[Federal Register Volume 66, Number 35 (Wednesday, February 21, 2001)]
[Proposed Rules]
[Pages 10970-10972]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4221]


========================================================================
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.

========================================================================


Federal Register / Vol. 66, No. 35 / Wednesday, February 21, 2001 / 
Proposed Rules

[[Page 10970]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-396-AD]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model DC-10-10, -15, 
-30, -30F (KC-10A Military), and -40 Series Airplanes; and Model MD-10-
10F and MD-10-30F Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the supersedure of an existing 
airworthiness directive (AD), applicable to certain McDonnell Douglas 
Model DC-10-10, -15, -30, -30F (KC-10A military), and -40 series 
airplanes, and Model MD-10-10F and MD-10-30F series airplanes, that 
currently requires, among other actions, performing repetitive 
ultrasonic inspections of the attaching bolts on the inboard and 
outboard support on the inboard and outboard flap assembly to detect 
failed bolts, or verifying the torque of the attaching bolts on the 
inboard support on the outboard flap; and follow-on actions. This 
action, among other actions, would add a requirement to verify the 
torque of the attaching bolts on the outboard support on the inboard 
and outboard flaps, and allow repetitive torque verifications. This 
proposal is prompted by a review that revealed inadvertent omission of 
a requirement. The actions specified by the proposed AD are intended to 
prevent in-flight loss of inboard and outboard flap assemblies due to 
failure of H-11 attaching bolts, which could result in reduced 
controllability of the airplane.

DATES: Comments must be received by April 9, 2001.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2000-NM-396-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9:00 a.m. and 3:00 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: 
<a href="/cdn-cgi/l/email-protection#6a53470b040747041a1807090507070f041e2a0c0b0b440d051c"><span class="__cf_email__" data-cfemail="8bb2a6eae5e6a6e5fbf9e6e8e4e6e6eee5ffcbedeaeaa5ece4fd">[email protected]</span></a>. Comments sent via fax or the Internet must 
contain ``Docket No. 2000-NM-396-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 for Windows or 
ASCII text.
    The service information referenced in the proposed rule may be 
obtained from Boeing Commercial Aircraft Group, Long Beach Division, 
3855 Lakewood Boulevard, Long Beach, California 90846, Attention: 
Technical Publications Business Administration, Dept. C1-L51 (2-60). 
This information may be examined at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT: Ron 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:
    <bullet> 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.
    <bullet> For each issue, state what specific change to the proposed 
AD is being requested.
    <bullet> 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 2000-NM-396-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. 2000-NM-396-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On August 10, 2000, the FAA issued AD 2000-16-10, amendment 39-
11866 (65 FR 50621, August 21, 2000), applicable to certain McDonnell 
Douglas Model DC-10-10, -15, -30, -30F (KC-10A military), and -40 
series airplanes, and Model MD-10-10F and MD-10-30F series airplanes, 
to require performing repetitive ultrasonic inspections of the 
attaching bolts on the inboard and outboard support on the inboard and 
outboard flap assembly to detect failed bolts, or verifying the torque 
of the attaching bolts on the inboard support on the outboard flap; and 
follow-on actions. That AD also requires replacing all bolts with bolts 
made from Inconel, which constitutes terminating action for the 
repetitive inspection requirements. That action was prompted by an in-
flight loss of the inboard flap assembly on an airplane during approach 
for landing. The requirements of that AD are intended to prevent in-
flight loss of inboard and outboard flap assemblies due to failure of 
H-11 attaching bolts, which could

[[Page 10971]]

result in reduced controllability of the airplane.

Actions Since Issuance of Previous Rule

    Since the issuance of that AD, the FAA has reviewed the 
requirements of AD 2000-16-10 and found that we inadvertently omitted a 
requirement to verify the torque of the attaching bolts on the outboard 
support on the inboard and outboard flaps. The procedures for this 
verification were identified in McDonnell Douglas Alert Service 
Bulletin DC10-57A143, dated December 20, 1999, which was referenced in 
AD 2000-16-10 as the appropriate source of service information for 
accomplishing the requirements of that AD. Also, we inadvertently 
included a requirement to perform an ultrasonic inspection of the 
attaching bolts on the inboard support on the inboard flap assembly; 
this area is not subject to the identified unsafe condition. In 
addition, under certain conditions, that AD only requires repetitive 
ultrasonic inspections, rather than repetitive torque verifications or 
ultrasonic inspections, as indicated in the referenced service 
bulletin. In light of these findings, we find that AD 2000-16-10 needs 
to be superseded to correct these inaccuracies and adequately address 
the identified unsafe condition (i.e., failure of H-11 attaching bolts 
could result in an in-flight loss of inboard and outboard flap 
assemblies, and consequent reduced controllability of the airplane).

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 supersede AD 2000-16-10 to continue to require 
repetitive ultrasonic inspections of the attaching bolts on the inboard 
and outboard support on the outboard flap assembly and on the outboard 
support on the inboard flap assembly to detect failed bolts, or 
verifying the torque of the attaching bolts on the inboard support on 
the outboard flap; and follow-on actions. The proposed AD also would 
continue to require replacing all bolts with bolts made from Inconel, 
which would constitute terminating action for the repetitive inspection 
requirements. Also, the proposed AD would add a requirement to verify 
the torque of the attaching bolts on the outboard support on the 
inboard and outboard flaps, and allow repetitive torque verification in 
lieu of the repetitive ultrasonic inspections. The actions would be 
required to be accomplished per McDonnell Douglas Alert Service 
Bulletin DC10-57A143, dated December 20, 1999.

Cost Impact

    There are approximately 412 Model McDonnell Douglas Model DC-10-10, 
-15, -30, -30F (KC-10A military), and -40 series airplanes, and Model 
MD-10-10F and MD-10-30F series airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 244 airplanes of U.S. registry 
would be affected by this proposed AD.
    The inspection/torque verification that is currently required by AD 
2000-16-10, and retained in this proposed AD, takes approximately 
between 2 and 8 work hours per airplane to accomplish, at an average 
labor rate of $60 per work hour. Based on these figures, the cost 
impact of the currently required actions on U.S. operators is estimated 
to be between $29,280 and $117,120, or between $120 and $480 per 
airplane, per inspection cycle.
    The bolt replacement that is currently required by AD 2000-16-10, 
and retained in this proposed AD, takes approximately 288 work hours 
per airplane to accomplish, at an average labor rate of $60 per work 
hour. Required parts will cost approximately $2,987 per airplane. Based 
on these figures, the cost impact of the currently required replacement 
on U.S. operators is estimated to be $4,945,148, or $20,267 per 
airplane.
    The cost impact of the new torque verification proposed in this AD 
is included in the cost estimate above for the inspection/torque 
verification.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the current or proposed 
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.

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. 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 removing amendment 39-11866 (65 FR 
50621, August 21, 2000), and by adding a new airworthiness directive 
(AD), to read as follows:

McDonnell Douglas: Docket 2000-NM-396-AD. Supersedes AD 2000-16-10, 
Amendment 39-11866.

    Applicability: Model DC-10-10, -15, -30, -30F (KC-10A military), 
and -40 series airplanes; and Model MD-10-10F and MD-10-30F series 
airplanes; as listed in McDonnell Douglas Alert Service Bulletin 
DC10-57A143, dated December 20, 1999; 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 (e)(1) 
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

[[Page 10972]]

been eliminated, the request should include specific proposed 
actions to address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent in-flight loss of inboard and outboard flap 
assemblies due to failure of H-11 attaching bolts, which could 
result in reduced controllability of the airplane, accomplish the 
following:

Inspection or Torque Verification, and Corrective Actions, if Necessary

    (a) Within 2 months after September 25, 2000, (the effective 
date of AD 2000-16-10, amendment 39-11866), do an ultrasonic 
inspection of the attaching bolts on the inboard and outboard 
support on the outboard flap assembly and on the outboard support on 
the inboard flap assembly to detect failed bolts, or verify the 
torque of the attaching bolts on the inboard support on the outboard 
flap, per McDonnell Douglas Alert Service Bulletin DC10-57A143, 
dated December 20, 1999.
    (1) If no failed bolt is found, repeat the ultrasonic inspection 
or torque verification every 6 months.
    (2) If any failed bolt is found, before further flight, replace 
the bolt and associated parts with a new Inconel bolt and new 
associated parts per the service bulletin, except as provided by 
paragraphs (a)(2)(i) and (a)(2)(ii) of this AD. Accomplishment of 
the replacement constitutes terminating action for the repetitive 
requirements of paragraph (a)(1) of this AD for that bolt.
    (i) If an Inconel bolt is not available for accomplishment of 
the replacement, replacement with a new H-11 steel bolt is 
acceptable provided that operators repeat the ultrasonic inspection 
or torque verification every 6 months until the requirements of 
paragraph (c) of this AD are accomplished.
    (ii) If a PLI washer is not available for accomplishment of the 
Inconel replacement, a new Inconel bolt can be temporarily installed 
without a new PLI washer provided that the bolt is torqued to the 
applicable value specified in the service bulletin.
    Within 6,000 flight hours after an Inconel bolt is torqued, 
replace the PLI washer with a new washer per the service bulletin.

Torque Verification

    (b) For airplanes on which the verification of the torque of the 
attaching bolts on the inboard support on the outboard flap was done 
per paragraph (a) of this AD: Within 2 months after the effective 
date of this AD, verify the torque of the attaching bolts on the 
outboard support on the inboard and outboard flaps, per McDonnell 
Douglas Alert Service Bulletin DC10-57A143, dated December 20, 1999; 
and do the applicable action(s) specified in paragraph (a)(1) or 
(a)(2) of this AD.

Bolt Replacement

    (c) Within 2 years after accomplishing the initial inspection 
required by paragraph (a) of this AD or the torque verification 
required by paragraphs (a) and (b) of this AD, do the action 
specified in paragraph (a)(2) of this AD for all H-11 bolts.
    Accomplishment of the replacement of all H-11 bolts with 
Inconcel bolts constitutes terminating action for the requirements 
of this AD.

Spares

    (d) As of 2 years after the effective date of this AD, no person 
shall install, on any airplane, an H-11 steel bolt, part number 
71658-8-44, 71658-7-44, 71658-7-54, 71658-7-56, 71658-7-29, 71658-9-
31, 71658-9-34, 71658-9-38, 71658-9-41, 71658-10-41, 71658-7-26, 
71658-7-27, or 71658-8-29, on the inboard or outboard flap assembly.

Alternative Methods of Compliance

    (e)(1) 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.

    (2) Alternative methods of compliance, approved previously per 
AD 2000-16-10, amendment 39-11866, are considered to be approved as 
alternative methods of compliance with this AD.

Special Flight Permits

    (f) 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.

    Issued in Renton, Washington, on February 13, 2001.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-4221 Filed 2-20-01; 8:45 am]
BILLING CODE 4910-13-U


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