[Federal Register Volume 67, Number 171 (Wednesday, September 4, 2002)]
[Proposed Rules]
[Pages 56503-56506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22434]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 67, No. 171 / Wednesday, September 4, 2002 / 
Proposed Rules  

[[Page 56503]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-207-AD]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model DC-10-10, DC-
10-10F, DC-10-15, DC-10-30, DC-10-30F, DC-10-30F (KC10A and KDC-10), 
DC-10-40, DC-10-40F, MD-10-10F, MD-10-30F, MD-11, and MD-11F Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain McDonnell Douglas Model 
DC-10-10, DC-10-10F, DC-10-15, DC-10-30, DC-10-30F, DC-10-30F (KC10A 
and KDC-10), DC-10-40, DC-10-40F, MD-10-10F, MD-10-30F, MD-11, and MD-
11F airplanes. This proposal would require a one-time inspection to 
determine the thickness of the walls of the rudder pedal arm assembly 
for the captain's and first officer's rudder pedals, and follow-on 
actions. This action is necessary to prevent failure of the rudder 
pedal arm assembly, which, under certain conditions, could result in 
reduced controllability of the airplane. This action is intended to 
address the identified unsafe condition.

DATES: Comments must be received by October 21, 2002.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-207-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. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2001-NM-207-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    The service information referenced in the proposed rule may be 
obtained from Boeing Commercial Aircraft Group, Long Beach Division, 
3855 Lakewood Boulevard, Long Beach, California 90846, Attention: Data 
and Service Management, Dept. C1-L5A (D800-0024). This information may 
be examined at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue, SW., Renton, Washington; or at the FAA, Los Angeles Aircraft 
Certification Office, 3960 Paramount Boulevard, Lakewood, California.

FOR FURTHER INFORMATION CONTACT: Technical Information: Ron Atmur, 
Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles 
Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, 
California 90712-4137; telephone (562) 627-5224; fax (562) 627-5210.
    Other Information: Judy Golder, Airworthiness Directive Technical 
Editor/Writer; telephone (425) 687-4241, fax (425) 227-1232. Questions 
or comments may also be sent via the Internet using the following 
address: [email protected]. Questions or comments sent via the 
Internet as attached electronic files must be formatted in Microsoft 
Word 97 for Windows or ASCII text.

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 action may be changed in 
light of the comments received.
    Submit comments using the following format:
    [sbull] Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
    [sbull] For each issue, state what specific change to the proposed 
AD is being requested.
    [sbull] Include justification (e.g., reasons or data) for each 
request.
    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 action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2001-NM-207-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-114, Attention: Rules 
Docket No. 2001-NM-207-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The FAA has received a report indicating that the rudder pedal arm 
assembly for the captain and first officer was found broken on a 
McDonnell Douglas Model MD-11 airplane. Investigation revealed that the 
thickness of the walls of the rudder pedal arm was below the minimum 
design specification. The same rudder pedal arm assemblies are also 
installed on certain McDonnell Douglas Model DC-10-10, DC-10-10F, DC-
10-15, DC-10-30, DC-10-30F, DC-10-30F (KC10A and KDC-10), DC-10-40, DC-
10-40F, MD-10-10F, MD-10-30F, and MD-11F airplanes. Therefore, all of 
these models may be subject to the same unsafe condition.
    Subsequent to the first report, we received several reports that, 
during inspections to determine the thickness of the walls of the 
rudder pedal

[[Page 56504]]

assemblies, the clevis of the rudder pedal arm was found cracked or 
broken. The cracking of the clevis has been attributed to fatigue.
    These conditions, if not corrected, could result in failure of the 
rudder pedal arm assembly. In the event of an engine failure while the 
airplane is in take-off configuration, such failure of the rudder pedal 
arm assembly could result in reduced controllability of the airplane.

Explanation of Relevant Service Information

    We have reviewed and approved Boeing Alert Service Bulletin DC10-
27A233, Revision 01, dated June 6, 2002 (for Model DC-10-10, DC-10-10F, 
DC-10-15, DC-10-30, DC-10-30F, DC-10-30F (KC10A and KDC-10), DC-10-40, 
DC-10-40F, MD-10-10F, MD-10-30F airplanes); and Boeing Alert Service 
Bulletin MD11-27A080, Revision 01, dated June 6, 2002 (for MD-11 and 
MD-11F airplanes). These service bulletins describe procedures for a 
one-time inspection to determine the thickness of the walls of the 
rudder pedal arm assembly for the captain's and first officer's rudder 
pedals, and these follow-on actions:
    [sbull] If the wall thickness is within the design specifications 
or operational limits specified in the applicable service bulletin: 
Performing a dye penetrant inspection for cracking of the clevis of the 
rudder pedal arm assembly.
    [sbull] If the wall thickness is within design specifications and 
no cracking is found (Condition 1): Performing repetitive dye penetrant 
inspections for cracking of the clevis of the rudder pedal assembly, or 
replacing the rudder pedal arm assembly with a new, improved assembly.
    [sbull] If the wall thickness is within operational limits and no 
cracking is found (Condition 2): Changing the part number of the rudder 
pedal arm assembly to identify the assembly as a ``temporary 
operation'' part, and eventually replacing of the ``temporary 
operation'' rudder pedal arm assembly with a new, improved rudder pedal 
arm assembly.
    [sbull] If the wall thickness is not within the limits in the 
service bulletin, or the clevis is cracked or broken (Condition 3 or 
4): Replacing the rudder pedal assembly with a new, improved rudder 
pedal assembly.
    Accomplishment of the actions specified in the applicable service 
bulletin is intended to adequately address the identified unsafe 
condition.

Explanation of Requirements of Proposed Rule

    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 require accomplishment of the actions specified in 
the applicable service bulletin described previously, except as 
discussed below in the ``Differences Between Service Bulletin and 
Proposed AD'' section of this proposed AD.
    Operators may note that the service bulletins described previously 
specify that, if the thickness of the walls of the rudder pedal arm 
assembly is within design specifications and no cracking of the clevis 
of the rudder pedal assembly is found (Condition 1), repetitive dye 
penetrant inspections for cracking of the clevis of the rudder pedal 
assembly may be accomplished in lieu of replacement of the rudder pedal 
arm assembly. We consider three criteria for situations in which 
repetitive inspections of a crack-prone area may be permitted to 
continue indefinitely, even though a positive fix to the problem 
exists: (1) The area is easily accessible, (2) the cracking is easily 
detectable, and (3) the consequences of the cracking are not likely to 
be catastrophic. In consideration of the cracking that may occur on the 
clevis of the rudder pedal assembly, we have determined that the 
circumstances warranting continual repetitive inspections meet these 
three criteria.

Differences Between Service Bulletin and Proposed AD

    While the Revision Transmittal Sheet for Revision 01 of Boeing 
Alert Service Bulletin MD11-27A080 specifies an interval of 5,200 
flight hours if repetitive inspections are necessary, this proposed AD 
would require such inspections, when necessary, to be done every 4,200 
flight hours for MD-11 and MD-11F airplanes, as specified under 
paragraph 1.E. ``Compliance'' in that service bulletin.
    Also, where paragraph 1.E. ``Compliance'' of Boeing Alert Service 
Bulletin MD11-27A080, Revision 01, specifies repetitive ``close 
visual'' inspections, this proposed AD would require repetitive dye 
penetrant inspections, as described in the Accomplishment Instructions 
of that service bulletin.
    We have identified these discrepancies in the service bulletin to 
the airplane manufacturer. If it becomes necessary in the future to 
revise the service bulletin, the airplane manufacturer will be able to 
correct these discrepancies at that time.

Cost Impact

    There are approximately 594 airplanes of the affected design in the 
worldwide fleet. We estimate that 366 airplanes of U.S. registry would 
be affected by this proposed AD, that it would take approximately 4 
work hours per airplane to accomplish the proposed inspection to 
determine wall thickness, and that the average labor rate is $60 per 
work hour. Based on these figures, the cost impact of the proposed AD 
on U.S. operators is estimated to be $87,840, or $240 per airplane.
    Should an operator be required to accomplish the follow-on 
inspection to detect cracking, the inspection would take approximately 
1 work hour per airplane, at an average labor rate of $60 per work 
hour. Based on these figures, the cost impact of this inspection would 
be approximately $60 per airplane, per inspection cycle.
    Should an operator be required to accomplish the replacement of a 
rudder pedal arm assembly, the replacement would take approximately 4 
work hours per assembly, per airplane, at an average labor rate of $60 
per work hour. Parts would cost approximately $2,943 per assembly. 
Based on these figures, the cost impact of this replacement would be 
approximately $3,148 per rudder pedal arm assembly, per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the proposed requirements 
of this AD action, and that no operator would accomplish those actions 
in the future if this proposed AD were not adopted. The cost impact 
figures discussed in AD rulemaking actions represent only the time 
necessary to perform the specific actions actually required by the AD. 
These figures typically do not include incidental costs, such as the 
time required to gain access and close up, planning time, or time 
necessitated by other administrative actions.
    For Model MD-11 and -11F airplanes within the period under the 
warranty agreement, we have been advised that the manufacturer has 
committed previously to its customers that it will bear the cost of 
replacement parts. We have also been advised that manufacturer warranty 
remedies may be available for labor costs associated with accomplishing 
the actions that would be required by this proposed AD. Therefore, the 
future economic cost impact of this AD may be less than the cost impact 
figure indicated above.

Regulatory Impact

    The regulations proposed herein would not have a substantial direct

[[Page 56505]]

effect 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, it 
is determined that this proposal would not have federalism implications 
under Executive Order 13132.
    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. 106(g), 40113, 44701.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

McDonnell Douglas: Docket 2001-NM-207-AD.
    Applicability: Model DC-10-10, DC-10-10F, DC-10-15, DC-10-30, 
DC-10-30F, DC-10-30F (KC10A and KDC-10), DC-10-40, DC-10-40F, MD-10-
10F, and MD-10-30F airplanes; as listed in Boeing Alert Service 
Bulletin DC10-27A233, Revision 01, dated June 6, 2002; and Model MD-
11 and MD-11F airplanes; as listed in Boeing Alert Service Bulletin 
MD11-27A080, Revision 01, June 6, 2002; 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 (f) 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 failure of the rudder pedal arm assembly, which, 
under certain conditions, could result in reduced controllability of 
the airplane, accomplish the following:

One-Time Ultrasonic Inspection

    (a) Within 6 months after the effective date of this AD, perform 
a one-time ultrasonic inspection to determine the thickness of the 
walls of the rudder pedal arm assembly for both the captain's and 
first officer's rudder pedals, per the Accomplishment Instructions 
of Boeing Alert Service Bulletin DC10-27A233, Revision 01, dated 
June 6, 2002 (for Model DC-10-10, DC-10-10F, DC-10-15, DC-10-30, DC-
10-30F, DC-10-30F (KC10A and KDC-10), DC-10-40, DC-10-40F, MD-10-
10F, and MD-10-30F airplanes); or Boeing AlertService Bulletin MD11-
27A080, Revision 01, June 6, 2002 (for MD-11 and MD-11F airplanes); 
as applicable.
    (1) If the wall thickness is within the design specifications or 
operational limits specified in the Accomplishment Instructions and 
Figure 1 of the applicable service bulletin: Before further flight, 
perform a dye penetrant inspection for cracking of the clevis of the 
rudder pedal arm assembly, per the Accomplishment Instructions of 
the service bulletin. If no cracking is found, do paragraph (b) or 
(c) of this AD, as applicable.
    (2) If the wall thickness is outside the limits specified in the 
applicable service bulletin: Do paragraph (d) of this AD.

Condition 1: Wall Thickness Within Design Specifications; No Cracking

    (b) During the inspections required by paragraphs (a) and (a)(1) 
of this AD, if the wall thickness of the rudder pedal assembly is 
within the DESIGN SPECIFICATIONS as specified in the Accomplishment 
Instructions and Figure 1 of the applicable service bulletin, AND no 
cracking of the clevis is found: Repeat the dye penetrant inspection 
specified in paragraph (a)(1) of this AD to find cracking of the 
clevis of the rudder pedal assembly at the applicable intervals 
specified in paragraph (b)(1) or (b)(2) of this AD; per the 
Accomplishment Instructions of Boeing Alert Service Bulletin DC10-
27A233, Revision 01, dated June 6, 2002 (for Model DC-10-10, DC-10-
10F, DC-10-15, DC-10-30, DC-10-30F, DC-10-30F (KC10A and KDC-10), 
DC-10-40, DC-10-40F, MD-10-10F, and MD-10-30F airplanes); or Boeing 
Alert Service Bulletin MD11-27A080, Revision 01, June 6, 2002 (for 
MD-11 and MD-11F airplanes); as applicable. Replacement of the 
rudder pedal arm assembly with a new, improved assembly per the 
Accomplishment Instructions of the applicable service bulletin 
terminates the repetitive inspections.
    (1) For Model DC-10-10, DC-10-10F, DC-10-15, DC-10-30, DC-10-
30F, DC-10-30F (KC10A and KDC-10), DC-10-40, DC-10-40F, MD-10-10F, 
and MD-10-30F airplanes: Repeat the inspection every 5,200 flight 
cycles until the rudder pedal arm assembly is replaced with a new, 
improved assembly per the Accomplishment Instructions of the 
applicable service bulletin.
    (2) For MD-11 and MD-11F airplanes: Repeat the inspection every 
4,200 flight cycles until the rudder pedal arm assembly is replaced 
with a new, improved assembly per the Accomplishment Instructions of 
the applicable service bulletin.

Condition 2: Wall Thickness Within Operational Limits; No Cracking

    (c) During the inspections required by paragraphs (a) and (a)(1) 
of this AD, if the wall thickness of the rudder pedal arm assembly 
is within the OPERATIONAL LIMITS specified in the Accomplishment 
Instructions and Figure 1 of the applicable service bulletin, AND no 
cracking of the clevis is found: Do paragraphs (c)(1) AND (c)(2) of 
this AD per the Accomplishment Instructions of Boeing Alert Service 
Bulletin DC10-27A233, Revision 01, dated June 6, 2002 (for Model DC-
10-10, DC-10-10F, DC-10-15, DC-10-30, DC-10-30F, DC-10-30F (KC10A 
and KDC-10), DC-10-40, DC-10-40F, MD-10-10F, and MD-10-30F 
airplanes); or Boeing Alert Service Bulletin MD11-27A080, Revision 
01, June 6, 2002 (for MD-11 and MD-11F airplanes); as applicable.
    (1) Condition 2, Phase 1: Before further flight, change the part 
number of the rudder pedal arm assembly to identify the assembly as 
a ``temporary operation'' part.
    (2) Condition 2, Phase 2: At the applicable time specified in 
paragraph (c)(2)(i) or (c)(2)(ii) of this AD, replace the 
``temporary operation'' rudder pedal arm assembly with a new, 
improved rudder pedal arm assembly.
    (i) For Model DC-10-10, DC-10-10F, DC-10-15, DC-10-30, DC-10-
30F, DC-10-30F (KC10A and KDC-10), DC-10-40, DC-10-40F, MD-10-10F, 
and MD-10-30F airplanes: Replace within 5,200 flight cycles after 
the inspection in paragraph (a)(1) of this AD.
    (ii) For MD-11 and MD-11F airplanes: Replace within 4,200 flight 
cycles after the inspection in paragraph (a)(1) of this AD.

Conditions 3 and 4: Wall Thickness Not Within Limits; Clevis Cracked or 
Broken

    (d) During the inspection per paragraph (a) of this AD, if the 
wall thickness of the rudder pedal arm assembly is not within the 
design specifications or the acceptable operational limits specified 
in the applicable service bulletin; OR during any inspection per 
paragraph (a)(1) or (b) of this AD, if the clevis of the rudder 
pedal assembly is cracked or broken: Before further flight, replace 
the rudder pedal assembly with a new, improved rudder pedal assembly 
per Condition 3 or 4, as applicable, of the Accomplishment 
Instructions of Boeing Alert Service Bulletin DC10-27A233, Revision 
01, dated June 6, 2002 (for Model DC-10-10, DC-10-10F, DC-10-15, DC-
10-30, DC-10-30F, DC-10-30F (KC10A and KDC-10), DC-10-40, DC-10-40F, 
MD-10-10F, MD-10-30F airplanes); or Boeing Alert Service Bulletin 
MD11-27A080, Revision 01, June 6, 2002 (for MD-11 and

[[Page 56506]]

MD-11F airplanes); as applicable. Such replacement terminates any 
repetitive inspections required by this AD.

Spares

    (e) As of the effective date of this AD, no person shall install 
a rudder pedal arm assembly having part number ABH7239-1 or ABH7239-
2 on any airplane.

Alternative Methods of Compliance

    (f) 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. 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.

Special Flight Permits

    (g) 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.

    Issued in Renton, Washington, on August 27, 2002.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-22434 Filed 9-3-02; 8:45 am]
BILLING CODE 4910-13-P