[Federal Register Volume 68, Number 170 (Wednesday, September 3, 2003)]
[Rules and Regulations]
[Pages 52337-52339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22382]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-164-AD; Amendment 39-13292; AD 2003-18-01]
RIN 2120-AA64


Airworthiness Directives; General Dynamics (Convair) Model P4Y-2 
Airplanes, General Dynamics (Consolidated-Vultee) (Army) Model LB-30 
Airplanes, and General Dynamics (Consolidated) (Army) Model C-87A 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment supersedes an existing airworthiness directive 
(AD), applicable to various surplus military airplanes manufactured by 
Consolidated, Consolidated Vultee, and Convair, that currently 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 amendment continues to require 
those actions and revises and clarifies the applicability of the 
existing AD. The actions specified in this AD are intended 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 September 18, 2003.
    Comments for inclusion in the Rules Docket must be received on or 
before November 3, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2003-NM-164-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-164-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 April 16, 2003, the FAA issued AD 2003-
08-13, amendment 39-13126 (68 FR 19728, April 22, 2003), applicable to 
various surplus military airplanes manufactured by Consolidated, 
Consolidated Vultee, and Convair, to require 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. That action was prompted by an accident resulting from the 
structural failure of the center wing of a United States Department of 
Agriculture (USDA) Forest Service Model P4Y-2 airplane, and results of 
an investigation, which revealed fatigue cracking of the lower rear cap 
of the wing font spar, front spar web, and lower skin of the wings. 
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.

Actions Since Issuance of Previous Rule

    Since the issuance of that AD, the FAA has received inquiries 
concerning the applicability of the AD. The commenters indicate that 
the applicability of the AD, as published, contains a phrase that could 
lead the reader to believe that the AD applies to all former military 
surplus aircraft, rather than just those airplanes specifically called 
out by model in the AD.

[[Page 52338]]

    We agree that using the phrase ``including, but not limited to, all 
of the following surplus military airplanes'' in the applicability of 
the existing AD may be misleading; therefore, we have clarified the 
applicability of this new AD by removing that phrase. We also have 
revised the applicability to retain only those airplane models for 
which a U.S. type certificate has been issued: General Dynamics 
(Consolidated-Vultee) (Army) Model LB-30 airplanes, and General 
Dynamics (Convair) Model P4Y-2 airplanes. Additionally, this AD adds a 
new airplane model, General Dynamics (Consolidated) (Army) Model C-87A 
airplanes, to the applicability of this AD. Other models specified in 
the existing AD have been removed from the applicability of this new 
AD.

Explanation of Requirements of Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design, this AD 
supersedes AD 2003-08-13 to continue to require 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. As specified above, this AD clarifies and revises the 
applicability of the existing AD to add another airplane model and 
remove certain other airplane models.

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.

Changes to 14 CFR part 39/Effect on the AD

    On July 10, 2002, the FAA issued a new version of 14 CFR part 39 
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness 
directives system. The regulation now includes material that relates to 
altered products, special flight permits, and alternative methods of 
compliance. Because we have now included this material in part 39, only 
the office authorized to approve AMOCs is identified in each individual 
AD.

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-164-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 removing amendment 39-13126 (68 FR 
19728, April 22, 2003), and by adding a new airworthiness directive 
(AD), amendment 39-13292, to read as follows:

2003-18-01 General Dynamics (Convair), General Dynamics 
(Consolidated-Vultee) (Army), and General Dynamics (Consolidated) 
(Army): Amendment 39-13292. Docket 2003-NM-164-AD. Supersedes AD 
2003-08-13, Amendment 39-13126.

    Applicability: All Model P4Y-2 airplanes, Model LB-30 airplanes, 
and Model C-87A airplanes; certificated in any category.
    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 and Repetitive Inspections for Certain Airplanes

    (a) For Models P4Y-2 and LB-30 airplanes: Within 30 days after 
May 7, 2003 (the effective date of AD 2003-08-13, amendment 39-
13126), do the actions specified in

[[Page 52339]]

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.

Initial and Repetitive Inspections for Model C-87A Airplanes

    (b) For all Model C-87A airplanes: Within 30 days after the 
effective date of this AD, do the actions specified in paragraphs 
(b)(1) and (b)(2) of this AD per a method approved by the Manager, 
Los Angeles ACO.
    (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 (b)(1) of 
this AD at the intervals approved per this paragraph.

If Any Cracking Is Found

    (c) If any crack is found during any inspection required by this 
AD, before further flight, do the action(s) specified in paragraphs 
(c)(1) and (c)(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.

Alternative Methods of Compliance

    (d) In accordance with 14 CFR 39.19, the Manager, Los Angeles 
ACO, FAA, is authorized to approve alternative methods of compliance 
for this AD.

Effective Date

    (e) This amendment becomes effective on September 18, 2003.

    Issued in Renton, Washington, on August 19, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-22382 Filed 9-2-03; 8:45 am]
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