Federal Register / Vol. 60, No. 2 / Wednesday, January 4, 1995 / Rules and Regulations 327

Modern Avoinics, Inc., of Eden Praire,

Minnesota. Should Modern Avionics,

Inc., apply at a later date for a

supplemental type certificate to modify

any other model included on Type

Certificate No. A22CE to incorporate the

same novel or unusual design feature,

the special conditions would apply to

that model as well, under the provisions

of § 21.101(a)(1).

Conclusion

This action affects only certain

unusual or novel design features on the

Cessna 550 series airplanes modified by

Modern Avionics, Inc., of Eden Praire,

Minnesota. It is not a rule of general

applicability and affects only the

manufacturer who applied to the FAA

for approval of these features on the

Cessna 550 series airplanes modified by

Modern Avionics, Inc., of Eden Praire,

Minnesota.

The substance of the special

conditions for these airplanes has been

subjected to the notice and comment

procedure in several prior instances and

has been derived without substantive

change from those previously issued. It

is unlikely that prior public comment

would result in a significant change

from the substance contained herein.

For this reason, and because a delay

would significantly affect the

certification of the airplane, which is

imminent, the FAA has determined that

prior public notice and comment are

unnecessary and impracticable, and

good cause exists for adopting these

special conditions immediately.

Therefore, these special conditions are

being made effective upon issuance. The

FAA is requesting comments to allow

interested persons to submit views that

may have not been submitted in

response to the prior opportunities for

comment described above.

List of Subjects in 14 CFR Part 25

Aircraft, Aviation safety, Federal

Aviation Administration, Reporting and

recordkeeping requirements.

The authority citation for these

special conditions is as follows:

Authority: 49 U.S.C. app. 1344, 1348(c),

1352, 1354(a), 1355, 1421 through 1431,

1502, 1651(b)(2), 42 U.S.C. 1875f–10, 4321 et

seq.; E.O. 11514; and 49 U.S.C. 106(g).

The Special Conditions

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the following special

conditions are issued as part of the

supplemental type certification basis for

Cessna 550 series airplanes modified by

Modern Avionics, Inc., of Eden Praire,

Minnesota.

1. Protection from Unwanted Effects

of High-Intensity Radiated Fields

(HIRF). Each electrical and electronic

system that performs critical functions

must be designed and installed to

ensure that the operation and

operational capability of these systems

to perform critical functions are not

adversely affected when the airplane is

exposed to high-intensity radiated fields

external to the airplane.

2. The following definitions apply

with respect to these special conditions:

Critical Functions. Functions whose

failure would contribute to or cause a

failure condition that would prevent the

continued safe flight and landing of the

airplane.

Issued in Renton, Washington, on

December 20, 1994.

Darrell M. Pederson,

Assistant Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 95–74 Filed 1–3–95; 8:45 am]

BILLING CODE 4910–13–M

14 CFR Part 39

[Docket No. 94–NM–88–AD; Amendment

39–9110; AD 94–26–15]

Airworthiness Directives; Lockheed

Model 382 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain Lockheed Model

382 series airplanes, that requires

inspection of a kingpin riser on the

lower surface of the outer wing to

determine fastener placement. This AD

would also require repetitive

inspections for fatigue cracks in the

kingpin riser if the fasteners are

positioned outside certain limits, and

repair, if necessary. This amendment is

prompted by reports of insufficient

distance between the center of the

outermost fastener on the kingpin riser

and the edge of the riser, which can

adversely affect the fatigue resistance of

the outer wing assembly. The actions

specified by this AD are intended to

prevent structural failure of the lower

surface of the outer wing due to fatigue

cracks in the kingpin riser.

DATES: Effective on February 3, 1995.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of February 3,

1995.

ADDRESSES: The service information

referenced in this AD may be obtained

from Lockheed Aeronautical Systems

Support Company, Field Support

Department, Department 693, Zone

0755, 2251 Lake Park Drive, Smyrna,

Georgia 30080. This information may be

examined at the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, Rules Docket,

1601 Lind Avenue, SW., Renton,

Washington; or at the FAA, Small

Airplane Directorate, Atlanta Aircraft

Certification Office,Campus Building,

1701 Columbia Avenue, Suite 2–160,

College Park, Georgia 30337–2748; or at

the Office of the Federal Register, 800

North Capitol Street, NW., suite 700,

Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Thomas Peters, Aerospace Engineer,

Flight Test Branch, ACE–160A, FAA,

Small Airplane Directorate, FAA,

Atlanta Aircraft Certification Office,

Campus Building, 1701 Columbia

Avenue, Suite 2–160, College Park,

Georgia 30337–2748; telephone (404)

305–3915; fax (404) 305–7348.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39) to

include an airworthiness directive (AD)

that is applicable to certain Lockheed

Model 382 series airplanes was

published in the Federal Register on

September 19, 1994 (59 FR 47823). That

action proposed to require an inspection

of a kingpin riser on the lower surface

of the outer wing to determine fastener

placement; and repetitive inspections

for fatigue cracks in the kingpin riser if

the fasteners are positioned outside

certain limits, and repair, if necessary.

–

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. No

comments were submitted in response

to the proposal or the FAA’s

determination of cost to the public.–

As a result of recent communications

with the Air Transport Association

(ATA) of America, the FAA has learned

that, in general, some operators may

misunderstand the legal effect of AD’s

on airplanes that are identified in the

applicability provision of the AD, but

that have been altered or repaired in the

area addressed by the AD. The FAA

points out that all airplanes identified in

the applicability provision of an AD are

legally subject to the AD. If an airplane

has been altered or repaired in the

affected area in such a way as to affect

compliance with the AD, the owner or

operator is required to obtain FAA

approval for an alternative method of

compliance with the AD, in accordance

with the paragraph of each AD that

provides for such approvals. A note has
328 Federal Register / Vol. 60, No. 2 / Wednesday, January 4, 1995 / Rules and Regulations

been added to this final rule to clarify

this requirement. The FAA has

determined that this addition will

neither increase the economic burden

on any operator nor increase the scope

of the AD.–

The FAA has recently reviewed the

figures it has used over the past several

years in calculating the economic

impact of AD activity. In order to

account for various inflationary costs in

the airline industry, the FAA has

determined that it is necessary to

increase the labor rate used in these

calculations from $55 per work hour to

$60 per work hour. The economic

impact information, below, has been

revised to reflect this increase in the

specified hourly labor rate.

There are approximately 20 Lockheed

Model 382 series airplanes of the

affected design in the worldwide fleet.

The FAA estimates that it will will take

approximately 4 work hours per

airplane to accomplish the required

actions, and that the average labor rate

is $60 per work hour. Based on these

figures, the total cost impact of the AD

on U.S. operators is estimated to be

$4,800, or $240 per airplane.

The total cost impact figure discussed

above is based on assumptions that no

operator has yet accomplished any of

the requirements of this AD action, and

that no operator would accomplish

those actions in the future if this AD

were not adopted.

The regulations adopted herein will

not have substantial direct effects 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. Therefore, in

accordance with Executive Order 12612,

it is determined that this final rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.–

For the reasons discussed above, I

certify that this action (1) is not a

‘‘significant regulatory action’’ under

Executive Order 12866; (2) is not a

‘‘significant rule’’ under DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979); and (3)

will not have a significant economic

impact, positive or negative, on a

substantial number of small entities

under the criteria of the Regulatory

Flexibility Act. A final evaluation has

been prepared for this action and it is

contained in the Rules Docket. A copy

of it may be obtained from the Rules

Docket at the location provided under

the caption ADDRESSES.

List of Subjects in 14 CFR Part 39–

Air transportation, Aircraft, Aviation

safety, Incorporation by reference,

Safety.

Adoption of the Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration amends part 39 of the

Federal Aviation Regulations (14 CFR

part 39) as follows:

PART 39—AIRWORTHINESS

DIRECTIVES

1. The authority citation for part 39

continues to read as follows:

Authority: 49 U.S.C. App. 1354(a), 1421

and 1423; 49 U.S.C. 106(g); and 14 CFR

11.89.

§ 39.13 [Amended]–

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

94–26–15 Lockheed Aeronautical Systems

Company: Amendment 39–9110. Docket

94–NM–88–AD.–

Applicability: Model 382, 382B, 382E,

382F, and 382G series airplanes, as listed in

Hercules Service Bulletin 382–57–74 (82–

688), dated January 31, 1994; certificated in

any category.

Note 1: This AD applies to each airplane

identified in the preceding applicability

provision, regardless of whether it has been

modified, altered, or repaired in the area

subject to the requirements of this AD. For

airplanes that have been modified, altered, or

repaired so that the performance of the

requirements of this AD is affected, the

owner/operator must use the authority

provided in paragraph (b) to request approval

from the FAA. This approval may address

either no action, if the current configuration

eliminates the unsafe condition; or different

actions necessary to address the unsafe

condition described in this AD. Such a

request should include an assessment of the

effect of the changed configuration on the

unsafe condition addressed by this AD. In no

case does the presence of any modification,

alteration, or repair remove any airplane from

the applicability of this AD.

Compliance: Required as indicated, unless

accomplished previously. –

To prevent structural failure of the outer

wing assembly, accomplish the following: –

(a) Within 30 days after the effective date

of this AD, or prior to the accumulation of

18,000 total flight hours, whichever occurs

later, perform an ultrasonic inspection to

determine the distance between the edge of

each of the six most outboard fasteners on

kingpin riser number 18 and the edge of the

riser, in accordance with Appendix A of

Hercules Service Bulletin 382–57–74 (82–

688), dated January 31, 1994.

(1) If all six of these fasteners are

positioned 0.31 inch or more from the

kingpin riser edge: No further action is

required by this AD.–

(2) If any of the six most outboard fasteners

is positioned less than 0.31 inch from the

edge of the kingpin riser: Prior to the

applicable threshold specified in Table 1 of

Hercules Service Bulletin 382–57–74 (82–

688), or prior to further flight if that

threshold has been exceeded as of the

effective date of this AD, perform an

ultrasonic inspection to detect cracks in the

kingpin riser, in accordance with Inspection

Procedure SP–265 (Appendix B) of the

service bulletin.

Note 2: For airplanes on which an outer

wing replacement is installed, the total flight

hours threshold is counted from the time of

outer wing replacement.

(i) If no crack is found, repeat this

inspection, thereafter, at intervals not to

exceed 7,400 flight hours.

(ii) If any cracked kingpin riser is found,

prior to further flight, repair in accordance

with a method approved by the Manager,

Atlanta Aircraft Certification Office (ACO),

FAA, Small Airplane Directorate. Repeat this

inspection, thereafter, at intervals not to

exceed 7,400 flight hours.–

(b) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager, Atlanta

ACO, FAA, Small Airplane Directorate.

Operators shall submit their requests through

an appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, Atlanta ACO.–

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Atlanta ACO.–

(c) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the airplane to

a location where the requirements of this AD

can be accomplished. –

(d) The inspections shall be done in

accordance with Hercules Service Bulletin

382–57–74 (82–688), dated January 31, 1994

(includes Attachment 1, and Appendices A

and B). This incorporation by reference was

approved by the Director of the Federal

Register in accordance with 5 U.S.C. 552(a)

and 1 CFR part 51. Copies may be obtained

from Lockheed Aeronautical Systems

Support Company, Field Support

Department, Department 693, Zone 0755,

2251 Lake Park Drive, Smyrna, Georgia

30080. Copies may be inspected at the FAA,

Transport Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington; or at the

FAA, Small Airplane Directorate, Atlanta

Certification Office, Campus Building, 1701

Columbia Avenue, Suite 2–160, College Park,

Georgia; or at the Office of the Federal

Register, 800 North Capitol Street, NW., suite

700, Washington, DC.–

(e) This amendment becomes effective on

February 3, 1995.

Issued in Renton, Washington, on

December 21, 1994.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 95–48 Filed 1–3–95; 8:45 am]

BILLING CODE 4910–13–U