[Federal Register Volume 60, Number 92 (Friday, May 12, 1995)]
[Rules and Regulations]
[Pages 25610-25611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10987]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 94-NM-175-AD; Amendment 39-9219; AD 95-10-02]
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 MD-11 series airplanes, that
requires the installation of an electrically controlled slat system.
This amendment is prompted by numerous incidents of inadvertent
deployment of the slats while the airplane was in flight at cruise
altitude. The actions specified by this AD are intended to prevent
inadvertent deployment of the slats during flight, which could result
in an abrupt pitch up of the airplane and consequent injury to crew and
passengers; it could also result in significant vibrations and cause
damage to the elevators.
DATES: Effective June 12, 1995.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of June 12, 1995.
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 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, Los Angeles Aircraft Certification Office,
FAA, Transport Airplane Directorate, 3960 Paramount Boulevard,
Lakewood, California 90712-4137; telephone (310) 627-5324; fax (310)
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 Model MD-11 series airplanes; as
listed in McDonnell Douglas MD-11 Service Bulletin 27-36, Revision 1,
dated December 9, 1994 was published in the Federal Register on January
6, 1995 (60 FR 2041). That action proposed to require installation of
an electrically controlled slat system.
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the two comments received.
One commenter supports the proposed rule.
The other commenter supports the rule, but disagrees with the FAA's
estimate of the number of work hours that would be required to
accomplish the installation. In the preamble to the proposal, the FAA
indicated that the time necessary to perform the installation would be
approximately 68 work hours; however, the commenter indicates that a
more reasonable estimate is closer to 200 work hours. The FAA does not
concur with the commenter's revised estimate, since the commenter
provided no additional information to support it. The FAA's original
estimate of labor time was based on data provided by the manufacturer
at the time the proposal was developed. Upon further review of that
data, however, the FAA finds that the most accurate estimate of the
time necessary to accomplish the installation is 75 work hours. This
number includes 4 work hours to gain access; 8 work hours to remove
components; 51 work hours for modification of mechanical and electrical
components; 4 work hours for installation; 4 work hours for closing up;
and 4 work hours for a functional check. The cost analysis information,
described below, has been revised to indicate that 75 work hours are
necessary for accomplishment of the required installation. In general,
the cost analysis in AD rulemaking actions typically does not include
planning time, time for administrative functions, nonproductive elapsed
time, or aircraft preparation time.
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 added to this final rule to clarify this long-standing
requirement.
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 124 Model MD-11 series airplanes of the
affected design in the worldwide fleet. The FAA estimates that 43
airplanes of U.S. registry will be affected by this AD, that it will
take approximately 75 work hours per airplane to accomplish the
required actions, and that the average labor rate is $60 per work hour.
Required parts will be supplied by the manufacturer at no charge to
operators. Based on these figures, the total cost impact of the AD on
U.S. operators is estimated to be $193,500, or $4,500 per airplane.
The total 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 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. [[Page 25611]]
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 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:
95-10-02 McDonnell Douglas: Amendment 39-9219. Docket 94-NM-175-AD.
Applicability: Model MD-11 series airplanes; as listed in
McDonnell Douglas MD-11 Service Bulletin 27-36, Revision 1, dated
December 9, 1994, 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 inadvertent deployment of the slats during flight,
accomplish the following:
(a) Within 24 months after the effective date of this AD, modify
the airplane and install an electrically controlled slat control
system in accordance with McDonnell Douglas MD-11 Service Bulletin
27-36, Revision 1, dated December 9, 1994.
(b) Accomplishment of the actions required by paragraph (a) of
this AD constitutes terminating action for the requirements of the
following AD's:
------------------------------------------------------------------------
Amendment Federal Register
AD No. No. citation
------------------------------------------------------------------------
92-13-03........................... 39-8273 (57 FR 27155,
June 18, 1992).
92-14-51........................... 39-8325 (57 FR 38264,
August 24, 1992).
92-26-03........................... 39-8430 (57 FR 57906,
December 8, 1992).
93-15-03........................... 39-8649 (58 FR 41421,
August 4, 1993).
------------------------------------------------------------------------
(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 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 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
Secs. 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 installation shall be done in accordance with McDonnell
Douglas MD-11 Service Bulletin 27-36, Revision 1, dated December 9,
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, 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, 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.
(f) This amendment becomes effective on June 12, 1995.
Issued in Renton, Washington, on April 28, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 95-10987 Filed 5-11-95; 8:45 am]
BILLING CODE 4910-13-U
