AD Amdt-39-9353

[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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:
    <bullet> Decompression injuries as a result of the door being 
opened,
    <bullet> The door separating from the airplane, striking the 
empennage, and causing substantial structural failure, and
    <bullet> 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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