchorage ARTCC.
    Using agency. U.S. Army, AK (USARAK), Commanding General, Joint
Base Elmendorf-Richardson, AK (JBER), AK.

R-2201D Fort Greely, AK [New]

    Boundaries. Beginning at lat. 63[deg]57'06'' N, long.
145[deg]30'15'' W; thence clockwise along a 6.3-NM radius of Allen
AAF; to lat. 63[deg]56'14'' N, long. 145[deg]31'17'' W; to lat.
63[deg]54'54'' N, long. 145[deg]26'55'' W; thence south along
Granite Creek; to lat. 63[deg]49'36'' N, long. 145[deg]34'53'' W; to
lat. 63[deg]49'36'' N, long. 145[deg]40'45'' W; thence north along
the west bank of Jarvis Creek; to lat. 63[deg]52'14'' N, long.
145[deg]41'49'' W; to lat. 63[deg]52'56'' N, long. 145[deg]42'52''
W; to lat. 63[deg]55'01'' N, long. 145[deg]42'52'' W; to lat.
63[deg]56'20'' N, long. 145[deg]39'26'' W; to lat. 63[deg]57'11'' N,
long. 145[deg]39'25'' W; to the point of beginning.
    Designated altitudes. 6,000 feet MSL to 11,000 feet MSL.
    Time of designation. By NOTAM 4 hours in advance.
    Controlling agency. FAA, Anchorage ARTCC.
    Using agency. U.S. Army, AK (USARAK), Commanding General, Joint
Base Elmendorf-Richardson (JBER), AK.

    Issued in Washington, DC, on January 3, 2018.
Rodger A. Dean Jr.,
Manager, Airspace Policy Group.
[FR Doc. 2018-00371 Filed 1-10-18; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 167 (Wednesday, August 28, 2019)]
[Rules and Regulations]
[Pages 45068-45071]
[FR Doc No: 2019-18427]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0046; Product Identifier 2018-CE-040-AD; Amendment
39-19721; AD 2019-17-01]
RIN 2120-AA64

Airworthiness Directives; Learjet, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2017-11-09
for certain Learjet, Inc. (Learjet), Model 60 airplanes. AD 2017-11-09
required a one-time fluorescent dye penetrant inspection of the
fuselage skin for corrosion, additional related inspections and
corrective actions as necessary, and reporting the inspection results
to the FAA. This AD clarifies the compliance time for the inspection
and corrects an error in the inspection area of the fuselage skin. This
AD was prompted by the identification of an error in the fluorescent
dye penetrant inspection of the fuselage skin and an ambiguity in the
compliance time for the fluorescent dye penetrant inspection. The FAA
is issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective October 2, 2019.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of May 22, 2017
(82 FR 18084, April 17, 2017).

ADDRESSES: For service information identified in this final rule,
contact Learjet, Inc., One Learjet Way, Wichita, KS 67209-2942;
telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>internet: http://www.bombardier.com. You
may view this service information at the FAA, Policy and Innovation
Division, 901 Locust, Kansas City, Missouri 64106. For information on
the availability of this material at the FAA, call<PHONE_NUMBER>. It
is also available on the internet at http://www.regulations.gov by
searching for and locating Docket No. FAA-2019-0046.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0046; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations is U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Tara Shawn, Aerospace Engineer,
Wichita ACO Branch, 1801 Airport Road, Room 100, Wichita, Kansas 67209;
telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>or 8ddae4eee5e4f9eca0cec2decdebececa3eae2fb.

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2017-11-09, Amendment 39-18908 (82 FR
24462, May 30, 2017) (``AD 2017-11-09''). AD 2017-11-09 applied to
certain serial-numbered Learjet Model 60 airplanes with either a
dorsal-mounted oxygen bottle or with a retained oxygen line fairing
installed on top of the fuselage after removing the dorsal-mounted
oxygen bottle. AD 2017-11-09 required a one-time fluorescent dye
penetrant inspection of the fuselage skin for corrosion and reporting
the results of the inspection to the FAA. AD 2017-11-09 resulted from
an evaluation by the design approval holder that indicated the upper
fuselage skin under the aft oxygen line fairing is subject to multi-
site damage. The FAA issued AD 2017-11-09 to detect and correct
corrosion of the fuselage skin, which could result in reduced
structural integrity of the airplane.
    AD 2017-11-09 superseded AD 2017-08-07, Amendment 39-18856 (82 FR
18084, April 17, 2017) (``2017-08-07''). AD 2017-11-09 retained all of
the actions of AD 2017-08-07 but revised the applicability to include
only those airplanes with a dorsal-mounted oxygen bottle or airplanes
with a retained the oxygen line fairing installed on top of the
fuselage after removing the dorsal-mounted oxygen bottle. AD 2017-11-09
was prompted by the FAA's determination that only certain airplanes
listed in the applicability of AD 2017-08-07 were affected by the
unsafe condition.
    The NPRM published in the Federal Register on February 8, 2019 (84
FR 2793). The NPRM was prompted by the FAA's identification of an error
in the area of the fluorescent dye penetrant inspection requirement. AD
2017-11-09 required a fluorescent penetrant inspection of the fuselage
skin between stringer (S)-2L and S-2R. Bombardier Learjet 60 Service
Bulletin (SB) 60-53-19, Revision 3, dated August 29, 2016, specifies
inspecting only out to the fairing end caps, which is a smaller area.
    The FAA also identified an ambiguity in the compliance time for the
inspection of the fuselage skin. Paragraphs (g)(1) through (3) of AD
2017-11-09 do not specify that the date used for compliance is either
the date of issuance of the original airworthiness certificate or the
date of issuance of the original export certificate of airworthiness,
whichever date is earlier.
    The FAA is issuing this AD to correct the error of the inspection
area and clarify the compliance times for the fluorescent dye penetrant
inspection of the fuselage skin. The actions of this AD will detect and
correct corrosion of the fuselage skin, which could result in reduced
structural integrity of the airplane.

Comments

    The FAA gave the public the opportunity to participate in
developing this AD. The FAA received no comments on the NPRM or on the
determination of the cost to the public.

Conclusion

    The FAA reviewed the relevant data and determined that air safety
and the public interest require adopting this AD as proposed except for
minor editorial changes. It has determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Bombardier Learjet 60 Service Bulletin (SB) 60-53-
19, Revision 3, dated August 29, 2016. This service information was
previously approved for incorporation by reference in AD 2017-08-07 and
retained in AD 2017-11-09. The service information describes procedures
for inspections of the fuselage crown skin for corrosion and, as
necessary, related investigative inspections and corrective actions.
This service information is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 284 airplanes of U.S.
registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspection (retained action from AD     46 work-hours x $85 per             $265          $4,175      $1,185,700
 2017-11-09).                            hour = $3,910.
Reporting (retained action from AD      1 work-hour x $85 per                  0              85          24,140
 2017-11-09).                            hour = $85.
----------------------------------------------------------------------------------------------------------------

    This AD adds no additional economic burden. The FAA has not
received definitive data that would enable us to provide cost estimates
for the on-condition actions specified in this AD. According to the
manufacturer, some of the costs of this AD may be covered under
warranty, thereby reducing the cost impact on affected individuals. The
FAA does not control warranty coverage for affected individuals. As a
result, it has included all known costs in the cost estimate.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a currently valid OMB Control Number. The OMB
Control Number for this information collection is 2120-0056. Public
reporting for this collection of information is estimated to be
approximately 1 hour per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, completing and reviewing the collection of
information. All responses to this collection of information are
mandatory. Send comments regarding this burden estimate or any other
aspect of this collection of information, including suggestions for
reducing this burden to: Information Collection Clearance Officer,
Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX
76177-1524.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to small airplanes, gliders,
balloons, airships, domestic business jet transport airplanes, and
associated appliances to the Director of the Policy and Innovation
Division.

Regulatory Findings

    The FAA determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect 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.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD)
2017-11-09, Amendment 39-18908 (82 FR 24462, May 30, 2017), and adding
the following new AD:

2019-17-01 Learjet, Inc.: Amendment 39-19721; Docket No. FAA-2019-
0046; Product Identifier 2018-CE-040-AD.

(a) Effective Date

    This AD is effective October 2, 2019.

(b) Affected ADs

    This AD replaces AD 2017-11-09, Amendment 39-18908 (82 FR 24462,
May 30, 2017) (``AD 2017-11-09'').

(c) Applicability

    This AD applies to Learjet, Inc., Model 60 airplanes,
certificated in any category, having serial numbers 60-002 through
60-430 inclusive, and having a configuration identified in paragraph
(c)(1) or (2) of this AD.
    (1) Airplanes with a dorsal-mounted oxygen bottle.
    (2) Airplanes that have had the dorsal mounted oxygen bottle
removed but have retained the oxygen line fairing installed on top
of the fuselage.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by an evaluation by the design approval
holder indicating that the upper fuselage skin under the aft oxygen
line fairing is subject to multi-site damage. The FAA is issuing
this AD to detect and correct corrosion of the fuselage skin, which
could result in reduced structural integrity of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Inspection of the Fuselage Skin, Related Investigative Inspections,
and Corrective Actions

    At the applicable compliance times specified in paragraphs
(g)(1) through (3) of this AD, do the fluorescent dye penetrant
inspection of the fuselage skin for corrosion. Before further
flight, do all related investigative and corrective actions. Follow
the Accomplishment Instructions of Bombardier Learjet 60 Service
Bulletin 60-53-19, Revision 3, dated August 29, 2016, (SB 60-53-19,
Revision 3) except as required by paragraph (h) of this AD.
    (1) As of May 22, 2017 (the effective date of AD 2017-08-07,
Amendment 39-18856 (82 FR 18084, April 17, 2017) (``2017-08-07''),
which was superseded by AD 2017-11-09), any airplanes with more than
12 years since the date of issuance of the original airworthiness
certificate or the date of issuance of the original export
certificate of airworthiness, whichever date is earlier: Inspect
within 12 months after May 22, 2017 (the effective date of AD 2017-
08-07, which was superseded by 2017-11-09).
    (2) As of May 22, 2017 (the effective date of AD 2017-08-07,
which was superseded by AD 2017-11-09), any airplanes with more than
6 years but equal to or less than 12 years since the date of
issuance of the original airworthiness certificate or the date of
issuance of the original export certificate of airworthiness,
whichever date is earlier: Inspect within 24 months after May 22,
2017 (the effective date of AD 2017-08-07, which was superseded by
AD 2017-11-09).
    (3) As of May 22, 2017 (the effective date of AD 2017-08-07,
which was superseded by AD 2017-11-09), any airplanes with 6 years
or less since the date of issuance of the original airworthiness
certificate or the date of issuance of the original export
certificate of airworthiness, whichever date is earlier: Inspect
within 36 months after May 22, 2017 (the effective date of AD 2017-
08-07, which was superseded by AD 2017-11-09).

(h) Retained Service Information Exception, With No Changes

    This paragraph restates the requirements of paragraph (h) of AD
2017-11-09, with no changes. Where SB 60-53-19, Revision 3,
specifies contacting Learjet, Inc., for appropriate action: Before
further flight, repair using a method approved in accordance with
the procedures specified in paragraph (l) of this AD.

(i) Retained Reporting, With No Changes

    This paragraph restates the requirements of paragraph (i) of AD
2017-11-09, with no changes. At the applicable time specified in
paragraph (i)(1) or (i)(2) of this AD: Submit a report of the
findings (both positive and negative) of the inspection required by
the introductory text of paragraph (g) of this AD to<EMAIL_ADDRESS>or Ann Johnson, Wichita ACO Branch, 1801 Airport Road,
Wichita, KS 67209. The report must include the name of the owner,
the address of the owner, the name of the organization incorporating
Learjet 60 Service Bulletin 60-53-19, the date that inspection was
completed, the name of the person submitting the report, the
address, telephone number, and email of the person submitting the
report, the airplane serial number, the total time (flight hours) on
the airplane, the total number of landings on the airplane, whether
corrosion was detected, whether corrosion was repaired, the
structural repair manual (SRM) chapter and revision used (if
repaired), and whether corrosion exceeded the minimum thickness
specified in Bombardier Learjet 60 SB 60-53-19 (and specify the SRM
chapter and revision, if used as an aid to determine minimum
thickness).
    (1) If the inspection was done on or after May 22, 2017 (the
effective date of AD 2017-08-07, which was superseded by AD 2017-11-
09): Submit the report within 30 days after the inspection.
    (2) If the inspection was done before May 22, 2017 (the
effective date of AD 2017-08-07, which was superseded by AD 2017-11-
09): Submit the report within 30 days after May 22, 2017 (the
effective date of AD 2017-08-07, which was superseded by AD 2017-11-
09).

(j) Credit for Previous Actions

    This AD allows credit for the actions required in the
introductory text of paragraph (g) if completed before the effective
date of this AD using the Accomplishment Instructions in Learjet 60
SB 60-53-19, dated November 23, 2015; Learjet 60 SB 60-53-19
Revision 1, dated April 4, 2016; or Learjet 60 SB 60-53-19 Revision
2, dated April 18, 2016.

(k) Paperwork Reduction Act Burden Statement

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty
for failure to comply with a collection of information subject to
the requirements of the Paperwork Reduction Act unless that
collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 1 hour per response, including the
time for reviewing instructions, completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Comments concerning the accuracy of this
burden and suggestions for reducing the burden should be directed to
the FAA at: 800 Independence Ave. SW, Washington, DC 20591, Attn:
Information Collection Clearance Officer, AES-200.

(l) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Wichita ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or local Flight Standards District
Office, as appropriate. If sending information directly to the
manager of the ACO Branch, send it to the attention of the person
identified in paragraph (m)(1) of this AD.
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by a Learjet, Inc., Designated Engineering
Representative (DER), or a Unit Member (UM) of the Learjet
Organization Designation Authorization (ODA), that has been
authorized by the Manager, Wichita ACO Branch, to make those
findings. To be approved, the repair, modification deviation, or
alteration deviation must meet the certification basis of the
airplane, and the approval must specifically refer to this AD.
    (4) AMOCs approved previously for AD 2017-08-07 or AD 2017-11-09
are approved for the corresponding requirements in paragraph (g) of
this AD.

(m) Related Information

    For more information about this AD, contact Tara Shawn,
Aerospace Engineer, Wichita ACO Branch, 1801 Airport Road, Room 100,
Wichita, Kansas 67209; telephone:<PHONE_NUMBER>; fax: (316) 946-
4107; email<EMAIL_ADDRESS>or a4f3cdc7cccdd0c589e7ebf7e4c2c5c58ac3cbd2.

(n) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (3) The following service information was approved for IBR on
May 22, 2017, (82 FR 18084, April 17, 2017).
    (i) Bombardier Learjet 60 Service Bulletin 60-53-19, Revision 3,
dated August 29, 2016.
    (ii) [Reserved]
    (4) For service information identified in this AD, contact
Learjet, Inc., One Learjet Way, Wichita, KS 67209-2942; telephone:
316-946-2000; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
internet: http://www.bombardier.com.
    (5) You may view this service information at the FAA, Policy and
Innovation Division, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call
(816) 329-4148.
    (6) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call

202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri, on August 20, 2019.
Melvin J. Johnson,
Aircraft Certification Service, Deputy Director, Policy and Innovation
Division, AIR-601.
[FR Doc. 2019-18427 Filed 8-27-19; 8:45 am]
 BILLING CODE 4910-13-P