[Federal Register: April 22, 2003 (Volume 68, Number 77)]
[Rules and Regulations]
[Page 19728-19730]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22ap03-5]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2003-NM-23-AD; Amendment 39-13126; AD 2003-08-13]
RIN 2120-AA64
Airworthiness Directives; Various Surplus Military Airplanes
Manufactured by Consolidated, Consolidated Vultee, and Convair
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
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SUMMARY: This amendment adopts a new airworthiness directive (AD) that
is applicable to various surplus military airplanes manufactured by
Consolidated, Consolidated Vultee, and Convair. This action requires
repetitive inspections to find fatigue cracks in the lower rear cap of
the wing front spar, front spar web, and lower skin of the wings;
repair or replacement of any cracked part with a new part; and follow-
on inspections at new intervals. This action is necessary to find and
fix fatigue cracking, which could result in structural failure of the
wings and consequent loss of control of the airplane. This action is
intended to address the identified unsafe condition.
DATES: Effective May 7, 2003.
Comments for inclusion in the Rules Docket must be received on or
before June 23, 2003.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2003-NM-23-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056. Comments may be inspected at this
location between 9 a.m. and 3 p.m., Monday through Friday, except
Federal holidays. Comments may be submitted via fax to (425) 227-1232.
Comments may also be sent via the Internet using the following address:
9-anm-iarcomment@faa.gov. Comments sent via fax or the Internet must
contain ``Docket No. 2003-NM-23-AD'' in the subject line and need not
be submitted in triplicate. Comments sent via the Internet as attached
electronic files must be formatted in Microsoft Word 97 for Windows or
ASCII text.
Information pertaining to this AD may be examined at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington; or at the FAA, Los Angeles Aircraft Certification Office,
3960 Paramount Boulevard, Lakewood, California.
FOR FURTHER INFORMATION CONTACT: John Cecil, Aerospace Engineer,
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification
Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137;
telephone (562) 627-5228; fax (562) 627-5210.
SUPPLEMENTARY INFORMATION: On July 18, 2002, while dropping retardant
on a fire near Lyons, Colorado, a United States Department of
Agriculture (USDA) Forest Service Model P4Y-2 airplane was involved in
an accident, resulting from the structural failure of the center wing.
Investigation revealed fatigue cracking in the lower rear cap of the
wing front spar, front spar web, and lower skin of the wings. The
fatigue cracking has been attributed to the age, time-in-service, and
flight cycles of the airplane. Such fatigue cracking, if not found and
fixed in a timely manner, could result in structural failure of the
wings and consequent loss of control of the airplane.
FAA's Determination
We have determined that high-cycle fatigue cracks in the area of
the lower rear cap of the wing front spar, front spar web, and lower
skin of the wings are likely to occur on various surplus military
airplanes. Repetitive inspections of these areas are necessary to
ensure that fatigue cracks will be found in a timely manner, and
corrective action taken, to preclude crack growth to a size that would
create an unacceptable risk of structural failure. While inspection
methodologies exist that can be used to find cracks, we are currently
unaware of any for the subject airplanes. Therefore, owners and
operators must submit inspection procedures and repetitive inspection
intervals to the Manager, Los Angeles Aircraft Certification Office
(ACO), FAA, for approval. The inspection procedures must be
sufficiently reliable to determine the location, size, and orientation
of cracks that are very small, so that the crack will not grow to a
critical length at limit load before the next scheduled inspection.
If any crack is found during any inspection, operators must replace
the cracked part with a new part; or repair and inspect at new
intervals per a method approved by the FAA.
Explanation of the Requirements of the Rule
Since an unsafe condition has been identified that is likely to
exist or develop on other surplus military airplanes of the same type
design, this
[[Page 19729]]
AD is being issued to find and fix fatigue cracking of the wings, which
could result in structural failure of the wings and consequent loss of
control of the airplane. This AD requires repetitive inspections to
find cracks in the lower rear cap of the wing front spar, front spar
web, and lower skin of the wings; and repair or replacement of any
cracked part with a new part; and follow-on inspections at new
intervals.
Determination of Rule's Effective Date
Since a situation exists that requires the immediate adoption of
this regulation, it is found that notice and opportunity for prior
public comment hereon are impracticable, and that good cause exists for
making this amendment effective in less than 30 days.
Comments Invited
Although this action is in the form of a final rule that involves
requirements affecting flight safety and, thus, was not preceded by
notice and an opportunity for public comment, comments are invited on
this rule. Interested persons are invited to comment on this rule by
submitting such written data, views, or arguments as they may desire.
Communications shall identify the Rules Docket number and be submitted
in triplicate to the address specified under the caption ADDRESSES. All
communications received on or before the closing date for comments will
be considered, and this rule may be amended in light of the comments
received. Factual information that supports the commenter's ideas and
suggestions is extremely helpful in evaluating the effectiveness of the
AD action and determining whether additional rulemaking action would be
needed.
Submit comments using the following format:
[sbull] Organize comments issue-by-issue. For example, discuss a
request to change the compliance time and a request to change the
service bulletin reference as two separate issues.
[sbull] For each issue, state what specific change to the AD is
being requested.
[sbull] Include justification (e.g., reasons or data) for each
request.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the rule. All comments submitted will be
available, both before and after the closing date for comments, in the
Rules Docket for examination by interested persons. A report that
summarizes each FAA-public contact concerned with the substance of this
AD will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this rule must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 2003-NM-23-AD.'' The postcard will be date stamped and
returned to the commenter.
Regulatory Impact
The regulations adopted herein will 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. Therefore, it
is determined that this final rule does not have federalism
implications under Executive Order 13132.
The FAA has determined that this regulation is an emergency
regulation that must be issued immediately to correct an unsafe
condition in aircraft, and that it is not a ``significant regulatory
action'' under Executive Order 12866. It has been determined further
that this action involves an emergency regulation under DOT Regulatory
Policies and Procedures (44 FR 11034, February 26, 1979). If it is
determined that this emergency regulation otherwise would be
significant under DOT Regulatory Policies and Procedures, a final
regulatory evaluation will be prepared and placed in the Rules Docket.
A copy of it, if filed, 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, Safety.
Adoption of the Amendment
0
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
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. Section 39.13 is amended by adding the following new airworthiness
directive:
2003-08-13 Various surplus military airplanes manufactured by
Consolidated, Consolidated Vultee, and Convair: Amendment 39-13126.
Docket 2003-NM-23-AD.
Applicability: Including, but not limited to, all of the
following surplus military airplanes, certificated in any category:
Consolidated Vultee Model PB4Y-1, P4Y-2, and LB-30 airplanes;
Consolidated and Convair Model B-24 airplanes; and
Consolidated Model C-109 and C-87 airplanes.
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 actions to
address it.
Compliance: Required as indicated, unless accomplished
previously.
To find and fix fatigue cracking in the lower rear cap of the
wing front spar, front spar web, and lower skin of the wings, which
could result in structural failure of the wings and consequent loss
of control of the airplane, accomplish the following:
Initial & Repetitive Inspections
(a) Within 30 days after the effective date of this AD, do the
actions specified in paragraphs (a)(1) and (a)(2) of this AD per a
method approved by the Manager, Los Angeles Certification Office
(ACO), FAA.
(1) Do an inspection (between 39 and 63 inches outboard of the
airplane center line on both the left and right sides of the wings)
to find cracks in the lower rear cap of the wing front spar, front
spar web, and lower skin of the wings localized under the front spar
lower cap. Special detailed inspection procedures must be
sufficiently reliable to determine the location, size, and
orientation of the cracks.
(2) Develop repetitive inspection intervals that prevent crack
growth from exceeding the minimum residual strength required to
support limit load on the affected structure. The repetitive
inspection intervals must be approved by the Manager, Los Angeles
ACO. Thereafter, do the inspection approved per paragraph (a)(1) of
this AD at the intervals approved per this paragraph.
(b) If any crack is found during any inspection required by this
AD, before further flight, do the action(s) specified in paragraphs
(b)(1) and (b)(2) of this AD per a method approved by the Manager,
Los Angeles ACO.
(1) Repair or replace the cracked part or structure.
(2) Repeat the inspection required by paragraph (a)(1) of this
AD at reduced intervals approved by the Manager, Los Angeles ACO to
find cracks before the growth is critical and exceeds the minimum
residual strength required to support limit load on the affected
structure.
[[Page 19730]]
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, Los Angeles ACO. Operators shall
submit their requests through an appropriate FAA Principal
Maintenance Inspector, who may add comments and then send it to the
Manager, Los Angeles ACO.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Los Angeles ACO.
Special Flight Permits
(d) Special flight permits may be issued in accordance with
Sec. Sec. 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.
Effective Date
(e) This amendment becomes effective on May 7, 2003.
Issued in Renton, Washington, on April 16, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 03-9861 Filed 4-21-03; 8:45 am]
BILLING CODE 4910-13-P