[Federal Register Volume 68, Number 233 (Thursday, December 4, 2003)]
[Rules and Regulations]
[Pages 67798-67801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30109]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-207-AD; Amendment 39-13379; AD 2003-24-10]
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: Final rule.

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SUMMARY: This amendment adopts a new 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), DC-10-40, DC-
10-40F, MD-10-10F, MD-10-30F, MD-11, and MD-11F airplanes, that 
requires 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: Effective January 8, 2004.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of January 8, 2004.

ADDRESSES: The service information referenced in this AD 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 Federal Aviation Administration (FAA), Transport 
Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton, 
Washington; or at the FAA, 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

[[Page 67799]]

Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, 
California 90712-4137; telephone (562) 627-5224; fax (562) 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, 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 was published in the Federal Register on September 4, 
2002 (67 FR 56503). That action proposed to 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.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

No Objection to the Proposed AD

    Two commenters have no objection to the technical content or 
compliance time of the proposed AD.

Request To Use High Frequency Eddy Current Inspection

    Certain commenters request that the proposed AD be revised to allow 
the use of a high frequency eddy current inspection, developed by 
Boeing, as an optional alternative to the dye penetrant inspection in 
paragraphs (a)(1) and (b) of the proposed AD. The commenters contend 
that the eddy current inspection is more convenient, less labor 
intensive, and yields better results.
    We do not agree with the request to allow the eddy current 
inspection as an optional alternative to the dye penetrant inspection 
in paragraphs (a)(1) and (b) of the AD. While we have determined that 
the eddy current inspection would allow operators to have flexibility 
in the inspection techniques without compromising safety, Boeing has 
not provided a copy of this inspection to the FAA for approval. 
However, under the provisions of paragraph (f) of the final rule, we 
may consider requests for approval of an alternative method of 
compliance if sufficient data are submitted to substantiate that such 
an eddy current inspection would provide an acceptable level of safety. 
No change to the final rule is necessary in this regard.

Request To Extend the Inspection Interval

    Certain commenters request an extension of the repetitive 
inspection interval in paragraph (b)(1) of the proposed AD from 5,200 
flight hours to 6,300 flight hours. The commenters contend that 6,300 
flight hours would better suit their maintenance schedules.
    We do not agree with the request to extend the repetitive 
inspection interval in paragraph (b)(1) of the AD to 6,300 flight 
hours. We have reviewed previous occurrences, considered the likelihood 
and severity of the unsafe condition, and determined that the proposed 
inspection threshold and repetitive intervals are appropriate. No 
change to the final rule is necessary in this regard.

Request To Allow Use of Certain Parts

    Certain commenters request that the proposed AD be revised to allow 
parts that are in operators' stock that meet the thickness requirements 
of paragraph (b) of the proposed AD to be installed and inspected in 
accordance with paragraph (b)(1) or (b)(2), as applicable. These 
commenters point out that the proposed AD allows parts that meet these 
requirements to be inspected indefinitely. Therefore, it would be an 
unnecessary cost to purge an operator's stock or not be able to replace 
cracked or unacceptable parts with these parts.
    The FAA agrees with the request. We have revised paragraph (e) of 
the AD so that the crack-free parts with the dimensions defined in 
paragraph (b) of the AD are acceptable for continued service provided 
that the repetitive inspections required by paragraph (b) of the AD are 
accomplished.

Editorial Changes

    In reviewing these comments, we noted that, while the service 
bulletin and the ``Differences'' section of the proposed AD both 
correctly state the proposed repetitive inspection interval in terms of 
flight hours, the proposed AD text erroneously states the interval in 
terms of flight cycles. We have corrected this error in the final rule. 
Since both the service bulletin and the preamble of the proposed AD 
used the correct term, and we did not indicate an intention to deviate 
from the service bulletin in this regard, we consider that the public 
has had a reasonable opportunity to comment on the compliance times for 
this 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 changes previously 
described. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Changes to 14 CFR Part 39/Effect on the 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. However, for clarity and consistency in this final rule, we 
have retained the language of the NPRM regarding that material.

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 594 airplanes of the affected design in the 
worldwide fleet. We estimate that 366 airplanes of U.S. registry will 
be affected by this AD, that it will take approximately 4 work hours 
per airplane to accomplish the inspection to determine wall thickness, 
and that the average labor rate is $65 per work hour. Based on these 
figures, the cost impact of the AD on U.S. operators is estimated to be 
$95,160, or $260 per airplane.
    Should an operator be required to accomplish the follow-on 
inspection to detect cracking, the inspection will take approximately 1 
work hour per airplane, at an average labor rate of $65 per work hour. 
Based on these figures, the cost impact of this inspection will be 
approximately $65 per airplane, per inspection cycle.
    Should an operator be required to accomplish the replacement of a 
rudder pedal arm assembly, the replacement will take approximately 4 
work hours per assembly, per airplane, at an average labor rate of $65 
per work hour. Parts will cost approximately $2,943 per assembly. Based 
on these figures, the cost impact of this replacement will be 
approximately $3,203 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

[[Page 67800]]

the 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.
    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 AD. Therefore, the future 
economic cost impact of this AD may be less than the cost impact figure 
indicated above.

Regulatory Impact

    The regulations adopted herein will 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 final rule does not have federalism 
implications under Executive Order 13132.
    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

0
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

0
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]

0
2. Section 39.13 is amended by adding the following new airworthiness 
directive:

2003-24-10 McDonnell Douglas: Amendment 39-13379. 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 Alert Service 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 
hours 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 hours 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

[[Page 67801]]

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 hours after the 
inspection in paragraph (a)(1) of this AD.
    (ii) For MD-11 and MD-11F airplanes: Replace within 4,200 flight 
hours 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 MD-11F 
airplanes); as applicable. Such replacement terminates any 
repetitive inspections required by this AD.

Parts Installation

    (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 unless the parts meet the dimensional and crack-
free requirements of paragraph (b) of this AD and the repetitive 
inspections required by that paragraph are accomplished.

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.

Incorporation by Reference

    (h) The actions shall be done in accordance with Boeing Alert 
Service Bulletin DC10-27A233, Revision 01, dated June 6, 2002; or 
Boeing Alert Service Bulletin MD11-27A080, Revision 01, June 6, 
2002; as applicable. 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 Boeing 
Commercial Aircraft Group, Long Beach Division, 3855 Lakewood 
Boulevard, Long Beach, California 90846, Attention: Data and Service 
Management, Dept. C1-L5A (D800-0024). 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, 3960 Paramount Boulevard, Lakewood, California; or at the 
Office of the Federal Register, 800 North Capitol Street, NW., suite 
700, Washington, DC.

Effective Date

    (i) This amendment becomes effective on January 8, 2004.

    Issued in Renton, Washington, on November 26, 2003.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-30109 Filed 12-3-03; 8:45 am]
BILLING CODE 4910-13-P