[Federal Register Volume 60, Number 41 (Thursday, March 2, 1995)]
[Rules and Regulations]
[Pages 11623-11625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4983]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 95-NM-21-AD; Amendment 39-9167; AD 95-04-15]
Airworthiness Directives; McDonnell Douglas Model MD-11 Series
Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This amendment supersedes an existing airworthiness directive
(AD), applicable to certain McDonnell Douglas Model MD-11 series
airplanes, that currently requires inspection to detect cracking of the
outboard and inboard surfaces of the upper spar angles of certain wing
pylons, and repair of any cracked upper spar angles. This amendment
requires repetitive inspections to detect cracking of the upper spar
angles, and revision of the applicability to exclude an airplane and to
include certain other airplanes. This amendment is prompted by an
additional report of cracking of the upper inboard spar cap. The
actions specified in this AD are intended to prevent reduced structural
integrity of the airplane due to cracking in the subject areas.
DATES: Effective March 17, 1995.
The incorporation by reference of McDonnell Douglas Alert Service
Bulletin MD11-54A049, Revision 1, dated February 7, 1995, as listed in
the regulations, is approved by the Director of the Federal Register as
of March 17, 1995.
The incorporation by reference of McDonnell Douglas MD-11 Alert
Service Bulletin A54-49, dated December 2, 1994, as listed in the
regulations, was approved previously by the Director of the Federal
Register as of January 12, 1995 (59 FR 66669, December 28, 1994).
Comments for inclusion in the Rules Docket must be received on or
before May 1, 1995.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 95-NM-21-AD, 1601 Lind Avenue SW., Renton,
Washington 98055-4056.
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, Dept. L51, M.C. 2-98. 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; 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, ANM-
121L, FAA, Transport Airplane Directorate, Los Angeles Aircraft
Certification Office, 3960 Paramount Boulevard, Lakewood, California
90712; telephone (310) 627-5324; fax (310) 627-5210.
SUPPLEMENTARY INFORMATION: On December 20, 1994, the FAA issued AD 94-
26-11, amendment 39-9106 (59 FR 66669, December 28, 1994), applicable
to certain McDonnell Douglas Model MD-11 series airplanes. That AD
requires a visual inspection to detect cracking of the outboard and
inboard surfaces of the upper spar angles on the number 1 and number 3
wing pylons, and repair of any cracked upper spar angles. That AD also
requires that operators report the results of the visual inspection to
the FAA. That action was prompted by a report of cracking in the upper
spar cap of the wing pylon. The actions required by that AD are
intended to prevent reduced structural integrity of the airplane due to
cracking of the upper spar cap.
Since the issuance of that AD, another operator of McDonnell
Douglas Model MD-11 series airplanes has reported that, while
accomplishing the inspection required by AD 94-26-11, a crack was found
on the upper inboard spar cap of the number 3 wing pylon. Investigation
revealed that the solution heat treatment was omitted during the
manufacturing process of the spar caps. Therefore, these spar caps are
believed to be particularly susceptible to stress corrosion cracking.
As a result of this latest report, McDonnell Douglas conducted a
crack analysis of the upper spar caps. The FAA has reviewed the data
gathered from this analysis and has determined that, to maintain the
safety of the Model MD-11 fleet, repetitive inspections must be
performed to detect cracking in the critical areas of the spar cap.
Further, investigation revealed that one airplane, manufacturer's
fuselage number 574, is not subject to this unsafe condition since it
was inspected prior to delivery, and subsequently, discrepant spar caps
were replaced with non-suspect parts. Additionally, the manufacturer
has identified three additional airplanes, manufacturer's fuselage
numbers 576, 577, and 578, that are subject to unsafe condition
[[Page 11624]] since the discrepant spar caps were installed on these
airplanes.
Cracking of the spar angles, if not detected and corrected in a
timely manner, could result in damage to the immediately adjacent
structure, which would reduce structural integrity of the airplane.
The FAA has reviewed and approved McDonnell Douglas Alert Service
Bulletin MD11-54A049, Revision 1, dated February 7, 1995. Revision 1
differs from the original issue of the service bulletin, which was
referenced in the existing AD as the appropriate source of service
information. Revision 1 describes procedures for initial and repetitive
visual inspections to detect cracking of the outboard and inboard
surfaces of the upper spar angles on the number 1 and number 3 wing
pylons, including the critical areas of the spar angle. Revision 1 also
revises the effectivity to exclude one airplane and to add three
additional airplanes.
Since an unsafe condition has been identified that is likely to
exist or develop on other airplanes of this same type design, this AD
supersedes AD 94-26-11 to require initial and repetitive visual
inspections to detect cracking of the outboard and inboard surfaces of
the upper spar angles on the number 1 and number 3 wing pylons, in
accordance with the alert service bulletin described previously.
Cracked upper spar angles are required to be repaired in accordance
with a method approved by the FAA.
This AD also requires that operators report the results of the
initial and repetitive visual inspections to the FAA. In concert with
the manufacturer's ongoing investigation, the FAA intends to use these
reports to develop, review, and approve corrective action that would
terminate the need for the repetitive inspections required by this AD.
Therefore, depending upon the results of these reports, further
corrective action may be warranted.
This is considered to be interim action until final action is
identified, at which time the FAA may consider further rulemaking.
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. The FAA
points out that 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 included in this rule to clarify this long-standing requirement.
Since a situation exists that requires the immediate adoption of
this regulation, it is found that notice and opportunity for prior
public comment hereon are impracticable, and that good cause exists for
making this amendment effective in less than 30 days.
Comments Invited
Although this action is in the form of a final rule that involves
requirements affecting flight safety and, thus, was not preceded by
notice and an opportunity for public comment, comments are invited on
this rule. Interested persons are invited to comment on this 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 under the caption ADDRESSES. All
communications received on or before the closing date for comments will
be considered, and this rule may be amended in light of the comments
received. Factual information that supports the commenter's ideas and
suggestions is extremely helpful in evaluating the effectiveness of the
AD action and determining whether additional rulemaking action would be
needed.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the 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 that
summarizes each FAA-public contact concerned with the substance of this
AD will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this rule must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 95-NM-21-AD.'' The postcard will be date stamped and
returned to the commenter.
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.
The FAA has determined that this regulation is an emergency
regulation that must be issued immediately to correct an unsafe
condition in aircraft, and that it is not a ``significant regulatory
action'' under Executive Order 12866. It has been determined further
that this action involves an emergency regulation under DOT Regulatory
Policies and Procedures (44 FR 11034, February 26, 1979). If it is
determined that this emergency regulation otherwise would be
significant under DOT Regulatory Policies and Procedures, a final
regulatory evaluation will be prepared and placed in the Rules Docket.
A copy of it, if filed, 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 removing amendment 39-9106 (59 FR
66669, December 28, 1994), and by adding a new airworthiness directive
(AD), amendment 39-9167, to read as follows:
95-04-15 McDonnell Douglas: Amendment 39-9167. Docket 95-NM-21-AD.
Supersedes AD 94-26-11, Amendment 39-9106.
Applicability: Model MD-11 series airplanes having
manufacturer's fuselage number 447 through 573 inclusive, and 575
through 578 inclusive; 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 [[Page 11625]] repaired so that the performance of the
requirements of this AD is affected, the owner/operator must use the
authority provided in paragraph (e) 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.
Compliance: Required as indicated, unless accomplished
previously.
To prevent reduced structural integrity of the airplane,
accomplish the following:
(a) For airplanes listed in McDonnell Douglas MD-11 Alert
Service Bulletin A54-49, dated December 2, 1994, accomplish the
requirements of paragraphs (a)(1) and (a)(2) of this AD.
(1) Within 30 days after January 12, 1995 (the effective date of
AD 94-26-11, amendment 39-9106), unless accomplished previously
within the last 30 days prior to January 12, 1995, perform a visual
inspection to detect cracking of the outboard and inboard surfaces
of the upper spar angles, part numbers AUB7519-1/-2, on the number 1
and number 3 wing pylons, in accordance with McDonnell Douglas MD-11
Alert Service Bulletin A54-49, dated December 2, 1994.
(2) At the applicable time specified in either paragraph
(a)(2)(i) or (a)(2)(ii) of this AD, submit a report of the results
(both positive and negative findings) of the inspection required by
paragraph (a) of this AD to the Manager, Los Angeles Aircraft
Certification Office (ACO), FAA, Transport Airplane Directorate,
3960 Paramount Boulevard, Lakewood, California 90712; or fax the
report to (310) 627-5210. Information collection requirements
contained in this regulation have been approved by the Office of
Management and Budget (OMB) under the provisions of the Paperwork
Reduction Act of 1980 (44 U.S.C. 3501 et seq.) and have been
assigned OMB Control Number 2120-0056.
(i) For airplanes on which the inspection required by paragraph
(a) of this AD is accomplished after January 12, 1995: Submit the
report within 10 days after performing the inspection required by
paragraph (a) of this AD.
(ii) For airplanes on which the inspection required by paragraph
(a) of this AD is accomplished prior to January 12, 1995: Submit the
report within 10 days after January 12, 1995.
(b) For airplanes listed in McDonnell Douglas Alert Service
Bulletin MD11-54A049, Revision 1, dated February 7, 1995, accomplish
the requirements of paragraphs (b)(1) and (b)(2) of this AD.
(1) Within 30 days after the effective date of this AD, or
within 60 days after accomplishing the visual inspection required by
paragraph (a) of this AD, whichever occurs later, perform a visual
inspection to detect cracking of the outboard and inboard surfaces
of the upper spar angles, part numbers AUB7519-1/-2, on the number 1
and number 3 wing pylons, in accordance with McDonnell Douglas Alert
Service Bulletin MD11-54A049, Revision 1, dated February 7, 1995.
Repeat this inspection thereafter, prior to further flight,
following each incident of excessive maneuver, turbulence overload
(as defined in MD-11 Aircraft Maintenance Manual, chapter 05-51-01),
or hard landing (as defined in MD-11 Aircraft Maintenance Manual,
chapter 05-51-03).
(2) At the applicable time specified in either paragraph
(b)(2)(i) or (b)(2)(ii) of this AD, submit a report of the results
(both positive and negative findings) of the inspections required by
paragraph (b) of this AD to the Manager, Los Angeles ACO, FAA,
Transport Airplane Directorate, 3960 Paramount Boulevard, Lakewood,
California 90712; or fax the report to (310) 627-5210. Information
collection requirements contained in this regulation have been
approved by the Office of Management and Budget (OMB) under the
provisions of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et
seq.) and have been assigned OMB Control Number 2120-0056.
(i) For airplanes on which the inspection required by paragraph
(b) of this AD is accomplished after the effective date of this AD:
Submit the report within 10 days after performing any of the
inspections required by paragraph (b) of this AD.
(ii) For airplanes on which the inspection required by paragraph
(b) of this AD is accomplished prior to the effective date of this
AD: Submit the report within 10 days after the effective date of
this AD.
(c) If no cracking is detected during the inspections required
by paragraphs (a) and (b) of this AD, repeat the inspection required
by paragraph (b) of this AD thereafter at intervals not to exceed 60
days or 300 landings, whichever occurs first, in accordance with
McDonnell Douglas Alert Service Bulletin MD11-54A049, Revision 1,
dated February 7, 1995.
(d) If any cracking is detected during the inspection required
by either paragraph (a) or (b) of this AD, prior to further flight,
repair in accordance with a method approved by the Manager, Los
Angeles ACO, FAA, Transport Airplane Directorate.
(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, 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.
(f) 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.
(g) The inspections shall be done in accordance with McDonnell
Douglas MD-11 Alert Service Bulletin MD11-54A049, Revision 1, dated
February 7, 1995, and McDonnell Douglas MD-11 Alert Service Bulletin
A54-49, dated December 2, 1994. The incorporation by reference of
McDonnell Douglas Alert Service Bulletin MD11-54A049, Revision 1,
dated February 7, 1995, is approved by the Director of the Federal
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The
incorporation by reference of McDonnell Douglas MD-11 Alert Service
Bulletin A54-49, dated December 2, 1994, was approved previously by
the Director of the Federal Register in accordance with 5 U.S.C.
552(a) and 1 CFR part 51 as of January 12, 1995 (59 FR 66669,
December 28, 1994). Copies may be obtained from McDonnell Douglas
Corporation, P.O. Box 1771, Long Beach, California 90801-1771,
Attention: Business Unit Manager, Technical Administrative Support,
Dept. 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.
(h) This amendment becomes effective on March 17, 1995.
Issued in Renton, Washington, on February 23, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 95-4983 Filed 3-1-95; 8:45 am]
BILLING CODE 4910-13-U