[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:

------------------------------------------------------------------------
                       Revision level shown on
      Page No.                  page               Date shown on page
------------------------------------------------------------------------
1-6.................  1.......................  January 30, 1997.
7-9.................  Original................  January 16, 1997.
------------------------------------------------------------------------

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]
BILLING CODE 4910-13-U