[Federal Register Volume 60, Number 191 (Tuesday, October 3, 1995)]
[Rules and Regulations]
[Pages 51712-51715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23810]



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[[Page 51713]]



DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 93-NM-219-AD; Amendment 39-9382; AD 95-20-04]


Airworthiness Directives; Lockheed Model L-1011-385-1 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 all Lockheed Model L-1011-385-1 series airplanes, that 
requires implementation of a Supplemental Inspection Document (SID) 
program of structural inspections to detect fatigue cracking, and 
repair, if necessary, to ensure continued airworthiness of these 
airplanes as they approach the manufacturer's original fatigue design 
life goal. This amendment is prompted by a structural re-evaluation by 
the manufacturer that identified certain structural details where 
fatigue damage is likely to occur. The actions specified by this AD are 
intended to prevent fatigue cracking that could compromise the 
structural integrity of these airplanes.

DATES: Effective November 2, 1995.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of November 2, 1995.

ADDRESSES: The service information referenced in this AD may be 
obtained from Lockheed Aeronautical Systems Support Company, Field 
Support Department, Dept. 693, Zone 0755, 2251 Lake Park Drive, Smyrna, 
Georgia 30080. 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, Atlanta 
Aircraft Certification Office, Small Airplane Directorate, Campus 
Building, 1701 Columbia Avenue, Suite 2-160, College Park, 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, 
Flight Test Branch, ACE-160A, FAA, 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: 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 all Lockheed Model L-1011-385-1 
series airplanes was published in the Federal Register on February 13, 
1995 (60 FR 8206). That action proposed to require a revision to the 
FAA-approved maintenance inspection program to include a Supplemental 
Inspection Document (SID) program of structural inspections. The intent 
of these inspections is to detect fatigue cracking in order to ensure 
continued airworthiness as these airplanes approach the manufacturer's 
original fatigue design life goal. The proposal also requires the 
repair of any cracking detected during those inspections.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.
    One commenter requests that the proposed compliance time of 6 
months to incorporate a revision into the FAA-approved maintenance 
inspection program be extended to 12 months. The commenter requests 
this change to accommodate operators' scheduling and engineering 
workload.
    The FAA concurs with this commenter's request to extend the 
compliance time. The FAA has determined that extending the compliance 
time by six additional months will not adversely affect safety, and 
will allow affected operators ample time to plan, schedule, and 
engineer the necessary changes required to revise the FAA-approved 
maintenance inspection program. Further, an initial compliance time of 
12 months is consistent with the compliance times provided in other 
AD's that have been issued to require the implementation of similar SID 
programs associated with various transport category airplanes 
(including the Lockheed Model L-188 series, McDonnell Douglas Model DC-
9 series, and McDonnell Douglas Model DC-10 series). Paragraph (a) of 
the final rule has been revised to extend the compliance time to 12 
months.
    One commenter requests the deletion of ``Revision A'' from the 
reference to ``Lockheed Drawing 1647194'' in paragraph (a)(5) of the 
proposal. The commenter states that this change would allow operators 
to discard Revision A after subsequent revisions of the drawings have 
been issued by Lockheed.
    The FAA concurs. The purpose of paragraph (a)(5) of the final rule 
is to point out where, specifically, in the Lockheed Document, an 
operator may find non-destructive inspection techniques that are 
acceptable methods for accomplishing the inspections required by this 
AD. Since paragraph (a)(5) of the final rule references Appendix VI of 
the Lockheed Document Number LG92ER0060, ``L-1011-385 Series 
Supplemental Inspection Document,'' the FAA finds that it is 
unnecessary to reference Lockheed Drawing 1647194. Therefore, the 
parenthetical reference to ``Revision A of Lockheed Drawing 1647194'' 
has been deleted from paragraph (a)(5) of the final rule.
    One commenter requests a revision to proposed paragraph (b) to 
permit approval of repairs by manufacturer's Designated Engineering 
Representatives (DER) or organizations that hold a Special Federal 
Aviation Regulation (SFAR) 36 authorization.
    The FAA does not concur. While it is true that DER's and SFAR 36-
authorized organizations are authorized to approve certain repairs of 
cracks that are found during routine maintenance or opportunity 
inspections, the FAA considers that cracking detected during any 
inspection of structurally significant details (SSD), required by this 
AD (and the SID program), is an indication of an airworthiness concern 
that is complex in nature. It is crucial that the FAA be aware of all 
repairs made to SSD's or to their configuration.
    Where repair data do not exist, it is essential that the FAA have 
feedback as to the type of repairs being made. Given that new relevant 
issues might possibly be revealed during this process, it is imperative 
that the FAA have such feedback. Only by reviewing repair approvals can 
the FAA be assured of this feedback and of the adequacy of the repair 
methods. The FAA has determined that standardization and continuity of 
repair approvals can best be maintained by having one single point of 
approval for all repairs of cracks in SSD's identified during SID 
inspections required by this AD. Since the Manager of the Atlanta 
Aircraft Certification Office (ACO) is accountable for the primary 
oversight for the actions regarding this AD, it is appropriate that he 
be this single point of approval. His involvement, therefore, is 
warranted in the development and approval of repairs.
    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 

[[Page 51714]]
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 added to this final rule to clarify this 
long-standing requirement.
    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the changes previously 
described. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.
    There are approximately 186 Lockheed Model L-1011-385-1 series 
airplanes of the affected design in the worldwide fleet. The FAA 
estimates that 100 airplanes of U.S. registry and 5 U.S. operators will 
be affected by this AD.
    Incorporation of the SID into an operator's maintenance program 
will take approximately 550 work hours, and the average labor rate is 
$60 per work hour. Based on these figures, the total cost impact to 
incorporate the SID into an operator's maintenance program is estimated 
to be $165,000, or $33,000 per operator.
    Initially, the FAA estimated that it would take 293 work hours to 
accomplish the 28 inspections specified in the SID, at an average labor 
rate of $60 per work hour. Based on these figures, the total cost 
impact of the AD for the first year was initially estimated to be 
$1,758,000, or $17,580 per airplane.
    However, the FAA has been advised that the terminating modification 
for the inspections of SSD 53-2-1, which is described in the Lockheed 
Document, has been accomplished on the entire U.S. fleet of Model L-
1011-385-1 series airplanes. Therefore, the inspections associated with 
SSD 53-2-1, which would have required 48 work hours per airplane to 
accomplish, will not need to be performed. In light of this, the cost 
impact for the initial inspections required by this AD is now only 
$1,470,000, or $14,700 per airplane.
    The recurring (inspection) cost impact on the affected operators is 
estimated to be 52 work hours per airplane at an average labor cost of 
$60 per work hour. Based on these figures, the annual recurring cost of 
this AD is estimated to not exceed $312,000 for the affected U.S. 
fleet, or $3,120 per airplane.
    The FAA recognizes that the obligation to maintain aircraft in an 
airworthy condition is vital, but sometimes expensive. Because AD's 
require specific actions to address specific unsafe conditions, they 
appear to impose costs that would not otherwise be borne by operators. 
However, because of the general obligation of operators to maintain 
aircraft in an airworthy condition, this appearance is deceptive. 
Attributing those costs solely to the issuance of this AD is 
unrealistic because, in the interest of maintaining safe aircraft, 
prudent operators would accomplish the required actions even if they 
were not required to do so by the AD.
    A full cost-benefit analysis has not been accomplished for this AD. 
As a matter of law, in order to be airworthy, an aircraft must conform 
to its type design and be in a condition for safe operation. The type 
design is approved only after the FAA makes a determination that it 
complies with all applicable airworthiness requirements. In adopting 
and maintaining those requirements, the FAA has already made the 
determination that they establish a level of safety that is cost-
beneficial. When the FAA, as in this AD, makes a finding of an unsafe 
condition, this means that the original cost-beneficial level of safety 
is no longer being achieved and that the required actions are necessary 
to restore that level of safety. Because this level of safety has 
already been determined to be cost-beneficial, a full cost-benefit 
analysis for this AD would be redundant and unnecessary.
    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 USC 106(g), 40101, 40113, 44701.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

95-20-04 Lockheed: Amendment 39-9382. Docket 93-NM-219-AD.

    Applicability: All Model L-1011-385-1, L-1011-385-1-14, and L-
1011-385-1-15 series 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 (d) 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 as indicated, unless accomplished 
previously. -To prevent fatigue cracking that could compromise the 
structural integrity of these airplanes, accomplish the following:
    (a) Within 12 months after the effective date of this AD, 
incorporate a revision into the FAA-approved maintenance inspection 
program which provides for inspection(s) of the structurally 
significant details (SSD) defined in Lockheed Document Number 
LG92ER0060, ``L-1011-385 Series Supplemental Inspection Document,'' 
revised January 1994.
    (1) The initial inspection for each SSD must be performed within 
one repeat interval after the effective date of this AD, or prior to 
the threshold specified in the Lockheed Document for that SSD, 
whichever occurs later. 

[[Page 51715]]

    (2) A 10 percent deviation from the repetitive interval 
specified in the Lockheed Document for that SSD is acceptable to 
allow for planning and scheduling time.
    (3) If the Lockheed Document specifies that inspection of any 
SSD be performed at every ``C'' check, those inspections must be 
performed at intervals not to exceed 5,000 hours time-in-service or 
2,500 flight cycles, whichever occurs earlier.
    (4) If the Lockheed Document specifies either the initial 
inspection or the repetitive inspection intervals for any SSD in 
terms of flight hours or flight cycles, the inspection shall be 
performed prior to the earlier of the terms (whichever occurs first 
on the airplane: either accumulated number of flight hours, or 
accumulated number of flight cycles).
    (5) The non-destructive inspection techniques referenced in 
Appendix VI of the Lockheed Document provide acceptable methods for 
accomplishing the inspections required by this AD.
    (b) If any cracking is found in any SSD, prior to further 
flight, repair in accordance with either paragraph (b)(1), (b)(2), 
or (b)(3) of this AD:
    (1) In accordance with the applicable service bulletin 
referenced in Lockheed Document Number LG92ER0060, ``L-1011-385 
Series Supplemental Inspection Document,'' revised January 1994; or
    (2) In accordance with the Structural Repair Manual; or
    (3) In accordance with a method approved by the Manager, Atlanta 
Aircraft Certification Office (ACO), FAA, Small Airplane 
Directorate.
    (c) Within 30 days after returning the airplane to service, 
subsequent to accomplishment of the inspection(s) specified in 
Lockheed Document Number LG92ER0060, ``L-1011-385 Series 
Supplemental Inspection Document,'' revised January 1994, submit a 
report of the results (positive or negative) of the inspection(s) to 
Lockheed in accordance with Section V., Data Reporting System (DRS), 
of the Lockheed Document. Information collection requirements 
contained in this regulation have been approved by the Office of 
Management and Budget (OMB) under the provisions of the Paperwork 
Reduction Act of 1980 (44 U.S.C. 3501 et seq.) and have been 
assigned OMB Control Number 2120-0056.
    (d) 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, 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 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Atlanta ACO.

    (e) 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.
    (f) The incorporation of the revision and reporting requirements 
shall be done in accordance with Lockheed Document Number 
LG92ER0060, ``L-1011-385 Series Supplemental Inspection Document,'' 
revised January 1994, which contains the following list of effective 
pages:

------------------------------------------------------------------------
                                                Revision                
                  Page No.                     level shown   Date shown 
                                                 on page       on page  
------------------------------------------------------------------------
List of active pages, pages 1-2 -...........  None-.......  None.       
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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 Aeronautical Systems 
Support Company, Field Support Department, Dept. 693, Zone 0755, 
2251 Lake Park Drive, Smyrna, Georgia 30080. Copies may be inspected 
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., 
Renton, Washington; or at the FAA, Atlanta Aircraft Certification 
Office, Small Airplane Directorate, Campus Building, 1701 Columbia 
Avenue, Suite 2-160, College Park, Georgia; or at the Office of the 
Federal Register, 800 North Capitol Street, NW., suite 700, 
Washington, DC.
    (g) This amendment becomes effective on November 2, 1995.

    Issued in Renton, Washington, on September 20, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 95-23810 Filed 10-2-95; 8:45 am]
BILLING CODE 4910-13-U