[Federal Register Volume 68, Number 77 (Tuesday, April 22, 2003)]
[Rules and Regulations]
[Pages 19728-19730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-9861]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-23-AD; Amendment 39-13126; AD 2003-08-13]
RIN 2120-AA64


Airworthiness Directives; Various Surplus Military Airplanes 
Manufactured by Consolidated, Consolidated Vultee, and Convair

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 various surplus military airplanes manufactured by 
Consolidated, Consolidated Vultee, and Convair. This action requires 
repetitive inspections to find fatigue cracks in the lower rear cap of 
the wing front spar, front spar web, and lower skin of the wings; 
repair or replacement of any cracked part with a new part; and follow-
on inspections at new intervals. This action is necessary to find and 
fix fatigue cracking, 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 May 7, 2003.
    Comments for inclusion in the Rules Docket must be received on or 
before June 23, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2003-NM-23-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. 2003-NM-23-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 FAA, Los Angeles Aircraft Certification Office, 
3960 Paramount Boulevard, Lakewood, California.

FOR FURTHER INFORMATION CONTACT: John Cecil, Aerospace Engineer, 
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification 
Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137; 
telephone (562) 627-5228; fax (562) 627-5210.

SUPPLEMENTARY INFORMATION: On July 18, 2002, while dropping retardant 
on a fire near Lyons, Colorado, a United States Department of 
Agriculture (USDA) Forest Service Model P4Y-2 airplane was involved in 
an accident, resulting from the structural failure of the center wing. 
Investigation revealed fatigue cracking in the lower rear cap of the 
wing front spar, front spar web, and lower skin of the wings. The 
fatigue cracking has been attributed to the age, time-in-service, and 
flight cycles of the airplane. Such fatigue cracking, if not found and 
fixed in a timely manner, could result in structural failure of the 
wings and consequent loss of control of the airplane.

FAA's Determination

    We have determined that high-cycle fatigue cracks in the area of 
the lower rear cap of the wing front spar, front spar web, and lower 
skin of the wings are likely to occur on various surplus military 
airplanes. Repetitive inspections of these areas are necessary to 
ensure that fatigue cracks will be found in a timely manner, and 
corrective action taken, to preclude crack growth to a size that would 
create an unacceptable risk of structural failure. While inspection 
methodologies exist that can be used to find cracks, we are currently 
unaware of any for the subject airplanes. Therefore, owners and 
operators must submit inspection procedures and repetitive inspection 
intervals to the Manager, Los Angeles Aircraft Certification Office 
(ACO), FAA, for approval. The inspection procedures must be 
sufficiently reliable to determine the location, size, and orientation 
of cracks that are very small, so that the crack will not grow to a 
critical length at limit load before the next scheduled inspection.
    If any crack is found during any inspection, operators must replace 
the cracked part with a new part; or repair and inspect at new 
intervals per a method approved by the FAA.

Explanation of the Requirements of the Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other surplus military airplanes of the same type 
design, this

[[Page 19729]]

AD is being issued to find and fix fatigue cracking of the wings, which 
could result in structural failure of the wings and consequent loss of 
control of the airplane. This AD requires repetitive inspections to 
find cracks in the lower rear cap of the wing front spar, front spar 
web, and lower skin of the wings; and repair or replacement of any 
cracked part with a new part; and follow-on inspections at new 
intervals.

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 2003-NM-23-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

0
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

0
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]

0
2. Section 39.13 is amended by adding the following new airworthiness 
directive:

2003-08-13 Various surplus military airplanes manufactured by 
Consolidated, Consolidated Vultee, and Convair: Amendment 39-13126. 
Docket 2003-NM-23-AD.

    Applicability: Including, but not limited to, all of the 
following surplus military airplanes, certificated in any category:

Consolidated Vultee Model PB4Y-1, P4Y-2, and LB-30 airplanes;
Consolidated and Convair Model B-24 airplanes; and
Consolidated Model C-109 and C-87 airplanes.

    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 find and fix fatigue cracking in the lower rear cap of the 
wing front spar, front spar web, and lower skin of the wings, which 
could result in structural failure of the wings and consequent loss 
of control of the airplane, accomplish the following:

Initial & Repetitive Inspections

    (a) Within 30 days after the effective date of this AD, do the 
actions specified in paragraphs (a)(1) and (a)(2) of this AD per a 
method approved by the Manager, Los Angeles Certification Office 
(ACO), FAA.
    (1) Do an inspection (between 39 and 63 inches outboard of the 
airplane center line on both the left and right sides of the wings) 
to find cracks in the lower rear cap of the wing front spar, front 
spar web, and lower skin of the wings localized under the front spar 
lower cap. Special detailed inspection procedures must be 
sufficiently reliable to determine the location, size, and 
orientation of the cracks.
    (2) Develop repetitive inspection intervals that prevent crack 
growth from exceeding the minimum residual strength required to 
support limit load on the affected structure. The repetitive 
inspection intervals must be approved by the Manager, Los Angeles 
ACO. Thereafter, do the inspection approved per paragraph (a)(1) of 
this AD at the intervals approved per this paragraph.
    (b) If any crack is found during any inspection required by this 
AD, before further flight, do the action(s) specified in paragraphs 
(b)(1) and (b)(2) of this AD per a method approved by the Manager, 
Los Angeles ACO.
    (1) Repair or replace the cracked part or structure.
    (2) Repeat the inspection required by paragraph (a)(1) of this 
AD at reduced intervals approved by the Manager, Los Angeles ACO to 
find cracks before the growth is critical and exceeds the minimum 
residual strength required to support limit load on the affected 
structure.

[[Page 19730]]

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

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Los Angeles ACO.

Special Flight Permits

    (d) Special flight permits may be issued in accordance with 
Sec. Sec.  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

    (e) This amendment becomes effective on May 7, 2003.

    Issued in Renton, Washington, on April 16, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-9861 Filed 4-21-03; 8:45 am]
BILLING CODE 4910-13-P