Federal Register / Vol. 61, No. 104 / Wednesday, May 29, 1996 / Proposed Rules 26853

associated with onsite disposal of lowlevel waste radioactive material, the

NRC reevaluated the merits of the

proposed rule. In the 7 years since this

rulemaking was originally proposed,

there have been a number of approvals

granted by Agreement States for onsite

disposal of low-level waste material

under the equivalent of 10 CFR 20.2002

(successor to 20.302). The NRC staff is

not aware of any problems with the

Agreement States’ approvals of any

onsite burials of low-level waste

material.

Based on the comments received, the

relatively low hazards associated with

onsite disposal of this type of

radioactive material, and current

experience with disposals, the NRC has

reevaluated the issues and concluded

that it is not necessary to reassert its

regulatory jurisdiction over onsite

disposal at reactor sites in the

Agreement States.

Therefore, the proposed rule is not

required and is being withdrawn.

Withdrawal of the proposed rule does

not affect the current NRC jurisdiction

over disposal of special nuclear material

by reactor or fuel cycle licensees. With

the withdrawal of the proposed rule, the

Agreement States will maintain

jurisdiction over the disposal of lowlevel radioactive waste on nuclear

reactor sites.

Dated at Rockville, Md, this 22nd day of

May, 1996.

For the Nuclear Regulatory Commission.

John C. Hoyle,

Secretary of the Commission.

[FR Doc. 96–13384 Filed 5–28–96; 8:45 am]

BILLING CODE 7590–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95–CE–99–AD]

RIN 2120–AA64

Airworthiness Directives; The Don

Luscombe Aviation History Foundation

Model 8 Series Airplanes.

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 The Don

Luscombe Aviation History Foundation

(referred to as Luscombe from hereon)

Model 8 series airplanes. The proposed

action would require installing new

inspection holes, modifying the wing tip

fairings, and inspecting the wing spars

for intergranular corrosion. Reports of

intergranular corrosion occurring in the

wings prompted the proposed action.

The actions specified by the proposed

AD are intended to prevent wing spar

failure resulting from intergranular

corrosion, which, if not detected and

corrected, could result in structural

failure of the wings and loss of control

of the airplane.

DATES: Comments must be received on

or before July 31, 1996.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Central Region,

Office of the Assistant Chief Counsel,

Attention: Rules Docket No. 95–CE–99–

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 The

Don Luscombe Aviation History

Foundation, P.O. Box 63581, Phoenix,

Arizona 85082; telephone (602) 917–

0969 and facsimile (602) 917–4719. This

information also may be examined at

the Rules Docket at the address above.

FOR FURTHER INFORMATION CONTACT: Ms.

Lirio L. Liu, Aerospace Engineer, FAA,

Los Angeles Aircraft Certification

Office, 3960 Paramount Blvd.,

Lakewood, California, 90712; telephone

(310) 627–5229; facsimile (310) 627–

5210.

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. 95–CE–99–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. 95–CE–99–AD, Room

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

Missouri 64106.

Discussion

The FAA has received reports of

corrosion occurring on both the metal

covered wing spars and the fabriccovered wing spars of the Luscombe

Model 8 series airplanes. The service

history of these airplanes indicates there

is a problem of limited access holes to

the interior of the metal covered wings

to look for any corrosion, which inhibits

inspecting the area around the wing

spar extrusions. The fabric covered

wings on the Luscomb Model 8

airplanes have adequate access holes for

inspecting purposes. Routine

maintenance inspections have reported

intergranular corrosion in the front and

rear spar extrusion in the wings of these

airplanes.

The Don Luscombe Aviation History

Foundation has issued Service

Recommendation No. 2, dated

December 15, 1993, Revised November

21, 1995, which specifies installing new

inspection holes, modifying the wing tip

fairings, and inspecting the wing spars

for intergranular corrosion.

After examining the circumstances

and reviewing all available information

related to the incidents described above,

the FAA has determined that AD action

should be taken to detect intergranular

corrosion in the wing spars, which, if

not detected and corrected, could result

in structural failure of the wings and

loss of control of the airplane.

Since an unsafe condition has been

identified that is likely to exist or

develop in other Luscombe Model 8

series airplanes of the same type design,

the proposed AD would require

installing a total of four additional wing

inspection holes in the metal covered

wings to assist in conducting a more

thorough examination of the wing spars,

modifying the wing tip fairing so that it

is removable, and providing easier

access to the interior of the wings. A one
26854 Federal Register / Vol. 61, No. 104 / Wednesday, May 29, 1996 / Proposed Rules

time inspection for intergranular

corrosion is proposed for both metal

covered and fabric covered wings on the

Luscomb Model 8 airplanes in the areas

of the front and rear spar extrusions of

the wing installations.

The FAA estimates that 2,029

airplanes in the U.S. registry would be

affected by the proposed AD, that it

would take approximately 7 hours per

airplane to accomplish the proposed

action, and that the average labor rate is

approximately $60 an hour. The

Luscombe Installation kit #8007 cost

approximately $125 per airplane. Based

on these figures, the total cost impact of

the proposed AD on U.S. operators is

estimated to be $1,105,805. This figure

includes the cost of the installation,

modification, and inspection. This

figure applies to Model 8 airplanes that

have metal covered wings. For airplanes

that have fabric covered wings, the cost

will only be for the one-time inspection,

which is estimated to take

approximately 1 hour per airplane.

Luscombe has informed the FAA that

these Installation Kits have been

distributed to equip approximately 150

airplanes. Assuming that these

distributed kits are incorporated on the

affected airplanes, the cost of the

proposed AD would be reduced by

$18,750 from $1,105,805 to $1,087,055.

The compliance time of this AD is

presented in calendar time instead of

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

has determined that a calendar time

compliance is the most desirable

method because the unsafe condition

described by this AD is caused by

corrosion. Corrosion initiates as a result

of airplane operation, but can continue

to develop regardless of whether the

airplane is in service or in storage.

Therefore, to ensure that the abovereferenced condition is detected and

corrected on all airplanes within a

reasonable period of time without

inadvertently grounding any airplanes, a

compliance schedule based upon

calendar time instead of hours TIS is

required.

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

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 USC 106(g), 40113, 44701.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding a new airworthiness directive

(AD) to read as follows:

The Don Luscombe Aviation History

Foundation (formerly The Luscombe

Aircraft Company): Docket No. 95–CE–

99–AD.

Applicability: Model 8 series airplanes (all

serial numbers), certificated in any category.

Note 1: This AD applies to each airplane

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

airplanes that have been modified, altered, or

repaired so that the performance of the

requirements of this AD is affected, the

owner/operator must request approval for an

alternative method of compliance in

accordance with paragraph (d) of this AD.

The request should include an assessment of

the effect of the modification, alteration, or

repair on the unsafe condition addressed by

this AD; and, if the unsafe condition has not

been eliminated, the request should include

specific proposed actions to address it.

Compliance: Required within the next 12

calendar months after the effective date of

this AD, unless already accomplished.

To prevent wing spar failure resulting from

intergranular corrosion, which, if not

detected and corrected, could result in

structural failure of the wings and loss of

control of the airplane, accomplish the

following:

(a) For Luscombe Model 8 series airplanes

with metal covered wings,

(1) Install two additional wing inspection

holes (left wing and right wing) using the

Don Luscombe Aviation History Foundation

(DLAHF) Kit #8007, Wing Access and

Inspection Kit, in accordance with the

Compliance Procedures section, paragraphs

‘‘1B Metal Covered Wings.’’, (a), (a1.) through

(a9.), and (b.) of the Luscombe Service

Bulletin (SB) #2, dated December 15, 1993,

REVISED November 21, 1995, and

(2) Modify the wing tip fairing using the

DLAHF Kit #8007, Wing Access and

Inspection Kit, in accordance with the

Compliance Procedures section, paragraphs

‘‘1B Metal Covered Wings.’’, (c), and (c1.)

through (c5.) of the Luscombe SB #2, dated

December 15, 1993, REVISED November 21,

1995.

(b) For all affected Luscombe Model 8

series airplanes, inspect one time for

intergranular corrosion in the areas of the

front and rear spar extrusions of the wing

installations in accordance with the

Compliance Procedures: section, paragraph

‘‘1A. Fabric Covered Wings.’’ or paragraph

‘‘2. Inspect’’ of the Luscombe SB #2, dated

December 15, 1993, REVISED November 21,

1995, whichever paragraph is applicable to

the wing construction of the airplane.

(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 airplane to

a location where the requirements of this AD

can be accomplished.

(d) An alternative method of compliance or

adjustment of the initial compliance time

that provides an equivalent level of safety

may be approved by the Manager, Los

Angeles Aircraft Certification Office, 3960

Paramount Blvd., Lakewood, California,

90712. The request shall be forwarded

through an appropriate FAA Maintenance

Inspector, who may add comments and then

send it to the Manager, Los Angeles Aircraft

Certification Office.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Los Angeles Aircraft

Certification Office.

(e) All persons affected by this directive

may obtain copies of the document referred

to herein upon request to The Don Luscombe

Aviation History Foundation, P. O. Box

63581, Phoenix, Arizona 85082; telephone

(602) 917–0969 and fax (602) 917–4719; 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 May

21, 1996.

Bobby Sextion,

Acting Manager, Small Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 96–13390 Filed 5–28–96; 8:45 am]

BILLING CODE 4910–13–U