AD 94-26-15

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.

Final Rule

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.

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 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 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 relationshipbetween 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 39Air 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: