Federal Register / Vol. 60, No. 86 / Thursday, May 4, 1995 / Rules and Regulations 21979

supports the commenter’s ideas and

suggestions is extremely helpful in

evaluating the effectiveness of the AD

action and determining whether

additional rulemaking action would be

needed.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the rule that might suggest a need to

modify the 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 AD

will be filed in the Rules Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this rule must

submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 95–NM–68–AD.’’ The

postcard will be date stamped and

returned to the commenter.

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.

The FAA has determined that this

regulation is an emergency regulation

that must be issued immediately to

correct an unsafe condition in aircraft,

and that it is not a ‘‘significant

regulatory action’’ under Executive

Order 12866. It has been determined

further that this action involves an

emergency regulation under DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979). If it is

determined that this emergency

regulation otherwise would be

significant under DOT Regulatory

Policies and Procedures, a final

regulatory evaluation will be prepared

and placed in the Rules Docket. A copy

of it, if filed, may be obtained from 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 the following new airworthiness

directive:

95–09–10 McDonnell Douglas: Amendment

39–9213. Docket 95–NM–68–AD.

Applicability: Model DC–9–80 series

airplanes and Model MD–88 airplanes; as

listed in McDonnell Douglas DC–9 Alert

Service Bulletin DC9–24A157, dated April

11, 1995; 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 use the authority

provided in paragraph (b) 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 airplane from

the applicability of this AD.

Compliance: Required as indicated, unless

accomplished previously.

To prevent the potential for fire and

uncontrolled smoke throughout the cockpit,

accomplish the following:

(a) Within 90 days after the effective date

of this AD, perform a visual inspection to

detect chafing of or damage to the wire

bundle in the overhead switch panel of the

cockpit, in accordance with McDonnell

Douglas Alert Service Bulletin DC9–24A157,

dated April 11, 1995.

(1) If no chafing or damage is detected,

prior to further flight, apply spiral wrap to

the wire bundle in accordance the alert

service bulletin.

(2) If the wire insulation is chafed, prior to

further flight, repair it and then apply spiral

wrap to the wire bundle, in accordance with

the alert service bulletin.

(3) If the wire conductor is damaged, prior

to further flight, splice the wires and then

apply spiral wrap to the wire bundle, in

accordance with the alert service bulletin.

(b) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager, Los

Angeles Aircraft Certification Office (ACO),

FAA, Transport Airplane Directorate.

Operators shall submit their requests through

an appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, Los Angeles ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Los Angeles ACO.

(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) The inspection, application of spiral

wrap, repair, and splicing shall be done in

accordance with McDonnell Douglas Alert

Service Bulletin DC9–24A157, dated April

11, 1995. 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 McDonnell Douglas Corporation, P.O.

Box 1771, Long Beach, California 90801–

1771, Attention: Business Unit Manager,

Technical Administrative Support, Dept.

L51, M.C. 2–98. Copies may be inspected at

the FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington; or at the FAA, Los Angeles

ACO, Transport Airplane Directorate, 3960

Paramount Boulevard, Lakewood, California;

or at the Office of the Federal Register, 800

North Capitol Street, NW., suite 700,

Washington, DC.

(h) This amendment becomes effective on

May 19, 1995.

Issued in Renton, Washington, on April 25,

1995.

James V. Devany,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 95–10588 Filed 5–3–95; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 39

[Docket No. 94–ANE–14; Amendment 39–

9211; AD 95–09–08]

Airworthiness Directives; McCauley

Model 2A37C223/90RB Propellers

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that is

applicable to McCauley Model

2A37C223/90RB propellers. This action

requires installation of internal steel

components, replacement of a balance

ring, replacement of cylinder mounting

screws, and modification to an oil-filled

configuration with red dye.

Replacement of the identified

components redistributes propeller

weight while the red dye oil-filling

provides an ‘‘on-condition’’ (in-service)
21980 Federal Register / Vol. 60, No. 86 / Thursday, May 4, 1995 / Rules and Regulations

means of early crack detection of the

propeller assembly and also improves

lubrication and corrosion protection.

Any screw failures or cracks found

during the accomplishment of this AD

must be reported to the FAA. This

amendment is prompted by a report of

a propeller found with at least one

cylinder screw that had failed due to

fatigue. The actions specified in this AD

are intended to prevent cylinder screw

failure that could result in loss of

propeller control and subsequent loss of

aircraft control.

DATES: Effective May 19, 1995.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of May 19,

1995.

Comments for inclusion in the Rules

Docket must be received on or before

July 3, 1995.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), New England

Region, Office of the Assistant Chief

Counsel, Attention: Rules Docket No.

94–ANE–14, 12 New England Executive

Park, Burlington, MA 01803–5299.

The service information referenced in

this AD may be obtained from McCauley

Accessory Division, The Cessna Aircraft

Company, 3535 McCauley Drive, P.O.

Drawer 5053, Vandalia, OH 45377–

5053; telephone (513) 890–5246, fax

(513) 890–6001. This information may

be examined at the FAA, New England

Region, Office of the Assistant Chief

Counsel, 12 New England Executive

Park, Burlington, MA; or at the Office of

the Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Patricia Bonnen, Aerospace Engineer,

Chicago Aircraft Certification Office,

FAA, Small Airplane Directorate, 2300

East Devon Ave., Room 232, Des

Plaines, IL 60018; telephone (708) 294–

7134, fax (708) 294–7834.

SUPPLEMENTARY INFORMATION: The

Federal Aviation Administration (FAA)

received a report that a McCauley Model

2A37C223/90RB propeller installed on a

Beech Bonanza that crashed on October

2, 1992, had at least one cylinder screw

that had failed due to fatigue. Though

the screw failure was not associated

with the cause of the accident since the

cylinder remained attached until

impact, continued operation of a

propeller with failed cylinder screws

could lead to additional screw failures

and ultimately loss of propeller control.

This condition, if not corrected, could

result in cylinder screw failure that

could result in loss of propeller control

and subsequent loss of aircraft control.

The FAA has reviewed and approved

the technical contents of McCauley

Service Letter (SL) No. 1993–13, dated

September 15, 1993, that describes

procedures for the installation of

internal steel components, replacement

of a balance ring, and for conversion of

non-oil filled propeller models to an oil

filled configuration.

Since an unsafe condition has been

identified that is likely to exist or

develop on other McCauley Model

2A37C223/90RB propellers of the same

type design, this airworthiness directive

(AD) is being issued to prevent cylinder

screw failure that could result in loss of

propeller control and subsequent loss of

aircraft control. This AD requires,

within the next 50 hours time in service

(TIS), at the next annual inspection, or

within 12 calendar months after the

effective date of this AD, whichever

occurs first, installing internal steel

components, replacing balance ring part

number C–6440–[X] with part number

C–6560, replacing cylinder mounting

screws with new screws, part number

A–1635–70, and modifying the

propeller to a red dye oil-filled

configuration. The modification of the

propeller hub assembly to contain oil

with a red dye provides an ‘‘oncondition’’ (in-service) means of early

crack detection and also improves

lubrication and corrosion protection.

The propeller weight increase from the

addition of the internal steel

components, together with the addition

of the lubricating oil, permit the

replacement of the C–6440–[X] balance

ring without affecting propeller weight.

The new balance ring is reduced in

weight to reduce loading on the

propeller cylinder mounting screws.

Any screw failures or cracks found

during the accomplishment of this AD

must be reported. This information is

necessary for the FAA to assess the long

term effectiveness of the corrective

actions described in this AD. The

actions are required to be accomplished

in accordance with the SL described

previously.

Since a situation exists that requires

the immediate adoption of this

regulation, it is found that notice and

opportunity for prior public comment

hereon are impracticable, and that good

cause exists for making this amendment

effective in less than 30 days.

Comments Invited

Although this action is in the form of

a final rule that involves requirements

affecting flight safety and, thus, was not

preceded by notice and an opportunity

for public comment, comments are

invited on this rule. Interested persons

are invited to comment on this 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

under the caption ADDRESSES. All

communications received on or before

the closing date for comments will be

considered, and this rule may be

amended in light of the comments

received. Factual information that

supports the commenter’s ideas and

suggestions is extremely helpful in

evaluating the effectiveness of the AD

action and determining whether

additional rulemaking action would be

needed.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the rule that might suggest a need to

modify the 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 AD

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 Number 94–ANE–14.’’ The

postcard will be date stamped and

returned to the commenter.

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.

The FAA has determined that this

regulation is an emergency regulation

that must be issued immediately to

correct an unsafe condition in aircraft,

and is not a ‘‘significant regulatory

action’’ under Executive Order 12866. It

has been determined further that this

action involves an emergency regulation

under DOT Regulatory Policies and

Procedures (44 FR 11034, February 26,

1979). If it is determined that this

emergency regulation otherwise would

be significant under DOT Regulatory

Policies and Procedures, a final

regulatory evaluation will be prepared

and placed in the Rules Docket. A copy

of it, if filed, may be obtained from the

Rules Docket at the location provided

under the caption ADDRESSES.
Federal Register / Vol. 60, No. 86 / Thursday, May 4, 1995 / Rules and Regulations 21981

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 the following new airworthiness

directive:

95–09–08 McCauley: Amendment 39–9211.

Docket 94–ANE–14.

Applicability: McCauley Model 2A37C223/

90RB two bladed propellers with the

following Propeller Serial Numbers:

901074–901092, 901094–901099, 901315–

901320, 901322–901336, 901338–901340,

902816, 902818–902821;

910044, 910046–910051, 910161–910164,

910166, 910169–910170, 910172, 910174,

910176–910181, 911694, 911696, 912019,

912057, 912060, 912062, 912912;

920256–920260, 920262, 920264, 920266.

The above McCauley Model 2A37C223/

90RB serial-numbered propellers are

installed on but not limited to Beech

Debonair 35–33, –A33, –B33, –C33, –C33A;

E33, E33A, E33C, F33, F33A, F33C, and G33;

and Beech Bonanza 35, 35R, A35, B35, C35,

D35, E35, F35, G35, H35, J35, K35, M35, N35,

P35, S35, V35, V35A, V35B, 36, and A36

aircraft.

Note: The above is not an exhaustive list

of aircraft which may contain the affected

serial-numbered McCauley Model

2A37C223/90RB propellers. It is not possible

to identify all aircraft using the affected

propeller model because of installation

approvals made by Supplemental Type

Certificate or FAA Form 337 ‘‘Major Repair

and Alteration,’’ etc. It is the responsibility

of the owner, operator, and person returning

the aircraft to service to determine if an

aircraft has an affected propeller.

Compliance: Required as indicated, unless

accomplished previously.

To prevent cylinder screw failure that

could result in loss of propeller control and

subsequent loss of aircraft control,

accomplish the following:

(a) Within the next 50 hours time in service

(TIS), at the next annual inspection, or

within 12 calendar months after the effective

date of this AD, whichever occurs first,

install internal steel components, replace

balance ring part number C–6440–[X] with

part number C–6560, replace cylinder

mounting screws with new screws, part

number A–1635–70, and modify the

propeller to an oil-filled configuration with

red dye, all in accordance with McCauley SL

No. 1993–13, dated September 15, 1993. Any

propeller marked as 2A37C223/90RB–C that

has an oil-fill plug in the side of the hub has

complied with paragraph (a) of this AD.

Note: The modification of the propeller

hub assembly to contain oil with a red dye

provides an ‘‘on-condition’’ (in-service)

means of early crack detection of the

propeller assembly and also improves

lubrication and corrosion protection. The oil

will add approximately 2.8 lbs. to the weight

of the propeller assembly.

(b) If leakage of oil containing red dye is

detected in service (whether during flight or

while on the ground), determine, prior to

further flight, the source of leakage in

accordance with McCauley SL No. 1993–13,

dated September 15, 1993. Remove from

service, prior to further flight, propeller

assemblies that exhibit cracks and replace

with a serviceable unit, modified in

accordance with paragraph (a) of this AD, or

with an equivalent initial production

propeller that has incorporated a hub with oil

containing red dye. Oil-filled propellers are

identified by a letter C in the model

designation and an oil-fill plug on the side

of the hub.

(c) The ‘‘calendar month’’ compliance

times stated in this AD allow the

performance of the required action up to the

last day of the month in which compliance

is required.

(d) Report in writing any screw failures or

cracks found during the accomplishment of

paragraphs (a) or (b) of this AD to the

Manager, Chicago Aircraft Certification

Office, FAA, Small Airplane Directorate,

2300 East Devon Ave., Room 232, Des

Plaines, IL 60018; telephone (708) 294–7134,

fax (708) 294–7834, within 10 days of the

inspection. Information collection

requirements contained in the regulation

have been approved by the Office of

Management and Budget (OMB) under the

provisions of the Paperwork Reduction Act of

1980 (Pub. L. 96–511) and has been assigned

OMB Control Number 2120–0056.

(e) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager, Chicago

Aircraft Certification Office. The request

should be forwarded through an appropriate

FAA Maintenance Inspector, who may add

comments and then send it to the Manager,

Chicago Aircraft Certification Office.

Note: Information concerning the existence

of approved alternative methods of

compliance with this airworthiness directive,

if any, may be obtained from the Chicago

Aircraft Certification Office.

(f) 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 aircraft to

a location where the requirements of this AD

can be accomplished.

(g) The replacement and modifications

shall be done in accordance with the

following McCauley service document:

Document No. Pages Date

SL No. 1993–13 ......... 1–25 Sept. 15,

1993.

Total pages: 25.

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 McCauley Accessory Division, The

Cessna Aircraft Company, 3535 McCauley

Drive, P.O. Drawer 5053, Vandalia, OH

45377–5053; telephone (513) 890–5246, fax

(513) 890–6001. Copies may be inspected at

the FAA, New England Region, Office of the

Assistant Chief Counsel, 12 New England

Executive Park, Burlington, MA; or at the

Office of the Federal Register, 800 North

Capitol Street, NW., suite 700, Washington,

DC.

(h) This amendment becomes effective on

May 19, 1995.

Issued in Burlington, Massachusetts, on

April 24, 1995.

James C. Jones,

Acting Manager, Engine and Propeller

Directorate, Aircraft Certification Service.

[FR Doc. 95–10590 Filed 5–3–95; 8:45 am]

BILLING CODE 4910–13–U

RAILROAD RETIREMENT BOARD

20 CFR Part 344

RIN 3220–AB13

Contributions Under Special Transition

Rule for Public Commuter Railroads

AGENCY: Railroad Retirement Board.

ACTION: Final rule; removal.

SUMMARY: The Railroad Retirement

Board (Board) hereby amends its

regulations to remove a temporary rule

regarding the computation and payment

of contributions under the Railroad

Unemployment Insurance Act for

commuter railroads. The rule is now

obsolete.

EFFECTIVE DATE: May 4, 1995.

ADDRESSES: Secretary to the Board,

Railroad Retirement Board, 844 Rush

Street, Chicago, Illinois 60611.

FOR FURTHER INFORMATION CONTACT:

Thomas W. Sadler, Assistant General

Counsel, Railroad Retirement Board,

844 Rush Street, Chicago, Illinois 60611,

(312) 751–4513, TDD (312) 751–4701.

SUPPLEMENTARY INFORMATION: Section

7102(a) of the Railroad Unemployment

Insurance and Retirement Improvement

Act of 1988 (Title VII, Subtitle A of Pub.

L. 100–647) enacted a special transition

rule regarding computation and

payment of contributions by public

commuter railroads for calendar years

1989 and 1990. Under the special

transition rule, each public commuter