[Federal Register Volume 69, Number 26 (Monday, February 9, 2004)]
[Rules and Regulations]
[Pages 5924-5926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2575]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-170-AD, Amendment 39-13467; AD 2004-03-23]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 737-200 and -300 Series 
Airplanes Equipped With a Main Deck Cargo Door Installed in Accordance 
With Supplemental Type Certificate (STC) SA2969SO

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment supersedes an existing airworthiness directive 
(AD), applicable to certain Boeing Model 737-200 and -300 series 
airplanes, that currently requires a one-time inspection to detect 
cracks of the lower frames and reinforcing angles of the main deck 
cargo door where the door latch fittings attach between certain 
fuselage stations and water lines, and replacement of any cracked part 
with a new part having the same part number. This amendment continues 
to require the existing actions and corrects a reference to an 
incorrect fuselage station. The actions specified by the AD are 
intended to detect and correct cracking of the lower portion of the 
main deck cargo door frames, which could result in sudden 
depressurization, loss or opening of the main deck cargo door during 
flight, and loss of control of the airplane.

DATES: Effective February 24, 2004.
    The incorporation by reference of a certain publication, as listed 
in the regulations, was approved previously by the Director of the 
Federal Register as of May 29, 2001 (66 FR 20380, April 23, 2001).
    Comments for inclusion in the Rules Docket must be received on or 
before April 9, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2003-NM-170-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2003-NM-170-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    The service information referenced in the proposed rule may be 
obtained from Pemco World Air Services, 100 Pemco Drive, Dothan, AL 
36303. This information may be examined at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the FAA, 
Atlanta Aircraft Certification Office, One Crown Center, 1895 Phoenix 
Boulevard, Suite 450, Atlanta, Georgia; or at the Office of the Federal 
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Don Buckley, Aerospace Engineer, 
Airframe and Propulsion Branch, ACE-117A, FAA, Atlanta Aircraft 
Certification Office, One Crown Center, 1895 Phoenix Boulevard, Suite 
450, Atlanta, Georgia 30337-2748, telephone (770) 703-6086; fax (770) 
703-6097.

SUPPLEMENTARY INFORMATION: On April 12, 2001, the FAA issued AD 2001-
08-07, amendment 39-12184 (66 FR 20380, April 23, 2001), applicable to 
certain Boeing Model 737-200 and -300 series airplanes, to require a 
one-time inspection to detect cracks of the lower frames and 
reinforcing angles of the main deck cargo door where the door latch 
fittings attach between certain fuselage stations and water lines, and 
replacement of any cracked part with a new part having the same part 
number. That action was prompted by reports that, during the 
inspections required by the existing AD, cracks were found in the 
reinforcing angles of the main deck cargo door frame. The requirements 
of that AD are intended to detect and correct cracking of the lower 
portion of the main deck cargo door frames, which could result in 
sudden depressurization, loss or opening of the main deck cargo door 
during flight, and loss of control of the airplane.

Actions Since Issuance of Previous Rule

    Since the issuance of that AD, several commenters point out a 
typographical error in paragraphs (a) and (b) of the AD. The first 
sentence of those paragraphs state, `` * * * at the location where the 
door latch fittings attach between fuselage station (FS) 361.86 and FS 
298.12 * * *.'' FS 298.12 is incorrect; the correct FS is 498.12, which 
is specified in the service bulletin cited in that AD (i.e., Pemco 
Service Bulletin 737-52-003, Revision 2, dated September 13, 2000, 
including

[[Page 5925]]

Attachment 1, dated August 10, 2000.) Because neither of the two 
airplanes affected by this action are on the U.S. Register, the public 
has not acted in reliance on the error. Therefore, public notice and 
comment are unnecessary, because the public would have no interest in 
commenting.

Explanation of Requirements of Proposed Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design that may be 
registered in the United States at some time in the future, this AD is 
being issued to detect and correct cracking of the lower portion of the 
main deck cargo door frames, which could result in sudden 
depressurization, loss or opening of the main deck cargo door during 
flight, and loss of control of the airplane. This AD supersedes AD 
2001-08-07 to require the existing one-time inspection to detect cracks 
of the lower frames and reinforcing angles of the main deck cargo door 
where the door latch fittings attach between the correct fuselage 
stations and water lines, and replacement of any cracked part with a 
new part having the same part number. The actions are required to be 
accomplished in accordance with Pemco Service Bulletin 737-52-0037, 
Revision 2, dated September 13, 2000, including Attachment 1, dated 
August 10, 2000, described previously in AD 2001-08-07.

Cost Impact

    None of the Model 737-200 and -300 series airplanes equipped with a 
main deck cargo door installed in accordance with Supplemental Type 
Certificate SA2969SO affected by this action are on the U.S. Register. 
All airplanes included in the applicability of this rule currently are 
operated by non-U.S. operators under foreign registry; therefore, they 
are not directly affected by this AD action. However, the FAA considers 
that this rule is necessary to ensure that the unsafe condition is 
addressed in the event that any of these subject airplanes are imported 
and placed on the U.S. Register in the future.
    Should an affected airplane be imported and placed on the U.S. 
Register in the future, it would require approximately 500 work hours 
per airplane to accomplish the required inspection, at an average labor 
rate of $65 per work hour. Based on these figures, the cost impact of 
the inspection required by this AD on U.S. operators is estimated to be 
$32,500 per airplane.
    Should an affected airplane be imported and placed on the U.S. 
Register in the future, it would require approximately 128 work hours 
per airplane to accomplish the replacement, at an average labor rate of 
$65 per work hour. Required parts will cost approximately $15,521 per 
airplane. Based on these figures, the cost impact of the replacement 
required by this AD on U.S. operators is estimated to be $23,841 per 
airplane.

Determination of Rule's Effective Date

    Since this AD action does not affect any airplane that is currently 
on the U.S. register, it has no adverse economic impact and imposes no 
additional burden on any person. Therefore, prior notice and public 
procedures hereon are unnecessary and the amendment may be made 
effective in less than 30 days after publication in the Federal 
Register.

Comments Invited

    Although this action is in the form of a final rule and was not 
preceded by notice and opportunity for public comment, comments are 
invited on this rule. Interested persons are invited to comment on this 
rule by submitting such written data, views, or arguments as they may 
desire. Communications shall identify the Rules Docket number and be 
submitted in triplicate to the address specified under the caption 
ADDRESSES. All communications received on or before the closing date 
for comments will be considered, and this rule may be amended in light 
of the comments received. Factual information that supports the 
commenter's ideas and suggestions is extremely helpful in evaluating 
the effectiveness of the AD action and determining whether additional 
rulemaking action would be needed.
    Submit comments using the following format:
     Organize comments issue-by-issue. For example, 
discuss a request to change the compliance time and a request to change 
the service bulletin reference as two separate issues.
     For each issue, state what specific change to 
the AD is being requested.
     Include justification (e.g., reasons or data) 
for each request.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. All comments submitted will be 
available, both before and after the closing date for comments, in the 
Rules Docket for examination by interested persons. A report that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2003-NM-170-AD.'' The postcard will be date stamped 
and returned to the commenter.

Regulatory Impact

    The regulations adopted herein will not have a substantial direct 
effect 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, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); and (3) will not have a 
significant economic impact, positive or negative, on a substantial 
number of small entities under the criteria of the Regulatory 
Flexibility Act. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
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

0
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]

0
2. Section 39.13 is amended by removing amendment 39-12184 (66 FR 
20380, April 23, 2001), and by adding a new airworthiness directive 
(AD), amendment 39-13467 to read as follows:

2004-03-23 Boeing: Amendment 39-13467. Docket 2003-NM-170-AD. 
Supersedes AD 2001-08-07, Amendment 39-12184.

    Applicability: Model 737-200 and -300 series airplanes, equipped 
with a main deck cargo door installed in accordance with

[[Page 5926]]

Supplemental Type Certificate (STC) SA2969SO; certificated in any 
category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To detect and correct cracking of the lower portion of the main 
deck cargo door frames, which could result in sudden 
depressurization, loss or opening of the main deck cargo door during 
flight, and loss of control of the airplane; accomplish the 
following:

Actions Addressing Door Frames or Reinforcing Angles That Have Been 
Replaced

    (a) For airplanes on which any door frame or reinforcing angle 
at the location where the door latch fittings attach between 
fuselage station (FS) 361.86 and FS 498.12 and water line (WL) 
202.35 and WL 213.00 has been replaced before the effective date of 
this AD: Do the actions specified in paragraphs (a)(1) and (a)(2) of 
this AD per the Accomplishment Instructions of Pemco Service 
Bulletin 737-52-0037, Revision 2, dated September 13, 2000, 
including Attachment 1, dated August 10, 2000.
    (1) Within 3,000 flight cycles after accomplishment of the 
replacement, do a high frequency eddy current (HFEC) inspection to 
detect cracks of the replaced lower frames or replaced reinforcing 
angles of the main deck cargo door, as applicable.
    (i) If no crack is detected, repeat the HFEC inspection 
thereafter at intervals of 1,300 flight cycles on the replaced part.
    (ii) If any crack is detected, before further flight, replace 
the cracked part with a new part having the same part number per the 
service bulletin. Within 3,000 flight cycles after accomplishment of 
the replacement, do the HFEC inspection required by paragraph (a)(1) 
of this AD.
    (2) Before or upon the accumulation of 7,000 total flight cycles 
on any lower frame or reinforcing angle of the main deck cargo door, 
replace the lower frame or reinforcing angle, as applicable, with 
new parts. Within 3,000 flight cycles after accomplishment of the 
replacement, do the HFEC inspection required by paragraph (a)(1) of 
this AD.

Actions Addressing Door Frames or Reinforcing Angles That Have Not Been 
Replaced

    (b) For airplanes on which any door frame or reinforcing angle 
at the location where the door latch fittings attach between FS 
361.86 and FS 498.12 and WL 202.35 and WL 213.00 has not been 
replaced before the effective date of this AD: Within 1,300 flight 
cycles after accomplishment of the HFEC inspection required by AD 
2000-17-51, amendment 39-11877, do the action specified in either 
paragraph (b)(1) or (b)(2) of this AD, as applicable, per the 
Accomplishment Instructions of Pemco Service Bulletin 737-52-0037, 
Revision 2, dated September 13, 2000, including Attachment 1, dated 
August 10, 2000.
    (1) For airplanes that have accumulated less than 7,000 total 
flight cycles since installation of STC SA2969SO: Do an HFEC 
inspection to detect cracks of the lower frames and reinforcing 
angles of the main deck cargo door where the door latch fittings 
attach between FS 361.86 and FS 498.12 and WL 202.35 and WL 213.00.
    (i) If no crack is detected, do the actions specified in 
paragraphs (b)(1)(i)(A) and (b)(1)(i)(B) of this AD.
    (A) Repeat the HFEC inspection thereafter at intervals of 1,300 
flight cycles on the airplane, but not to exceed the accumulation of 
7,000 total flight cycles on the airplane.
    (B) Before the accumulation of 7,000 total flight cycles on the 
airplane, replace the lower frame and reinforcing angle with new 
parts per the service bulletin. Within 3,000 flight cycles after 
accomplishment of the replacement, do the HFEC inspection required 
by paragraph (a)(1) of this AD.
    (ii) If any crack is detected, before further flight, replace 
the cracked part with a new part having the same part number per the 
service bulletin. Within 3,000 flight cycles after accomplishment of 
the replacement, do the HFEC inspection required by paragraph (a)(1) 
of this AD.
    (2) For airplanes that have accumulated 7,000 or more total 
flight cycles since installation of STC SA2969SO: Replace the lower 
frames and reinforcing angles with new parts. Within 3,000 flight 
cycles after accomplishment of the replacement, do the HFEC 
inspection required by paragraph (a)(1) of this AD.

Alternative Methods of Compliance

    (c)(1) In accordance with 14 CFR 39.19, the Manager, Atlanta 
Aircraft Certification Office (ACO), FAA, is authorized to approve 
alternative methods of compliance (AMOCs) for this AD.
    (2) Alternative methods of compliance, approved previously in 
accordance with AD 2000-17-51, amendment 39-11877, are approved as 
alternative methods of compliance with the initial HFEC inspection 
required by paragraph (a)(1) of this AD.

Incorporation by Reference

    (d) The actions shall be done in accordance with Pemco Service 
Bulletin 737-52-0037, Revision 2, dated September 13, 2000, 
including Attachment 1, dated August 10, 2000. This incorporation by 
reference was approved previously by the Director of the Federal 
Register as of May 29, 2001 (66 FR 20380, April 23, 2001). Copies 
may be obtained from Pemco World Air Services, 100 Pemco Drive, 
Dothan, AL 36303. Copies may be inspected at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or 
at the FAA, Atlanta Aircraft Certification Office, One Crown Center, 
1895 Phoenix Boulevard, Suite 450, Atlanta, Georgia; or at the 
Office of the Federal Register, 800 North Capitol Street, NW., suite 
700, Washington, DC.

Effective Date

    (e) This amendment becomes effective on February 24, 2004.

    Issued in Renton, Washington, on January 30, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-2575 Filed 2-6-04; 8:45 am]
BILLING CODE 4910-13-P