Airworthiness Directives; The Boeing Company Airplanes, 61161-61164 [2013-24105]

Download as PDF Federal Register / Vol. 78, No. 192 / Thursday, October 3, 2013 / Rules and Regulations authorized for use in organic agriculture on November 3, 2008. Because these substances are critical to organic production and handling operations, producers and handlers should be able to continue to use these substances for a full 5-year period beyond their sunset date of November 3, 2013. Accordingly, pursuant to 5 U.S.C. 553, it is found and determined that good cause exists for not postponing the effective date of this rule until 30 days after publication in the Federal Register. This rule shall be effective on November 3, 2013. List of Subjects in 7 CFR Part 205 Administrative practice and procedure, Agriculture, Animals, Archives and records, Imports, Labeling, Organically produced products, Plants, Reporting and recordkeeping requirements, Seals and insignia, Soil conservation. For the reasons set forth in the preamble, 7 CFR part 205 is amended as follows: PART 205—NATIONAL ORGANIC PROGRAM 1. The authority citation for 7 CFR part 205 continues to read as follows: ■ Authority: 7 U.S.C. 6501–6522. 2. Section 205.605 is amended by removing the entry ‘‘Tartaric acid— made from malic acid’’ from paragraph (b). ■ Federal Aviation Administration (FAA), DOT. ACTION: Final rule. 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: nenita.odesa@faa.gov. SUPPLEMENTARY INFORMATION: 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 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 Dated: September 30, 2013. Rex A. Barnes, Associate Administrator, Agricultural Marketing Service. [FR Doc. 2013–24208 Filed 10–2–13; 8:45 am] BILLING CODE 3410–02–P 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: sroberts on DSK5SPTVN1PROD with RULES 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. SUMMARY: VerDate Mar<15>2010 15:47 Oct 02, 2013 Jkt 232001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 61161 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 E:\FR\FM\03OCR1.SGM 03OCR1 61162 Federal Register / Vol. 78, No. 192 / Thursday, October 3, 2013 / Rules and Regulations sroberts on DSK5SPTVN1PROD with RULES 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 VerDate Mar<15>2010 15:47 Oct 02, 2013 Jkt 232001 as preventing removal and reinstallation 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 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 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: E:\FR\FM\03OCR1.SGM 03OCR1 Federal Register / Vol. 78, No. 192 / Thursday, October 3, 2013 / Rules and Regulations 61163 ESTIMATED COSTS Action Labor cost Parts cost Cost per product Cost on U.S. operators Bolt Replacement ............................................ 2 work-hours × $85 per hour = $170 ............. $9,340 $9,510 $161,670 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. sroberts on DSK5SPTVN1PROD with RULES 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: VerDate Mar<15>2010 15:47 Oct 02, 2013 Jkt 232001 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. § 39.13 [Amended] 2. The FAA amends § 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 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 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: nenita.odesa@faa.gov. (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 dse.boecom@boeing.com; Internet https:// www.myboeingfleet.com. E:\FR\FM\03OCR1.SGM 03OCR1 61164 Federal Register / Vol. 78, No. 192 / Thursday, October 3, 2013 / Rules and Regulations (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/ibrlocations.html. Issued in Renton, Washington, on September 17, 2013. Ross Landes, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. Examining the AD Docket [FR Doc. 2013–24105 Filed 10–2–13; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2012–1320; Directorate Identifier 2012–NM–095–AD; Amendment 39–17618; AD 2013–20–12] RIN 2120–AA64 Airworthiness Directives; The Boeing Company Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 767 airplanes. This AD was prompted by reports of cracks and heat damage on pivot joint components found during main landing gear (MLG) overhaul. This AD requires, for certain airplanes, repetitive inspections of the MLG pivots, truck beam bushings, and inner cylinder bushings. For all airplanes, this AD requires a maintenance program revision, one-time inspections of the MLG truck beam, and related investigative and corrective actions (including configuration changes) if necessary; accomplishment of these actions terminates the repetitive inspections. We are issuing this AD to detect and correct heat damage and cracks in the pivot pin, truck beam lugs, and inner cylinder lugs, which could result in fracture of the pivot joint components and consequent MLG collapse. sroberts on DSK5SPTVN1PROD with RULES SUMMARY: This AD is effective November 7, 2013. The Director of the Federal Register approved the incorporation by reference DATES: VerDate Mar<15>2010 15:47 Oct 02, 2013 Jkt 232001 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, P.O. Box 3707, MC 2H–65, Seattle, WA 98124–2207; telephone 206–544–5000, extension 1; fax 206–766–5680; 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, Washington. For information on the availability of this material at the FAA, call 425–227–1221. 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: Berhane Alazar, Aerospace Engineer, Airframe Branch, ANM–120S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, Washington 98057–3356; phone: 425– 917–6577; fax: 425–917–6590; email: berhane.alazar@faa.gov. SUPPLEMENTARY INFORMATION: Discussion We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to the specified products. The NPRM published in the Federal Register on January 30, 2013 (78 FR 6251). For certain airplanes, the NPRM proposed to require repetitive inspections of the MLG pivots, truck beam bushings, and inner cylinder bushings. For all airplanes, the NPRM proposed to require a maintenance program revision, one-time inspections of the MLG truck beam, and related investigative and corrective actions (including configuration changes) if necessary; accomplishment of these actions would terminate the repetitive inspections. Comments We gave the public the opportunity to participate in developing this AD. The PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 following presents the comments received on the proposal (78 FR 6251, January 30, 2013) and the FAA’s response to each comment. Support for NPRM (78 FR 6251, January 30, 2013) American Airlines (American) noted no issue with this proposed AD (78 FR 6251, January 30, 2013), and reported that the proposed compliance time will allow the work to be done during normal gear overhaul. Request To Clarify Applicability Aviation Partners Boeing (APB) stated that the installation of winglets per supplemental type certificate (STC) ST01920SE (http://rgl.faa.gov/ Regulatory_and_Guidance_Library/ rgstc.nsf/0/ 082838ee177dbf62862576a4005cdfc0/ $FILE/ST01920SE.pdf) does not affect the accomplishment of the manufacturer’s service instructions. Delta Airlines (Delta) noted that several previous ADs have included similar information about the APB winglet modification, and requested that we clarify the applicability of the NPRM (78 FR 6251, January 30, 2013) by including this provision. We agree. We have re-designated paragraph (c) as (c)(1) and added paragraph (c)(2) to this final rule, which states that STC ST01920SE (http:// rgl.faa.gov/Regulatory_and_Guidance_ Library/rgstc.nsf/0/ 082838ee177dbf62862576a4005cdfc0/ $FILE/ST01920SE.pdf) does not affect the ability to accomplish the actions required by this AD. Therefore, for airplanes on which STC ST01920SE is installed, a ‘‘change in product’’ alternative method of compliance (AMOC) approval request is not necessary to comply with the requirements of Section 39.17 of the Federal Aviation Regulations (14 CFR 39.17). For all other AMOC requests, the operator must request approval of an AMOC in accordance with the procedures specified in paragraph (n) of this AD. Request To Extend Compliance Time UPS requested that we revise paragraph (g) of the NPRM (78 FR 6251, January 30, 2013) to specify the repetitive interval for the lubrication schedule (as referenced in Boeing Service Bulletin 767–32A0227, Revision 1, dated September 13, 2012). UPS stated that changing the current interval (14 days or 50 flight cycles) to 650 flight hours would provide adequate lubrication and a simplified method of tracking compliance with the lubrication interval. UPS stated that the E:\FR\FM\03OCR1.SGM 03OCR1

Agencies

[Federal Register Volume 78, Number 192 (Thursday, October 3, 2013)]
[Rules and Regulations]
[Pages 61161-61164]
From the Federal Register Online via the Government Printing 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.

-----------------------------------------------------------------------

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: nenita.odesa@faa.gov.

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
----------------------------------------------------------------------------------------------------------------
                                                                                    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.
----------------------------------------------------------------------------------------------------------------

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: 
nenita.odesa@faa.gov.

(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 dse.boecom@boeing.com; 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