[Federal Register Volume 60, Number 148 (Wednesday, August 2, 1995)]
[Rules and Regulations]
[Pages 39245-39247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18586]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 95-NM-123-AD; Amendment 39-9324; AD 95-16-05]


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 adopts a new airworthiness directive (AD) that 
is applicable to certain McDonnell Douglas Model MD-11 series 
airplanes. This action requires an inspection to identify defective 
lower drag links on the nose landing gear (NLG), and replacement of 
defective drag links with new parts. This amendment is prompted by a 
report indicating that a potential failure condition of the lower drag 
link on the NLG could occur due to improper de-embrittlement treatment 
of the drag link during manufacturing. The actions specified in this AD 
are intended to prevent collapse of the NLG due to failure of the lower 
drag link as a result of improper de-embrittlement treatment of the 
drag link.

DATES: Effective August 17, 1995.

    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of August 17, 1995.
    Comments for inclusion in the Rules Docket must be received on or 
before October 2, 1995.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 95-NM-123-AD, 1601 Lind Avenue SW., Renton, 
Washington 98055-4056.
    The service information referenced in this AD may be obtained from 
McDonnell Douglas Corporation, 3855 Lakewood Boulevard, Long Beach, 
California 90846, Attention: Technical Publications Business 
Administration, Department C1-L51 (2-60). This information may be 
examined at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, 
SW., Renton, Washington; or at the FAA, Los Angeles Aircraft 
Certification Office, Transport Airplane Directorate, 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, 
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification 
Office, 3960 Paramount Boulevard, Lakewood, California 90712; telephone 
(310) 627-5324; fax (310) 627-5210.

SUPPLEMENTARY INFORMATION: The FAA received a report indicating that a 
potential failure condition exists relative to the lower drag link 
(assembly part number ACG7208-507 and detail part number ACG7208-17) of 
the nose landing gear (NLG) installed on McDonnell Douglas Model MD-11 
series airplanes. This condition is the result of improper de-
embrittlement treatment of a certain batch of drag links during 
manufacturing. The discrepant drag links are identifiable by serial 
number. Failure of the lower drag link on the NLG, if not corrected, 
could result in collapse of the NLG.
    The FAA has reviewed and approved McDonnell Douglas Alert Service 
Bulletin MD11-32A058, dated June 30, 1995, which describes procedures 
for a one-time visual inspection to identify defective lower drag links 
on the NLG, and replacement of defective drag links with new parts. The 
inspection involves identifying the serial number of the lower drag 
links. Replacement of any defective drag link found will minimize the 
possibility of failure of the lower drag link and subsequent collapse 
of the NLG.
    Since an unsafe condition has been identified that is likely to 
exist or develop on other Model MD-11 series airplanes of the same type 
design, this AD is being issued to prevent collapse of the NLG due to 
failure of the lower drag link on the NLG.
    This AD requires a one-time visual inspection to identify defective 
lower drag links on the NLG, and replacement of defective drag links 
with new parts. The actions are required to be accomplished in 
accordance with the alert service bulletin described previously.
    This AD also requires that operators submit a report of inspection 
results to the FAA.
    This AD requires that the inspection be accomplished within 120 
days. A compliance time of 120 days is usually sufficient to provide 
for a brief period for public comment before the adoption of a final 
rule. In this AD, however, that compliance time was selected because 

[[Page 39246]]
of a short-term problem with availability of sufficient replacement 
parts if defective parts are found; a shorter compliance time might 
have resulted in the unnecessary removal of airplanes from service 
pending delivery of replacement parts. Nevertheless, the FAA has 
determined that immediate adoption of this rule is necessary in this 
case because of the importance of initiating the required inspection 
and eliminating the discrepant parts from the fleet as soon as 
possible.
    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-123-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 USC 106(g), 40101, 40113, 44701.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:
95-16-05  McDonnell Douglas: Amendment 39-9324. Docket 95-NM-123-AD.

    Applicability: Model MD-11 series airplanes, manufacturer's 
fuselage numbers 0447 through 0527 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 repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must use the authority 
provided in paragraph (d) of this AD 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 collapse of the nose landing gear (NLG) due to 
failure of the lower drag link on the NLG, accomplish the following:
    (a) Within 120 days after the effective date of this AD, perform 
a visual inspection to identify the serial number of the lower drag 
link (assembly part number ACG7208-507 and detail part number 
ACG7208-17) on the NLG, in accordance with McDonnell Douglas Alert 
Service Bulletin MD11-32A058, dated June 30, 1995. Prior to further 
flight, replace any lower drag link having a serial number 
identified in Figure 1 of the alert service bulletin with a new part 
having a serial number other than those identified in Figure 1 of 
the alert service bulletin. Perform the replacement in accordance 
with the alert service bulletin.
    (b) Within 10 days after accomplishing the inspection required 
by this AD, report inspection results, positive or negative, to the 
Manager, Los Angeles Aircraft Certification Office (ACO), FAA, 
Transport Airplane Directorate, 3960 Paramount Boulevard, Lakewood, 
California 90712; fax (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.
    (c) After the effective date of this AD, no person shall install 
on the NLG of any airplane a lower drag link (assembly part number 
ACG7208-507 and detail part number ACG7208-17) having a serial 
number identified in Figure 1 of McDonnell Douglas 

[[Page 39247]]
Alert Service Bulletin MD11-32A058, dated June 30, 1995.
    (d) 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.

    (e) Special flight permits may be issued in accordance with 
sections 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.
    (f) The inspection and replacement shall be done in accordance 
with McDonnell Douglas Alert Service Bulletin MD11-32A058, dated 
June 30, 1995. 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, 3855 Lakewood Boulevard, Long Beach, California 90846, 
Attention: Technical Publications Business Administration, 
Department C1-L51 (2-60). Copies may be inspected at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington; or at the FAA, Los Angeles Aircraft Certification 
Office, Transport Airplane Directorate, 3960 Paramount Boulevard, 
Lakewood, California; or at the Office of the Federal Register, 800 
North Capitol Street NW., suite 700, Washington, DC.

    (g) This amendment becomes effective on August 17, 1995.

    Issued in Renton, Washington, on July 24, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 95-18586 Filed 8-1-95; 8:45 am]
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