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
Federal Register / Vol. 61, No. 104 / Wednesday, May 29, 1996 / Proposed Rules 26855

14 CFR Part 71

[Airspace Docket No. 96–AGL–1]

Proposed amendment to Class E

Airspace; Rochester, MN

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: This notice proposes to

amend the Class E airspace at Rochester,

MN. Additional controlled airspace is

required for the Copter GPS 325 degrees

approach procedure to St. Mary’s

Hospital Heliport. Controlled Airspace

extending upward from 700 to 1200 feet

above ground level (AGL) is needed for

aircraft executing the approach..

DATES: Comment must be received on or

before June 30, 1996.

ADDRESSES: Send comments on the

proposal in triplicate to: Federal

Aviation Administration, Office of the

Assistant Chief Counsel, AGL–7, Rules

Docket No. 96–AGL–1, 23000 East

Devon Avenue, Des Plaines, Illinois

60018.

The official docket may be examined

in the Office of the Assistant Chief

Counsel, Federal Aviation

Administration, 2300 East Devon

Avenue, Des Plaines, Illinois. An

informal docket may also be examined

during normal business hours at the Air

Traffic Division, Operations Branch,

Federal Aviation Administration, 2300

East Devon Avenue, Des Plaines,

Illinois.

FOR FURTHER INFORMATION CONTACT:

John A. Clayborn, Air Traffic Division,

Operations Branch, AGL–530, Federal

Aviation Administration, 2300 East

Devon Avenue, Des Plaines, Illinois

60018, telephone (847) 294–7459.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested partiers are invited to

participate in this proposed rulemaking

by submitting such written data, views,

or agruments 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 the

airspace docket number and be

submitted in triplicate to the address

listed above. Commenters wishing the

FAA to acknowledge receipt of their

comments on this notice must submit

with those comments a self-addressed,

stamped postcard on which the

following statment is made: ‘‘Comments

to Airspace Docket No. 96–AGL–1.’’ The

postcard will be date/time stamped and

returned to the commenter. All

communications received on or before

the specified closing date for comments

will be considered before taking action

on the proposed rule. The proposal

contained in this notice may be changed

in light of comments received. All

comments submitted will be available

for examination in the Rules Docket,

FAA, Great Lakes Region, Office of the

Assistant Chief Counsel, 2300 East

Devon Avenue, Des Plaines, Illinois,

both before and after the closing date for

comments. A report summarizing each

substantive public contact with FAA

personnel concerned with this

rulemaking will be filed in this docket.

Availability of NPRM’s

Any person may obtain a copy of the

Notice of Proposed Rulemaking (NPRM)

by submitting a request to the Federal

Aviation Administration, Office of

Public Affairs, Attention: Public Inquiry

Center, APA–230, 800 Independence

Avenue, S.W., Washington, DC 20591,

or by calling (202) 267–3484.

Communications must identify the

notice number of this NPRM. Persons

interested in being placed on a mailing

list for future NPRM’s should also

request a copy of Advisory Circular No.

11–2A, which describes the application

procedure.

The Proposal

The FAA is considering an

amendment to part 71 of the Federal

Aviation Regulations (14 CFR part 71) to

amend Class E airspace at Rochester,

MN. This proposal would provide

adequate Class E airspace for IFR

operators executing the Copter GPS 325

degrees approach procedure to St.

Mary’s Hospital Heliport. Controlled

airspace extending upward from 700 to

1200 feet AGL is needed to contained

aircraft executing the approach. The

area would be depicted on appropriate

aeronautical charts thereby enabling

pilots to circumnavigate the area or

otherwise comply with IFR procedures.

Class E airspace designations for

airspace areas extending upward from

700 feet or more above the surface of the

earth are published in paragraph 6005 of

FAA Order 7400.9C dated August 17,

1995, and effective September 16, 1995,

which is incorporated by reference in 14

CFR 71.1. The Class E. airspace

designation listed in this document

would be published subsequently in the

Order.

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.

Therefore this, proposed regulation—(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)

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 will

not have a significant economic impact

on a substantial number of small entities

under the criteria of the Regulatory

Flexibility Act.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference,

Navigation (air).

The Proposed Amendment

Accordingly, pursuant to the

authority delegated to me, the Federal

Aviation administration proposes to

amend part 71 of the Federal Aviation

Regulations (14 CFR part 71) as follows:

PART 71—[AMENDED]

1. The authority citation for part 71

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40113,

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389; 14 CFR 11.69.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of the Federal Aviation

Administration Order 7400.9C, Airspace

Designations and Reporting Points,

dated August 17, 1995, and effective

September 16, 1995, is amended as

follows:

Paragraph 6005 Class E airspace areas

extending from 700 feet or more above the

surface of the earth.

* * * * *

AGL MN E5 Rochester, MN [Revised]

Rochester International Airport, MN

(lat. 43°54′32′′N, long. 92°29′53′′W)

St. Mary’s Hospital Heliport, MN

(lat. 44°01′11′′N, long 92°28′59′′W)

Rocester VOR/DME

(lat. 43°46′58′′N, long. 92°35′49′′W)

That airspace extending upward for 700

feet above the surface within a 6.7-mile

radius of the Rochester International Airport

and within 3.2 miles each side of the

Rochester VOR/DME 028 radial extending

from the 6.7-mile radius to 7.9 miles

southwest of the airport, within 5.3 miles

southwest and 4 miles northeast of the

Rochester northwest localizer course

extending from the 6.7-mile radius to 20

miles northwest of the airport, within 5.3
26856 Federal Register / Vol. 61, No. 104 / Wednesday, May 29, 1996 / Proposed Rules

miles northeast and 4 miles southwest of the

Rochester southeast localizer course

extending from the 6.7-mile radius to 17.3

miles southeast of the airport and within a

6.4 mile radius of the St. Mary’s Hospital

Heliport.

* * * * *

Issued in Des Plaines, Illinois on May 14,

1996.

Jeffrey L. Griffith,

Acting Manger, Air Traffic Division.

[FR Doc. 96–13423 Filed 5–28–96; 8:45 am]

BILLING CODE 4910–13–M

14 CFR Part 71

[Airspace Docket No. 96–AGL–3]

Revision of Class E Airspace; Delta

County Airport, Escanaba, MI

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: This notice proposes to revise

the Class E2 airspace to accommodate

the addition of an Automatic Weather

Observation System (AWOS–3) at Delta

County Airport, Escanaba, MI, to

operate turbo-jet charter service on a 24

hour basis.

DATES: Comments must be received on

or before June 30, 1996.

ADDRESSES: Send comments on the

proposal in triplicate to: Federal

Aviation Administration, Office of the

Assistant Chief Counsel, AGL–7, Rules

Docket No. 96–AGL–3, 2300 East Devon

Avenue, Des Plaines, Illinois 60018.

The official docket may be examined

in the Office of the Assistant Chief

Counsel, Federal Aviation

Administration, 2300 East Devon

Avenue, Des Plaines, Illinois. An

informal docket may also be examined

during normal business hours at the Air

Traffic Division, Operations Branch,

Federal Aviation Administration, 2300

East Devon Avenue, Des Plaines,

Illinois.

FOR FURTHER INFORMATION CONTACT:

John A. Clayborn, Air Traffic Division,

Operations Branch, AGL–530, Federal

Aviation Administration, 2300 East

Devon Avenue, Des Plaines, Illinois

60018, telephone (847) 294–7568.

SUPPLEMENTARY INFORMATION:

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 the

airspace docket number and be

submitted in triplicate to the address

listed above. Commenters wishing the

FAA to acknowledge receipt of their

comments on this notice must submit

with those comments a self-addressed,

stamped postcard on which the

following statement is made:

‘‘Comments to Airspace Docket No. 96–

AGL–3.’’ The postcard will be date/time

stamped and returned to the

commenter. All communications

received on or before the specified

closing date for comments will be

considered before taking action on the

proposed rule. The proposal contained

in this notice may be changed in light

of comments received. All comments

submitted will be available for

examination in the Rules Docket, FAA,

Great Lakes Region, Office of the

Assistant Chief Counsel, 2300 Devon

Avenue, Des Plaines, Illinois, both

before and after the closing date for

comments. A report summarizing each

substantive public contact with FAA

personnel concerned with this

rulemaking will be filed in the docket.

Availability of NPRM’s

Any person may obtain a copy of the

Notice of Proposed Rulemaking (NPRM)

by submitting a request to the Federal

Aviation Administration, Office of

Public Affairs, Attention: Public Inquiry

Center, APA–230, 800 Independence

Avenue, S.W., Washington, DC 20591,

or by calling (202) 267–3484.

Communications must identify the

notice number of this NPRM. Persons

interested in being placed on a mailing

list for future NPRM’s should also

request a copy of Advisory Circular No.

11–2A, which describes the application

procedure.

The Proposal

The FAA is considering an

amendment to part 71 of the Federal

Aviation Regulations (14 CFR part 71) to

revise the Class E2 airspace to

accommodate the addition of an

Automatic Weather Observation System

(AWOS–3) at Delta County Airport,

Escanaba, MI, to operate turbo-jet

charter service on a 24 hour basis. The

area would be depicted on appropriate

aeronautical charts thereby enabling

pilots to circumnavigate the area or

otherwise comply with IFR procedures.

Class E2 airspace designations for

surface areas are published in paragraph

6002 of FAA Order 7400.9C dated

August 17, 1995, and effective

September 16, 1995, which is

incorporated by reference in 14 CFR

71.1. The Class E2 airspace designation

listed in this document would be

published subsequently in the Order.

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.

Therefore this, proposed regulation—(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)

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 will

not have a significant economic impact

on a substantial number of small entities

under the criteria of the Regulatory

Flexibility Act.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference,

Navigation (air).

The Proposed Amendment

Accordingly, pursuant to the

authority delegated to me, the Federal

Aviation Administration proposes to

amend part 71 of the Federal Aviation

Regulations (14 CFR part 71) as follows:

PART 71—[AMENDED]

1. The authority citation for part 71

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40113,

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389; 14 CFR 11.69.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of the Federal Aviation

Administration Order 7400.9C, Airspace

Designations and Reporting Points,

dated August 17, 1995, and effective

September 16, 1995, is amended as

follows:

Paragraph 6002 The Class E airspace areas

designated as a surface area for an airport.

* * * * *

AGL MI E2 Escanaba, MI [Revised]

Escanaba, Delta County Airport, MI

(lat. 45°43′18′′N., long. 87°05′40′′W.)

Escanaba VORTAC

(lat. 45°43′21′′N., long. 87°05′23′′W.)

Within a 4.2-mile radius of the Escanaba

VORTAC, and within 2.6 miles each side of

the Escanaba VORTAC 007 radial, extending

from the 4.2-mile radius to 7.4 miles

northeast, and within 2.6 miles each side of