57240 Federal Register / Vol. 63, No. 207 /Tuesday, October 27, 1998 /Rules and Regulations

Class B, common stock

ARISTOTLE CORPORATION, THE

$.001 par comon

ATLANTIC GULF COMMUNITIES

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Series B, 20% preferred stock

BANKFIRST CORPORATION

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American Depositary Shares

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CLARK/BARDES HOLDINGS, INC.

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CNY FINANCIAL CORPORATION

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COMMONWEALTH TELEPHONE

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EXCO RESOURCES, INC.

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FCNB CAPITAL TRUST

No par trust preferred

FIRST BUSEY CORPORATION

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FUNDTECH, LTD.

Ordinary shares

GEOCITIES

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GLOBAL CROSSING, LTD.

9–5⁄8% senior notes due 2008

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ICO GLOBAL COMMUNICATIONS

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KASPER A.S.L., LTD.

$.01 par common

LANDAIR CORPORATION

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LEAP WIRELESS INTERNATIONAL, INC.

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MAXTOR CORPORATION

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MERRILL MERCHANTS BANCSHARES,

INC.

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SOFTWORKS, INC.

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Series A, 9% beneficial unsecured

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THISTLE GROUP HOLDINGS

$.01 par common

TOWNE SERVICES, INC.

No par common

TWEETER HOME ENTERTAINMENT

GROUP, INC.

No par common

UNITY BANCORP, INC.

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WEST ESSEX BANCORP, INC.

$.01 par common

WINTRUST FINANCIAL CORPORATION

Cumulative trust preferred

WRP CORPORATION

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Deletions from the Foreign Margin Stock List

Tokyo

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¥ 50 par common

MEIDENSHA CORPORATION

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NOF CORPORATION

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By order of the Board of Governors of the

Federal Reserve System, acting by its Director

of the Division of Banking Supervision and

Regulation pursuant to delegated authority

(12 CFR 265.7(f)(10)), October 21, 1998.

Jennifer J. Johnson,

Secretary of the Board.

[FR Doc. 98–28657 Filed 10–26–98; 8:45 am]

BILLING CODE 6210–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–NM–245–AD; Amendment

39–10858; AD 98–22–10]

RIN 2120–AA64

Airworthiness Directives; Boeing

Model 737 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment supersedes

an existing airworthiness directive (AD),
Federal Register / Vol. 63, No. 207 /Tuesday, October 27, 1998 /Rules and Regulations 57241

applicable to certain Boeing Model 737

series airplanes, that currently requires

repetitive inspections for cracking of the

aft frame and frame support structure of

the forward service doorway, and repair,

if necessary. This amendment reduces

the compliance time for performing the

initial inspection, and reduces the

repetitive inspection intervals. This

amendment also adds repetitive

inspections for cracking of the aft frame

web of the forward service doorway,

and follow-on corrective actions, if

necessary. This amendment also

provides for an optional terminating

action for the repetitive inspection

requirements of this AD. This

amendment is prompted by reports

indicating that the repetitive inspections

required by the existing AD may not

detect cracking of the aft frame and

frame support structure of the forward

service doorway in a timely manner.

The actions specified in this AD are

intended to prevent fatigue cracking of

the aft frame and frame support

structure of the forward service

doorway, which could result in loss of

the door, and consequent rapid

decompression of the fuselage.

DATES: Effective November 12, 1998.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of November

12, 1998.

Comments for inclusion in the Rules

Docket must be received on or before

December 28, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 98–NM–

245–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

The service information referenced in

this AD may be obtained from Boeing

Commercial Airplane Group, P.O. Box

3707, Seattle, Washington 98124–2207.

This information may be examined at

the FAA, Transport Airplane

Directorate, 1601 Lind Avenue, SW.,

Renton, Washington; or at the Office of

the Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Rick

Kawaguchi, Aerospace Engineer,

Airframe Branch, ANM–120S, FAA,

Transport Airplane Directorate, Seattle

Aircraft Certification Office, 1601 Lind

Avenue, SW., Renton, Washington

98055–4056; telephone (425) 227–1153;

fax (425) 227–1181.

SUPPLEMENTARY INFORMATION: On

January 11, 1988, the FAA issued AD

88–03–03, amendment 39–5832 (53 FR

1609, January 21, 1988), applicable to

certain Boeing Model 737 series

airplanes, to require repetitive

inspections for cracking of the aft frame

and frame support structure of the

forward service doorway, and repair, if

necessary. That action was prompted by

several reports of cracks of the doorstop

support structure for the doorstops on

the aft frame. The actions required by

that AD are intended to prevent such

cracking, which could result in loss of

pressurization.

Actions Since Issuance of Previous Rule

Since the issuance of that AD, the

FAA has received reports indicating that

cracked door frames and severed

intercostals of the frame support

structure have been found on several

Boeing Model 737 series airplanes.

One operator reported two airplanes

with two severed intercostals on each

airplane. The severed intercostals were

detected during a repetitive inspection

of both airplanes that was performed in

accordance with AD 88–03–03 at

approximately 24,000 total landings.

The same operator also reported another

airplane with one severed intercostal

and two additional airplanes with

cracked frames. The severed intercostals

were attributed to severe fatigue

cracking. The initial inspection on each

affected airplane was performed at

approximately 18,000 total landings,

and no cracking was detected during the

initial inspections.

These findings indicate that fatigue

cracking could develop on the affected

airplanes at a lower number of landings

than the initial inspection threshold of

25,000 total landings that is mandated

by the existing AD, and that such fatigue

cracking could grow from undetectable

to severe in fewer landings than the

repetitive inspection interval of 9,000

landings that is mandated by the

existing AD.

Fatigue cracking of the aft frame and

frame support structure of the forward

service doorway, if not detected and

corrected in a timely manner, could

result in loss of the door, and

consequent rapid decompression of the

fuselage.

Explanation of Relevant Service

Information

The FAA has reviewed and approved

Boeing Service Bulletin 737–53A1108,

Revision 5, dated October 26, 1989. That

service bulletin describes procedures for

a close visual inspection to detect

cracking of the aft frame web of the

forward service doorway around the

doorstop fittings, an internal visual

inspection to detect cracking of the

intercostals and stringers of the frame

support structure, and repair of any

cracking that is detected. That service

bulletin also describes a preventive

modification that can be accomplished

on any uncracked intercostals.

Explanation of Requirements of Rule

Since an unsafe condition has been

identified that is likely to exist or

develop on other airplanes of this same

type design, this AD supersedes AD 88–

03–03 to continue to require repetitive

internal visual inspections for cracking

of the frame support structure of the

forward service doorway, and repair, if

necessary. This AD also requires

repetitive close visual inspections for

cracking of the aft frame web of the

forward service doorway, and follow-on

corrective actions, if necessary. This AD

also provides for an optional

terminating action for the repetitive

inspection requirements of this AD. The

actions are required to be accomplished

in accordance with the service bulletin

described previously, except as

discussed below.

Differences Between Service Bulletin

and This AD

Operators should note that, although

the service bulletin describes

procedures for a close visual inspection

of the aft frame web of the forward

service doorway around the doorstop

fittings, this AD does not permit that

inspection to be accomplished in lieu of

the internal visual inspection. The FAA

has determined that, because cracking

in the frame may be masked by the

doorstop fittings, the close visual

inspection is not an adequate indicator

of the condition of the intercostals and

stringers of the frame support structure.

Therefore, if any cracking is found, this

AD requires removal of the doorstop

fittings and a detailed visual inspection

to detect further cracking of the frame,

prior to the repair of any cracking.

Operators also should note that,

although the service bulletin

recommends accomplishing the initial

inspection prior to the accumulation of

25,000 total flight cycles (landings) or

within the next 4,500 flight cycles (after

receipt of the service bulletin),

whichever occurs later, the FAA has

determined that such a threshold does

not address the identified unsafe

condition in a timely manner. In

addition, the FAA has determined that

the repetitive inspection interval of

9,000 landings, as specified in the

service bulletin, does not address the

identified unsafe condition in a timely

manner. The FAA’s determination is

based upon the case of two airplanes,

described previously, on which no

cracking was detected during internal

visual inspections of the intercostals at
57242 Federal Register / Vol. 63, No. 207 /Tuesday, October 27, 1998 /Rules and Regulations

18,000 total landings; but, during

repetitive inspections conducted at

approximately 24,000 total landings,

two severed intercostals were found.

This evidence reveals that cracking may

appear earlier than 25,000 total landings

and grow from being undetectable to

severe in fewer than 6,000 flight cycles.

In light of these factors, the FAA finds

a compliance time of 18,000 total

landings (or within 700 landings or 90

days after the effective date of this AD,

whichever occurs later) for initiating the

required inspections, and a repetitive

interval of 4,500 landings, is warranted,

in that those times represent an

appropriate interval of time allowable

for affected airplanes to continue to

operate without compromising safety.

Operators also should note that,

although the service bulletin specifies

Boeing 737 Structural Repair Manual

Items (SRM) 51–40–2 and 51–40–3 as

optional sources of service information

for repairing cracked intercostals, this

AD requires that all future repairs of

cracked intercostals be accomplished in

accordance with Figure 3 of the service

bulletin. The FAA has determined that

SRM’s 51–40–2 and 51–40–3 may not

provide an acceptable source of service

information for repair of the

intercostals.

Additionally, although the service

bulletin specifies that SRM 53–10–4 is

an appropriate source of service

information for repairing cracked

frames, and that SRM 53–10–3 is an

appropriate source of service

information for repairing cracked

stringers, this AD requires that all future

repairs of cracked frames or stringers be

accomplished in accordance with a

method approved by the FAA. The FAA

has determined that SRM’s 53–10–4 and

53–10–3 may not provide structurally

acceptable methods of repair for frames

and stringers.

Operators should note that, although

the service bulletin specifies that the

manufacturer may be contacted for

disposition of certain repair conditions,

this proposal would require the repair of

those conditions to be accomplished in

accordance with a method approved by

the FAA.

Explanation of Revision to

Applicability

AD 88–03–03 applies to certain

Boeing Model 737 series airplanes, as

listed in Boeing Service Bulletin 737–

53A1108, Revision 2, dated August 13,

1987. This AD is applicable to certain

Boeing Model 737 series airplanes, as

listed in Boeing Service Bulletin 737–

53A1108, Revision 5, dated October 26,

1989. Revision 5 of the service bulletin

updates the effectivity listing of the

service bulletin only to reflect current

airplane ownership but adds no new

airplanes.

Other Relevant Rulemaking

The FAA previously has issued AD

90–06–02, amendment 39–6489 (55 FR

8372, March 7, 1990), applicable to

certain Boeing Model 737 series

airplanes. That AD requires

accomplishment of certain structural

modifications, which constitutes

terminating action for the repetitive

inspection requirements of this AD.

Determination of Rule’s Effective Date

Since a situation exists that requires

the immediate adoption of this

regulation, it is found that notice and

opportunity for prior public comment

hereon are impracticable, and that good

cause exists for making this amendment

effective in less than 30 days.

Comments Invited

Although this action is in the form of

a final rule that involves requirements

affecting flight safety and, thus, was not

preceded by notice and an opportunity

for public comment, comments are

invited on this rule. Interested persons

are invited to comment on this rule by

submitting such written data, views, or

arguments as they may desire.

Communications shall identify the

Rules Docket number and be submitted

in triplicate to the address specified

under the caption ADDRESSES. All

communications received on or before

the closing date for comments will be

considered, and this rule may be

amended in light of the comments

received. Factual information that

supports the commenter’s ideas and

suggestions is extremely helpful in

evaluating the effectiveness of the AD

action and determining whether

additional rulemaking action would be

needed.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the rule that might suggest a need to

modify the rule. All comments

submitted will be available, both before

and after the closing date for comments,

in the Rules Docket for examination by

interested persons. A report that

summarizes each FAA-public contact

concerned with the substance of this AD

will be filed in the Rules Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this rule must

submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 98–NM–245–AD.’’ The

postcard will be date stamped and

returned to the commenter.

Regulatory Impact

The regulations adopted herein will

not have substantial direct effects on the

States, on the relationship between the

national government and the States, or

on the distribution of power and

responsibilities among the various

levels of government. Therefore, in

accordance with Executive Order 12612,

it is determined that this final rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

The FAA has determined that this

regulation is an emergency regulation

that must be issued immediately to

correct an unsafe condition in aircraft,

and that it is not a ‘‘significant

regulatory action’’ under Executive

Order 12866. It has been determined

further that this action involves an

emergency regulation under DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979). If it is

determined that this emergency

regulation otherwise would be

significant under DOT Regulatory

Policies and Procedures, a final

regulatory evaluation will be prepared

and placed in the Rules Docket. A copy

of it, if filed, may be obtained from the

Rules Docket at the location provided

under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Incorporation by reference,

Safety.

Adoption of the Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration amends part 39 of the

Federal Aviation Regulations (14 CFR

part 39) as follows:

PART 39—AIRWORTHINESS

DIRECTIVES

1. The authority citation for part 39

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

§ 39.13 [Amended]

2. Section 39.13 is amended by

removing amendment 39–5832 (53 FR

1609, January 21, 1988), and by adding

a new airworthiness directive (AD),

amendment 39–10858, to read as

follows:

98–22–10 BOEING: Amendment 39–10858.

Docket 98–NM–245–AD. Supersedes AD

88–03–03, amendment 39–5832.

Applicability: Model 737 series airplanes,

as listed in Boeing Service Bulletin 737–
Federal Register / Vol. 63, No. 207 /Tuesday, October 27, 1998 /Rules and Regulations 57243

53A1108, Revision 5, dated October 26, 1989;

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 request approval for an

alternative method of compliance in

accordance with paragraph (f)(1) 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. 3

Compliance: Required as indicated, unless

accomplished previously.

To prevent fatigue cracking of the aft frame

and frame support structure of the forward

service doorway, which could result in loss

of the door, and consequent rapid

decompression of the fuselage, accomplish

the following:

Restatement of the Requirements of AD 88–

03–03

(a) Prior to the accumulation of 25,000 total

landings or within 4,500 landings after

February 28, 1988 (the effective date of AD

88–03–03, amendment 39–5832), whichever

occurs later, perform an internal visual

inspection for cracking in the intercostals

and stringers, which support the doorstop

fittings of the aft frame of the service

doorway, in accordance with Boeing Service

Bulletin 737–53A1108, Revision 1, dated

March 12, 1987; Revision 2, dated August 13,

1987; Revision 3, dated March 3, 1988;

Revision 4, dated November 17, 1988; or

Revision 5, dated October 26, 1989.

(1) If no cracking is found during any

inspection performed in accordance with

paragraph (a) of this AD, repeat the

inspection thereafter at intervals not to

exceed 9,000 landings, until the inspection

required by paragraph (b) of this AD is

accomplished.

(2) If any cracking is found during any

inspection performed in accordance with

paragraph (a) of this AD, prior to further

flight, repair in accordance with the service

bulletin. Thereafter, repeat the inspection at

intervals not to exceed 9,000 landings, until

the inspection required by paragraph (b) of

this AD is accomplished.

New Requirements of This AD

(b) Perform a close visual inspection for

cracking of the aft frame web and an internal

visual inspection for cracking of the

intercostals and stringers of the frame

support structure of the forward service

doorway, in accordance with Boeing Service

Bulletin 737–53A1108, Revision 1, dated

March 12, 1987; Revision 2, dated August 13,

1987; Revision 3, dated March 3, 1988;

Revision 4, dated November 17, 1988; or

Revision 5, dated October 26, 1989; at the

latest of the times specified in paragraphs

(b)(1), (b)(2), (b)(3), and (b)(4) of this AD.

Accomplishment of these inspections

constitutes terminating action for the

repetitive inspection requirements of

paragraphs (a)(1) and (a)(2) of this AD.

(1) Prior to the accumulation of 18,000

total landings.

(2) If an internal visual inspection was

performed in accordance with paragraph (b)

of AD 88–03–03: Within 4,500 landings after

the last inspection performed in accordance

with paragraph (b) of AD 88–03–03.

(3) Within 700 landings after the effective

date of this AD.

(4) Within 90 days after the effective date

of this AD.

(c) If no cracking of the aft frame web,

intercostals, or stringers is detected during

any inspection required by paragraph (b) of

this AD, repeat the inspection thereafter at

intervals not to exceed 4,500 landings, until

the actions specified by paragraph (e) of this

AD are accomplished.

(d) If any cracking of the aft frame web,

intercostals, or stringers is detected during

any inspection required by paragraph (b) of

this AD, prior to further flight, remove the six

doorstop fittings, and perform a detailed

visual inspection to detect further cracking of

the frame web. Prior to further flight, repair

any cracked intercostal in accordance with

Figure 3 of Boeing Service Bulletin 737–

53A1108, Revision 1, dated March 12, 1987;

Revision 2, dated August 13, 1987; Revision

3, dated March 3, 1988; Revision 4, dated

November 17, 1988; or Revision 5, dated

October 26, 1989. Prior to further flight,

repair any cracked frame web or stringer in

accordance with a method approved by the

Manager, Seattle Aircraft Certification Office

(ACO), FAA, Transport Airplane Directorate;

or in accordance with data meeting the type

certification basis of the airplane approved

by a Boeing Company Designated

Engineering Representative who has been

authorized by the Manager, Seattle ACO, to

make such findings. Thereafter, repeat the

inspection specified in paragraph (b) of this

AD at intervals not to exceed 4,500 landings,

until the actions specified by paragraph (e) of

this AD are accomplished.

(e) Repair of all intercostals in accordance

with Figure 3 of Boeing Service Bulletin 737–

53A1108, Revision 1, dated March 12, 1987;

Revision 2, dated August 13, 1987; Revision

3, dated March 3, 1988; Revision 4, dated

November 17, 1988; or Revision 5, dated

October 26, 1989; or modification of all

intercostals accomplished in accordance with

the requirements of AD 90–06–02,

amendment 39–6489; constitutes terminating

action for the repetitive inspection

requirements of this AD.

(f)(1) 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, Seattle

ACO. Operators shall submit their requests

through an appropriate FAA Principal

Maintenance Inspector, who may add

comments and then send it to the Manager,

Seattle ACO.

(f)(2) Alternative methods of compliance

pertaining to inspection methods, approved

previously in accordance with AD 88–03–03,

amendment 39–5832, are not considered to

be approved as alternative methods of

compliance with this AD.

(f)(3) Alternative methods of compliance

pertaining to repairs or modifications,

approved previously in accordance with AD

88–03–03, amendment 39–5832, are

considered to be approved as alternative

methods of compliance with this AD.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Seattle ACO.

(g) 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.

(h) The internal visual inspection for

cracking in the intercostals and stringers,

close visual inspection for cracking of the aft

frame web, and repair of intercostals, if

necessary, shall be done in accordance with

Boeing Service Bulletin 737–53A1108,

Revision 1, dated March 12, 1987; Boeing

Service Bulletin 737–53A1108, Revision 2,

dated August 13, 1987; Boeing Service

Bulletin 737–53A1108, Revision 3, dated

March 3, 1988; Boeing Service Bulletin 737–

53A1108, Revision 4, dated November 17,

1988; or Boeing Service Bulletin 737–

53A1108, Revision 5, dated October 26, 1989.

Boeing Service Bulletin 737–53A1108,

Revision 3, dated March 3, 1988, contains the

following list of effective pages:

Page number

shown on

page

Revision

level

shown

on page

Date shown on

page

1–14, 22 ......... 3 March 3, 1988.

15–21, 23–27 2 August 13, 1987.

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 Boeing Commercial Airplane Group,

P.O. Box 3707, Seattle, Washington 98124–

2207. Copies may be inspected at the FAA,

Transport Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington; or at the

Office of the Federal Register, 800 North

Capitol Street, NW., suite 700, Washington,

DC.

(i) This amendment becomes effective

on November 12, 1998.

Issued in Renton, Washington, on October

19, 1998.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–28540 Filed 10–26–98; 8:45 am]

BILLING CODE 4910–13–P