[Federal Register: September 30, 2003 (Volume 68, Number 189)]
[Proposed Rules]
[Page 56216-56219]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30se03-30]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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[[Page 56216]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2003-NM-43-AD]
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 (KC-10A-and KDC-10),
DC-10-40, DC-10-40F, MD-10-10F, and MD-10-30F Airplanes; and Model MD-
11 and MD-11F Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes the adoption of a new airworthiness
directive (AD) that is applicable to certain McDonnell Douglas
transport category airplanes. For certain airplanes, this proposal
would require a general visual inspection to detect cracking in the
nuts on the lower attach bolt assemblies of the forward attach bracket
of the inboard flap outboard hinge, replacement of both upper and lower
attach bolt assemblies with new bolts and nuts made from Inconel
material, and replacement of certain preload-indicating (PLI) washers
with new washers. For certain other airplanes, this proposal would
require replacement of the lower attach bolt assemblies of the inboard
forward attach bracket of the inboard flap outboard hinge with new
bolts and nuts made from Inconel material, and replacement of PLI
washers with new washers. These actions are necessary to prevent
separation of the inboard flap outboard hinge from the wing structure
and consequent reduced controllability of the airplane. This action is
intended to address the identified unsafe condition.
DATES: Comments must be received by November 14, 2003.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2003-NM-43-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-nprmcomment@faa.gov. Comments sent via fax or the Internet must
contain ``Docket No. 2003-NM-43-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 or 2000 or
ASCII text.
The service information referenced in the proposed rule may be
obtained from the 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 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: Ronald Atmur, Aerospace Engineer,
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification
Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137;
telephone (562) 627-5224; fax (562) 627-5210.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to participate in the making of the
proposed 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 above. All
communications received on or before the closing date for comments,
specified above, will be considered before taking action on the
proposed rule. The proposals contained in this action may be changed in
light of the comments received.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 proposed
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 proposed 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 summarizing each FAA-public contact concerned with
the substance of this proposal will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this action must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 2003-NM-43-AD.'' The postcard will be date stamped and
returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules
Docket No. 2003-NM-43-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
The FAA received a report of an incident in June 2002, involving a
McDonnell Douglas Model MD-11 airplane on which the left-hand inboard
flap outboard hinge pulled away from the wing structure where a bracket
attaches it with two upper and two lower bolts. Preliminary
investigation indicated that the two lower attach bolt assemblies
likely failed first. When the bracket separated, it caused an
asymmetrical condition for the inboard flaps, additional structural
damage to the wing, and loss of one hydraulic system. The flightcrew
applied full right-hand aileron to level the wings, and during
emergency landing, the tail of the airplane scraped the runway. The
affected airplane had accumulated 37,439 flight-hours and 9,241
landings.
Following the incident reported above, on July 10, 2002, we issued
AD 2002-14-03, amendment 39-12803 (67 FR 47254, July 18, 2002), which
required, for certain MD-11 and MD-
[[Page 56217]]
11F airplanes, a one-time inspection to detect loose PLI washers or
cracked or corroded nuts of the lower bolts of the inboard flap
outboard hinge, and replacement with new parts if necessary. As a
result of the reporting requirements in AD 2002-14-03, it was
determined that the failure in the affected bolts was due to stress
corrosion. This condition, if not corrected, could result in separation
of the inboard flap outboard hinge from the wing structure and
consequent reduced controllability of the airplane.
The preamble to AD 2002-14-03, indicated that we consider the
requirements ``interim action,'' and that we were considering further
rulemaking. We have now determined that further rulemaking is indeed
necessary, and this proposed AD follows from that determination.
Similar Models
The subject area on certain McDonnell Douglas Model DC-10-10, DC-
10-10F, DC-10-15, DC-10-30, DC-10-30F, DC-10-30F (KC-10A- and KDC-10),
DC-10-40, DC-10-40F, MD-10-10F, and MD-10-30F airplanes is almost
identical to that on the affected Model MD-11 and MD-11F airplanes.
Therefore, all of these models may be subject to the same unsafe
condition.
Explanation of Relevant Service Information
The FAA has reviewed and approved Boeing Alert Service Bulletin
DC10-57A149, including Appendices A and B, dated January 7, 2003, which
describes procedures for performing a general visual inspection of
lower attach bolt assembly nuts on the forward attach bracket of the
inboard flap outboard hinge to detect cracking in the nuts. This
service bulletin also describes procedures for replacing the upper and
lower attach bolt assemblies with new bolts and nuts made from Inconel
material, and for replacing certain PLI washers with new PLI washers.
The FAA has also reviewed and approved Boeing Alert Service
Bulletin MD11-57A068, including Appendix A, dated January 7, 2003,
which describes procedures for replacing the lower attach bolt
assemblies on the forward attach bracket of the inboard flap outboard
hinge with new bolts and nuts made from Inconel material and replacing
the PLI washers with new PLI washers.
If the steel attach bolts assemblies were replaced previously with
new Inconel material bolt assemblies, no further action is specified in
the service bulletin. Accomplishment of the actions specified in the
service bulletins is intended to adequately address the identified
unsafe condition.
Explanation of Requirements of Proposed Rule
Since an unsafe condition has been identified that is likely to
exist or develop on other products of this same type design, the
proposed AD would require accomplishment of the actions specified in
the service bulletins described previously. Although the Accomplishment
Instructions in Boeing Alert Service Bulletin DC10-57A149, dated
January 7, 2003, which is referenced in this proposed AD, specifies to
submit information and discrepant parts to the manufacturer, this
proposed AD does not include such a requirement.
Changes to 14 CFR part 39/Effect on the Proposed 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 (AMOCs). Because we have now included this material in part
39, only the office authorized to approve AMOCs is identified in each
individual AD.
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 394 Model DC-10 and Model MD-10 airplanes,
and approximately 192 Model MD-11 and -11F airplanes of the affected
design in the worldwide fleet. The FAA estimates that 252 DC-10 and
Model MD-10 airplanes and 76 Model MD-11 and -11F airplanes of U.S.
registry would be affected by this proposed AD, and that the average
labor rate is $65 per hour.
The following table shows the estimated cost impact for airplanes
affected by this proposed AD:
Table--Cost Impact Estimate
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Labor cost per Parts cost per
Model Work hours airplane airplane Fleet cost
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DC-10 and MD-10 airplanes....................... 25 $1,625 $4,139 $1,452,528
MD-11 and -11F airplanes........................ 13 845 2,041 219,336
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The cost impact figures discussed above are based on assumptions
that no operator has yet accomplished any of the proposed requirements
of this AD action, and that no operator would accomplish those actions
in the future if this proposed 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.
Regulatory Impact
The regulations proposed herein would 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 proposal would not have federalism implications
under Executive Order 13132.
For the reasons discussed above, I certify that this proposed
regulation (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under the DOT
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);
and (3) if promulgated, 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 copy of the draft
regulatory evaluation prepared for this action is contained in the
Rules Docket.
[[Page 56218]]
A copy of it may be obtained by contacting 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.
The Proposed Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend
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. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
McDonnell Douglas: Docket 2003-NM-43-AD.
Applicability: Model DC-10-10, DC-10-10F, DC-10-15, DC-10-30,
DC-10-30F, DC-10-30F (KC-10A- and KDC-10), DC-10-40, DC-10-40F, MD-
10-10F, and MD-10-30F airplanes as listed in Boeing Alert Service
Bulletin DC10-57A149, dated January 7, 2003; and Model MD-11 and MD-
11F airplanes, as listed in Boeing Alert Service Bulletin MD11-
57A068, dated January 7, 2003; certificated in any category.
Compliance: Required as indicated, unless accomplished
previously.
To prevent separation of the inboard flap outboard hinge from
the wing structure and consequent reduced controllability of the
airplane, accomplish the following:
Replacements Accomplished Per Previous Service Bulletins
(a) Replacements of steel bolts and nuts with Inconel bolts and
nuts accomplished before the effective date of this AD per Boeing
Service Bulletin DC10-57-116, Revision 01, dated November 25, 1996;
Boeing Service Bulletin DC10-57-116, Revision 02, dated December 22,
1998; Boeing Service Bulletin DC10-57-116, Revision 03, dated May
12, 1999; and per Condition 1, Group 1 or 2, Option 1 of Boeing
Alert Service Bulletin MD11-57A067, including Appendices A and B,
dated July 10, 2002; are considered acceptable for compliance with
the corresponding action specified in this AD.
General Visual Inspection, Model DC-10 and MD-10 Airplanes
(b) Within six months after the effective date of this AD, for
all affected Model DC-10 and MD-10 airplanes, remove the
encapsulating sealant from the nut side only of both assemblies and
do a general visual inspection of the inboard flap, outboard hinge,
forward attach bracket, lower attach bolt assembly nuts to detect
cracking in the nuts, in accordance with the Accomplishment
Instructions in Boeing Alert Service Bulletin DC10-57A149, dated
January 7, 2003.
Note 1: For the purposes of this AD, a general visual inspection
is defined as: ``A visual examination of an interior or exterior
area, installation, or assembly to detect obvious damage, failure,
or irregularity. This level of inspection is made from within
touching distance unless otherwise specified. A mirror may be
necessary to enhance visual access to all exposed surfaces in the
inspection area. This level of inspection is made under normally
available lighting conditions such as daylight, hangar lighting,
flashlight, or droplight and may require removal or opening of
access panels or doors. Stands, ladders, or platforms may be
required to gain proximity to the area being checked.''
Replacement, Model DC-10 and MD-10 Airplanes
(c) Following the general visual inspection described in
paragraph (b) of this AD, for all affected Model DC-10 and MD-10
airplanes, accomplish the applicable action(s) described in Table 1
of this AD at the specified times, per the Accomplishment
Instructions in Boeing Alert Service Bulletin DC10-57A149, dated
January 7, 2003. Although the Accomplishment Instructions specify to
submit certain information and discrepant parts to the manufacturer,
this AD does not include such a requirement.
Table 1.--Inspection and Replacement, Model DC-10 and MD-10 Airplanes
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Condition Actions to accomplish
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(1) Cracks in either nut..... (i) Option 1 (Preferred): Prior to
further flight, replace both upper and
lower attach bolt assemblies with new
bolts and nuts made from Inconel
material.
(ii) Option 2: Prior to further flight,
replace both lower attach bolt
assemblies with new bolts and nuts made
from Inconel material, and replace the
preload-indicating (PLI) washers with
new washers. Within 24 months after the
effective date of this AD, replace both
upper attach bolt assemblies with new
bolts and nuts made from Inconel
material, and replace the preload-
indicating (PLI) washers with new
washers.
(2) No cracks in nuts........ Within 24 months after the effective date
of this AD, replace both upper and lower
attach bolt assemblies with bolts and
nuts made from Inconel material, and
replace the PLI washers with new
washers, as applicable.
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Replacement, Model MD-11 and -11F Airplanes
(d) Replace the inboard flap, outboard hinge, forward attach
bracket, lower attach bolt assemblies of the affect Model MD-11 and
MD-11F airplanes with new bolts and nuts made from Inconel material
and replace the PLI washers with new PLI washers within the
compliance time for the applicable condition described in Table 2 of
this AD. Accomplish all replacements per the Accomplishment
Instructions in Boeing Alert Service Bulletin MD11-57A068, dated
January 7, 2003.
Table 2.--Condition and Compliance Time, Model MD-11 and -11F Airplanes
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Condition Compliance time
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MD-11 and MD-11F airplanes that have not Within 18 months after
replaced steel bolts and nuts with new like the effective date of
parts or Inconel bolts per group 1 or 2, option this AD.
1 or 2 of Boeing Alert Service Bulletin MD11-
57A067, including Appendices A and B, dated
July 10, 2002.
MD-11 and MD-11F airplanes that have replaced Within 36 months after
steel bolts and nuts with new steel bolts and the effective date of
steel nuts per group 1 or 2, option 2, table 2, this AD.
note 7 of Boeing Alert Service Bulletin MD11-
57A067, including Appendices A and B, dated
July 10, 2002.
MD-11 and MD-11F airplanes that have replaced Within 60 months after
steel bolts and nuts with new steel bolts and the date of this
new Inconel nuts per Group 1 or 2, Option 2 of effective AD.
Boeing Alert Service Bulletin MD11-57A067,
including Appendices A and B, dated July 10,
2002.
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[[Page 56219]]
Alternative Methods of Compliance
(e) In accordance with 14 CFR 39.19, the Manager, Los Angeles
Aircraft Certification Office (ACO), FAA, is authorized to approve
alternative methods of compliance (AMOCs) for this AD.
Issued in Renton, Washington, on September 24, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 03-24680 Filed 9-29-03; 8:45 am]
BILLING CODE 4910-13-P