AD 2013-19-20

[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>. 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a>; 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: <a href="/cdn-cgi/l/email-protection#e48a818a8d9085ca8b80819785a4828585ca838b92"><span class="__cf_email__" data-cfemail="68060d06011c0946070c0d1b09280e0909460f071e">[email&#160;protected]</span></a>.

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:
    <bullet> 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
    <bullet> 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
----------------------------------------------------------------------------------------------------------------
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: 
<a href="/cdn-cgi/l/email-protection#274942494e53460948434254466741464609404851"><span class="__cf_email__" data-cfemail="d9b7bcb7b0adb8f7b6bdbcaab899bfb8b8f7beb6af">[email&#160;protected]</span></a>.

(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 <a href="/cdn-cgi/l/email-protection#d1b5a2b4ffb3beb4b2bebc91b3beb4b8bfb6ffb2bebc"><span class="__cf_email__" data-cfemail="254156400b474a40464a4865474a404c4b420b464a48">[email&#160;protected]</span></a>; Internet <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>.

[[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: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    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