[Federal Register Volume 61, Number 250 (Friday, December 27, 1996)]
[Rules and Regulations]
[Pages 68132-68134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31608]


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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 96-NM-135-AD; Amendment 39-9857; AD 96-25-14]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model DC-10-10, -30, 
and -40 Series Airplanes, and KC-10 (Military) Series 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-10-10, -30, and -40 
series airplanes, and KC-10 (military) series airplanes, that requires 
repetitive high frequency eddy current (HFEC) inspections to detect 
cracks in the number 4 banjo fitting on the rear spar of the vertical 
stabilizer, and repair and modification of the vertical stabilizer, if 
necessary. It also requires the installation of a modification as 
terminating action for the repetitive inspections. This amendment is 
prompted by reports of failed attach

[[Page 68133]]

bolts and cracking found in the area of the number 4 banjo fitting, 
which were caused by higher than normal operating stresses. The actions 
specified by this AD are intended to prevent reduction in the 
structural integrity of this fitting due to failed bolts and cracking.

DATES: Effective January 31, 1997. The incorporation by reference of 
certain publications listed in the regulations is approved by the 
Director of the Federal Register as of January 31, 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, 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.

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-10-10, -30, and -40 series airplanes, and KC-10 (military) series 
airplanes was published in the Federal Register on August 29, 1996 (61 
FR 47375). That action proposed to require repetitive high frequency 
eddy current (HFEC) inspections to detect cracks in the number 4 banjo 
fitting on the rear spar of the vertical stabilizer, and repair and 
modification of the vertical stabilizer, if necessary. It also proposed 
to require the installation of a modification as 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.

Request To Allow Use of Additional Service Information

    Several commenters request that the proposal be revised to allow 
the terminating modification to be accomplished in accordance with 
earlier versions of McDonnell Douglas Service Bulletin DC10-54-096. 
Although the proposal only referenced Revision 03 of this service 
bulletin as the appropriate source of service information, these 
commenters contend that the modification as described in the original 
issue of the service bulletin (dated March 23, 1989), as well as 
Revision 01 (dated September 17, 1990) and Revision 02 (dated May 5, 
1995), is equivalent to that described in Revision 03. Since certain of 
these commenters have already installed the modification on their 
airplanes in accordance with the earlier revisions of the service 
bulletin, they want to ensure that they will receive credit for having 
complied with the proposed terminating action.
    The FAA concurs, and has included all of the revisions in final 
rule as acceptable sources of service information for compliance with 
the terminating modification requirements of the AD.

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 with the change previously 
described. The FAA has determined that this change will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Cost Impact

    There are approximately 376 Model DC-10-10, -30, and -40 series 
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.
    It will take approximately 2 work hours per airplane to accomplish 
each required inspection; the average labor rate is $60 per work hour. 
Based on these figures, the cost impact of the inspection requirement 
on U.S. operators is estimated to be $27,600, or $120 per airplane, per 
inspection.
    It will take approximately 34 hours to accomplish the terminating 
modification. Required parts will cost approximately $3,875 per 
airplane for ``Group 1'' airplanes, and approximately $3,427 per 
airplane for ``Group 2'' airplanes. Based on these figures, the cost 
impact of the modification requirement on U.S. operators is estimated 
to be $5,915 per Group 1 airplane and $5,467 per Group 2 airplane.
    The cost impact figures discussed above are 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. However, the FAA has been advised 
that some operators have already accomplished the terminating 
modification on airplanes in their fleets; therefore, the future cost 
impact of this AD is expected to be reduced by the amount associated 
with each previously modified airplane.

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:

    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:

    96-25-14 McDonnell Douglas: Amendment 39-9857. Docket 96-NM-135-
AD.


[[Page 68134]]


    Applicability: Model DC-10-10, -30, and -40 series airplanes, 
and KC-10 (military) series airplanes; as listed in McDonnell 
Douglas Service Bulletin DC10-54-096, Revision 03, dated February 6, 
1996; certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
otherwise 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 (c) 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 reduction in the structural integrity of the number 4 
banjo fitting on the rear spar of the vertical stabilizer, which 
could ultimately result in a reduction in the ability to control the 
airplane during flight and ground operations, accomplish the 
following:
    (a) Prior to the accumulation of 5,000 total landings, or within 
1,500 landings after the effective date of this AD, whichever occurs 
later, perform a high frequency eddy current (HFEC) inspection to 
detect cracks in the upper and lower surface of the aft flange of 
the number 4 banjo fitting on the rear spar of the vertical 
stabilizer, in accordance with McDonnell Douglas Service Bulletin 
DC10-54-096, Revision 03, dated February 6, 1996.
    (1) If no crack is found, repeat the HFEC inspection thereafter 
at intervals not to exceed 1,500 landings.
    (2) If any crack is found, prior to further flight, repair the 
crack and install the modification in accordance with the service 
bulletin.
    (b) Within 5 years after the effective date of this AD, modify 
the vertical stabilizer in the area of the number 4 banjo fitting on 
the rear spar, in accordance with any of the revisions of McDonnell 
Douglas Service Bulletin DC10-54-096 specified in TABLE 1 of this 
AD. Accomplishment of this modification constitutes terminating 
action for the repetitive HFEC inspections required by paragraph 
(a)(1) of this AD.

        Table 1.--McDonnell Douglas Service Bulletin DC10-54-096        
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              Revision level                         Issue date         
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(Original Issue)..........................  March 23, 1989.             
Revision 1................................  September 17, 1990.         
Revision 2................................  May 5, 1995.                
Revision 03...............................  February 6, 1996.           
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    (c) 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 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Los Angeles ACO.

    (d) 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.
    (e) The inspections shall be done in accordance with McDonnell 
Douglas Service Bulletin DC10-54-096, Revision 03, dated February 6, 
1996. The modification shall be done in accordance with any of the 
following versions of McDonnell Douglas Service Bulletin DC10-54-
096:

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              Revision level                         Issue date         
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(Original Issue)..........................  March 23, 1989.             
Revision 1................................  September 17, 1990.         
Revision 2................................  May 5, 1995.                
Revision 03...............................  February 6, 1996.           
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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, 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.
    (f) This amendment becomes effective on January 31, 1997.

    Issued in Renton, Washington, on December 6, 1996.
S. R. Miller,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-31608 Filed 12-26-96; 8:45 am]
BILLING CODE 4910-13-P