[Federal Register Volume 63, Number 225 (Monday, November 23, 1998)]
[Proposed Rules]
[Pages 64664-64667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31172]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-228-AD]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model DC-10-10, -15, 
-30, and -40 Series Airplanes, and KC-10A (Military) 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 series airplanes and KC-10A (military) airplanes, that 
currently requires repetitive inspections to detect failure of the 
attachment fasteners located in the banjo No. 4 fitting of the vertical 
stabilizer. That AD also requires a one-time inspection to detect 
cracking of the flanges and bolt holes of the banjo No. 4 fitting, and 
repair or replacement of the attachment fasteners with new, improved 
fasteners. This action would add a new one-time inspection to determine 
whether certain fasteners are installed in the banjo No. 4 fitting of 
the vertical stabilizer, and follow-on actions, if necessary. This 
proposal is prompted by reports of failure of certain fasteners 
installed in the banjo No. 4 fitting of the vertical stabilizer. The 
actions specified by the proposed AD are intended to prevent cracking 
of the attachment fasteners of the vertical stabilizer, which could 
result in loss of fail-safe capability of the vertical stabilizer and 
reduced controllability of the airplane.

DATES: Comments must be received by January 7, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 98-NM-228-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.
    The service information referenced in the proposed rule may be 
obtained from The Boeing Company, Douglas Products 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; or at the FAA, Transport 
Airplane Directorate, Los Angeles Aircraft Certification Office, 3960 
Paramount Boulevard, Lakewood, California.

FOR FURTHER INFORMATION CONTACT: Ron Atmur, Aerospace Engineer, 
Airframe Branch, ANM-120L, FAA, Transport Airplane Directorate, 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 notice may be changed in 
light of the comments received.
    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 notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 98-NM-228-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. 98-NM-228-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On March 18, 1996, the FAA issued AD 96-07-01, amendment 39-9549 
(61 FR 12015, March 25, 1996), applicable

[[Page 64665]]

to certain McDonnell Douglas Model DC-10 series airplanes and KC-10A 
(military) airplanes, to require repetitive visual inspections to 
detect failure of the attachment fasteners located in the banjo No. 4 
fitting of the vertical stabilizer. That AD also requires a one-time 
eddy current inspection to detect cracking of the flanges and bolt 
holes of the banjo No. 4 fitting, and repair or replacement of the 
attachment fasteners. That action was prompted by reports indicating 
that attachment fasteners of the vertical stabilizer failed due to 
fatigue. The requirements of that AD are intended to prevent loss of 
fail-safe capability of the vertical stabilizer due to cracking of its 
attachment fasteners.

Actions Since Issuance of Previous Rule

    Since the issuance of that AD, the FAA has received reports 
indicating that, on two airplanes, certain second oversize fasteners 
that were approved for use as replacement fasteners in the banjo No. 4 
fitting of the vertical stabilizer have failed due to fatigue cracking.

Explanation of Relevant Service Information

    The FAA has reviewed and approved McDonnell Douglas Service 
Bulletin DC10-55-023, Revision 02, dated October 30, 1996, and Revision 
03, dated March 25, 1998. These revised service bulletins are 
essentially similar to McDonnell Douglas DC-10 Service Bulletin 55-23, 
Revision 1, dated December 17, 1993, which was referenced as the 
appropriate source of service information in AD 96-07-01. However, 
among other things, Revision 02 of the service bulletin provides 
instructions for gaining access to perform the eddy current inspection 
of the aft flange, instructions for repair of cracks in the banjo No. 4 
fitting, and an additional preventive modification for uncracked banjo 
fittings; and Revision 03 revises the part number of second oversize 
fasteners to be used as replacements for the attachment fasteners in 
the banjo No. 4 fitting. Revision 03 also describes procedures for an 
external visual inspection to detect failure of the attachment 
fasteners of the banjo No. 4 fitting, and follow-on actions. Those 
follow-on actions include performing the external visual inspections on 
a repetitive basis; inspecting using an eddy current technique to 
detect cracking of the forward and aft flanges and bolt holes of the 
banjo No. 4 fitting, and repair, if necessary; and replacing the 
attachment fasteners of the banjo No. 4 fitting with new, improved 
attachment fasteners made from a higher strength and more corrosion-
resistant material. Accomplishment of the actions specified in the 
service bulletins is intended to adequately address the identified 
unsafe condition.

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 96-07-01 to continue to require 
repetitive inspections to detect any failure of the attachment 
fasteners located in the banjo No. 4 fitting of the vertical 
stabilizer, a one-time inspection to detect cracking of the flanges and 
bolt holes of the banjo No. 4 fitting, and repair or replacement of the 
attachment fasteners with new, improved fasteners. This proposed AD 
also would add a new one-time inspection to determine whether certain 
fasteners are installed in the banjo No. 4 fitting of the vertical 
stabilizer, and follow-on actions, if necessary. The actions would be 
required to be accomplished in accordance with the service bulletin 
described previously, except as discussed below.

Differences Between Proposed Rule and Service Bulletin

    Operators should note that, although the service bulletin specifies 
that the manufacturer may be contacted for disposition of certain 
repair conditions, this proposal would require the repair of those 
conditions to be accomplished in accordance with a method approved by 
the FAA.

Cost Impact

    There are approximately 420 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 242 airplanes of U.S. registry 
would be affected by this proposed AD.
    Since the issuance of AD 96-07-01, the manufacturer has revised its 
estimate of the work hours necessary to perform the actions that are 
currently required by that AD. McDonnell Douglas Service Bulletin DC10-
55-023, Revision 03, reflects the manufacturer's revised estimates; and 
the cost information, below, also has been revised to refer to the new 
estimates.
    The visual inspection that is currently required by AD 96-07-01, 
and retained in this AD, takes approximately 1 work hour per airplane 
to accomplish, at an average labor rate of $60 per work hour. Based on 
these figures, the cost impact of the visual inspection currently 
required by that AD on U.S. operators is estimated to be $14,520, or 
$60 per airplane, per inspection cycle.
    The eddy current inspection that is currently required by AD 96-07-
01, and retained in this AD, takes approximately 4 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 eddy current inspection 
currently required by this AD on U.S. operators is estimated to be 
$58,080, or $240 per airplane.
    The replacement of the 12 attachment fasteners of the banjo No. 4 
fitting that is currently required by AD 96-07-01, and retained in this 
AD, takes approximately 14 work hours per airplane to accomplish, at an 
average labor rate of $60 per work hour. Required parts cost 
approximately $250 per airplane. Based on these figures, the cost 
impact of the replacement currently required by this AD on U.S. 
operators is estimated to be $263,780, or $1,090 per airplane.
    The new inspection that is proposed in this AD action would take 
approximately 1 work hour per airplane to accomplish, at an average 
labor rate of $60 per work hour. Based on these figures, the cost 
impact of the inspection proposed by this AD on U.S. operators is 
estimated to be $14,520, or $60 per airplane.
    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.
    Should an operator that has already completed the replacement of 
the attachment fasteners of the banjo No. 4 fitting in accordance with 
AD 96-07-01 be required to repeat the replacement, it would take 
approximately 14 additional work hours, at an average labor rate of $60 
per work hour. Additional parts would cost $150 per airplane. Based on 
these figures, the cost impact of any necessary repetition of the 
replacement is estimated to be $990 per airplane.

Regulatory Impact

    The regulations proposed herein would 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 
proposal would not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.
    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

[[Page 64666]]

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 39-9549 (61 FR 
12015, March 25, 1996), and by adding a new airworthiness directive 
(AD), to read as follows:

McDonnell Douglas: Docket 98-NM-228-AD. Supersedes AD 96-07-01, 
Amendment 39-9549.

    Applicability: Model DC-10-10, -15, -30, and -40 series 
airplanes; and KC-10A (military) airplanes; as listed in McDonnell 
Douglas DC-10 Service Bulletin 55-23, Revision 1, dated December 17, 
1993; 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) 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 been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent cracking of the attachment fasteners of the vertical 
stabilizer, which could result in loss of fail-safe capability of 
the vertical stabilizer and reduced controllability of the airplane, 
accomplish the following:
    (a) Except as required by paragraph (c)(3) of this AD, within 
1,500 landings after April 24, 1996 (the effective date of AD 96-07-
01, amendment 39-9549): Perform an external visual inspection, using 
a minimum 5X power magnifying glass, to detect any failure of the 12 
attachment fasteners located in the banjo No. 4 fitting of the 
vertical stabilizer (as specified in McDonnell Douglas DC-10 Service 
Bulletin 55-23, Revision 1, dated December 17, 1993; or McDonnell 
Douglas Service Bulletin DC10-55-023, Revision 02, dated October 30, 
1996, or Revision 03, dated March 25, 1998). Perform this inspection 
in accordance with procedures specified in McDonnell Douglas 
Nondestructive Testing Manual, Chapter 20-10-00, or McDonnell 
Douglas Nondestructive Testing Standard Practice Manual, Part 09.
    (1) If no failure is detected, repeat the external visual 
inspection thereafter at intervals not to exceed 1,500 landings 
until the requirements of paragraph (b) of this AD are accomplished.
    (2) If any failure is detected, prior to further flight, 
accomplish the requirements of paragraph (b) of this AD.
    (b) Except as required by paragraphs (a)(2) and (c)(3)(ii) of 
this AD, within 5 years after April 24, 1996: Perform an eddy 
current surface inspection to detect cracking of the forward and aft 
flanges; and an eddy current bolt hole inspection of the bolt holes 
of the banjo No. 4 fitting; in accordance with McDonnell Douglas DC-
10 Service Bulletin 55-23, Revision 1, dated December 17, 1993; or 
McDonnell Douglas Service Bulletin DC10-55-023, Revision 02, dated 
October 30, 1996, or Revision 03, dated March 25, 1998.

    Note 2: Paragraph (b) of this AD does not require that eddy 
current bolt hole inspections be accomplished for the bolt holes of 
the banjo No. 4 fitting if the attachment fasteners were replaced 
prior to April 24, 1996, in accordance with McDonnell Douglas DC-10 
Service Bulletin 55-23, dated December 17, 1992.

    (1) If no cracking is detected, prior to further flight, replace 
the 12 attachment fasteners located on the banjo No. 4 fitting with 
new, improved attachment fasteners, in accordance with McDonnell 
Douglas DC-10 Service Bulletin 55-23, dated December 17, 1992, or 
Revision 1, dated December 17, 1993; or McDonnell Douglas Service 
Bulletin DC10-55-023, Revision 02, dated October 30, 1996, or 
Revision 03, dated March 25, 1998. After the effective date of this 
AD, only Revision 03 of the service bulletin shall be used.
    (i) Accomplishment of the replacement in accordance with the 
original issue of the service bulletin constitutes terminating 
action for the requirements of paragraph (a) of this AD, provided 
that the eddy current surface inspection of the forward and aft 
flanges is accomplished in accordance with McDonnell Douglas DC-10 
Service Bulletin 55-23, Revision 1, dated December 17, 1993; or 
McDonnell Douglas Service Bulletin DC10-55-023, Revision 02, dated 
October 30, 1996, or Revision 03, dated March 25, 1998.
    (ii) Accomplishment of the replacement in accordance with 
McDonnell Douglas DC-10 Service Bulletin 55-23, Revision 1, dated 
December 17, 1993; or McDonnell Douglas Service Bulletin DC10-55-
023, Revision 02, dated October 30, 1996, or Revision 03, dated 
March 25, 1998; constitutes terminating action for the requirements 
of paragraph (a) of this AD, provided that the eddy current surface 
inspection of the forward and aft flanges, and the eddy current bolt 
hole inspection of the bolt holes of the banjo No. 4 fitting, are 
accomplished in accordance with Revision 1, Revision 02, or Revision 
03 of the service bulletin.
    (2) If any cracking is detected, prior to further flight, repair 
either in accordance with Figure 6 or Figure 7, as applicable, of 
Chapter 55-20-00, Volume 1, of the DC-10 Structural Repair Manual; 
or in accordance with a method approved by the Manager, Los Angeles 
Aircraft Certification Office (ACO), FAA, Transport Airplane 
Directorate.
    (c) Within 1,500 landings after the effective date of this AD, 
perform a one-time visual inspection to determine whether second 
oversize fasteners having part number (P/N) S4931917-8Y are 
installed in the banjo No. 4 fitting of the vertical stabilizer.
    (1) If second oversize fasteners having P/N S4931917-8Y are not 
installed, and the actions required by paragraph (b) of this AD have 
been accomplished, no further action is required by this AD.
    (2) If second oversize fasteners having P/N S4931917-8Y are not 
installed, and the actions required by paragraph (b) of this AD have 
not been accomplished: Within 1,500 landings after the last 
inspection performed in accordance with paragraph (a) of this AD, 
repeat that inspection, and perform the follow-on actions specified 
by paragraph (a) of this AD.
    (3) If second oversize fasteners having P/N S4931917-8Y are 
installed, prior to further flight, perform an external visual 
inspection to detect any failure of the 12 attachment fasteners 
located in the banjo No. 4 fitting of the vertical stabilizer in 
accordance with paragraph (a) of this AD.
    (i) If no failure is detected, repeat the external visual 
inspection thereafter at intervals not to exceed 1,500 landings 
until the requirements of paragraph (b) of this AD are accomplished.
    (ii) If any failure is detected, prior to further flight, 
accomplish the requirements of paragraph (b) of this AD.
    (d) As of the effective date of this AD, no person shall install 
a second oversize fastener having part number (P/N) S4931917-8Y in 
the banjo No. 4 fitting of the vertical stabilizer on any airplane.
    (e) 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 ACO. 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.

    (f) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199

[[Page 64667]]

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 November 16, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-31172 Filed 11-20-98; 8:45 am]
BILLING CODE 4910-13-U