[Federal Register Volume 88, Number 223 (Tuesday, November 21, 2023)]
[Rules and Regulations]
[Pages 80952-80955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25762]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-2140; Project Identifier AD-2023-01071-T; 
Amendment 39-22590; AD 2023-22-06]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 96-12-20, 
which applied to certain Lockheed Martin Corporation/Lockheed Martin 
Aeronautics Company Model 382, 382B, 382E, 382F, and 382G airplanes. AD 
96-12-20 required visual inspections to detect loose, missing, or 
deformed fasteners in the upper truss mounts of certain engines, visual 
inspections to detect cracking in the associated lugs, repetitive 
ultrasonic inspections to detect cracking of the upper lugs, and 
replacement of damaged or cracked parts. AD 96-12-20 also provided for 
an optional terminating action for the repetitive inspections. This AD 
was prompted by reports of fatigue cracking of the lugs of the upper 
truss mount, and by reports of cracks found prior to the initial 
inspection times required by AD 96-12-20 and the determination that the 
terminating action is no longer valid. This AD requires one-time 
inspections for cracked or severed engine truss mount upper lugs of the 
outboard engines, and replacement of the engine truss mount if 
necessary. This AD also revises the applicability to include all Model 
382, 382B, 382E, 382F, and 382G airplanes, and all Model

[[Page 80953]]

EC-130Q, C-130H, HP-C-130A, C-130A, and C-130B (including Model 282-
44A-05) airplanes. The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective November 21, 2023.
    The FAA must receive comments on this AD by January 5, 2024.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to regulations.gov. Follow 
the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> 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-2023-2140; 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.

FOR FURTHER INFORMATION CONTACT: Fred Caplan, Aviation Safety Engineer, 
FAA, 1701 Columbia Avenue, College Park, GA 30337; phone: 404-474-5507; 
email: <a href="/cdn-cgi/l/email-protection#271e0a6674680a66736b6664680a6663546741464609404851"><span class="__cf_email__" data-cfemail="3d04107c6e72107c69717c7e72107c794e7d5b5c5c135a524b">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

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-2023-2140 and Project Identifier 
AD-2023-01071-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: <a href="/cdn-cgi/l/email-protection#c5fce884968ae884918984868ae88481b685a3a4a4eba2aab3"><span class="__cf_email__" data-cfemail="f2cbdfb3a1bddfb3a6beb3b1bddfb3b681b2949393dc959d84">[email protected]</span></a>. 
Any commentary that the FAA receives that is not specifically 
designated as CBI will be placed in the public docket for this 
rulemaking.

Background

    The FAA issued AD 96-12-20, Amendment 39-9663 (61 FR 29279, June 
10, 1996; corrected August 16, 1996 (61 FR 42549)) (AD 96-12-20), for 
certain Lockheed Martin Corporation/Lockheed Martin Aeronautics Company 
Model 382, 382B, 382E, 382F, and 382G airplanes. AD 96-12-20 required 
visual inspections to detect loose, missing, or deformed fasteners in 
the upper truss mounts of certain engines; inspections to detect 
cracking in the associated lugs; repetitive ultrasonic inspections to 
detect cracking of the upper lugs; and replacement of damaged and 
cracked parts. This amendment also provides for an optional terminating 
action for the repetitive inspections. AD 96-12-20 was prompted by 
reports of fatigue cracking of the lugs of the upper truss mount. The 
FAA issued AD 96-12-20 to prevent multiple failures of the upper truss 
mounts due to problems associated with fatigue cracking, which could 
adversely affect the integrity of the engine mount structure.

Actions Since AD 96-12-20 Was Issued

    Since the FAA issued AD 96-12-20, the FAA has been notified of 
additional crack findings in engine truss mount upper lugs occurring 
prior to the initial inspection times required by AD 96-12-20. The 
cracks were found to have progressed entirely through these parts and 
have been found on multiple airplanes. In addition, modified parts, 
required by the terminating action in AD 96-12-20, that were intended 
to have a longer operational life have not resulted in longer periods 
before cracks occur; therefore, the previous terminating action is not 
valid, and airplanes on which the terminating action was done must be 
inspected. The restricted category models EC-130Q, C-130H, HP-C-130A, 
C-130A, and C-130B (including Model 282-44A-05) were added to the Model 
382 airplanes affected by AD 96-12-20, since they share the same type 
design in the area where cracking is occurring. Fatigue cracking of a 
single engine truss mount upper lug could reduce the static strength of 
an engine mount to limit load, while cracking of both lugs can lead to 
separation of the engine, catastrophic structural damage, and loss of 
control of the airplane.

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.

AD Requirements

    This AD does not retain the requirements of AD 96-12-20. This AD 
revises the applicability of AD 96-12-20 by expanding to all Model 382, 
382B, 382E, 382F, and 382G airplanes, and adding Model EC-130Q, C-130H, 
HP-C-130A, C-130A, and C-130B (including Model 282-44A-05) airplanes. 
This AD requires one-time inspections to detect cracking of the No. 1 
and No. 4 engine truss mount upper lugs, lower surfaces, at outer wing 
station (OWS) 162 and OWS 197; cracking of the No. 1 and No. 4 engine 
truss mount upper lug side surfaces, inboard and outboard, at OWS 162 
and OWS 197; and severed engine truss mount upper lugs; and replacement 
of the engine truss mount if found with cracked or severed engine truss 
mount upper lugs.

Interim Action

    The FAA considers this AD to be an interim action. If final action 
is later identified, the FAA might consider further rulemaking then.

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

[[Page 80954]]

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 fatigue cracking of a single engine truss mount upper lug 
reduces the static strength of an engine mount to limit load, while 
cracking of both lugs can lead to separation of the engine, 
catastrophic structural damage, and loss of control of the airplane. 
Further, based upon the additional applicability of affected airplanes 
and the previously insufficient service information, it is likely that 
further fatigue cracking and reduction in static strength has occurred 
and could result in imminent separation of the engine, catastrophic 
structural damage, and loss of control of the airplane. Finally, 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.

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 41 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...........................  10 work-hours x $85 per               $0            $850         $34,850
                                         hour = $850.
----------------------------------------------------------------------------------------------------------------

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

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs 
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: General requirements. 
Under that section, Congress charges the FAA with promoting safe flight 
of civil aircraft in air commerce by prescribing regulations for 
practices, methods, and procedures the Administrator finds necessary 
for safety in air commerce. This regulation is within the scope of that 
authority because it addresses an unsafe condition that is likely to 
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order 
13132. This AD will not have a substantial direct effect on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government.
    For the reasons discussed above, I certify that this AD is not a 
``significant regulatory action'' under Executive Order 12866.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

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:
a. Removing Airworthiness Directive (AD) AD 96-12-20, Amendment 39-9663 
(61 FR 29279, June 10, 1996; corrected August 16, 1996 (61 FR 42549)); 
and
b. Adding the following new AD:

2023-22-06 Lockheed Martin Corporation/Lockheed Martin Aeronautics 
Company: Amendment 39-22590; Docket No. FAA-2023-2140; Project 
Identifier AD-2023-01071-T.

(a) Effective Date

    This airworthiness directive (AD) is effective November 21, 
2023.

(b) Affected ADs

    This AD replaces AD 96-12-20, Amendment 39-9663 (61 FR 29279, 
June 10, 1996; corrected August 16, 1996 (61 FR 42549)) (AD 96-12-
20).

(c) Applicability

    This AD applies to the airplanes identified in paragraphs (c)(1) 
and (2) of this AD.
    (1) All Lockheed Martin Corporation/Lockheed Martin Aeronautics 
Company Model 382, 382B, 382E, 382F, and 382G airplanes, 
certificated in any category.

[[Page 80955]]

    (2) All 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 71, Powerplant.

(e) Unsafe Condition

    This AD was prompted by reports of fatigue cracking of an upper 
lug of the engine truss mount, and by reports of cracks found prior 
to the initial inspection times required by AD 96-12-20. The FAA is 
issuing this AD to address such fatigue cracking. Fatigue cracking 
of a single engine truss mount upper lug could reduce the static 
strength of an engine mount to limit load, while cracking of both 
lugs can lead to separation of the engine, catastrophic structural 
damage, and loss of control of the airplane.

(f) Compliance

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

(g) Required Actions

    Within 35 days after the effective date of this AD, do the 
inspections specified in paragraphs (g)(1) and (2) of this AD, using 
a method approved in accordance with the procedures specified in 
paragraph (i) of this AD. If any cracked or severed engine truss 
mount upper lug is found, the engine truss mount must be replaced 
before further flight, using a method approved in accordance with 
the procedures specified in paragraph (i) of this AD.
    (1) Do a one-time detailed visual inspection for cracking of the 
No. 1 and No. 4 engine truss mount upper lugs, lower surfaces, at 
outer wing station (OWS) 162 and OWS 197; and for severed engine 
truss mount upper lugs; at a total of four locations: two locations 
per engine mount, one mount assembly at each OWS.
    (2) Do a one-time borescope inspection for cracking of the No. 1 
and No. 4 engine truss mount upper lug side surfaces, inboard and 
outboard, at OWS 162 and OWS 197; and for severed engine truss mount 
upper lugs; at a total of eight locations: two locations per engine 
truss mount lug, two lugs per engine, one mount assembly at each 
OWS.
    Note 1 to paragraph (g): Guidance for accomplishing the 
inspections and replacement can be found in Lockheed Martin 
Aeronautics Company Alert Service Bulletin A382-57-103, dated 
October 19, 2023.

(h) 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 
inspections required by this AD can be performed, but special flight 
permits may not be issued to operate the airplane after a visual or 
borescope inspection has identified a cracked or severed lug, unless 
the operator contacts the Manager, East Certification Branch, FAA, 
for specific limitations that must be followed and complies with 
those limitations.

(i) 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 (j) 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.

(j) Related Information

    (1) 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: <a href="/cdn-cgi/l/email-protection#e1d8cca0b2aecca0b5ada0a2aecca0a592a1878080cf868e97"><span class="__cf_email__" data-cfemail="427b6f03110d6f03160e03010d6f030631022423236c252d34">[email protected]</span></a>.
    (2) For Lockheed Martin Aeronautics Company service information 
identified in this AD that is not incorporated by reference, 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 <a href="/cdn-cgi/l/email-protection#fe9f938dd08e918c8a9f92be92939d91d09d9193"><span class="__cf_email__" data-cfemail="03626e702d736c7177626f436f6e606c2d606c6e">[email protected]</span></a>. 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.

(k) Material Incorporated by Reference

    None.

    Issued on November 16, 2023.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2023-25762 Filed 11-17-23; 4:15 pm]
BILLING CODE 4910-13-P


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