[Federal Register Volume 68, Number 212 (Monday, November 3, 2003)]
[Rules and Regulations]
[Pages 62231-62233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-27320]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-06-AD; Amendment 39-13356; AD 2003-22-08]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model MD-11 and -11F 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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

SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain McDonnell Douglas Model MD-11 and -11F airplanes, 
that requires a one-time inspection of the barrel nut holes of the 
upper spar caps and skin panel of the horizontal stabilizer for 
corrosion, and follow-on and corrective actions if necessary. This 
action is necessary to prevent such corrosion, which could result in 
structural damage and consequent reduced controllability of the 
airplane. This action is intended to address the identified unsafe 
condition.

DATES: Effective December 8, 2003.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of December 8, 2003.

ADDRESSES: The service information referenced in this AD may be 
obtained from Boeing Commercial Airplane Group, Long Beach Division, 
3855 Lakewood Boulevard, Long Beach, California 90846, Attention: Data 
and Service Management, Dept. C1-L5A (D800-0024). 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, 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: Ron Atmur, Aerospace Engineer, 
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification 
Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137; 
telephone (562) 627-5224; fax (562) 627-5210.

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 
MD-11 and -11F airplanes was published in the Federal Register on May 
29, 2003 (68 FR 32001). That action proposed to require a one-time 
inspection of the barrel nut holes of the upper spar caps and skin 
panel of the horizontal stabilizer for corrosion, and follow-on and 
corrective actions if necessary.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comment received.

Request To Extend Compliance Time

    The commenter requests that the compliance time for the proposed 
one-time inspection be extended from 18 months to 36 months, and that 
the proposed AD be revised to include a new revision to the referenced 
service

[[Page 62232]]

bulletin. The commenter states that it has inspected over 10 percent of 
its fleet, during which all three corrosion conditions were found. 
Finding these conditions caused the commenter to do a more extensive 
inspection. To accomplish the more extensive inspection, the commenter 
asserts that it takes an average of 1,650 work hours per airplane, and 
approximately 5,000 work hours for earlier manufactured airplanes. In 
light of the more extensive inspection, the commenter states that a 
compliance time of 36 months would be more realistic.
    In addition, the commenter states that the manufacturer is revising 
Boeing Service Bulletin MD11-55-023 (which was referenced as the 
appropriate source of service information for the actions specified in 
the proposed AD) to incorporate a more extensive inspection along with 
an extended compliance time. The recommended compliance time for the 
more extensive inspection (Phase II) would be at the next scheduled 
heavy maintenance check or within 6 years after the Phase I inspection 
(specified in the proposed AD). Therefore, the commenter asserts that 
the proposed AD should be revised to include the new service bulletin 
revision for accomplishment of the more extensive inspection.
    From these statements, the FAA infers that the commenter is 
requesting that the proposed AD also be revised to include a more 
extensive inspection for which they are requesting an extended 
compliance time. We do not agree that the 18-month compliance time 
should be extended or that a more extensive inspection should be added 
to the proposed AD. We have determined that the required inspection is 
sufficient to ensure an adequate level of safety for the transport 
fleet. We have coordinated this issue with the manufacturer and have 
determined that the 18-month compliance time is appropriate for the 
inspection method specified in this final rule. However, we may 
consider additional rulemaking to mandate a more extensive inspection 
and compliance time once the manufacturer has issued, and we have 
reviewed and approved, a revision of the service bulletin incorporating 
such an inspection. No change has been made to this final rule in this 
regard.
    We note that the commenter has been proactive in accomplishing a 
more thorough inspection than was specified in the proposed AD. Under 
the provisions of paragraph (b) of this final rule, we may consider 
requests for alternative methods of compliance or adjustments to the 
compliance time if data are submitted to substantiate that such methods 
or adjustments would provide an acceptable level of safety.

Conclusion

    After careful review of the available data, including the comment 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule as proposed.

Changes to 14 CFR Part 39/Effect on the AD

    On July 10, 2002, the FAA issued a new version of 14 CFR part 39 
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness 
directives system. The regulation now includes material that relates to 
altered products, special flight permits, and alternative methods of 
compliance. However, for clarity and consistency in this final rule, we 
have retained the language of the NPRM regarding that material.

Change to Labor Rate Estimate

    We have reviewed the figures we have used over the past several 
years to calculate AD costs to operators. To account for various 
inflationary costs in the airline industry, we find it necessary to 
increase the labor rate used in these calculations from $60 per work 
hour to $65 per work hour. The cost impact information, below, reflects 
this increase in the specified hourly labor rate.

Cost Impact

    There are approximately 191 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 66 airplanes of U.S. registry 
will be affected by this AD, that it will take approximately 6 work 
hours per airplane to accomplish the required inspection, and that the 
average labor rate is $65 per work hour. Based on these figures, the 
cost impact of the inspection required by this AD on U.S. operators is 
estimated to be $25,740, or $390 per airplane.
    The cost impact figure discussed above 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 cost impact figures discussed 
in AD rulemaking actions represent only the time necessary to perform 
the specific actions actually required by the AD. These figures 
typically do not include incidental costs, such as the time required to 
gain access and close up, planning time, or time necessitated by other 
administrative actions.

Regulatory Impact

    The regulations adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    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

0
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

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

2003-22-08 McDonnell Douglas: Amendment 39-13356. Docket 2002-NM-06-
AD.

    Applicability: Model MD-11 and -11F airplanes, as listed in 
Boeing Service Bulletin MD11-55-023, dated November 28, 2001; 
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 request approval for an 
alternative method of compliance in

[[Page 62233]]

accordance with paragraph (b) of this AD. The request should include 
an assessment of the effect of the modification, alteration, or 
repair on the unsafe condition addressed by this AD; and, if the 
unsafe condition has not been eliminated, the request should include 
specific proposed actions to address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent corrosion of the barrel nut holes of the upper spar 
caps and skin panel of the horizontal stabilizer, which could result 
in structural damage and consequent reduced controllability of the 
airplane, accomplish the following:

One-Time Inspection/ Follow-on and Corrective Actions

    (a) Within 18 months or 6,000 flight hours after the effective 
date of this AD, whichever is later: Do a one-time detailed 
inspection of the barrel nut holes of the upper spar caps and skin 
panel of the horizontal stabilizer for corrosion, per Boeing Service 
Bulletin MD11-55-023, including Appendix A, dated November 28, 2001. 
Before further flight, do the actions required by paragraph (a)(1), 
(a)(2), (a)(3), or (a)(4) of this AD, as applicable.

    Note 2: For the purposes of this AD, a detailed inspection is 
defined as: ``An intensive visual examination of a specific 
structural area, system, installation, or assembly to detect damage, 
failure, or irregularity. Available lighting is normally 
supplemented with a direct source of good lighting at intensity 
deemed appropriate by the inspector. Inspection aids such as mirror, 
magnifying lenses, etc., may be used. Surface cleaning and elaborate 
access procedures may be required.''

    (1) If no corrosion is found: Clean, seal, and tape the barrel 
nut holes per Figure 4 of the service bulletin.
    (2) If corrosion is found that does not exceed the limits 
specified in Figure 2 of the service bulletin: Remove and retain the 
barrel nuts and bolts, remove the corrosion of the barrel nut hole, 
seal and tape the holes per Figure 4 of the service bulletin, and 
reinstall the barrel nuts and bolts per Figure 2 of the service 
bulletin.
    (3) If corrosion is found that does not exceed 0.060 inch on the 
barrel nut bottom: Remove and retain the barrel nuts and bolts, 
remove the corrosion, fabricate and install bushings, seal and tape 
the holes per Figure 4 of the service bulletin, and reinstall the 
barrel nuts and bolts per Figure 2 of the service bulletin.
    (4) If corrosion is found in the barrel nut bearing area, and/or 
corrosion exceeds the dimensional limits for each hole specified in 
Figure 2 of service bulletin: Repair in accordance with a method 
approved by the Manager, Los Angeles Aircraft Certification Office 
(ACO), FAA.

Alternative Methods of Compliance

    (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 ACO. 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 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Los Angeles ACO.

Special Flight Permit

    (c) 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.

Incorporation by Reference

    (d) Unless otherwise specified in this AD, the actions shall be 
done in accordance with Boeing Service Bulletin MD11-55-023, 
including Appendix A, dated November 28, 2001. 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 Boeing Commercial Airplane Group, Long Beach Division, 
3855 Lakewood Boulevard, Long Beach, California 90846, Attention: 
Data and Service Management, Dept. C1-L5A (D800-0024). 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, 3960 Paramount Boulevard, Lakewood, 
California; or at the Office of the Federal Register, 800 North 
Capitol Street, NW., suite 700, Washington, DC.

Effective Date

    (e) This amendment becomes effective on December 8, 2003.

    Issued in Renton, Washington, on October 24, 2003.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-27320 Filed 10-31-03; 8:45 am]
BILLING CODE 4910-13-P