16398 Federal Register / Vol. 60, No. 61 / Thursday, March 30, 1995 / Proposed Rules

compliance with this AD, if any, may be

obtained from the Small Airplane

Directorate.

(e) All persons affected by this directive

may obtain copies of the document referred

to herein upon request to HOAC AUSTRIA

GmbH, N.A. Otto Strasse 5, A- 2700 Wiener

Neustadt, Austria; or may examine this

document at the FAA, Central Region, Office

of the Assistant Chief Counsel, Room 1558,

601 E. 12th Street, Kansas City, Missouri

64106.

Issued in Kansas City, Missouri, on March

24, 1995.

Dwight A. Young,

Acting Manager, Small Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 95–7783 Filed 3–29–95; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 39

[Docket No. 94–CE–35–AD]

Airworthiness Directives; Scheibe

Flugzeugbau GmbH SF34 and SF34B

Gliders

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes to

adopt a new airworthiness directive

(AD) that would apply to certain

Scheibe Flugzeugbau GmbH (Scheibe)

SF34 and SF34B gliders. The proposed

action would require adding armature

(supportive covering) to both wings,

modifying the root rib of the left wing,

and incorporating changes and

operating limitations to the flight

manual. Failure of the left wing root rib

on one of the affected gliders while in

flight prompted the proposed action.

The actions specified by the proposed

AD are intended to prevent fatigue

failure of the wing, which could result

in loss of control of the glider.

DATES: Comments must be received on

or before June 16, 1995.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Central Region,

Office of the Assistant Chief Counsel,

Attention: Rules Docket No. 94–CE–35–

AD Room 1558, 601 E. 12th Street,

Kansas City, Missouri 64106. Comments

may be inspected at this location

between 8 a.m. and 4 p.m., Monday

through Friday, holidays excepted.

Service information that applies to the

proposed AD may be obtained from

Scheibe Flugzeugbau GmbH, August

Pfaltz—Strasse 23, Dachau, Germany.

This information also may be examined

at the Rules Docket at the address above.

FOR FURTHER INFORMATION CONTACT: Mr.

Herman C. 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:

Comments Invited

Interested persons are invited to

participate in the making of the

proposed rule by submitting such

written data, views, or arguments as

they may desire. Communications

should identify the Rules Docket

number and be submitted in triplicate to

the address specified above. All

communications received on or before

the closing date for comments, specified

above, will be considered before taking

action on the proposed rule. The

proposals contained in this notice may

be changed in light of the comments

received.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the proposed rule. All comments

submitted will be available, both before

and after the closing date for comments,

in the Rules Docket for examination by

interested persons. A report that

summarizes each FAA-public contact

concerned with the substance of this

proposal will be filed in the Rules

Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this notice

must submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket No. 94–CE–35–AD.’’ The

postcard will be date stamped and

returned to the commenter.

Availability of NPRMs

Any person may obtain a copy of this

NPRM by submitting a request to the

FAA, Central Region, Office of the

Assistant Chief Counsel, Attention:

Rules Docket No. 94–CE–35–AD, Room

1558, 601 E. 12th Street, Kansas City,

Missouri 64106.

Discussion

The Luftfarht-Bundesant (LBA),

which is the airworthiness authority for

Germany, recently notified the FAA that

an unsafe condition may exist on certain

Scheibe SF34 and SF34B gliders. The

LBA reports that fatigue failure of the

root rib occurred on one of these gliders

while in flight, which resulted in an

accident. The glider in the referenced

accident was within 3,000 to 6,000

hours time-in-service (TIS). The life

limit of the wing structure was recently

extended from 3,000 hours TIS to 6,000

hours TIS.

Scheibe has issued Technical Note

(TN) Number 336–2, dated March 10,

1995, which specifies procedures for

adding armature (supportive covering)

to both wings and modifying the root rib

of the left wing. This TN also specifies

changes and operating limitations to be

incorporated into the flight manual. The

LBA classified this service bulletin as

mandatory and issued LBA AD 89–73,

dated May 10, 1989, in order to assure

the continued airworthiness of these

gliders in Germany.

This glider model is manufactured in

Germany and is type certificated for

operation in the United States under the

provisions of section 21.29 of the

Federal Aviation Regulations (14 CFR

21.29) and the applicable bilateral

airworthiness agreement. Pursuant to

this bilateral airworthiness agreement,

the LBA has kept the FAA informed of

the situation described above. The FAA

has examined the findings of the LBA,

reviewed all available information, and

determined that AD action is necessary

for products of this type design that are

certificated for operation in the United

States.

Since an unsafe condition has been

identified that is likely to exist or

develop in other Scheibe SF34 and

SF34B gliders of the same type design,

the proposed AD would require adding

armature (supportive covering) to both

wings, modifying the root rib of the left

wing, and incorporating changes and

operating limitations to the flight

manual. The proposed addition and

modification would be accomplished in

accordance with Scheibe TN Number

336–2, dated March 10, 1989. The

operating limitations and flight manual

changes are included in the TN.

The FAA estimates that 2 gliders in

the U.S. registry would be affected by

the proposed AD, that it would take

approximately 20 workhours per glider

to accomplish the proposed action, and

that the average labor rate is

approximately $60 an hour. Parts cost

approximately $50 per glider. Based on

these figures, the total cost impact of the

proposed AD on U.S. operators is

estimated to be $2,500 ($1,250 per

glider). This figure is based on the

assumption that no affected owner/

operator of the affected gliders has

incorporated the proposed addition,

modification, or operating changes and

limitations.

The regulations proposed herein

would 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
Federal Register / Vol. 60, No. 61 / Thursday, March 30, 1995 / Proposed Rules 16399

12612, it is determined that this

proposal would 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) if

promulgated, 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 draft

regulatory evaluation prepared for this

action has been placed 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, Safety.

The Proposed Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration proposes to amend 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:

Scheibe Flugzeugbau GmbH: Docket No. 94–

CE–35–AD.

Applicability: SF34 and SF34B gliders

(serial number 5102 through 5131),

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 (e) 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 50

hours TIS after the effective date of this AD,

unless already accomplished.

To prevent fatigue failure of the wing,

which could result in loss of control of the

glider, accomplish the following:

(a) Add armature (supportive covering) to

both wings in accordance with the job

instructions section of Scheibe Technical

Note (TN) No. 336–2, dated March 10, 1989.

(b) Modify the root rib of the left wing in

accordance with the job instructions section

of Scheibe TN No. 336–2, dated March 10,

1989.

(c) Accomplish the following flight manual

changes:

(1) Replace pages 1 and 13 of the flight

manual with the revised pages 1 and 13

included with Scheibe TN Number 336–1,

dated March 10, 1989.

(2) Replace pages 1 and 11 in the

Instructions for Continued Airworthiness

with the revised pages 1 and 11 included

with Scheibe TN Number 336–1, dated

March 10, 1989.

(3) In page 8 of the flight manual, add 1

kg to the current empty weight of the glider

and deduct 1kg from the current maximum

load as specified in paragraph 3 of the

Instructions section of Scheibe TN Number

336–1, dated March 10, 1989.

(4) Remove existing operating limitations

and incorporate new operating limitations

into the Limitations section of the flight

manual as specified in paragraph 4 of the

Instructions section of Scheibe TN Number

336–1, dated March 10, 1989.

(d) 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.

(e) 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.

(f) All persons affected by this directive

may obtain copies of the document referred

to herein upon request to Scheibe

Flugzeugbau GmbH, Dachau, Aug. Pfaltz -

Str. 23, Dachau, Germany; or may examine

this document at the FAA, Central Region,

Office of the Assistant Chief Counsel, Room

1558, 601 E. 12th Street, Kansas City,

Missouri 64106. Issued in Kansas City,

Missouri, on March 24, 1995.

Dwight A. Young,

Acting Manager, Small Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 95–7799 Filed 3–29–95; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

15 CFR Parts 929 and 937

[Docket No. 941085–4285]

RIN 0648–AD85

Florida Keys National Marine

Sanctuary Proposed Regulations

AGENCY: Office of Ocean and Coastal

Resource Management (OCRM),

National Ocean Service (NOS), National

Oceanic and Atmospheric

Administration (NOAA), Commerce.

ACTION: Proposed rule; removal and

revision of regulations; Summary of

Draft Management Plan; Proposed

Designation Document; Public

Availability of Draft Management Plan

and Draft Environmental Impact

Statement.

SUMMARY: NOAA, as required by section

7(a) of the Florida Keys National Marine

Sanctuary and Protection Act, is

proposing a comprehensive

management plan and implementing

regulations to manage an approximately

2,800 square nautical mile area of

coastal and ocean waters and the

submerged lands thereunder,

surrounding the Florida Keys in and

adjacent to the State of Florida,

designated by the Florida Keys National

Marine Sanctuary and Protection Act as

the Florida Keys National Marine

Sanctuary (the ‘‘Sanctuary’’). This

document publishes the Designation

Document, and summarizes the draft

comprehensive management plan, for

the Sanctuary. The draft management

plan details the proposed goals and

objectives, management responsibilities,

research activities, interpretive and

educational programs, and enforcement,

including surveillance, activities for the

Sanctuary. The proposed regulations

would implement the comprehensive

management plan and govern the

conduct of activities consistent with the

provisions of the Designation

Document. The intended effect of the

Designation Document, proposed

regulations, and DEIS/MP is to protect

the conservation, recreational,

ecological, historical, research,