[Federal Register Volume 60, Number 179 (Friday, September 15, 1995)]
[Rules and Regulations]
[Pages 47862-47864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21673]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 95-CE-52-AD; Amendment 39-9353; AD 95-18-05]
Airworthiness Directives; Fairchild Aircraft Models SA226-AT and
SA226-TC Airplanes
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
applies to certain Fairchild Aircraft Models SA226-AT and SA226-TC
airplanes. This action requires replacing the two lower aluminum cargo
door receptacles with steel receptacles. A report of cargo door failure
on one of the affected airplanes prompted this action. Fatigue of the
two bottom cargo door receptacles caused the bottom third of the cargo
door to bend outward and upward, causing damage to the fuselage door
frame. The actions specified by this AD are intended to prevent
decompression injuries and the cargo door from breaking off and
striking the empennage or the elevator, which could cause substantial
structural failure and loss of control of the airplane.
DATES: Effective September 26, 1995.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of September 26, 1995.
Comments for inclusion in the Rules Docket must be received on or
before October 26, 1995.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Central Region, Office of the Assistant Chief
Counsel, Attention: Rules Docket 95-CE-52-AD, Room 1558, 601 E. 12th
Street, Kansas City, Missouri 64106.
Service information that applies to this AD may be obtained from
Fairchild Aircraft, P.O. Box 790490, San Antonio, Texas 78279-0490.
This information may also be examined at the Federal
[[Page 47863]]
Aviation Administration (FAA), Central Region, Office of the Assistant
Chief Counsel, Attention: Rules Docket 95-CE-52-AD, Room 1558, 601 E.
12th Street, Kansas City, Missouri 64106; or at the Office of the
Federal Register, 800 North Capitol Street, NW., suite 700, Washington,
DC.
FOR FURTHER INFORMATION CONTACT: Hung Viet Nguyen, Aerospace Engineer,
FAA, Aircraft Certification Office, 2601 Meacham Boulevard, Fort Worth,
Texas 76193-0150; telephone (817) 222-5155; facsimile (817) 222-5960.
SUPPLEMENTARY INFORMATION: The FAA has received a report of failure of
a cargo door on a Fairchild Aircraft SA226 series airplane while it was
in flight. Fatigue of the two bottom cargo door receptacles caused the
bottom third of the cargo door to bend outward and upward, causing
damage to the fuselage door frame. This condition, if not detected and
corrected, could result in the following:
Decompression injuries as a result of the door being
opened,
The door separating from the airplane, striking the
empennage, and causing substantial structural failure, and
The door separating from the airplane, striking the
elevator, and causing loss of control of the airplane.
Fairchild Service Bulletin (SB) 226-52-008; Issued: April 3, 1979;
Revised: April 6, 1984, specifies procedures for replacing the two
lower aluminum cargo door receptacles with steel receptacles.
After examining the circumstances and reviewing all available
information related to the incidents described above, including the
referenced service bulletin, the FAA has determined that AD action
should be taken in order to prevent decompression injuries and the
cargo door from breaking off and striking the empennage or the
elevator, which could cause substantial structural failure and loss of
control of the airplane.
Since an unsafe condition has been identified that is likely to
exist or develop in other Fairchild Aircraft SA226 series airplanes of
the same type design, this AD requires replacing the two lower aluminum
cargo door receptacles with steel receptacles. The actions shall be
accomplished in accordance with Fairchild SB 226-52-008; Issued: April
3, 1979, Revised: April 6, 1984. In future rulemaking actions, the FAA
may impose life limits on the cargo door and require additional cargo
door modifications.
Since a situation exists (possible decompression and empennage or
elevator failure) that requires the immediate adoption of this
regulation, it is found that notice and opportunity for public prior
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 immediate flight safety and, thus, was not
preceded by notice and opportunity to comment, comments are invited on
this rule. Interested persons are invited to comment on this rule by
submitting such written data, views, or arguments as they may desire.
Communications should identify the Rules Docket number and be submitted
in triplicate to the address specified above. All communications
received on or before the closing date for comments will be considered,
and this rule may be amended in light of the comments received. Factual
information that supports the commenter's ideas and suggestions is
extremely helpful in evaluating the effectiveness of the AD action and
determining whether additional rulemaking action would be needed.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the rule. All comments submitted will be
available, both before and after the closing date for comments, in the
Rules Docket for examination by interested persons. A report that
summarizes each FAA-public contact concerned with the substance of this
AD will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this notice must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket No. 95-CE-52-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 and that must be issued immediately to correct an unsafe
condition in aircraft, and is not a ``significant regulatory action''
under Executive Order 12866. It has been determined further that this
action involves an emergency regulation under DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979). If it is determined
that this emergency regulation otherwise would be significant under DOT
Regulatory Policies and Procedures, a final regulatory evaluation will
be prepared and placed in the Rules Docket (otherwise, an evaluation is
not required). A copy of it, if filed, may be obtained from the Rules
Docket.
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 USC 106(g), 40101, 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding a new airworthiness directive
(AD) to read as follows:
95-18-05 Fairchild Aircraft Corporation: Amendment 39-9353; Docket
No. 95-CE-52-AD.
Applicability: Models SA226-AT (serial numbers AT001 through
AT074) and SA226-TC (serial numbers TC201 through TC419) airplanes,
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 (c) of this AD 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 within the next 50 hours time-in-service
after the effective date of this AD, unless already accomplished.
[[Page 47864]]
To prevent decompression injuries and the cargo door from
breaking off and striking the empennage or the elevator, which could
cause substantial structural failure and loss of control of the
airplane, accomplish the following:
(a) Replace the lower two aluminum cargo door receptacles with
steel receptacles in accordance with the ACCOMPLISHMENT INSTRUCTIONS
section of Fairchild Aircraft Service Bulletin (SB) 226-52-008;
Issued: April 3, 1979; Revised: April 6, 1984.
(b) 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.
(c) An alternative method of compliance or adjustment of the
compliance time that provides an equivalent level of safety may be
approved by the Manager, FAA, Aircraft Certification Office, 2601
Meacham Boulevard, Fort Worth, Texas 76193-0150. The request shall
be forwarded through an appropriate FAA Maintenance Inspector, who
may add comments and then send it to the Manager, Fort Worth
Aircraft Certification Office.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Fort Worth Aircraft Certification Office.
(d) The replacements required by this AD shall be done in
accordance with Fairchild Aircraft Service Bulletin 226-52-008;
Issued April 3, 1979; Revised April 6, 1984. 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 Fairchild Aircraft, P.O. Box 790490, San Antonio,
Texas 78279-0490. Copies may be inspected at the FAA, Central
Region, Office of the Assistant Chief Counsel, Room 1558, 601 E.
12th Street, Kansas City, Missouri, or at the Office of the Federal
Register, 800 North Capitol Street, NW., 7th Floor, suite 700,
Washington, DC.
(e) This amendment (39-9353) becomes effective on September 26,
1995.
Issued in Kansas City, Missouri, on August 25, 1995.
Henry A. Armstrong,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 95-21673 Filed 9-14-95; 8:45 am]
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