[Federal Register Volume 78, Number 192 (Thursday, October 3, 2013)]
[Rules and Regulations]
[Pages 61161-61164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-24105]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2012-0680; Directorate Identifier 2011-NM-247-AD;
Amendment 39-17602; AD 2013-19-20]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
The Boeing Company Model DC-10-10 and MD-10-10F airplanes. This AD was
prompted by a report that the safe life limit on certain main landing
gear (MLG) upper torque link bolts is reduced significantly due to
those bolts being fabricated from bar stock with a machined head
instead of from a forged blank with an upset head. This AD requires
replacing certain MLG upper torque link bolts with new or serviceable
parts. We are issuing this AD to prevent damage to the MLG and
consequent damage to airplane structure, which could adversely affect
the airplane's continued safe flight and landing.
DATES: This AD is effective November 7, 2013.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of November 7,
2013.
ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
3855 Lakewood Boulevard, MC D800-0019, Long Beach, CA 90846-0001;
telephone 206-544-5000, extension 2; fax 206-766-5683; Internet https://www.myboeingfleet.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call 425-227-1221.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (phone: 800-647-5527) is Document Management Facility,
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Nenita Odesa, Aerospace Engineer,
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification
Office, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: (562)
627-5234; fax: (562) 627-5210; email: [email protected].
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to the specified products. The
NPRM published in the Federal Register on July 11, 2012 (77 FR 40828).
The NPRM proposed to require replacing certain MLG upper torque link
bolts with a new or serviceable part.
Comments
We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
(77 FR 40828, July 11, 2012) and the FAA's response to each comment.
Request To Revise the Unsafe Condition
Boeing requested that we revise the unsafe condition in the NPRM
(77 FR 40828, July 11, 2012). Boeing stated that it disagrees with the
SUMMARY section of the NPRM where it states that the safe life limit
(SLL) of the bolt is reduced significantly due to ``incorrect''
fabrication. Boeing stated that it approved the fabrication of the
bolts from bar stock with a machined head; however, this did not reduce
the SLL at that point in time. Boeing stated that the fabrication
therefore is not incorrect, and that the SLL reduction was due to
fabrication from bar stock with a machined head.
We partially agree with Boeing's request. We agree that the cause
of the unsafe condition is not incorrect fabrication.
We disagree with the commenter's statement that the fabrication
method of the bolt is correct because with a reduced SLL the discrepant
bolts do not meet the type design. The correct fabrication process of
the bolt, from forged blank with an upset forged head, would not have
reduced the SLL. We have changed the cause of the unsafe condition
throughout this final rule to state that the SSL of the bolt is reduced
significantly because those bolts were ``fabricated from bar stock with
a machined head.''
Request To Allow Maintenance Records Review
FedEx requested that in paragraph (g) of the NPRM (77 FR 40828,
July 11, 2012) operators be allowed to show compliance by a records
review.
We agree with the commenter that a review of an airplane's
maintenance record is acceptable if the part number of the bolt can be
conclusively determined from that review. We have changed paragraph (g)
of this final rule accordingly.
Request To Revise Applicability of the NPRM (77 FR 40828, July 11,
2012)
FedEx stated that paragraphs (g) and (h) of the NPRM (77 FR 40828,
July 11, 2012) state to inspect the 18 airplanes
[[Page 61162]]
listed in the Effectivity section of Boeing Alert Service Bulletin
DC10-32A260, dated September 30, 2011. FedEx stated that this wording
requires an inspection of the airplane, and since the bolts are easily
replaced, the airplane effectivity listed in the service information is
not accurate. FedEx stated that it has identified two additional
airplanes that have the recalled bolts installed, and that the NPRM
would require the operator to inspect an airplane that does not have a
recalled bolt installed. FedEx stated that the NPRM should be worded to
require the tracking and removal of the recalled bolts listed in that
service information without any reference to the airplane effectivity.
In addition, FedEx stated that the NPRM should change the SLL of the
bolt and then allow the bolts to be tracked and removed in the same
manner as any life-limited part. FedEx stated that paragraph (f) of the
NPRM should state clearly that an airplane does not require an
inspection if a recalled bolt is not installed.
We infer that FedEx is requesting that we revise the applicability
of this final rule because the AD applicability refers to the
effectivity in Boeing Alert Service Bulletin DC10-32A260, dated
September 30, 2011. We disagree with the commenter regarding revising
the applicability of this AD. We confirmed with Boeing that the two
additional airplanes mentioned previously are not included in the
service information effectivity, as the affected bolts were removed in
March 2012 and are no longer serviceable. We also disagree that this
final rule should be revised to require a reduced SLL of the bolt, and
the tracking and removal of the recalled bolts listed in the service
information. According to 14 CFR 39.1, Airworthiness Directives apply
to aircraft, aircraft engines, propellers, or appliances, and we are
required to provide airplane effectivity in an AD. We have not changed
this AD in this regard.
Request To Revise the Parts Installation Paragraph
FedEx requested that we revise paragraph (h) of the NPRM (77 FR
40828, July 11, 2012), which stated that no one may install a recalled
bolt on an airplane after the effective date of the AD. FedEx stated
that the intent of this requirement is to prevent a replacement bolt
from being installed. FedEx stated that the requirement can be
interpreted as preventing removal and re-installation of a recalled
bolt during maintenance, which could result in grounding an airplane at
a remote station until a new bolt is available. FedEx stated that the
operator should have the flexibility to remove a recalled bolt and re-
install it on the same airplane or another airplane to meet operational
requirements. FedEx stated that paragraph (h) of the NPRM should be
changed to state that no one may install a replacement bolt. FedEx
stated that the intent of paragraph (h) of the NPRM could also be
accomplished by requiring all recalled bolts to be removed from spares
and the spare gear assemblies.
We agree with the commenter. We agree that an operator should have
the flexibility to re-install recalled bolts on the same airplane if
the bolts have not reached their revised SLL of 6,590 flight cycles. We
also agree that an operator should have the flexibility to install the
reduced life bolt on an airplane not listed on the service bulletin
effectivity list, provided the reduced life bolt is replaced prior to
accumulation of 6,590 flight cycles. Therefore, we have removed
paragraph (h) of the NPRM (77 FR 40828, July 11, 2012) from this AD
because this would allow the reinstallation of a reduced life bolt on
other Model DC-10-10 and MD-10-10 airplanes. Subsequent paragraphs have
been redesignated accordingly. We have also clarified paragraph (g) of
this AD to specify that any replacement bolts identified in paragraph
3.B.1 of the Accomplishment Instructions of Boeing Alert Service
Bulletin DC10-32A260, dated September 30, 2011, must be replaced prior
to the revised SLL.
Request To Clarify Compliance Time
FedEx Express and Boeing requested clarification of the compliance
time. FedEx stated that paragraph (g) of the NPRM (77 FR 40828, July
11, 2012) states that the recalled bolts must be removed at 6,590
cycles since installation. FedEx stated the wording does not correlate
with the service information and the service information changes the
SLL for these recalled bolts from ``47,300 to 6,590 cycles.'' FedEx
stated that this will force the recalled bolts to be removed at 6,590
cycles since new. FedEx added that the wording of the NPRM allows a
bolt to be flown at 6,590 cycles since installation. FedEx stated that
the NPRM assumes every bolt has been installed only once in one
airplane. FedEx stated that a review of its records show that several
of these bolts have been installed on more than one airplane.
Boeing stated that the compliance time should be ``before 6,590
flight cycles are accrued on the part, except as specified in paragraph
(h)'' regardless of bolt installation. Boeing stated that this
reasoning takes into account multiple installations. In addition,
Boeing stated that the SLL is 6,590 flight cycles, regardless of part
installation.
We partially agree with the commenters' request to clarify the
compliance time. The FAA intended the term ``bolt installation'' as
installation of the bolt since new. We disagree with FedEx's statement
that this AD and the service information use different terms in the
compliance time because the term ``within 6,590 flight cycles from bolt
installation'' is similar to the compliance time in section 1.E.,
``Compliance,'' of the service information, which states, ``before
6,590 flight cycles from bolt installation.'' In addition, we have
removed paragraph (h) of the NPRM (77 FR 40828, July 11, 2012) from
this AD to address a previous comment; therefore, the additional
language is unnecessary. Subsequent paragraphs have been redesignated
accordingly.
Conclusion
We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this AD with the changes described previously-and minor editorial
changes. We have determined that these minor changes:
Are consistent with the intent that was proposed in the
NPRM July 11, 2012 (77 FR 40828, July 11, 2012) for correcting the
unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM July 11, 2012 (77 FR 40828, July 11,
2012).
We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.
Costs of Compliance
We estimate that this AD affects 17 airplanes of U.S. registry.
We estimate the following costs to comply with this AD:
[[Page 61163]]
Estimated Costs
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Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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Bolt Replacement.................... 2 work-hours x $85 per $9,340 $9,510 $161,670
hour = $170.
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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
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),
(3) Will not affect intrastate aviation in Alaska, and
(4) 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.
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
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 FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
2013-19-20 The Boeing Company: Amendment 39-17602; Docket No. FAA-
2012-0680; Directorate Identifier 2011-NM-247-AD.
(a) Effective Date
This AD is effective November 7, 2013.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company Model DC-10-10 and MD-10-
10F airplanes, certificated in any category, as identified in Boeing
Alert Service Bulletin DC10-32A260, dated September 30, 2011.
(d) Subject
Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 32, Landing Gear.
(e) Unsafe Condition
This AD was prompted a report that the safe life limit on
certain main landing gear (MLG) upper torque link bolts is reduced
significantly due to those bolts being fabricated from bar stock
with a machined head. We are issuing this AD to prevent damage to
the MLG and consequent damage to airplane structure, which could
adversely affect the airplane's continued safe flight and landing.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Modification
For airplanes having any bolts identified in paragraph 3.B.1. of
the Accomplishment Instructions of Boeing Alert Service Bulletin
DC10-32A260, dated September 30, 2011: Before the accumulation of
6,590 total flight cycles on the bolt, or within 180 days after the
effective date of this AD, whichever occurs later, replace the MLG
upper torque link bolt with a new or serviceable bolt, in accordance
with the Accomplishment Instructions of Boeing Alert Service
Bulletin DC10-32A260, dated September 30, 2011. A review of airplane
maintenance records is acceptable if the part number of the bolt can
be conclusively determined from that review. Thereafter, before the
accumulation of 6,590 total flight cycles on any bolt identified in
paragraph 3.B.1. of the Accomplishment Instructions of Boeing Alert
Service Bulletin DC10-32A260, dated September 30, 2011, replace it
with a new or serviceable bolt.
(h) Alternative Methods of Compliance (AMOCs)
(1) The Manager, Los Angeles Airplane Certification Office
(ACO), ANM-120L, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your request to your principal
inspector or local Flight Standards District Office, as appropriate.
If sending information directly to the manager of the ACO, send it
to the attention of the person identified in paragraph (i) of this
AD.
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
(3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by The
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that 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 14 CFR
25.571, Amendment 45, and the approval must specifically refer to
this AD.
(i) Related Information
For more information about this AD, contact Nenita Odesa,
Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles
Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood,
CA 90712-4137; phone: (562) 627-5234; fax: (562) 627-5210; email:
[email protected].
(j) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(i) Boeing Alert Service Bulletin DC10-32A260, dated September
30, 2011.
(ii) Reserved.
(3) For The Boeing Company service information identified in
this AD, contact Boeing Commercial Airplanes, Attention: Data &
Services Management, 3855 Lakewood Boulevard, MC D800-0019, Long
Beach, CA 90846-0001; telephone 206-544-5000, extension 2; fax 206-
766-5683; email [email protected]; Internet https://www.myboeingfleet.com.
[[Page 61164]]
(4) You may review copies of the referenced service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the availability of this material at
the FAA, call 425-227-1221.
(5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Renton, Washington, on September 17, 2013.
Ross Landes,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-24105 Filed 10-2-13; 8:45 am]
BILLING CODE 4910-13-P