[Federal Register Volume 71, Number 238 (Tuesday, December 12, 2006)]
[Rules and Regulations]
[Pages 74462-74464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-20953]



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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-25554; Directorate Identifier 2006-NM-123-AD; 
Amendment 39-14852; AD 2006-25-11]
RIN 2120-AA64


Airworthiness Directives; Lockheed Model L-1011 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Lockheed Model L-1011 series airplanes. This AD requires a one-
time detailed inspection of the C112 harness clamp assembly for proper 
installation, a one-time detailed inspection of the C112 and C162 
harness assemblies for damage, and corrective actions if necessary. 
This AD results from a report of electrical arcing of the essential bus 
feeder cables behind hinged circuit breaker panel CB3 P-K. We are 
issuing this AD to prevent arcing of essential bus feeder cables due to 
improper installation of the harness C112 clamp assembly, which could 
result in loss of electrical systems and smoke and/or fire behind the 
CB3 P-K hinged circuit breaker panel in the flight compartment.

DATES: This AD becomes effective January 16, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publications listed in the AD as of January 16, 
2007.

ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov or in person at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street SW., Nassif Building, 
Room PL-401, Washington, DC.
    Contact Lockheed Martin Aircraft & Logistics Center, 120 Orion 
Street, Greenville, South Carolina 29605, for service information 
identified in this AD.

FOR FURTHER INFORMATION CONTACT: Robert Chupka, Aerospace Engineer, 
Systems and Equipment Branch, ACE-119A, FAA, Atlanta Aircraft 
Certification Office, One Crown Center, 1895 Phoenix Boulevard, Suite 
450, Atlanta, Georgia 30349; telephone (770) 703-6070; fax (770) 703-
6097.

SUPPLEMENTARY INFORMATION:

Examining the Docket

    You may examine the airworthiness directive (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 street address stated in the ADDRESSES section.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that would apply to certain Lockheed Model 
L-1011 series airplanes. That NPRM was published in the Federal 
Register on August 9, 2006 (71 FR 45447). That NPRM proposed to require 
a one-time detailed inspection of the C112 harness clamp assembly for 
proper installation, a one-time detailed inspection of the C112 and 
C162 harness assemblies for damage, and corrective actions if 
necessary.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments received.

Request to Make Service Documents Available to the Public by 
Incorporation by Reference and Publication in the Docket Management 
System (DMS)

    The Modification and Replacement Parts Association (MARPA) requests 
that we incorporate by reference the essential service documents in the 
NPRM. MARPA states that ADs are typically based upon service 
information originating with the type certificate holder or its 
suppliers. MARPA asserts that, if a service document is used as a 
mandatory element of compliance, it should not only be referred to, but 
also incorporated into the AD. MARPA adds that manufacturer's service 
documents are privately authored instruments, generally having 
copyright protection against duplication and distribution. When a 
service document is incorporated by reference into a public document, 
such as an AD, pursuant to 5 U.S.C. 552(a) and 1 CFR part 51, it loses 
its private, protected status and becomes a public document. MARPA 
notes that the NPRM is one of these public documents, but does not 
incorporate by reference that service document. Therefore, the NPRM, as 
proposed, attempts to require compliance with a public law by reference 
to a private writing. MARPA believes that public laws, by definition, 
should be public and that they cannot rely on private writings.
    We do not agree that documents should be incorporated by reference 
during the NPRM phase of rulemaking. The Office of the Federal Register 
(OFR) requires that documents that are necessary to accomplish the 
requirements of the AD be incorporated by reference during the final 
rule phase of rulemaking. This final rule incorporates by reference the 
document necessary for the accomplishment of the requirements mandated 
by this AD. Further, we point out that while documents that are 
incorporated by reference do become public information, they do not 
lose their copyright protection. For that reason, we advise the public 
to contact the manufacturer to obtain copies of the referenced service 
information.
    MARPA also requests that essential service documents be published 
in DMS. MARPA states that service documents incorporated by reference 
should be made available to the public by publication in either the 
Federal Register or DMS. MARPA also states that the purpose of the 
incorporation by reference method is brevity, to keep from expanding 
the Federal Register needlessly by publishing documents already in the 
hands of the affected individuals. MARPA adds that, traditionally, 
``affected individuals'' means aircraft owners and operators, who are 
generally provided service information by the manufacturer. MARPA 
further adds that a new class of affected individuals has emerged, 
since the majority of aircraft maintenance is now performed by 
specialty shops instead of aircraft owners and operators. This new 
class includes maintenance and repair organizations, component 
servicing and repair shops, parts purveyors and distributors, and/or 
organizations repairing or servicing alternatively certified parts 
under section 21.303 (``Parts Manufacturer Approval'') of the Federal 
Aviation Regulations (14 CFR 21.303). MARPA states that the concept of 
brevity is now nearly archaic as documents exist more frequently in 
electronic format than on paper.
    In regard to MARPA's request that service documents be made 
available to the public by publication in the Federal Register, we 
agree that incorporation by reference was authorized to reduce the 
volume of material published in the Federal Register and the Code of 
Federal Regulations. However, as specified in the Federal Register 
Document Drafting Handbook, the

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Director of the OFR decides when an agency may incorporate material by 
reference. As the commenter is aware, the OFR files documents for 
public inspection on the workday before the date of publication of the 
rule at its office in Washington, DC. As stated in the Federal Register 
Document Drafting Handbook, when documents are filed for public 
inspection, anyone may inspect or copy file documents during the OFR's 
hours of business. Further questions regarding publication of documents 
in the Federal Register or incorporation by reference should be 
directed to the OFR.
    In regards to MARPA's request to post service bulletins on the 
Department of Transportation's DMS, we are currently in the process of 
reviewing issues surrounding the posting of service bulletins on the 
DMS as part of an AD docket. Once we have thoroughly examined all 
aspects of this issue and have made a final determination, we will 
consider whether our current practice needs to be revised. No change to 
the final rule is necessary in response to this comment.

Conclusion

    We have carefully reviewed the available data, including the 
comment received, and determined that air safety and the public 
interest require adopting the AD as proposed.

Costs of Compliance

    There are about 126 airplanes of the affected design in the 
worldwide fleet. The following table provides the estimated costs for 
U.S. operators to comply with this AD.

                                                                     Estimated Costs
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                                                                                                                        Number of U.S.-
                      Action                           Work hours     Average labor        Parts           Cost per        registered       Fleet cost
                                                                      rate per hour                        airplane        airplanes
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Inspection of clamp assembly......................               2              $80               $0             $160               53           $8,480
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Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. 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.
    We are issuing this rulemaking 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 
rulemaking action.

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 and placed it in the AD docket. See the ADDRESSES 
section for 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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2006-25-11 Lockheed: Amendment 39-14852. Docket No. FAA-2006-25554; 
Directorate Identifier 2006-NM-123-AD.

Effective Date

    (a) This AD becomes effective January 16, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Lockheed Model L-1011-385-1, L-1011-385-
1-14, L-1011-385-1-15, and L-1011-385-3 series airplanes, 
certificated in any category; having serial numbers 93A through 193Y 
inclusive and 293A through 293F inclusive: -1002 through -1250 
inclusive.

Unsafe Condition

    (d) This AD results from a report of electrical arcing of the 
essential bus feeder cables behind hinged circuit breaker panel CB3 
P-K. We are issuing this AD to prevent arcing of essential bus 
feeder cables due to improper installation of the harness C112 clamp 
assembly, which could result in loss of electrical systems and smoke 
and/or fire behind the CB3 P-K hinged circuit breaker panel in the 
flight compartment.

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.

Detailed Inspection of the C112 Harness Clamp Assembly

    (f) Within 90 days after the effective date of this AD: Do the 
actions in paragraphs (f)(1) and (f)(2) of this AD by accomplishing 
all the actions specified in the Accomplishment Instructions of 
Lockheed L-1011 Service Bulletin 093-24-142, dated November 16, 
2005. Do all applicable corrective actions before further flight.
    (1) Perform a one-time detailed inspection of the C112 harness 
clamp assembly to find incorrectly installed harness clamps, and do 
all applicable corrective actions.
    (2) Perform a one-time detailed inspection of the C112 and C162 
harness assemblies to find evidence of chafing, arcing, or 
deterioration, and do all applicable corrective actions.

    Note 1: For the purposes of this AD, a detailed inspection is: 
``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.

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Inspection aids such as mirror, magnifying lenses, etc., may be 
necessary. Surface cleaning and elaborate procedures may be 
required.''

Alternative Methods of Compliance (AMOCs)

    (g)(1) The Manager, Atlanta Aircraft Certification Office, FAA, 
has the authority to approve AMOCs for this AD, if requested in 
accordance with the procedures found in 14 CFR 39.19.
    (2) Before using any AMOC approved in accordance with Sec.  
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

Material Incorporated by Reference

    (h) You must use Lockheed L-1011 Service Bulletin 093-24-142, 
dated November 16, 2005, to perform the actions that are required by 
this AD, unless the AD specifies otherwise. The Director of the 
Federal Register approved the incorporation by reference of this 
document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
Contact Lockheed Martin Aircraft & Logistics Center, 120 Orion 
Street, Greenville, South Carolina 29605, for a copy of this service 
information. You may review copies at the Docket Management 
Facility, U.S. Department of Transportation, 400 Seventh Street SW., 
Room PL-401, Nassif Building, Washington, DC; on the Internet at 
http://dms.dot.gov; or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at the NARA, call (202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on December 1, 2006.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E6-20953 Filed 12-11-06; 8:45 am]
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