Federal Register / Vol. 70, No. 193 / Thursday, October 6, 2005 / Rules and Regulations 58305 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–21594; Directorate 

Identifier 2005–NM–067–AD; Amendment 

39–14309; AD 2005–20–15] 

RIN 2120–AA64 

Airworthiness Directives; McDonnell 

Douglas Model DC–10–10 and DC–10–

10F Airplanes; Model DC–10–15 

Airplanes; Model DC–10–30 and DC–

10–30F (KC–10A and KDC–10) 

Airplanes; Model DC–10–40 and DC–

10–40F Airplanes; Model MD–10–10F 

and MD–10–30F Airplanes; and Model 

MD–11 and MD–11F Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

McDonnell Douglas transport category 

airplanes. This AD requires an 

inspection of the rudder pedal torque 

tube assembly for cracking; an 

inspection of the torque tube assembly 

to determine the thickness of the torque 

tube wall, if necessary; and replacing 

the rudder torque tube with a new or 

serviceable rudder torque tube, if 

necessary. This AD results from a report 

of a broken rudder pedal torque tube. 

We are issuing this AD to prevent 

failure of a rudder pedal torque tube, 

which could result in loss of rudder 

control and nose wheel steering 

controlled by the rudder pedal, and 

consequent reduced controllability of 

the airplane. 

DATES: This AD becomes effective 

November 10, 2005. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the AD 

as of November 10, 2005. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

dms.dot.gov or in person at the Docket 

Management Facility, U.S. Department 

of Transportation, 400 Seventh Street 

SW., Nassif Building, room PL–401, 

Washington, DC. 

Contact Boeing Commercial 

Airplanes, Long Beach Division, 3855 

Lakewood Boulevard, Long Beach, 

California 90846, Attention: Data and 

Service Management, Dept. C1–L5A 

(D800–0024), for service information 

identified in this AD. 

FOR FURTHER INFORMATION CONTACT: 

Maureen Moreland, Aerospace 

Engineer, Airframe Branch, ANM–120L, 

FAA, Los Angeles Aircraft Certification 

Office, 3960 Paramount Boulevard, 

Lakewood, California 90712–4137; 

telephone (562) 627–5238; fax (562) 

627–5210. 

SUPPLEMENTARY INFORMATION: 

Examining the Docket 

You may examine the airworthiness 

directive (AD) docket on the Internet at 

http://dms.dot.gov or in person at the 

Docket Management Facility office 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

The Docket Management Facility office 

(telephone (800) 647–5227) is located on 

the plaza level of the Nassif Building at 

the street address stated in the 

ADDRESSES section. 

Discussion 

The FAA issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to certain McDonnell Douglas 

Model DC–10–10 and DC–10–10F 

airplanes; Model DC–10–15 airplanes; 

Model DC–10–30 and DC–10–30F (KC–

10A and KDC–10) airplanes; Model DC–

10–40 and DC–10–40F airplanes; Model 

MD–10–10F and MD–10–30F airplanes; 

and Model MD–11 and MD–11F 

airplanes. That NPRM was published in 

the Federal Register on June 22, 2005 

(70 FR 36070). That NPRM proposed to 

require an inspection of the torque tube 

assembly for the rudder pedal for 

cracking; an inspection of the torque 

tube assembly to determine the 

thickness of the torque tube wall, if 

necessary; and replacing the rudder 

torque tube with a new or serviceable 

rudder torque tube, if necessary. 

Comments 

We provided the public the 

opportunity to participate in the 

development of this AD. We have 

considered the comments received. 

Request To Revise Service Bulletin 

References 

One commenter, the manufacturer, 

requests that we delete reference to 

Appendix B from paragraph (f) of the 

NPRM and delete reference to Appendix 

A from paragraph (g) of the NPRM. The 

commenter states that these revisions 

are consistent with the intent of Boeing 

Alert Service Bulletin DC10–27A236; 

and Boeing Alert Service Bulletin 

MD11–27A083, both dated February 17, 

2005, and eliminate any potential 

confusion operators might have with the 

NPRM. 

We agree with the request. We 

acknowledge that referencing both 

Appendices A and B in both paragraphs 

(f) and (g) of this AD might be confusing 

to operators. The service bulletins 

reference Appendix A for inspecting the 

rudder pedal torque tube assembly for 

cracks (required by paragraph (f) of this 

AD) and reference Appendix B for 

inspecting the rudder pedal torque tube 

to determine the thickness of the tube 

wall (required by paragraph (g) of this 

AD). Since the service bulletins 

reference the applicable appendix in the 

accomplishment instructions, we do not 

need to cite them in this AD. Therefore, 

we have deleted reference to both 

Appendix A and Appendix B from both 

paragraphs (f) and (g) of this AD. 

Request To Revise the Format of the 

NPRM 

The same commenter requests that we 

make the following editorial changes to 

the NPRM: 

• Move the compliance time from 

paragraph (f) to paragraph (e) of the 

NPRM. 

• Delete the compliance time from 

paragraph (g) of the NPRM. 

• Clarify that the special detailed 

eddy current inspection is a ‘‘one-time’’

inspection of the ‘‘rudder pedal torque 

tube assembly’’ for ‘‘existing’’ cracks. 

• Clarify that the special detailed 

ultrasonic inspection of the rudder 

pedal torque tube assembly is for 

‘‘minimum wall thickness.’’

• Clarify that the unsafe condition 

‘‘* * * could result in ‘‘partial’’ loss of 

rudder control and nose wheel steering 

* * *.’’

• State that replacement of the rudder 

torque tube, if necessary, is meant to 

‘‘insure the integrity of the system.’’

The commenter states that these 

revisions are consistent with the intent 

of the referenced Boeing service 

bulletins, and would eliminate any 

potential confusion operators might 

have with the NPRM. 

We partially agree. We have revised 

the Summary and paragraphs (f) and (g) 

of this AD to specify that the 

inspections are of the ‘‘rudder pedal 

torque tube assembly.’’ We disagree 

with moving the compliance time to 

paragraph (e) of this AD; the intent of 

that paragraph is to give credit for 

actions previously accomplished before 

issuance of this AD, so it would be 

inappropriate to include compliance 

times in that paragraph. We infer that 

the commenter requests to delete the 

compliance time from paragraph (g) of 

the NPRM because the commenter 

believes it is not necessary to include 

that information in the AD. We do not 

agree, since according to the service 

bulletins the inspection in paragraph (g) 

of this AD is an on-condition action that 

must be accomplished if no cracking is 

found during the inspection required by 

58306 Federal Register / Vol. 70, No. 193 / Thursday, October 6, 2005 / Rules and Regulations 

paragraph (f) of this AD. This AD must 

state a compliance time for performing 

the on-condition inspection. 

We also disagree with adding a phrase 

stating that the on-condition 

replacement ‘‘* * * will insure the 

integrity of the system.’’ The purpose of 

the SUMMARY section is to identify the 

required actions of an AD and the 

unsafe condition they are intended to 

address; it would be inappropriate to 

include any other information in this 

section. We have determined that the 

other revisions that the commenter 

suggests do not change the meaning of 

the AD in any substantive way. 

Therefore, no other change to this AD is 

necessary. 

Request To Revise ‘‘Cost of 

Compliance’’

The same commenter requests that we 

revise the estimated work hours in the 

NPRM for replacing the rudder pedal 

torque tube. The commenter states that 

Boeing Alert Service Bulletin DC10–

27A236 estimates that the proposed 

replacement would take 96 total work 

hours for Model DC–10–10 and DC–10–

10F airplanes; Model DC–10–15 

airplanes; Model DC–10–30 and DC–10–

30F (KC–10A and KDC–10) airplanes; 

Model DC–10–40 and DC–10–40F 

airplanes; and Model MD–10–10F and 

MD–10–30F airplanes. The commenter 

also states that Boeing Alert Service 

Bulletin MD11–27A083 estimates that 

the proposed replacement would take 

18 hours for Model MD–11 and MD–11F 

airplanes. These estimates include time 

for gaining access, removing and 

replacing the torque tube, adjusting (for 

Model MD–11 and MD–11F airplanes), 

and closing access. 

We disagree. The estimated work 

hours 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. Furthermore, 

replacement of the rudder pedal torque 

tube is an ‘‘on-condition’’ action. 

Typically, the ‘‘Cost of Compliance’’ is 

limited only to the cost of actions 

actually required by the rule. It does not 

consider the costs of ‘‘on-condition’’

actions because, regardless of AD 

direction, those actions would be 

required to correct an unsafe condition 

identified in an airplane and ensure 

operation of that airplane in an 

airworthy condition, as required by the 

Federal Aviation Regulations. Therefore, 

no change is necessary to this AD in this 

regard. 

Request To Extend Compliance Time 

One commenter requests that we 

extend the compliance time of the 

inspection from 6 months to 12 months 

after the effective date of the AD. The 

commenter states that 6 months is not 

enough time to inspect all of its 130 

airplanes affected by the NPRM. 

We do not agree, since the commenter 

has provided no technical justification 

for extending the compliance time. In 

developing an appropriate compliance 

time for this action, we considered the 

safety implications, the practical aspect 

of accomplishing the required 

inspection within a period of time that 

corresponds to the normal scheduled 

maintenance for most affected operators, 

and the recommendation of the 

manufacturer. However, according to 

the provisions of paragraph (h) of this 

AD, we may approve requests to adjust 

the compliance time if the request 

includes data that prove that the new 

compliance time would provide an 

acceptable level of safety. 

Explanation of Changes Made to This 

AD 

We have revised the ‘‘Alternative 

Methods of Compliance (AMOCs)’’

paragraph in this AD to clarify the 

delegation authority for Authorized 

Representatives for the Boeing 

Commercial Airplanes Delegation 

Option Authorization. 

We have also revised this AD to 

clarify the appropriate procedure for 

notifying the principal inspector before 

using any approved AMOC on any 

airplane to which the AMOC applies. 

Conclusion 

We have carefully reviewed the 

available data, including the comments 

received, and determined that air safety 

and the public interest require adopting 

the AD with the changes described 

previously. We have determined that 

these changes will neither increase the 

economic burden on any operator nor 

increase the scope of the AD. 

Costs of Compliance 

There are about 960 airplanes of the 

affected design in the worldwide fleet. 

This AD affects about 366 airplanes of 

U.S. registry. The inspection takes about 

16 work hours per airplane, at an 

average labor rate of $65 per work hour. 

Based on these figures, the estimated 

cost of the inspection for U.S. operators 

is $380,640, or $1,040 per airplane. 

For Model DC–10–10 and DC–10–10F 

airplanes; Model DC–10–15 airplanes; 

Model DC–10–30 and DC–10–30F (KC–

10A and KDC–10) airplanes; Model DC–

10–40 and DC–10–40F airplanes; and 

Model MD–10–10F and MD–10–30F 

airplanes: The replacement if necessary 

takes about 16 work hours per airplane, 

at an average labor rate of $65 per work 

hour. Required parts cost about $12,892 

per airplane. Based on these figures, the 

estimated cost of the replacement if 

necessary is $13,932 per airplane. 

For Model MD–11 and MD–11F 

airplanes: The replacement if necessary 

takes about 5 work hours per airplane, 

at an average labor rate of $65 per work 

hour. Required parts cost about $12,892 

per airplane. Based on these figures, the 

estimated cost of the replacement if 

necessary is $13,217 per airplane. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in subtitle VII, 

part A, subpart III, section 44701, 

‘‘General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We have determined that this AD will 

not have federalism implications under 

Executive Order 13132. This AD 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. 

For the reasons discussed above, I 

certify that this AD: 

(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. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this AD and placed it in the AD docket. 

See the ADDRESSES section for a location 

to examine the regulatory evaluation. 

Federal Register / Vol. 70, No. 193 / Thursday, October 6, 2005 / Rules and Regulations 58307 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 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. 

§ 39.13 [Amended] 

■ 2. The Federal Aviation 

Administration (FAA) amends § 39.13 

by adding the following new 

airworthiness directive (AD): 

2005–20–15 McDonnell Douglas: 

Amendment 39–14309. Docket No. 

FAA–2005–21594; Directorate Identifier 

2005–NM–067–AD. 

Effective Date 

(a) This AD becomes effective November 

10, 2005. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to the airplanes 

identified in Table 1 of this AD; certificated 

in any category. 

TABLE 1.—APPLICABILITY

McDonnell Douglas— As identified in—

Model DC–10–10 and DC–10–10F airplanes; Model DC–10–15 airplanes; Model DC–10–30 and DC–10–30F (KC–10A and KDC–10) 

airplanes; Model DC–10–40 and DC–10–40F airplanes; and Model 

MD–10–10F and MD–10–30F airplanes.

Boeing Alert Service Bulletin DC10–27A236, dated February 17, 2005. 

Model MD–11 and MD–11F airplanes ..................................................... Boeing Alert Service Bulletin MD11–27A083, dated February 17, 2005. 

Unsafe Condition 

(d) This AD results from a report of a 

broken rudder pedal torque tube. We are 

issuing this AD to prevent failure of a rudder 

pedal torque tube, which could result in loss 

of rudder control and nose wheel steering 

controlled by the rudder pedal, and 

consequent reduced controllability of the 

airplane. 

Compliance 

(e) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Eddy Current Inspection and Replacement if 

Necessary 

(f) Within 6 months after the effective date 

of this AD, do a special detailed eddy current 

inspection of the rudder pedal torque tube 

assembly for cracks, in accordance with the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin DC10–27A236, dated 

February 17, 2005; or Boeing Alert Service 

Bulletin MD11–27A083, dated February 17, 

2005; as applicable. If any crack is found, 

before further flight, replace the rudder pedal 

torque tube with a new or serviceable rudder 

pedal torque tube, in accordance with the 

applicable service bulletin. 

Ultrasonic Inspection and Replacement, if 

Necessary 

(g) If no cracking is found during the 

special detailed eddy current inspection 

required by paragraph (f) of this AD, before 

further flight, do a special detailed ultrasonic 

inspection of the rudder pedal torque tube 

assembly to determine the wall thickness of 

the rudder pedal torque tube, in accordance 

with the Accomplishment Instructions of 

Boeing Alert Service Bulletin DC10–27A236, 

dated February 17, 2005; or Boeing Alert 

Service Bulletin MD11–27A083, dated 

February 17, 2005; as applicable. 

(1) If the wall thickness of the torque tube 

is within the limits identified as area C in 

Appendix B of the applicable service 

bulletin, no further action is required by this 

AD. 

(2) If the wall thickness of the torque tube 

is within the limits identified as area B in 

Appendix B of the applicable service 

bulletin, within 6,000 flight hours after doing 

the special detailed ultrasonic inspection, 

replace the torque tube with a new or 

serviceable torque tube, in accordance with 

the applicable service bulletin. 

(3) If the wall thickness of the torque tube 

is below the minimum limits, which are 

identified as area A in Appendix B of the 

applicable service bulletin, before further 

flight, replace the torque tube with a new or 

serviceable torque tube, in accordance with 

the applicable service bulletin. 

Alternative Methods of Compliance 

(AMOCs) 

(h)(1) The Manager, Los Angeles Aircraft 

Certification Office (ACO), FAA, has the 

authority to approve AMOCs for this AD, if 

requested in accordance with the procedures 

found in 14 CFR 39.19. 

(2) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required by this AD, if it is approved by an 

Authorized Representative for the Boeing 

Commercial Airplanes Delegation Option 

Authorization Organization who has been 

authorized by the Manager, Los Angeles 

ACO, to make those findings. For a repair 

method to be approved, the repair must meet 

the certification basis of the airplane, and the 

approval must specifically refer to this AD. 

(3) Before using any AMOC approved in 

accordance with 14 CFR 39.19 on any 

airplane to which the AMOC applies, notify 

the appropriate principal inspector in the 

FAA Flight Standards Certificate Holding 

District Office. 

Material Incorporated by Reference 

(i) You must use Boeing Alert Service 

Bulletin DC10–27A236, dated February 17, 

2005; or Boeing Alert Service Bulletin 

MD11–27A083, dated February 17, 2005, as 

applicable, to perform the actions that are 

required by this AD, unless the AD specifies 

otherwise. The Director of the Federal 

Register approved the incorporation by 

reference of these documents in accordance 

with 5 U.S.C. 552(a) and 1 CFR part 51. 

Contact Boeing Commercial Airplanes, Long 

Beach Division, 3855 Lakewood Boulevard, 

Long Beach, California 90846, Attention: 

Data and Service Management, Dept. C1–L5A 

(D800–0024), for a copy of this service 

information. You may review copies at the 

Docket Management Facility, U.S. 

Department of Transportation, 400 Seventh 

Street SW., room PL–401, Nassif Building, 

Washington, DC; on the Internet at http:// 

dms.dot.gov; or at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at the NARA, call (202) 741–6030, 

or go to http://www.archives.gov/ 

federal_register/code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on 

September 26, 2005. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 05–19869 Filed 10–5–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2005–21703; Airspace 

Docket No. 05–ACE–19] 

Modification of Class D and Class E 

Airspace; Topeka, Forbes Field, KS 

AGENCY: Federal Aviation 

Administration (FAA), DOT.