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[Federal Register Volume 60, Number 98 (Monday, May 22, 1995)]
[Rules and Regulations]
[Pages 27018-27020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12445]

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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 94-NM-150-AD; Amendment 39-9236; AD 95-11-02]

Airworthiness Directives; McDonnell Douglas Model DC-10 and Model 
MD-11 Series Airplanes and Model KC-10A (Military) Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment supersedes an existing airworthiness directive 
(AD), applicable to all McDonnell Douglas Model DC-10 series airplanes 
and Model KC-10A (military) airplanes and certain Model MD-11 series 
airplanes, that currently requires inspections to detect defects in the 
upper and lower lock links on the nose landing gear (NLG), and rework 
or replacement of any defective link with a serviceable link. The 
actions specified by that AD are intended to prevent collapse of the 
NLG. This amendment requires accomplishment of a certain inspection 
that constitutes terminating action for the currently required 
inspections.

DATES: Effective June 21, 1995. The incorporation by reference of 
McDonnell Douglas DC-10 Alert Service Bulletin A32-238, dated July 15, 
1994, and McDonnell Douglas MC-11 Alert Service Bulletin A32-47, dated 
July 15, 1994, listed in the regulations was approved previously by the 
Director of the Federal Register as of September 15, 1994 (59 FR 44900, 
August 31, 1994).

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: For Model DC-10 series airplanes and 
Model KC-10A (military) airplanes: Maureen Moreland, Aerospace 
Engineer, Airframe Branch, ANM-120L, FAA, Transport Airplane 
Directorate, Los Angeles Aircraft Certification Office, 3960 Paramount 
Boulevard, Lakewood, California 90712; telephone (310) 627-5238; fax 
(310) 627-5210.

    For Model MD-11 series airplanes: Wahib Mina, Aerospace Engineer, 
Airframe Branch, ANM-120L, FAA, Transport Airplane Directorate, Los 
Angeles Aircraft Certification Office, 3960 Paramount Boulevard, 
Lakewood, California 90712; telephone (310) 627-5324; fax (310) 627-
5210.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) by superseding AD 94-18-07, 
amendment 39-9020 (59 FR 44900, August 31, 1994), which is applicable 
to all McDonnell Douglas Model DC-10 series airplanes and Model KC-10A 
(military) airplanes and certain Model MD-11 series airplanes, was 
published in the Federal Register on December 8, 1994 (59 FR 63278). 
The action proposed to continue to require inspections to determine the 
serial numbers and to detect defects in the upper and lower lock links 
on the nose landing gear (NLG), and rework of any defective lock link, 
or replacement of any defective lock link with a serviceable lock link. 
The action also proposed to require an off-aircraft fluorescent 
penetrant inspection to detect defects in the upper and lower lock 
links on the NLG, and rework or replacement of any defective link.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.
    One commenter supports the proposed rule.
    The Air Transport Association (ATA) of America supports the 
proposed rule. However, on behalf of its members, the ATA requests that 
AD 94-18-07 be revised, rather than superseded, to reduce the 
administrative time required to incorporate the AD into maintenance 
records and to avoid unnecessarily complicated recordkeeping. The FAA 
does not concur. The FAA's current policy is that, whenever a 
``substantive change'' is made to an existing AD that imposes any new 
burden, the AD must be superseded, rather than revised. ``Substantive 
changes'' are those made to any instruction or reference that affects 
the substance of the AD, and includes part numbers, service bulletin 
and manual references, compliance times, applicability, methods of 
compliance, corrective action, inspection requirements, and effective 
dates. In the case of this AD rulemaking action, the changes being made 
to the existing AD are considered substantive. This superseding AD is 
assigned a new amendment number and new AD number; the previous 
amendment is deleted from the system. This procedure facilitates the 
efforts of the Principal Maintenance Inspectors in tracking AD's and 
ensuring that the affected operators have incorporated the latest 
changes into their maintenance programs.
    With regard to paperwork changes required by affected operators, 
section 121.380(a)(2)(v) of the Federal Aviation Regulations [14 CFR 
121.380(a)(2)(v)], ``Maintenance recording requirements,'' requires 
that persons holding an operating certificate and operating under part 
121 of the Federal Aviation Regulations (14 CFR part 121) must keep 
records ``indicating the current status of applicable airworthiness 
directives, including the method of compliance.'' Whether an existing 
AD is superseded or revised, the new AD is assigned a new AD number: a 
superseding AD is assigned a new 6-digit AD number; a revising AD 
retains the original 6-digit AD number, but an ``R1'' is added to it. 
In either case, the new AD is identified by its ``new'' AD number, not 
by the ``old'' AD number. In light of this, affected operators updating 
their maintenance records to indicate the current AD status would have 
to record a new AD number in all cases, regardless of whether the AD is 
a superseding or a revising AD. Further, operators are always given 
credit for [[Page 27019]] work previously performed in accordance with 
the existing AD by means of the phrase in the compliance section of the 
AD that states, ``Required * * * unless accomplished previously.''
    Two ATA members state that the proposed rule is unnecessary since 
AD 94-18-07 is sufficient to ensure the continued airworthiness of the 
affected airplanes. The FAA infers that commenters request that the 
proposed rule be withdrawn. The FAA does not concur. As discussed in 
the preamble of the proposal, since fluorescent penetrant inspections 
(FPI) of the links were accomplished improperly during manufacturing, 
defects in the lock links may exist. After manufacture of a lock link, 
its material is etched and an FPI is performed to detect forging 
defects. FPI's accomplished on the affected lock links were performed 
without accomplishing the etching process.
    AD 94-18-07 was issued as ``interim action,'' and requires eddy 
current inspections only of the areas of the links that are considered 
to be at a higher risk for the existence of forging flaws. That AD 
provided for an optional terminating action for the eddy current 
inspections by accomplishing an FPI. The FAA determined that an FPI 
must be accomplished to inspect the entire link in the manner that was 
intended during manufacture to ensure that no forging flaws exist. The 
compliance time for accomplishment of the FPI was sufficiently long so 
that notice and time for public comment were feasible. Therefore, the 
FAA specified in AD 94-18-07 that it was considering additional 
rulemaking to require accomplishment of the FPI. This action contains 
that requirement.
    The FAA has revised paragraph (e)(2) of the final rule to specify, 
in part, that serviceable lock links are those that have been inspected 
in accordance with paragraph (d) of this AD. The paragraph reference 
was inadvertently specified incorrectly in the proposed rule as 
``paragraphs (a) and (b).''
    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.
    There are approximately 534 Model DC-10 and Model MD-11 series 
airplanes and Model KC-10A (military) airplanes of the affected design 
in the worldwide fleet. The FAA estimates that 310 airplanes of U.S. 
registry will be affected by this AD.
    The inspections that were required previously by AD 94-18-07, and 
retained in this AD, take approximately 4.5 work hours per airplane to 
accomplish, at an average labor rate of $60 per work hour. Based on 
these figures, the total cost impact of the inspection requirements of 
AD 94-18-07 on U.S. operators is estimated to be $83,700, or $270 per 
airplane, per inspection cycle.
    The fluorescent penetrant inspection required by this AD will take 
approximately 8 work hours per airplane to accomplish at an average 
labor rate of $60 per work hour. Based on these figures, the total cost 
impact of the fluorescent penetrant inspection requirement of this AD 
on U.S. operators is estimated to be $148,400, or $480 per airplane.
    Accomplishment of the fluorescent penetrant inspection required by 
this AD terminates the repetitive inspection requirement that had been 
imposed previously by AD 94-18-07. Therefore, accomplishment of that 
fluorescent penetrant inspection will result in a reduction in costs to 
affected operators of $83,700 per inspection cycle that will no longer 
be required.
    The number of required work hours for each requirement of this AD, 
as indicated above, is presented as if the accomplishment of the 
actions were to be conducted as ``stand alone'' actions. However, in 
actual practice, these actions, for the most part, will be accomplished 
coincidentally or in combination with normally scheduled airplane 
inspections and other maintenance program tasks. Therefore, the actual 
number of necessary additional work hours will be minimal in many 
instances. Additionally, any costs associated with special airplane 
scheduling will be minimal.
    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. App. 1354(a), 1421 and 1423; 49 U.S.C. 
106(g); and 14 CFR 11.89.

 Sec. 39.13  [Amended]

    2. Section 39.13 is amended by removing amendment 39-9020 (59 FR 
44900, August 31, 1994), and by adding a new airworthiness directive 
(AD), amendment 39- , to read as follows:

 95-11-02  McDonnell Douglas: Amendment 39-9236. Docket 94-NM-150-
AD. Supersedes AD 94-18-07, Amendment 39-9020.

    Applicability: All Model DC-10 series airplanes and Model KC-10A 
(military) airplanes; and Model MD-11 series airplanes, as listed in 
McDonnell Douglas MD-11 Alert Service Bulletin A32-47, dated July 
15, 1994; 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 use the authority 
provided in paragraph (h) to request approval from the FAA. This 
approval may address either no action, if the current configuration 
eliminates the unsafe condition; or different actions necessary to 
address the unsafe condition described in this AD. Such a request 
should include an assessment of the effect of the changed 
configuration on the unsafe condition addressed by this AD. In no 
case does the presence of any modification, alteration, or repair 
remove any airplane from the applicability of this AD.

    Compliance: Required as indicated, unless accomplished 
previously.

    Note 2: Visual inspections of the lock links, as required by 
paragraph (a) of this AD, and eddy current inspections of the lock 
links, as [[Page 27020]] required by paragraph (b)(1) of this AD, 
that have been accomplished prior to the effective date of this AD 
in accordance with McDonnell Douglas DC-10 Alert Service Bulletin 
A32-237, dated April 11, 1994; or McDonnell Douglas MD-11 Alert 
Service Bulletin A32-44, dated March 22, 1994, or Revision 1, dated 
June 16, 1994; as applicable; are considered acceptable for 
compliance with the applicable action specified in this amendment.

    To prevent collapse of the nose landing gear (NLG), accomplish 
the following:
    (a) Within 30 days after September 15, 1994 (the effective date 
of AD 94-18-07, amendment 39-9020), perform a visual inspection to 
determine the serial number of the upper lock links, part number 
ACG7396-1, and the lower lock links, part number ACG7237-1, on the 
NLG, in accordance with McDonnell Douglas DC-10 Alert Service 
Bulletin A32-238, dated July 15, 1994; or McDonnell Douglas MD-11 
Alert Service Bulletin A32-47, dated July 15, 1994; as applicable.
    (b) If the serial number of the lock link coincides with any of 
the suspect serial numbers listed in McDonnell Douglas DC-10 Alert 
Service Bulletin A32-238, dated July 15, 1994; or McDonnell Douglas 
MD-11 Alert Service Bulletin A32-47, dated July 15, 1994; as 
applicable; accomplish paragraphs (b)(1) and (b)(2) of this AD in 
accordance with the alert service bulletin.
    (1) Prior to further flight, perform an eddy current inspection 
to detect defects in the lock link in accordance with Phase I 
(``Eddy Current Inspection--On Aircraft'') of the Accomplishment 
Instructions of the applicable alert service bulletin.
    (2) Perform an expanded eddy current inspection to detect 
defects in the lock link, in accordance with Phase II (``Expanded 
Eddy Current Inspection--Off Aircraft'') of the Accomplishment 
Instructions of the applicable alert service bulletin at the time 
specified in paragraph (b)(2)(i) or (b)(2)(ii) of this AD, as 
applicable.
    (i) For Model DC-10 series airplanes and Model KC-10A airplanes: 
Inspect prior to the accumulation of 450 landings after September 
15, 1994 (the effective date of AD 94-18-07, amendment 39-9020), and 
thereafter at intervals not to exceed 450 landings until the 
inspection required by paragraph (d) of this AD is accomplished.
    (ii) For Model MD-11 series airplanes: Inspect prior to the 
accumulation of 330 landings after September 15, 1994 (the effective 
date of AD 94-18-07, amendment 39-9020), and thereafter at intervals 
not to exceed 330 landings until the inspection required by 
paragraph (d) of this AD is accomplished.
    (c) If any defect is found during any inspection required by 
paragraph (b) of this AD, prior to further flight, accomplish either 
paragraph (c)(1) or (c)(2) of this AD in accordance with McDonnell 
Douglas DC-10 Alert Service Bulletin A32-238, dated July 15, 1994; 
or McDonnell Douglas MD-11 Alert Service Bulletin A32-47, dated July 
15, 1994; as applicable.
    (1) Rework the lock link; or
    (2) Replace the defective lock link with a serviceable lock link 
that has been inspected in accordance with paragraphs (a) and (b) of 
this AD and, if the lock link was found to contain any defect, that 
has been reworked in accordance with paragraph (c)(1) of this AD.
    (d) Within 15 months after the effective date of this AD, 
perform a fluorescent penetrant inspection to detect defects of the 
lock links, in accordance with Phase III (``Fluorescent Penetrant 
Inspection--Off Aircraft'') of the Accomplishment Instructions of 
McDonnell Douglas DC-10 Alert Service Bulletin A32-238, dated July 
15, 1994; or McDonnell Douglas MD-11 Alert Service Bulletin A32-47, 
dated July 15, 1994; as applicable. Accomplishment of this 
inspection constitutes terminating action for the inspections 
required by paragraph (b) of this AD.
    (e) If any defect is found during an inspection performed in 
accordance with paragraph (d) of this AD, prior to further flight, 
accomplish either paragraph (e)(1) or (e)(2) of this AD in 
accordance with McDonnell Douglas DC-10 Alert Service Bulletin A32-
238, dated July 15, 1994; or McDonnell Douglas MD-11 Alert Service 
Bulletin A32-47, dated July 15, 1994; as applicable.
    (1) Rework the lock link; or
    (2) Replace the defective lock link with a serviceable lock link 
that has been inspected in accordance with paragraph (d) of this AD 
and, if the lock link was found to contain any defect, that has been 
reworked in accordance with paragraph (e)(1) of this AD.
    (f) As of September 15, 1994 (the effective date of AD 94-18-07, 
amendment 39-9020), no person shall install an upper lock link, part 
number ACG7396-1, or a lower lock link, part number ACG7237-1, on 
the NLG of any airplane unless that lock link has been inspected in 
accordance with paragraphs (a) and (b) of this AD and reworked, as 
necessary, in accordance with paragraph (c)(1) or (e)(1) of this AD.
    (g) Within 30 days after any defect is found during any 
inspection required by this AD, submit a report of inspection 
findings to the Manager, Los Angeles Aircraft Certification Office 
(ACO), FAA, Transport Airplane Directorate, 3960 Paramount 
Boulevard, Lakewood, California 90712; fax (310) 627-5210. The 
report must include a description of the defect found, the part 
number of the defective lock link, the serial number of the 
defective lock link, the number of landings on the defective lock 
link, and the serial number of the airplane. Information collection 
requirements contained in this regulation have been approved by the 
Office of Management and Budget (OMB) under the provisions of the 
Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.) and have 
been assigned OMB Control Number 2120-0056.
    (h) 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 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Los Angeles ACO.

    (i) 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.
    (j) The actions shall be done in accordance with McDonnell 
Douglas DC-10 Alert Service Bulletin A32-238, dated July 15, 1994; 
and McDonnell Douglas MD-11 Alert Service Bulletin A32-47, dated 
July 15, 1994; as applicable. The incorporation by reference of 
these documents was approved previously by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51 as of September 15, 1994 (59 FR 44900, August 31, 1994). 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.
    (k) This amendment becomes effective on June 21, 1995.

    Issued in Renton, Washington, on May 16, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 95-12445 Filed 5-19-95; 8:45 am]
BILLING CODE 4910-13-U
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