[Federal Register: December 4, 2003 (Volume 68, Number 233)]
[Rules and Regulations]
[Page 67798-67801]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04de03-6]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2001-NM-207-AD; Amendment 39-13379; AD 2003-24-10]
RIN 2120-AA64
Airworthiness Directives; McDonnell Douglas Model DC-10-10, DC-
10-10F, DC-10-15, DC-10-30, DC-10-30F, DC-10-30F (KC10A and KDC-10),
DC-10-40, DC-10-40F, MD-10-10F, MD-10-30F, MD-11, and MD-11F Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to certain McDonnell Douglas Model DC-10-10, DC-10-10F, DC-
10-15, DC-10-30, DC-10-30F, DC-10-30F (KC10A and KDC-10), DC-10-40, DC-
10-40F, MD-10-10F, MD-10-30F, MD-11, and MD-11F airplanes, that
requires a one-time inspection to determine the thickness of the walls
of the rudder pedal arm assembly for the captain's and first officer's
rudder pedals, and follow-on actions. This action is necessary to
prevent failure of the rudder pedal arm assembly, which, under certain
conditions, could result in reduced controllability of the airplane.
This action is intended to address the identified unsafe condition.
DATES: Effective January 8, 2004.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of January 8, 2004.
ADDRESSES: The service information referenced in this AD may be
obtained from Boeing Commercial Aircraft Group, Long Beach Division,
3855 Lakewood Boulevard, Long Beach, California 90846, Attention: Data
and Service Management, Dept. C1-L5A (D800-0024). This information may
be examined at the Federal Aviation Administration (FAA), Transport
Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton,
Washington; or at the FAA, Los Angeles Aircraft Certification Office,
3960 Paramount Boulevard, Lakewood, California; or at the Office of the
Federal Register, 800 North Capitol Street, NW., suite 700, Washington,
DC.
FOR FURTHER INFORMATION CONTACT: Ron Atmur, Aerospace Engineer,
Airframe Branch, ANM-120L, FAA, Los Angeles
[[Page 67799]]
Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood,
California 90712-4137; telephone (562) 627-5224; fax (562) 627-5210.
SUPPLEMENTARY INFORMATION: 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 McDonnell Douglas Model
DC-10-10, DC-10-10F, DC-10-15, DC-10-30, DC-10-30F, DC-10-30F (KC10A
and KDC-10), DC-10-40, DC-10-40F, MD-10-10F, MD-10-30F, MD-11, and MD-
11F airplanes was published in the Federal Register on September 4,
2002 (67 FR 56503). That action proposed to require a one-time
inspection to determine the thickness of the walls of the rudder pedal
arm assembly for the captain's and first officer's rudder pedals, and
follow-on actions.
Comments
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
No Objection to the Proposed AD
Two commenters have no objection to the technical content or
compliance time of the proposed AD.
Request To Use High Frequency Eddy Current Inspection
Certain commenters request that the proposed AD be revised to allow
the use of a high frequency eddy current inspection, developed by
Boeing, as an optional alternative to the dye penetrant inspection in
paragraphs (a)(1) and (b) of the proposed AD. The commenters contend
that the eddy current inspection is more convenient, less labor
intensive, and yields better results.
We do not agree with the request to allow the eddy current
inspection as an optional alternative to the dye penetrant inspection
in paragraphs (a)(1) and (b) of the AD. While we have determined that
the eddy current inspection would allow operators to have flexibility
in the inspection techniques without compromising safety, Boeing has
not provided a copy of this inspection to the FAA for approval.
However, under the provisions of paragraph (f) of the final rule, we
may consider requests for approval of an alternative method of
compliance if sufficient data are submitted to substantiate that such
an eddy current inspection would provide an acceptable level of safety.
No change to the final rule is necessary in this regard.
Request To Extend the Inspection Interval
Certain commenters request an extension of the repetitive
inspection interval in paragraph (b)(1) of the proposed AD from 5,200
flight hours to 6,300 flight hours. The commenters contend that 6,300
flight hours would better suit their maintenance schedules.
We do not agree with the request to extend the repetitive
inspection interval in paragraph (b)(1) of the AD to 6,300 flight
hours. We have reviewed previous occurrences, considered the likelihood
and severity of the unsafe condition, and determined that the proposed
inspection threshold and repetitive intervals are appropriate. No
change to the final rule is necessary in this regard.
Request To Allow Use of Certain Parts
Certain commenters request that the proposed AD be revised to allow
parts that are in operators' stock that meet the thickness requirements
of paragraph (b) of the proposed AD to be installed and inspected in
accordance with paragraph (b)(1) or (b)(2), as applicable. These
commenters point out that the proposed AD allows parts that meet these
requirements to be inspected indefinitely. Therefore, it would be an
unnecessary cost to purge an operator's stock or not be able to replace
cracked or unacceptable parts with these parts.
The FAA agrees with the request. We have revised paragraph (e) of
the AD so that the crack-free parts with the dimensions defined in
paragraph (b) of the AD are acceptable for continued service provided
that the repetitive inspections required by paragraph (b) of the AD are
accomplished.
Editorial Changes
In reviewing these comments, we noted that, while the service
bulletin and the ``Differences'' section of the proposed AD both
correctly state the proposed repetitive inspection interval in terms of
flight hours, the proposed AD text erroneously states the interval in
terms of flight cycles. We have corrected this error in the final rule.
Since both the service bulletin and the preamble of the proposed AD
used the correct term, and we did not indicate an intention to deviate
from the service bulletin in this regard, we consider that the public
has had a reasonable opportunity to comment on the compliance times for
this AD.
Conclusion
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.
Changes to 14 CFR Part 39/Effect on the AD
On July 10, 2002, the FAA issued a new version of 14 CFR part 39
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness
directives system. The regulation now includes material that relates to
altered products, special flight permits, and alternative methods of
compliance. However, for clarity and consistency in this final rule, we
have retained the language of the NPRM regarding that material.
Change to Labor Rate Estimate
We have reviewed the figures we have used over the past several
years to calculate AD costs to operators. To account for various
inflationary costs in the airline industry, we find it necessary to
increase the labor rate used in these calculations from $60 per work
hour to $65 per work hour. The cost impact information, below, reflects
this increase in the specified hourly labor rate.
Cost Impact
There are approximately 594 airplanes of the affected design in the
worldwide fleet. We estimate that 366 airplanes of U.S. registry will
be affected by this AD, that it will take approximately 4 work hours
per airplane to accomplish the inspection to determine wall thickness,
and that the average labor rate is $65 per work hour. Based on these
figures, the cost impact of the AD on U.S. operators is estimated to be
$95,160, or $260 per airplane.
Should an operator be required to accomplish the follow-on
inspection to detect cracking, the inspection will take approximately 1
work hour per airplane, at an average labor rate of $65 per work hour.
Based on these figures, the cost impact of this inspection will be
approximately $65 per airplane, per inspection cycle.
Should an operator be required to accomplish the replacement of a
rudder pedal arm assembly, the replacement will take approximately 4
work hours per assembly, per airplane, at an average labor rate of $65
per work hour. Parts will cost approximately $2,943 per assembly. Based
on these figures, the cost impact of this replacement will be
approximately $3,203 per rudder pedal arm assembly, per airplane.
The cost impact figures discussed above are based on assumptions
that no operator has yet accomplished any of
[[Page 67800]]
the requirements of this AD action, and that no operator would
accomplish those actions in the future if this AD were not adopted. The
cost impact figures discussed in AD rulemaking actions represent only
the time necessary to perform the specific actions actually required by
the AD. These figures typically do not include incidental costs, such
as the time required to gain access and close up, planning time, or
time necessitated by other administrative actions.
For Model MD-11 and -11F airplanes within the period under the
warranty agreement, we have been advised that the manufacturer has
committed previously to its customers that it will bear the cost of
replacement parts. We have also been advised that manufacturer warranty
remedies may be available for labor costs associated with accomplishing
the actions that would be required by this AD. Therefore, the future
economic cost impact of this AD may be less than the cost impact figure
indicated above.
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.
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
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:
2003-24-10 McDonnell Douglas: Amendment 39-13379. Docket 2001-NM-
207-AD.
Applicability: Model DC-10-10, DC-10-10F, DC-10-15, DC-10-30,
DC-10-30F, DC-10-30F (KC10A and KDC-10), DC-10-40, DC-10-40F, MD-10-
10F, and MD-10-30F airplanes; as listed in Boeing Alert Service
Bulletin DC10-27A233, Revision 01, dated June 6, 2002; and Model MD-
11 and MD-11F airplanes; as listed in Boeing Alert Service Bulletin
MD11-27A080, Revision 01, June 6, 2002; 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 (f) 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 prevent failure of the rudder pedal arm assembly, which,
under certain conditions, could result in reduced controllability of
the airplane, accomplish the following:
One-Time Ultrasonic Inspection
(a) Within 6 months after the effective date of this AD, perform
a one-time ultrasonic inspection to determine the thickness of the
walls of the rudder pedal arm assembly for both the captain's and
first officer's rudder pedals, per the Accomplishment Instructions
of Boeing Alert Service Bulletin DC10-27A233, Revision 01, dated
June 6, 2002 (for Model DC-10-10, DC-10-10F, DC-10-15, DC-10-30, DC-
10-30F, DC-10-30F (KC10A and KDC-10), DC-10-40, DC-10-40F, MD-10-
10F, and MD-10-30F airplanes); or Boeing Alert Service Bulletin
MD11-27A080, Revision 01, June 6, 2002 (for MD-11 and MD-11F
airplanes); as applicable.
(1) If the wall thickness is within the design specifications or
operational limits specified in the Accomplishment Instructions and
Figure 1 of the applicable service bulletin: Before further flight,
perform a dye penetrant inspection for cracking of the clevis of the
rudder pedal arm assembly, per the Accomplishment Instructions of
the service bulletin. If no cracking is found, do paragraph (b) or
(c) of this AD, as applicable.
(2) If the wall thickness is outside the limits specified in the
applicable service bulletin: Do paragraph (d) of this AD.
Condition 1: Wall Thickness Within Design Specifications; No Cracking
(b) During the inspections required by paragraphs (a) and (a)(1)
of this AD, if the wall thickness of the rudder pedal assembly is
within the design specifications as specified in the Accomplishment
Instructions and Figure 1 of the applicable service bulletin, and no
cracking of the clevis is found: Repeat the dye penetrant inspection
specified in paragraph (a)(1) of this AD to find cracking of the
clevis of the rudder pedal assembly at the applicable intervals
specified in paragraph (b)(1) or (b)(2) of this AD; per the
Accomplishment Instructions of Boeing Alert Service Bulletin DC10-
27A233, Revision 01, dated June 6, 2002 (for Model DC-10-10, DC-10-
10F, DC-10-15, DC-10-30, DC-10-30F, DC-10-30F (KC10A and KDC-10),
DC-10-40, DC-10-40F, MD-10-10F, and MD-10-30F airplanes); or Boeing
Alert Service Bulletin MD11-27A080, Revision 01, June 6, 2002 (for
MD-11 and MD-11F airplanes); as applicable. Replacement of the
rudder pedal arm assembly with a new, improved assembly per the
Accomplishment Instructions of the applicable service bulletin
terminates the repetitive inspections.
(1) For Model DC-10-10, DC-10-10F, DC-10-15, DC-10-30, DC-10-
30F, DC-10-30F (KC10A and KDC-10), DC-10-40, DC-10-40F, MD-10-10F,
and MD-10-30F airplanes: Repeat the inspection every 5,200 flight
hours until the rudder pedal arm assembly is replaced with a new,
improved assembly per the Accomplishment Instructions of the
applicable service bulletin.
(2) For MD-11 and MD-11F airplanes: Repeat the inspection every
4,200 flight hours until the rudder pedal arm assembly is replaced
with a new, improved assembly per the Accomplishment Instructions of
the applicable service bulletin.
Condition 2: Wall Thickness Within Operational Limits; No Cracking
(c) During the inspections required by paragraphs (a) and (a)(1)
of this AD, if the wall thickness of the rudder pedal arm assembly
is within the operational limits specified in the Accomplishment
Instructions and Figure 1 of the applicable service bulletin, and no
cracking of the clevis is found: Do paragraphs (c)(1) and (c)(2) of
this AD per the Accomplishment Instructions of Boeing Alert Service
Bulletin DC10-27A233, Revision 01, dated June 6, 2002 (for Model DC-
10-10, DC-10-10F, DC-10-15, DC-10-30, DC-10-30F, DC-10-30F (KC10A
and KDC-10), DC-10-40, DC-10-40F, MD-10-10F, and MD-10-30F
airplanes); or Boeing Alert Service Bulletin MD11-27A080, Revision
01, June 6, 2002 (for MD-11 and MD-11F airplanes); as applicable.
(1) Condition 2, Phase 1: Before further flight, change the part
number of the rudder pedal arm assembly to identify the assembly as
a ``temporary operation'' part.
(2) Condition 2, Phase 2: At the applicable time specified in
paragraph (c)(2)(i) or (c)(2)(ii) of this AD, replace the
``temporary
[[Page 67801]]
operation'' rudder pedal arm assembly with a new, improved rudder
pedal arm assembly.
(i) For Model DC-10-10, DC-10-10F, DC-10-15, DC-10-30, DC-10-
30F, DC-10-30F (KC10A and KDC-10), DC-10-40, DC-10-40F, MD-10-10F,
and MD-10-30F airplanes: Replace within 5,200 flight hours after the
inspection in paragraph (a)(1) of this AD.
(ii) For MD-11 and MD-11F airplanes: Replace within 4,200 flight
hours after the inspection in paragraph (a)(1) of this AD.
Conditions 3 and 4: Wall Thickness Not Within Limits; Clevis Cracked or
Broken
(d) During the inspection per paragraph (a) of this AD, if the
wall thickness of the rudder pedal arm assembly is not within the
design specifications or the acceptable operational limits specified
in the applicable service bulletin; or during any inspection per
paragraph (a)(1) or (b) of this AD, if the clevis of the rudder
pedal assembly is cracked or broken: Before further flight, replace
the rudder pedal assembly with a new, improved rudder pedal assembly
per Condition 3 or 4, as applicable, of the Accomplishment
Instructions of Boeing Alert Service Bulletin DC10-27A233, Revision
01, dated June 6, 2002 (for Model DC-10-10, DC-10-10F, DC-10-15, DC-
10-30, DC-10-30F, DC-10-30F (KC10A and KDC-10), DC-10-40, DC-10-40F,
MD-10-10F, MD-10-30F airplanes); or Boeing Alert Service Bulletin
MD11-27A080, Revision 01, June 6, 2002 (for MD-11 and MD-11F
airplanes); as applicable. Such replacement terminates any
repetitive inspections required by this AD.
Parts Installation
(e) As of the effective date of this AD, no person shall install
a rudder pedal arm assembly having part number ABH7239-1 or ABH7239-
2 on any airplane unless the parts meet the dimensional and crack-
free requirements of paragraph (b) of this AD and the repetitive
inspections required by that paragraph are accomplished.
Alternative Methods of Compliance
(f) 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 Aircraft Certification
Office (ACO), FAA. 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
(g) 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
(h) The actions shall be done in accordance with Boeing Alert
Service Bulletin DC10-27A233, Revision 01, dated June 6, 2002; or
Boeing Alert Service Bulletin MD11-27A080, Revision 01, June 6,
2002; as applicable. 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 Boeing
Commercial Aircraft Group, Long Beach Division, 3855 Lakewood
Boulevard, Long Beach, California 90846, Attention: Data and Service
Management, Dept. C1-L5A (D800-0024). Copies may be inspected 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; or at the
Office of the Federal Register, 800 North Capitol Street, NW., suite
700, Washington, DC.
Effective Date
(i) This amendment becomes effective on January 8, 2004.
Issued in Renton, Washington, on November 26, 2003.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 03-30109 Filed 12-3-03; 8:45 am]
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