[Federal Register Volume 84, Number 187 (Thursday, September 26, 2019)]
[Rules and Regulations]
[Pages 50730-50733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20855]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0699; Product Identifier 2019-NM-148-AD; Amendment
39-19736; AD 2019-18-09]
RIN 2120-AA64
Airworthiness Directives; Lockheed Martin Corporation/Lockheed
Martin Aeronautics Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Lockheed Martin Corporation/Lockheed Martin Aeronautics Company Model
382, 382B, 382E, 382F, and 382G airplanes; and Model C-130A, HP-C-130A,
EC-130Q, and C-130B airplanes. This AD requires a visual inspection of
the center wing upper and lower rainbow fittings for cracks, an eddy
current inspection of the center wing lower rainbow fittings for
cracks, and replacement if necessary. This AD was prompted by reports
of cracked inner tangs of the center wing lower rainbow fittings. The
FAA is issuing this AD to address the unsafe condition on these
products.
DATES: This AD is effective October 11, 2019.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of October 11,
2019.
The FAA must receive comments on this AD by November 12, 2019.
[[Page 50731]]
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, 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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For service information identified in this final rule, contact
Lockheed Martin Corporation/Lockheed Martin Aeronautics Company,
Customer Support Center, Dept. 3E1M, Zone 0591, 86 S. Cobb Drive,
Marietta, GA 30063; telephone 770-494-5444; fax 770-494-5445; email
[email protected]. You may view this service information at the
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA.
For information on the availability of this material at the FAA, call
206-231-3195. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0699.
Examining the AD Docket
You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0699; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the regulatory evaluation, any comments received, and
other information. The street address for Docket Operations (phone:
800-647-5527) is listed above. Comments will be available in the AD
docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Carl Gray, Aerospace Engineer,
Airframe Section, FAA, Atlanta ACO Branch, 1701 Columbia Avenue,
College Park, GA 30337; phone: 404-474-5554; fax: 404-474-5606; email:
[email protected].
SUPPLEMENTARY INFORMATION:
Discussion
The FAA received reports of cracked inner tangs of the center wing
lower rainbow fitting. Each tang (node) contains a single attachment
bolt to the outer wing. If three or more tangs fail, the rainbow
fitting can no longer carry limit load and the rainbow fitting may
fail. This condition, if not addressed, could result in failure of the
center wing lower rainbow fittings, wing separation, and loss of the
airplane.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Lockheed Martin Aeronautics Company Alert Service
Bulletin A382-57-98, Revision 1, dated August 16, 2019. This service
information describes procedures for a visual inspection of the center
wing upper and lower rainbow fittings for cracks, an eddy current
inspection of the center wing lower rainbow fittings for cracks, and
replacement if necessary. This service information is reasonably
available because the interested parties have access to it through
their normal course of business or by the means identified in the
ADDRESSES section.
FAA's Determination
The FAA is issuing this AD because the agency evaluated all the
relevant information and determined the unsafe condition described
previously is likely to exist or develop in other products of the same
type design.
AD Requirements
This AD requires accomplishing the actions specified in the service
information described previously, except as discussed under
``Differences Between this AD and the Service Information.''
Impact on Intrastate Aviation in Alaska
In light of the heavy reliance on aviation for intrastate
transportation in Alaska, the FAA fully considered the effects of this
AD (including costs to be borne by affected operators) from the
earliest possible stages of AD development. This AD is based on those
considerations, and was developed with regard to minimizing the
economic impact on operators to the extent possible, consistent with
the safety objectives of this AD. In any event, the Federal Aviation
Regulations require operators to correct an unsafe condition identified
on an airplane to ensure operation of that airplane in an airworthy
condition. The FAA has determined in this case that the requirements
are necessary and the indirect costs would be outweighed by the safety
benefits of the AD.
Differences Between This AD and the Service Information
Lockheed Martin Aeronautics Company Alert Service Bulletin A382-57-
98, Revision 1, dated August 16, 2019, specifies that, for certain
airplanes, Service Bulletin 382-57-97, or the results of a Lockheed
Martin Operational Usage Evaluation (OUE) should be used to determine
the number of flight hours on the center wing lower rainbow fittings.
This AD would not allow the use of Service Bulletin 382-57-97 or the
OUE to determine the number of flight hours on the center wing lower
rainbow fittings, because Service Bulletin 382-57-97 and the OUE have
not been approved by the FAA. If operators are unable to determine the
number of flight hours on the center wing lower rainbow fittings, they
must do the actions required by this AD within 30 days after the
effective date of this AD.
Justification for Immediate Adoption and Determination of the Effective
Date
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C.) authorizes agencies to dispense with notice and comment
procedures for rules when the agency, for ``good cause,'' finds that
those procedures are ``impracticable, unnecessary, or contrary to the
public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without seeking comment prior to the
rulemaking. Similarly, Section 553(d) of the APA authorizes agencies to
make rules effective in less than thirty days, upon a finding of good
cause.
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies waiving notice and comment prior to adoption of this rule
because cracked inner tangs of the center wing lower rainbow fittings
could result in failure of the center wing lower rainbow fittings, wing
separation, and loss of the airplane. Furthermore, based upon the age
of the fleet it is likely that many airplanes are beyond the threshold
specified in this AD. Thus, the compliance time for the required action
is shorter than the time necessary for the public to comment and for
publication of the final rule.
Accordingly, notice and opportunity for prior public comment are
impracticable and contrary to the public interest pursuant to 5 U.S.C.
553(b)(3)(B). In addition, for the reasons stated above, the FAA finds
that good cause exists pursuant to 5 U.S.C. 553(d) for making this
amendment effective in less than 30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety and was not preceded by notice and an
[[Page 50732]]
opportunity for public comment. However, the FAA invites you to send
any written data, views, or arguments about this final rule. Send your
comments to an address listed under the ADDRESSES section. Include the
docket number FAA-2019-0699 and Product Identifier 2019-NM-148-AD at
the beginning of your comments. The FAA specifically invites comments
on the overall regulatory, economic, environmental, and energy aspects
of this final rule. The FAA will consider all comments received by the
closing date and may amend this final rule because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
http://www.regulations.gov, including any personal information you
provide. The FAA will also post a report summarizing each substantive
verbal contact received about this final rule.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to Carl
Gray, Aerospace Engineer, Airframe Section, FAA, Atlanta ACO Branch,
1701 Columbia Avenue, College Park, GA 30337; phone: 404-474-5554; fax:
404-474-5606; email: [email protected]. Any commentary that the FAA
receives which is not specifically designated as CBI will be placed in
the public docket for this rulemaking.
Regulatory Flexibility Act
The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because the FAA has determined
that it has good cause to adopt this rule without notice and comment,
RFA analysis is not required.
Costs of Compliance
The FAA estimates that this AD affects 30 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs
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Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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Inspections........................... 16 work-hours x $85 per $0 $1,360 $40,800
hour = $1,360.
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The FAA estimates the following costs to do any necessary
replacements that would be required based on the results of the
inspection. The FAA has no way of determining the number of aircraft
that might need these replacements:
On-Condition Costs
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Cost per
Action Labor cost Parts cost product
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Replacement................................... 740 work-hours x $85 per hour = $15,000 $77,900
$62,900.
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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.
The FAA is 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.
This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes and
associated appliances to the Director of the System Oversight Division.
Regulatory Findings
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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
[[Page 50733]]
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):
2019-18-09 Lockheed Martin Corporation/Lockheed Martin Aeronautics
Company: Amendment 39-19736; Docket No. FAA-2019-0699; Product
Identifier 2019-NM-148-AD.
(a) Effective Date
This AD is effective October 11, 2019.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all airplanes specified in paragraphs (c)(1)
and (2) of this AD, certificated in any category.
(1) Lockheed Martin Corporation/Lockheed Martin Aeronautics
Company Model 382, 382B, 382E, 382F, and 382G airplanes.
(2) The airplanes specified in paragraphs (c)(2)(i) through (x),
type certificated in the restricted category.
(i) LeSEA Model C-130A airplanes, Type Certificate Data Sheet
(TCDS) A34SO, Revision 1.
(ii) T.B.M, Inc., (transferred from Central Air Services, Inc.)
Model C-130A airplanes, TCDS A39CE, Revision 3.
(iii) Western International Aviation, Inc., Model C-130A
airplanes, TCDS A33NM.
(iv) USDA Forest Service Model C-130A airplanes, TCDS A15NM,
Revision 4.
(v) Snow Aviation International, Inc., Model C-130A, TCDS TQ3CH,
Revision 1.
(vi) Heavylift Helicopter, Inc., Model C-130A, TCDS A31NM,
Revision 1.
(vii) Hawkins & Powers Aviation, Inc., Model HP-C-130A, TCDS
A30NM, Revision 1.
(viii) Coulson Aviation (USA), Inc., Model EC-130Q, TCDS
T00019LA, Revision 2.
(ix) Lockheed-Georgia Company, 282-44A-05, Model C-130B, TCDS
A5SO.
(x) Surplus Model C-130A airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 57, Wings.
(e) Unsafe Condition
This AD was prompted by reports of cracked inner tangs of the
center wing lower rainbow fittings. The FAA is issuing this AD to
address such cracks, which could result in failure of the center
wing lower rainbow fittings, wing separation, and loss of the
airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Inspections
Except as specified in paragraph (h) of this AD: Before the
accumulation of 15,000 flight hours on the lower center wing rainbow
fitting, or within 30 days after the effective date of this AD,
whichever occurs later, do the inspections required by paragraphs
(g)(1) and (2) of this AD, in accordance with the Accomplishment
Instructions of Lockheed Martin Aeronautics Company Alert Service
Bulletin A382-57-98, Revision 1, dated August 16, 2019. If any
cracks are found during any inspection required by paragraphs (g)(1)
and (2) of this AD, replace the rainbow fitting before further
flight.
(1) Do a visual inspection of the center wing upper and lower
rainbow fittings for any cracks.
(2) Do an eddy current inspection of the center wing lower
rainbow fittings for any cracks.
(h) Compliance Time Exception
For any airplane on which the number of flight hours on the
lower rainbow fitting cannot be determined, do the inspections
required by paragraphs (g)(1) and (2) of this AD within 30 days
after the effective date of this AD.
(i) No Reporting
Although Lockheed Martin Aeronautics Company Alert Service
Bulletin A382-57-98, Revision 1, dated August 16, 2019, specifies to
report inspection findings, this AD does not require any report.
(j) Credit for Previous Actions
This paragraph provides credit for the actions specified in
paragraph (g) of this AD, if those actions were performed before the
effective date of this AD using Lockheed Martin Aeronautics Company
Alert Service Bulletin A382-57-98, dated August 9, 2019.
(k) Special Flight Permit
Special flight permits may be issued in accordance with 14 CFR
21.197 and 21.199 to operate the airplane to a location where the
airplane can be modified, provided no more than two tangs (nodes)
are found cracked during any inspection required by paragraph (g) of
this AD.
(l) Alternative Methods of Compliance (AMOCs)
(1) The Manager, Atlanta ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or local Flight Standards District
Office, as appropriate. If sending information directly to the
manager of the certification office, send it to the attention of the
person identified in paragraph (m)(1) of this AD.
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
(3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by a Lockheed Martin Corporation/Lockheed Martin
Aeronautics Company Designated Engineering Representative (DER) that
has been authorized by the Manager, Atlanta ACO Branch, FAA, to make
those findings. To be approved, the repair, modification deviation,
or alteration deviation must meet the certification basis of the
airplane, and the approval must specifically refer to this AD.
(m) Related Information
(1) For more information about this AD, contact Carl Gray,
Aerospace Engineer, Airframe Section, FAA, Atlanta ACO Branch, 1701
Columbia Avenue, College Park, GA 30337; phone: 404-474-5554; fax:
404-474-5606; email: [email protected].
(2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (n)(3) and (4) of this AD.
(n) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(i) Lockheed Martin Aeronautics Company Alert Service Bulletin
A382-57-98, Revision 1, dated August 16, 2019.
(ii) [Reserved]
(3) For service information identified in this AD, contact
Lockheed Martin Corporation/Lockheed Martin Aeronautics Company,
Customer Support Center, Dept. 3E1M, Zone 0591, 86 S. Cobb Drive,
Marietta, GA 30063; telephone 770-494-5444; fax 770 494-5445; email
[email protected].
(4) You may view this service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.
(5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email [email protected], or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Des Moines, Washington, on September 16, 2019.
Suzanne Masterson,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-20855 Filed 9-25-19; 8:45 am]
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