[Federal Register Volume 89, Number 6 (Tuesday, January 9, 2024)]
[Rules and Regulations]
[Pages 1030-1033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00300]



[[Page 1030]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-0027; Project Identifier AD-2023-01202-T; 
Amendment 39-22653; AD 2024-01-02]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Lockheed Martin Corporation/Lockheed Martin Aeronautics Company Model 
382, 382B, 382E, 382F, 382G, and 382J airplanes; and Model C-130A, HP-
C-130A, EC-130Q, 282-44A-05 (C-130B), C-130B, and C-130H airplanes. 
This AD was prompted by the determination that certain aft fuselage 
sloping longerons may have been exposed to excessively hot forming 
temperatures for excessive amounts of time, which will reduce the 
mechanical properties of the longerons and affect their static 
strength. This AD requires, for certain airplanes, a records review to 
determine if a conductivity check has been performed on the longerons 
and to determine if the check was measured at least every four inches. 
This AD also requires, for certain airplanes, an inspection and 
applicable repairs. This AD also prohibits installation of affected 
parts under certain conditions. The FAA is issuing this AD to address 
the unsafe condition on these products.

DATES: This AD is effective January 24, 2024.
    The FAA must receive comments on this AD by February 23, 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-2024-0027; 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; telephone 404-474-
5507; email <a href="/cdn-cgi/l/email-protection#083125495b4725495c44494b4725494c7b486e6969266f677e"><span class="__cf_email__" data-cfemail="536a7e12001c7e12071f12101c7e121720133532327d343c25">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    The FAA previously issued AD 2023-11-10, Amendment 39-22456 (88 FR 
41308, June 26, 2023) (AD 2023-11-10), for all Lockheed Martin 
Corporation/Lockheed Martin Aeronautics Company Model 382, 382B, 382E, 
382F, 382G, and 382J airplanes; and Model C-130A, HP-C-130A, EC-130Q, 
282-44A-05 (C-130B), C-130B, and C-130H airplanes. AD 2023-11-10 
requires, for certain airplanes, a review of the airplane maintenance 
records to determine if the left or right aft fuselage sloping 
longeron, having part number (P/N) 342986-( ), has been replaced on or 
after December 31, 2012. AD 2023-11-10 also requires a conductivity 
check on certain aft fuselage sloping longerons and applicable on-
condition actions, and prohibits the installation of certain aft 
fuselage sloping longerons under certain conditions. Lockheed 
determined that those longerons may have been exposed to excessively 
hot forming temperatures for excessive amounts of time during 
manufacturing. Exposure to the higher temperatures and extended time 
will reduce the mechanical properties of the longerons and affect their 
static strength. If both aft fuselage sloping longerons are 
understrength, the structural integrity of the airplane would be 
reduced below limit load, which could lead to failure of both 
longerons.
    Lockheed engineering analysis has since identified an increased 
minimum acceptable hardness (above that required by AD 2023-11-10) 
necessary to maintain a positive margin of safety from fuselage station 
(FS) 750 to FS 770. In addition, Lockheed Martin engineering analysis 
has since identified the vertical flange as the critical location, and 
this location was not previously tested. As a result, Lockheed Martin 
Aeronautics Company issued Alert Service Bulletin A382-53-70, dated 
November 20, 2023, to provide procedures for a conductivity check and 
hardness test, as applicable, for all affected airplanes, except for 
Model 382J airplanes.
    Lockheed has advised that related testing has been completed on all 
Model 382J airplanes (there are currently five total Model 382J 
airplanes), and that the test results have adequately determined that 
the aft fuselage sloping longerons meet specifications and the unsafe 
condition does not currently exist on Model 382J airplanes. Those 
airplanes are therefore not included in paragraph (g) of this AD. 
However, the parts installation limitation in paragraph (h)(2) of this 
AD does apply to the Model 382J airplanes.
    The FAA is issuing this AD to address a defective aft fuselage 
sloping longeron, which could eventually fail, resulting in reduced 
structural integrity of the airplane and possible 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

    For airplanes (except Model 382J airplanes) on which the left- or 
right-hand aft fuselage sloping longeron, P/N 342986-( ), was replaced 
on or after December 31, 2012, and for airplanes (except Model 382J 
airplanes) on which a review of the airplane maintenance records cannot 
conclusively determine whether the part has been replaced, this AD 
requires a review of the airplane maintenance records to determine if a 
conductivity check has been performed on both left- and right-hand aft 
fuselage sloping longerons part number 342986-( ), from fuselage 
station (FS) 750 to FS 770, as specified in Lockheed Martin Aeronautics 
Company Alert Service Bulletin A382-53-69, dated April 12, 2023, and to 
determine if the check was measured at least every four inches. This AD 
also requires, for certain airplanes, an inspection of the airplane and 
applicable repairs that must be done using a method approved by the 
Manager, FAA East Certification Branch. The inspection could include a 
conductivity check, a hardness test, and a verification that results 
are within certain values.
    This AD also prohibits installation of affected parts under certain 
conditions.

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

[[Page 1031]]

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.

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency, for ``good cause,'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than thirty days, 
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies forgoing notice and comment prior to adoption of this rule 
because numerous understrength aft fuselage sloping longerons have been 
found on military airplanes of the same type design, and it is likely 
that understrength longerons are also installed on in-service 
airplanes. The possibility of both longerons being understrength 
violates fail-safe design. If both aft fuselage sloping longerons are 
understrength, the structural integrity of the airplane would be 
reduced below limit load, which could lead to failure of both longerons 
and result in loss of the airplane. Accordingly, notice and opportunity 
for prior public comment are impracticable and contrary to the public 
interest pursuant to 5 U.S.C. 553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5 
U.S.C. 553(d) for making this amendment effective in less than 30 days, 
for the same reasons the FAA found good cause to forgo notice and 
comment.

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include Docket No. FAA-2024-0027 and Project Identifier AD-
2023-01202-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; telephone 404-474-5507; email <a href="/cdn-cgi/l/email-protection#1c25315d4f53315d48505d5f53315d586f5c7a7d7d327b736a"><span class="__cf_email__" data-cfemail="fac3d7bba9b5d7bbaeb6bbb9b5d7bbbe89ba9c9b9bd49d958c">[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.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not 
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt 
a rule without prior notice and comment. Because the FAA has determined 
that it has good cause to adopt this rule without notice and comment, 
RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 36 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
          Action              Labor cost       Parts cost         Cost per product       Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Records review...........  1 work-hour x                 $0  $85......................  $3,060.
                            $85 per hour =
                            $85.
Inspection *.............  Up to 20 work-                 0  Up to $1,700.............  Up to $61,200.
                            hours x $85 per
                            hour = Up to
                            $1,700.
----------------------------------------------------------------------------------------------------------------
* The inspection could include a conductivity check, a hardness test, and a verification that results are within
  certain values.

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

Authority for This Rulemaking

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

Regulatory Findings

    This AD will not have federalism implications under Executive Order

[[Page 1032]]

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 adding the following new airworthiness 
directive:

2024-01-02 Lockheed Martin Corporation/Lockheed Martin Aeronautics 
Company: Amendment 39-22653; Docket No. FAA-2024-0027; Project 
Identifier AD-2023-01202-T.

(a) Effective Date

    This airworthiness directive (AD) is effective January 24, 2024.

(b) Affected ADs

    This AD affects AD 2023-11-10, Amendment 39-22456 (88 FR 41308, 
June 26, 2023) (AD 2023-11-10).

(c) Applicability

    This AD applies to the airplanes identified in paragraphs (c)(1) 
through (3) of this AD.
    (1) All Lockheed Martin Corporation/Lockheed Martin Aeronautics 
Company Model 382, 382B, 382E, 382F, and 382G airplanes, 
certificated in any category.
    (2) All Lockheed Martin Corporation/Lockheed Martin Aeronautics 
Company Model 382J airplanes, certificated in any category.
    (3) All airplanes specified in paragraphs (c)(3)(i) through (xi) 
of this AD, type certificated in the restricted category.
    (i) LeSEA Model C-130A airplanes (transferred from Central Air 
Services, Inc.), Type Certificate Data Sheet (TCDS) A34SO, Revision 
1.
    (ii) T.B.M., Inc., Model C-130A airplanes, TCDS A39CE, Revision 
3.
    (iii) Western International Aviation, Inc., Model C-130A 
airplanes, TCDS A33NM.
    (iv) USDA Forest Service Model C-130A airplanes, TCDS A15NM, 
Revision 4.
    (v) Snow Aviation International, Inc., Model C-130A airplanes, 
TCDS TQ3CH, Revision 1.
    (vi) International Air Response (transferred from Rogers 
Helicopters, Inc., and Heavylift Helicopters Inc.) Model C-130A 
airplanes, TCDS A31NM, Revision 3.
    (vii) Heavylift Helicopters, Inc., Model C-130B airplanes, TCDS 
A35NM, Revision 1.
    (viii) Hawkins & Powers Aviation, Inc., Model HP-C-130A 
airplanes, TCDS A30NM, Revision 1.
    (ix) Coulson Aviation (USA), Inc., Model EC-130Q and C-130H 
airplanes, TCDS T00019LA, Revision 4.
    (x) Lockheed-Georgia Company Model 282-44A-05 (C-130B) 
airplanes, TCDS A5SO.
    (xi) Surplus Model C-130A airplanes.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by the determination that certain aft 
fuselage sloping longerons may have been exposed to excessively hot 
forming temperatures for excessive amounts of time, which will 
reduce the mechanical properties of the longerons and affect their 
static strength. The FAA is issuing this AD to address the 
possibility of both aft sloping longerons being understrength, which 
would reduce the structural integrity of the airplane below limit 
load (i.e., maximum load to be expected in service) and could lead 
to failure of both longerons. The unsafe condition, if not 
addressed, could result loss of the airplane.

(f) Compliance

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

(g) Records Review and Applicable Actions

    For airplanes identified in paragraphs (c)(1) and (3) of this AD 
on which the left- or right-hand aft fuselage sloping longeron, P/N 
342986-( ), was replaced on or after December 31, 2012, and 
airplanes identified in paragraphs (c)(1) and (3) of this AD on 
which a review of the airplane maintenance records cannot 
conclusively determine whether the part has been replaced: Do the 
actions specified in both paragraphs (g)(1) and (2) of this AD.
    (1) Within 35 days after the effective date of this AD, review 
the airplane maintenance records to determine if a conductivity 
check has been performed on both left- and right-hand aft fuselage 
sloping longerons part number 342986-( ), from fuselage station (FS) 
750 to FS 770, as specified in Lockheed Martin Aeronautics Company 
Alert Service Bulletin A382-53-69, dated April 12, 2023, and to 
determine if the check was measured at least every four inches.
    (2) Within 90 days after the effective date of this AD, inspect 
the airplane and do all applicable repairs using a method approved 
by the Manager, FAA East Certification Branch.

(h) Parts Installation Limitation

    (1) For airplanes identified in paragraphs (c)(1) and (3) of 
this AD: As of the effective date of this AD, no person may install 
an aft fuselage sloping longeron part number 342986-( ) on any 
airplane, unless all applicable actions specified in paragraph (g) 
of this AD have been accomplished. The parts installation limitation 
required by this paragraph replaces the parts installation 
limitation required by paragraph (n)(1) of AD 2023-11-10.
    (2) For airplanes identified in paragraph (c)(2) of this AD: As 
of the effective date of this AD, no person may install an aft 
fuselage sloping longeron part number 342986-( ) on any airplane, 
unless a conductivity check has been performed on the aft fuselage 
sloping longeron, from fuselage station (FS) 750 to FS 770, using a 
method approved by the Manager, FAA, East Certification Branch. The 
parts installation limitation required by this paragraph replaces 
the parts installation limitation required by paragraph (n)(2) of AD 
2023-11-10.

(i) 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 
actions required by this AD can be performed, but special flight 
permits may not be issued to operate the airplane after the actions 
required by this AD have identified an aft fuselage sloping longeron 
that does not meet the applicable requirements, unless the operator 
contacts the Manager, East Certification Branch, FAA, for specific 
limitations that must be followed and complies with those 
limitations.

(j) 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 (k)(1) of this AD.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the responsible Flight Standards Office.

(k) Related Information

    (1) For more information about this AD, contact Fred Caplan, 
Aviation Safety Engineer, FAA, 1701 Columbia Avenue, College Park, 
GA 30337; telephone 404-474-5507; email <a href="/cdn-cgi/l/email-protection#f0c9ddb1a3bfddb1a4bcb1b3bfddb1b483b0969191de979f86"><span class="__cf_email__" data-cfemail="4e77630f1d01630f1a020f0d01630f0a3d0e282f2f60292138">[email protected]</span></a>.
    (2) For Lockheed 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#73121e005d031c0107121f331f1e101c5d101c1e"><span class="__cf_email__" data-cfemail="a0c1cdd38ed0cfd2d4c1cce0cccdc3cf8ec3cfcd">[email protected]</span></a>. You may view this service information at the 
FAA, Airworthiness Products Section, Operational Safety Branch,

[[Page 1033]]

2200 South 216th St., Des Moines, WA. For information on the 
availability of this material at the FAA, call 206-231-3195.

(l) Material Incorporated by Reference

    None.

    Issued on January 4, 2024.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2024-00300 Filed 1-5-24; 11:15 am]
BILLING CODE 4910-13-P


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