[Federal Register Volume 59, Number 248 (Wednesday, December 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31736]
[Federal Register: December 28, 1994]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 94-NM-230-AD; Amendment 39-9106; AD 94-26-11]
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 inspection to detect cracking of the
upper spar angles of the outboard and inboard surfaces of certain wing
pylons, and repair of any cracked upper spar angles. This amendment is
prompted by a report of cracking in the upper spar cap of the wing
pylon. The actions specified in this AD are intended to prevent reduced
structural integrity of the airplane due to cracking of the upper spar
cap.
DATES: Effective January 12, 1995.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of January 12, 1995.
Comments for inclusion in the Rules Docket must be received on or
before February 27, 1995.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 94-NM-230-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, Department L51, M.C. 2-98. This information may be examined at
the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington; or at 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,
Airframe Branch, 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: Recently, an operator of McDonnell Douglas
Model MD-11 series airplanes reported finding a crack of the upper
inboard spar cap, part number AUB7519, on the number 3 wing pylon. This
crack was found on a pylon that had accumulated 10,600 total flight
hours and 1,700 total flight cycles. Although the cause of this
cracking has not yet been determined, there is nothing unique about the
service experience of the subject airplane to indicate that the
cracking would be limited to that airplane. Therefore, the FAA has
concluded that this condition may exist or develop on other airplanes
of this type design. Such cracking, if not detected and corrected in a
timely manner, could result in reduced structural integrity of the
airplane.
The FAA has reviewed and approved McDonnell Douglas Alert Service
Bulletin A54-49, dated December 2, 1994, which describes procedures for
a one-time visual inspection to detect cracking of the upper spar
angles, part numbers AUB7519-1/-2, of the outboard and inboard surfaces
on the number 1 and number 3 wing pylons.
Since an unsafe condition has been identified that is likely to
exist or develop on other McDonnell Douglas Model MD-11 series
airplanes of the same type design, this AD is being issued to prevent
reduced structural integrity of the airplane. This AD requires
inspection to detect cracking of the upper spar angles of the outboard
and inboard surfaces on the number 1 and 3 wing pylons. The inspection
is required to be accomplished in accordance with the alert service
bulletin described previously. Cracked upper spar angles must be
repaired in accordance with a method approved by the FAA.
This AD also requires that operators report the results of the
visual inspection to the FAA. Because the cause of the addressed
cracking is not currently known, the intent of these required
inspection reports is to enable the FAA to determine how widespread
such cracking problems may be in the affected fleet. Based on 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 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 94-NM-230-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 adding the following new
airworthiness directive:
94-26-11 McDonnell Douglas: Amendment 39-9106. Docket 94-NM-230-AD.
Applicability: Model MD-11 series airplanes having
manufacturer's fuselage numbers 447 through 575 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 (c) 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) Within 30 days after the effective date of this AD, unless
accomplished previously within the last 30 days prior to the
effective date of this AD, perform a visual inspection to detect
cracking of the upper spar angles, part numbers AUB7519-1/-2, of the
outboard and inboard surfaces on the number 1 and number 3 wing
pylons, in accordance with McDonnell Douglas Alert Service Bulletin
A54-49, dated December 2, 1994.
(1) If no cracking is detected, no further action is required by
this paragraph.
(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.
(b) At the applicable time specified in paragraph (b)(1) or
(b)(2) 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,
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.
(1) For airplanes on which the inspection is accomplished after
the effective date of this AD: Submit the report within 10 days
after performing the inspection required by paragraph (a) of this
AD.
(2) For airplanes on which the inspection is accomplished prior
to the effective date of this AD: Submit the report within 10 days
after the effective date of this AD.
(c) 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 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Los Angeles ACO.
(d) 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.
(e) The inspection shall be done in accordance with McDonnell
Douglas Alert Service Bulletin A54-49, dated December 2, 1994. 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, P.O.
Box 1771, Long Beach, California 90801-1771, Attention: Business
Unit Manager, Technical Administrative Support, Department 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.
(f) This amendment becomes effective on January 12, 1995.
Issued in Renton, Washington, on December 20, 1994.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 94-31736 Filed 12-27-94; 8:45 am]
BILLING CODE 4910-13-P
