97-18358. Airworthiness Directives; Boeing Model 727 Series Airplanes Modified in Accordance with Supplemental Type Certificate SA1444SO, SA1509SO, SA1543SO, SA1896SO, SA1740SO, or SA1667SO  

  • [Federal Register Volume 62, Number 135 (Tuesday, July 15, 1997)]
    [Proposed Rules]
    [Pages 37778-37788]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-18358]
    
    
    =======================================================================
    -----------------------------------------------------------------------
    
    DEPARTMENT OF TRANSPORTATION
    
    Federal Aviation Administration
    
    14 CFR Part 39
    
    [Docket No. 97-NM-81-AD]
    RIN 2120-AA64
    
    
    Airworthiness Directives; Boeing Model 727 Series Airplanes 
    Modified in Accordance with Supplemental Type Certificate SA1444SO, 
    SA1509SO, SA1543SO, SA1896SO, SA1740SO, or SA1667SO
    
    AGENCY: Federal Aviation Administration, DOT.
    
    ACTION: Notice of proposed rulemaking (NPRM).
    
    -----------------------------------------------------------------------
    
    SUMMARY: This document proposes the adoption of a new airworthiness 
    directive (AD) that is applicable to certain Boeing Model 727 series 
    airplanes that have been converted from a passenger to a cargo-carrying 
    (``freighter'') configuration. This proposal would require limiting the 
    payload on the main cargo deck by revising the Limitations Sections of 
    all Airplane Flight Manuals (AFM), AFM Supplements, and Airplane Weight 
    and Balance Supplements for these airplanes. This proposal also 
    provides for the submission of data and analysis that substantiates the 
    strength of the main cargo deck, or modification of the main cargo 
    deck, as optional terminating action for these payload restrictions. 
    This proposal is prompted by the FAA's determination that unreinforced 
    floor structure of the main cargo deck is not strong enough to enable 
    the airplane to safely carry the maximum payload that is currently 
    allowed in this area. The actions specified by the proposed AD are 
    intended to prevent failure of the floor structure, which could lead to 
    loss of the airplane.
    
    DATES: Comments must be received by August 22, 1997.
    
    ADDRESSES: Submit comments in triplicate to the Federal Aviation 
    Administration (FAA), Transport Airplane Directorate, ANM-103, 
    Attention: Rules Docket No. 97-NM-81-AD, 1601 Lind Avenue, SW., Renton, 
    Washington 98055-4056. Comments may be inspected at this location 
    between 9:00 a.m. and 3:00 p.m., Monday through Friday, except Federal 
    holidays.
    
    FOR FURTHER INFORMATION CONTACT: Steven C. Fox, Senior Aerospace 
    Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft 
    Certification Office, 1601 Lind Avenue, SW., Renton, Washington; 
    telephone (425) 227-2777; fax (425) 227-1181.
    
    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 shall 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 summarizing 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 Number 97-NM-81-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, Transport Airplane Directorate, ANM-103, Attention: Rules 
    Docket No. 97-NM-81-AD, 1601 Lind Avenue, SW., Renton, Washington 
    98055-4056.
    
    Discussion
    
        The FAA has issued supplemental type certificates (STC) for 
    converting certain Boeing Model 727 and 747 series airplanes from a 
    passenger to a cargo-carrying (``freighter'') configuration. These 
    freighter conversions entail such modifications as removal of the 
    passenger interior, the installation of systems to handle cargo 
    containers (such as pallets and other unit load
    
    [[Page 37779]]
    
    devices), the installation of a side cargo door for the main cargo 
    deck, and alterations to such systems as the hydraulic, electrical, and 
    smoke detection systems that are associated with the transport of 
    cargo. When a conversion is completed, the weight permitted to be 
    carried (``payload'') on the main cargo deck is significantly greater 
    than the payload allowed in that same area when the airplane was in its 
    original passenger configuration.
        On December 27, 1995, the FAA issued Airworthiness Directive (AD) 
    96-01-03, amendment 39-9479 (61 FR 116, January 3, 1996). The FAA took 
    this action after determining that Model 747 passenger airplanes 
    converted to freighters under certain STC's are not structurally 
    capable of safely carrying the payload allowed on the main cargo deck. 
    This condition is due to structural deficiencies in the floor beams of 
    this deck, as well as in the fuselage structure surrounding the side 
    cargo door for this area. That AD requires operators of those Model 747 
    freighters to reduce the maximum payload that can be carried on the 
    main cargo deck in order ``[t]o prevent collapse of the aft fuselage 
    due to inadequate strength in the airplane structure and subsequent 
    separation of the aft fuselage from the airplane.'' Model 747 
    freighters affected by AD 96-01-03 were converted under STC's held by 
    GATX/Airlog Company (``GATX'') when that AD was issued. GATX had 
    acquired the original STC's from Hayes International Corporation 
    (Hayes).
        During its investigation of the circumstances that led to the 
    issuance of AD 96-01-03, the FAA determined that similar unsafe 
    conditions were likely to be found on certain Model 727 series 
    airplanes that had been converted to freighters in a comparable manner. 
    The bases for these concerns were that similar procedures and design 
    methods had been used on both the 727 and 747 models, and that these 
    STC's could be traced back to the same companies.
    
    Actions Subsequent to AD 96-01-03
    
        In response to those concerns, the FAA's Transport Airplane 
    Directorate established a design review team of FAA engineers to 
    identify any safety problems pertaining to certain interior and side 
    cargo door STC's for Model 727 series airplanes, and to make 
    recommendations for correcting any unsafe conditions.
        The design review team has determined that there are more than 10 
    STC's for Model 727 freighters (``freighter STC's'' or ``Model 727 
    freighter STC's'') that need to be reviewed. These freighter STC's are 
    individually held by Aeronautical Engineers, Inc. (AEI), ATAZ, Inc. 
    (ATAZ), Federal Express Corporation (FedEx), and Pemco Aeroplex, Inc. 
    (Pemco). The STC's held by Pemco are SA1444SO, which pertains to the 
    cargo door and cargo compartment interior on Model 727-100 series 
    airplanes; SA1509SO, which pertains to the cargo door on Model 727-100 
    and -200 series airplanes; SA1543SO, which pertains to the cargo 
    compartment interior of Model 727-100 and -200 series airplanes; 
    SA1896SO, which pertains to the cargo door and cargo compartment 
    interior of Model 727-100 series airplanes; SA1740SO, which pertains to 
    the cargo/passenger compartment interior of Model 727-100 series 
    airplanes; and SA1667SO, which pertains to provisions for a ninth cargo 
    pallet on Model 727-100 series airplanes. Over 300 Model 727 series 
    airplanes of both U.S. and foreign registry have been modified in 
    accordance with these STC's, and more than 32 operators worldwide use 
    these freighters.
        In reviewing these freighter STC's, the design review team applied 
    the standards of Civil Air Regulations (CAR) part 4b, applicable to the 
    original Boeing Model 727 airplane. These federal standards establish 
    minimum safety requirements. A design which does not meet these 
    standards is presumed to be unsafe.
        Between September 1996 and February 1997, members of the design 
    review team made four visits to inspect Model 727 series airplanes that 
    were in the process of being converted or already had been converted 
    under these freighter STC's. Site visits were conducted at Pemco World 
    Air Services in Dothan, Alabama (Pemco STC's); the Tramco repair 
    station in Everett, Washington (FedEx STC's that had originally been 
    developed by Hayes); and Professional Modification Services (PMS), 
    Inc.'s, facility in Miami, Florida (AEI and ATAZ STC's).
        On all of the Model 727 series airplanes inspected during these 
    site visits, the design review team observed that the original 
    passenger floor beams, which now support the main cargo deck, had not 
    been structurally reinforced by the STC modification for the heavier 
    payloads these freighters are permitted to carry.
        These STC freighters typically are allowed to carry 8,000 pound 
    containers (weight of the cargo and container) on the main cargo deck. 
    Because these containers are 88 inches long, the running load (the 
    weight that can be placed on a longitudinal section of the main cargo 
    deck) is 90 pounds per inch (8,000 pounds divided by 88 inches). This 
    running load of 90 pounds per inch is a safety concern because it is 
    approximately 2.6 times higher than the maximum running load of 34.5 
    pounds per inch allowed on these same floor beams when the airplane was 
    in a passenger configuration.
    
    FAA Structural Analysis of the Floor Beams of the Main Cargo Deck
    
        The design review team examined the documents that the current or a 
    previous STC holder had submitted when seeking original FAA approval of 
    the STC application. The team was unable to find any data to verify 
    that the unreinforced floor structure of the main cargo deck can safely 
    support the heavier freighter payloads.
        To independently evaluate whether these floor beams are strong 
    enough to support the maximum payload permitted by the STC's, the 
    design review team performed a limited structural analysis of the 
    design of each main cargo deck viewed during its site visits.
        In analyzing the floor beams of the main cargo deck, the FAA 
    engineers used the payload configuration defined in the weight and 
    balance documents for each STC. (These STC freighters are operated in 
    accordance with FAA-approved Weight and Balance Supplements, which 
    specify the payload that can be carried onboard, as well as the maximum 
    payload and assigned location for individual containers on the main 
    cargo deck.) Most of the containers permitted in the Weight and Balance 
    Supplements for these STC's weigh up to 8,000 pounds each.
        In its analysis, the design review team considered the different 
    cargo handling system configurations observed on the STC freighters 
    during the site visits; these systems include roller trays and 
    container locks. The roller trays are attached to the floor of the main 
    cargo deck, and enable cargo to be rolled forward and aft. These trays 
    also support the weight of the cargo containers. The container locks, 
    which hold a container in place, are spaced along the floor of the main 
    cargo deck for all of these STC's but one; that STC also has side 
    vertical cargo container restraints (``side restraints''). The analysis 
    is based on the use of containers that are 88 inches by 125 inches, and 
    the location of the horizontal center of gravity for the total payload 
    in each container was within 8.8 inches from the geometric center of 
    the base of the container for the forward and aft direction and 12.5 
    inches from the geometric center of the base of the container for the 
    left and right direction.
    
    [[Page 37780]]
    
        The design review team used commonly accepted analytical methods in 
    its structural analyses. This methodology, or an equivalent, was 
    applicable when the STC application was originally submitted for 
    approval, and it is applicable today. None of the floor analyses 
    performed by the team involved the application of advanced technologies 
    such as finite element modeling. The results of these structural 
    analyses were consistent with data provided by Boeing, which had 
    originally built these airplanes as passenger transports, and with some 
    of the data provided by these STC holders.
        To evaluate the adequacy of the floor, the team determined that the 
    most likely ``critical case'' (the conditions or circumstances that 
    exert the greatest forces on the main cargo deck) would be the ``down 
    gust'' conditions specified in CAR part 4b. Down gusts are downward 
    vertical movements of air that occur in turbulence and storms. Down 
    gusts exert a downward force on the entire airplane. As this force 
    causes the airplane to accelerate downward, containers on the main 
    cargo deck--because of inertia--are pulled upward. This upward force on 
    the containers is transmitted through the container locks and into the 
    floor beams. On these STC freighters, this upward force could bend 
    these floor beams upward to failure, and the failure of even a single 
    beam could result in loss of the airplane.
        Even if the floor beams of the main cargo deck only become 
    deformed, the results could be catastrophic. Because flight control 
    system cables and fuel lines pass through small holes in these floor 
    beams, significant--although temporary--deformation of these beams 
    could jam the cables or break fuel lines. Consequently, this could 
    reduce controllability of the airplane, cause fuel starvation of one or 
    more engines, or lead to a fire in the fuselage.
        The FAA also has determined that performance of the flight 
    maneuvers defined in CAR part 4b would produce critical case forces on 
    these STC freighters, and consequent deformation or failure of floor 
    beams on the main cargo deck. These maneuvers would cause upward forces 
    on the cargo containers relative to the floor. Because of the location 
    of the container locks, the floor beams at the forward or aft edges of 
    the containers would be more critically loaded, and consequently 
    deflected upward.
    
    Determining Floor Strength (The ``Margin of Safety'')
    
        The measure of the ability of the floor beams of the main cargo 
    deck to support the stresses caused by various load cases (combinations 
    of specific container weights with either wind gust conditions or 
    airplane maneuvers) is its ``margin of safety.'' Because the floor must 
    be designed to withstand the critical case stresses, the design review 
    team calculated the margin of safety when the floor is subject to the 
    turbulent ``down gust'' wind conditions defined in CAR part 4b.
        The equation for determining the margin of safety is:
        [GRAPHIC] [TIFF OMITTED] TP15JY97.003
        
        In this equation, ``Allowable Stress'' is the measure of the 
    strength of a floor beam of the main cargo deck. ``Applied Stress'' is 
    the stress level produced in that floor beam multiplied by a ``factor 
    of safety'' of 1.5. The weight of the containers on the floor beam, 
    flight conditions (for example, wind gusts or airplane maneuvers), and 
    other forces, such as pressurization of the fuselage, all combine to 
    create the ``applied stress'' level in that floor beam. CAR 4b.200(a) 
    requires the inclusion of the 1.5 factor of safety in structural 
    designs. (This factor is discussed in the ``Elimination of the 1.5 
    Factor of Safety'' section of this preamble.)
        When the margin of safety is zero for all load cases, the structure 
    meets the minimum requirements of CAR part 4b. A structure with a 
    margin of safety greater than zero exceeds those standards. A structure 
    with a margin of safety of less than zero does not meet these minimum 
    requirements, and is presumed to be unsafe. If the margin of safety 
    reaches -1 (the extreme case), the structure is not strong enough to 
    withstand the stresses generated by any load case without failing.
        Using this equation, the design review team calculated margins of 
    safety for the STC floor designs as ranging from approximately -0.55 to 
    -0.63. Because of the large negative margins of safety that were 
    calculated for the down gust condition (the most likely critical case), 
    the FAA did not analyze other load cases.
        For the margins of safety to be positive for the ``down gust'' 
    condition, the FAA determined that these STC freighters must be limited 
    to less than 50% of the typical maximum payload of 8,000 pounds per 
    container currently allowed by the STC's. From its analyses, the design 
    review team determined that these main cargo decks are capable of 
    supporting a maximum payload of approximately 3,000 pounds per 
    container (a maximum running load of 34.5 pounds per inch) in all areas 
    of the main cargo deck, except in the area adjacent to the side cargo 
    door. In that side door area, containers would be restricted to a 
    maximum payload of approximately 2,700 pounds per container (a maximum 
    running load of 31.0 pounds per inch) due to structural configurations 
    affecting the strength of the floor beams in this area. These running 
    loads include payload in the lower lobe cargo compartments, and any 
    other load applied to the bottom of the floor beams of the main cargo 
    deck. [The Air Transport Association of America (ATA) recommended a 
    maximum payload of 6,000 pounds per container. This recommendation, 
    which is discussed in the ``ATA Recommendations for a Final Rule'' 
    section of this preamble, is substantially above the safe payload 
    limits calculated by the design review team, and would result in a 
    negative margin of safety.]
        Typically, freighters converted under these STC's are allowed to 
    carry 11 or 12 containers on the main cargo deck. Containers in most 
    areas of this deck have a maximum payload of up to 8,000 pounds per 
    container; over the wing and landing gear area, this maximum payload 
    per container can be up to 10,000 pounds. Although it would seem that 
    these STC freighters could carry up to a total of 100,000 pounds, the 
    maximum payload is actually limited by the strength of the fuselage as 
    well as the strength of the floor beams. Consequently, the current 
    maximum payloads on these airplanes range from 54,000 pounds (for a 
    Model 727-100 series airplane) to 62,000 pounds (for a Model 727-200 
    series airplane), depending on the configuration of the freighter. The 
    FAA's structural analysis shows that the maximum payload should be 
    limited to approximately 35,000 pounds. This maximum payload is 
    approximately 22% less than the average payload of 45,000 pounds that 
    has been reported by some operators of these Model 727 STC freighters.
        The FAA has determined that none of these main cargo decks are 
    strong enough for the current maximum payloads, and therefore are 
    unsafe. Furthermore, these decks do not comply with the requirements of 
    CAR part 4b.
    
    Operational Factors Affecting Payload Limitation
    
        The FAA's structural analysis was based on the ``worst case'' 
    conditions of the following operational factors: maximum operating 
    speed limit, airplane in-flight weight, container orientation, and side 
    restraints. The FAA realizes that if restrictions are placed on these 
    factors, higher payloads can be allowed. Although the absolute effects 
    of these restrictions would
    
    [[Page 37781]]
    
    require extensive analysis, the FAA has concluded that it is sufficient 
    to estimate the effects of these factors if they are only to be applied 
    for a limited amount of time. The FAA design review team determined 
    that these restrictions would not violate other load cases.
    
     Maximum Operational Speed and In-Flight Weight
    
        Some of these STC freighters are allowed to fly at a maximum 
    operational speed of 390 knots equivalent airspeed (KEAS). During 
    turbulence, the forces experienced by the airplane are, in part, a 
    function of the aircraft's speed, which consequently affects the forces 
    on the floor beams. By reducing the maximum operational speed to 350 
    knots indicated airspeed (KIAS), the forces on the floor beams during 
    turbulence are reduced.
        The forces experienced by the airplane during turbulence also are a 
    function of the weight of the aircraft. A heavy airplane has more 
    inertia, and therefore is less affected by severe gusts than a lighter 
    one. The FAA has estimated that a minimum operational in-flight weight 
    of 100,000 pounds will reduce the gust loads on these airplanes and, 
    therefore, reduce the floor beam loads. Some ways to ensure that the 
    in-flight weight does not fall below a prescribed limit are to have a 
    minimum cargo weight, a minimum quantity of ``tankered'' fuel, 
    sufficient ballast, or a combination of these items.
    
     Container Orientation
    
        Typically, these STC freighters carry National Aerospace Standard 
    (NAS) 3610 class II cargo containers, which have a fixed back wall; a 
    partially or fully removable front wall; and are 88 inches by 125 
    inches. Due to this method of construction, a large portion of the 
    forces that a container experiences in ``down gust'' wind conditions or 
    turbulence is carried by the container's back wall, which is its 
    strongest element. When cargo containers are oriented back-to-back, a 
    large portion of both container loads is carried by the same container 
    locks. This places higher loads on the floor beam supporting these 
    locks. By requiring the containers to be oriented with the door side of 
    the container facing forward, however, a more uniform distribution of 
    the loads is achieved.
    
     Side Restraints
    
        A better distribution of the container load is achieved by 
    installing side restraints. The FAA estimates that there can be an 
    increase in the maximum payload per container when FAA-approved side 
    restraints are installed.
        The FAA estimates that the combined effect of this speed 
    limitation, minimum in-flight weight, and container orientation would 
    result in a total weight of no more than 8,000 pounds for any two 
    adjacent containers that are each 88 inches by 125 inches. By 
    installing FAA-approved side restraints, this estimated total weight 
    for any two adjacent containers could be increased to 9,600 pounds. 
    Under no circumstances, however, can the total weight of any individual 
    container exceed 8,000 pounds.
    
    Elimination of the 1.5 Factor of Safety
    
        At the request of industry, the FAA considered the consequences of 
    elimination of the 1.5 factor of safety used in the ``Margin of 
    Safety'' equation discussed above. By eliminating the 1.5 factor of 
    safety, the FAA analysis determined that the proposed payload limits 
    per container would increase by 50%. CAR 4b.200(a) requires that an 
    airplane be designed with a certain amount of ``reserve structural 
    strength'' to minimize the potential for complete structural failure of 
    an airplane. This reserve is the ``1.5 factor of safety.'' Ordinarily, 
    an applicant seeking to reduce or eliminate this requirement must file 
    a request for an exemption. If the applicant uses an approach in its 
    design that is comparable to the 1.5 factor of safety, the applicant 
    can declare that this approach provides ``an equivalent level of 
    safety.'' The applicant, however, must substantiate this declaration to 
    the satisfaction of the FAA.
        The FAA has examined the consequences resulting from the 
    elimination of the 1.5 factor of safety, and has concluded that this 
    action would pose unacceptable hazards for these airplanes. The FAA's 
    intent in issuing this proposed AD is to prevent a combination of 
    circumstances that could result in catastrophic loss of a Model 727 
    freighter converted under these STC's. Elimination of the 1.5 factor of 
    safety in conjunction with the other measures discussed earlier to 
    increase the allowable payload would be contrary to this intent.
        CAR part 4b refers to the critical load cases--the down gust and 
    maneuver forces previously described in this preamble--as ``limit 
    loads.'' CAR 4b.200 requires that these limit loads be multiplied by 
    1.5 (the ``1.5 factor of safety''), thereby becoming ``ultimate loads'' 
    as defined in CAR part 4b. CAR 4b.201(c) further requires that the 
    structure be able to carry these ultimate loads (which provide a 
    reserve of structural strength) without failure. Although it is 
    anticipated that these STC freighters will not be routinely subjected 
    to limit load forces, it sometimes happens during emergencies and 
    unusual environmental conditions such as turbulence.
    
     Emergency Conditions
    
        In an emergency, the pilot may exceed critical case maneuver 
    forces, and fly the STC freighter beyond the airspeed and flight 
    maneuver limits for which the airplane is designed. The failure of an 
    engine, avoidance of a collision, or the opening of a cargo door during 
    flight are conditions that could necessitate these actions.
        Emergencies do occur. On February 5, 1997, a Model 727 passenger 
    airplane was flying to John F. Kennedy International Airport in New 
    York when an Air National Guard F-16 jet fighter approached close 
    enough to activate the Model 727's collision avoidance system alarm. 
    The pilot of the passenger airplane, following the system's emergency 
    guidance, maneuvered the Model 727 into a steep dive and then a steep 
    climb. Two flight attendants and a passenger were thrown down by these 
    maneuvers. Although the actual maneuver forces for this incident are 
    unknown, the 1.5 factor of safety may have provided structural strength 
    to maneuver the airplane beyond the forces in CAR part 4b.
        In 1991, a pilot performed a flight maneuver that imposed forces of 
    approximately 3g's (three times the force of gravity) on a Model 747 
    freighter that was carrying a partial payload. The applicable federal 
    regulations require Model 747 and 727 series airplanes to be designed 
    for maneuvers imposing forces of up to 2.5g's. Had this freighter been 
    carrying a full payload and the 1.5 factor of safety not been used in 
    its design, FAA analysis indicates that this freighter would have been 
    lost.
    
     Turbulence
    
        Airplanes may encounter severe turbulence that exerts wind gust 
    forces beyond the critical case forces of CAR part 4b. AD 96-01-03 
    describes an occasion in 1991 when wind gusts were so severe that an 
    engine separated from a Model 747-100 freighter shortly after take-off.
        More recently, severe wind gusts on September 5, 1996, caused 
    numerous passenger injuries and one fatality on a Model 747-400 series 
    airplane. The FAA received reports indicating that those gusts produced 
    downward accelerations of -1.15g's and upward accelerations of +2.09g's 
    on that airplane in less than four seconds. Had a Model 727 STC 
    freighter experienced
    
    [[Page 37782]]
    
    similar conditions while transporting close to the maximum payload, FAA 
    analysis indicates that the floor beams of the freighter's main cargo 
    deck would have collapsed.
        The FAA has received 87 reports of Model 727 series airplanes 
    experiencing severe turbulence; these reports typically do not include 
    events that have occurred in other countries. The majority of these 
    events were unforeseen and resulted in injuries to the flight crew or 
    passengers. Five of the reports document gusts causing airplane 
    accelerations of at least +1.88g's upward and -1.5g's downward.
    
     Hazardous Deformation of the Main Cargo Deck
    
        CAR 4b.201(a) requires any structure on the freighter, including 
    the floor beams, to be strong enough to withstand--without 
    ``detrimental permanent deformation''--the anticipated critical case 
    forces that could be exerted upon it during its service life. CAR 
    4b.201(b) requires that any structural deformations caused by these 
    critical case or limit loads not interfere with the safe operation of 
    the airplane. (The catastrophic consequences of deformation are 
    discussed earlier in this preamble.) Using the 1.5 factor of safety in 
    structural analysis takes deformation into account; without the 1.5 
    factor of safety, the STC holder would be required to provide an 
    analysis that demonstrates these floors would be free from detrimental 
    deformation. Because these STC's lack a deformation analysis, the FAA 
    would not consider a request for reducing the 1.5 factor of safety 
    requirement unless such an analysis was conducted.
    
     Other Considerations
    
        Another reason that reserve structural strength is necessary is 
    that aerodynamic and structural analysis theory is not precise: exact 
    conditions or circumstances are indeterminable; therefore 
    approximations must be made. In addition, the 1.5 factor of safety 
    takes into account such considerations as the variations in the 
    physical properties of materials, the range of fabrication tolerances, 
    and corrosion or damage. For example, all Model 727 series airplanes 
    must have enough structural reserve to cover the corrosion control 
    activities mandated by AD 90-25-03, amendment 39-6787 (55 FR 49258, 
    November 27, 1990). That AD, in order to control corrosion, permits up 
    to 10% of the material thickness of a floor beam of the main deck to be 
    removed by grinding without undertaking repair; the removal of this 
    material further reduces the strength of the floor.
        The majority of these modified airplanes are nearing, or past, 
    their design life of 20 years, 60,000 flights, or 50,000 hours of 
    operation. As the airplanes age and are repeatedly flown, they 
    accumulate fatigue damage and corrosion, which degrades the structural 
    capability. Airplanes that are near or past their design life are part 
    of the FAA's Aging Airplane Program and are subject to numerous AD's to 
    correct unsafe conditions resulting from fatigue cracking and 
    corrosion.
        During the time period allowed by the AD's to implement the 
    corrective action, it is probable that many of these aging airplanes 
    will continue to have fatigue cracks and corrosion. Because these 
    airplanes have been built with a safety factor of 1.5, there is a 
    sufficient structural strength margin to allow some finite time to 
    implement the AD's to correct the unsafe conditions. Without this 
    factor of safety, a new maintenance program would have to be developed 
    for these airplanes to ensure that all of the Aging Airplane Program 
    fatigue cracks and corrosion problems are continuously identified and 
    immediately eliminated.
    
    Service History of the Model 727 STC Freighters
    
        Although the modification of these airplanes commenced in 1983, the 
    average modification date for these STC freighters is 1991. In fact, 
    approximately 100 of these airplanes (one-third of the STC freighter 
    fleet) have been modified in just the last three years.
        Most of these STC freighters fly only two flights each day, 
    resulting in a low number of accumulated flights since conversion. A 
    representative of the largest operator of these airplanes indicates 
    that, on average, the airplanes carry only slightly more than half of 
    the current maximum payload of 8,000 pounds per container. These 
    circumstances may explain why the FAA has not received reports of 
    adverse events relating to the structural strength of these floor 
    beams.
        These floor beams, if overstressed, are not likely to give warning 
    prior to total failure. The existing floor beams on these STC 
    freighters are commonly made from 7075-T6511 aluminum alloy, and there 
    is only a 10% difference between the stress level at which the floor 
    beam permanently bends, and the stress level at which the beam breaks. 
    Consequently, once the floor beams are stressed to the point of being 
    permanently bent, it takes only a small amount of additional stress 
    until the floor beams break, which could result in loss of the 
    airplane.
        The FAA has concluded that the reported service history of these 
    STC freighters does not demonstrate that these airplanes are safe.
    
    Issuance of an AD is Appropriate Regulatory Action
    
        Because of the unsafe condition found on these STC freighters (the 
    inadequate strength of the floor structure of the main cargo deck to 
    carry the current maximum payloads), the FAA has determined that there 
    are two ways in which it could proceed: Issuance of an AD to correct 
    the unsafe condition of the floor, or suspension or revocation of these 
    STC's.
        The Administrator of the FAA has the authority to issue an AD when 
    ``an unsafe condition exists in a product'' [14 CFR 39.1(a)], and 
    ``[t]hat condition is likely to exist or develop in other products of 
    the same type design'' [14 CFR 39.1(b)]. When such a finding is made, 
    the Administrator may, as appropriate, prescribe ``inspections and the 
    conditions and limitations, if any, under which those products may 
    continue to be operated'' (14 CFR 39.11). By using the AD process, the 
    FAA can still allow these STC freighters to operate, although under 
    restrictions which are necessary to eliminate the unsafe condition.
        Because the floor structures did not meet CAR part 4b certification 
    standards at the time these STC's were originally issued, the 
    Administrator of the FAA is empowered to suspend or revoke these STC's 
    [49 U.S.C. 44709(b)]. If the Administrator were to take such action 
    against these STC's, the order could result in the immediate grounding 
    of these STC freighters.
        In consideration of the disruption of domestic and international 
    commerce that would result from the suspension or revocation of these 
    STC's, as well as the significant impacts on the domestic and 
    international economy that such an action would have, the FAA has 
    concluded that the issuance of an AD with restrictions on the maximum 
    payloads on the main cargo deck is appropriate action. These payload 
    restrictions will enable these freighters to continue operating, and 
    remove the unsafe condition that currently exists in the floor beams of 
    the main cargo deck.
    
    FAA Meetings With STC Holders and Operators
    
        The FAA has met individually with each of the affected STC holders 
    to discuss the FAA design review team's observations, analyses, and 
    findings. In a letter sent prior to these meetings, the
    
    [[Page 37783]]
    
    FAA provided its preliminary conclusions to each STC holder. In 
    addition, the agency asked the STC holder to submit data showing that 
    unsafe conditions do not exist, and that the STC designs do meet 
    applicable federal aviation regulations. If the FAA's findings and 
    analyses could not be controverted, the STC holder was asked to specify 
    what actions it would take to bring its designs into compliance. STC 
    holders also were asked to propose actions that would enable these 
    airplanes to operate safely while data or modifications were being 
    developed.
        At its meeting with the FAA, Pemco did not present any information 
    to contradict the FAA's analyses, or submit proposals to keep these 
    planes operating safely. The FAA's meetings with the other 3 STC 
    holders produced similar results.
        The FAA also has met jointly with the STC holders and the operators 
    of the Model 727 freighters modified under these STC's. On February 14, 
    1997, the FAA convened this meeting, which was attended by more than 75 
    industry representatives, to discuss what the design review team had 
    observed during its site visits and determined from its analyses of STC 
    data. During this meeting the operators presented no technical data, 
    but provided the FAA with information about the potential impacts on 
    their businesses if the agency were to reduce the current maximum 
    payload.
    
    Industry Proposal for the Timing of an NPRM and FAA Response
    
        During the February 14 meeting, representatives of the affected 
    operators and STC holders in attendance presented a proposal to the 
    FAA. Generally, industry proposed that the FAA delay issuing an NPRM 
    and imposing payload restrictions; in turn, industry, within 120 days 
    from the end of February 1997, would test floor beams, perform 
    analyses, redesign the floor structure, if necessary, and submit data 
    to the FAA substantiating compliance with CAR part 4b. At the meeting, 
    the FAA responded that its priority is the safety of these airplanes, 
    and the burden is now on industry to establish the ability of these STC 
    freighters to carry more than the 3,000 pounds per container being 
    considered by the FAA.
    
    ATA Recommendations for a Final Rule
    
        ATA followed up on the proposal at the February 14 meeting with a 
    March 10, 1997, letter that contained recommendations in order ``to get 
    the necessary design changes quickly incorporated while permitting the 
    airlines to continue operating their aircraft.'' ATA proposed that a 
    3,000 pound per pallet weight limit be gradually phased-in as follows:
        1. There would be at least 120 days after the effective date of the 
    AD before any payload restrictions would be implemented. According to 
    ATA, this period would enable STC holders or others to redesign the 
    freighter floors and provide enough time for operators to procure parts 
    to modify the floors.
        2. Initially, payload restrictions would be reduced from 8,000 
    pounds per pallet to 6,000 pounds per pallet. These restrictions would 
    be in effect for at least one year or the next ``C'' check, whichever 
    occurs later, and operators would not be required to modify the floor 
    beams during this time.
        3. Ultimately, the floor beams of the main cargo deck would not 
    have to be modified until at least 16 months after the effective date 
    of the AD. At that time, the payload per pallet would be reduced to 
    3,000 pounds if an operator opted not to accomplish that modification.
        4. Airplanes would not be subject to any of these restrictions if 
    operators can substantiate to the FAA that the floor beams are strong 
    enough to support the existing payload per pallet.
        The FAA considered ATA's recommendations in developing this 
    proposed action. The FAA determined that allowing these airplanes to 
    continue to operate without restrictions for 120 days after the 
    effective date of this AD, and allowing 16 months for modification of 
    the floor structure of the main cargo deck would not address the unsafe 
    condition in a timely manner. The FAA's analysis also determined that 
    ATA's recommended payload limit of 6,000 pounds per container at all 
    locations would result in negative margins of safety. The interim 
    weight restrictions proposed by the FAA allow the carriage of a limited 
    number of individual containers at or above the 6,000 pound per 
    container payload suggested by ATA. In addition, the 120-day period of 
    operation at the interim payloads proposed by the FAA (discussed below) 
    does, in part, meet ATA's suggested time for allowing redesign of these 
    STC freighter floors.
    
    FAA Findings
    
        Based on the observations and analyses of its design review team, 
    and information presented by affected STC holders and the operators of 
    Model 727 series airplanes converted to freighters under these STC's, 
    the FAA has found that:
        1. None of the floor beams of the main cargo deck on any of these 
    STC's have been modified from the original passenger configuration to 
    support the heavier payloads carried on a freighter.
        2. Based on the FAA's analyses, the floor structures of these STC 
    freighters are not capable of withstanding the forces that would result 
    from the current maximum payload when CAR part 4b conditions are 
    encountered.
        3. When the maximum payload of a container is limited to 8,000 
    pounds or 6,000 pounds (for all container positions) as proposed by 
    ATA, the margins of safety for the floor beams of the main cargo deck 
    are calculated as negative numbers and the structural strength of these 
    beams is not sufficient to meet the requirements of CAR part 4b. When 
    the maximum payload of a container is limited to approximately 3,000 
    pounds, the margin of safety is calculated as a positive number and 
    these floor beams meet the structural strength requirements of CAR part 
    4b.
        4. The FAA estimates the combined effect of imposing operational 
    restrictions on airplane weight, maximum operating speed, and 
    orientation of containers reduces the forces exerted on the airplane in 
    ``down gust'' conditions, and will permit the maximum payload of a 
    container to be increased on an interim basis. The installation of side 
    restraints can permit a further temporary increase in payload.
        5. Typically, these STC freighters are modified by other STC's that 
    change the maximum taxi, take-off, zero fuel, and landing weights of 
    these airplanes. These weight changes permit the airplanes to carry 
    more payload on the main cargo deck.
        No compatibility study has been performed showing that these weight 
    changes are safe considering the existing freighter STC modifications 
    and payload limits. In addition, no compatibility study has been done 
    for the addition of auxiliary fuel tanks, engine changes, and other 
    types of modifications that alter the basic loads on these airplanes.
        6. When these STC modifications were accomplished, each airplane 
    was modified differently, due to different installer shop practices and 
    the configuration of each airplane prior to modification. Subsequent 
    modifications under other STC's that alter the structure were not shown 
    to be compatible with the freighter modifications. The resulting 
    airplane configuration can be significantly different between 
    individual airplanes. Any modifications that are undertaken to bring 
    these airplanes into compliance with CAR part 4b must be shown to be
    
    [[Page 37784]]
    
    compatible with the specific airplanes being modified.
        7. The elimination of the 1.5 factor would not eliminate the unsafe 
    condition that occurs when these airplanes are carrying containers 
    weighing more than the payloads specified in this proposed AD.
    
    FAA Conclusions
    
        From these findings, the FAA has concluded that:
        1. The lack of strength in the floor structure of the main cargo 
    deck must be corrected by reducing the payload carried on the main 
    cargo deck. This reduced payload includes the payload in the lower lobe 
    cargo compartments.
        2. Maximum payloads of approximately 2,700 pounds per container in 
    the areas near the forward side cargo door and approximately 3,000 
    pounds per container in all other areas of the main cargo deck provide 
    an acceptable level of safety. It is estimated that operational 
    restrictions on airplane weight, maximum operating speed, and 
    orientation of containers, as well as the installation of FAA-approved 
    side restraints, would allow safe operation with higher payloads during 
    an interim period.
        3. Because these STC freighters are modified by other STC's that 
    change the maximum taxi, take-off, zero fuel, and landing weights of 
    these airplanes, and permit more payload on the main cargo deck, all of 
    the airplanes' Airplane Flight Manuals (AFM's), AFM Supplements, and 
    Weight and Balance Supplements would have to be revised to show the 
    payload restrictions.
    
    Additional AD Actions
    
        The FAA design review team's scope of review of these STC's was not 
    limited to concerns about the strength of the floor structure that 
    support the main cargo deck. The team also made inspections and 
    gathered information about other areas where additional unsafe 
    conditions may exist. Following this proposed rulemaking, additional 
    rulemaking will be initiated to address these concerns. These concerns 
    include the following structural, door systems, and STC certification 
    and documentation issues:
    
     Structural Deficiencies
    
    Lack of ``Fail-Safe'' Hinges on the Cargo Door
        The design review team saw single or double-piece hinge fittings on 
    the side cargo doors of these STC freighters. Should a crack propagate 
    along the hinge line where the hinge attaches either to the upper sill 
    of the fuselage or to the door itself, the cargo door could separate 
    from the airplane, and result in loss of the airplane.
    Apparent Lack of Strength of the Structure Surrounding the Side Cargo 
    Door
        To install a side cargo door for the main deck, an opening of 
    approximately 7.5 feet by 11 feet (82.5 square feet) must be cut into 
    the side of the fuselage. This opening requires that the cutout area 
    and adjacent structural areas be substantially reinforced. If the 
    fuselage structure that surrounds this cargo door is not strong enough 
    to withstand the forces that may be exerted during flight, it could 
    result in loss of the airplane.
        The design review team observed that reinforcing structures used in 
    this area, such as longerons, frames, doublers and triplers, are 
    discontinuous and appear to lack adequate load paths and strength. 
    These discrepancies could result in a fuselage structure that does not 
    meet the strength and deformation requirements of CAR 4b.201, proof of 
    structure standards of CAR 4b.202, or fail safety requirements of CAR 
    4b.270(b).
        In its examination of the data supporting these STC's, the design 
    review team determined that the STC applicants used inadequate methods 
    and/or incomplete analyses to substantiate that their modifications 
    provide adequate strength in this area. The STC applicants typically 
    did not substantiate the strength of numerous structural features, such 
    as splices and runouts. The STC holders also used analytical approaches 
    that failed to consider such impacts as redistribution of the forces in 
    the fuselage, and localized stress effects such as ``buckling.''
    Inadequate Cargo Restraint Barriers
        CAR 4b.260 requires that the restraint barrier in the cargo 
    compartment of the main deck be strong enough to protect the occupants 
    from injury when the freighter is carrying its maximum payload and 
    emergency landing conditions occur (the ``9.0g standard'').
        Based on the observations and analyses of the design review team, 
    the FAA has determined that the bulkhead restraint barriers on all of 
    the observed STC freighters do not meet the 9.0g standard; three of the 
    four STC holders have confirmed the FAA's finding.
    
     Deficiencies in Systems for the Side Cargo Door
    
        Because of cargo door-related accidents, industry and the FAA, 
    during the early 1990s, conducted an extensive design review of cargo 
    doors and agreed on new standards to eliminate safety deficiencies in 
    certain cargo door systems. The FAA agreed to issue AD's requiring 
    compliance with these standards, which are based on Amendment 54 to 14 
    CFR 25.783, for those freighters that did not comply. These standards 
    are not intended to upgrade the requirements of CAR part 4b after 
    certification, but are to correct potentially unsafe conditions on 
    airplanes already in service that were identified during the design 
    review.
    Inadequate Warning System for an ``Unsafe'' Door
        Freighters must have a warning system that directly alerts the 
    pilot and co-pilot that the side cargo door is ``unsafe'' (open, 
    unlatched, or unlocked). A ``safe'' cargo door is one that is verified 
    to be closed, latched, and locked prior to taxiing for take-off.
        The design review team observed STC freighters that do not have a 
    red cargo door warning light in plain view of both pilots. In the event 
    that the cargo door is unsafe, pilots on those planes would not be 
    directly warned; this situation could lead to pilot inaction or 
    dispatch of the airplane, and consequent opening of this door during 
    flight.
    Improper Pressurization of the Fuselage When the Cargo Door is 
    ``Unsafe''
        The opening of a door during flight has caused several serious 
    accidents. Some of those accidents have resulted in loss of life; 
    others have resulted in loss of the airplane. Consequently, industry 
    and the FAA adopted standards to prevent pressurization of the fuselage 
    when the cargo door is unsafe. Typically, compliance with these 
    standards involves installation of vent doors that close only when the 
    cargo door is safe.
        In its examination of the associated cargo door related systems on 
    these STC freighters, the design review team detected that the fuselage 
    of some of these airplanes could be pressurized when the cargo door 
    vent door is not closed. The team also found that some STC's did not 
    have the required safety analysis that would verify the adequacy of the 
    design's pressurization prevention system when the cargo door is 
    unsafe.
    Electrical/hydraulic System Deficiencies That Could Cause an ``Unsafe'' 
    Cargo Door
        Electrical short circuits could transmit power to the electrical or 
    hydraulic systems that operate the side cargo door, lead to opening of 
    this door during flight, and could result in the loss of the airplane. 
    To prevent this, all power to this door must be removed during flight,
    
    [[Page 37785]]
    
    and the flight crew must not be able to restore this power at any time 
    during flight.
        CAR 4b.606 (which has been further refined by the cargo door 
    standards agreed upon by industry and the FAA) requires STC holders to 
    show that the design of the electrical system is adequate to prevent 
    the side cargo door from opening during flight. These STC holders did 
    not accomplish this analysis.
    Inability to Visually Verify the Status of the Side Cargo Door
        When the system that warns the pilot and co-pilot about an 
    ``unsafe'' cargo door is not working correctly, the red warning light 
    either will fail to light up during pre-flight testing of the system, 
    or will light up when the side cargo door is actually ``safe.'' These 
    STC's have a backup system that allows the flight crew to confirm that 
    the door is actually safe.
        The cargo door standards to which industry and the FAA agreed 
    require ``a visual means of directly inspecting the locks.'' The design 
    review team observed that these backup systems enable the flight crew 
    to view only a portion of the locking beam. Because a visual means of 
    directly inspecting the locking mechanism of the door is not available, 
    these STC's do not comply with these standards. When the entire locking 
    mechanism cannot be visually inspected, a false report on the condition 
    of the door may be given to the crew, and the airplane may be 
    dispatched with an unsafe door.
    Cargo Compartment Smoke Detection and Warning Systems
        CAR 4b.383(e)(2) requires that there be a means for the flight crew 
    to check and assure the proper functioning of each smoke detector 
    circuit. The FAA design review team and STC freighter operators have 
    observed that some STC's contain electrical wiring designs that test 
    only a portion of the smoke detection system--not the entire system as 
    required--when a single button is pressed (the ``press to test'' 
    feature). If the flight crew is not alerted that some smoke detectors 
    are not functioning, the crew may not be able to respond to a cargo 
    compartment fire in a timely manner.
    
     The Carriage of Supernumeraries
    
        Supernumeraries are non-flight crew personnel who are carried on 
    board the airplane. For example, a supernumerary could be an airline 
    employee who is not part of the flight crew, but is specially trained 
    to handle cargo.
        These STC freighters have a cargo compartment that is used only for 
    the carriage of cargo. Before supernumeraries can be carried, the STC 
    holder or operator must apply to the FAA for an exemption from CAR 
    4b.383(e), and from other federal regulations that pertain to seats, 
    berths, and safety belts; emergency evacuation; ventilation; and fire 
    protection. Such exemptions are granted only when the FAA determines 
    that the design contains features that provide an acceptable level of 
    safety for the supernumeraries.
        The FAA has become aware of numerous instances where STC holders 
    have made provisions for the carriage of supernumeraries without 
    applying for FAA exemptions and without demonstrating that the safety 
    provisions for supernumeraries are acceptable.
    
     STC Data and Documentation Concerns
    
        When the FAA design review team evaluated data that STC applicants 
    originally submitted to obtain FAA approval of these freighter STC's, 
    the team found a number of deficiencies. Examples include data that is 
    not adequately substantiated; payload limits in Weight and Balance 
    documents that are inconsistent with the structural capability of the 
    fuselage; structural analyses that lack the critical case; no analysis 
    of the floor beams over the wing center section; and documented 
    negative margins of safety that are unresolved.
    
     Unsubmitted Instructions for Continued Airworthiness
    
        Federal regulations require an STC holder to submit ``Instructions 
    for Continued Airworthiness'' to the FAA for review. These instructions 
    include maintenance procedures, maintenance manuals, and maintenance 
    program requirements for the continued safety of the airplane converted 
    under the STC. Only one of the four STC holders has complied with this 
    requirement.
    
    Future FAA Review of Other Transport Airplane Cargo Conversions
    
        The FAA's review of STC's and the safety of airplanes converted 
    from a passenger to a cargo-carrying configuration will not be limited 
    to just Model 727 and 747 series airplanes. Based on the discovery of 
    unsafe conditions on both of these airplane models, the FAA intends to 
    examine all transport category passenger airplanes that have been 
    converted to a cargo-carrying configuration under STC's.
        The FAA urges STC holders and operators of these freighters to 
    begin, as soon as possible, an examination of the data supporting the 
    STC's. If problems such as those identified in the Model 727 and 747 
    conversions are detected, corrective actions should be developed. Self-
    examination of these conversions prior to formal FAA review may shorten 
    the time needed for any corrective actions, and reduce the impacts on 
    operators of these freighters.
    
    Explanation of Requirements of Proposed Rule
    
        Since an unsafe condition has been identified that is likely to 
    exist or develop on other products of this same type design, the 
    proposed AD would restrict the payload on the main cargo deck of Model 
    727 series airplanes modified in accordance with STC SA 1444SO, 
    SA1509SO, SA1543SO, SA1896SO, SA1740SO, or SA1667SO. This proposal 
    would be accomplished by revisions to the Limitations Section of all 
    FAA-approved AFM's, AFM Supplements, and Weight and Balance 
    Supplements. Revision of all these documents would be required because 
    these STC freighters have been modified by other STC's that change the 
    maximum taxi, take-off, zero fuel and landing weights of these 
    airplanes.
        The payload limits that are proposed are based on the use of 
    containers that are 88 inches by 125 inches, and a horizontal center of 
    gravity for the total payload in each container that is located within 
    8.8 inches from the geometric center of the base of the container for 
    the forward and aft direction and 12.5 inches from the geometric center 
    of the base of the container for the left and right direction. The 
    payload limits are also based on a requirement that all containers are 
    loaded with the door side of the container facing forward.
        The proposal presents three options for payload limitations: one 
    ``baseline'' [paragraph (a)] and two ``interim'' [paragraphs (b) and 
    (c)], depending upon the floor configuration and other operating 
    limitations.
        Paragraph (a) would establish a payload limit of 3,000 pounds per 
    container.
        For airplanes equipped with FAA-approved side restraints, paragraph 
    (b) would provide for temporary payload limits in some areas of 9,600 
    pounds for any two adjacent containers, with a limit of 8,000 pounds 
    for any one container. These limits would be available when the 
    following two conditions are met: the maximum operational airspeed does 
    not exceed 350 KIAS and the minimum in-flight weight exceeds 100,000 
    pounds.
        For airplanes that are not equipped with FAA-approved side 
    restraints,
    
    [[Page 37786]]
    
    paragraph (c) would provide for a temporary payload limit in some areas 
    of 8,000 pounds for any two adjacent containers. This limit also would 
    be available when the following two conditions are met: the maximum 
    operational airspeed does not exceed 350 KIAS and the minimum in-flight 
    weight exceeds 100,000 pounds.
        Because the determination of the effects of operational limitations 
    on payload is based on approximations, the resulting payload limits may 
    be unconservative. Consequently, operation with these payload limits is 
    only acceptable for a limited period of time. Continued use of these 
    operational limits and the associated payload limits must be 
    substantiated. The FAA has determined that an acceptable level of 
    safety is provided if the time period is limited to no more than 120 
    days, which would also allow sufficient time for an applicant to 
    develop an acceptable analysis regarding the applicability of the 
    operational limitations.
        At the February 14 meeting discussed above, the industry 
    participants proposed to complete a redesign of the floor structure 
    within 120 days from the end of February (by the end of June). The FAA 
    bases the proposed 120-day interim period in paragraphs (b) and (c) on 
    the following assumptions:
        1. Industry will fulfill this proposal;
        2. The final rule will not become effective before October 1, 1997, 
    and thus allow additional time for the industry to modify the main 
    cargo deck floor structure; and
        3. Operators and STC holders will work diligently in the meantime 
    to avoid any disruptions to operations.
        In light of the seriousness of the unsafe conditions addressed by 
    this proposal, the FAA considers that the 120-day interim period:
        1. Provides an acceptable level of safety;
        2. Minimizes exposure to any potential unconservatism in the 
    determination of the payload limits;
        3. Provides an adequate opportunity for applicants to develop 
    substantiation for continued use of operational limits to enhance 
    payload limits; and
        4. Minimizes, for the interim period, the burdens on operators 
    resulting from this AD.
        Should an operator desire to transport containers of other 
    dimensions or use a different payload container center of gravity, it 
    would have to apply to the FAA for appropriate payload limits.
        At any time, an applicant would be able to present a proposal to 
    modify the floor structure or proposed weight and other limits, data, 
    and analysis to the FAA to substantiate that floor structure of the 
    main cargo deck (existing or modified) is in compliance with the 
    requirements of CAR part 4b when supporting the proposed weight limits. 
    When the FAA determines that these documents are acceptable, the 
    operator would be able to operate its airplane at the payload limits 
    substantiated by its data and analysis.
    
    Regulatory Evaluation Summary
    
        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.
        The FAA conducted a ``Cost Analysis and Initial Regulatory 
    Flexibility Determination and Analysis'' to determine the regulatory 
    impacts of this and three other proposed AD's to operators of all 244 
    U.S.-registered Boeing Model 727-100 and -200 series passenger 
    airplanes that have been converted to cargo-carrying configurations 
    under 10 STC's held by four companies. This analysis is included in the 
    docket for each AD. The FAA has determined that approximately 6 Model 
    727-100 and 45 Model 727-200 series airplanes operated by 10 carriers 
    were converted under Pemco STC's. (There were 15 Model 727 series 
    airplanes for which the FAA could not identify the STC holder. It is 
    possible that these airplanes were also converted under a Pemco STC. 
    Their costs are not included here.)
        Assuming that operators of affected airplanes converted under Pemco 
    STC's would comply with the restricted interim operating conditions set 
    forth in the proposed rule, the FAA estimates in the analysis that each 
    Model 727-100 series airplane modified under the Pemco STC's would lose 
    approximately $32,504 in revenues during the 120-day interim period 
    after the effective date of the proposed AD. Further, the FAA estimates 
    that none of the modified Model 727-200 series airplanes would lose 
    revenues during the interim period.
        Based on the ``Cost Analysis and Initial Regulatory Flexibility 
    Determination and Analysis'' included in the docket, the FAA estimates 
    that affected airplanes could be modified at a cost of $100,000 per 
    airplane. The total cost, therefore, to modify the fleet of affected 
    Model 727 series airplanes that were originally modified to Pemco STC's 
    is $5.3 million. This assumes that modifications to the airplane are 
    available and installed within the 120-day time period. If there are 
    any delays in the availability or implementation of modifications, the 
    revenue loss due to operation at the 3,000-pound payload limit would 
    substantially increase the costs. The FAA solicits detailed cost 
    information from the affected carrier concerning the proposed AD's 
    compliance costs.
        The Regulatory Flexibility Act of 1980 (RFA) was enacted by 
    Congress to ensure that small entities are not unnecessarily or 
    disproportionately burdened by government regulations. The RFA requires 
    a Regulatory Flexibility Analysis if a proposed rule would have a 
    significant economic impact, either detrimental or beneficial, on a 
    substantial number of small entities. The Regulatory Flexibility 
    Analysis includes the consideration of alternative actions.
        FAA Order 2100.14A, Regulatory Flexibility Criteria and Guidance, 
    establishes threshold cost values and small entity size standards for 
    complying with RFA review requirements in FAA rulemaking actions. The 
    Order defines ``small entities'' in terms of size thresholds, 
    ``significant economic impact'' in terms of annualized cost thresholds, 
    and ``substantial number'' as a number which is not less than eleven 
    and which is more than one-third of the small entities subject to the 
    proposed or final rule.
        FAA Order 2100.14A sets the size threshold for small entities 
    operating aircraft for hire at 9 aircraft and the annualized cost 
    threshold at $69,000 for scheduled operations of airplanes with fewer 
    than 60 seats and $5,000 for nonscheduled operations.
        Four of the 10 affected carriers operating 13 affected airplanes 
    are considered small entities (i.e., each operates fewer than 9 
    affected airplanes). The cost of the proposed AD greatly exceeds the 
    threshold values defined in the FAA Order. The proposed AD does not 
    affect a substantial number of small entities, however, because it is a 
    number less than eleven. Therefore, this AD does not have a significant 
    economic impact on a substantial number of small entities and a 
    regulatory flexibility analysis is not required.
        For the reasons discussed above, I certify that this proposed 
    regulation (1) is not a ``significant regulatory action'' under 
    Executive Order 12866; (2) is not a ``significant rule'' under the DOT 
    Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 
    and (3) if promulgated, will not have a significant
    
    [[Page 37787]]
    
    economic impact, positive or negative, on a substantial number of small 
    entities under the criteria of the Regulatory Flexibility Act. A copy 
    of the ``Cost Analysis and Initial Regulatory Flexibility Determination 
    and Analysis'' prepared for this action is contained 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, Airplanes, 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 U.S.C. 106(g), 40113, 44701.
    
    
    Sec. 39.13  [Amended]
    
        2. Section 39.13 is amended by adding the following new 
    airworthiness directive:
    
    Boeing: Docket 97-NM-81-AD.
    
        Applicability: Model 727 series airplanes; modified in 
    accordance with Supplemental Type Certificate SA1444SO, SA1509SO, 
    SA1543SO, SA1896SO, A1740SO, or SA1667SO; certificated in any 
    category.
    
        Note 1: This AD applies to each airplane identified in the 
    preceding applicability provision, regardless of whether it has been 
    otherwise 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 (g) 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 as indicated, unless accomplished 
    previously.
        To prevent structural failure of the floor beams of the main 
    cargo deck, which could lead to loss of the airplane, accomplish the 
    following:
        (a) Except as provided in paragraphs (b), (c), and (d) of this 
    AD, within 48 clock hours (not flight hours) after the effective 
    date of this AD, accomplish the requirements of paragraph (a)(1) or 
    (a)(2) of this AD, as applicable:
        (1) For airplanes on which only containers that are 88 inches by 
    125 inches are transported: Revise the Limitations Section of all 
    FAA-approved Airplane Flight Manuals (AFM) and AFM Supplements, and 
    the Limitations Section of all FAA-approved Airplane Weight and 
    Balance Supplements to include the following information. This may 
    be accomplished by inserting a copy of this AD in all AFM's, AFM 
    Supplements, and Weight and Balance Supplements.
    
    ``Limitations
    
        All containers must be oriented with the door side of the 
    container facing forward.
        The location of the horizontal center of gravity for the total 
    payload within each container shall not vary more than 8.8 inches 
    from the geometric center of the base of the container for the 
    forward and aft direction and 12.5 inches from the geometric center 
    of the base of the container for the left or right direction.
    
    Payload Limitations
    
        Do not exceed a total weight of 3,000 pounds per container on 
    the main cargo deck, except in the area adjacent to the side cargo 
    door. In that side door area (Body Station 440 to Body Station 660), 
    containers are restricted to a maximum payload of 2,700 pounds per 
    container. This payload limit includes the payload in the lower lobe 
    cargo compartments and any other load applied to the bottom of the 
    floor beams of the main cargo deck for the same body station 
    location as the container on the main cargo deck.''
        (2) For airplanes on which any containers other than 88 inches 
    by 125 inches are transported: Revise the Limitations Section of all 
    FAA-approved AFM's and AFM Supplements, and the Limitations Section 
    of all FAA-approved Airplane Weight and Balance Supplements in 
    accordance with a method approved by the Manager, Standardization 
    Branch, ANM-113, FAA Transport Airplane Directorate.
    
        Note 2: The weight restrictions to be approved under paragraph 
    (a)(2) will be consistent with the applicable weight restrictions of 
    paragraph (a)(1), (b), or (c) of this AD.
    
        (b) During the period ending 120 days after the effective date 
    of this AD: For airplanes on which only containers that are 88 
    inches by 125 inches are transported, and that are equipped with 
    side vertical cargo container restraints that have been approved by 
    the Manager, Standardization Branch, ANM-113, as an optional 
    alternative to compliance with paragraph (a)(1) of this AD, revise 
    the Limitations Section of all FAA-approved AFM's and AFM 
    Supplements, and the Limitations Section of all FAA-approved 
    Airplane Weight and Balance Supplements to include the following 
    limitations. This may be accomplished by inserting a copy of this AD 
    in all AFM's, AFM Supplements, and Weight and Balance Supplements.
    
    ``Limitations
    
        Maximum Operating Airspeed of Vmo equals 350 knots 
    indicated airspeed (KIAS).
        Minimum in-flight weight: 100,000 pounds or greater. All 
    containers must be oriented with the door side of the container 
    facing forward.
        The location of the horizontal center of gravity for the total 
    payload within each container shall not vary more than 8.8 inches 
    from the geometric center of the base of the container for the 
    forward and aft direction and 12.5 inches from the geometric center 
    of the base of the container for the left or right direction.
    
    Payload Limitations
    
        Do not exceed a total weight of 9,600 pounds for any two 
    adjacent containers and a total weight of 8,000 pounds for any 
    container, except that the total weight of all containers forward of 
    Body Station 436 shall not exceed 4,000 pounds. This payload limit 
    includes the payload in the lower lobe cargo compartments and any 
    other load applied to the bottom of the floor beams of the main 
    cargo deck for the same body station location as the container on 
    the main cargo deck.''
        (c) During the period ending 120 days after the effective date 
    of this AD: For airplanes on which only containers that are 88 
    inches by 125 inches are transported, and that are NOT equipped with 
    side vertical cargo container restraints that have been approved by 
    the Manager, Standardization Branch, ANM-113, as an optional 
    alternative to compliance with paragraph (a)(1) of this AD, revise 
    the Limitations Section of all FAA-approved AFM's and AFM 
    Supplements, and the Limitations Section of all FAA-approved 
    Airplane Weight and Balance Supplements to include the following 
    limitations. This may be accomplished by inserting a copy of this AD 
    in all AFM's, AFM Supplements, and Weight and Balance Supplements.
    
    ``Limitations
    
        Maximum Operating Airspeed of Vmo equals 350 knots 
    indicated airspeed (KIAS).
        Minimum in-flight weight: 100,000 pounds or greater. All 
    containers must be oriented with the door side of the container 
    facing forward.
        The location of the horizontal center of gravity for the total 
    payload within each container shall not vary more than 8.8 inches 
    from the geometric center of the base of the container for the 
    forward and aft direction and 12.5 inches from the geometric center 
    of the base of the container for the left or right direction.
    
    Payload Limitations
    
        Do not exceed a total weight of 8,000 pounds for any two 
    adjacent containers and the total weight of all containers forward 
    of Body Station 436 shall not exceed 4,000 pounds. This payload 
    limit includes the payload in the lower lobe cargo compartments and 
    any other load applied to the bottom of the floor beams of the main 
    cargo deck for the same body station location as the container on 
    the main cargo deck.''
        (d) For airplanes that operate under the 350 KIAS requirements 
    of paragraph (b) or (c) of this AD: A maximum operating airspeed 
    limitation placard must be installed adjacent to the airspeed 
    indicator and in full view of both pilots. This placard must state: 
    ``Limit Vmo to 350 KIAS.''
        (e) For airplanes complying with paragraph (b) or (c) of this 
    AD, within 120 days after the effective date of this AD: Revise the 
    Limitations Section of all FAA-approved AFM's and AFM Supplements, 
    and the Limitations Section of all FAA-approved
    
    [[Page 37788]]
    
    Airplane Weight and Balance Supplements to include the following 
    information. This may be accomplished by inserting a copy of this AD 
    in all AFM's, AFM Supplements, and Weight and Balance Supplements.
    
    ``Limitations
    
        All containers must be oriented with the door side of the 
    container facing forward.
        The location of the horizontal center of gravity for the total 
    payload within each container shall not vary more than 8.8 inches 
    from the geometric center of the base of the container for the 
    forward and aft direction and 12.5 inches from the geometric center 
    of the base of the container for the left or right direction.
    
    Payload Limitations
    
        Do not exceed a total weight of 3,000 pounds per container on 
    the main cargo deck, except in the area adjacent to the side cargo 
    door. In that side door area (Body Station 440 to Body Station 660), 
    containers are restricted to a maximum payload of 2,700 pounds per 
    container. This payload limit includes the payload in the lower lobe 
    cargo compartments and any other load applied to the bottom of the 
    floor beams of the main cargo deck for the same body station 
    location as the container on the main cargo deck.''
        (f) As an alternative to compliance with paragraphs (a), (b), 
    (c), (d), and (e) of this AD: An applicant may submit a proposal to 
    modify the floor structure or proposed new payload and other limits, 
    and substantiating data and analyses to the Manager, Standardization 
    Branch, ANM-113, in accordance with the procedures of paragraph (g) 
    of this AD, showing that the floor structure of the main cargo deck 
    is in compliance with the requirements of Civil Air Regulations 
    (CAR) part 4b. If the FAA determines that these documents are 
    acceptable and applicable to the specific airplane being analyzed 
    and approves the proposed limits, prior to flight under these new 
    limits, the operator must revise the Limitations Section of all FAA-
    approved AFM's and AFM Supplements, and the Limitations Section of 
    all FAA-approved Airplane Weight and Balance Supplements in 
    accordance with a method approved by the Manager, Standardization 
    Branch, ANM-113. Accomplishment of these revisions in accordance 
    with the requirements of this paragraph constitutes terminating 
    action for the requirements of this AD.
        (g) 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, Standardization Branch, ANM-113. 
    Operators shall submit their requests through an appropriate FAA 
    Principal Maintenance Inspector who may add comments and then send 
    it to the Manager, Standardization Branch, ANM-113.
    
        Note 3: Information concerning the existence of approved 
    alternative methods of compliance with this AD, if any, may be 
    obtained from the Manager, Standardization Branch, ANM-113.
    
        (h) 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.
    
        Issued in Renton, Washington, on .July 8, 1997.
    Darrell M. Pederson,
    Acting Manager, Transport Airplane Directorate, Aircraft Certification 
    Service.
    [FR Doc. 97-18358 Filed 7-14-97; 8:45 am]
    BILLING CODE 4910-13-U
    
    
    

Document Information

Published:
07/15/1997
Department:
Federal Aviation Administration
Entry Type:
Proposed Rule
Action:
Notice of proposed rulemaking (NPRM).
Document Number:
97-18358
Dates:
Comments must be received by August 22, 1997.
Pages:
37778-37788 (11 pages)
Docket Numbers:
Docket No. 97-NM-81-AD
RINs:
2120-AA64: Airworthiness Directives
RIN Links:
https://www.federalregister.gov/regulations/2120-AA64/airworthiness-directives
PDF File:
97-18358.pdf
CFR: (1)
14 CFR 39.13