[Federal Register Volume 70, Number 193 (Thursday, October 6, 2005)]
[Rules and Regulations]
[Pages 58305-58307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19869]



[[Page 58305]]

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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.

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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:
    <bullet> Move the compliance time from paragraph (f) to paragraph 
(e) of the NPRM.
    <bullet> Delete the compliance time from paragraph (g) of the NPRM.
    <bullet> Clarify that the special detailed eddy current inspection 
is a ``one-time'' inspection of the ``rudder pedal torque tube 
assembly'' for ``existing'' cracks.
    <bullet> Clarify that the special detailed ultrasonic inspection of 
the rudder pedal torque tube assembly is for ``minimum wall 
thickness.''
    <bullet> Clarify that the unsafe condition ``* * * could result in 
``partial'' loss of rudder control and nose wheel steering * * *.''
    <bullet> 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

[[Page 58306]]

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.

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List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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. The Federal Aviation Administration (FAA) amends Sec.  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;  Boeing Alert Service Bulletin
 Model DC-10-15 airplanes; Model DC-10-   DC10-27A236, dated February
 30 and DC-10-30F (KC-10A and KDC-10)     17, 2005.
 airplanes; Model DC-10-40 and DC-10-
 40F airplanes; and Model MD-10-10F and
 MD-10-30F airplanes.
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