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 all Lockheed Model L-1011-385-1 series airplanes was published in the Federal Register on February 13, 1995 (60 FR 8206). That action proposed to require a revision to the FAA-approved maintenance inspection program to include a Supplemental Inspection Document (SID) program of structural inspections. The intent of these inspections is to detect fatigue cracking in order to ensure continued airworthiness as these airplanes approach the manufacturer's original fatigue design life goal. The proposal also requires the repair of any cracking detected during those inspections.
Interested persons have been afforded an opportunity to participate in the making of this amendment. Due consideration has been given to the comments received.
One commenter requests that the proposed compliance time of 6 months to incorporate a revision into the FAA-approved maintenance inspection program be extended to 12 months. The commenter requests this change to accommodate operators' scheduling and engineering workload.
The FAA concurs with this commenter's request to extend the compliance time. The FAA has determined that extending the compliance time by six additional months will not adversely affect safety, and will allow affected operators ample time to plan, schedule, and engineer the necessary changes required to revise the FAA-approved maintenance inspection program. Further, an initial compliance time of 12 months is consistent with the compliance times provided in other AD's that have been issued to require the implementation of similar SID programs associated with various transport category airplanes (including the Lockheed Model L-188 series, McDonnell Douglas Model DC-9 series, and McDonnell Douglas Model DC-10 series). Paragraph (a) of the final rule has been revised to extend the compliance time to 12 months.
One commenter requests the deletion of "Revision A" from the reference to "Lockheed Drawing 1647194" in paragraph (a)(5) of the proposal. The commenter states that this change would allow operators to discard Revision A after subsequent revisions of the drawings have been issued by Lockheed.
The FAA concurs. The purpose of paragraph (a)(5) of the final rule is to point out where, specifically, in the Lockheed Document, an operator may find non-destructive inspection techniques that are acceptable methods for accomplishing the inspections required by this AD. Since paragraph (a)(5) of the final rule references Appendix VI of the Lockheed Document Number LG92ER0060, "L-1011-385 Series Supplemental Inspection Document," the FAA finds that it is unnecessary to reference Lockheed Drawing 1647194. Therefore, the parenthetical reference to "Revision A of Lockheed Drawing 1647194" has been deleted from paragraph (a)(5) of the final rule.
One commenter requests a revision to proposed paragraph (b) to permit approval of repairs by manufacturer's Designated Engineering Representatives (DER) or organizations that hold a Special Federal Aviation Regulation (SFAR) 36 authorization.
The FAA does not concur. While it is true that DER's and SFAR 36-authorized organizations are authorized to approve certain repairs of cracks that are found during routine maintenance or opportunity inspections, the FAA considers that cracking detected during any inspection of structurally significant details (SSD), required by this AD (and the SID program), is an indication of an airworthiness concern that is complex in nature. It is crucial that the FAA be aware of all repairs made to SSD's or to their configuration. Where repair data do not exist, it is essential that the FAA have feedback as to the type of repairs being made. Given that new relevant issues might possibly be revealed during this process, it is imperative that the FAA have such feedback. Only by reviewing repair approvals can the FAA be assured of this feedback and of the adequacy of the repair methods. The FAA has determined that standardization and continuity of repair approvals can best be maintained by having one single point of approval for all repairs of cracks in SSD's identified during SID inspections required by this AD. Since the Manager of the Atlanta Aircraft Certification Office (ACO) is accountable for the primary oversight for the actions regarding this AD, it is appropriate that he be this single point of approval. His involvement, therefore, is warranted in the development and approval of repairs.
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 long-standing requirement.
After careful review of the available data, including the comments noted above, the FAA has determined that air safety and the public interest require the adoption of the rule with the changes previously described. The FAA has determined that these changes will neither increase the economic burden on any operator nor increase the scope of the AD.
There are approximately 186 Lockheed Model L-1011-385-1 series airplanes of the affected design in the worldwide fleet. The FAA estimates that 100 airplanes of U.S. registry and 5 U.S. operators will be affected by this AD.
Incorporation of the SID into an operator's maintenance program will take approximately 550 work hours, and the average labor rate is $60 per work hour. Based on these figures, the total cost impact to incorporate the SID into an operator's maintenance program is estimated to be $165,000, or $33,000 per operator.
Initially, the FAA estimated that it would take 293 work hours to accomplish the 28 inspections specified in the SID, at an average labor rate of $60 per work hour. Based on these figures, the total cost impact of the AD for the first year was initially estimated to be $1,758,000, or $17,580 per airplane.
However, the FAA has been advised that the terminating modification for the inspections of SSD 53-2-1, which is described in the Lockheed Document, has been accomplished on the entire U.S. fleet of Model L-1011-385-1 series airplanes. Therefore, the inspections associated with SSD 53-2-1, which would have required 48 work hours per airplane to accomplish, will not need to be performed. In light of this, the cost impact for the initial inspections required by this AD is now only $1,470,000, or $14,700 per airplane.
The recurring (inspection) cost impact on the affected operators is estimated to be 52 work hours per airplane at an average labor cost of $60 per work hour. Based on these figures, the annual recurring cost of this AD is estimated to not exceed $312,000 for the affected U.S. fleet, or $3,120 per airplane.
The FAA recognizes that the obligation to maintain aircraft in an airworthy condition is vital, but sometimes expensive. Because AD's require specific actions to address specific unsafe conditions, they appear to impose costs that would not otherwise be borne by operators. However, because of the general obligation of operators to maintain aircraft in an airworthy condition, this appearance is deceptive. Attributing those costs solely to theissuance of this AD is unrealistic because, in the interest of maintaining safe aircraft, prudent operators would accomplish the required actions even if they were not required to do so by the AD.
A full cost-benefit analysis has not been accomplished for this AD. As a matter of law, in order to be airworthy, an aircraft must conform to its type design and be in a condition for safe operation. The type design is approved only after the FAA makes a determination that it complies with all applicable airworthiness requirements. In adopting and maintaining those requirements, the FAA has already made the determination that they establish a level of safety that is cost-beneficial. When the FAA, as in this AD, makes a finding of an unsafe condition, this means that the original cost-beneficial level of safety is no longer being achieved and that the required actions are necessary to restore that level of safety. Because this level of safety has already been determined to be cost-beneficial, a full cost-benefit analysis for this AD would be redundant and unnecessary.
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 thisaction 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 USC 106(g), 40101, 40113, 44701.
39.13 - [Amended]
2. Section 39.13 is amended by adding the following new airworthiness directive: