AD 99-25-04

This amendment adopts a new airworthiness directive (AD), applicable to certain Lockheed Model 382 series airplanes, that requires a one time visual inspection of the under floor to ring fittings at fuselage station 817E to verify installation of the correct sized fasteners; and follow on corrective actions, if necessary. This amendment is prompted by notification from the manufacturer indicating that during production incorrect sized fasteners were installed on the under floor to ring fittings at fuselage station 817E. The actions specified by this AD are intended to prevent fatigue cracking of the fastener holes and adjacent fuselage structure due to installation of the incorrect sized fasteners, which could result in reduced structural integrity of the airplane.

Final rule

99-25-04 LOCKHEED: Amendment 39-11447. Docket 98-NM-371-AD.

Applicability: Model 382 airplanes as listed in paragraph 1.A.(1) ("Effectivity") of Lockheed Hercules Alert Service Bulletin A382-53-57, Revision 1, dated January 30, 1997; 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 request approval for an alternative method of compliance in accordance with paragraph (c) of this AD. The request should include an assessment of the effect of the modification, alteration, or repair on the unsafe condition addressed by this AD; and, if the unsafe condition has not been eliminated, the request should include specific proposed actionsto address it.

Compliance: Required as indicated, unless accomplished previously.

To prevent fatigue cracking of the fastener holes and adjacent fuselage structure due to installation of the incorrect sized fasteners, which could result in reduced structural integrity of the airplane, accomplish the following:

For All Airplanes: Inspection and Corrective Action, If Necessary
(a) Within 30 days after the effective date of this AD, perform a one time general visual inspection of the under floor to ring fittings at fuselage station 817E to verify installation of the correct sized fasteners, in accordance with Lockheed Hercules Alert Service Bulletin A382-53-57, Revision 1, dated January 30, 1997.

NOTE 2: For the purposes of this AD, a general visual inspection is defined as "A visual examination of an interior or exterior area, installation, or assembly to detect obvious damage, failure, or irregularity. This level of inspection is made under normally available lighting conditions such as daylight, hangar lighting, flashlight, or drop-light, and may require removal or opening of access panels or doors. Stands, ladders, or platforms may be required to gain proximity to the area being checked."

NOTE 3: Inspections, repairs, or replacements that have been accomplished prior to the effective date of this AD, in accordance with Lockheed Hercules Alert Service Bulletin A382-53-57, dated January 16, 1997, are considered acceptable for compliance with the applicable action specified by this AD.

(1) If all fasteners are the correct size, no further action is required by this AD.

(2) If any fastener is determined to be the incorrect size, prior to further flight, measure the distance between the fastener centers in accordance with the alert service bulletin.

(i) If the distance between the fastener centers is less than 0.57 inch, prior to further flight, repair in accordance with a method approved by the Manager, Atlanta Aircraft Certification Office (ACO), FAA, Small Airplane Directorate.

(ii) If the distance between the fastener centers is greater than or equal to 0.57 inch, prior to further flight, accomplish the requirements of paragraph (b) of this AD.

For Certain Airplanes: Removal of Incorrect Sized Fasteners, Inspection, and Follow-On Actions
(b) For all airplanes on which the distance between the fastener centers is greater than or equal to 0.57 inch: Prior to further flight, remove any incorrect sized fastener and perform a one time visual inspection of the fastener holes and adjacent fuselage structure to detect discrepancies (damage, corrosion, or misdrilled or elongated fastener holes) in accordance Lockheed Hercules Alert Service Bulletin A382-53-57, Revision 1, dated January 30, 1997.

(1) If no discrepancy is detected, prior to further flight, redrill the fastener holes to the correct size and install correct sized fasteners in accordance with the alert service bulletin.(2) If any discrepancy is detected, prior to further flight, redrill the fastener holes to the correct size and perform an additional one time visual inspection of the redrilled holes to detect remaining discrepancies (damage, corrosion, or misdrilled or elongated fastener holes) of the affected area, in accordance with the alert service bulletin.

(i) If no remaining discrepancy is detected, prior to further flight, install the correct sized fasteners in accordance with the alert service bulletin.

(ii) If any remaining discrepancy is detected, prior to further flight, repair in accordance with a method approved by the Manager, Atlanta ACO.

Alternative Methods of Compliance
(c) 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. 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 4: Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the Atlanta ACO.

Special Flight Permits
(d) 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.

Incorporation by Reference
(e) Except as provided by paragraphs (a)(2)(i) and (b)(2)(ii) of this AD, the actions shall be done in accordance with Lockheed Hercules Alert Service Bulletin A382-53-57, Revision 1, dated January 30, 1997, which contains the following list of effective pages:

Page Number
Revision Level Shown on Page
Date Shown on Page
1-6
1
January 30, 1997
7-9
Original
January 16, 1997

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 Martin Aeronautical Systems Support Company (LMASSC), Field Support Department, Dept. 693, Zone 0755, 2251 Lake Park Drive, Smyrna, Georgia 30063. Copies may be inspected at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the FAA, Small Airplane Directorate, Atlanta Aircraft Certification Office, One Crown Center, 1895 Phoenix Boulevard, suite 450, Atlanta, Georgia; or at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

(f) This amendment becomes effective on January 7, 2000.

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 April 23, 1999 (64 FR 19938). That action proposed to require a one-time visual inspection of the under floor to ring fittings at fuselage station 817E to verify installation of the correct sized fasteners; and follow-on corrective actions, if necessary.

Comments
Interested persons have been afforded an opportunity to participate in the making of this amendment. Due consideration has been given to the single comment received.

Request to Revise Compliance Time to Follow Alert Service Bulletin
One commenter requests that the compliance time be revised to read the same as the referenced service bulletin. While the notice of proposed rulemaking (NPRM) proposes a compliance time of 30 days after the effective date of the proposed AD, the service bulletin specifies 30 days after receipt of the service bulletin, which was issued January 30, 1997.

The FAA does not concur. The commenter s request would result in retroactive rulemaking. The FAA does not have the legal authority to impose requirements that place operators in noncompliance based on past actions. Even if the commenter s request was limited to future effect, as discussed in the preamble of the proposed AD, the FAA finds that a compliance time of 30 days after the effective date of this AD is adequate for accomplishment of the inspection and rework in that the FAA has determined that fatigue cracking originating at the fastener holes caused by the installation of incorrect sized fasteners could result in loss of pressurization, but not an "explosive decompression" or severe structural degradation. In light of this, the FAA finds that it is not necessary to implement an immediate cabin pressurization limit of 8.75 in Hg (4.3 psi) for affected airplanes, which would result in immediate grounding of airplanes, to continue to operate without compromising safety.

Explanation of Change Made to Proposal
The FAA has clarified the inspection requirement contained in the proposed AD. Whereas the proposal specified a visual inspection, the FAA has revised this final rule to clarify that its intent is to require a general visual inspection. Additionally, a note has been added to the final rule to define that inspection.

Conclusion
After careful review of the available data, including the comment noted above, the FAA has determined that air safety and the public interest require the adoption of the rule with the change previously described. The FAA has determined that this change will neither increase the economic burden on any operator nor increase the scope of the AD.

Cost Impact
There are approximately 112 airplanes of the affected design in the worldwide fleet. The FAA estimates that 18 airplanes of U.S.registry will be affected by this AD, that it will take approximately 1 work hour per airplane to accomplish the required inspection, and that the average labor rate is $60 per work hour. Based on these figures, the cost impact of the AD on U.S. operators is estimated to be $1,080, or $60 per airplane.

The 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.

Regulatory Impact
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. 106(g), 40113, 44701.

39.13 [Amended]
2. Section 39.13 is amended by adding the following new airworthiness directive: