[Federal Register Volume 75, Number 2 (Tuesday, January 5, 2010)]
[Proposed Rules]
[Pages 262-264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-31289]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1228; Directorate Identifier 2009-NM-015-AD]
RIN 2120-AA64


Airworthiness Directives; Lockheed Martin Corporation/Lockheed 
Martin Aeronautics Company Model 382, 382B, 382E, 382F, and 382G 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for all 
Lockheed Martin Corporation/Lockheed Martin Aeronautics Company Model 
382, 382B, 382E, 382F, and 382G airplanes. This proposed AD would 
require repetitive inspections for any damage of the lower surface of 
the center wing box, and corrective actions if necessary. This proposed 
AD results from reports of fatigue cracks of the lower surface of the 
center wing box. We are proposing this AD to detect and correct such 
cracks, which could result in the structural failure of the wings.

DATES: We must receive comments on this proposed AD by February 19, 
2010.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Lockheed Martin Corporation/Lockheed Martin Aeronautics Company, 
Airworthiness Office, Dept. 6A0M, Zone 0252, Column

[[Page 263]]

P-58, 86 S. Cobb Drive, Marietta, Georgia 30063; telephone 770-494-
5444; fax 770-494-5445; e-mail [email protected]; Internet http://www.lockheedmartin.com/ams/tools/TechPubs.html. You may review copies 
of the referenced service information at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington. For information 
on the availability of this material at the FAA, call 425-227-1221 or 
425-227-1152.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Office (telephone 800-647-5527) is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

FOR FURTHER INFORMATION CONTACT: Carl Gray, Aerospace Engineer, 
Airframe Branch, ACE-117A, FAA, Atlanta Aircraft Certification Office, 
1701 Columbia Avenue, College Park, Georgia 30337; telephone (404) 474-
5554; fax (404) 474-5606.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-1228; 
Directorate Identifier 2009-NM-015-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    We have received reports of fatigue cracks of the lower surface of 
the center wing box. Large fatigue cracks, some with multiple origins 
indicating link-up of smaller fatigue cracks, and generalized small 
fatigue cracks have been found during wing durability testing and in-
service operations. This condition, if not corrected, could result in 
reduced wing residual strength below the design limit load capacity, 
which could result in the structural failure of the wings.

Relevant Service Information

    We have reviewed Lockheed Service Bulletin 382-57-85 (82-790), 
Revision 2, dated August 23, 2007, including Appendices A, B, C, D, E, 
F, and G, Revision 1, dated March 8, 2007. The service bulletin 
describes procedures for doing repetitive nondestructive inspections of 
the lower surface of the center wing box (including the panel, 
stringers, beam caps, panel repairs, fittings, and cold-work holes) for 
any damage (including cracking, corrosion, structural deformation, and 
dents), and corrective action, if necessary. The corrective action 
includes contacting Lockheed for repair instructions.

FAA's Determination and Requirements of This Proposed AD

    We are proposing this AD because we evaluated all relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the same type design. 
This proposed AD would require accomplishing the actions specified in 
the service information described previously, except as discussed under 
``Differences Between the Proposed AD and Relevant Service 
Information.''

Differences Between the Proposed AD and Relevant Service Information

    Although the service bulletin specifies that operators may contact 
the manufacturer for disposition of certain repair conditions, this 
proposed AD would require operators to repair those conditions using a 
method approved by the FAA.
    Although the service bulletin specifies that operators can adjust 
thresholds and intervals, use alternate repetitive inspection 
intervals, and use alternate inspection methods if applicable, this 
proposed AD would require any alternate methods to be approved by the 
Manager, Atlanta ACO.
    Although the service bulletin provides a longer compliance time of 
22,000 flight hours to inspect cold-worked holes, this AD would require 
all holes to be inspected within 10,000 flight hours, as reports 
indicate that fatigue cracks are of sufficient size and density, 
requiring a shorter compliance time.
    Operators should note that, although the Accomplishment 
Instructions of Lockheed Service Bulletin 382-57-85 (82-790), Revision 
2, dated August 23, 2007, including Appendixes A, B, C, D, E, F, and G, 
Revision 1, dated March 8, 2007, describe procedures for submitting a 
report of any damages, this proposed AD would not require such action.

Costs of Compliance

    We estimate that this proposed AD would affect 15 airplanes of U.S. 
registry. We also estimate that it would take about 2,000 work-hours 
per product to comply with this proposed AD. The average labor rate is 
$80 per work-hour. Based on these figures, we estimate the cost of this 
proposed AD to the U.S. operators to be $2,400,000, or $160,000 per 
airplane.

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 determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866,
    2. Is not a ``significant rule'' under the 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.

[[Page 264]]

    You can find our regulatory evaluation and the estimated costs of 
compliance in the AD Docket.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The FAA amends Sec.  39.13 by adding the following new AD:

Lockheed Martin Corporation/Lockheed Martin Aeronautics Company: 
Docket No. FAA-2009-1228; Directorate Identifier 2009-NM-015-AD.

Comments Due Date

    (a) We must receive comments by February 19, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Lockheed Martin Corporation/Lockheed 
Martin Aeronautics Company Model 382, 382B, 382E, 382F, and 382G 
series airplanes, certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 57: Wings.

Unsafe Condition

    (e) This AD results from reports of fatigue cracks of the lower 
surface of the center wing box. The Federal Aviation Administration 
is issuing this AD to detect and correct such cracks, which could 
result in the structural failure of the wings.

Compliance

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

Inspection

    (g) At the times specified in paragraphs (g)(1), (g)(2), and 
(g)(3) of this AD, whichever occurs latest: Do a nondestructive 
inspection of the lower surface of the center wing box for any 
damage, in accordance with Lockheed Service Bulletin 382-57-85 (82-
790), Revision 2, dated August 23, 2007, including Appendixes A, B, 
C, D, E, F, and G, Revision 1, dated March 8, 2007. Repeat the 
inspections thereafter at intervals not to exceed 10,000 flight 
hours.
    (1) Prior to the accumulation of 40,000 total flight hours on 
the center wing.
    (2) Within 365 days after the effective date of this AD.
    (3) Within 10,000 flight hours on the center wing box after the 
accomplishment of the service bulletin if done before the effective 
date of this AD.

    Note 1:  These inspection procedures supplement the existing 
Hercules Air Freighter progressive inspection procedures and 
previously issued Lockheed Martin service bulletins. After the 
effective date of this AD, there are no inspection procedures in 
those documents that fully meet the requirements of this AD.

Corrective Action

    (h) If any damage is found during any inspection required by 
this AD: Before further flight, repair any damage using 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.

Exceptions to the Service Bulletin

    (i) Lockheed Service Bulletin 382-57-85 (82-790), Revision 2, 
dated August 23, 2007, including Appendixes A, B, C, D, E, F, and G, 
Revision 1, dated March 8, 2007, specifies that operators may adjust 
thresholds and intervals, use alternative repetitive inspection 
intervals, and use alternative inspection methods, if applicable. 
However, this AD requires that any alternative methods or intervals 
be approved by the Manager, Atlanta ACO. For any alternative methods 
or intervals to be approved by the Manager, Atlanta ACO, as required 
by this paragraph, the Manager's approval letter must specifically 
refer to this AD.
    (j) Where Lockheed Service Bulletin 382-57-85 (82-790), Revision 
2, dated August 23, 2007, including Appendixes A, B, C, D, E, F, and 
G, Revision 1, dated March 8, 2007, specifies that alternative 
repetitive inspections intervals may be used for cold-worked holes, 
this AD does not allow the longer interval. This AD requires that 
all cold-worked and non-cold worked holes be re-inspected at 10,000-
flight-hour intervals.
    (k) Where Lockheed Service Bulletin 382-57-85 (82-790), Revision 
2, dated August 23, 2007, including Appendixes A, B, C, D, E, F, and 
G, Revision 1, dated March 8, 2007, describes procedures for 
submitting a report of any damages, this AD does not require such 
action.

Inspections Accomplished in Accordance With Lockheed Service Bulletin 
382-57-83 (82-783)

    (l) Inspections accomplished before the effective date of this 
AD, in accordance with Lockheed Service Bulletin 382-57-83 (82-783), 
Revision 1, dated August 22, 2006, including Appendix B, dated March 
18, 2005, are considered acceptable for compliance with the 
corresponding action specified in paragraph (g) of this AD.

Alternative Methods of Compliance (AMOCs)

    (m)(1) The Manager, Atlanta Aircraft Certification Office, FAA, 
has the authority to approve AMOCs for this AD, if requested using 
the procedures found in 14 CFR 39.19. Send information to ATTN: Carl 
Gray, Aerospace Engineer, Airframe Branch, ACE-117A, FAA, Atlanta 
Aircraft Certification Office, 1701 Columbia Avenue, College Park, 
GA 30337; telephone (404) 474-5554; fax (404) 474-5606.
    (2) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office. 
The AMOC approval letter must specifically reference this AD.

    Issued in Renton, Washington, on December 23, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-31289 Filed 1-4-10; 8:45 am]
BILLING CODE 4910-13-P