29978 Federal Register / Vol. 60, No. 109 / Wednesday, June 7, 1995 / Rules and Regulations

(d) and by adding the following new

paragraph (c):

§ 124.501 Miscellaneous reporting

requirements.

* * * * *

(c) Submission of financial

statements. (1) Program Participants

with actual gross annual receipts of

$5,000,000 or more must submit to SBA

audited annual financial statements

prepared by a licensed independent

public accountant (as defined in part

107, appendix I, paragraph II. B) within

120 days after the close of the concern’s

fiscal year.

(i) Upon request by the Program

Participant, SBA may waive the

requirement for audited financial

statements. Waivers under this

paragraph may be granted by the

appropriate District Director only for the

first year that audited financial

statements are required. Beyond such

first year, only the AA/MSB&COD may

waive this requirement for good cause

shown by the Program Participant.

(ii) Circumstances where waivers of

audited financial statements may be

granted include, but are not limited to,

the following:

(A) The concern has an unexpected

increase in sales towards the end of its

fiscal year that creates an unforeseen

requirement for audited statements;

(B) The concern unexpectedly

experiences severe financial difficulties

which would make the cost of audited

financial statements a particular burden;

and

(C) The concern has been an 8(a)

Program Participant less than 12

months.

(2) Program Participants with actual

gross annual receipts of $1,000,000 to

$4,999,999 shall submit to SBA

reviewed annual financial statements

prepared by a licensed independent

public accountant (as defined in part

107, appendix I, paragraph II. B) within

90 days after the close of the concern’s

fiscal year.

(3) Program Participants with actual

gross annual receipts of less than

$1,000,000 shall submit to SBA an

annual statement prepared in-house or a

compilation statement prepared by a

licensed independent public accountant

(as defined in part 107, appendix I,

paragraph II. B), verified as to accuracy

by an authorized officer, partner, or sole

proprietor of the 8(a) concern, by

signature and date, within 90 days after

the close of the concern’s fiscal year.

(4) Any audited financial statements

submitted to SBA pursuant to

§ 124.501(c) shall be prepared in

accordance with Generally Accepted

Accounting Principles and reflect the

independent public accountant’s

opinion.

(5) While financial statements need

not be submitted until 90 or 120 days

after the close of an 8(a) concern’s fiscal

year, depending on the receipts of the

concern, a concern seeking to be

awarded an 8(a) contract between the

close of its fiscal year and such 90 or

120-day time period must submit a final

sales report signed by the CEO or

President to SBA in order for SBA to

determine/verify the concern’s size and

its compliance with competitive

business mix targets. This report must

show a breakdown of 8(a) and non-8(a)

sales.

(6) Notwithstanding a concern’s gross

annual receipts, audited or reviewed

annual and/or quarterly statements may

be required whenever SBA determines it

is necessary to obtain a more thorough

verification of a concern’s assets,

liabilities, income and/or expenses, or

to determine the concern’s capacity to

perform a specific 8(a) contract.

* * * * *

Dated: April 5, 1995.

Philip Lader,

Administrator.

[FR Doc. 95–13722 Filed 6–6–95; 8:45 am]

BILLING CODE 8025–01–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 91–CE–25–AD; Amendment 39–

9248; AD 95–11-15]

Airworthiness Directives; Alexander

Schleicher GmbH & Co. Model ASK 21

Gliders

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that

applies to Alexander Schleicher GmbH

& Co. (Alexander Schleicher) Model

ASK 21 gliders. The required action

requires replacing the parallel rocker

with a part of improved design, and

incorporating flight manual revisions.

Two incidents of the parallel rocker

breaking at the elevator connection on

the affected gliders prompted this

action. The actions specified by this AD

are intended to prevent possible loss of

elevator control that could result from a

broken parallel rocker.

DATES: Effective July 14, 1995.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of July 14,

1995.

ADDRESSES: Service information that

applies to this AD may be obtained from

Alexander Schleicher GmbH &

Company, D–36163, PopppenhausenWasserkuppe, Germany; or Eastern

Sailplane, Heath Stage Route, Shelburne

Falls, Massachusetts 01370; telephone

(413) 625–6059. This information may

also be examined at the FAA, Central

Region, Office of the Assistant Chief

Counsel, Room 1558, 601 E. 12th Street,

Kansas City, Missouri 64106; or at the

Office of the Federal Register, 800 North

Capitol Street, NW., suite 700,

Washington, DC.

FOR FURTHER INFORMATION CONTACT: Mr.

Herman Belderok, Project Officer,

Gliders, Small Airplane Directorate,

Aircraft Certification Service, FAA,

1201 Walnut, suite 900, Kansas City,

Missouri 64106; telephone (816) 426-

6932; facsimile (816) 426–2169.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39) to

include an AD that would apply to

certain Alexander Schleicher Model

ASK 21 gliders was published in the

Federal Register on January 18, 1995

(60 FR 3579). The action proposed to

require replacing the parallel rocker at

the automatic elevator connection with

a part of improved design, and

incorporating flight manual revisions.

Accomplishment of the proposed action

would be in accordance with Alexander

Schleicher ASK 21 Technical Note No.

22, dated November 26, 1990.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. No

comments were received on the

proposed rule or the FAA’s

determination of the cost to the public.

After careful review of all available

information related to the subject

presented above, the FAA has

determined that air safety and the

public interest require the adoption of

the rule as proposed except for minor

editorial corrections. The FAA has

determined that these minor corrections

will not change the meaning of the AD

and will not add any additional burden

upon the public than was already

proposed.

The compliance time of this AD is in

calendar time instead of hours time-inservice (TIS). The average monthly

usage of the affected gliders ranges

throughout the fleet. For example, one

owner may operate the glider 25 hours

TIS in one week, while another operator

may operate the glider 25 hours in one

year. For this reason, the FAA has
Federal Register / Vol. 60, No. 109 / Wednesday, June 7, 1995 / Rules and Regulations 29979

determined that, in order to ensure that

all of the affected gliders have parallel

rockers of improved design installed, a

calendar compliance time is used.

The FAA estimates that 35 gliders in

the U.S. registry will be affected by this

AD, that it will take approximately 1

workhour per glider to accomplish the

required action, and that the average

labor rate is approximately $60 an hour.

Parts cost approximately $45 per glider.

Based on these figures, the total cost

impact of the AD on U.S. operators is

estimated to be $3,675. This figure is

based upon the assumption that no

affected glider owner/operator has

accomplished the required replacement.

Alexander Schleicher has informed

the FAA that improved design parallel

rockers have been distributed for all 35

affected gliders. Assuming that each of

these parts is installed on one of the

affected gliders, the required action will

not impose any cost impact upon U.S.

operators.

The regulations adopted herein will

not have substantial direct effects on the

States, on the relationship between the

national government and the States, or

on the distribution of power and

responsibilities among the various

levels of government. Therefore, in

accordance with Executive Order 12612,

it is determined that this final rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

For the reasons discussed above, I

certify that this action (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)

will not have a significant economic

impact, positive or negative, on a

substantial number of small entities

under the criteria of the Regulatory

Flexibility Act. A copy of the final

evaluation prepared for this action is

contained in the Rules Docket. A copy

of it may be obtained by contacting the

Rules Docket at the location provided

under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, 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

adding a new AD to read as follows:

95–11–15 Alexander Schleicher:

Amendment 39–9248; Docket No. 91–

CE–25–AD.

Applicability: Model ASK 21 gliders (all

serial numbers), certificated in any category.

Note 1: This AD applies to each glider

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

gliders 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 (g) 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 glider from the

applicability of this AD.

Compliance: Required within the next 30

calendar days after the effective date of this

AD, unless already accomplished.

To prevent possible loss of elevator control

that could result from a broken parallel

rocker, accomplish the following:

(a) Replace the parallel rocker with an

improved and stronger part (part number

99.000.4940 with modification status 1) in

accordance with the instructions in

Alexander Schleicher ASK 21 Technical Note

No. 22, dated November 26, 1991.

(b) Incorporate the flight manual revisions

included with the technical note referenced

above.

(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 glider 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, Small Airplane

Directorate, FAA, 1201 Walnut, suite 900,

Kansas City, Missouri 64106. The request

should be forwarded through an appropriate

FAA Maintenance Inspector, who may add

comments and then send it to the Manager,

Small Airplane Directorate.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Small Airplane

Directorate.

(e) The replacement required by this AD

shall be done in accordance with Alexander

Schleicher ASK 21 Technical Note No. 22,

dated November 26, 1990. 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 Alexander Schleicher

GmbH & Company, D–36163,

Popppenhausen-Wasserkuppe, Germany; or

Eastern Sailplane, Heath Stage Route,

Shelburne Falls, Massachusetts 01370.

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 (39–9248) becomes

effective on July 14, 1995.

Issued in Kansas City, Missouri, on May

22, 1995.

Henry A. Armstrong,

Acting Manager, Small Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 95–12948 Filed 6–6–95; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 39

[Docket No. 92–CE–13–AD; Amendment 39–

9256; AD 95–12–06]

Airworthiness Directives; Jetstream

Aircraft Limited (formerly British

Aerospace, Regional Aircraft Limited)

Jetstream Models 3101 and 3201

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that

applies to certain Jetstream Aircraft

Limited (JAL) Jetstream Models 3101

and 3201 airplanes. The action requires

modifying the shear fitting at the top of

each escape hatch. A report of

interference between the shear fitting on

an escape hatch and a ceiling panel

found while removing the escape hatch

on one of the affected airplanes

prompted this AD. The actions specified

by this AD are intended to prevent the

inability to utilize an escape hatch

during an emergency situation because

of interference.

DATES: Effective July 24, 1995.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of July 24,

1995.

ADDRESSES: Service information that

applies to this AD may be obtained from

Jetstream Aircraft Limited, Manager

Product Support, Prestwick Airport,

Ayrshire, KA9 2RW Scotland; telephone