[Federal Register Volume 60, Number 54 (Tuesday, March 21, 1995)]
[Rules and Regulations]
[Pages 14897-14899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6319]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 95-NM-23-AD; Amendment 39-9175; AD 95-06-05]
Airworthiness Directives; Boeing Model 737-200 and -300 Series
Airplanes Equipped With Cargo Doors Installed in Accordance With
Supplemental Type Certification (STC) SA2969SO
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
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SUMMARY: This amendment adopts a new airworthiness directive (AD) that
is applicable to certain Boeing Model 737-200 and -300 series
airplanes. This action requires inspections to detect cracking of the
fuselage frames at certain locations below the lower jamb of the upper
deck main cargo door, and repair, if necessary. This amendment is
prompted by reports of fatigue cracking in the fuselage frames at these
locations. The actions specified in this AD are intended to prevent
rapid decompression of the airplane due to fatigue cracking in the
fuselage frames of the main deck cargo door.
DATES: Effective April 5, 1995.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of April 5, 1995.
Comments for inclusion in the Rules Docket must be received on or
before May 22, 1995.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 95-NM-23-AD, 1601 Lind Avenue, SW., Renton,
Washington 98055-4056.
The service information referenced in this AD may be obtained from
Pemco Aeroplex, Incorporated, P.O. Box 2287, Birmingham, Alabama 35201-
2287. This information may be examined at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the FAA,
Small Airplane Directorate, Atlanta Aircraft Certification Office,
Campus Building, 1701 Columbia Avenue, Suite 2-160, College Park,
Georgia; or at the Office of the Federal Register, 800 North Capitol
Street, NW., suite 700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Curtis Jackson, Aerospace Engineer,
Airframe Branch, ACE-120A, FAA, Small Airplane Directorate, Atlanta
Aircraft Certification Office, Campus Building, 1701 Columbia Avenue,
Suite 2-160, College Park, Georgia 30337-2748; telephone (404) 305-
7348; fax (404) 305-7348; or Della Swartz, Aerospace Engineer, Airframe
Branch, ANM-120S, FAA, Transport Airplane Directorate, Seattle Aircraft
Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98055-
4056; telephone (206) 227-2785; fax (206) 227-1181.
SUPPLEMENTARY INFORMATION: Recently, two operators reported finding
fatigue cracks in the fuselage frames below the lower jamb of the main
deck cargo door between stringers 20L and 21L at water line 180 on
Boeing Model 737-300 series airplanes. The cracking was randomly
located in various areas of the fuselage frames and may have initiated
at frame stations 380, 400, 420, 440, 460, and/or 480 at the radius of
the frame webs that were modified in accordance with supplemental type
certificate (STC) SA2969SO.
Such cracking, if not detected and corrected in a timely manner,
could result in rapid decompression of the airplane.
Pemco Aeroplex installed main deck cargo doors on Boeing Model 737-
200 and -300 series airplanes in accordance with STC SA2969SO.
Therefore, the FAA has determined that Boeing Model 737-200 series
airplanes are also subject to the same unsafe condition.
The FAA has reviewed and approved Pemco Alert Service Letter 737-
53-0004, dated January 10, 1995, which describes procedures for
detailed close visual inspections to detect cracking of the fuselage
frames below the lower jamb of the upper deck main cargo door between
stringers 20L and 21L at water line 180 at frame stations 380, 400,
420, 440, 460, and 480, and repair of any cracking found.
Since an unsafe condition has been identified that is likely to
exist or develop on other airplanes of the same type design, this AD is
being issued to prevent rapid decompression of the airplane due to
cracking of the fuselage frames below the lower jamb of the upper deck
main cargo door. This AD requires detailed close visual inspections to
detect cracking of the fuselage frames below the lower jamb of the
upper deck main cargo door, and repair, if necessary. The actions are
required to be accomplished in accordance with the alert service letter
described previously.
This is considered to be interim action until final action is
identified, at which time the FAA may consider further rulemaking.
[[Page 14898]] Note: The FAA previously issued AD 95-01-06,
amendment 39-9117 (60 FR 2323, January 9, 1995), which is applicable
to the same airplanes affected by this new AD action. AD 95-01-06
requires inspections to detect cracking in the radii on the support
angles on the lower jamb (latch lug fittings) of the main cargo
door, and replacement of cracked parts. The requirements of AD 95-
01-06 are different and separate from the requirements of this new
AD.
As a result of recent communications with the Air Transport
Association (ATA) of America, the FAA has learned that, in general,
some operators may misunderstand the legal effect of AD's on airplanes
that are identified in the applicability provision of the AD, but that
have been altered or repaired in the area addressed by the AD. The FAA
points out that all airplanes identified in the applicability provision
of an AD are legally subject to the AD. If an airplane has been altered
or repaired in the affected area in such a way as to affect compliance
with the AD, the owner or operator is required to obtain FAA approval
for an alternative method of compliance with the AD, in accordance with
the paragraph of each AD that provides for such approvals. A note has
been included in this rule to clarify this long-standing requirement.
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 shall 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 rule must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 95-NM-23-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.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
95-06-05 Boeing: Amendment 39-9175. Docket 95-NM-23-AD.
Applicability: Model 737-200 and -300 series airplanes equipped
with main deck cargo doors installed in accordance with supplemental
type certificate (STC) SA2969SO, 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 rapid decompression due to cracking of the fuselage
frames below the lower jamb of the upper deck main cargo door,
accomplish the following:
(a) Within 50 flight cycles after the effective date of this AD
or within 50 flight cycles after the installation of STC SA2969SO,
whichever occurs later, perform a detailed close visual inspection
to detect cracking of the fuselage frames below the lower jamb of
the upper deck main cargo door between stringers 20L and 21L at
water line 180 at frame stations 380, 400, 420, 440, 460, and 480,
in accordance with Pemco Alert Service Letter 737-53-0004, dated
January 10, 1995.
(1) If no cracking is detected, repeat the visual inspection
thereafter at intervals not to exceed 450 flight cycles until the
repair described in Pemco Alert Service Letter 737-53-0004, dated
January 10, 1995, has been accomplished.
(2) If any cracking is detected, prior to further flight, repair
in accordance with Pemco Alert Service Letter 737-53-0004, dated
January 10, 1995.
(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, FAA, Small Airplane Directorate,
Atlanta Aircraft Certification Office (ACO). Operators shall submit
their requests through an appropriate FAA Principal Maintenance
Inspector, who may add comments and then send it to the Manager,
Atlanta ACO.
[[Page 14899]] Note 2: Information concerning the existence of
approved alternative methods of compliance with this AD, if any, may
be obtained from the Atlanta ACO.
(c) Special flight permits may be issued in accordance with
Secs. 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 inspections and repair shall be done in accordance with
Pemco Alert Service Letter 737-53-0004, including Appendices I and
II dated January 10, 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 Pemco
Aeroplex, Incorporated, P.O. Box 2287, Birmingham, Alabama 35201-
2287. Copies may be inspected at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the
FAA, Small Airplane Directorate, Atlanta Aircraft Certification
Office, Campus Building, 1701 Columbia Avenue, Suite 2-160, College
Park, Georgia; or at the Office of the Federal Register, 800 North
Capitol Street, NW., suite 700, Washington, DC.
(e) This amendment becomes effective on April 5, 1995.
Issued in Renton, Washington, on March 9, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 95-6319 Filed 3-20-95; 8:45 am]
BILLING CODE 4910-13-U
