[Federal Register Volume 60, Number 138 (Wednesday, July 19, 1995)]
[Rules and Regulations]
[Pages 36986-36990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15997]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 94-NM-114-AD; Amendment 39-9298; AD 95-14-06]
Airworthiness Directives; McDonnell Douglas Model DC-10 Series
Airplanes and Model KC-10A (Military) 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 series airplanes
and Model KC-10A (military) airplanes, that requires various
modifications of the flight controls, hydraulic power systems, and
landing gear. This amendment is prompted by a recommendation by the
Systems Review Task Force (SRTF) for accomplishment of certain
modifications that will enhance the controllability of these airplanes
in the unlikely event of catastrophic damage to all hydraulics systems.
The actions specified by this AD are intended to ensure airplane
survivability in the event of damage to fully powered flight control
systems.
DATES: Effective August 18, 1995.
The incorporation by reference of certain publications listed in
the
[[Page 36987]]
regulations is approved by the Director of the Federal Register as of
August 18, 1995.
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, Los Angeles Aircraft Certification Office,
Transport Airplane Directorate, 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: Mauricio J. Kuttler, Aerospace
Engineer, Systems and Equipment Branch, ANM-130L, FAA, Transport
Airplane Directorate, Los Angeles Aircraft Certification Office, 3960
Paramount Boulevard, Lakewood, California 90712; telephone (310) 627-
5355; fax (310) 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 series airplanes and Model KC-10A (military) airplanes was
published in the Federal Register on January 4, 1995 (60 FR 389). That
action proposed to require various modifications of the flight
controls, hydraulic power systems, and landing gear.
Discussion of Comments Received
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.
McDonnell Douglas and the Air Transport Association (ATA) of
America, on behalf of its members, request an extension of the comment
period from March 1, 1995, to March 31, 1995, for the purpose of
convening to assess the impact of the recommendation of the Systems
Review Task Force (SRTF) for this AD action. The ATA states that some
carriers have already incorporated the recommendations of the SRTF to
varying degrees. Based on that experience, the carriers question the
implementation of those recommendations in the exact manner
contemplated originally by the SRTF. Specifically, one commenter states
that it does not believe current history requires the accomplishment of
all the service bulletins cited in the proposed rule.
The FAA does not concur with the commenters' request to extend the
comment period. The FAA has accepted and considered all comments
received to date concerning this AD action, including those received
after the comment period closed on March 1, 1995. The FAA does not
consider that delaying this AD action further is warranted, since the
actions required by this AD must be accomplished in a timely manner to
ensure airplane survivability in the event of damage to fully powered
flight control systems. Furthermore, ATA members were represented at
meetings of the SRTF to discuss the 12 systems enhancements contained
in the specific service bulletins addressed in this AD. At that time,
ATA members present at the meeting agreed with the recommendation for
issuance of an AD to require the accomplishment of those systems
enhancements.
Two commenters express a concern that sufficient parts may not be
available to accomplish the requirements of the proposed AD; therefore,
operators may not be able to meet the proposed 24-month compliance
time. The FAA infers that the commenters request an extention of the
proposed compliance time. The FAA does not concur. In developing an
appropriate compliance time for this action, the FAA considered not
only the degree of urgency associated with addressing the subject
unsafe condition, but the availability of required parts, and the
practical aspect of installing the required system enhancements within
an interval of time that parallels the normally scheduled maintenance
holds for the majority of affected operators. In consideration of these
items, the FAA finds that the proposed compliance time of 24 months is
appropriate for this rulemaking action. However, the FAA recognizes
that a parts availability problem may exist in certain cases.
Therefore, under the provisions of paragraph (b) of the final rule, the
FAA may approve requests for adjustments to the compliance time if data
are submitted to substantiate that such an adjustment would provide an
acceptable level of safety.
Two commenters express concern that the economic impact information
reflected in the proposal is underestimated. One commenter provides a
detailed breakdown of costs associated with the accomplishment of five
service bulletins cited in the proposed rule. The cost estimates for
those service bulletins, as presented by the commenter, are higher than
those specified in the proposed rule. Those estimates include costs for
planning hours by engineering staff. The second commenter estimates
that the cost estimate specified in one particular service bulletin is
off (lower) by a factor of 2 or 3. This commenter indicates that the
accomplishment of one of the service bulletins referenced will result
in loss of revenue due to payload restrictions on a small percentage of
flights as a result of a 40-pound weight increase incurred by
installation of the subject modification. Both commenters state that
costs associated with accomplishing a particular service bulletin that
is not cited in the proposal should be included in the economic impact
information, since the service bulletin is specified as a prerequisite
for accomplishment of a service bulletin that is cited in the proposal.
From these remarks, the FAA infers that the commenters request that
the economic impact information specified in the preamble to this rule
be revised. Consequently, the FAA has re-evaluated that information and
obtained updated cost data from the manufacturer. Accordingly, the FAA
has revised the economic impact information, below, to reflect the best
data available to date. The cost analysis in AD rulemaking actions
typically does not include planning hours or costs pertaining to
particular operating scenarios that could result in higher fuel costs
and lower payload capacity or restrictions, as suggested by the
commenters. The number of work hours represents the time required to
gain access, remove parts, modify, and close up.
One commenter requests that separate AD's be issued for each of the
12 service bulletins cited in the proposed AD to allow for adequate
tracking and closure. The FAA does not concur with this request.
Issuing 12 separate AD's would not increase the ability of affected
operators to track compliance with the AD and maintain accurate records
of compliance more adequately than issuing a single AD to address all
12 service bulletins. The FAA finds that the consequent workload burden
that would be associated with documenting maintenance record entries
(i.e., recording 12 new AD numbers) among all of the affected operators
would not be appropriate. Therefore, in light of the consequent
workload associated with maintenance record entries, the FAA has
determined that a less burdensome approach is to issue only one AD that
[[Page 36988]]
requires the accomplishment of 12 service bulletins.
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
significantly increase the economic burden on any operator nor increase
the scope of the AD.
The FAA is continuing to review the recommendations of the SRTF
working group for these airplanes and may consider further rulemaking
based on those recommendations.
Economic Impact
There are approximately 427 Model DC-10 series airplanes and Model
KC-10A (military) airplanes of the affected design in the worldwide
fleet. The FAA estimates that 254 airplanes of U.S. registry will be
affected by this AD.
Approximate work hours to accomplish the required actions and costs
for required parts are listed in the following table. The average labor
rate is $60 per work hour.
------------------------------------------------------------------------
Parts cost Total cost
Service bulletin No. Estimated per per
work hours airplane airplane
------------------------------------------------------------------------
27-71............................... 5 $26,998 $27,298
27-120.............................. 3 68 248
27-152.............................. 1 487 547
27-181.............................. 5 611 911
27-201.............................. 10- 9,893 10,493
27-208.............................. 5 492 792
27-209.............................. 9 489 1,029
29-109.............................. 101 1,408 7,468
29-125.............................. 4 269 509
32-134.............................. 3 5,525 5,705
32-143.............................. 3 3,926 4,106
32-157.............................. 6 70,744 71,104
------------------------------------------------------------------------
Based on these figures, the total cost impact of the AD on U.S.
operators is estimated to be $33,073,340, or $130,210 per airplane.
The total cost impact figure discussed above is based on
assumptions that no operator has yet accomplished any of the
requirements of this AD action, and that no operator would accomplish
those actions in the future if this AD were not adopted.
The number of required work hours, as indicated above, is presented
as if the accomplishment of the actions required by this AD were to be
conducted as ``stand alone'' actions. However, the 24-month compliance
time specified in paragraph (a) of this AD should allow ample time for
the actions to be accomplished coincidentally with scheduled major
airplane inspection and maintenance activities, thereby minimizing the
costs associated with special airplane scheduling.
Further, the FAA recognizes that the obligation to maintain
aircraft in an airworthy condition is vital, but sometimes expensive.
Because AD's require specific actions to address specific unsafe
conditions, they appear to impose costs that would not otherwise be
borne by operators. However, because of the general obligation of
operators to maintain aircraft in an airworthy condition, this
appearance is deceptive. Attributing those costs solely to the issuance
of this AD is unrealistic because, in the interest of maintaining safe
aircraft, most prudent operators would accomplish the required actions
even if they were not required to do so by the AD.
A full cost-benefit analysis has not been accomplished for this AD.
As a matter of law, in order to be airworthy, an aircraft must conform
to its type design and be in a condition for safe operation. The type
design is approved only after the FAA makes a determination that it
complies with all applicable airworthiness requirements. In adopting
and maintaining those requirements, the FAA has already made the
determination that they establish a level of safety that is cost-
beneficial. When the FAA, as in this AD, makes a finding of an unsafe
condition, this means that the original cost-beneficial level of safety
is no longer being achieved and that the required actions are necessary
to restore that level of safety. Because this level of safety has
already been determined to be cost-beneficial, a full cost-benefit
analysis for this AD would be redundant and unnecessary.
Regulatory Impact
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:
[[Page 36989]]
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 adding the following new
airworthiness directive:
95-14-06 McDonnell Douglas: Amendment 39-9298. Docket 94-NM-114-AD.
Applicability: Model DC-10-10, -10F, -15, -30, -30F, -40, and -
40F series airplanes and Model KC-10A (military) airplanes; as
listed in the following McDonnell Douglas DC-10 service bulletins;
certificated in any category:
------------------------------------------------------------------------
Service bulletin No. Revision level Date issued
------------------------------------------------------------------------
27-71.................. 1...................... February 14, 1973.
27-120................. Original............... February 10, 1975.
27-152................. Original............... August 9, 1976.
27-181................. 1...................... May 28, 1981.
27-201................. Original............... December 30, 1985.
27-208................. Original............... September 5, 1989.
27-209................. Original............... October 20, 1989.
29-109................. 1...................... September 22, 1978.
29-125................. 2...................... October 23, 1987.
32-134................. Original............... March 22, 1977.
32-143................. Original............... August 8, 1978.
32-157................. 1...................... October 29, 1980.
------------------------------------------------------------------------
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 (b) of this AD 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. -
To ensure airplane survivability in the event of damage to fully
powered flight control systems, accomplish the following:
(a) Within 24 months after the effective date of this AD, modify
the flight controls, hydraulic power systems, and landing gear in
accordance with paragraphs (a)(1) through (a)(12) of this AD, as
applicable. -
(1) For airplanes listed in McDonnell Douglas DC-10 Service
Bulletin 27-71, Revision 1, dated February 14, 1973: Install surge
damper assemblies and new piping assemblies in hydraulic systems 1
and 3 of the horizontal stabilizer in accordance with the service
bulletin. As of the effective date of this AD, no person shall
install a pipe assembly, part number AJK7004-641, -642, -643, -644,
-645, -646, -647, or -648 on any airplane. As of the effective date
of this AD, no person shall install a valve assembly, part number
AJG7041-5515 or -5517, on any airplane unless that assembly has been
modified in accordance with the service bulletin.
(2) For airplanes listed in McDonnell Douglas DC-10 Service
Bulletin 27-120, dated February 10, 1975: Modify and reidentify the
trim hydraulic motor assembly of the horizontal stabilizer in
accordance with the service bulletin.
Note 2: The McDonnell Douglas service bulletin references Sperry
Rand Corporation, Vickers Division, Service Bulletin 390017-27-2,
dated December 2, 1974, as an additional source of service
information. -
(3) For airplanes listed in McDonnell Douglas DC-10 Service
Bulletin 27-152, dated August 9, 1976: Replace the existing
retaining nut locking clip on the torsional coupling of the
horizontal stabilizer with a new retaining nut locking clip in
accordance with the service bulletin. As of the effective date of
this AD, no person shall install a locking clip or nut retainer,
part number AJH7259-1, on any airplane.
(4) For airplanes listed in McDonnell Douglas DC-10 Service
Bulletin 27-181, Revision 1, dated May 28, 1981: Install a modified
chain drive unit on the horizontal stabilizer in accordance with the
service bulletin. As of the effective date of this AD, no person
shall install a chain drive unit assembly, part number AJH7337-1 or
AJH7337-501; pin, part number AJH7343-1; housing assembly, part
number AJH7345-1; shaft, part number AJH7075-1 or -501; or decal,
part number AJH7347-1; on any airplane. -
(5) For airplanes listed in McDonnell Douglas DC-10 Service
Bulletin 27-201, dated December 30, 1985: Replace the hydraulic pipe
assemblies of the flap lock valve with new pipe assemblies in
accordance with the service bulletin. As of the effective date of
this AD, no person shall install a pipe assembly, part number
AYK7002-876, -877, -878, -879, -880, and -881; AYK7136-1; and
AYK7137-1; on any airplane.
(6) For airplanes listed in McDonnell Douglas DC-10 Service
Bulletin 27-208, dated September 5, 1989: Replace eight end caps of
the trim control valve of the horizontal stabilizer with new end
caps having a larger inside radius, in accordance with the service
bulletin. As of the effective date of this AD, no person shall
install an end cap, part number AJG7020-503; or valve assembly, part
number AJG7041-5535, -5533, -5531, -5529, -5527, -5525, -5523, -
5521, -5519, -5517, -5515, -5513, -5511, -5509, -5507, -5505, -5503,
-5501, or -5001; on any airplane.
(7) For airplanes listed in McDonnell Douglas DC-10 Service
Bulletin 27-209, dated October 20, 1989: Inspect the nuts on the
shaft assembly for looseness, proper orientation, excess backlash,
and engagement of the washer locking tab, in accordance with the
service bulletin. As of the effective date of this AD, no person
shall install a drive assembly, part number AJH7337-505, on any
airplane unless that assembly has been modified in accordance with
the service bulletin.
(i) If no discrepancy is found, no further action is required by
this paragraph.
(ii) If any discrepancy is found, prior to further flight,
replace the fuse pin, adjust backlash, and properly position and
tighten the nuts in accordance with the service bulletin.
(8) For airplanes listed in McDonnell Douglas Service Bulletin
29-109, Revision 1, dated September 22, 1978: Install an indication
system on the reversible motor pump in accordance with the service
bulletin. As of the effective date of this AD, no person shall
install a nameplate, part number ABN7191-1124, -1125, -1126, -872, -
873, -874, -878, or -1084; a support, part number 2394536-509; or a
plate, part number 2710497-1-6; on any airplane. -
(9) For airplanes listed in McDonnell Douglas DC-10 Service
Bulletin 29-125, Revision 2, dated October 23, 1987: Modify the main
hydraulic power system in accordance with the service bulletin. As
of the effective date of this AD, no person shall install an
annunciator panel, part number 102200-268, or -274, on any airplane
unless that panel has been modified in accordance with the service
bulletin.
(10) For airplanes listed in McDonnell Douglas DC-10 Service
Bulletin 32-134, dated March 22, 1977: Modify the aft antiskid
manifold on the left and right main landing gear in accordance with
the service bulletin. As of the effective date of this AD, no person
shall install a bracket, part number ARG7291-1, ARG7291-501,
ARG7485-501, or ARG7485-502 on any airplane. As of the effective
date of this AD, no person shall install a main landing gear
assembly, part number ARG7393-(Any Configuration), on any airplane
unless that assembly has been modified in accordance with the
service bulletin. -
(11) For airplanes listed in McDonnell Douglas DC-10 Service
Bulletin 32-143, dated August 8, 1978: Install protective shields
over the brake and antiskid piping located on the aft side of the
left and right main landing gear in accordance with the service
bulletin. As of the effective date of this AD, no person shall
install a support, part number ARG7551-1 or ARG7552-1, or bracket,
part number AEP8009-25, on any airplane. As of the effective date of
this AD, no person shall install a main landing gear assembly, part
number ARG7393-(Any Configuration), on any airplane unless that
assembly has been modified in accordance with the service bulletin.
(12) For airplanes listed in McDonnell Douglas DC-10 Service
Bulletin 32-157, Revision 1, dated October 29, 1980: Install a
doubler on the web assembly between the wheel wells of the center
landing gear and the right main landing gear; install a fiberglass
deflector assembly on the shock
[[Page 36990]]
strut of the centerline landing gear; replace the pressure gage
manifold of the shock strut; and install an instruction plate and
adding precaution instruction markings in the wheel well of the
right main landing gear and on the forward door of the center
landing gear in accordance with the service bulletin. As of the
effective date of this AD, no person shall install a manifold, part
number AYK7162-501, on any airplane. -
(b) 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. -
(c) 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.
(d) The actions shall be done in accordance with the following
McDonnell Douglas DC-10 Service Bulletins, which contain the
specified effective pages:
------------------------------------------------------------------------
Service bulletin
referenced and Page No. Revision level Date shown on
date shown on page page
------------------------------------------------------------------------
27-71, Revision 1-10............ 1 .............. February 14,
1, February 14, 1973.
1973.
27-120, February 1 ............. Original......... February 10,
10, 1975. 1975.
27-152, August 9, 1-6............. Original......... August 9, 1976.
1976.
27-181, Revision 1-12............ 1 .............. May 28, 1981.
1, May 28, 1981.
27-201, December 1-15............ Original......... December 30,
30, 1985. 1985.
27-208, September 1-16............ Original......... September 5,
5, 1989. 1989.
27-209, October 1-11............ Original......... October 20,
20, 1989. 1989.
29-109, Revision 1, 2, 4, 5, 7, 1 .............. September 22,
1, September 22, 7A, 10, 19, 31- 1978.
1978. 35.
3, 6, 8, 9, 11- Original......... August 25, 1976.
18, 20-30, 32,
36.
29-125, Revision 1-22............ 2 .............. October 23,
2, October 23, 1987.
1987.
32-134, March 22, 1-13............ Original......... March 22, 1977.
1977.
32-143, August 8, 1-11............ Original......... August 8, 1978.
1978.
32-157, Revision 1-23............ 1................ October 29,
1, October 29, 1980.
1980.
------------------------------------------------------------------------
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 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, Los Angeles Aircraft Certification Office, Transport Airplane
Directorate, 3960 Paramount Boulevard, Lakewood, California; or at
the Office of the Federal Register, 800 North Capitol Street, NW.,
suite 700, Washington, DC.
(e) This amendment becomes effective on August 18, 1995.
Issued in Renton, Washington, on June 23, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 95-15997 Filed 7-18-95; 8:45 am]
BILLING CODE 4910-13-U
