[Federal Register Volume 88, Number 121 (Monday, June 26, 2023)]
[Rules and Regulations]
[Pages 41308-41312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13430]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1209; Project Identifier AD-2023-00632-T; 
Amendment 39-22456; AD 2023-11-10]
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, 382G, and 382J airplanes; and Model C-130A, HP-
C-130A, EC-130Q, 282-44A-05 (C-130B), C-130B, and C-130H airplanes. 
This AD was prompted by a report indicating a quality audit found aft 
fuselage sloping

[[Page 41309]]

longerons manufactured with an overaged condition. This AD requires a 
conductivity check on certain aft fuselage sloping longerons and 
applicable on-condition actions. This AD also limits the installation 
of certain aft fuselage sloping longerons under certain conditions. The 
FAA is issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective July 11, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of July 11, 
2023.
    The FAA must receive comments on this AD by August 10, 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-2023-1209; 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-2023-1209.

FOR FURTHER INFORMATION CONTACT: Fred Caplan, Aviation Safety Engineer, 
FAA, 1701 Columbia Avenue, College Park, GA 30337; phone: 404-474-5507; 
email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA has received a report indicating a quality audit found aft 
fuselage sloping longerons manufactured with an overaged condition 
(i.e., understrength). The FAA determined this occurred because the 
longerons were not properly checked for conductivity and hardness 
during manufacturing and consequently were exposed to excessive hot 
forming temperatures, which reduced the material strength properties of 
the longeron. An aft fuselage sloping longeron manufactured with an 
overaged condition would reduce the static strength of the longeron 
below limit load (i.e., maximum load to be expected in service). If 
both aft fuselage sloping longerons are understrength, the structural 
integrity of the airplane would be reduced below limit load, which 
could lead to failure of both longerons. This condition, if not 
addressed, could result in loss 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 A382-53-69, dated April 12, 2023, for 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, 282-44A-05 (C-130B), C-130B, and C-130H airplanes. This service 
information specifies procedures for reviewing the airplane maintenance 
records to determine if the left or right aft fuselage sloping 
longeron, having part number (P/N) 342986-( ), has been replaced on or 
after December 31, 2012, and applicable on-condition actions. The on-
conditions actions include doing a conductivity check on any replaced 
longeron or any longeron for which it cannot be conclusively determined 
that it has not been replaced; and doing a Rockwell hardness test if 
the conductivity measurements exceed certain values specified in the 
service information.
    The FAA reviewed Lockheed Martin Aeronautics Company Alert Service 
Bulletin A382J-53-004, dated March 27, 2023, for Lockheed Model 382J 
airplanes. This service information specifies procedures for doing a 
conductivity check on any aft fuselage sloping longeron having P/N 
342986-13/-14/-19/-20 and applicable on-condition action. The on-
condition action includes doing a Rockwell hardness test if the 
conductivity measurements exceed certain values specified in the 
service information.
    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.'' This AD also limits the 
installation of aft fuselage sloping longerons under certain 
conditions.

Difference Between This AD and the Service Information

    The effectivity of Lockheed Martin Aeronautics Company Alert 
Service Bulletin A382J-53-004, dated March 27, 2023, is limited to 
Model 382J airplanes, serial numbers 5854, 5889, 5894, and 5956. 
However, the applicability of this AD includes all Model 382J 
airplanes. Because the affected aft fuselage sloping longerons are 
rotable parts, the FAA has determined that these parts could later be 
installed on airplanes that were initially delivered with acceptable 
longerons, thereby subjecting those airplanes to the unsafe condition.
    Operators should note that, although the Accomplishment 
Instructions of the referenced service information describe procedures 
for submitting all conductivity and hardness inspection results to 
Lockheed to determine further action, the service information does not 
specify a corrective action. This AD does not require reporting 
inspection results. Instead this AD requires, depending on the 
conductivity and hardness test results, repairing using a method 
approved by the Manager, East Certification Branch, FAA.

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

[[Page 41310]]

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 numerous understrength aft fuselage sloping longerons have been 
found on military airplanes of the same type design, and it is likely 
that understrength longerons are also installed on in-service 
airplanes. The possibility of both longerons being understrength 
violates fail-safe design. If both aft fuselage sloping longerons are 
understrength, the structural integrity of the airplane would be 
reduced below limit load, which could lead to failure of both 
longerons. The unsafe condition, if not addressed, could result in loss 
of the airplane. Also, 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-2023-1209 and Project Identifier AD-
2023-00632-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, Aviation Safety Engineer, 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 40 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
----------------------------------------------------------------------------------------------------------------
Records Review (36 airplanes).........  1 work-hours x $85 per                $0             $85          $3,060
                                         hour = $85.
Conductivity Check (4 Model 382J        10 work-hour x $85 per                 0             850           3,400
 airplanes).                             hour = $850.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of the 
applicable records review or conductivity check. The FAA has no way of 
determining the number of aircraft that might need on-condition 
actions:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Conductivity Check and Hardness Test..........  20 work-hour x $85 per hour =                 $0          $1,700
                                                 $85.
Hardness Test (Model 382J airplanes)..........  10 work-hour x $85 per hour =                  0             850
                                                 $85.
----------------------------------------------------------------------------------------------------------------


[[Page 41311]]

    The FAA has received no definitive data on which to base the cost 
estimates for the on-condition repair 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:
    (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 adding the following new airworthiness 
directive:

2023-11-10 Lockheed Martin Corporation/Lockheed Martin Aeronautics 
Company: Amendment 39-22456; Docket No. FAA-2023-1209; Project 
Identifier AD-2023-00632-T.

(a) Effective Date

    This airworthiness directive (AD) is effective July 11, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all airplanes specified in paragraphs (c)(1) 
through (2) of this AD, certificated in any category.
    (1) Lockheed Martin Corporation/Lockheed Martin Aeronautics 
Company Model 382, 382B, 382E, 382F, 382G, and 382J airplanes.
    (2) The airplanes specified in paragraphs (c)(2)(i) through (xi) 
of this AD, type certificated in the restricted category.
    (i) LeSEA Model C-130A airplanes (transferred from Central Air 
Services, Inc.), Type Certificate Data Sheet (TCDS) A34SO, Revision 
1.
    (ii) T.B.M., 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) Heavylift Helicopters, Inc., Model C-130B airplanes, TCDS 
A35NM, Revision 1.
    (viii) Hawkins & Powers Aviation, Inc., Model HP-C-130A 
airplanes, TCDS A30NM, Revision 1.
    (ix) Coulson Aviation (USA), Inc., Model EC-130Q and C-130H 
airplanes, TCDS T00019LA, Revision 4.
    (x) Lockheed-Georgia Company Model 282-44A-05 (C-130B) 
airplanes, TCDS A5SO.
    (xi) Surplus Model C-130A airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by a report indicating a quality audit 
found aft fuselage sloping longerons manufactured with an overaged 
condition (i.e., understrength). The FAA is issuing this AD to 
address the possibility of both aft sloping longerons being 
understrength, which would reduce the structural integrity of the 
airplane below limit load (i.e., maximum load to be expected in 
service) and could lead to failure of both longerons. The unsafe 
condition, if not addressed, could result in loss of the airplane.

(f) Compliance

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

(g) Records Review for All Airplanes Except Model 382J Airplanes

    For all airplanes except Model 382J airplanes: Within 35 days 
after the effective date of this AD, review the airplane maintenance 
records to determine if the left or right aft fuselage sloping 
longeron, having part number (P/N) 342986-( ), has been replaced on 
or after December 31, 2012.

(h) Conductivity Check for All Airplanes Except Model 382J Airplanes

    If, during the airplane maintenance records review required by 
paragraph (g) of this AD, it is determined that the left or right 
aft fuselage sloping longeron, having P/N 342986-( ), has been 
replaced on or after December 31, 2012, or it cannot be conclusively 
determined that the part has not been replaced, before further 
flight, do a conductivity check on the longeron, in accordance with 
paragraph 2.E. of the Accomplishment Instructions of Lockheed Martin 
Aeronautics Company Alert Service Bulletin A382-53-69, dated April 
12, 2023.

(i) Hardness Test for All Airplanes Except Model 382J Airplanes

    If, during the conductivity check required by paragraph (h) of 
this AD, the conductivity measurements exceed the values specified 
in paragraph 2.E.(6) or (7), as applicable, of the Accomplishment 
Instructions of Lockheed Martin Aeronautics Company Alert Service 
Bulletin A382-53-69, dated April 12, 2023, before further flight, do 
a Rockwell hardness test of the longeron, in accordance with 
paragraph 2.F. of the Accomplishment Instructions of Lockheed Martin 
Aeronautics Company Alert Service Bulletin A382-53-69, dated April 
12, 2023.

(j) Conductivity Check for Model 382J Airplanes

    For all Model 382J airplanes: Within 35 days after the effective 
date of this AD, do a conductivity check on any aft fuselage sloping 
longeron having P/N 342986-13/-14/-19/-20, in accordance with 
paragraph 2.D. of the Accomplishment Instructions of Lockheed Martin 
Aeronautics Company Alert Service Bulletin A382J-53-004, dated March 
27, 2023.

(k) Hardness Test for Model 382J Airplanes

    If, during the conductivity check required by paragraph (j) of 
this AD, the conductivity measurements exceed the values specified 
in paragraph 2.E.(6) or (7), as applicable, before further flight, 
do a Rockwell hardness test of the longeron, in accordance with 
paragraph 2.E. of the Accomplishment Instructions of Lockheed Martin 
Aeronautics Company Alert Service Bulletin A382J-53-004, dated March 
27, 2023.

(l) Corrective Action for All Airplanes

    If, during any hardness test required by paragraph (i) or (k) of 
this AD, the hardness reading is below 80 Rockwell B, before further 
flight, repair using a method approved by the Manager, East 
Certification Branch, FAA.

(m) No Report

    Although Lockheed Martin Aeronautics Company Alert Service 
Bulletin A382-53-69,

[[Page 41312]]

dated April 12, 2023; and Lockheed Martin Aeronautics Company Alert 
Service Bulletin A382J-53-004, dated March 27, 2023; specify to 
submit all conductivity and hardness inspection results to Lockheed 
Martin Aeronautics Company, this AD does not require any report.

(n) Parts Installation Limitation

    (1) For all airplanes except Model 382J airplanes: As of the 
effective date of this AD, no person may install any aft fuselage 
sloping longeron having P/N 342986-( ) unless the conductivity check 
specified in paragraph (h) of this AD has been accomplished and all 
applicable actions specified in paragraphs (i) and (l) have been 
accomplished.
    (2) For all Model 382J airplanes: As of the effective date of 
this AD, no person may install any aft fuselage sloping longeron 
having P/N 342986-( ) unless the conductivity check specified in 
paragraph (j) of this AD has been accomplished and all applicable 
actions specified in paragraphs (k) and (l) have been accomplished.

(o) Special Flight Permit

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

(p) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, East Certification 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 (q) 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) Required for Compliance (RC): Except as specified by 
paragraph (m) 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.

(q) Related Information

    For more information about this AD, contact Fred Caplan, 
Aviation Safety Engineer, FAA, 1701 Columbia Avenue, College Park, 
GA 30337; phone: 404-474-5507; email: [email protected].

(r) 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 
A382-53-69, dated April 12, 2023.
    (ii) Lockheed Martin Aeronautics Company Alert Service Bulletin 
A382J-53-004, dated March 27, 2023.
    (3) 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].
    (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: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on June 2, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-13430 Filed 6-21-23; 8:45 am]
BILLING CODE 4910-13-P