[Federal Register Volume 84, Number 187 (Thursday, September 26, 2019)]
[Rules and Regulations]
[Pages 50730-50733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20855]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0699; Product Identifier 2019-NM-148-AD; Amendment 
39-19736; AD 2019-18-09]
RIN 2120-AA64


Airworthiness Directives; Lockheed Martin Corporation/Lockheed 
Martin Aeronautics Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Lockheed Martin Corporation/Lockheed Martin Aeronautics Company Model 
382, 382B, 382E, 382F, and 382G airplanes; and Model C-130A, HP-C-130A, 
EC-130Q, and C-130B airplanes. This AD requires a visual inspection of 
the center wing upper and lower rainbow fittings for cracks, an eddy 
current inspection of the center wing lower rainbow fittings for 
cracks, and replacement if necessary. This AD was prompted by reports 
of cracked inner tangs of the center wing lower rainbow fittings. The 
FAA is issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective October 11, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 11, 
2019.
    The FAA must receive comments on this AD by November 12, 2019.

[[Page 50731]]


ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this final rule, contact 
Lockheed Martin Corporation/Lockheed Martin Aeronautics Company, 
Customer Support Center, Dept. 3E1M, Zone 0591, 86 S. Cobb Drive, 
Marietta, GA 30063; telephone 770-494-5444; fax 770-494-5445; email 
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 http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0699.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0699; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this final rule, the regulatory evaluation, any comments received, and 
other information. The street address for Docket Operations (phone: 
800-647-5527) is listed above. Comments will be available in the AD 
docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Carl Gray, Aerospace Engineer, 
Airframe Section, FAA, Atlanta ACO Branch, 1701 Columbia Avenue, 
College Park, GA 30337; phone: 404-474-5554; fax: 404-474-5606; email: 
carl.w.gray@faa.gov.

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA received reports of cracked inner tangs of the center wing 
lower rainbow fitting. Each tang (node) contains a single attachment 
bolt to the outer wing. If three or more tangs fail, the rainbow 
fitting can no longer carry limit load and the rainbow fitting may 
fail. This condition, if not addressed, could result in failure of the 
center wing lower rainbow fittings, wing separation, and loss of the 
airplane.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Lockheed Martin Aeronautics Company Alert Service 
Bulletin A382-57-98, Revision 1, dated August 16, 2019. This service 
information describes procedures for a visual inspection of the center 
wing upper and lower rainbow fittings for cracks, an eddy current 
inspection of the center wing lower rainbow fittings for cracks, and 
replacement if necessary. This service information is reasonably 
available because the interested parties have access to it through 
their normal course of business or by the means identified in the 
ADDRESSES section.

FAA's Determination

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

AD Requirements

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

Impact on Intrastate Aviation in Alaska

    In light of the heavy reliance on aviation for intrastate 
transportation in Alaska, the FAA fully considered the effects of this 
AD (including costs to be borne by affected operators) from the 
earliest possible stages of AD development. This AD is based on those 
considerations, and was developed with regard to minimizing the 
economic impact on operators to the extent possible, consistent with 
the safety objectives of this AD. In any event, the Federal Aviation 
Regulations require operators to correct an unsafe condition identified 
on an airplane to ensure operation of that airplane in an airworthy 
condition. The FAA has determined in this case that the requirements 
are necessary and the indirect costs would be outweighed by the safety 
benefits of the AD.

Differences Between This AD and the Service Information

    Lockheed Martin Aeronautics Company Alert Service Bulletin A382-57-
98, Revision 1, dated August 16, 2019, specifies that, for certain 
airplanes, Service Bulletin 382-57-97, or the results of a Lockheed 
Martin Operational Usage Evaluation (OUE) should be used to determine 
the number of flight hours on the center wing lower rainbow fittings. 
This AD would not allow the use of Service Bulletin 382-57-97 or the 
OUE to determine the number of flight hours on the center wing lower 
rainbow fittings, because Service Bulletin 382-57-97 and the OUE have 
not been approved by the FAA. If operators are unable to determine the 
number of flight hours on the center wing lower rainbow fittings, they 
must do the actions required by this AD within 30 days after the 
effective date of this AD.

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C.) authorizes agencies to dispense with notice and comment 
procedures for rules when the agency, for ``good cause,'' finds that 
those procedures are ``impracticable, unnecessary, or contrary to the 
public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without seeking comment prior to the 
rulemaking. Similarly, Section 553(d) of the APA authorizes agencies to 
make rules effective in less than thirty days, upon a finding of good 
cause.
    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies waiving notice and comment prior to adoption of this rule 
because cracked inner tangs of the center wing lower rainbow fittings 
could result in failure of the center wing lower rainbow fittings, wing 
separation, and loss of the airplane. Furthermore, based upon the age 
of the fleet it is likely that many airplanes are beyond the threshold 
specified in this AD. Thus, the compliance time for the required action 
is shorter than the time necessary for the public to comment and for 
publication of the final rule.
    Accordingly, notice and opportunity for prior public comment are 
impracticable and contrary to the public interest pursuant to 5 U.S.C. 
553(b)(3)(B). In addition, for the reasons stated above, the FAA finds 
that good cause exists pursuant to 5 U.S.C. 553(d) for making this 
amendment effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety and was not preceded by notice and an

[[Page 50732]]

opportunity for public comment. However, the FAA invites you to send 
any written data, views, or arguments about this final rule. Send your 
comments to an address listed under the ADDRESSES section. Include the 
docket number FAA-2019-0699 and Product Identifier 2019-NM-148-AD at 
the beginning of your comments. The FAA specifically invites comments 
on the overall regulatory, economic, environmental, and energy aspects 
of this final rule. The FAA will consider all comments received by the 
closing date and may amend this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
http://www.regulations.gov, including any personal information you 
provide. The FAA will also post a report summarizing each substantive 
verbal contact received about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this AD contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this AD, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this AD. Submissions containing CBI should be sent to Carl 
Gray, Aerospace Engineer, Airframe Section, FAA, Atlanta ACO Branch, 
1701 Columbia Avenue, College Park, GA 30337; phone: 404-474-5554; fax: 
404-474-5606; email: 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
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
                                                                                                     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.
    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: 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: http://www.archives.gov/federal-register/cfr/ibr-locations.html.


    Issued in Des Moines, Washington, on September 16, 2019.
Suzanne Masterson,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-20855 Filed 9-25-19; 8:45 am]
 BILLING CODE 4910-13-P


