The FAA alleges that Southwest flew 46 Boeing 737 jets on nearly 60,000 flights without performing inspections for cracking due to structural fatigue. This is the very rule that grew out of the investigation of the near plane crash of Aloha Flight 243. In that event most of the plane's roof departed the aircraft during an inter-island flight.

In a press release, the FAA claims Southwest discovered its own failure to comply with the AD in March 2007 yet continued to operate all 46 aircraft on nearly 1,500 additional flights. According to the FAA, upon conducting the inspections, Southwest found 6 planes with fatigue cracks. The agency is seeking a $10.2 million dollar penalty from the airline who has 30 days to respond.

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