[Federal Register Volume 70, Number 3 (Wednesday, January 5, 2005)]
[Rules and Regulations]
[Pages 687-689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-104]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-18557; Directorate Identifier 2003-NM-174-AD; 
Amendment 39-13926; AD 2005-01-02]
RIN 2120-AA64


Airworthiness Directives; Lockheed Model 1329 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Lockheed Model 1329 series airplanes. This AD requires 
repetitive inspections to detect crack damage in the front spar cap 
assembly of the lower vertical stabilizer; reworking the spar cap 
doublers if no crack damage is found during any inspection; and 
repairing if any crack damage is found during any inspection. This AD 
is prompted by reports of cracks in the front spar cap assembly of the 
lower vertical stabilizer at box beam station 24 on the aft side of the 
25% chord line. We are issuing this AD to find and fix cracks in the 
front spar cap assembly of the lower vertical stabilizer, which could 
result in rapid crack propagation and failure of the front spar cap. 
Failure of the front spar cap could lead to loss of rudder control and 
consequent reduced controllability of the airplane.

DATES: This AD becomes effective February 9, 2005.
    The incorporation by reference of certain publications listed in 
the AD is approved by the Director of the Federal Register as of 
February 9, 2005.

ADDRESSES: For service information identified in this AD, contact 
Lockheed Martin Aircraft & Logistics Center, 120 Orion Street, 
Greenville, South Carolina 29605. You can examine this information at 
the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call (202) 
741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    You can examine the contents of this AD docket on the Internet at 
http://dms.dot.gov, or at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street, SW., room PL-401, on 
the plaza level of the Nassif Building, Washington, DC. This docket 
number is FAA-2004-18557; the directorate identifier for this docket is 
2003-NM-174-AD.

[[Page 688]]


FOR FURTHER INFORMATION CONTACT: 
    Technical information: Carl Gray, Aerospace Engineer, Airframe 
Branch, ACE-117A, FAA, Atlanta Aircraft Certification Office, One Crown 
Center, 1895 Phoenix Boulevard, suite 450, Atlanta, Georgia 30349; 
telephone (770) 703-6131; fax (770) 703-6097.
    Plain language information: Marcia Walters, [email protected].

Examining the Docket

    The AD docket contains the proposed AD, comments, and any final 
disposition. You can examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES section.

SUPPLEMENTARY INFORMATION: The FAA proposed to amend 14 CFR part 39 
with an AD for certain Lockheed Model 1329 series airplanes. That 
action, published in the Federal Register on July 7, 2004 (69 FR 
40821), proposed to require repetitive inspections to detect crack 
damage in the front spar cap assembly of the lower vertical stabilizer; 
reworking the spar cap doublers if no crack damage is found during any 
inspection; and repairing if any crack damage is found during any 
inspection.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comment that has been 
submitted on the proposed AD.

Request To Withdraw Proposed AD

    One commenter contends that the FAA should not classify cracking of 
the front spar cap assembly of the lower vertical stabilizer as a 
safety issue. The commenter justifies this statement by saying that we 
have known about the cracking for over four years, and if it is a true 
safety issue, we would have addressed it either many years ago, or last 
year when Lockheed Service Bulletin 329-302, dated July 9, 2003 (for 
Model 1329-23A, -23D, and -23E series airplanes); and Lockheed Service 
Bulletin 329II-55-4, dated July 9, 2003 (for Model 1329-25 series 
airplanes) were published. While the commenter does not explicitly make 
a request, we infer from its statements that the commenter requests to 
withdraw the proposed AD. The commenter also asks the following 
questions:
    1. What analysis has been done to show that cracking will not cause 
a problem until 301 flight hours?
    2. Have we been lucky that cracking has not caused safety issues in 
the last four years?
    3. How could cracking possibly affect the rudder? Would the entire 
tail depart from the aircraft?
    We do not agree with the commenter. To withdraw this action would 
be inappropriate, since we have determined that an unsafe condition 
exists and that inspections must be conducted to ensure continued 
safety. We have provided answers to the commenter's questions below:
    1. Lockheed Martin Engineering performed damage tolerance analysis 
(DTA) to establish the inspection intervals for cracking. Based on this 
data, it has recommended inspection intervals of 300 flight hours for 
airplanes that have accumulated fewer than 10,000 total flight hours 
and 150 flight hours for airplanes that have accumulated 10,000 or more 
total flight hours. We agree with its analysis and the inspection 
intervals it recommended in Lockheed Service Bulletin 329-302; and 
Lockheed Service Bulletin 329II-55-4.
    2. We have determined that there have not been any serious 
accidents related to the unsafe condition addressed in this AD because 
of the small number of Lockheed Model 1329 series airplanes in the U.S. 
fleet and the low utilization of those airplanes. Also, some operators 
have already found Model 1329 series airplanes with cracking of the 
front spar cap assembly of the lower vertical stabilizer and have 
repaired those airplanes.
    3. Cracks in the front spar cap assembly of the lower vertical 
stabilizer, if allowed to propagate, substantially reduce the 
structural load capability of the rudder spar. This condition could 
lead to spar failure. Failure of the rudder spar cap could lead to 
operational handling problems of the rudder, which could cause loss of 
control of the airplane.

Explanation of Changes Made to This AD

    For clarification, we have revised the definition of a ``detailed 
inspection'' in this final rule.
    We inadvertently misstated the compliance time for paragraph (g)(2) 
of this AD and have clarified it accordingly.

Conclusion

    We have carefully reviewed the available data, including the 
comment that has been submitted, and determined that air safety and the 
public interest require adopting the AD with the changes described 
previously. We have determined that these changes will neither increase 
the economic burden on any operator nor increase the scope of the AD.

Costs of Compliance

    This AD affects about 85 airplanes of U.S. registry and 98 
airplanes worldwide. The required actions take about 1 work hour per 
airplane, at an average labor rate of $65 per work hour. No parts are 
required. Based on these figures, the estimated cost of the AD for U.S. 
operators is $5,525, or $65 per airplane.

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is 
found in title 49 of the United States Code. Subtitle I, section 106 
describes the authority of the FAA Administrator. Subtitle VII, 
Aviation Programs, describes in more detail the scope of the agency's 
authority.
    This rulemaking is promulgated under the authority described in 
subtitle VII, part A, subpart III, section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this AD.

Regulatory Findings

    We have determined that this AD will not have federalism 
implications under Executive Order 13132. This AD 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.
    For the reasons discussed above, I certify that this AD:
    (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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD. See the ADDRESSES section for

[[Page 689]]

a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2005-01-02 Lockheed: Amendment 39-13926. Docket No. FAA-2004-18557; 
Directorate Identifier 2003-NM-174-AD.

Effective Date

    (a) This AD becomes effective February 9, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Lockheed Model 1329-23A, -23D, and -23E 
series airplanes, serial numbers 5001 through 5162 inclusive, and 
Lockheed Model 1329-25 series airplanes, serial numbers 5201 through 
5240 inclusive; certificated in any category.

Unsafe Condition

    (d) This AD was prompted by reports of cracks in the front spar 
cap assembly of the lower vertical stabilizer at box beam station 24 
on the aft side of the 25% chord line. We are issuing this AD to 
find and fix cracks in the front spar cap assembly of the lower 
vertical stabilizer, which could result in rapid crack propagation 
and failure of the front spar cap, leading to loss of rudder control 
and consequent reduced controllability of the airplane.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Service Bulletin References

    (f) The term ``service bulletin,'' as used in this AD, means the 
Accomplishment Instructions of the following service bulletins, as 
applicable:
    (1) For Model 1329-23A, -23D, and -23E series airplanes: 
Lockheed Service Bulletin 329-302, dated July 9, 2003; and
    (2) For Model 1329-25 series airplanes: Lockheed Service 
Bulletin 329II-55-4, dated July 9, 2003.

Initial and Repetitive Inspections

    (g) Do a detailed inspection to detect any crack damage in the 
left and right radius detail of the spar cap doublers, at the 
applicable time specified in paragraph (g)(1) or (g)(2) of this AD, 
in accordance with the service bulletin.

    Note 1: For the purposes of this AD, a detailed inspection is 
defined as: ``An intensive examination of a specific item, 
installation, or assembly to detect damage, failure, or 
irregularity. Available lighting is normally supplemented with a 
direct source of good lighting at an intensity deemed appropriate. 
Inspection aids such as mirror, magnifying lenses, etc., may be 
necessary. Surface cleaning and elaborate procedures may be 
required.''

    (1) For airplanes that have accumulated 10,000 or more total 
flight hours as of the effective date of this AD: Inspect within 150 
flight hours after the effective date of this AD. Repeat the 
detailed inspection thereafter at intervals not to exceed 150 flight 
hours.
    (2) For airplanes that have accumulated fewer than 10,000 total 
flight hours as of the effective date of this AD: Inspect within 300 
flight hours after the effective date of this AD. Repeat the 
detailed inspection thereafter at intervals not to exceed 300 flight 
hours. At the time the airplane has accumulated 10,000 or more total 
flight hours, repeat the detailed inspection thereafter at intervals 
not to exceed 150 flight hours.

No Damage Detected

    (h) If no crack damage is found during any inspection required 
by paragraph (g) of this AD, before further flight, rework the spar 
cap doublers by performing the actions in paragraphs (h)(1) and 
(h)(2) of this AD, in accordance with the service bulletin.
    (1) Remove all burrs, sharp edges, and extraneous tool marks by 
smoothing the radius to an RMS 125 finish.
    (2) Touch up finish to prevent corrosion.

Damage Detected: Corrective Action

    (i) If any crack damage is found during any inspection required 
by paragraph (g) of this AD, and the service bulletin specifies to 
contact Lockheed Martin Technical Support Center for repair 
instructions: Before further flight, repair in accordance with a 
method approved by the Manager, Atlanta Aircraft Certification 
Office (ACO), FAA. For a repair method to be approved by the 
Manager, Atlanta ACO, as required by this paragraph, the Manager's 
approval letter must specifically refer to this AD.

Parts Installation

    (j) As of the effective date of this AD, no person shall install 
a spar cap doubler, part number (P/N) JE15-2 L/R or P/N JE15-15 L/R, 
on any airplane unless it has been reworked as required by paragraph 
(h) of this AD.

Reporting Requirement

    (k) Submit a report of the findings (both positive and negative) 
of any inspection required by paragraph (g)(1) or (g)(2) of this AD 
to the Manager, Atlanta ACO, FAA, Small Airplane Directorate, One 
Crown Center, 1895 Phoenix Boulevard, suite 450, Atlanta, Georgia 
30349; fax (770) 703-6097; at the applicable time specified in 
paragraph (k)(1) or (k)(2) of this AD. (The report must include the 
inspection results, a description of any discrepancy found (e.g., 
crack length and location), the airplane serial number, and the 
number of landings and flight hours on the airplane.) 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 any inspection required by paragraph 
(g) of this AD is accomplished after the effective date of this AD: 
Submit the report within 30 days after performing those inspections.
    (2) For airplanes on which any inspection required by paragraph 
(g) of this AD has been accomplished before the effective date of 
this AD: Submit the report within 30 days after the effective date 
of this AD.

Previously Accomplished Initial Inspections

    (l) Initial inspections accomplished within 12 months prior to 
the effective date of this AD in accordance with the service 
bulletin are considered acceptable for compliance with the 
applicable actions specified in paragraph (g) of this AD.

Alternative Methods of Compliance (AMOCs)

    (m) The Manager, Atlanta ACO, FAA, has the authority to approve 
AMOCs for this AD, if requested using the procedures found in 14 CFR 
39.19.

Material Incorporated by Reference

    (n) You must use Lockheed Service Bulletin 329-302, dated July 
9, 2003; or Lockheed Service Bulletin 329II-55-4, dated July 9, 
2003; as applicable; to perform the actions that are required by 
this AD, unless the AD specifies otherwise. The Director of the 
Federal Register approves the incorporation by reference of this 
document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. For 
copies of the service information, contact Lockheed Martin Aircraft 
& Logistics Center, 120 Orion Street, Greenville, South Carolina 
29605. For information on the availability of this material at the 
National Archives and Records Administration (NARA), call (202) 741-
6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    You may view the AD docket at the Docket Management Facility, 
U.S. Department of Transportation, 400 Seventh Street SW., Room PL-
401, Nassif Building, Washington, DC.

    Issued in Renton, Washington, on December 27, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-104 Filed 1-4-05; 8:45 am]
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