[Federal Register Volume 86, Number 92 (Friday, May 14, 2021)]
[Rules and Regulations]
[Pages 26370-26373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10262]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0341; Project Identifier AD-2021-00325-T; 
Amendment 39-21529; AD 2021-09-15]
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, type certificated in any 
category; and Model C-130A, C-130B, C-130BL, C-130E, C-130H, C-130H-30, 
C-130J, C-130J-30, EC-130Q, HC-130H, KC-130H, NC-130B, NC-130, and WC-
130H airplanes, type certificated in the restricted or amateur 
category. This AD was prompted by a crack found on the web attachment 
flange of the center wing upper forward corner fitting. This AD 
requires an eddy current surface scan for cracks of the center wing 
upper and lower forward corner fittings and fasteners, a torque check 
of the left and right outer-wing-to-center-wing front-beam-web-joint-
splice-angle fasteners, and repair, retorqueing, or replacement if 
necessary. The FAA is issuing this AD to address the unsafe condition 
on these products.

DATES: This AD is effective June 1, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of June 1, 
2021.
    The FAA must receive comments on this AD by June 28, 2021.

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 https://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 770-494-9131; email 
[email protected]; internet https://www.lockheedmartin.com. You 
may view this service information at the FAA, Airworthiness Products 
Section, Operational Safety 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 at https://www.regulations.gov 
by searching for and locating Docket No. FAA-2021-0341.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0341; or in person at 
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal

[[Page 26371]]

holidays. The AD docket contains this final rule, any comments 
received, and other information. The street address for the Docket 
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Fred Caplan, Aerospace Engineer, 
Airframe Section, FAA, Atlanta ACO Branch, 1701 Columbia Avenue, 
College Park, GA 30337; phone: 404-474-5507; fax: 404-474-5606; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA has received a report indicating that a crack was found on 
the web attachment flange of the center wing upper forward corner 
fitting. Loose fasteners in the wing station 220 wing joint at the 
front beam web can cause internal load redistribution and consequent 
cracked center wing upper and lower corner fittings and failed 
fasteners in those fittings. This condition, if not addressed, could 
result in reduced structural integrity of the airplane and loss of 
control of the airplane. The FAA is issuing this AD to address the 
unsafe condition on these products.

FAA's Determination

    The FAA is issuing this AD because the agency has determined the 
unsafe condition described previously is likely to exist or develop in 
other products of the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Lockheed Martin Aeronautics Company Alert Service 
Bulletin A382-57-99, Revision 1, dated February 17, 2021. This service 
information specifies procedures for an eddy current surface scan for 
cracks of the center wing upper and lower forward corner fittings and 
fasteners (including the exterior of the vertical flange of the corner 
fitting common to the front beam web and interior surfaces of the 
corner fitting horizontal and vertical flanges common to the beam cap), 
a torque check of left and right outer-wing-to-center-wing front-beam-
web-joint-splice-angle fasteners (including checking for any loose, 
sheared, broken, or missing fasteners), retorqueing the outer-wing-to-
center-wing front-beam-web-joint-splice-angle fasteners, and repair or 
replacement. 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.

AD Requirements

    This AD requires accomplishing the actions specified in the service 
information already described, except as discussed under ``Differences 
Between this AD and the Service Information.''

Differences Between This AD and the Service Information

    Lockheed Martin Aeronautics Company Alert Service Bulletin A382-57-
99, Revision 1, dated February 17, 2021, applies to Model 382, 382B, 
382E, 382F, and 382G airplanes. This AD applies to Model C-130A, C-
130B, C-130BL, C-130E, C-130H, C-130H-30, C-130J, C-130J-30, EC-130Q, 
HC-130H, KC-130H, NC-130B, NC-130, and WC-130H airplanes as well as the 
airplanes specified in Lockheed Martin Aeronautics Company Alert 
Service Bulletin A382-57-99, Revision 1, dated February 17, 2021. The 
FAA has confirmed that all airplanes identified in paragraph (c) of 
this AD can comply with the actions specified in Lockheed Martin 
Aeronautics Company Alert Service Bulletin A382-57-99, Revision 1, 
dated February 17, 2021.

Impact on Intrastate Aviation in Alaska

    In light of the heavy reliance on aviation for intrastate 
transportation in Alaska, the FAA has 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.

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. 551 et seq.) 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 providing notice and seeking 
comment prior to issuance. Further, 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 forgoing notice and comment prior to adoption of this rule 
because loose fasteners in the wing station 220 wing joint at the front 
beam web can cause internal load redistribution, and consequent cracked 
center wing upper and lower corner fittings and failed fasteners in 
those fittings, resulting in reduced structural integrity of the 
airplane and loss of control of the airplane. 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, 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, 
for the same reasons the FAA found good cause to forgo notice and 
comment.

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include Docket No. FAA-2021-0341 and Project Identifier AD-
2021-00325-T at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, explain the 
reason for any recommended change, and include supporting data. 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 
https://www.regulations.gov, including any personal information you 
provide. The agency 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,

[[Page 26372]]

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 Fred Caplan, 
Aerospace Engineer, Airframe Section, FAA, Atlanta ACO Branch, 1701 
Columbia Avenue, College Park, GA 30337; phone: 404-474-5507; fax: 404-
474-5606; email: [email protected]. Any commentary that the 
FAA receives that 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 20 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspection, torque check, and retorque  40 work-hours x $85 per               $0          $3,400         $68,000
                                         hour = $3,400.
----------------------------------------------------------------------------------------------------------------

    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
----------------------------------------------------------------------------------------------------------------
            Action                    Labor cost                 Parts cost                Cost per product
----------------------------------------------------------------------------------------------------------------
Replacement...................  Up to 120 work-hours x  Up to $100.................  Up to $10,300.
                                 $85 per hour = Up to
                                 $10,200.
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost 
estimates for the on-condition repairs specified in this AD.

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.

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:
    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:

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:

2021-09-15 Lockheed Martin Corporation/Lockheed Martin Aeronautics 
Company: Amendment 39-21529; Docket No. FAA-2021-0341; Project 
Identifier AD-2021-00325-T.

(a) Effective Date

    This airworthiness directive (AD) is effective June 1, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Lockheed Martin Corporation/Lockheed 
Martin Aeronautics Company Model 382, 382B, 382E, 382F, and 382G 
airplanes, type certificated in any category; and Model C-130A, C-
130B, C-130BL, C-130E, C-130H, C-130H-30, C-130J, C-130J-30, EC-
130Q, HC-130H, KC-130H, NC-130B, NC-130, and WC-130H airplanes, type 
certificated in the restricted or amateur category. The restricted 
and amateur category airplanes were originally manufactured by 
Lockheed Martin Corporation/Lockheed Martin Aeronautics Company; 
current type certificate holders include, but are not limited to, 
those specified in paragraphs (c)(1) through (9) of this AD.
    (1) LeSEA Model C-130A airplanes, Type Certificate Data Sheet 
(TCDS) A34SO, Revision 1.
    (2) T.B.M, Inc. (transferred from Central Air Services, Inc.), 
Model C-130A airplanes, TCDS A39CE, Revision 3.
    (3) Western International Aviation, Inc., Model C-130A 
airplanes, TCDS A33NM.
    (4) USDA Forest Service Model C-130A airplanes, TCDS A15NM, 
Revision 4.
    (5) Snow Aviation International, Inc., Model C-130A airplanes, 
TCDS TQ3CH, Revision 1.
    (6) Heavylift Helicopter, Inc. (transferred from Hemet Valley 
Flying Service), Model C-130A, TCDS A31NM airplanes, Revision 1.

[[Page 26373]]

    (7) Heavylift Helicopters, Inc., Model C-130B airplanes, TCDS 
A35NM, Revision 1.
    (8) Hawkins & Powers Aviation, Inc., Model HP-C-130A airplanes, 
TCDS A30NM, Revision 1.
    (9) Coulson Aviation (USA), Inc., Model EC-130Q airplanes, TCDS 
T00019LA, Revision 2.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a report of a crack found on the web 
attachment flange of the center wing upper forward corner fitting. 
The FAA is issuing this AD to address loose fasteners in a certain 
wing joint at the front beam web, which can cause internal load 
redistribution, and consequent cracked center wing upper and lower 
corner fittings and failed fasteners in those fittings, resulting in 
reduced structural integrity of the airplane and loss of control of 
the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Inspection, Torque Check, and Corrective Actions

    At the applicable compliance time specified in paragraph (g)(1) 
or (2) of this AD, do an eddy current surface scan for cracks of the 
center wing upper and lower forward corner fittings and fasteners, 
and do a torque check of the left and right outer-wing-to-center-
wing front-beam-web-joint-splice-angle fasteners (including checking 
for any loose, sheared, broken, or missing fasteners), in accordance 
with the Accomplishment Instructions of Lockheed Martin Aeronautics 
Company Alert Service Bulletin A382-57-99, Revision 1, dated 
February 17, 2021. If any cracking is found during the inspection, 
repair before further flight using a method approved in accordance 
with the procedures specified in paragraph (j) of this AD. If any 
loose fastener is found during the torque check, retorque the 
fastener before further flight, in accordance with the 
Accomplishment Instructions of Lockheed Martin Aeronautics Company 
Alert Service Bulletin A382-57-99, Revision 1, dated February 17, 
2021. If any sheared, broken, or missing fastener is found during 
the torque check, replace the fastener before further flight.
    (1) For airplanes that have accumulated 2,500 or more flight 
hours as of the effective date of this AD: Within 90 days after the 
effective date of this AD.
    (2) For airplanes that have accumulated less than 2,500 flight 
hours as of the effective date of this AD: Within 270 days after the 
effective date of this AD.

(h) No Reporting

    Although Lockheed Martin Aeronautics Company Alert Service 
Bulletin A382-57-99, Revision 1, dated February 17, 2021, specifies 
to report inspection findings, this AD does not require any report.

(i) Special Flight Permit

    Special flight permits, as described in 14 CFR 21.197 and 
21.199, are not allowed.

(j) 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 responsible Flight Standards Office, 
as appropriate. If sending information directly to the manager of 
the certification office, send it to the attention of the person 
identified in Related Information.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the responsible Flight Standards 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.

(k) Related Information

    For more information about this AD, contact Fred Caplan, 
Aerospace Engineer, Airframe Section, FAA, Atlanta ACO Branch, 1701 
Columbia Avenue, College Park, GA 30337; phone: 404-474-5507; fax: 
404-474-5606; email: [email protected].

(l) 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 
A382-57-99, Revision 1, dated February 17, 2021.
    (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 770-494-9131; email 
[email protected]; internet https://www.lockheedmartin.com.
    (4) You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety 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: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on April 23, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-10262 Filed 5-11-21; 4:15 pm]
BILLING CODE 4910-13-P