[Federal Register Volume 60, Number 26 (Wednesday, February 8, 1995)]
[Proposed Rules]
[Pages 7480-7482]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3073]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 94-NM-240-AD]


Airworthiness Directives; Lockheed Model 382 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the supersedure of an existing 
airworthiness directive (AD), applicable to certain Lockheed Model 382 
series airplanes, that currently requires a revision to the Airplane 
Flight Manual to require takeoff operation in accordance with revised 
performance data. This action would require installation of certain 
valve housings for the propeller [[Page 7481]] governor on the outboard 
engines. This proposal is prompted by a report of a change that had 
been incorporated into the propeller governor of these airplanes during 
production, which altered the thrust decay characteristic of the 
propeller when operating in an engine failure scenario. The actions 
specified by the proposed AD are intended to ensure that the airplane 
maintains adequate thrust decay characteristics in the event of 
critical engine failure during takeoff.

DATES: Comments must be received by April 6, 1995.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 94-NM-240-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except 
Federal holidays.
    The service information referenced in the proposed rule may be 
obtained from Lockheed Aeronautical Systems Support Company, 2251 Lake 
Park Drive, Smyrna, Georgia 30080. 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, 1701 
Columbia Avenue, Suite 2-160, College Park, Georgia.

FOR FURTHER INFORMATION CONTACT: Thomas Peters, Aerospace Engineer, 
FAA, Flight Test Branch, ACE-160, Small Airplane Directorate, Atlanta 
Aircraft Certification Office, Campus Building, 1701 Columbia Avenue, 
Suite 2-160, College Park, Georgia 30337-2748; telephone (404) 305-
7367; fax (404) 305-7348.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed 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 above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed 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 summarizing each FAA-public contact concerned with 
the substance of this proposal 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 Number 94-NM-240-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-103, Attention: Rules 
Docket No. 94-NM-240-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On June 23, 1994, the FAA issued AD 94-14-09, amendment 39-8961 (59 
FR 35236, July 11, 1994), applicable to certain Lockheed Model 382 
series airplanes, to require a revision to the Airplane Flight Manual 
(AFM) to require takeoff operation in accordance with revised 
performance data. That action was prompted by a report of a change that 
had been incorporated into the propeller governor of these airplanes 
during production, which altered the thrust decay characteristic of the 
propeller when operating in an engine failure scenario. The 
requirements of that AD are intended to ensure that the airplane is 
operated at sufficient speeds to mitigate the problems associated with 
a faster thrust decay and to prevent the airplane from departing the 
side of the runway.
    In the preamble to AD 94-14-09, the FAA indicated that the AFM 
revision required by that AD was considered to be only ``interim 
action'' until a design change in the propeller governor was developed 
to address the ground minimum control speed (Vmcg) characteristics. The 
FAA also indicated that, once such a design change was developed, 
approved, and available, the FAA would consider further rulemaking on 
this subject.
    The manufacturer recently has advised the FAA that it has been 
unable to develop a new modification of the subject governors (which 
have servo-type valve housing assemblies, having part number 714325-2, 
-3, -5, -6, or -7) that would provide adequate thrust decay 
characteristics. However, the manufacturer has advised that propeller 
governors with valve housing assemblies having part number 714325-1, 
which were manufactured before the line production change, do provide 
adequate thrust decay characteristics. On the basis of the data 
presented, the FAA finds that installation of these valve housing 
assemblies having part number 714325-1 will ensure adequate thrust 
decay characteristics in the event of a critical engine failure during 
takeoff and, thus, will positively address the unsafe condition 
presented by fast thrust decay. This proposed rulemaking follows from 
that determination.
    Since the problem associated with maintaining adequate thrust decay 
characteristics of the propeller when operating in an engine failure 
scenario is likely to exist or develop on other products of this same 
type design, the proposed AD would supersede AD 94-14-09 to require 
removal of any servo-type valve housing assembly, having part number 
714325-2, -3, -5, -6, or -7 installed on any outboard engine, and 
replacement of those assemblies with part number 714325-1. Replacement 
would be required in accordance with Lockheed Document SMP-515C, Card 
No. CO-135. The proposed compliance time of 24 months is considered 
adequate to accomplish the replacement during normal maintenance 
schedules, and also is considered to be ample time for obtaining 
required parts. Installation of valve housing assemblies, having part 
number 714325-1, would constitute terminating action for the takeoff 
operation procedures required by AD 94-14-09; once the replacement is 
accomplished, the previously required AFM revision could be removed.
    As a result of recent communications with the Air Transport 
Association (ATA) of America, the FAA has learned that, in general, 
some operators may misunderstand the legal effect of AD's on airplanes 
that are identified in the applicability provision of the AD, but that 
have been altered or repaired in the area addressed by the AD. The FAA 
points out that all airplanes identified in the applicability provision 
of an AD are legally subject to the AD. If an airplane has been altered 
or repaired in the affected area in such a way as to affect compliance 
with the AD, the owner or operator is required to obtain FAA approval 
for an alternative method of compliance with the AD, in accordance with 
the paragraph of each AD that provides for such approvals. A note has 
been included in this notice to clarify this requirement.
    There are approximately 112 Model 382, 382E, and 382G series 
airplanes of the affected design in the worldwide fleet. The FAA 
estimates that 18 [[Page 7482]] airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 8 work 
hours per airplane to accomplish the proposed actions, and that the 
average labor rate is $60 per work hour. Required parts would cost 
approximately $90,000 per airplane. Based on these figures, the total 
cost impact of the proposed AD on U.S. operators is estimated to be 
$1,628,640, or $90,480 per airplane.
    The FAA has been advised that the only U.S. operator of Lockheed 
Model 382 series airplanes has already equipped half of its fleet (9 
airplanes) with the valve housing assembly that would be required by 
this proposed rule. Therefore, the future economic cost of this rule on 
U.S. operators is now only $814,320.
    The regulations proposed herein would 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 
proposal would not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this proposed 
regulation (1) is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under the DOT 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 
and (3) if promulgated, 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 copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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. App. 1354(a), 1421 and 1423; 49 U.S.C. 
106(g); and 14 CFR 11.89.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by removing amendment 39-8961 (59 FR 
35236, July 11, 1994), and by adding a new airworthiness directive 
(AD), to read as follows:

Lockheed: Docket 94-NM-240-AD. Supersedes AD 94-14-09, Amendment 39-
8961.

    Applicability: Model 382, 382E, and 382G series airplanes; 
equipped with a servo-type valve housing assembly, having part 
number 714325-2, -3, -5, -6, or -7, installed on any outboard 
engine; 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) 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 as indicated, unless accomplished 
previously.
    To ensure that the airplane maintains adequate thrust decay 
characteristics in the event of critical engine failure during 
takeoff, accomplish the following:
    (a) Within 60 days after August 10, 1994 (the effective date of 
AD 94-14-09, amendment 39-8961), revise the Limitations and 
Performance Data Sections of the FAA- approved Airplane Flight 
Manual (AFM) to include information specified in Lockheed Airplane 
Flight Manual Supplement 382-16, dated August 11, 1993, and operate 
the airplane accordingly thereafter. The requirements of this 
paragraph may be accomplished by inserting AFM Supplement 382-16 
into the AFM.
    (b) Within 24 months after the effective date of this AD, 
replace the servo-type valve housing assemblies having part number 
714325-2, -3, -5, -6, or -7, with part number 714325-1, on the 
propeller governors installed on the outboard engines, in accordance 
with Lockheed Document SMP-515C, Card No. CO-135. Replacement of 
these assemblies with part number 714325-1, constitutes terminating 
action for the requirements of paragraph (a) of this AD; once the 
replacement is accomplished, the AFM revision may be removed.

    Note 2: Propeller governors with servo-type valve housing 
assemblies having part number 714325-2, -3, -5, -6, or -7, may be 
retained or replaced with part number 714325-1 for use on the 
inboard engine positions.

    (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 Aircraft Certification 
Office (ACO), FAA, Small Airplane Directorate. 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 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Atlanta ACO.

    (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.

    Issued in Renton, Washington, on February 2, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 95-3073 Filed 2-7-95; 8:45 am]
BILLING CODE 4910-13-U