16366 Federal Register / Vol. 60, No. 61 / Thursday, March 30, 1995 / Rules and Regulations

Dated: March 14, 1995. Road, Mid-Continent Airport, Wichita, affecting immediate flight safety and, Patricia Jensen, Kansas 67209; telephone (316) 946– thus, was not preceded by notice and Acting Assistant Secretary, Marketing and 4124; facsimile (316) 946–4407. opportunity to comment, comments are Regulatory Programs. SUPPLEMENTARY INFORMATION: The FAA invited on this rule. Interested persons [FR Doc. 95–6906 Filed 3–29–95; 8:45 am] has received a report of an in-flight are invited to comment on this rule by BILLING CODE 3410±EN±P separation of the elevator trim tab submitting such written data, views, or control (‘‘nose up’’ and ‘‘nose down’’) arguments as they may desire. cable on a Beech Model 1900D airplane. Communications should identify the DEPARTMENT OF TRANSPORTATION The reported cable separation prevented Rules Docket number and be submitted the airplane flight crew from using in triplicate to the address specified Federal Aviation Administration manual and electrical nose up trim, and above. All communications received on the flight crew experienced high or before the closing date for comments 14 CFR Part 39 elevator ‘‘nose down’’ control forces. will be considered, and this rule may be amended in light of the comments [Docket No. 95±CE±15±AD; Amendment 39± The flight crew was then able to land 9184; AD 95±02±17] the airplane without further incident. received. Factual information that Investigation of this incident showed supports the commenter’s ideas and Airworthiness Directives; Beech that the elevator trim tab control cable suggestions is extremely helpful in Aircraft Corporation Model 1900D had separated in the vicinity of its guide evaluating the effectiveness of the AD Airplanes pulley, which is located at the top of the action and determining whether vertical stabilizer. The cable had been additional rulemaking action would be AGENCY: Federal Aviation routed outside the lower cable pulley needed. Administration, DOT. guard pin instead of under the guard Comments are specifically invited on ACTION: Final rule; request for pin. The routing configuration caused the overall regulatory, economic, comments. the cable to rub against the stabilizer rib, environmental, and energy aspects of resulting in cable separation. the rule that might suggest a need to SUMMARY: This document publishes in Since an unsafe condition has been modify the rule. All comments the Federal Register an amendment identified that is likely to exist or submitted will be available, both before adopting Airworthiness Directive (AD) develop in other Beech Model 1900D and after the closing date for comments, 95–02–17, which was sent previously to airplanes of the same type design, the in the Rules Docket for examination by known U.S. owners and operators of FAA issued priority letter AD 95–02–17 interested persons. A report that certain Beech Aircraft Corporation on January 25, 1995, to prevent in-flight summarizes each FAA-public contact Model 1900D airplanes. This AD separation of the elevator trim tab concerned with the substance of this AD requires inspecting (one-time) the control cable caused by misrouting, will be filed in the Rules Docket. elevator trim tab control cables at the which could result in loss of control of Commenters wishing the FAA to top of the vertical stabilizer to ensure the airplane. The AD requires inspecting acknowledge receipt of their comments that cables (at the left, right, and (one-time) the elevator trim tab control submitted in response to this notice crossover pulleys) are correctly routed cables at the top of the vertical stabilizer must submit a self-addressed, stamped around the pulleys, within the cable to ensure that cables (at the left, right, postcard on which the following guide pins, and are not contacting any and crossover pulleys) are correctly statement is made: ‘‘Comments to structure; and replacing any cable that routed around the pulleys, within the Docket No. 95–CE–15–AD.’’ The is incorrectly routed or chafed. The cable guide pins, and are not contacting postcard will be date stamped and actions specified by this AD are any structure; and replacing any cable returned to the commenter. intended to prevent in-flight separation that is incorrectly routed or chafed. The regulations adopted herein will of the elevator trim tab control cable Accomplishment of the required actions not have substantial direct effects on the caused by misrouting, which could is in accordance with the Beech 1900D States, on the relationship between the result in loss of control of the airplane. Maintenance Manual, part number 129– national government and the States, or on the distribution of power and DATES: Effective April 17, 1995, to all 590000–15A11, Chapters 5–20–07, page responsibilities among the various persons except those to whom it was 203; 6–40–00, page 3; 6–50–00, page 16; levels of government. Therefore, in made immediately effective by priority and 27–30–04, pages 202 and 203. accordance with Executive Order 12612, letter AD 95–02–17, issued January 25, Since it was found that immediate it is determined that this final rule does 1995, which contained the requirements corrective action was required, notice not have sufficient federalism of this amendment. and opportunity for prior public implications to warrant the preparation Comments for inclusion in the Rules comment thereon were impracticable and contrary to the public interest, and of a Federalism Assessment. Docket must be received on or before The FAA has determined that this June 16, 1995. good cause existed to make AD 95–02– 17 effective immediately by individual regulation is an emergency regulation ADDRESSES: Submit comments in letters issued on January 25, 1995, to that must be issued immediately to triplicate to the Federal Aviation known U.S. operators of certain Beech correct an unsafe condition in aircraft, Administration (FAA), Central Region, Model 1900D airplanes. These and is not a ‘‘significant regulatory Office of the Assistant Chief Counsel, conditions still exist, and the AD is action’’ under Executive Order 12866. It Attention: Rules Docket 95–CE–15–AD, hereby published in the Federal has been determined further that this Room 1558, 601 E. 12th Street, Kansas Register as an amendment to section action involves an emergency regulation City, Missouri 64106. 39.13 of the Federal Aviation under DOT Regulatory Policies and Information that relates to this AD Regulations (14 CFR 39.13) to make it Procedures (44 FR 11034, February 26, may be examined at the Rules Docket at effective as to all persons. 1979). If it is determined that this the address above. emergency regulation otherwise would FOR FURTHER INFORMATION CONTACT: Mr. Comments Invited be significant under DOT Regulatory Steven E. Potter, Wichita Aircraft Although this action is in the form of Policies and Procedures, a final Certification Office, FAA, 1801 Airport a final rule that involves requirements regulatory evaluation will be prepared Federal Register / Vol. 60, No. 61 / Thursday, March 30, 1995 / Rules and Regulations 16367 and placed in the Rules Docket. A copy horizontal stabilizer, to gain access to the 14 CFR Part 71 of it, if filed, may be obtained from the elevator trim tab cable, guides, and pulleys; (2) Inspect the cable routing to ensure that Rules Docket at the location provided [Airspace Docket No. 94±ASO±17] under the caption ADDRESSES. cables (at the left, right, and crossover pulleys) are correctly routed around the List of Subjects in 14 CFR Part 39 Establishment and Alteration of Jet pulleys, within the cable guide pins, and are Routes Air transportation, Aircraft, Aviation not contacting any structure; and safety, Safety. (3) Replace any cable that is incorrectly AGENCY: Federal Aviation routed (cable that does not meet the criteria Administration (FAA), DOT. Adoption of the Amendment above in paragraph (a)(2) of this AD) or is ACTION: Final rule; correction. Accordingly, pursuant to the chafed. authority delegated to me by the Note 2: The procedures listed in Beech SUMMARY: This action corrects an error Administrator, the Federal Aviation Communique 1900D–112, dated January to the final rule published in the Administration amends part 39 of the 1995, ‘‘Inspection of Elevator Trim Tab Federal Register on February 7, 1995, Federal Aviation Regulations (14 CFR Control Cables’’, are similar to those included which modified the airspace part 39) as follows: in this priority letter AD. Complying with all designation for Jet Route J–20, Airspace procedures in Beech Communique 1900D– Docket No. 94–ASO–17. This action is PART 39ÐAIRWORTHINESS 112 is considered equivalent to the necessary to revise a segment of the DIRECTIVES requirements of paragraphs (a)(1), (a)(2), and route to reflect ‘‘Falcon, CO; Hugo, CO’’ (a)(3) of this AD, and is considered ‘‘unless in lieu of the Denver, CO, Very High 1. The authority citation for part 39 already accomplished’’ for this portion of the continues to read as follows: Frequency Omnidirectional Range, AD. which no longer exists. Authority: 49 U.S.C. App. 1354(a), 1421 Note 3: The compliance time specified in and 1423; 49 U.S.C. 106(g); and 14 CFR this AD takes precedence over that specified EFFECTIVE DATE: March 30, 1995. 11.89. in Beech Communique 1900D–112, dated FOR FURTHER INFORMATION CONTACT: § 39.13 [Amended] January 1995, ‘‘Inspection of Elevator Trim Patricia P. Crawford, Airspace and Tab Control Cables’’. Obstruction Evaluation Branch (ATP– 2. Section 39.13 is amended by (b) Special flight permits may be issued in 240), Airspace-Rules and Aeronautical adding a new airworthiness directive to Information Division, Air Traffic Rules read as follows: accordance with sections 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR and Procedures Service, Federal 95–02–17 Beech Aircraft Corporation: 21.197 and 21.199) to operate the airplane to Aviation Administration, 800 Amendment 39–9184; Docket No. 95– a location where the requirements of this AD Independence Avenue, SW., CE–15–AD. can be accomplished. Washington, DC 20591; telephone: (202) Applicability: Model 1900D airplanes, (c) An alternative method of compliance or 267–9255. serial numbers UE–1 through UE–131, adjustment of the compliance time that SUPPLEMENTARY INFORMATION: On certificated in any category. provides an equivalent level of safety may be Note 1: This AD applies to each airplane February 7, 1995 the FAA published a approved by the Manager, Wichita Aircraft final rule to modify several existing jet identified in the preceding applicability Certification Office (ACO), FAA, 1801 provision, regardless of whether it has been routes in the Miami, FL, area (60 FR Airport Road, Mid-Continent Airport, modified, altered, or repaired in the area 7116) with an effective date of March subject to the requirements of this AD. For Wichita, Kansas 67209. The request shall be 30, 1995. The airspace designation for airplanes that have been modified, altered, or forwarded through an appropriate FAA Jet Route J–20 was modified in the State Maintenance Inspector, who may add repaired so that the performance of the of Florida to support the commissioning comments and then send it to the Manager, requirements of this AD is affected, the of the Virginia Key, Very High Wichita ACO. owner/operator must use the authority Frequency Omnidirectional Range and provided in paragraph (c) of this AD to Note 4: Information concerning the request approval from the FAA. This Distance Measuring Equipment (VOR/ existence of approved alternative methods of DME). However, in the interim, a approval may address either no action, if the compliance with this AD, if any, may be current configuration eliminates the unsafe clarification of the current airspace obtained from the Wichita ACO. condition, or different actions necessary to designation for Jet Route J–20 was address the unsafe condition described in (d) Information that relates to this AD may published in the Federal Register on this AD. Such a request should include an be examined at the FAA, Central Region, February 10, 1995, Airspace Docket No. assessment of the effect of the changed Office of the Assistant Chief Counsel, Room 95–ANM–7 (60 FR 8166) with an configuration on the unsafe condition 1558, 601 E. 12th Street, Kansas City, effective date of February 28, 1995, due addressed by this AD. In no case does the Missouri 64106. to the opening of the new Denver presence of any modification, alteration, or (e) This amendment (39–9184) becomes repair remove any aircraft from the International Airport. This action effective on April 17, 1995, to all persons corrects that segment of the jet route’s applicability of this AD. except those persons to whom it was made Compliance: Required prior to further designation, which should be revised to immediately effective by priority letter AD reflect ‘‘Falcon, CO; Hugo, CO;’’ in lieu flight after the effective date of this AD, 95–02–17, issued January 25, 1995, which unless already accomplished. of ‘‘Denver, CO; Kiowa, CO;’’. contained the requirements of this To prevent in-flight separation of the Correction of Final Rule elevator trim tab control cable, which could amendment. lead to loss of control of the airplane, Issued in Kansas City, Missouri, on March Accordingly, pursuant to the accomplish the following: 24, 1995. authority delegated to me, the (a) In accordance with Beech 1900D Dwight A. Young, publication in the Federal Register on Maintenance Manual, part number 129– 590000–15A11, Chapters 5–20–07, page 203; Acting Manager, Small Airplane Directorate, February 7, 1995 (60 FR 7116; Federal 6–40–00, page 3; 6–50–00, page 16; and 27– Aircraft Certification Service. Register Document 95–2737) is 30–04, pages 202 and 203: [FR Doc. 95–7784 Filed 3–29–95; 8:45 am] corrected by substituting the (1) Remove access panel Number 333ATC, BILLING CODE 4910±13±U designation for Jet Route J–20 with the which is located on the top surface of the following: