[Federal Register Volume 68, Number 51 (Monday, March 17, 2003)]
[Proposed Rules]
[Pages 12618-12620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-6258]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-358-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, and DC-10-40F Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Supplemental notice of proposed rulemaking; reopening of 
comment period.

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

SUMMARY: This document revises an earlier proposed airworthiness 
directive (AD), applicable to certain McDonnell Douglas airplanes, that 
would have required inspections of the linear variable differential 
transducers (LVDTs) of the autopilot for discrepancies, and follow-on 
actions, if necessary. This new action revises the proposed rule by 
expanding the applicability. The actions specified by this new proposed 
AD are intended to prevent failure of the LVDTs, which could result in 
an automatic pitch trim malfunction or an autopilot disconnect, and 
consequent reduced controllability of the airplane. This action is 
intended to address the identified unsafe condition.

DATES: Comments must be received by April 11, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-358-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-358-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 Airplane Group, P.O. Box 3707, Seattle, 
Washington 98124-2207. This information may be examined at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington.

FOR FURTHER INFORMATION CONTACT: 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.

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 No. 2001-NM-358-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-358-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

[[Page 12619]]

Discussion

    A proposal to amend part 39 of the Federal Aviation Regulations (14 
CFR part 39) to add an airworthiness directive (AD), 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), MD-10-10F, and MD-10-30F 
airplanes, was published as a notice of proposed rulemaking (NPRM) in 
the Federal Register on August 23, 2002 (67 FR 54593). That NPRM would 
have required inspections of the linear variable differential 
transducers (LVDTs) of the autopilot for discrepancies, and follow-on 
actions, if necessary. That NPRM was prompted by information received 
from the manufacturer that certain McDonnell Douglas airplanes having 
LVDTs were delivered with undersize nylok elements on the threaded 
extension end. That condition, if not corrected, could result in 
failure of the LVDTs and an automatic pitch trim malfunction or an 
autopilot disconnect, and consequent reduced controllability of the 
airplane.

Actions Since Issuance of Previous Proposal

    The applicability statement of the NPRM specified that it would 
apply 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), MD-10-10F, and MD-
10-30F airplanes; as listed in Boeing Alert Service Bulletin DC10-
22A126, dated October 31, 2001; and Boeing Alert Service Bulletin DC10-
22A127, dated December 17, 2001. We inadvertently omitted specifying 
Model DC-10-40 and DC-10-40F airplanes; however, those airplanes are 
listed in the specified service bulletins. In addition, it has been 
determined that Model MD-10-10F and MD-10-30F airplanes have a 
different design and are not affected by the NPRM. For the convenience 
of affected operators, the FAA has changed the applicability statement 
of this supplemental NPRM to reflect these changes.

Comments

    Due consideration has been given to the comments received in 
response to the NPRM:

Request To Change Paragraph (a)(1)

    One commenter asks that the language in paragraph (a)(1) of the 
NPRM which specifies, ``including replacing the LVDT with a new LVDT 
and doing an automatic pitch trim adjustment/test'' be changed. The 
commenter states that the manufacturer has repaired several LVDTs with 
the affected serial numbers and those LVDTs are being installed on the 
airplanes. The commenter suggests that the language state, ``including 
replacing the LVDT with a new LVDT, or LVDT with an affected serial 
number that was repaired after January 22, 2001, by the parts 
manufacturer; and doing an automatic pitch trim adjustment/test.''
    We do not agree with the commenter. There is no specific 
designation or modification level for identifying the correct nylok 
strip size to be installed on a repaired LVDT; only a label titled 
``Rework'' and the date are engraved on those units. All returned LVDT 
units are marked ``Rework'' after repair, regardless of the reason for 
repair, and returned to operators with the same serial number. We 
acknowledge that certain LVDT units have been repaired by the parts 
manufacturer by adding the correct nylok strip size. However, we do not 
have any data validating proper control and identification of the nylok 
strip size required for installation in an LVDT with an affected serial 
number. In light of these factors, we find that no change to the 
supplemental NPRM is necessary in this regard.
    The same commenter requests clarifying the text in paragraph (a)(1) 
of the NPRM which specifies, ``If no discrepancy is found, install a 
shield assembly per Condition 2 of the service bulletin.'' The 
commenter states that Condition 2 of the service bulletin specifies 
that no further action is needed if no discrepancy is found. The 
commenter believes that if no discrepancy is found, the existing shield 
on the LVDT would be reinstalled if removed during any inspection/
repair process. The commenter adds that the text in the NPRM implies 
installing something additional, which is not the case.
    We agree with the commenter and have clarified paragraph (a)(1) of 
this supplemental NPRM.

Request To Change Paragraph (b)

    The same commenter asks that paragraph (b) of the NPRM be changed 
to state, ``As of the effective date of this AD, no one may install a 
LVDT on any airplane autopitch trim system with a serial number listed 
in the `Affected Serial Numbers' table in Figure 1 of Boeing Alert 
Service Bulletin DC10-22A127, dated December 17, 2001; unless the LVDT 
serial number has been repaired by OEM Kavlico after January 22, 
2001.''
    We do not agree with the commenter. The intent of paragraph (b) of 
this supplemental NPRM is to prohibit any LVDT with a serial number 
listed in the ``Affected Serial Numbers'' table in Figure 1 of the 
service bulletin from being installed on any airplane after the 
effective date of this AD. No change to the supplemental NPRM is 
necessary in this regard.

Explanation of Editorial Change

    We have changed the service bulletin citations in this supplemental 
NPRM to exclude the Evaluation Forms. The forms are intended to be 
completed by operators and submitted to the manufacturer to provide 
input on the quality of the service bulletins; however, this AD does 
not include such a requirement.

Conclusion

    Since the change in applicability expands the scope of the 
originally proposed rule, we have determined that it is necessary to 
reopen the comment period to provide additional opportunity for public 
comment.

Cost Impact

    There are approximately 394 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 252 airplanes of U.S. registry 
would be affected by this proposed AD.
    It would take approximately 1 work hour per airplane to accomplish 
the inspection specified in Boeing Alert Service Bulletin DC10-22A126, 
at an average labor rate of $60 per work hour. Based on these figures, 
the cost impact of this proposed inspection on U.S. operators is 
estimated to be $15,120, or $60 per airplane.
    It would take approximately 1 work hour per airplane to accomplish 
the inspections specified in Boeing Alert Service Bulletin DC10-22A127, 
at an average labor rate of $60 per work hour. Based on these figures, 
the cost impact of these proposed inspections on U.S. operators is 
estimated to be $15,120, or $60 per airplane.
    Should an operator be required to perform the follow-on actions 
specified in Boeing Alert Service Bulletin DC10-22A126, the cost 
estimates are as follows:
    [sbull] Condition 2-Repair/inspect: 1 work hour per airplane at $60 
per work hour.
    [sbull] Condition 4-Realign: 1 work hour per airplane at $60 per 
work hour.
    [sbull] Condition 5-Replace LVDT: 1 work hour per airplane at $60 
per work hour; estimated parts cost of $900.
    [sbull] Condition 6-Replace hangar: 1 work hour per airplane at $60 
per work hour; estimated parts cost of $100.
    Should an operator be required to perform the follow-on actions 
specified in Boeing Alert Service Bulletin DC10-22A127, the cost 
estimates are as follows:
    [sbull] Option 1-Replace LVDT and do adjustment/test: 2 work hours 
per

[[Page 12620]]

airplane at $60 per work hour; estimated parts cost of $900.
    [sbull] Option 2-Install a heat shrinkable sleeve and inspect: 2 
work hours per airplane at $60 per work hour.
    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 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.

Regulatory Impact

    The regulations proposed herein would not have a substantial direct 
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-358-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, and DC-10-40F 
airplanes; as listed in Boeing Alert Service Bulletin DC10-22A126, 
dated October 31, 2001; and Boeing Alert Service Bulletin DC10-
22A127, dated December 17, 2001; 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 (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 failure of the linear variable differential 
transducers (LVDTs) of the autopilot, which could result in an 
automatic pitch trim malfunction or an autopilot disconnect, and 
consequent reduced controllability of the airplane, accomplish the 
following:

Detailed Inspections/Follow-On Actions

    (a) Within 90 days after the effective date of this AD: Do the 
detailed inspections of the LVDTs of the autopilot for discrepancies 
as required by paragraphs (a)(1) and (a)(2) of this AD.

    Note 2:
    For the purposes of this AD, a detailed inspection is defined 
as: ``An intensive visual examination of a specific structural area, 
system, installation, or assembly to detect damage, failure, or 
irregularity. Available lighting is normally supplemented with a 
direct source of good lighting at intensity deemed appropriate by 
the inspector. Inspection aids such as mirror, magnifying lenses, 
etc., may be used. Surface cleaning and elaborate access procedures 
may be required.''

    (1) Inspect the LVDTs for affected serial numbers (with 
undersize nylok elements) per Figure 1 of Boeing Alert Service 
Bulletin DC10-22A127, dated December 17, 2001, excluding Evaluation 
Form. If any affected serial number is found, before further flight, 
do either Option 1 (including replacing the LVDT with a new LVDT and 
doing an automatic pitch trim adjustment/test), or Option 2 
(including installing a heat-shrinkable sleeve over the LVDT jamnut 
and doing repetitive inspections for any loose jamnut every 500 
flight hours until the LVDT is replaced with a new LVDT), of 
Condition 1 of the service bulletin, per the service bulletin. If 
any discrepancy is found, before further flight, replace the LVDT 
with a new LVDT. If no discrepancy is found, no further action is 
required by this paragraph.
    (2) Inspect the shear rivets of the LVDTs of the drive assembly 
of the automatic pitch trim for discrepancies (shearing and/or 
looseness), per Boeing Alert Service Bulletin DC10-22A126, dated 
October 31, 2001, excluding Evaluation Form. If any discrepancy is 
found, before further flight, do Conditions 2 through 6 (including 
repairing the driver assembly and inspecting the LVDT within 9 
months after doing the repair; doing an automatic pitch trim 
adjustment/test; aligning the LVDT; replacing the existing LVDT with 
a new LVDT; and replacing the hangar assembly with a new assembly), 
as applicable, of the service bulletin, per the service bulletin. If 
no discrepancy is found, no further action is required by this 
paragraph.

Part Installation

    (b) As of the effective date of this AD, no one may install an 
LVDT with a serial number listed in the ``Affected Serial Numbers'' 
table in Figure 1 of Boeing Alert Service Bulletin DC10-22A127, 
dated December 17, 2001, excluding Evaluation Form, on any airplane.

Alternative Methods of Compliance

    (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. 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 3:
    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

    (d) Special flight permits may be issued in accordance with 
Sec. Sec.  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 March 11, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-6258 Filed 3-14-03; 8:45 am]
BILLING CODE 4910-13-U