[Federal Register Volume 61, Number 245 (Thursday, December 19, 1996)]
[Rules and Regulations]
[Pages 66880-66881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30568]



[[Page 66880]]

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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 95-NM-199-AD; Amendment 39-9839; AD 96-24-15]
RIN 2120-AA64


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 adopts a new airworthiness directive (AD), 
applicable to certain McDonnell Douglas Model DC-10 series airplanes, 
and KC-10A (military) series airplanes, that requires high frequency 
eddy current inspections to detect cracks in the secondary pivot 
support of the horizontal stabilizer, and various follow-on actions, if 
necessary. This amendment is prompted by reports of crack development 
in the secondary pivot support of the horizontal stabilizer due to 
fatigue. The actions specified by this AD are intended to prevent such 
fatigue cracking, which could result in reduced structural integrity of 
the horizontal stabilizer and, consequently, lead to reduced 
controllability of the airplane.

DATES: Effective January 21, 1997. The incorporation by reference of 
certain publications listed in the regulations is approved by the 
Director of the Federal Register as of January 21, 1997.

ADDRESSES: The service information referenced in this AD may be 
obtained from McDonnell Douglas Corporation, 3855 Lakewood Boulevard, 
Long Beach, California 90846, Attention: Technical Publications 
Business Administration, Department C1-L51 (2-60). 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: Ron Atmur, Aerospace Engineer, 
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification 
Office, 3960 Paramount Boulevard, Lakewood, California 90712; telephone 
(310) 627-5224; fax (310) 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 series airplanes, and KC-10A (military) airplanes was published 
as a supplemental notice of proposed rulemaking (NPRM) in the Federal 
Register on March 22, 1996 (61 FR 11789). That action proposed to 
require high frequency eddy current inspections to detect cracks in the 
secondary pivot support of the horizontal stabilizer. That action also 
proposed to require repair of the cracked area and follow-on actions; 
or replacement of the cracked secondary pivot support of the horizontal 
stabilizer with a new secondary pivot support, which would constitute 
terminating action for the repetitive inspections.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Support for the Proposal

    One commenter supports the proposal.

Request that Credit Be Given for Previous Inspections

    One commenter states that the proposed inspections already have 
been accomplished on a number of affected airplanes. Because of this, 
the commenter requests that the proposed rule be revised to specify 
that those operators will be given credit for having previously 
accomplished what the proposed rule would require.
    The FAA does not consider that a change to the final rule is 
necessary. Operators are always given credit for work previously 
performed by means of the phrase in the Compliance section of the AD 
that states, ``Required as indicated, unless accomplished previously.'' 
Therefore, in the case of this AD, if the initial inspection has been 
accomplished prior to the effective date of the AD, this AD does not 
require that it be repeated. However, the AD does require that 
repetitive inspections be conducted thereafter at intervals not to 
exceed 10,000 landings [(if no cracking is detected, as specified in 
paragraph (b)(1)], and that the other follow-on actions be accomplished 
when indicated.

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 as proposed.

Cost Impact

    There are approximately 376 McDonnell Douglas Model DC-10 series 
airplanes and KC-10A (military) airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 230 airplanes of U.S. registry 
will be affected by this AD, that it will take approximately 5 work 
hours per airplane to accomplish the required actions, and that the 
average labor rate is $60 per work hour. Based on these figures, the 
cost impact of the AD on U.S. operators is estimated to be $69,000, or 
$300 per airplane, per inspection cycle.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the requirements of this AD 
action, and that no operator would accomplish those actions in the 
future if this AD were not adopted.

Regulatory Impact

    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:


[[Page 66881]]


    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:

96-24-15 McDONNELL DOUGLAS: Amendment 39-9839. Docket 95-NM-199-AD.

    Applicability: Model DC-10-10, -15, -30, and -40 series 
airplanes, and KC-10A (military) airplanes; as listed in McDonnell 
Douglas DC-10 Service Bulletin 53-167, Revision 1, dated February 
15, 1995; 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 (d) 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 fatigue cracking in the secondary pivot support of 
the horizontal stabilizer, which could result in reduced structural 
integrity of the horizontal stabilizer and, consequently, lead to 
reduced controllability of the airplane, accomplish the following:
    (a) Prior to the accumulation of 10,000 total landings, or 
within 3,000 landings after the effective date of this AD, whichever 
occurs later, perform a high frequency eddy current (HFEC) 
inspection to detect cracks in the secondary pivot support of the 
horizontal stabilizer, in accordance with McDonnell Douglas DC-10 
Service Bulletin 53-167, Revision 1, dated February 15, 1995.
    (b) If no cracks are detected during the HFEC inspection 
required by paragraph (a) of this AD, accomplish paragraph (b)(1) of 
this AD until paragraph (b)(2) of this AD is accomplished.
    (1) Repeat the HFEC inspection thereafter at intervals not to 
exceed 10,000 landings.
    (2) Accomplishment of the preventative modification in 
accordance with Condition I (no cracks), Option 2, of the service 
bulletin constitutes terminating action for the repetitive 
inspection requirements of paragraph (b)(1) of this AD.
    (c) If any crack is detected during the HFEC inspection required 
by paragraph (a) or (b) of this AD, prior to further flight, 
accomplish either paragraph (c)(1) or (c)(2) of this AD.
    (1) Repair the crack in accordance with Paragraph (1) of 
Condition II (cracks), Option 1 (temporary repair), of the 
Accomplishment Instructions of the service bulletin. Within 300 
landings after accomplishing that repair, perform a visual 
inspection to detect cracks at the area of the repair, in accordance 
with the service bulletin. Repeat the visual inspection thereafter 
at intervals not to exceed 300 landings.
    (i) If any crack is detected during the visual inspection 
required by paragraph (c)(1) of this AD, prior to further flight, 
repair it in accordance with a method approved by the Manager, Los 
Angeles Aircraft Certification Office (ACO), FAA, Transport Airplane 
Directorate.
    (ii) Prior to 2,800 landings after accomplishing the HFEC 
inspection required by paragraph (a) of this AD, replace the 
secondary pivot support of the horizontal stabilizer with a new 
secondary pivot support, in accordance with Condition II (cracks), 
Option 2, of the service bulletin. Accomplishment of this 
replacement constitutes terminating action for the repetitive HFEC 
and visual inspection requirements of this AD.
    (2) Replace the secondary pivot support of the horizontal 
stabilizer with a new secondary pivot support, in accordance with 
Condition II (cracks), Option 2 (permanent repair), of the service 
bulletin. Accomplishment of this replacement constitutes terminating 
action for the repetitive HFEC and visual inspection requirements of 
this AD.
    (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 Angeles ACO.

    (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 inspections, certain repairs, and replacement shall be 
done in accordance with McDonnell Douglas DC-10 Service Bulletin 53-
167, Revision 1, dated February 15, 1995 . 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 McDonnell Douglas Corporation, 3855 Lakewood 
Boulevard, Long Beach, California 90846, Attention: Technical 
Publications Business Administration, Department C1-L51 (2-60). 
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, 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.
    (g) This amendment becomes effective on January 27, 1997.

    Issued in Renton, Washington, on November 22, 1996.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-30568 Filed 12-18-96; 8:45 am]
BILLING CODE 4910-13-P