Airworthiness Directives; Lockheed Martin Corporation/Lockheed Martin Aeronautics Company Airplanes, 50730-50733 [2019-20855]
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Federal Register / Vol. 84, No. 187 / Thursday, September 26, 2019 / Rules and Regulations
FIGURE 1 TO THE INTRODUCTORY TEXT OF PARAGRAPH (h)—Compliance Times for Next Inspection on Repaired or
Replaced NLG Lower Lock Link
Flight cycles
Compliance time
Airplanes on which the NLG lower lock link has accumulated 7,200 or Before the accumulation of 8,000 flight cycles on the NLG lower lock
fewer flight cycles since the NLG lower link was repaired or replaced.
link since the repair or replacement.
Airplanes on which the NLG lower lock link has accumulated more than Within 800 flight cycles on the NLG lower lock link after the effective
7,200 flight cycles since the NLG lower link was repaired or replaced.
date of this AD.
(1) Repaired as specified in Bombardier
Repair Drawing 8/4–32–0338;
(2) Repaired as specified in the Goodrich
Aerospace Canada Ltd. Component
Maintenance Manual, Part Number (P/N)
47300, 32–21–03;
(3) Replaced with a serviceable lock link
having P/N 47324–1 (SCR–093–17–B); or
(4) Replaced with a new lock link having
P/N 47324–1.
(i) Lock Link Excepted From Inspection
Requirements
The inspections specified in this AD are
not required for any new NLG lower lock link
having P/N 47324–3.
(j) Credit for Previous Actions
This paragraph provides credit for actions
required by paragraph (g) of this AD, if those
actions were performed before the effective
date of this AD using Bombardier Service
Bulletin 84–32–153, dated September 22,
2017, provided all drag strut joints were
greased, as specified in paragraphs 3.B.(1)(h)
and 3.D.(1)(c)5 of the Accomplishment
Instructions of this service information, using
aircraft maintenance manual (AMM) Task
12–20–01–640–802.
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(k) Terminating Action for Repetitive
Inspections
Within 8,000 flight cycles or 48 months on
the NLG lower lock link after the effective
date of this AD, whichever occurs first:
Replace the existing NLG lower lock link
with a new lower lock link having P/N
47324–3, in accordance with paragraphs 3.A.
and 3.B. of the Accomplishment Instructions
of Bombardier Service Bulletin 84–32–154,
Revision A, dated November 21, 2018.
Replacement of the lower lock link on the
NLG terminates the repetitive inspections
required by paragraphs (g) and (h) of this AD
for that airplane.
(l) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, New York 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 New York ACO Branch,
send it to ATTN: Program Manager,
Continuing Operational Safety, FAA, New
York ACO Branch, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; telephone
516–228–7300; fax 516–794–5531. Before
using any approved AMOC, notify your
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appropriate principal inspector, or lacking a
principal inspector, the manager of the local
flight standards district office/certificate
holding district office.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain corrective
actions from a manufacturer, the action must
be accomplished using a method approved
by the Manager, New York ACO Branch,
FAA; or Transport Canada Civil Aviation
(TCCA); or Bombardier, Inc.’s TCCA Design
Approval Organization (DAO). If approved by
the DAO, the approval must include the
DAO-authorized signature.
the availability of this material at NARA,
email fedreg.legal@nara.gov, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
(m) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) Canadian
AD CF–2018–01R1, dated January 21, 2019,
for related information. This MCAI may be
found in the AD docket on the internet at
https://www.regulations.gov by searching for
and locating Docket No. FAA–2018–0453.
(2) For more information about this AD,
contact Darren Gassetto, Aerospace Engineer,
Mechanical Systems and Administrative
Services Section, New York ACO Branch,
FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 516–228–
7323; fax 516–794–5531.
(3) 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.
DEPARTMENT OF TRANSPORTATION
(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 this AD specifies otherwise.
(i) Bombardier Service Bulletin 84–32–153,
Revision A, dated February 27, 2018.
(ii) Bombardier Service Bulletin 84–32–
154, Revision A, dated November 21, 2018.
(3) For service information identified in
this AD, contact De Havilland Aircraft of
Canada Ltd., Q-Series Technical Help Desk,
123 Garratt Boulevard, Toronto, Ontario M3K
1Y5, Canada; telephone: 416–375–4000; fax:
416–375–4539; email: thd@dehavilland.com;
internet: https://devahilland.com.
(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
SUMMARY:
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Issued in Des Moines, Washington, on
September 9, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2019–20897 Filed 9–25–19; 8:45 am]
BILLING CODE 4910–13–P
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
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
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.
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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 770–494–5444; fax 770–494–
5445; email hercules.support@
lmco.com. 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 https://
www.regulations.gov by searching for
and locating Docket No. FAA–2019–
0699.
ADDRESSES:
Examining the AD Docket
You may examine the AD docket on
the internet at https://
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: carl.w.gray@
faa.gov.
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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
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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
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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
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Federal Register / Vol. 84, No. 187 / Thursday, September 26, 2019 / Rules and Regulations
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 https://
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: carl.w.gray@faa.gov. 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
Action
Labor cost
Inspections ..................
16 work-hours × $85 per hour = $1,360 ............................................
The FAA estimates the following
costs to do any necessary replacements
that would be required based on the
Cost per
product
Parts cost
results of the inspection. The FAA has
no way of determining the number of
$0
Cost on U.S.
operators
$1,360
$40,800
aircraft that might need these
replacements:
ON-CONDITION COSTS
Action
Labor cost
Replacement .....................
740 work-hours × $85 per hour = $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
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Parts cost
$15,000
Cost per
product
$77,900
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.
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.
Regulatory Findings
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
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
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List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Adoption of the Amendment
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(f) Compliance
PART 39—AIRWORTHINESS
DIRECTIVES
Comply with this AD within the
compliance times specified, unless already
done.
1. The authority citation for part 39
continues to read as follows:
■
(g) Inspections
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 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.
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(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.
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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,
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50733
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: carl.w.gray@faa.gov.
(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 hercules.support@
lmco.com.
(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 fedreg.legal@nara.gov, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.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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26SER1
Agencies
[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 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 770-494-5444; 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 https://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 https://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
https://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: https://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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