[Federal Register Volume 60, Number 161 (Monday, August 21, 1995)]
[Proposed Rules]
[Pages 43415-43417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20630]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 95-NM-114-AD]
Airworthiness Directives; McDonnell Douglas Model MD-11 Series
Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes the supersedure of an existing
airworthiness directive (AD), applicable to certain McDonnell Douglas
Model MD-11 series airplanes, that currently requires visual
inspections to detect cracking of the outboard and inboard surfaces of
the upper spar angles of the wing pylons, and repair of any cracked
upper spar angles. This action would require eddy current inspections
to detect cracking of the upper spar angles on the left and right sides
of the wing pylons, and replacement of the spar angles as terminating
action for the inspections. This proposal is prompted by the
development of a modification that positively addresses the unsafe
condition. The actions specified by the proposed AD are intended to
prevent loss of load-carrying and fail-safe capability of the upper
inboard spar cap of the wing pylon, which could subsequently reduce the
structural integrity of the airplane.
DATES: Comments must be received by October 17, 1995.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 95-NM-114-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056. Comments may be inspected at this
location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except
Federal holidays.
The service information referenced in the proposed rule 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, Transport Airplane
Directorate, Los Angeles Aircraft Certification Office, 3960 Paramount
Boulevard, Lakewood, California.
FOR FURTHER INFORMATION CONTACT: Wahib Mina, Aerospace Engineer,
Systems and Equipment Branch, ANM-130L, FAA, Los Angeles Aircraft
Certification Office, 3960 Paramount Boulevard, Lakewood, California
90712; telephone (310) 627-5324; fax (310) 627-5210.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to participate in the making of the
proposed 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 above. All
communications received on or before the closing date for comments,
specified above, will be considered before taking action on the
proposed rule. The proposals contained in this notice may be changed in
light of the comments received.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the proposed 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 summarizing each FAA-public contact concerned with
the substance of this proposal will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this notice must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 95-NM-114-AD.'' The postcard will be date stamped and
returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the FAA, Transport Airplane Directorate, ANM-103, Attention: Rules
Docket No. 95-NM-114-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
On February 23, 1995, the FAA issued AD 95-04-15, amendment 39-9167
(60 FR 11623, March 2, 1995), which is applicable to certain McDonnell
Douglas Model MD-11 series airplanes. That AD requires 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. That AD also requires repair of cracked upper spar angles.
Additionally, that AD requires that operators report the results of the
initial and repetitive visual inspections to the FAA. That AD action
was prompted by a report of cracking of the upper inboard spar cap. The
requirements of that AD are intended to prevent reduced structural
integrity of the airplane due to cracking in the upper inboard spar
cap.
Since the issuance of that AD, the FAA has reviewed and approved
McDonnell Douglas Alert Service Bulletin MD11-54A049 R03, Revision 3,
dated May 18, 1995, which describes procedures for 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. It also describes
procedures for eddy current inspections to detect cracking on the
forward end of the left and right sides of the upper spar angles on the
number 1 and number 3 wing pylons.
The FAA has also reviewed and approved McDonnell Douglas Service
Bulletin MD11-54-049 R01, Revision 1, dated May 18, 1995, which
describes procedures for replacement of the upper spar angles on the
left and right sides of the number 1 and number 3 wing pylons.
Accomplishment of this replacement eliminates the need for the
repetitive visual and eddy current inspections of this area.
In the preamble to AD 95-04-15, the FAA indicated that the
repetitive visual inspections required by that AD were considered
``interim action,'' and that additional rulemaking action was being
considered. The FAA has determined that eddy current inspections of the
spar angles and eventual replacement of the spar angles will positively
address the unsafe condition identified as loss of load-carrying and
fail-safe capability of the upper inboard spar cap of the wing
[[Page 43416]]
pylon, which could subsequently reduce the structural integrity of the
airplane. Based on this determination, the FAA finds that further
rulemaking action is indeed necessary, and this proposed rule follows
from that determination.
Since an unsafe condition has been identified that is likely to
exist or develop on other products of this same type design, the
proposed AD would supersede AD 95-04-15 to continue to require 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. It
would also continue to require operators to report inspection results
to the FAA.
The proposed AD would also require eddy current inspections to
detect cracking on the forward end of the left and right sides of the
upper spar angles on the number 1 and number 3 wing pylons, and
replacement of the upper spar angles on the left and right sides of the
number 1 and number 3 wing pylons. Accomplishment of this replacement
would constitute terminating action for the required visual and eddy
current inspections.
The inspection and replacement actions would be required to be
accomplished in accordance with the service bulletins described
previously.
The proposed AD also would require the repair of any cracking found
during either a visual or the eddy current inspection in accordance
with a method approved by the FAA.
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 notice to clarify this long-standing requirement.
There are approximately 123 Model MD-11 series airplanes of the
affected design in the worldwide fleet. The FAA estimates that 47
airplanes of U.S. registry would be affected by this proposed AD.
The visual inspections that are currently required by AD 95-04-15
take approximately 10 work hours per airplane to accomplish, at an
average labor rate of $60 per work hour. Based on these figures, the
total cost impact on U.S. operators of the actions currently required
is estimated to be $28,200, or $600 per airplane.
The eddy current inspections that are proposed in this AD action
would take approximately 10 work hours per airplane to accomplish, at
an average labor rate of $60 per work hour. Based on these figures, the
total cost impact on U.S. operators of this proposed inspection
requirement is estimated to be $28,200 or $600 per airplane.
The new requirement to replace the spar angle that is proposed in
this AD action would take approximately 440 work hours to accomplish
the replacement of one spar angle per wing pylon (with two wing pylons
per airplane), or 550 work hours to accomplish the replacement of two
spar angles per wing pylon (with two wing pylons per airplane), at an
average labor rate of $60 per work hour. Required parts would be
provided by the manufacturer at no cost to the operator. Based on these
figures, the total cost impact on U.S. operators of the proposed
replacement requirement is estimated to be $26,400 to replace one spar
angle per wing pylon (or $52,800 per airplane), or $33,000 to replace
two spar angles per wing pylon (or $66,000 per airplane).
The total cost impact figures discussed above are based on
assumptions that no operator has yet accomplished any of the current or
proposed requirements of this AD action, and that no operator would
accomplish those actions in the future if this AD were not adopted.
The regulations proposed herein would 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
proposal would not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this proposed
regulation (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under the DOT
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);
and (3) if promulgated, 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 copy of the draft
regulatory evaluation prepared for this action is contained in the
Rules Docket. A copy of it may be obtained by contacting the Rules
Docket at the location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend
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 removing amendment 39-9167 (60 FR
11623, March 2, 1995), and by adding a new airworthiness directive
(AD), to read as follows:
McDonnell Douglas: Docket 95-NM-114-AD. Supersedes AD 95-04-15,
Amendment 39-9167.
Applicability: Model MD-11 series airplanes, certificated in any
category, that are listed in the following service bulletins:
--McDonnell Douglas Alert Service Bulletin MD11-54A049 R03, Revision
3, dated May 18, 1995, identified as Groups II, III, and IV
airplanes; and
--McDonnell Douglas Service Bulletin MD11-54-049 R01, Revision 1,
dated May 18, 1995.
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 (e) 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 loss of load-carrying and fail-safe capability of the
upper inboard spar cap
[[Page 43417]]
of the wing pylon, which could subsequently reduce the structural
integrity of the airplane, accomplish the following:
(a) For Groups II, III, and IV airplanes, as listed in McDonnell
Douglas Alert Service Bulletin MD11-54A049 R03, Revision 3, dated
May 18, 1995: Within 30 days after March 17, 1995 (the effective
date of AD 95-04-15, amendment 39-9167), or within 60 days after
accomplishing the immediately preceding visual inspection required
by paragraph (b) of AD 95-04-15, whichever occurs later, perform a
visual inspection to detect cracking of the outboard and inboard
surfaces of the upper spar angles, part numbers (P/N) AUB7519-1/-2,
on the number 1 and number 3 wing pylons, in accordance with
McDonnell Douglas Alert Service Bulletin MD11-54A049 R01, Revision
1, dated February 7, 1995; or McDonnell Douglas Alert Service
Bulletin MD11-54A049 R03, Revision 3, dated May 18, 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).
(1) If no cracking is detected, repeat the visual inspection
thereafter at intervals not to exceed 60 days or 300 landings,
whichever occurs earlier, until the requirements of paragraph (d) of
this AD are accomplished.
(2) If any cracking is detected, prior to further flight, repair
in accordance with a method approved by the Manager, Los Angeles
Aircraft Certification Office (ACO), FAA, Transport Airplane
Directorate.
Note 2: Paragraph (a) of this AD restates the requirement for an
initial and repetitive inspections contained in paragraph (b) of AD
95-04-15. Therefore, for operators who have previously accomplished
at least the initial inspection in accordance with AD 95-04-15,
paragraph (a) of this AD requires that the next scheduled inspection
be performed within 60 days or 300 landings, whichever occurs
earlier, after the last inspection performed in accordance with
paragraph (b) of AD 95-04-15.
(b) For Groups II, III, and IV airplanes, as listed in McDonnell
Douglas Alert Service Bulletin MD11-54A049 R03, Revision 3, dated
May 18, 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 immediately preceding 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, P/N's
AUB7519-1/-2, on the number 1 and number 3 wing pylons, in
accordance with McDonnell Douglas Alert Service Bulletin MD11-54A049
R03, Revision 3, dated May 18, 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).
(i) If no cracking is detected, repeat the visual inspection
thereafter at intervals not to exceed 60 days or 300 landings,
whichever occurs earlier, until the requirements of paragraph (d) of
this AD are accomplished.
(ii) If any cracking is detected, prior to further flight,
repair in accordance with a method approved by the Manager, Los
Angeles ACO, FAA, Transport Airplane Directorate.
(2) Within 15 months after the effective date of this AD,
perform an eddy current inspection to detect cracking of the left
and right angles of the upper spar angles on the forward end, P/N
AUB7519-1/-2, on the number 1 and number 3 wing pylons, in
accordance with McDonnell Douglas Alert Service Bulletin MD11-54A049
R03, Revision 3, dated May 18, 1995.
(i) If no cracking is detected, repeat the eddy current
inspection thereafter at intervals not to exceed 15 months, until
the requirements of paragraph (d) of this AD are accomplished.
(ii) If any cracking is detected, prior to further flight,
repair in accordance with a method approved by the Manager, Los
Angeles ACO.
(c) For Groups II, III, and IV airplanes, as listed in McDonnell
Douglas Alert Service Bulletin MD11-54A049 R03, Revision 3, dated
May 18, 1995: At the applicable time specified in either paragraph
(c)(1) or (c)(2) of this AD, submit a report of the results
(positive findings only) of the inspections required by paragraph
(b) of this AD to the Manager, Los Angeles Aircraft Certification
Office, 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 porvisions of the Paperwork Reduction Act of 1980
(44 U.S.C. 3501 et seq.) and have been assigned OMB Control Number
2120-0056.
(1) For airplanes on which the inspection required by paragraph
(b) of this AD is accomplished after the effective date of this AD:
Submit a report of positive findings within 10 days after performing
any of the inspections required by paragraph (b) of this AD.
(2) 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.
(d) For airplanes listed in McDonnell Douglas Service Bulletin
MD11-54-049 R01, Revision 1, dated May 18, 1995, accomplish the
requirements of paragraphs (d)(1) and (d)(2) of this AD.
(1) For pylons on which no cracking of the upper spar angles has
been detected during the inspections required by either paragraph
(a) or (b) of this AD: Within 5 years after the effective date of
this AD, replace the spar angles with new spar angles in accordance
with McDonnell Douglas Service Bulletin MD11-54-049, dated March 31,
1995; or McDonnell Douglas Service Bulletin MD11-54-049 R01,
Revision 1, dated May 18, 1995.
(2) For pylons on which cracking of the upper spar angles has
been repaired in accordance with Rohr Service Bulletin MD11 54-190,
dated March 3, 1995: Within 15 months after accomplishment of the
repair, replace the spar angles with new spar angles in accordance
with McDonnell Douglas Service Bulletin MD11-54-049, dated March 31,
1995; or McDonnell Douglas Service Bulletin MD11-54-049 R01,
Revision 1, dated May 18, 1995.
(e) Replacement of the spar angles in accordance with McDonnell
Douglas Service Bulletin MD11-54-049, dated March 31, 1995; or
McDonnell Douglas Service Bulletin MD11-54-049 R01, Revision 1,
dated May 18, 1995, constitutes terminating action for the
repetitive inspections required by paragraphs (a) and (b) of this
AD.
(f) 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 3: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Los Angeles ACO.
(g) 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.
Issued in Renton, Washington, on August 15, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 95-20630 Filed 8-18-95; 8:45 am]
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