[Federal Register Volume 67, Number 187 (Thursday, September 26, 2002)]
[Rules and Regulations]
[Pages 60556-60558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24415]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-220-AD; Amendment 39-12893; AD 2002-19-13]
RIN 2120-AA64


Airworthiness Directives; Certain Airplanes Originally 
Manufactured by Lockheed

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
is applicable to certain airplanes originally manufactured by Lockheed 
for the military as the P2V. This action requires, among other actions, 
repetitive dye penetrant and detailed inspections to detect cracks in 
certain areas located on the left- and right-side lower wing surface 
between the fuselage and inboard engine nacelle; repetitive detailed 
inspections of adjacent areas; and repair, if necessary. This action 
also requires operators to submit a report of the initial inspection 
findings. This action is necessary to detect and correct stress-related 
cracking on the left- and right-side lower wing surface between the 
fuselage and inboard engine nacelle, which could result in structural 
failure of the wings and consequent loss of control of the airplane. 
This action is intended to address the identified unsafe condition.

DATES: Effective October 1, 2002.
    Comments for inclusion in the Rules Docket must be received on or 
before November 25, 2002.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-220-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2002-NM-220-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    Information pertaining to this AD may be examined at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington; or at the Denver Aircraft Certification Office (ACO), FAA, 
26805 E. 68th Avenue, Room 214, Denver, Colorado.

FOR FURTHER INFORMATION CONTACT: Roger Caldwell, Aerospace Engineer, 
ANM-100D, FAA, Denver ACO, 26805 E. 68th Avenue, Room 214, Denver, 
Colorado, 80249-6361; telephone (303) 342-1086; fax (303) 342-1088.

SUPPLEMENTARY INFORMATION: The FAA has received reports of extensive 
cracking found on the left- and right-side lower wing surface between 
the fuselage and inboard engine nacelle on certain airplanes originally 
manufactured by Lockheed that, in some cases, are used for the special 
purpose of forest and wildlife conservation (fighting fires). The 
cracking generally started from the fuel tank inspection cutouts and 
access holes (panels 53, and 151 through 153 inclusive) in a chordwise 
direction. Such cracking may be caused by the age of the airplanes and 
high stresses that occur during fire-fighting missions. Such cracking, 
if not detected and corrected, could result in structural failure of 
the wings and consequent loss of control of the airplane.

FAA's Determination

    We have determined that repetitive dye penetrant and detailed 
inspections of the left- and right-side lower wing surface between the 
fuselage and inboard engine nacelle, and repetitive detailed 
inspections of adjacent areas are necessary to ensure that cracks will 
be detected, and corrective action taken (before further flight), to 
preclude crack growth to a size that would create an unacceptable risk 
of structural failure.
    Based on the reports of cracking, the required inspections focus on 
the lower wing surface area surrounding the access holes. The 
identified method of inspection is considered adequate to detect any 
cracking in those areas. Also, based on the reports of cracking, and 
considering the loading environment the affected airplanes may be 
subjected to in a fire-fighting mission, we have determined that an 
initial dye penetrant inspection should be performed within

[[Page 60557]]

5 days or 50 flight cycles after the effective date of this AD, 
depending on the repair configuration of the airplane, and that a 
detailed inspection should be performed within 5 days after the 
effective date of this AD.
    We also have determined that operators need to submit a report of 
the initial inspection findings to us. The intent of these required 
inspection reports is to enable us to determine how widespread such 
cracking problems may be in the affected fleet. Based on the results of 
these reports, further corrective action may be warranted.

Explanation of the Requirements of the Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes originally manufactured by Lockheed 
of the same type design that, in some cases, are used for the special 
purposes of forest and wildlife conservation (fighting fires), this AD 
is being issued to detect and correct stress-related cracking on the 
left- and right-side lower wing surface between the fuselage and 
inboard engine nacelle, which could result in structural failure of the 
wings and consequent loss of control of the airplane. This AD requires 
repetitive dye penetrant and detailed inspections to detect cracks in 
certain areas located on the left- and right-side lower wing surface 
between the fuselage and inboard engine nacelle; repetitive detailed 
inspections of adjacent areas; and repair, if necessary. This AD also 
requires ensuring that the surfaces are thoroughly cleaned and dried 
before doing any dye penetrant inspection, and free of contaminants, 
paint, and other coatings that could prevent dye penetrant from 
entering discontinuities. This AD also requires that operators submit a 
report of the initial inspection findings to the FAA.

Interim Action

    This is considered to be interim action until final action is 
identified, at which time we may consider further rulemaking.

Determination of Rule's Effective Date

    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, was not preceded by 
notice and an opportunity for public comment, comments are invited on 
this rule. Interested persons are invited to comment on this 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 under the caption ADDRESSES. All 
communications received on or before the closing date for comments will 
be considered, and this rule may be amended in light of the comments 
received. Factual information that supports the commenter's ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
AD action and determining whether additional rulemaking action would be 
needed.
    Submit comments using the following format:
    [sbull] Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
    [sbull] For each issue, state what specific change to the AD is 
being requested.
    [sbull] Include justification (e.g., reasons or data) for each 
request.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the 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 that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2002-NM-220-AD.'' The postcard will be date stamped 
and returned to the commenter.

Regulatory Impact

    The regulations adopted herein will not have a substantial direct 
effect 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, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it is not a ``significant regulatory 
action'' under Executive Order 12866. It has been determined further 
that this action involves an emergency regulation under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). If it is 
determined that this emergency regulation otherwise would be 
significant under DOT Regulatory Policies and Procedures, a final 
regulatory evaluation will be prepared and placed in the Rules Docket. 
A copy of it, if filed, 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, 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:

2002-19-13 Airplanes Originally Manufactured by Lockheed: Amendment 
39-12893. Docket 2002-NM-220-AD.

    Applicability: All of the following airplanes, certificated in 
any category:
    Aero Union Corporation Model SP-2H (P2V-7) airplanes, Type 
Certificate Data Sheet (TCDS) No. A24NM, Revision 0;
    Central Air Service, Inc., Model SP-2H (P2V-7) airplanes, TCDS 
No. A40CE, Revision 0;
    Evergreen Air Center Model SP-2H (identified on TCDS as ``2P-2H 
(P2V-7)'') airplanes, TCDS No. A1RM, Revision 2;
    Hawkins and Powers Aviation, Inc., Model SP-2H (identified on 
TCDS as ``HP-P2V-7'') airplanes, TCDS No. A34NM, Revision 0;
    Minden Air Corporation Model SP-2H (P2V-7) airplanes, TCDS No. 
A36NM, Revision 2;
    Neptune Aviation Service, Inc., Model SP-2H (P2V-7) airplanes, 
TCDS No. A15SW, Revision 1; and
    U.S. Department of Agriculture Model SP-2E (P2V-5F) airplanes, 
TCDS No. A17EA, Revision 2.

    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

[[Page 60558]]

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 (f) 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 detect and correct stress-related cracking on the left- and 
right-side lower wing surface between the fuselage and inboard 
engine nacelle, which could result in structural failure of the 
wings and consequent loss of control of the airplane, accomplish the 
following:

Compliance Times for Inspections

    (a) The inspection requirements of this AD must be done at the 
times listed in the following table:

                                     Table--Compliance Times for Inspections
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              Airplanes                Initial compliance time    Repetitive interval        Required actions
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For airplanes on which a repair has    Within 50 flight cycles  Every 50 flight cycles.  Actions specified in
 been done to correct cracking on the   after the effective                               paragraph (b) of this
 lower wing surface.                    date of this AD.                                  AD.
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For airplanes on which a repair has    Within 5 days after the  Every 50 flight cycles.  Actions specified in
 NOT been done to correct cracking on   effective date of this                            paragraph (b) of this
 the lower wing surface.                AD.                                               AD.
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For all airplanes....................  Within 5 days after the  Every 5 flight cycles..  Action specified in
                                        effective date of this                            paragraph (c) of this
                                        AD.                                               AD.
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Dye Penetrant and Detailed Inspections

    (b) Do the actions specified in paragraphs (b)(1) and (b)(2) of 
this AD.
    (1) Do a dye penetrant inspection to detect cracks in the areas 
specified in paragraphs (b)(1)(i) and (b)(1)(ii) of this AD, located 
on the left- and right-side lower wing surface between the fuselage 
and inboard engine nacelle. Ensure that the surfaces are thoroughly 
cleaned and dried before doing any dye penetrant inspection, and 
free of contaminants, paint, and other coatings that could prevent 
dye penetrant from entering discontinuities. Further guidance on dye 
penetrant inspections is provided in Chapter 5, Section 5 of 
Advisory Circular (AC) 43.13-1B.
    (i) On the external surface within 3 inches from the edge of all 
access holes.
    (ii) On the internal surface or doubler within 1 inch from the 
edge of all access holes.
    (2) Do a detailed inspection to detect cracks of the areas 
adjacent to those identified in paragraph (b)(1) of this AD.

    Note 2: For the purposes of this AD, a detailed inspection is 
defined as: ``An intensive visual examination of a specific 
structural area, system, installation, or assembly to detect damage, 
failure, or irregularity. Available lighting is normally 
supplemented with a direct source of good lighting at intensity 
deemed appropriate by the inspector. Inspection aids such as mirror, 
magnifying lenses, etc., may be used. Surface cleaning and elaborate 
access procedures may be required.''

    (c) Do a detailed inspection to detect cracks of the surface 
around all access holes located on the left- and right-side external 
lower wing surface between the fuselage and the inboard engine 
nacelle, and adjacent areas.

Corrective Action

    (d) If any crack is detected during any inspection required by 
paragraph (b) or (c) of this AD, before further flight, repair per a 
method approved by the Manager, Denver Aircraft Certification Office 
(ACO), FAA.

Reporting Requirement

    (e) Submit a report of inspection findings (both positive and 
negative) to the Manager, Denver ACO, FAA, 26805 E. 68th Avenue, 
Room 214, Denver, Colorado 80249-6361; fax (303) 342-1088; at the 
applicable time specified in paragraph (e)(1) or (e)(2) of this AD. 
(The report must include the inspection results, a description of 
any discrepancy found (e.g., crack length and location) and any 
repair done on the lower wing surface if applicable, and airplane 
serial number.) Information collection requirements contained in 
this AD 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.
    (1) For airplanes on which the initial inspections required by 
paragraphs (b)(1), (b)(2), and (c) of this AD are accomplished after 
the effective date of this AD: Submit the report within 10 days 
after performing those initial inspections.
    (2) For airplanes on which the initial inspections required by 
paragraphs (b)(1), (b)(2), and (c) of this AD have been accomplished 
before the effective date of this AD: Submit the report within 10 
days after the effective date of this AD.

Alternative Methods of Compliance

    (f) 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, Denver ACO, FAA. Operators shall 
submit their requests through an appropriate FAA Principal 
Maintenance Inspector, who may add comments and then send it to the 
Manager, Denver ACO.

    Note 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Denver ACO.

Special Flight Permits

    (g) 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.

Effective Date

    (h) This amendment becomes effective on October 1, 2002.

    Issued in Renton, Washington, on September 20, 2002.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-24415 Filed 9-23-02; 12:24 pm]
BILLING CODE 4910-13-P