[Federal Register Volume 59, Number 231 (Friday, December 2, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28885]


[[Page Unknown]]

[Federal Register: December 2, 1994]


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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 94-NM-26-AD; Amendment 39-9076; AD 94-24-03]

 

Airworthiness Directives; McDonnell Douglas Model DC-10-10, -15, 
-30, and -40 Series Airplanes, KC-10A (Military) Airplanes, and Model 
MD-11 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain McDonnell Douglas Model DC-10-10, -15, -30, and -
40 series airplanes, KC-10A (military) airplanes, and Model MD-11 
series airplanes, that requires the installation of retainers and 
supports at the lateral control mixer bracket on the center of the wing 
rear spar of the airplane. This amendment is prompted by an analysis 
conducted by the manufacturer, which revealed that failure of a lateral 
control mixer bracket could result in uncommanded deployment of the 
spoiler. The actions specified by this AD are intended to prevent 
inadvertent asymmetric deployment of the spoiler, which may lead to 
reduced controllability of the airplane.

DATES: Effective January 3, 1995.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of January 3, 1995.
ADDRESSES: The service information referenced in this AD may be 
obtained from McDonnell Douglas Corporation, P.O. Box 1771, Long Beach, 
California 90801-1771, Attention: Business Unit Manager, Technical 
Administrative Support, Department L51, M.C. 2-98. This information may 
be examined at the Federal Aviation Administration (FAA), Transport 
Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton, 
Washington; or at the FAA, Transport Airplane Directorate, Los Angeles 
Aircraft Certification Office, 3229 East Spring Street, Long Beach, 
California; or at the Office of the Federal Register, 800 North Capitol 
Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Wahib Mina, Aerospace Engineer, 
Airframe Branch, ANM-121L, FAA, Transport Airplane Directorate, Los 
Angeles Aircraft Certification Office, 3229 East Spring Street, Long 
Beach, California 90806-2425; telephone (310) 988-5324; fax (310) 988-
5210.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain McDonnell Douglas Model 
DC-10 and MD-11 series airplanes series airplanes was published in the 
Federal Register on June 7, 1994 (59 FR 29391). That action proposed to 
require the installation of retainers and supports at the lateral 
control mixer bracket on the center of the wing rear spar of the 
airplane.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.
    Two commenters support the proposal.
    Several commenters request that the compliance time for installing 
the spoiler mixer bracket retainers be extended from the proposed 12 
months to 18 or 24 months. These commenters state that such an 
extension will allow operators to accomplish the installations during a 
regularly scheduled heavy maintenance visit. This will reduce the 
impact of non-scheduled maintenance and removal of aircraft from 
service, and prevent the consequent inconvenience to the traveling 
public. The commenters point out that safety will not be compromised by 
extending the compliance time, since the repetitive inspections of the 
mixer bracket assembly at intervals of 1,500 cycles, as are currently 
required by AD 92-16-03, will maintain the structural integrity of the 
mixer bracket assembly in the interim.
    The FAA concurs that the compliance time can be extended somewhat. 
The FAA's intent was that the inspections be conducted during a 
regularly scheduled maintenance visit for the majority of the affected 
fleet, when the airplanes would be located at a base where special 
equipment and trained personnel would be readily available, if 
necessary. Based on the information supplied by the commenters, the FAA 
now recognizes that 18 months corresponds more closely to the interval 
representative of most of the affected operators' normal maintenance 
schedules. Paragraph (a) of the final rule has been revised to reflect 
a compliance time of 18 months. The FAA does not consider that this 
extension will adversely affect safety, since the mandatory repetitive 
inspections of the area, as required by AD 92-16-03 will ensure that 
any discrepancies will be identified and corrected in the interim.
    The FAA has recently reviewed the figures it has used over the past 
several years in calculating the economic impact of AD activity. In 
order to account for various inflationary costs in the airline 
industry, the FAA has determined that it is necessary to increase the 
labor rate used in these calculations from $55 per work hour to $60 per 
work hour. The economic impact information below has been revised to 
reflect this increase in the specified hourly labor rate.

[Note: As a result of recent communications with the Air Transport 
Association (ATA) of America, the FAA has learned that, in general, 
some operators may misunderstand the legal effect of AD's on 
airplanes that are identified in the applicability provision of the 
AD, but that have been altered or repaired in the area addressed by 
the AD. Under these circumstances, at least one operator appears to 
have incorrectly assumed that its airplane was not subject to an AD. 
On the contrary, all airplanes identified in the applicability 
provision of an AD are legally subject to the AD. If an airplane has 
been altered or repaired in the affected area in such a way as to 
affect compliance with the AD, the owner or operator is required to 
obtain FAA approval for an alternative method of compliance with the 
AD, in accordance with the paragraph of each AD that provides for 
such approvals. A note has been added to this final rule to clarify 
this requirement.]

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the changes previously 
described. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.
    There are approximately 427 Model DC-10-10, -15, -30, and -40 
series airplanes and KC-10A (military) airplanes of the affected design 
in the worldwide fleet. The FAA estimates that 241 airplanes of U.S. 
registry will be affected by this AD, that it will take approximately 3 
work hours per airplane to accomplish the required actions, and that 
the average labor rate is $60 per work hour. Required parts will cost 
approximately $6,497 per airplane. Based on these figures, the total 
cost impact of the AD on U.S. operators is estimated to be $1,609,157, 
or $6,677 per airplane.
    There are approximately 114 Model MD-11 series airplanes of the 
affected design in the worldwide fleet. The FAA estimates that 46 
airplanes of U.S. registry will be affected by this AD, that it would 
take approximately 3 work hours per airplane to accomplish the proposed 
actions, and that the average labor rate is $60 per work hour. Required 
parts would cost approximately $6,497 per airplane. Based on these 
figures, the total cost impact of the proposed AD on U.S. operators of 
Model MD-11 series airplanes is estimated to be $307,142, or $6,677 per 
airplane.
    Based on the figures discussed above, the total cost impact of this 
AD on U.S. operators is $1,916,299. This total cost impact figure is 
based on assumptions that no operator has yet accomplished any of the 
requirements of this AD action, and that no operator would accomplish 
those actions in the future if this AD were not adopted.
    The regulations adopted herein will not have substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, in 
accordance with Executive Order 12612, it is determined that this final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); and (3) will not have a 
significant economic impact, positive or negative, on a substantial 
number of small entities under the criteria of the Regulatory 
Flexibility Act. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (14 CFR part 39) as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. App. 1354(a), 1421 and 1423; 49 U.S.C. 
106(g); and 14 CFR 11.89.


Sec.  39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

94-24-03 McDonnell Douglas: Amendment 39-9076. Docket 94-NM-26-AD.

    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 27-222, dated November 1, 1993; and 
Model MD-11 series airplanes, as listed in McDonnell Douglas MD-11 
Service Bulletin 27-34, dated November 1, 1993; certificated in any 
category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent inadvertent asymmetric deployment of the spoiler, 
which may lead to reduced controllability of the airplane, 
accomplish the following:

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must use the authority 
provided in paragraph (b) to request approval from the FAA. This 
approval may address either no action, if the current configuration 
eliminates the unsafe condition; or different actions necessary to 
address the unsafe condition described in this AD. Such a request 
should include an assessment of the effect of the changed 
configuration on the unsafe condition addressed by this AD. In no 
case does the presence of any modification, alteration, or repair 
remove any airplane from the applicability of this AD.

    (a) Within 18 months after the effective date of this AD, 
install retainers and supports at the lateral control right- and 
left-hand mixer bracket on the center of the wing rear spar of the 
airplane in accordance with McDonnell Douglas DC-10 Service Bulletin 
27-222, dated November 1, 1993 [for Model DC-10-10, -15, -30, and -
40 series airplanes and KC-10A (military) airplanes]; or McDonnell 
Douglas MD-11 Service Bulletin 27-34, dated November 1, 1993 (for 
Model MD-11 series airplanes); as applicable.
    (b) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Los Angeles Aircraft Certification 
Office (ACO), FAA, Transport Airplane Directorate. Operators shall 
submit their requests through an appropriate FAA Principal 
Maintenance Inspector, who may add comments and then send it to the 
Manager, Los Angeles ACO.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Los Angeles ACO.

    (c) Special flight permits may be issued in accordance with 
Secs. 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 
21.197 and 21.199) to operate the airplane to a location where the 
requirements of this AD can be accomplished.
    (d) The installation shall be done in accordance with McDonnell 
Douglas DC-10 Service Bulletin 27-222, dated November 1, 1993 [for 
Model DC-10-10, -15, -30, and -40 series airplanes and KC-10A 
(military) airplanes]; and McDonnell Douglas MD-11 Service Bulletin 
27-34, dated November 1, 1993 (for Model MD-11 series airplanes); as 
applicable. This incorporation by reference was approved by the 
Director of the Federal Register in accordance with 5 U.S.C. 552(a) 
and 1 CFR part 51. Copies may be obtained from McDonnell Douglas 
Corporation, P.O. Box 1771, Long Beach, California 90801-1771, 
Attention: Business Unit Manager, Technical Administrative Support, 
Department L51, M.C. 2-98. Copies may be inspected 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; or at the Office of the Federal Register, 800 
North Capitol Street, NW., suite 700, Washington, DC.
    (e) This amendment becomes effective on January 3, 1995.

    Issued in Renton, Washington, on November 17, 1994.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 94-28885 Filed 12-1-94; 8:45 am]
BILLING CODE 4910-13-U