[Federal Register Volume 60, Number 73 (Monday, April 17, 1995)]
[Proposed Rules]
[Pages 19185-19188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9350]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 94-NM-244-AD]


Airworthiness Directives; McDonnell Douglas Model DC-10 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 McDonnell Douglas Model DC-
10 series airplanes and KC-10A (military) airplanes, that currently 
requires the implementation of a program of structural inspections to 
detect and correct fatigue cracking in order to ensure the continued 
airworthiness of these airplanes as they approach the manufacturer's 
original fatigue design life goal. This action [[Page 19186]] would 
require, among other things, clarification of some Principle Structural 
Elements (PSE) and some non-destructive inspection (NDI) procedures. 
This proposal is prompted by new data submitted by the manufacturer 
indicating that certain revisions to the program are necessary in order 
to clarify some PSE's and some NDI procedures. The actions specified by 
the proposed AD are intended to prevent fatigue cracking that could 
compromise the structural integrity of these airplanes.

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

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 94-NM-244-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.
    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, Department L51, M.C. 2-98. 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: 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.

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-244-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-244-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On August 25, 1993, the FAA issued AD 93-17-09, amendment 39-8680 
(58 FR 54949, October 25, 1993), applicable to McDonnell Douglas Model 
DC-10 series airplanes and KC-10A (military) airplanes, to require 
implementation of a program of structural inspections to detect and 
correct fatigue cracking in order to ensure the continued airworthiness 
of these airplanes as they approach the manufacturer's original fatigue 
design life goal. That action was prompted by new data submitted by the 
manufacturer indicating that certain revisions to the program are 
necessary in order to clarify some Principal Structural Elements (PSE) 
and some non-destructive inspection (NDI) procedures. The requirements 
of that AD are intended to prevent fatigue cracking that could 
compromise the structural integrity of these airplanes.
    Since the issuance of that AD, the manufacturer has issued 
McDonnell Douglas Report No. L26-012, ``DC-10 Supplemental Inspection 
Document (SID),'' Volume I, Revision 5, dated October 1994; Volume II, 
Revision 5, dated October 1994; and Volume III-94, dated November 1994. 
This revision of the SID revises the sampling program by:
    1. Clarifying some PSE titles;
    2. Moving portions of some PSE's under a different PSE designator;
    3. Clarifying some non-destructive inspection (NDI) procedures;
    4. Including some revised alternative NDI procedures for previously 
existing PSE's; and
    5. Updating the planning data continued in Volume III-94.
    The FAA has reviewed and approved the revised SID and has 
determined that these revised procedures must be incorporated into the 
affected operators' SID programs in order to provide an acceptable 
level of confidence that cracks in PSE's do not exist in the fleet.
    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 93-17-09 to require clarifying some PSE 
titles and some NDI procedures, and updating the planning data. The 
actions would be required to be accomplished in accordance with the 
service document described previously.
    There are approximately 419 Model DC-10 series airplanes and KC-10A 
(military) airplanes of the affected design in the worldwide fleet. The 
FAA estimates that 249 airplanes of U.S. registry and 13 U.S. operators 
would be affected by this proposed AD. Incorporation of the SID program 
into an operator's maintenance program, as required by AD 93-17-09 is 
estimated to necessitate 1,270 work hours (per operator), at an average 
labor rate of $60 per work hour. Based on these figures, the cost to 
the 13 affected U.S. operators to incorporate the SID program is 
estimated to be $990,600.
    The incorporation of the revised procedures proposed in this AD 
action would require approximately 20 additional work hours per 
operator to accomplish, at an average labor rate of $60 per work hour. 
Based on these figures, the cost to the 13 affected U.S. operators to 
incorporate these revised procedures into the SID program into an 
operator's maintenance program is estimated to be $15,600.
    The recurring inspection costs, as required by AD 93-17-09, are 
estimated to be 365 work hours per airplane per year, at an average 
labor rate of $60 per work hour. Based on these figures, the recurring 
inspection costs required by AD 93-17-09 are estimated to be $21,900 
per airplane, or $5,453,100 for the affected U.S. fleet.
    Since no new recurring inspection procedures have been added to the 
program by this proposed AD action, there would be no additional 
economic burden on affected operators to perform additional recurrent 
inspections.
    Based on the above figures, the total cost impact of the proposed 
AD on U.S. operators is estimated to be $5,468,700 for the first year, 
and $5,453,100 for each year thereafter. These ``total cost 
[[Page 19187]] impact'' figures assume that no operator has yet 
accomplished any of the requirements of this AD. However, it can be 
reasonably assumed that a majority of the affected operators have 
already initiated the SID program (as required by AD 93-17-09).
    Additionally, the number of required work hours for each proposed 
inspection (and the SID program), as indicated above, is presented as 
if the accomplishment of those actions were to be conducted as ``stand 
alone'' actions. However, in actual practice, these actions for the 
most part will 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. Further, any cost associated with 
special airplane scheduling can be expected to 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 39-8680 (58 FR 
54949, October 25, 1993), and by adding a new airworthiness directive 
(AD), to read as follows:

McDonnell Douglas: Docket 94-NM-244-AD. Supersedes AD 93-17-09, 
Amendment 39-8680.

    Applicability: Model DC-10 series airplanes and KC-10A 
(military) airplanes, certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To ensure the continuing structural integrity of these 
airplanes, accomplish the following:
    (a) Within 6 months after November 24, 1993 (the effective date 
of AD 93-17-09, amendment 39-8680), incorporate a revision into the 
FAA-approved maintenance inspection program which provides for 
inspection(s) of the Principal Structural Elements (PSE's) defined 
in Section 2 of Volume I of McDonnell Douglas Report No. L26-012, 
``DC-10 Supplemental Inspection Document (SID),'' Revision 3, dated 
December 1992, in accordance with Section 2 of Volume III-92, dated 
October 1992, of the SID. The non-destructive inspection (NDI) 
techniques set forth in Section 2 and Section 4 of Volume II, 
Revision 3, dated December 1992, of the SID provide acceptable 
methods for accomplishing the inspections required by this 
paragraph. All inspection results (negative or positive) must be 
reported to McDonnell Douglas, in accordance with the instructions 
contained in Section 2 of Volume III-92, dated October 1992, of the 
SID. 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.
    (1) For those Fleet Leader Operator Sampling (FLOS) PSE's which 
do not have a Normal Maintenance Visual Inspection specified in 
Section 4 of Volume II, Revision 3, dated December 1992, of the SID, 
the procedure for general visual inspection is as follows: Perform 
an inspection of the general PSE area for cleanliness, presence of 
foreign objects, security of parts, cracks, corrosion, and damage.
    (2) For PSE's 53.10.031E/.032E, 53.10.047E/.048E, and 
57.10.029E/.030E: The ENDDATE for these PSE's is October 1993. (For 
these PSE's disregard the June 1993 ENDDATE specified in Section 2 
of Volume III-92, dated October 1992, of the SID.)
    (b) Within 6 months after the effective date of this AD, replace 
the revision of the FAA-approved maintenance inspection program 
required by paragraph (a) of this AD with a revision that provides 
for inspection(s) of the PSE's defined in Section 2 of Volume I of 
McDonnell Douglas Report No. L26-012, ``DC-10 Supplemental 
Inspection Document (SID),'' Revision 5, dated October 1994, in 
accordance with Section 2 of Volume III-94, dated November 1994, of 
the SID.
    (1) Prior to reaching the threshold (Nth) specified for any 
PSE listed in Volume III-94, dated November 1994, of the SID inspect 
each PSE sample in accordance with the NDI procedures set forth in 
Section 2 and Section 4 of Volume II, Revision 5, dated October 
1994. Thereafter repeat the inspection for that PSE at intervals not 
to exceed DNDI/2 of the NDI procedure that is specified in Volume 
III-94, dated November 1994, of the SID.
    (2) The NDI techniques set forth in Section 2 and Section 4 of 
Volume II, Revision 5, dated October 1994, of the SID provide 
acceptable methods for accomplishing the inspections required by 
this paragraph.
    (3) Visual inspections of all PSE's on airplanes listed in 
Volume III-94, dated November 1994, of the SID planning data, are 
required by the fleet leader-operator sampling (FLOS) program at 
least once during the interval between the start date (SDATE) and 
the end date (EDATE) established for each PSE. These visual 
inspections are defined in Section 4 of Volume II, Revision 5, dated 
October 1994, of the SID, and are required only for those airplanes 
that have not been inspections previously in accordance with Section 
2 of Volume II, Revision 5, dated October 1994, of the SID.
    (4) For those Fleet Leader Operator Sampling (FLOS) PSE's which 
do not have a Normal Maintenance Visual Inspection specified in 
Section 4 of Volume II, Revision 3, dated December 1992, of the SID, 
the procedure for general visual inspection is as follows: Perform 
an inspection of the general PSE area for cleanliness, presence of 
foreign objects, security of parts, cracks, corrosion, and damage.
    (5) For PSE's 53.10.055/.056E, 55.10.013/.014B, 53.10.005/.006E, 
53.10.031/.032E, 53.10.047/.048E, 57.10.029/.030E: The EDATE for 
these PSE's is June 1998. (For these PSE's, disregard the June 1996 
EDATE specified in Section 2, of Volume III-94, dated November 1994, 
of the SID.)
    (6) All inspection results (negative or positive) must be 
reported to McDonnell Douglas in accordance with the instructions 
contained in Section 2 of Volume III-94, dated November 1994, of the 
SID. 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.
    (c) Any cracked structure detected during the inspections 
required by paragraph (a) or (b) of this AD must be repaired before 
further flight, in accordance with a method approved by the Manager, 
Los Angeles Aircraft Certification Office (ACO), FAA, Transport 
Airplane Directorate.

    Note 1: Requests for approval of any PSE repair that would 
affect the FAA-approved [[Page 19188]] maintenance inspection 
program that is required by this AD should include a damage 
tolerance assessment for that PSE repair.

    (d) 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 Angles ACO.
    Note 3: Alternative methods of compliance previously granted for 
amendment 39-8680, AD 93-17-09, continue to be considered as 
acceptable alternative methods of compliance with this amendment.

    (e) 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 April 10, 1995.
S.R. Miller,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 95-9350 Filed 4-14-95; 8:45 am]
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