[Federal Register Volume 64, Number 232 (Friday, December 3, 1999)]
[Rules and Regulations]
[Pages 67710-67712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31071]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 98-NM-371-AD; Amendment 39-11447; AD 99-25-04]
RIN 2120-AA64
Airworthiness Directives; Lockheed Model 382 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to certain Lockheed Model 382 series airplanes, that
requires a one-time visual inspection of the under floor to ring
fittings at fuselage station 817E to verify installation of the correct
sized fasteners; and follow-on corrective actions, if necessary. This
amendment is prompted by notification from the manufacturer indicating
that during production incorrect sized fasteners were installed on the
under floor to ring fittings at fuselage station 817E. The actions
specified by this AD are intended to prevent fatigue cracking of the
fastener holes and adjacent fuselage structure due to installation of
the incorrect sized fasteners, which could result in reduced structural
integrity of the airplane.
DATES: Effective January 7, 2000.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of January 7, 2000.
ADDRESSES: The service information referenced in this AD may be
obtained from Lockheed Martin Aeronautical Systems Support Company
(LMASSC), Field Support Department, Dept. 693, Zone 0755, 2251 Lake
Park Drive, Smyrna, Georgia 30063. This information may be examined at
the Federal Aviation Administration (FAA), Transport Airplane
Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton, Washington;
or at the FAA, Small Airplane Directorate, 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: Thomas Peters, Aerospace Engineer,
Systems and Flight Test Branch, ACE-116A, FAA, Small Airplane
Directorate, Atlanta Aircraft Certification Office, One Crown Center,
1895 Phoenix Boulevard, suite 450, Atlanta, Georgia 30349; telephone
(770) 703-6063; fax (770) 703-6097.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to include an airworthiness
directive (AD) that is applicable to certain Lockheed Model 382 series
airplanes was published in the Federal Register on April 23, 1999 (64
FR 19938). That action proposed to require a one-time visual inspection
of the under floor to ring fittings at fuselage station 817E to verify
installation of the correct sized fasteners; and follow-on corrective
actions, if necessary.
Comments
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the single comment received.
Request to Revise Compliance Time to Follow Alert Service Bulletin
One commenter requests that the compliance time be revised to read
the same as the referenced service bulletin. While the notice of
proposed rulemaking (NPRM) proposes a compliance time of 30 days after
the effective date of the proposed AD, the service bulletin specifies
30 days after receipt of the service bulletin, which was issued January
30, 1997.
The FAA does not concur. The commenter's request would result in
retroactive rulemaking. The FAA does not have the legal authority to
impose requirements that place operators in noncompliance based on past
actions. Even if the commenter's request was limited to future effect,
as discussed in the preamble of the proposed AD, the FAA finds that a
compliance time of 30 days after the effective date of this AD is
adequate for accomplishment of the inspection and rework in that the
FAA has determined that fatigue cracking originating at the fastener
holes caused by the installation of incorrect sized fasteners could
result in loss of pressurization, but not an ``explosive
[[Page 67711]]
decompression'' or severe structural degradation. In light of this, the
FAA finds that it is not necessary to implement an immediate cabin
pressurization limit of 8.75 in Hg (4.3 psi) for affected airplanes,
which would result in immediate grounding of airplanes, to continue to
operate without compromising safety.
Explanation of Change Made to Proposal
The FAA has clarified the inspection requirement contained in the
proposed AD. Whereas the proposal specified a visual inspection, the
FAA has revised this final rule to clarify that its intent is to
require a general visual inspection. Additionally, a note has been
added to the final rule to define that inspection.
Conclusion
After careful review of the available data, including the comment
noted above, the FAA has determined that air safety and the public
interest require the adoption of the rule with the change previously
described. The FAA has determined that this change will neither
increase the economic burden on any operator nor increase the scope of
the AD.
Cost Impact
There are approximately 112 airplanes of the affected design in the
worldwide fleet. The FAA estimates that 18 airplanes of U.S. registry
will be affected by this AD, that it will take approximately 1 work
hour per airplane to accomplish the required inspection, and that the
average labor rate is $60 per work hour. Based on these figures, the
cost impact of the AD on U.S. operators is estimated to be $1,080, or
$60 per airplane.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the requirements of this AD
action, and that no operator would accomplish those actions in the
future if this AD were not adopted.
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.
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
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.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
99-25-04 Lockheed: Amendment 39-11447. Docket 98-NM-371-AD.
Applicability: Model 382 airplanes as listed in paragraph
1.A.(1) (``Effectivity'') of Lockheed Hercules Alert Service
Bulletin A382-53-57, Revision 1, dated January 30, 1997;
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 (c) 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.
Compliance: Required as indicated, unless accomplished
previously.
To prevent fatigue cracking of the fastener holes and adjacent
fuselage structure due to installation of the incorrect sized
fasteners, which could result in reduced structural integrity of the
airplane, accomplish the following:
For All Airplanes: Inspection and Corrective Action, If Necessary
(a) Within 30 days after the effective date of this AD, perform
a one-time general visual inspection of the under floor to ring
fittings at fuselage station 817E to verify installation of the
correct sized fasteners, in accordance with Lockheed Hercules Alert
Service Bulletin A382-53-57, Revision 1, dated January 30, 1997.
Note 2: For the purposes of this AD, a general visual inspection
is defined as ``A visual examination of an interior or exterior
area, installation, or assembly to detect obvious damage, failure,
or irregularity. This level of inspection is made under normally
available lighting conditions such as daylight, hangar lighting,
flashlight, or drop-light, and may require removal or opening of
access panels or doors. Stands, ladders, or platforms may be
required to gain proximity to the area being checked.''
Note 3: Inspections, repairs, or replacements that have been
accomplished prior to the effective date of this AD, in accordance
with Lockheed Hercules Alert Service Bulletin A382-53-57, dated
January 16, 1997, are considered acceptable for compliance with the
applicable action specified by this AD.
(1) If all fasteners are the correct size, no further action is
required by this AD.
(2) If any fastener is determined to be the incorrect size,
prior to further flight, measure the distance between the fastener
centers in accordance with the alert service bulletin.
(i) If the distance between the fastener centers is less than
0.57 inch, prior to further flight, repair in accordance with a
method approved by the Manager, Atlanta Aircraft Certification
Office (ACO), FAA, Small Airplane Directorate.
(ii) If the distance between the fastener centers is greater
than or equal to 0.57 inch, prior to further flight, accomplish the
requirements of paragraph (b) of this AD.
For Certain Airplanes: Removal of Incorrect Sized Fasteners,
Inspection, and Follow-On Actions
(b) For all airplanes on which the distance between the fastener
centers is greater than or equal to 0.57 inch: Prior to further
flight, remove any incorrect sized fastener and perform a one-time
visual inspection of the fastener holes and adjacent fuselage
structure to detect discrepancies (damage, corrosion, or misdrilled
or elongated fastener holes) in accordance Lockheed Hercules Alert
Service Bulletin A382-53-57, Revision 1, dated January 30, 1997.
(1) If no discrepancy is detected, prior to further flight,
redrill the fastener holes to the correct size and install correct
sized fasteners in accordance with the alert service bulletin.
(2) If any discrepancy is detected, prior to further flight,
redrill the fastener holes to the correct size and perform an
additional one-time visual inspection of the redrilled holes to
detect remaining discrepancies (damage, corrosion, or misdrilled or
elongated fastener holes) of the affected area, in accordance with
the alert service bulletin.
[[Page 67712]]
(i) If no remaining discrepancy is detected, prior to further
flight, install the correct sized fasteners in accordance with the
alert service bulletin.
(ii) If any remaining discrepancy is detected, prior to further
flight, repair in accordance with a method approved by the Manager,
Atlanta ACO.
Alternative Methods of Compliance
(c) 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, Atlanta ACO. Operators shall submit
their requests through an appropriate FAA Principal Maintenance
Inspector, who may add comments and then send it to the Manager,
Atlanta ACO.
Note 4: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Atlanta ACO.
Special Flight Permits
(d) 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.
Incorporation by Reference
(e) Except as provided by paragraphs (a)(2)(i) and (b)(2)(ii) of
this AD, the actions shall be done in accordance with Lockheed
Hercules Alert Service Bulletin A382-53-57, Revision 1, dated
January 30, 1997, which contains the following list of effective
pages:
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Revision level shown on
Page No. page Date shown on page
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1-6................. 1....................... January 30, 1997.
7-9................. Original................ January 16, 1997.
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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 Lockheed Martin Aeronautical Systems
Support Company (LMASSC), Field Support Department, Dept. 693, Zone
0755, 2251 Lake Park Drive, Smyrna, Georgia 30063. Copies may be
inspected at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington; or at the FAA, Small Airplane
Directorate, 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.
(f) This amendment becomes effective on January 7, 2000.
Issued in Renton, Washington, on November 23, 1999.
D.L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 99-31071 Filed 12-2-99; 8:45 am]
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