[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]



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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.

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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