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[Federal Register Volume 79, Number 230 (Monday, December 1, 2014)]
[Proposed Rules]
[Pages 71033-71037]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-28304]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0779; Directorate Identifier 2014-NM-052-AD]
RIN 2120-AA64

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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for all 
Lockheed Martin Corporation/Lockheed Martin Aeronautics Company Model 
382, 382B, 382E, 382F, and 382G airplanes. This proposed AD was 
prompted by an evaluation by the design approval holder (DAH) 
indicating that the outer wings are subject to widespread fatigue 
damage (WFD). This proposed AD would

[[Page 71034]]

require replacing certain outer wings with new or certain serviceable 
outer wings. We are proposing this AD to prevent fatigue cracking of 
the outer wing, and to prohibit exceeding the limit of validity (LOV), 
which could result in reduced structural integrity of the airplane.

DATES: We must receive comments on this proposed AD by January 15, 
2015.

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 proposed AD, contact 
Lockheed Martin Corporation/Lockheed Martin Aeronautics Company, 
Airworthiness Office, Dept. 6A0M, Zone 0252, Column P-58, 86 S. Cobb 
Drive, Marietta, GA 30063; telephone 770-494-5444; fax 770-494-5445; 
email ams.portal@lmco.com; Internet http://www.lockheedmartin.com/ams/tools/TechPubs.html. You may view this referenced service information 
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., 
Renton, WA. For information on the availability of this material at the 
FAA, call 425-227-1221.

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-2014-
0779; or in person at the Docket Management Facility between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this proposed AD, the regulatory evaluation, any comments 
received, and other information. The street address for the Docket 
Office (phone: 800-647-5527) is in the ADDRESSES section. Comments will 
be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Carl Gray, Aerospace Engineer, 
Airframe Branch, ACE-117A, FAA, Atlanta Aircraft Certification Office 
(ACO), 1701 Columbia Avenue, College Park, GA 30337; phone: 404-474-
5554; fax: 404-474-5605; email: Carl.W.Gray@faa.gov.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2014-0779; 
Directorate Identifier 2014-NM-052-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    Structural fatigue damage is progressive. It begins as minute 
cracks, and those cracks grow under the action of repeated stresses. 
This can happen because of normal operational conditions and design 
attributes, or because of isolated situations or incidents such as 
material defects, poor fabrication quality, or corrosion pits, dings, 
or scratches. Fatigue damage can occur locally, in small areas or 
structural design details, or globally. Global fatigue damage is 
general degradation of large areas of structure with similar structural 
details and stress levels. Multiple-site damage is global damage that 
occurs in a large structural element such as a single rivet line of a 
lap splice joining two large skin panels. Global damage can also occur 
in multiple elements such as adjacent frames or stringers. Multiple-
site-damage and multiple-element-damage cracks are typically too small 
initially to be reliably detected with normal inspection methods. 
Without intervention, these cracks will grow, and eventually compromise 
the structural integrity of the airplane, in a condition known as WFD. 
As an airplane ages, WFD will likely occur, and will certainly occur if 
the airplane is operated long enough without any intervention.
    The FAA's WFD final rule (75 FR 69746, November 15, 2010) became 
effective on January 14, 2011. The WFD rule requires certain actions to 
prevent structural failure due to WFD throughout the operational life 
of certain existing transport category airplanes and all of these 
airplanes that will be certificated in the future. For existing and 
future airplanes subject to the WFD rule, the rule requires that DAHs 
establish a limit of validity (LOV) of the engineering data that 
support the structural maintenance program. Operators affected by the 
WFD rule may not fly an airplane beyond its LOV, unless an extended LOV 
is approved.
    The WFD rule (75 FR 69746, November 15, 2010) does not require 
identifying and developing maintenance actions if the DAHs can show 
that such actions are not necessary to prevent WFD before the airplane 
reaches the LOV. Many LOVs, however, do depend on accomplishment of 
future maintenance actions. As stated in the WFD rule, any maintenance 
actions necessary to reach the LOV will be mandated by airworthiness 
directives through separate rulemaking actions.
    In the context of WFD, this action is necessary to enable DAHs to 
propose LOVs that allow operators the longest operational lives for 
their airplanes, and still ensure that WFD will not occur. This 
approach allows for an implementation strategy that provides 
flexibility to DAHs in determining the timing of service information 
development (with FAA approval), while providing operators with 
certainty regarding the LOV applicable to their airplanes.
    This proposed AD for all Lockheed Martin Corporation/Lockheed 
Martin Aeronautics Company Model 382, 382B, 382E, 382F, and 382G 
airplanes was prompted by an evaluation by the DAH indicating that the 
outer wings are subject to WFD. The root cause of WFD is fatigue cracks 
manifesting and growing simultaneously at similar structural details 
and stress levels on the outer wings. Fatigue cracking is increasingly 
likely as the airplane is being operated and is aging; and without 
intervention, fatigue cracking of the outer wing could result in 
reduced structural integrity of the airplane.

Relevant Service Information

    We reviewed Lockheed Service Bulletin 382-57-96, dated December 16, 
2013. This service bulletin describes procedures for replacing outer 
wings having serial numbers 3946 through 4541 inclusive, and for 
replacing manufacturing end product replacement outer wings 14Y series 
having part numbers 388021-9/-10 with new or certain serviceable outer 
wings.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or

[[Page 71035]]

develop in other products of the same type designs.

Proposed AD Requirements

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

Differences Between This Proposed AD and the Service Information

    Operators should note that Lockheed Service Bulletin 382-57-96, 
dated December 16, 2013, states that airplanes with more than 30,000 
total flight hours on certain outer wings should be grounded until the 
outer wings are replaced. The manufacturer has informed us that there 
is a 28-month lead time for obtaining replacement outer wings. We find 
30 months after the effective date of this AD for airplanes having 
outer wings that have accumulated 30,000 total flight hours or more to 
be an appropriate compliance time to complete outer wing replacement. 
In developing the compliance time for this action, we considered the 
degree of urgency associated with addressing the unsafe condition, the 
maximum interval of time allowable for all affected airplanes to 
continue to operate without compromising safety, and the availability 
of required parts.

Explanation of Compliance Time

    The compliance time for the replacement specified in this proposed 
AD for addressing WFD was established to ensure that discrepant 
structure is replaced before WFD develops in airplanes. Standard 
inspection techniques cannot be relied on to detect WFD before it 
becomes a hazard to flight. We will not grant any extensions of the 
compliance time to complete any AD-mandated service bulletin related to 
WFD without extensive new data that would substantiate and clearly 
warrant such an extension.

Costs of Compliance

    We estimate that this proposed AD affects 20 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Left and right outer wing             1,500 work-hours x $85       $8,000,000       $8,127,500     $162,550,000
 replacement.                          per hour = $127,500.
----------------------------------------------------------------------------------------------------------------

Initial Regulatory Flexibility Analysis

    This section presents the initial regulatory flexibility analysis 
(IRFA) that was prepared for this action. We have reworded and 
reformatted this analysis for publication in the Federal Register.
    The Regulatory Flexibility Act of 1980 (Public Law 96-354) (RFA) 
establishes ``as a principle of regulatory issuance that agencies shall 
endeavor, consistent with the objectives of the rule and of applicable 
statutes, to fit regulatory and informational requirements to the scale 
of the businesses, organizations, and governmental jurisdictions 
subject to regulation. To achieve this principle, agencies are required 
to solicit and consider flexible regulatory proposals and to explain 
the rationale for their actions to assure that such proposals are given 
serious consideration.'' The RFA covers a wide range of small entities, 
including small businesses, not-for-profit organizations, and small 
governmental jurisdictions.
    Agencies must perform a review to determine whether a rule will 
have a significant economic impact on a substantial number of small 
entities. If the agency determines that it will, the agency must 
prepare a regulatory flexibility analysis as described in the RFA.
    The FAA finds that this proposed rule would have a significant 
impact on a substantial number of entities. Therefore, under Section 
603(b) of the RFA, the IRFA must address:
     A description of reasons the agency is considering the 
action;
     A statement of the legal basis and objectives for the 
proposed rule;
     A description of the record keeping and other compliance 
requirements of the proposed rule;
     All federal rules that may duplicate, overlap, or conflict 
with the proposed rule;
     A description and an estimated number of small entities to 
which the proposed rule will apply; and
     A description of alternatives considered.
    The following provides a detailed description of each of the six 
items specified previously.

1. A Description of Reasons the Agency Is Considering the Action

    We are proposing to adopt a new AD for all Lockheed Martin 
Corporation/Lockheed Martin Aeronautics Company Model 382, 382B, 382E, 
382F, and 382G airplanes because we evaluated all the relevant 
information and determined the unsafe condition is likely to exist or 
develop in other products of the same type design. This proposed rule 
was prompted by an evaluation by the design approval holder (DAH) 
indicating that the outer wings are subject to WFD. This proposed rule 
would require replacing certain outer wings with new or certain 
serviceable outer wings.

2. A Statement of the Legal Basis and Objectives for the Proposed Rule

    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. We 
propose 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. The 
objective of this proposed AD is to prevent fatigue cracking of the 
outer wing, which has resulted in an accident, and to prohibit 
exceeding the LOV.

3. A Description of the Record Keeping and Other Compliance 
Requirements of the Proposed Rule

    The agency expects only minimal documentation, reporting, and 
record-keeping compliance requirements to result from this proposed 
rule. Every operator (including small businesses and businesses with 
greater than 1,500

[[Page 71036]]

employees) will incur a paperwork burden.

4. All Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rule

    We are unaware that this proposed rule will overlap, duplicate, or 
conflict with existing Federal rules.

5. A Description and an Estimated Number of Small Entities to Which the 
Proposed Rule Will Apply

    Operators affected by this proposed rule would be required to 
comply with the AD requirements within 30 months after the effective 
date of the final rule. The FAA uses current U.S. operators' employment 
and annual revenue in order to determine the number of operators this 
proposed rule affects.
    To determine the economic impact of this proposed rule on small 
business operators, the agency began by identifying the affected firms, 
gathering operational data, and establishing the compliance cost 
impact. We obtained a list of U.S. operators who would be affected by 
this proposed rule from the FAA Flight Standards Service National Vital 
Information Subsystem (NVIS) database and from private fleet data 
providers. Using information provided by the U.S. Department of 
Transportation Form 41 filings, the World Aviation Directory & 
Aerospace Database (WAD), and the Internet, the agency obtained company 
revenue and employment for many of the operators.
    We determined that nine operators could be affected by this 
proposed rule. Many of these are air cargo operators. Of the nine 
operators, there are seven that publically reported annual employment 
and operating revenue data. All seven operators that reported annual 
employment data are below the Small Business Administration's (SBA) 
size standard of 1,500 employees for a small business in the air 
transport industry. Due to the sparse amount of publicly available data 
on internal company financial and employment statistics for small 
entities, it is not feasible to identify how many of the remaining 
carriers would also qualify as small businesses. Based on the 
publically available data, this proposed rule would have an impact on a 
substantial number of small entities.
    To assess this proposed rule's cost impact to small business 
operators, we determined the additional cost this rulemaking would add 
to the seven operators.
    We use the average hourly labor cost (including benefits) as a 
basis to estimate costs for the outer wing replacement of the affected 
aircraft. In order to estimate the impact on small entities, we sum the 
incremental costs of this proposed rule, and use that estimate to 
calculate an average cost per operator. We then use that average to 
estimate the total cost burden on operators that we identify as meeting 
the above definition of small entities.
    Specifically, we estimate each operator's total compliance cost by 
multiplying our estimate of the average cost per outer wing replacement 
by the number of affected aircraft each of the seven air carriers 
operate that meet the SBA's size standard for a small business of 1,500 
employees.
    From the summer 2013 edition of the Airliner Price Guide, we 
determined the used retail value of the affected aircraft, which ranges 
between $1.92 and $2.91 million. In the preamble of this proposed rule, 
we estimate that it would cost an operator about $8.1 million to 
replace the outer wing. In other words, this proposed rule would cost 
between three to four times the retail value of the aircraft.
    On the basis of these estimates, we conclude that this proposed 
rule will have a significant economic impact on a substantial number of 
small entities.

6. A Description of Alternatives Considered

    The FAA considered alternatives as it developed the proposed rule. 
A discussion of those alternatives follows.
Alternative 1: The Status Quo
    The status quo alternative has no compliance costs, but to continue 
operation of the affected aircraft constitutes a known unsafe 
condition. Therefore, we rejected this status quo alternative.
Alternative 2: Excluding Certain Small Entities
    We considered excluding certain operators from compliance with the 
proposed rule because they are small entities; however, the affected 
aircraft operated by small entities could experience WFD, which could 
result in reduced structural integrity of the airplane that has led to 
catastrophic accidents. Thus, we did not find this alternative to be 
acceptable.
Alternative 3: Extending the Final Compliance Date for Small Entities
    Extending the compliance date for small entities reduces the costs 
to small entities over the analysis interval. Under this alternative, 
we expect that the projected cost of the proposed rule would still be 
significant for some of the operators studied. As the airplane ages, 
the wing deteriorates, making a flight less safe. Thus, we also found 
this alternative to be unacceptable.
    Therefore, this rulemaking will have a significant economic impact 
on a substantial number of small entities. We invite public comments 
regarding this determination.

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.
    We are 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 proposed 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

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will have a significant economic impact, positive or negative, 
on a substantial number of small entities under the criteria of the 
Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

[[Page 71037]]

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):

Lockheed Martin Corporation/Lockheed Martin Aeronautics Company: 
Docket No. FAA-2014-0779; Directorate Identifier 2014-NM-052-AD.

(a) Comments Due Date

    We must receive comments by January 15, 2015.

(b) Affected ADs

    This AD affects AD 2012-06-09, Amendment 39-16990 (77 FR 21404, 
April 10, 2012); AD 2011-15-02, Amendment 39-16749 (76 FR 41647, 
July 15, 2011).

(c) Applicability

    This AD applies to all Lockheed Martin Corporation/Lockheed 
Martin Aeronautics Company Model 382, 382B, 382E, 382F, and 382G 
airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Unsafe Condition

    This AD was prompted by an evaluation by the design approval 
holder indicating that the outer wings are subject to widespread 
fatigue damage. We are issuing this AD to prevent fatigue cracking 
of the outer wing, which could result in reduced structural 
integrity of the airplane.

(f) Compliance

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

(g) Outer Wing Replacement

    For airplanes with outer wings having serial numbers (S/Ns) 3946 
through 4541 inclusive, or manufacturing end product (MEP) 
replacement outer wings 14Y series having part numbers (P/Ns) 
388021-9/-10: Before the accumulation of 30,000 total flight hours 
on the outer wings, or within 30 months after the effective date of 
this AD, whichever occurs later, except as specified in paragraph 
(i) of this AD, replace the outer wings as provided in paragraphs 
(h)(1) and (h)(2) of this AD, as applicable, in accordance with the 
Accomplishment Instructions of Lockheed Service Bulletin 382-57-96, 
dated December 16, 2013.

(h) Acceptable Replacement Wings

    (1) Outer wings having S/Ns 3946 through 4541 inclusive, and MEP 
replacement outer wings 14Y series having P/Ns 388021-9/-10, are 
acceptable for the outer wing replacement required by paragraph (g) 
of this AD, provided that the replacement outer wing has accumulated 
less than 30,000 total flight hours. Upon reaching 30,000 total 
flight hours, the replacement outer wing must be replaced as 
required by paragraph (g) of this AD.
    (2) Outer wings having S/Ns 4542 and subsequent, or all MEP 
replacement outer wings, except for 14Y series having P/Ns 388021-9/
-10, that have accumulated less than 75,000 total flight hours are 
acceptable for the outer wing replacement required by paragraph (g) 
of this AD.

    Note 1 to paragraph (h) of this AD:  Lockheed Service Bulletin 
382-57-96, dated December 16, 2013, describes an option to salvage 
certain system components when replacing an outer wing. An operator 
may need to recertify compliance with AD 2012-06-09, Amendment 39-
16990 (77 FR 21404, April 10, 2012); and AD 2011-15-02, Amendment 
39-16749 (76 FR 41647, July 15, 2011); if salvaged components are 
used in a replacement wing.

(i) Wings With Previous Military Usage

    For airplanes that have any wing with previous military usage: 
Within 30 days after the effective date of this AD, contact the 
Manager, Atlanta Aircraft Certification Office (ACO), FAA, for a 
compliance time to accomplish the actions required by paragraph (g) 
of this AD. For a compliance time to be approved by the Manager, 
Atlanta ACO, as required by this paragraph, the Manager's approval 
letter must specifically refer to this AD.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Atlanta ACO, 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 
ACO, 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 local flight standards district office/certificate holding 
district office.

(k) Related Information

    (1) For more information about this AD, Carl Gray, Aerospace 
Engineer, Airframe Branch, ACE-117A, FAA, Atlanta ACO, 1701 Columbia 
Avenue, College Park, GA 30337; phone: 404-474-5554; fax: 404-474-
5605; email: carl.w.gray@faa.gov.
    (2) For service information identified in this AD, contact 
Lockheed Martin Corporation/Lockheed Martin Aeronautics Company, 
Airworthiness Office, Dept. 6A0M, Zone 0252, Column P-58, 86 S. Cobb 
Drive, Marietta, GA 30063; telephone 770-494-5444; fax 770-494-5445; 
email ams.portal@lmco.com; Internet http://www.lockheedmartin.com/ams/tools/TechPubs.html. You may view this service information at 
the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., 
Renton, WA. For information on the availability of this material at 
the FAA, call 425-227-1221.

    Issued in Renton, Washington, on November 19, 2014.
Suzanne Masterson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-28304 Filed 11-28-14; 8:45 am]
BILLING CODE 4910-13-P
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