[Federal Register Volume 88, Number 94 (Tuesday, May 16, 2023)]
[Rules and Regulations]
[Pages 31159-31163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10526]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1044; Project Identifier AD-2023-00593-T;
Amendment 39-22436; AD 2023-09-13]
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 superseding Airworthiness Directive (AD) 2019-18-
09, which applied to 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, C-130B, and C-130H airplanes. AD
2019-18-09 required a visual inspection of the center wing upper and
lower rainbow fittings for cracks, an eddy current inspection of the
center wing
[[Page 31160]]
lower rainbow fittings for cracks, and replacement if necessary. This
AD was prompted by an analysis of reported cracks showing repetitive
inspections are needed to adequately address cracked inner tangs of the
center wing lower rainbow fittings. This AD requires repetitive
inspections of the center wing upper and lower rainbow fittings for
cracks and replacement if necessary. The FAA is issuing this AD to
address the unsafe condition on these products.
DATES: This AD is effective May 31, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of May 31,
2023.
The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of
October 11, 2019 (84 FR 50730, September 26, 2019).
The FAA must receive comments on this AD by June 30, 2023.
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 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.
AD Docket: You may examine the AD docket at regulations.gov by
searching for and locating Docket No. FAA-2023-1044; 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, any
comments received, and other information. The street address for Docket
Operations is listed above.
Material Incorporated by Reference:
For service information identified in this final rule,
contact Lockheed Martin Corporation/Lockheed Martin Aeronautics
Company, Airworthiness Office, Dept. 6A0M, Zone 0252, Column P-58, 86 S
Cobb Drive, Marietta, GA 30063; telephone 770-494-5444; fax 770-494-
5445; email [email protected].
You may view this referenced 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
regulations.gov by searching for and locating Docket No. FAA-2023-1044.
FOR FURTHER INFORMATION CONTACT: Fred Caplan, Aerospace Engineer,
Airframe Section, East Certification Branch, FAA, 1701 Columbia Avenue,
College Park, GA 30337; phone: 404-474-5507; email: [email protected].
SUPPLEMENTARY INFORMATION:
Background
The FAA issued AD 2019-18-09, Amendment 39-19736 (84 FR 50730,
September 26, 2019) (AD 2019-18-09), for all Lockheed Martin
Corporation/Lockheed Martin Aeronautics Company (Lockheed) Model 382,
382B, 382E, 382F, and 382G airplanes; and Model C-130A, HP-C-130A, EC-
130Q, and C-130B airplanes. AD 2019-18-09 required 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. AD 2019-18-09 was prompted by
reports of cracked inner tangs of the center wing lower rainbow
fittings. The FAA issued AD 2019-18-09 to address such cracks, which
could result in failure of the center wing lower rainbow fittings, wing
separation, and loss of the airplane.
Actions Since AD 2019-18-09 Was Issued
Since the FAA issued AD 2019-18-09, Lockheed Martin Corporation/
Lockheed Martin Aeronautics Company has notified the FAA of cracks
found on military airplanes of similar type design to the affected
airplanes of AD 2019-18-09. The FAA reviewed Lockheed's analysis of
these reported cracks and concurs with Lockheed's finding that
repetitive inspections are needed for the airplanes identified in AD
2019-18-09 in order to adequately address cracked inner tangs of the
center wing lower rainbow fittings. Each tang (node) contains a single
attachment bolt to the outer wing. If tangs fail, the rainbow fitting
may not be able to 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.
Also, since the FAA issued AD 2019-18-09, the FAA has determined
that Model C-130H airplanes are also affected by this unsafe condition.
Therefore, that airplane model has been added to applicability in
paragraph (c)(2)(viii) of this AD.
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 A382-57-98, Revision 2, dated February 14, 2023. This service
information specifies procedures for repetitive visual inspections of
the left and right center wing upper and lower rainbow fittings for
cracks, repetitive eddy current inspections of the center wing lower
rainbow fittings for cracks, and replacement if necessary.
This AD also requires Lockheed Martin Aeronautics Company Alert
Service Bulletin A382-57-98, Revision 1, dated August 16, 2019, which
the Director of the Federal Register approved for incorporation by
reference as of October 11, 2019 (84 FR 50730, September 26, 2019).
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.''
Explanation of Change To Type Certificate Holder Name
The FAA has revised the reference to the type certificate holder's
name specified in paragraph (c)(2)(vi) of this AD to identify the type
certificate holder's name as published in the most recent type
certificate data sheet for the affected models.
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
[[Page 31161]]
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; and Lockheed Martin Aeronautics
Company Alert Service Bulletin A382-57-98, Revision 2, dated February
14, 2023; specify 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 does not allow the use of
Service Bulletin 382-57-97 or the OUE to determine the number of flight
hours because they 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 as specified in paragraphs (h) and (j) 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. 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 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. Further, based upon the age of
the fleet, it is likely that some airplanes may be beyond the
thresholds specified in paragraph (i) of 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, 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-2023-1044 and Project Identifier
AD-2023-00593-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
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, 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, East Certification
Branch, FAA, 1701 Columbia Avenue, College Park, GA 30337; phone: 404-
474-5507; 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 36 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost on U.S.
Action Labor cost Parts cost Cost per product operators
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Inspections (retained actions 16 work-hours x $85 $0 $1,360 per $48,960 per
from AD 2019-18-09). per hour = $1,360 inspection cycle. inspection cycle.
per inspection
cycle.
Repetitive Inspections (new 16 work-hours x $85 0 1,360 per 48,960 per
proposed action). per hour = $1,360 inspection cycle. inspection cycle.
per inspection
cycle.
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The FAA estimates the following costs to do any necessary
replacement 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 this replacement:
[[Page 31162]]
On-Condition Costs
----------------------------------------------------------------------------------------------------------------
Cost per
Action Labor cost Parts cost product
----------------------------------------------------------------------------------------------------------------
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.
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, and
(2) Will not affect intrastate aviation in Alaska.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
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:
0
a. Removing Airworthiness Directive (AD) 2019-18-09, Amendment 39-19736
(84 FR 50730, September 26, 2019); and
0
b. Adding the following new AD:
2023-09-13 Lockheed Martin Corporation/Lockheed Martin Aeronautics
Company: Amendment 39-22436; Docket No. FAA-2023-1044; Project
Identifier AD-2023-00593-T.
(a) Effective Date
This airworthiness directive (AD) is effective May 31, 2023.
(b) Affected ADs
This AD replaces AD 2019-18-09, Amendment 39-19736 (84 FR 50730,
September 26, 2019) (AD 2019-18-09).
(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)
of this AD, 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 airplanes,
TCDS TQ3CH, Revision 1.
(vi) International Air Response (transferred from Rogers
Helicopters, Inc., and Heavylift Helicopters, Inc.) Model C-130A
airplanes, TCDS A31NM, Revision 3.
(vii) Hawkins & Powers Aviation, Inc., Model HP-C-130A
airplanes, TCDS A30NM, Revision 1.
(viii) Coulson Aviation (USA), Inc., Model EC-130Q airplanes and
Model C-130H airplanes, TCDS T00019LA, Revision 4.
(ix) Lockheed-Georgia Company Model 282-44A-05 (C-130B)
airplanes, 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 an analysis of reported cracks showing
repetitive inspections are needed to adequately address cracked
inner tangs of the center wing lower rainbow fittings. The FAA is
issuing this AD to address such cracks. The unsafe condition, if not
addressed, 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) Retained Inspections With Revised Service Information
This paragraph restates the requirements of paragraph (g) of AD
2019-18-09, with revised service information. 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 October 11, 2019 (the effective date of AD 2019-18-09),
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; or Lockheed
Martin Aeronautics Company Alert Service Bulletin A382-57-98,
Revision 2, dated February 14, 2023. 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) Retained Compliance Time Exception for Paragraph (g) of This AD
With No Changes
This paragraph restates the exception specified in paragraph (h)
of AD 2019-18-09, with no changes. For any airplane on which the
number of flight hours on the lower rainbow fitting cannot be
determined for paragraph (g) of this AD: Do the inspections required
by paragraphs (g)(1) and (2) of this AD within 30 days after October
11, 2019 (the effective date of AD 2019-18-09).
(i) New Repetitive Inspections
Except as specified in paragraph (j) of this AD: Within 5,000
flight hours after accomplishing the inspections required by
paragraph (g) of this AD, or within 30 days after the effective date
of this AD, whichever occurs later, do the inspections specified in
paragraphs (i)(1) and (2) of this AD, in
[[Page 31163]]
accordance with the Accomplishment Instructions of Lockheed Martin
Aeronautics Company Alert Service Bulletin A382-57-98, Revision 2,
dated February 14, 2023. Repeat the inspections thereafter at
intervals not to exceed 5,000 flight hours. If any crack is found
during any inspection required by paragraph (i)(1) or (2) of this
AD, replace the rainbow fitting before further flight.
(1) Do a visual inspection of the left and right center wing
upper and lower rainbow fittings for any crack.
(2) Do an eddy current inspection of the left and right center
wing lower rainbow fittings for any crack.
(j) Compliance Time Exception for Paragraph (i) of This AD
For any airplane on which the number of flight hours on the
lower rainbow fitting cannot be determined for paragraph (i) of this
AD: Do the inspections required by paragraphs (i)(1) and (2) of this
AD within 30 days after the effective date of this AD.
(k) No Report
Although Lockheed Martin Aeronautics Company Alert Service
Bulletin A382-57-98, Revision 1, dated August 16, 2019; and Lockheed
Martin Aeronautics Company Alert Service Bulletin A382-57-98,
Revision 2, dated February 14, 2023; specify to report inspection
findings, this AD does not require any report.
(l) Credit for Previous Actions
This paragraph provides credit for the actions specified in
paragraph (g) of this AD, if those actions were performed before
October 11, 2019 (the effective date of AD 2019-18-09) using
Lockheed Martin Aeronautics Company Alert Service Bulletin A382-57-
98, dated August 9, 2019.
(m) 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) or
(i) of this AD.
(n) 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 paragraph (o)(1) of this AD.
(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.
(4) Required for Compliance (RC): Except as required by
paragraph (k) of this AD, if any service information contains steps
that are identified as RC, those steps, including substeps under an
RC step and any figures identified in an RC step, must be done to
comply with this AD; any steps that are not identified as RC are
recommended. Those steps that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the steps and tests identified as RC
can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to steps, including substeps
under an RC step and any figures identified in an RC step,
identified as RC require approval of an AMOC.
(o) Related Information
(1) For more information about this AD, contact Fred Caplan,
Aerospace Engineer, Airframe Section, East Certification Branch,
FAA, 1701 Columbia Avenue, College Park, GA 30337; phone: 404-474-
5507; email: [email protected].
(2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (p)(5) and (6) of this AD.
(p) 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 this AD specifies otherwise.
(3) The following service information was approved for IBR on
May 31, 2023.
(i) Lockheed Martin Aeronautics Company Alert Service Bulletin
A382-57-98, Revision 2, dated February 14, 2023.
(ii) [Reserved]
(4) The following service information was approved for IBR on
October 11, 2019 (84 FR 50730, September 26, 2019).
(i) Lockheed Martin Aeronautics Company Alert Service Bulletin
A382-57-98, Revision 1, dated August 16, 2019.
(ii) [Reserved]
(5) For service information identified in this AD, contact
Lockheed Martin Corporation/Lockheed Martin Aeronautics Company,
Airworthiness Office, Dept. 6A0M, Zone 0252, Column P-58, 86 S Cobb
Drive, Marietta, GA 30063; telephone 770-494-5444; fax 770-494-5445;
email [email protected].
(6) 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.
(7) 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: www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on May 9, 2023.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023-10526 Filed 5-12-23; 4:15 pm]
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