[Federal Register Volume 60, Number 231 (Friday, December 1, 1995)]
[Rules and Regulations]
[Pages 61649-61652]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29328]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 94-NM-244-AD; Amendment 39-9429; AD 95-23-09]


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment supersedes 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 amendment requires clarification of some Principle 
Structural Elements (PSE) and some 

[[Page 61650]]
non-destructive inspection (NDI) procedures. This amendment 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 this AD are intended 
to prevent fatigue cracking that could compromise the structural 
integrity of these airplanes.

DATES: Effective January 2, 1996.
    The incorporation by reference of 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, as listed in the 
regulations, is approved by the Director of the Federal Register as of 
January 2, 1996.
    The incorporation by reference of McDonnell Douglas Report No. L26-
012, ``DC-10 Supplemental Inspection Document (SID),'' Volume I, 
Revision 3, dated December 1992, Volume II, Revision 3, dated December 
1992, and Volume III-92, dated October 1992, as listed in the 
regulations, was approved previously by the Director of the Federal 
Register as of November 24, 1993 (58 FR 54949, October 25, 1993).

ADDRESSES: The service information referenced in this AD may be 
obtained from McDonnell Douglas Corporation, P.O. Box 1771, Long Beach, 
California 90846-1771, Attention: Business Unit Manager, Contract Data 
Management C1-255 (35-22). 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, Transport Airplane 
Directorate, 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: Maureen Moreland, Aerospace Engineer, 
Airframe Branch, ANM-120L, 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: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) by superseding AD 93-17-09, 
amendment 39-8680 (58 FR 54949, October 25, 1993), which is applicable 
to McDonnell Douglas Model DC-10 series airplanes and KC-10A (military) 
airplanes, was published as a supplemental notice of proposed 
rulemaking in the Federal Register on September 7, 1995 (60 FR 46544). 
The action proposed to require 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.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.
    Several commenters support the proposed rule.
    One commenter notes that Volume III-94 of McDonnell Douglas Report 
No. L26-012, ``DC-10 Supplemental Inspection Document (SID),'' dated 
November 1994 (referenced in the proposal as the appropriate source of 
service information) changed 18 Principle Structural Elements (PSE) 
from Fleet Leader Operator Sample (FLOS) inspections to Fleet Leader 
Sample (FLS) inspections. The commenter states that these changes were 
made because operators submitted an insufficient number of results from 
FLOS inspections. The commenter requests that, in future revisions of 
the document, these FLS inspections be changed to 100 percent 
inspections, which would simplify scheduling and be more cost 
effective.
    The FAA does not concur with the commenter's request to change FLS 
inspections to 100 percent inspections. The FAA finds that Volume III-
94 of the SID changed eight PSE's from FLOS inspections to FLS 
inspections because of a decrease in the sample size (i.e., fewer Model 
DC-10 series airplanes in the SID program). The inspections in the 
McDonnell Douglas SID programs were established using specific criteria 
for determining whether a PSE should be defined as FLOS, FLS, or 100 
percent. The manufacturer established these criteria only after 
extensive and detailed consultations with large numbers of operators 
and with the FAA. Because of the decrease in sample size, these PSE's 
meet the criteria of FLS, but not that of FLOS or 100 percent. The 100 
percent inspection is only applicable if an insufficient number of 
samples exists in the sample size to utilize sampling concepts.
    One operator requests that the proposed rule be revised to include 
provisions for operators that combine fleets with other operators under 
the same maintenance program. The FAA does not concur. The FAA does not 
consider it appropriate to include various provisions in an AD 
applicable to a single operator's unique use of its airplanes. 
Paragraph (d) of this AD provides for the approval of alternative 
methods of compliance to address these types of unique circumstances. 
Further, this commenter does not compile sufficient data for each of 
its airplanes so that an individual airplane's age and inspection 
requirements can be adequately evaluated.
    One commenter requests that the reporting requirement in proposed 
paragraph (b)(4) be revised to clarify that ``all inspection results 
(negative or positive)'' includes reporting the results of findings of 
discrepancies. The FAA does not concur. Section 2 of Volume III-94 of 
the SID provides detailed instructions for reporting the results of all 
inspection findings, including findings of discrepancies.
    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 as proposed.
    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 
will be affected by this AD.
    The incorporation of the SID program into an operator's maintenance 
program, as required by AD 93-17-09, takes approximately 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 in this AD action will 
take 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, or $1,200 per operator.
    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 new AD action, there is no additional economic burden 
on affected operators to perform any additional recurrent inspections. 

[[Page 61651]]

    Based on the above figures, the cost impact of this 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 ``cost 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 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 costs associated with special 
airplane scheduling can be expected to be minimal.
    The regulations adopted herein will 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 final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    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

    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

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 USC 106(g), 40101, 40113, 44701.


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), amendment 39-9429, to read as follows:

95-23-09 McDonnell Douglas: Amendment 39-9429. 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 that 
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. The NDI techniques set forth in Section 2 of Volume II, 
Revision 5, dated October 1994, of the SID provide acceptable 
methods for accomplishing the inspections required by this 
paragraph.
    (1) Prior to reaching the threshold (Nth), but no earlier 
than one-half of the threshold (Nth/2), specified for all PSE's 
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 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) This AD does not require visual inspections of FLOS PSE's on 
airplanes listed in Volume III-94, dated November 1994, of the SID 
planning data at least once during the specified inspection 
interval, in accordance with Section 2 of Volume III-94, dated 
November 1994, of the SID.
    (3) 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.)
    (4) 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 maintenance inspection program required by 
this AD should include a damage tolerance assessment for that PSE 
repair.
    (d) (1) 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 

[[Page 61652]]
compliance with this AD, if any, may be obtained from the Los Angeles 
ACO.

    (2) Alternative methods of compliance previously granted for AD 
93-17-09, amendment 39-8680, continue to be considered as acceptable 
alternative methods of compliance with this amendment.
    (e) 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.
    (f) The actions shall be done in accordance with 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; and McDonnell Douglas Report No. L26-012, ``DC-10 Supplemental 
Inspection Document (SID),'' Volume I, Revision 3, dated December 
1992, Volume II, Revision 3, dated December 1992, and Volume III-92, 
dated October 1992. The incorporation by reference of 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; which contains the following list of effective pages:

----------------------------------------------------------------------------------------------------------------
  Volume number referenced and                                          Revision level                          
              date                             Page No.                  shown on page      Date shown on page  
----------------------------------------------------------------------------------------------------------------
I--All Series, Revision 5,       List of Effective Pages A, B, C, D,  5.................  October 1994.         
 October 1994.                    E, and F.                                                                     
II--All Series, Revision 5,      List of Effective Pages A, B, C, D,  5.................  October 1994.         
 October 1994.                    E, F, G, H, J, K, L, M, N, O, and                                             
                                  P.                                                                            
III-94--All Series, Original     Entire Document....................  Original..........  November 1994.        
 November 1994.                                                                                                 
----------------------------------------------------------------------------------------------------------------

    The incorporation by reference of 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; is approved by the 
Director of the Federal Register in accordance with 5 U.S.C. 552(a) 
and 1 CFR part 51. The incorporation by reference of McDonnell 
Douglas Report No. L26-012, ``DC-10 Supplemental Inspection Document 
(SID),'' Volume I, Revision 3, dated December 1992, Volume II, 
Revision 3, dated December 1992, and Volume III-92, dated October 
1992, was approved previously by the Director of the Federal 
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51 as of 
November 24, 1993 (58 FR 54949, October 25, 1993). Copies may be 
obtained from McDonnell Douglas Corporation, P.O. Box 1771, Long 
Beach, California 90846-1771, Attention: Business Unit Manager, 
Contract Data Management C1-255 (35-22). Copies may be inspected 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; or at the Office of the Federal Register, 800 
North Capitol Street NW., suite 700, Washington, DC. -
    (g) This amendment becomes effective on January 2, 1996.

    Issued in Renton, Washington, on November 6, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 95-29328 Filed 11-30-95; 8:45 am]
BILLING CODE 4910-13-U