[Federal Register Volume 59, Number 235 (Thursday, December 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30145]


[[Page Unknown]]

[Federal Register: December 8, 1994]


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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 94-NM-150-AD]

 

Airworthiness Directives; McDonnell Douglas Model DC-10 and Model 
MD-11 Series Airplanes and KC-10A (Military) Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the supersedure of an existing 
airworthiness directive (AD), applicable to all McDonnell Douglas Model 
DC-10 series airplanes and KC-10A (military) airplanes and certain 
Model MD-11 series airplanes, that currently requires inspections to 
determine the serial numbers and to detect defects in the upper and 
lower lock links on the nose landing gear (NLG), and rework or 
replacement of any defective link with a serviceable link. The actions 
specified by that AD are intended to prevent collapse of the NLG. This 
action would require accomplishment of a certain inspection that would 
constitute terminating action for the currently required inspections.

DATES: Comments must be received by February 6, 1995.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 94-NM-150-AD, 1601 Lind Avenue SW., Renton, 
Washington 98055-4056. Comments may be inspected at this location 
between 9:00 a.m. and 3:00 p.m., Monday through Friday, except Federal 
holidays.
    The service information referenced in the proposed rule may be 
obtained from McDonnell Douglas Corporation, P.O. Box 1771, Long Beach, 
California 90801-1771, Attention: Business Unit Manager, Technical 
Administrative Support, Dept. L51, M.C. 2-98; telephone (310) 593-9795. 
This information may be examined at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the FAA, 
Transport Airplane Directorate, Los Angeles Aircraft Certification 
Office, 3960 Paramount Boulevard, Lakewood, California.

FOR FURTHER INFORMATION CONTACT: For Model DC-10 series airplanes and 
Model KC-10A (military) airplanes: Maureen Moreland, Aerospace 
Engineer, Airframe Branch, ANM-121L, FAA, Transport Airplane 
Directorate, Los Angeles Aircraft Certification Office, 3960 Paramount 
Boulevard, Lakewood, California 90712; telephone (310) 627-5238; fax 
(310) 627-5210.
    For Model MD-11 series airplanes: Wahib Mina, Aerospace Engineer, 
Airframe Branch, ANM-121L, FAA, Transport Airplane Directorate, Los 
Angeles Aircraft Certification Office, 3960 Paramount Boulevard, 
Lakewood, California 90712; telephone (310) 627-5324; fax (310) 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 notice may be changed in 
light of the comments received.
    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 notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 94-NM-150-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-103, Attention: Rules 
Docket No. 94-NM-150-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On August 25, 1994, the FAA issued AD 94-18-07, amendment 39-9020 
(59 FR 44900, August 31, 1994), applicable to all McDonnell Douglas 
Model DC-10 series airplanes and KC-10A (military) airplanes and 
certain Model MD-11 series airplanes, to require inspections to 
determine the serial numbers and to detect defects in the upper and 
lower lock links on the nose landing gear (NLG), and rework or 
replacement of any defective link with a serviceable link. That AD also 
provided optional terminating action for the required inspections. That 
action was prompted by reports of defects found on certain lock links. 
The requirements of that AD are intended to prevent collapse of the 
NLG.
    As discussed in the preamble to AD 94-18-07, continuing 
investigation of the lock links revealed that, during manufacture, 
these links may not have been inspected properly using a fluorescent 
penetrant inspection (FPI) method. After manufacture of a lock link, 
its material is etched and an FPI is performed to detect forging 
defects. The FPI accomplished on the affected lock links was performed 
without accomplishment of the etching process. Forging defects in these 
lock links could result in eventual failure of the lock link and 
subsequent collapse of the NLG.
    AD 94-18-07 contained a provision for accomplishment of an optional 
terminating action (performing an FPI), which, if accomplished, would 
constitute terminating action for the currently required repetitive 
inspections. In the preamble to AD 94-18-07, the FAA indicated that it 
was considering further rulemaking to require accomplishment of that 
optional terminating action. This action proposes such a requirement.
    The FAA previously reviewed and approved McDonnell Douglas DC-10 
Alert Service Bulletin A32-238 and MD-11 Alert Service Bulletin A32-47, 
both dated July 15, 1994, which describe procedures for an off-aircraft 
FPI inspection (Phase III inspection) to detect defects in the upper 
and lower lock links on the NLG, and rework or replacement of any 
defective link. This inspection includes etching of the link material 
prior to accomplishing the FPI. Accomplishment of this inspection and 
rework of any defective lock link found during that inspection will 
ensure that all forging defects are detected and will eliminate the 
need for the repetitive inspections required currently by AD 94-18-07.
    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 supersede AD 94-18-07 to continue to require 
inspections to determine the serial numbers and to detect defects in 
the upper and lower lock links on the NLG, and rework of any defective 
lock link, or replacement of any defective lock link with a serviceable 
lock link. This action also would require an off-aircraft FPI (Phase 
III inspection) to detect defects in the upper and lower lock links on 
the NLG, and rework or replacement of any defective link. 
Accomplishment of the FPI would constitute terminating action for the 
repetitive inspections required currently by AD 94-18-07. The actions 
would be required to be accomplished in accordance with the applicable 
alert service bulletin described previously.
    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. Under 
these circumstances, at least one operator appears to have incorrectly 
assumed that its airplane was not subject to an AD. On the contrary, 
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 
included in this notice to clarify this requirement.
    There are approximately 534 Model DC-10 and MD-11 series airplanes 
and Model KC-10A (military) airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 310 airplanes of U.S. registry 
would be affected by this proposed AD.
    The inspections that were required previously by AD 94-18-07, and 
retained in this AD, take approximately 4.5 work hours per airplane to 
accomplish, at an average labor rate of $60 per work hour. Based on 
these figures, the total cost impact of the inspection requirements of 
AD 94-18-07 on U.S. operators is estimated to be $83,700, or $270 per 
airplane, per inspection cycle.
    The fluorescent penetrant inspection, as proposed by this AD, would 
take approximately 8 work hours to accomplish, at an average labor rate 
of $60 per work hour. Based on these figures, the total cost impact of 
the proposed fluorescent penetrant inspection requirement of this AD on 
U.S. operators is estimated to be $148,400, or $480 per airplane.
    Accomplishment of the fluorescent penetrant inspection proposed by 
this AD would terminate the repetitive inspection requirement that had 
been imposed previously by AD 94-18-07. Therefore, accomplishment of 
that fluorescent penetrant inspection would result in a reduction in 
costs to affected operators of $83,700 per inspection cycle that would 
no longer be required.
    The number of required work hours for each proposed requirement of 
this AD, as indicated above, is presented as if the accomplishment of 
the actions were to be conducted as ``stand alone'' actions. However, 
in actual practice, these actions for the most part would be 
accomplished coincidentally or in combination with normally scheduled 
airplane inspections and other maintenance program tasks. Therefore, 
the actual number of necessary additional work hours will be minimal in 
many instances. Additionally, any costs associated with special 
airplane scheduling will be minimal.
    The regulations proposed herein would 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 
proposal would not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.
    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. 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. App. 1354(a), 1421 and 1423; 49 U.S.C. 
106(g); and 14 CFR 11.89.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by removing amendment 39-9020 (59 FR 
44900, August 31, 1994), and by adding a new airworthiness directive 
(AD), to read as follows:

McDonnell Douglas: Docket 94-NM-150-AD. Supersedes AD 94-18-07, 
Amendment 39-9020.

    Applicability: All Model DC-10 series airplanes and Model KC-10A 
(military) airplanes; and Model MD-11 series airplanes, as listed in 
McDonnell Douglas MD-11 Alert Service Bulletin A32-47, dated July 
15, 1994; 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 use the authority 
provided in paragraph (h) to request approval from the FAA. This 
approval may address either no action, if the current configuration 
eliminates the unsafe condition; or different actions necessary to 
address the unsafe condition described in this AD. Such a request 
should include an assessment of the effect of the changed 
configuration on the unsafe condition addressed by this AD. In no 
case does the presence of any modification, alteration, or repair 
remove any airplane from the applicability of this AD.

    Compliance: Required as indicated, unless accomplished 
previously.

    Note 2: Visual inspections of the lock links, as required by 
paragraph (a) of this AD, and eddy current inspections of the lock 
links, as required by paragraph (b)(1) of this AD, that have been 
accomplished prior to the effective date of this AD in accordance 
with McDonnell Douglas DC-10 Alert Service Bulletin A32-237, dated 
April 11, 1994; or McDonnell Douglas MD-11 Alert Service Bulletin 
A32-44, dated March 22, 1994, or Revision 1, dated June 16, 1994; as 
applicable; are considered acceptable for compliance with the 
applicable action specified in this amendment.

    To prevent collapse of the nose landing gear (NLG), accomplish 
the following:
    (a) Within 30 days after September 15, 1994 (the effective date 
of AD 94-18-07, amendment 39-9020), perform a visual inspection to 
determine the serial number of the upper lock links, part number 
ACG7396-1, and the lower lock links, part number ACG7237-1, on the 
NLG, in accordance with McDonnell Douglas DC-10 Alert Service 
Bulletin A32-238, dated July 15, 1994; or McDonnell Douglas MD-11 
Alert Service Bulletin A32-47, dated July 15, 1994; as applicable.
    (b) If the serial number of the lock link coincides with any of 
the suspect serial numbers listed in McDonnell Douglas DC-10 Alert 
Service Bulletin A32-238, dated July 15, 1994; or McDonnell Douglas 
MD-11 Alert Service Bulletin A32-47, dated July 15, 1994; as 
applicable; accomplish paragraphs (b)(1) and (b)(2) of this AD in 
accordance with the alert service bulletin.
    (1) Prior to further flight, perform an eddy current inspection 
to detect defects in the lock link in accordance with Phase I 
(``Eddy Current Inspection--On Aircraft'') of the Accomplishment 
Instructions of the applicable alert service bulletin.
    (2) Perform an expanded eddy current inspection to detect 
defects in the lock link, in accordance with Phase II (``Expanded 
Eddy Current Inspection--Off Aircraft'') of the Accomplishment 
Instructions of the applicable alert service bulletin at the time 
specified in paragraph (b)(2)(i) or (b)(2)(ii) of this AD, as 
applicable.
    (i) For Model DC-10 series airplanes and Model KC-10A airplanes: 
Inspect prior to the accumulation of 450 landings after September 
15, 1994 (the effective date of AD 94-18-07, amendment 39-9020), and 
thereafter at intervals not to exceed 450 landings until the 
inspection required by paragraph (d) of this AD is accomplished.
    (ii) For Model MD-11 series airplanes: Inspect prior to the 
accumulation of 330 landings after September 15, 1994 (the effective 
date of AD 94-18-07, amendment 39- 9020), and thereafter at 
intervals not to exceed 330 landings until the inspection required 
by paragraph (d) of this AD is accomplished.
    (c) If any defect is found during any inspection required by 
paragraph (b) of this AD, prior to further flight, accomplish either 
paragraph (c)(1) or (c)(2) of this AD in accordance with McDonnell 
Douglas DC-10 Alert Service Bulletin A32-238, dated July 15, 1994; 
or McDonnell Douglas MD-11 Alert Service Bulletin A32-47, dated July 
15, 1994; as applicable.
    (1) Rework the lock link; or
    (2) Replace the defective lock link with a serviceable lock link 
that has been inspected in accordance with paragraphs (a) and (b) of 
this AD and, if the lock link was found to contain any defect, that 
has been reworked in accordance with paragraph (c)(1) of this AD.
    (d) Within 15 months after the effective date of this AD, 
perform a fluorescent penetrant inspection to detect defects of the 
lock links, in accordance with Phase III (``Fluorescent Penetrant 
Inspection--Off Aircraft'') of the Accomplishment Instructions of 
McDonnell Douglas DC-10 Alert Service Bulletin A32-238, dated July 
15, 1994; or McDonnell Douglas MD-11 Alert Service Bulletin A32-47, 
dated July 15, 1994; as applicable. Accomplishment of this 
inspection constitutes terminating action for the inspections 
required by paragraph (b) of this AD.
    (e) If any defect is found during an inspection performed in 
accordance with paragraph (d) of this AD, prior to further flight, 
accomplish either paragraph (e)(1) or (e)(2) of this AD in 
accordance with McDonnell Douglas DC-10 Alert Service Bulletin A32-
238, dated July 15, 1994; or McDonnell Douglas MD-11 Alert Service 
Bulletin A32-47, dated July 15, 1994; as applicable.
    (1) Rework the lock link; or
    (2) Replace the defective lock link with a serviceable lock link 
that has been inspected in accordance with paragraphs (a) and (b) of 
this AD and, if the lock link was found to contain any defect, that 
has been reworked in accordance with paragraph (e)(1) of this AD.
    (f) As of September 15, 1994 (the effective date of AD 94-18-07, 
amendment 39-9020), no person shall install an upper lock link, part 
number ACG7396-1, or a lower lock link, part number ACG7237-1, on 
the NLG of any airplane unless that lock link has been inspected in 
accordance with paragraphs (a) and (b) of this AD and reworked, as 
necessary, in accordance with paragraph (c)(1) or (e)(1) of this AD.
    (g) Within 30 days after any defect is found during any 
inspection required by this AD, submit a report of inspection 
findings to the Manager, Los Angeles Aircraft Certification Office 
(ACO), FAA, Transport Airplane Directorate, 3960 Paramount 
Boulevard, Lakewood, California 90712; fax (310) 627-5210. The 
report must include a description of the defect found, the part 
number of the defective lock link, the serial number of the 
defective lock link, the number of landings on the defective lock 
link, and the serial number of the airplane. Information collection 
requirements contained in this regulation have been approved by the 
Office of Management and Budget (OMB) under the provisions of the 
Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.) and have 
been assigned OMB Control Number 2120-0056.
    (h) 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, Transport Airplane Directorate. 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 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Los Angeles ACO.

    (i) Special flight permits may be issued in accordance with 
Secs. 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.

    Issued in Renton, Washington, on December 2, 1994.
James V. Devany,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 94-30145 Filed 12-7-94; 8:45 am]
BILLING CODE 4910-13-U