[Federal Register Volume 68, Number 189 (Tuesday, September 30, 2003)]
[Proposed Rules]
[Pages 56216-56219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-24680]


 ========================================================================
 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.
 
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 

  Federal Register / Vol. 68, No. 189 / Tuesday, September 30, 2003 / 
Proposed Rules  

[[Page 56216]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-43-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 (KC-10A-and KDC-10), 
DC-10-40, DC-10-40F, MD-10-10F, and MD-10-30F Airplanes; and Model 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 
transport category airplanes. For certain airplanes, this proposal 
would require a general visual inspection to detect cracking in the 
nuts on the lower attach bolt assemblies of the forward attach bracket 
of the inboard flap outboard hinge, replacement of both upper and lower 
attach bolt assemblies with new bolts and nuts made from Inconel 
material, and replacement of certain preload-indicating (PLI) washers 
with new washers. For certain other airplanes, this proposal would 
require replacement of the lower attach bolt assemblies of the inboard 
forward attach bracket of the inboard flap outboard hinge with new 
bolts and nuts made from Inconel material, and replacement of PLI 
washers with new washers. These actions are necessary to prevent 
separation of the inboard flap outboard hinge from the wing structure 
and consequent reduced controllability of the airplane. This action is 
intended to address the identified unsafe condition.

DATES: Comments must be received by November 14, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2003-NM-43-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. 2003-NM-43-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 or 2000 or 
ASCII text.
    The service information referenced in the proposed rule may be 
obtained from the 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: Ronald 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 Number 2003-NM-43-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. 2003-NM-43-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The FAA received a report of an incident in June 2002, involving a 
McDonnell Douglas Model MD-11 airplane on which the left-hand inboard 
flap outboard hinge pulled away from the wing structure where a bracket 
attaches it with two upper and two lower bolts. Preliminary 
investigation indicated that the two lower attach bolt assemblies 
likely failed first. When the bracket separated, it caused an 
asymmetrical condition for the inboard flaps, additional structural 
damage to the wing, and loss of one hydraulic system. The flightcrew 
applied full right-hand aileron to level the wings, and during 
emergency landing, the tail of the airplane scraped the runway. The 
affected airplane had accumulated 37,439 flight-hours and 9,241 
landings.
    Following the incident reported above, on July 10, 2002, we issued 
AD 2002-14-03, amendment 39-12803 (67 FR 47254, July 18, 2002), which 
required, for certain MD-11 and MD-

[[Page 56217]]

11F airplanes, a one-time inspection to detect loose PLI washers or 
cracked or corroded nuts of the lower bolts of the inboard flap 
outboard hinge, and replacement with new parts if necessary. As a 
result of the reporting requirements in AD 2002-14-03, it was 
determined that the failure in the affected bolts was due to stress 
corrosion. This condition, if not corrected, could result in separation 
of the inboard flap outboard hinge from the wing structure and 
consequent reduced controllability of the airplane.
    The preamble to AD 2002-14-03, indicated that we consider the 
requirements ``interim action,'' and that we were considering further 
rulemaking. We have now determined that further rulemaking is indeed 
necessary, and this proposed AD follows from that determination.

Similar Models

    The subject area on certain McDonnell Douglas Model DC-10-10, DC-
10-10F, DC-10-15, DC-10-30, DC-10-30F, DC-10-30F (KC-10A- and KDC-10), 
DC-10-40, DC-10-40F, MD-10-10F, and MD-10-30F airplanes is almost 
identical to that on the affected Model MD-11 and MD-11F airplanes. 
Therefore, all of these models may be subject to the same unsafe 
condition.

Explanation of Relevant Service Information

    The FAA has reviewed and approved Boeing Alert Service Bulletin 
DC10-57A149, including Appendices A and B, dated January 7, 2003, which 
describes procedures for performing a general visual inspection of 
lower attach bolt assembly nuts on the forward attach bracket of the 
inboard flap outboard hinge to detect cracking in the nuts. This 
service bulletin also describes procedures for replacing the upper and 
lower attach bolt assemblies with new bolts and nuts made from Inconel 
material, and for replacing certain PLI washers with new PLI washers.
    The FAA has also reviewed and approved Boeing Alert Service 
Bulletin MD11-57A068, including Appendix A, dated January 7, 2003, 
which describes procedures for replacing the lower attach bolt 
assemblies on the forward attach bracket of the inboard flap outboard 
hinge with new bolts and nuts made from Inconel material and replacing 
the PLI washers with new PLI washers.
    If the steel attach bolts assemblies were replaced previously with 
new Inconel material bolt assemblies, no further action is specified in 
the service bulletin. Accomplishment of the actions specified in the 
service bulletins 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 service bulletins described previously. Although the Accomplishment 
Instructions in Boeing Alert Service Bulletin DC10-57A149, dated 
January 7, 2003, which is referenced in this proposed AD, specifies to 
submit information and discrepant parts to the manufacturer, this 
proposed AD does not include such a requirement.

Changes to 14 CFR part 39/Effect on the Proposed AD

    On July 10, 2002, the FAA issued a new version of 14 CFR part 39 
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness 
directives system. The regulation now includes material that relates to 
altered products, special flight permits, and alternative methods of 
compliance (AMOCs). Because we have now included this material in part 
39, only the office authorized to approve AMOCs is identified in each 
individual AD.

Change to Labor Rate Estimate

    We have reviewed the figures we have used over the past several 
years to calculate AD costs to operators. To account for various 
inflationary costs in the airline industry, we find it necessary to 
increase the labor rate used in these calculations from $60 per work 
hour to $65 per work hour. The cost impact information, below, reflects 
this increase in the specified hourly labor rate.

Cost Impact

    There are approximately 394 Model DC-10 and Model MD-10 airplanes, 
and approximately 192 Model MD-11 and -11F airplanes of the affected 
design in the worldwide fleet. The FAA estimates that 252 DC-10 and 
Model MD-10 airplanes and 76 Model MD-11 and -11F airplanes of U.S. 
registry would be affected by this proposed AD, and that the average 
labor rate is $65 per hour.
    The following table shows the estimated cost impact for airplanes 
affected by this proposed AD:

                                           Table--Cost Impact Estimate
----------------------------------------------------------------------------------------------------------------
                                                                  Labor cost per  Parts cost per
                      Model                         Work hours       airplane        airplane       Fleet cost
----------------------------------------------------------------------------------------------------------------
DC-10 and MD-10 airplanes.......................              25          $1,625          $4,139      $1,452,528
MD-11 and -11F airplanes........................              13             845           2,041         219,336
----------------------------------------------------------------------------------------------------------------

    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.

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.

[[Page 56218]]

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 2003-NM-43-AD.

    Applicability: Model DC-10-10, DC-10-10F, DC-10-15, DC-10-30, 
DC-10-30F, DC-10-30F (KC-10A- and KDC-10), DC-10-40, DC-10-40F, MD-
10-10F, and MD-10-30F airplanes as listed in Boeing Alert Service 
Bulletin DC10-57A149, dated January 7, 2003; and Model MD-11 and MD-
11F airplanes, as listed in Boeing Alert Service Bulletin MD11-
57A068, dated January 7, 2003; certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent separation of the inboard flap outboard hinge from 
the wing structure and consequent reduced controllability of the 
airplane, accomplish the following:

Replacements Accomplished Per Previous Service Bulletins

    (a) Replacements of steel bolts and nuts with Inconel bolts and 
nuts accomplished before the effective date of this AD per Boeing 
Service Bulletin DC10-57-116, Revision 01, dated November 25, 1996; 
Boeing Service Bulletin DC10-57-116, Revision 02, dated December 22, 
1998; Boeing Service Bulletin DC10-57-116, Revision 03, dated May 
12, 1999; and per Condition 1, Group 1 or 2, Option 1 of Boeing 
Alert Service Bulletin MD11-57A067, including Appendices A and B, 
dated July 10, 2002; are considered acceptable for compliance with 
the corresponding action specified in this AD.

General Visual Inspection, Model DC-10 and MD-10 Airplanes

    (b) Within six months after the effective date of this AD, for 
all affected Model DC-10 and MD-10 airplanes, remove the 
encapsulating sealant from the nut side only of both assemblies and 
do a general visual inspection of the inboard flap, outboard hinge, 
forward attach bracket, lower attach bolt assembly nuts to detect 
cracking in the nuts, in accordance with the Accomplishment 
Instructions in Boeing Alert Service Bulletin DC10-57A149, dated 
January 7, 2003.

    Note 1: For the purposes of this AD, a general visual inspection 
is defined as: ``A visual examination of an interior or exterior 
area, installation, or assembly to detect obvious damage, failure, 
or irregularity. This level of inspection is made from within 
touching distance unless otherwise specified. A mirror may be 
necessary to enhance visual access to all exposed surfaces in the 
inspection area. This level of inspection is made under normally 
available lighting conditions such as daylight, hangar lighting, 
flashlight, or droplight and may require removal or opening of 
access panels or doors. Stands, ladders, or platforms may be 
required to gain proximity to the area being checked.''

Replacement, Model DC-10 and MD-10 Airplanes

    (c) Following the general visual inspection described in 
paragraph (b) of this AD, for all affected Model DC-10 and MD-10 
airplanes, accomplish the applicable action(s) described in Table 1 
of this AD at the specified times, per the Accomplishment 
Instructions in Boeing Alert Service Bulletin DC10-57A149, dated 
January 7, 2003. Although the Accomplishment Instructions specify to 
submit certain information and discrepant parts to the manufacturer, 
this AD does not include such a requirement.

  Table 1.--Inspection and Replacement, Model DC-10 and MD-10 Airplanes
------------------------------------------------------------------------
          Condition                      Actions to accomplish
------------------------------------------------------------------------
(1) Cracks in either nut.....  (i) Option 1 (Preferred): Prior to
                                further flight, replace both upper and
                                lower attach bolt assemblies with new
                                bolts and nuts made from Inconel
                                material.
                               (ii) Option 2: Prior to further flight,
                                replace both lower attach bolt
                                assemblies with new bolts and nuts made
                                from Inconel material, and replace the
                                preload-indicating (PLI) washers with
                                new washers. Within 24 months after the
                                effective date of this AD, replace both
                                upper attach bolt assemblies with new
                                bolts and nuts made from Inconel
                                material, and replace the preload-
                                indicating (PLI) washers with new
                                washers.
(2) No cracks in nuts........  Within 24 months after the effective date
                                of this AD, replace both upper and lower
                                attach bolt assemblies with bolts and
                                nuts made from Inconel material, and
                                replace the PLI washers with new
                                washers, as applicable.
------------------------------------------------------------------------

Replacement, Model MD-11 and -11F Airplanes

    (d) Replace the inboard flap, outboard hinge, forward attach 
bracket, lower attach bolt assemblies of the affect Model MD-11 and 
MD-11F airplanes with new bolts and nuts made from Inconel material 
and replace the PLI washers with new PLI washers within the 
compliance time for the applicable condition described in Table 2 of 
this AD. Accomplish all replacements per the Accomplishment 
Instructions in Boeing Alert Service Bulletin MD11-57A068, dated 
January 7, 2003.

 Table 2.--Condition and Compliance Time, Model MD-11 and -11F Airplanes
------------------------------------------------------------------------
                    Condition                         Compliance time
------------------------------------------------------------------------
MD-11 and MD-11F airplanes that have not          Within 18 months after
 replaced steel bolts and nuts with new like       the effective date of
 parts or Inconel bolts per group 1 or 2, option   this AD.
 1 or 2 of Boeing Alert Service Bulletin MD11-
 57A067, including Appendices A and B, dated
 July 10, 2002.
MD-11 and MD-11F airplanes that have replaced     Within 36 months after
 steel bolts and nuts with new steel bolts and     the effective date of
 steel nuts per group 1 or 2, option 2, table 2,   this AD.
 note 7 of Boeing Alert Service Bulletin MD11-
 57A067, including Appendices A and B, dated
 July 10, 2002.
MD-11 and MD-11F airplanes that have replaced     Within 60 months after
 steel bolts and nuts with new steel bolts and     the date of this
 new Inconel nuts per Group 1 or 2, Option 2 of    effective AD.
 Boeing Alert Service Bulletin MD11-57A067,
 including Appendices A and B, dated July 10,
 2002.
------------------------------------------------------------------------


[[Page 56219]]

Alternative Methods of Compliance

    (e) In accordance with 14 CFR 39.19, the Manager, Los Angeles 
Aircraft Certification Office (ACO), FAA, is authorized to approve 
alternative methods of compliance (AMOCs) for this AD.

    Issued in Renton, Washington, on September 24, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-24680 Filed 9-29-03; 8:45 am]
BILLING CODE 4910-13-P