[Federal Register Volume 59, Number 43 (Friday, March 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4447]
[[Page Unknown]]
[Federal Register: March 4, 1994]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 93-NM-86-AD; Amendment 39-8844; AD 94-05-06]
Airworthiness Directives; McDonnell Douglas Model MD-11 Series
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 series airplanes,
that requires modification or replacement of designated passenger cabin
floor panels. This amendment is prompted by a report that, during
manufacture, the inserts that attach the floor panels to the seat
tracks and floor beams were installed using sealant rather than
required adhesive. The actions specified by this AD are intended to
prevent loss of the passenger cabin floor capability to support the
airplane interior inertia loads under emergency landing conditions.
DATES: Effective April 4, 1994.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of April 4, 1994.
ADDRESSES: 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 Federal Aviation Administration (FAA), Transport
Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton,
Washington; or at the FAA, Los Angeles Aircraft Certification Office,
3229 East Spring Street, Long Beach, 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, 3229 East Spring Street, Long
Beach, California 90806-2425; telephone (310) 988-5324; fax (310) 988-
5210.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations to include an airworthiness directive (AD) that is
applicable to certain McDonnell Douglas Model MD-11 series airplanes
was published in the Federal Register on August 19, 1993 (58 FR 44150).
That action proposed to require modification or replacement of
designated passenger cabin floor panels.
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
Two commenters support the proposed rule.
The Air Transport Association (ATA) of America, on behalf of
several of its members, requests that the FAA withdraw the proposed
rule. The commenter states that all U.S. operators and all but one non-
U.S. operator have accomplished the modification or replacement
specified in McDonnell Douglas MD-11 Service Bulletin 53-31, which is
cited in the proposed rule, thereby ensuring that 9g crash
certification requirements are satisfied. The commenter adds that
McDonnell Douglas MD-11 Service Bulletins 53-32 and 53-33, which are
also cited in the proposal, were only included in the manufacturer's
service program to ensure commonality between operators, but were not
included in that program to return the aircraft to its original design
intent. The commenter concludes that, since all U.S. operators have
accomplished the actions described in McDonnell Douglas MD-11 Service
Bulletin 53-31, there is no need for an AD. Further, the commenter
believes that issuance of the AD would contradict the principles of
Presidential Executive Order 12866 (Regulatory Planning and Review),
and would cause an unjustifiable expense to operators.
The FAA does not concur with the commenter's request to withdraw
the proposed rule. As explained in the preamble to the proposal, the
FAA has determined that accomplishment of the modification or
replacement described in McDonnell Douglas MD-11 Service Bulletin 53-31
is necessary to correct an unsafe condition described as loss of the
passenger cabin floor capability to support the airplane interior
inertia loads under emergency landing conditions. Under existing
bilateral airworthiness agreements, the FAA is obligated, through the
AD process, to advise foreign airworthiness authorities of unsafe
conditions relating to products produced in the United States, and to
provide instructions determined necessary to correct the unsafe
condition addressed. The appropriate vehicle for mandating such action
to correct an unsafe condition is the airworthiness directive.
However, upon consideration of data submitted by the manufacturer
since issuance of the proposal, the FAA has determined that
accomplishment of the modification or replacement specified in
McDonnell Douglas MD-11 Service Bulletin 53-31 adequately addresses the
unsafe condition, and that the actions described in McDonnell Douglas
MD-11 Service Bulletins 53-32 and 53-33 are not necessary to address
that unsafe condition. The FAA's original concern was that
interchanging the floor panels could result in an unsafe condition
under emergency landing conditions. However, based on the data received
from the manufacturer, the FAA finds that its concern regarding floor
panel interchangeability is addressed by part number controls; original
panels are not interchangeable with reworked panels or new panels. In
light of this, the FAA has removed paragraphs (b) and (c) from the
final rule. In addition, references to McDonnell Douglas MD-11 Service
Bulletins 53-32 and 53-33 have been removed from the applicability of
the AD. The FAA also has revised the economic impact paragraph, below,
to reflect the fact that all U.S. airplanes have accomplished the
requirements of this AD.
One commenter requests that paragraph (a) of the proposed rule be
revised to clarify that each individual panel may be reworked in
accordance with Option I of McDonnell Douglas MD-11 Service Bulletin
53-31, or replaced in accordance with Option II of that service
bulletin, rather than implying that all panels must be either reworked
or replaced. The commenter also requests that the proposal be revised
to indicate that installation of operator-manufactured panels with
properly installed inserts are acceptable in lieu of production panels.
The FAA concurs. Paragraph (a) of this AD has been revised to
indicate that the requirements of that paragraph may be accomplished by
either reworking an individual panel in accordance with Option I of the
service bulletin, or replacing an individual panel in accordance with
Option II of the service bulletin. Paragraph (a) of the final rule also
has been revised to specify that new panels that meet the original type
design or FAA-approved equivalent panels are considered acceptable
replacement panels.
After careful review of the available data, including the comments
noted above, the FAA has determined that air safety and the public
interest require the adoption of the rule with the changes previously
described. The FAA has determined that these changes will neither
increase the economic burden on any operator nor increase the scope of
the AD.
There are approximately 32 Model MD-11 series airplanes of the
affected design in the worldwide fleet. The FAA estimates that 20
airplanes of U.S. registry will be affected by this AD. The FAA has
been advised that the requirements of this AD have been accomplished on
all 20 airplanes of U.S. registry.
However, should an affected airplane be imported and placed on the
U.S. Register in the future, the FAA has been advised that the
manufacturer plans to provide required parts and to accomplish the
required modification at no expense to operators. Therefore, there is
no future economic cost impact of this rule on U.S. operators.
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.
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
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends 14 CFR part
39 of the Federal Aviation Regulations 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:
94-05-06 McDonnell Douglas: Amendment 39-8844. Docket 93-NM-68-AD.
Applicability: Model MD-11 series airplanes, as listed in
McDonnell Douglas MD-11 Service Bulletin 53-31, dated January 29,
1993; certificated in any category.
Compliance: Required as indicated, unless accomplished
previously.
To prevent loss of the passenger cabin floor capability to
support the airplane interior inertia loads under emergency landing
conditions, accomplish the following:
(a) Within one year after the effective date of this AD, modify
or replace the passenger cabin floor panels designated in McDonnell
Douglas MD-11 Service Bulletin 53-31, dated January 29, 1993, in
accordance with that service bulletin. The requirements of this
paragraph may be accomplished by either reworking an individual
panel in accordance with Option I of the service bulletin, or
replacing an individual panel in accordance with Option II of the
service bulletin. New panels that meet the original type design or
FAA-approved equivalent panels are considered to be acceptable
replacement panels.
(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 Aircraft Certification
Office (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: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Los Angeles ACO.
(c) Special flight permits may be issued in accordance with
Federal Aviation Regulations (FAR) 21.197 and 21.199 to operate the
airplane to a location where the requirements of this AD can be
accomplished.
(d) The modification or replacement shall be done in accordance
with McDonnell Douglas MD-11 Service Bulletin 53-31, dated January
29, 1993. 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,
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, Los Angeles Aircraft Certification Office, 3229 East
Spring Street, Long Beach, California; or at the Office of the
Federal Register, 800 North Capitol Street, NW., suite 700,
Washington, DC.
(e) This amendment becomes effective on April 4, 1994.
Issued in Renton, Washington, on February 22, 1994.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 94-4447 Filed 3-3-94; 8:45 am]
BILLING CODE 4910-13-U
