[Federal Register: December 12, 2006 (Volume 71, Number 238)]
[Rules and Regulations]
[Page 74462-74464]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12de06-4]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-25554; Directorate Identifier 2006-NM-123-AD;
Amendment 39-14852; AD 2006-25-11]
RIN 2120-AA64
Airworthiness Directives; Lockheed Model L-1011 Series Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Lockheed Model L-1011 series airplanes. This AD requires a one-
time detailed inspection of the C112 harness clamp assembly for proper
installation, a one-time detailed inspection of the C112 and C162
harness assemblies for damage, and corrective actions if necessary.
This AD results from a report of electrical arcing of the essential bus
feeder cables behind hinged circuit breaker panel CB3 P-K. We are
issuing this AD to prevent arcing of essential bus feeder cables due to
improper installation of the harness C112 clamp assembly, which could
result in loss of electrical systems and smoke and/or fire behind the
CB3 P-K hinged circuit breaker panel in the flight compartment.
DATES: This AD becomes effective January 16, 2007.
The Director of the Federal Register approved the incorporation by
reference of a certain publications listed in the AD as of January 16,
2007.
ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov
or in person at the Docket Management Facility, U.S.
Department of Transportation, 400 Seventh Street SW., Nassif Building,
Room PL-401, Washington, DC.
Contact Lockheed Martin Aircraft & Logistics Center, 120 Orion
Street, Greenville, South Carolina 29605, for service information
identified in this AD.
FOR FURTHER INFORMATION CONTACT: Robert Chupka, Aerospace Engineer,
Systems and Equipment Branch, ACE-119A, FAA, Atlanta Aircraft
Certification Office, One Crown Center, 1895 Phoenix Boulevard, Suite
450, Atlanta, Georgia 30349; telephone (770) 703-6070; fax (770) 703-
6097.
SUPPLEMENTARY INFORMATION:
Examining the Docket
You may examine the airworthiness directive (AD) docket on the
Internet at http://dms.dot.gov or in person at the Docket Management
Facility office between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Docket Management Facility office
(telephone (800) 647-5227) is located on the plaza level of the Nassif
Building at the street address stated in the ADDRESSES section.
Discussion
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to include an AD that would apply to certain Lockheed Model
L-1011 series airplanes. That NPRM was published in the Federal
Register on August 9, 2006 (71 FR 45447). That NPRM proposed to require
a one-time detailed inspection of the C112 harness clamp assembly for
proper installation, a one-time detailed inspection of the C112 and
C162 harness assemblies for damage, and corrective actions if
necessary.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments received.
Request to Make Service Documents Available to the Public by
Incorporation by Reference and Publication in the Docket Management
System (DMS)
The Modification and Replacement Parts Association (MARPA) requests
that we incorporate by reference the essential service documents in the
NPRM. MARPA states that ADs are typically based upon service
information originating with the type certificate holder or its
suppliers. MARPA asserts that, if a service document is used as a
mandatory element of compliance, it should not only be referred to, but
also incorporated into the AD. MARPA adds that manufacturer's service
documents are privately authored instruments, generally having
copyright protection against duplication and distribution. When a
service document is incorporated by reference into a public document,
such as an AD, pursuant to 5 U.S.C. 552(a) and 1 CFR part 51, it loses
its private, protected status and becomes a public document. MARPA
notes that the NPRM is one of these public documents, but does not
incorporate by reference that service document. Therefore, the NPRM, as
proposed, attempts to require compliance with a public law by reference
to a private writing. MARPA believes that public laws, by definition,
should be public and that they cannot rely on private writings.
We do not agree that documents should be incorporated by reference
during the NPRM phase of rulemaking. The Office of the Federal Register
(OFR) requires that documents that are necessary to accomplish the
requirements of the AD be incorporated by reference during the final
rule phase of rulemaking. This final rule incorporates by reference the
document necessary for the accomplishment of the requirements mandated
by this AD. Further, we point out that while documents that are
incorporated by reference do become public information, they do not
lose their copyright protection. For that reason, we advise the public
to contact the manufacturer to obtain copies of the referenced service
information.
MARPA also requests that essential service documents be published
in DMS. MARPA states that service documents incorporated by reference
should be made available to the public by publication in either the
Federal Register or DMS. MARPA also states that the purpose of the
incorporation by reference method is brevity, to keep from expanding
the Federal Register needlessly by publishing documents already in the
hands of the affected individuals. MARPA adds that, traditionally,
``affected individuals'' means aircraft owners and operators, who are
generally provided service information by the manufacturer. MARPA
further adds that a new class of affected individuals has emerged,
since the majority of aircraft maintenance is now performed by
specialty shops instead of aircraft owners and operators. This new
class includes maintenance and repair organizations, component
servicing and repair shops, parts purveyors and distributors, and/or
organizations repairing or servicing alternatively certified parts
under section 21.303 (``Parts Manufacturer Approval'') of the Federal
Aviation Regulations (14 CFR 21.303). MARPA states that the concept of
brevity is now nearly archaic as documents exist more frequently in
electronic format than on paper.
In regard to MARPA's request that service documents be made
available to the public by publication in the Federal Register, we
agree that incorporation by reference was authorized to reduce the
volume of material published in the Federal Register and the Code of
Federal Regulations. However, as specified in the Federal Register
Document Drafting Handbook, the
[[Page 74463]]
Director of the OFR decides when an agency may incorporate material by
reference. As the commenter is aware, the OFR files documents for
public inspection on the workday before the date of publication of the
rule at its office in Washington, DC. As stated in the Federal Register
Document Drafting Handbook, when documents are filed for public
inspection, anyone may inspect or copy file documents during the OFR's
hours of business. Further questions regarding publication of documents
in the Federal Register or incorporation by reference should be
directed to the OFR.
In regards to MARPA's request to post service bulletins on the
Department of Transportation's DMS, we are currently in the process of
reviewing issues surrounding the posting of service bulletins on the
DMS as part of an AD docket. Once we have thoroughly examined all
aspects of this issue and have made a final determination, we will
consider whether our current practice needs to be revised. No change to
the final rule is necessary in response to this comment.
Conclusion
We have carefully reviewed the available data, including the
comment received, and determined that air safety and the public
interest require adopting the AD as proposed.
Costs of Compliance
There are about 126 airplanes of the affected design in the
worldwide fleet. The following table provides the estimated costs for
U.S. operators to comply with this AD.
Estimated Costs
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Number of U.S.-
Action Work hours Average labor Parts Cost per registered Fleet cost
rate per hour airplane airplanes
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Inspection of clamp assembly...................... 2 $80 $0 $160 53 $8,480
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Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in
subtitle VII, part A, subpart III, section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We have determined that this AD will not have federalism
implications under Executive Order 13132. This AD 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.
For the reasons discussed above, I certify that this AD:
(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.
We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket. See the ADDRESSES
section for a location to examine the regulatory evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 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. The Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):
2006-25-11 Lockheed: Amendment 39-14852. Docket No. FAA-2006-25554;
Directorate Identifier 2006-NM-123-AD.
Effective Date
(a) This AD becomes effective January 16, 2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Lockheed Model L-1011-385-1, L-1011-385-
1-14, L-1011-385-1-15, and L-1011-385-3 series airplanes,
certificated in any category; having serial numbers 93A through 193Y
inclusive and 293A through 293F inclusive: -1002 through -1250
inclusive.
Unsafe Condition
(d) This AD results from a report of electrical arcing of the
essential bus feeder cables behind hinged circuit breaker panel CB3
P-K. We are issuing this AD to prevent arcing of essential bus
feeder cables due to improper installation of the harness C112 clamp
assembly, which could result in loss of electrical systems and smoke
and/or fire behind the CB3 P-K hinged circuit breaker panel in the
flight compartment.
Compliance
(e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Detailed Inspection of the C112 Harness Clamp Assembly
(f) Within 90 days after the effective date of this AD: Do the
actions in paragraphs (f)(1) and (f)(2) of this AD by accomplishing
all the actions specified in the Accomplishment Instructions of
Lockheed L-1011 Service Bulletin 093-24-142, dated November 16,
2005. Do all applicable corrective actions before further flight.
(1) Perform a one-time detailed inspection of the C112 harness
clamp assembly to find incorrectly installed harness clamps, and do
all applicable corrective actions.
(2) Perform a one-time detailed inspection of the C112 and C162
harness assemblies to find evidence of chafing, arcing, or
deterioration, and do all applicable corrective actions.
Note 1: For the purposes of this AD, a detailed inspection is:
``An intensive examination of a specific item, installation, or
assembly to detect damage, failure, or irregularity. Available
lighting is normally supplemented with a direct source of good
lighting at an intensity deemed appropriate.
[[Page 74464]]
Inspection aids such as mirror, magnifying lenses, etc., may be
necessary. Surface cleaning and elaborate procedures may be
required.''
Alternative Methods of Compliance (AMOCs)
(g)(1) The Manager, Atlanta Aircraft Certification Office, FAA,
has the authority to approve AMOCs for this AD, if requested in
accordance with the procedures found in 14 CFR 39.19.
(2) Before using any AMOC approved in accordance with Sec.
39.19 on any airplane to which the AMOC applies, notify the
appropriate principal inspector in the FAA Flight Standards
Certificate Holding District Office.
Material Incorporated by Reference
(h) You must use Lockheed L-1011 Service Bulletin 093-24-142,
dated November 16, 2005, to perform the actions that are required by
this AD, unless the AD specifies otherwise. The Director of the
Federal Register approved the incorporation by reference of this
document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
Contact Lockheed Martin Aircraft & Logistics Center, 120 Orion
Street, Greenville, South Carolina 29605, for a copy of this service
information. You may review copies at the Docket Management
Facility, U.S. Department of Transportation, 400 Seventh Street SW.,
Room PL-401, Nassif Building, Washington, DC; on the Internet at
http://dms.dot.gov; or at the National Archives and Records
Administration (NARA). For information on the availability of this
material at the NARA, call (202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html
.
Issued in Renton, Washington, on December 1, 2006.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E6-20953 Filed 12-11-06; 8:45 am]
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