[Federal Register Volume 60, Number 98 (Monday, May 22, 1995)]
[Rules and Regulations]
[Pages 27018-27020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12445]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 94-NM-150-AD; Amendment 39-9236; AD 95-11-02]
Airworthiness Directives; McDonnell Douglas Model DC-10 and Model
MD-11 Series Airplanes and Model KC-10A (Military) Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This amendment supersedes an existing airworthiness directive
(AD), applicable to all McDonnell Douglas Model DC-10 series airplanes
and Model KC-10A (military) airplanes and certain Model MD-11 series
airplanes, that currently requires inspections to detect defects in the
upper and lower lock links on the nose landing gear (NLG), and rework
or replacement of any defective link with a serviceable link. The
actions specified by that AD are intended to prevent collapse of the
NLG. This amendment requires accomplishment of a certain inspection
that constitutes terminating action for the currently required
inspections.
DATES: Effective June 21, 1995. The incorporation by reference of
McDonnell Douglas DC-10 Alert Service Bulletin A32-238, dated July 15,
1994, and McDonnell Douglas MC-11 Alert Service Bulletin A32-47, dated
July 15, 1994, listed in the regulations was approved previously by the
Director of the Federal Register as of September 15, 1994 (59 FR 44900,
August 31, 1994).
ADDRESSES: The service information referenced in this AD 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 Federal Aviation Administration (FAA), Transport
Airplane Directorate, Rules Docket, 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.
FOR FURTHER INFORMATION CONTACT: For Model DC-10 series airplanes and
Model KC-10A (military) airplanes: Maureen Moreland, Aerospace
Engineer, Airframe Branch, ANM-120L, FAA, Transport Airplane
Directorate, Los Angeles Aircraft Certification Office, 3960 Paramount
Boulevard, Lakewood, California 90712; telephone (310) 627-5238; fax
(310) 627-5210.
For Model MD-11 series airplanes: Wahib Mina, Aerospace Engineer,
Airframe Branch, ANM-120L, 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: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) by superseding AD 94-18-07,
amendment 39-9020 (59 FR 44900, August 31, 1994), which is applicable
to all McDonnell Douglas Model DC-10 series airplanes and Model KC-10A
(military) airplanes and certain Model MD-11 series airplanes, was
published in the Federal Register on December 8, 1994 (59 FR 63278).
The action proposed to continue to require inspections to determine the
serial numbers and to detect defects in the upper and lower lock links
on the nose landing gear (NLG), and rework of any defective lock link,
or replacement of any defective lock link with a serviceable lock link.
The action also proposed to require an off-aircraft fluorescent
penetrant inspection to detect defects in the upper and lower lock
links on the NLG, and rework or replacement of any defective link.
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
One commenter supports the proposed rule.
The Air Transport Association (ATA) of America supports the
proposed rule. However, on behalf of its members, the ATA requests that
AD 94-18-07 be revised, rather than superseded, to reduce the
administrative time required to incorporate the AD into maintenance
records and to avoid unnecessarily complicated recordkeeping. The FAA
does not concur. The FAA's current policy is that, whenever a
``substantive change'' is made to an existing AD that imposes any new
burden, the AD must be superseded, rather than revised. ``Substantive
changes'' are those made to any instruction or reference that affects
the substance of the AD, and includes part numbers, service bulletin
and manual references, compliance times, applicability, methods of
compliance, corrective action, inspection requirements, and effective
dates. In the case of this AD rulemaking action, the changes being made
to the existing AD are considered substantive. This superseding AD is
assigned a new amendment number and new AD number; the previous
amendment is deleted from the system. This procedure facilitates the
efforts of the Principal Maintenance Inspectors in tracking AD's and
ensuring that the affected operators have incorporated the latest
changes into their maintenance programs.
With regard to paperwork changes required by affected operators,
section 121.380(a)(2)(v) of the Federal Aviation Regulations [14 CFR
121.380(a)(2)(v)], ``Maintenance recording requirements,'' requires
that persons holding an operating certificate and operating under part
121 of the Federal Aviation Regulations (14 CFR part 121) must keep
records ``indicating the current status of applicable airworthiness
directives, including the method of compliance.'' Whether an existing
AD is superseded or revised, the new AD is assigned a new AD number: a
superseding AD is assigned a new 6-digit AD number; a revising AD
retains the original 6-digit AD number, but an ``R1'' is added to it.
In either case, the new AD is identified by its ``new'' AD number, not
by the ``old'' AD number. In light of this, affected operators updating
their maintenance records to indicate the current AD status would have
to record a new AD number in all cases, regardless of whether the AD is
a superseding or a revising AD. Further, operators are always given
credit for [[Page 27019]] work previously performed in accordance with
the existing AD by means of the phrase in the compliance section of the
AD that states, ``Required * * * unless accomplished previously.''
Two ATA members state that the proposed rule is unnecessary since
AD 94-18-07 is sufficient to ensure the continued airworthiness of the
affected airplanes. The FAA infers that commenters request that the
proposed rule be withdrawn. The FAA does not concur. As discussed in
the preamble of the proposal, since fluorescent penetrant inspections
(FPI) of the links were accomplished improperly during manufacturing,
defects in the lock links may exist. After manufacture of a lock link,
its material is etched and an FPI is performed to detect forging
defects. FPI's accomplished on the affected lock links were performed
without accomplishing the etching process.
AD 94-18-07 was issued as ``interim action,'' and requires eddy
current inspections only of the areas of the links that are considered
to be at a higher risk for the existence of forging flaws. That AD
provided for an optional terminating action for the eddy current
inspections by accomplishing an FPI. The FAA determined that an FPI
must be accomplished to inspect the entire link in the manner that was
intended during manufacture to ensure that no forging flaws exist. The
compliance time for accomplishment of the FPI was sufficiently long so
that notice and time for public comment were feasible. Therefore, the
FAA specified in AD 94-18-07 that it was considering additional
rulemaking to require accomplishment of the FPI. This action contains
that requirement.
The FAA has revised paragraph (e)(2) of the final rule to specify,
in part, that serviceable lock links are those that have been inspected
in accordance with paragraph (d) of this AD. The paragraph reference
was inadvertently specified incorrectly in the proposed rule as
``paragraphs (a) and (b).''
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 change previously
described. The FAA has determined that this change will neither
increase the economic burden on any operator nor increase the scope of
the AD.
There are approximately 534 Model DC-10 and Model MD-11 series
airplanes and Model KC-10A (military) airplanes of the affected design
in the worldwide fleet. The FAA estimates that 310 airplanes of U.S.
registry will be affected by this AD.
The inspections that were required previously by AD 94-18-07, and
retained in this AD, take approximately 4.5 work hours per airplane to
accomplish, at an average labor rate of $60 per work hour. Based on
these figures, the total cost impact of the inspection requirements of
AD 94-18-07 on U.S. operators is estimated to be $83,700, or $270 per
airplane, per inspection cycle.
The fluorescent penetrant inspection required by this AD will take
approximately 8 work hours per airplane to accomplish at an average
labor rate of $60 per work hour. Based on these figures, the total cost
impact of the fluorescent penetrant inspection requirement of this AD
on U.S. operators is estimated to be $148,400, or $480 per airplane.
Accomplishment of the fluorescent penetrant inspection required by
this AD terminates the repetitive inspection requirement that had been
imposed previously by AD 94-18-07. Therefore, accomplishment of that
fluorescent penetrant inspection will result in a reduction in costs to
affected operators of $83,700 per inspection cycle that will no longer
be required.
The number of required work hours for each requirement of this AD,
as indicated above, is presented as if the accomplishment of the
actions were to be conducted as ``stand alone'' actions. However, in
actual practice, these actions, for the most part, will be accomplished
coincidentally or in combination with normally scheduled airplane
inspections and other maintenance program tasks. Therefore, the actual
number of necessary additional work hours will be minimal in many
instances. Additionally, any costs associated with special airplane
scheduling will be minimal.
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 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 removing amendment 39-9020 (59 FR
44900, August 31, 1994), and by adding a new airworthiness directive
(AD), amendment 39- , to read as follows:
95-11-02 McDonnell Douglas: Amendment 39-9236. Docket 94-NM-150-
AD. Supersedes AD 94-18-07, Amendment 39-9020.
Applicability: All Model DC-10 series airplanes and Model KC-10A
(military) airplanes; and Model MD-11 series airplanes, as listed in
McDonnell Douglas MD-11 Alert Service Bulletin A32-47, dated July
15, 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 (h) 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.
Note 2: Visual inspections of the lock links, as required by
paragraph (a) of this AD, and eddy current inspections of the lock
links, as [[Page 27020]] required by paragraph (b)(1) of this AD,
that have been accomplished prior to the effective date of this AD
in accordance with McDonnell Douglas DC-10 Alert Service Bulletin
A32-237, dated April 11, 1994; or McDonnell Douglas MD-11 Alert
Service Bulletin A32-44, dated March 22, 1994, or Revision 1, dated
June 16, 1994; as applicable; are considered acceptable for
compliance with the applicable action specified in this amendment.
To prevent collapse of the nose landing gear (NLG), accomplish
the following:
(a) Within 30 days after September 15, 1994 (the effective date
of AD 94-18-07, amendment 39-9020), perform a visual inspection to
determine the serial number of the upper lock links, part number
ACG7396-1, and the lower lock links, part number ACG7237-1, on the
NLG, in accordance with McDonnell Douglas DC-10 Alert Service
Bulletin A32-238, dated July 15, 1994; or McDonnell Douglas MD-11
Alert Service Bulletin A32-47, dated July 15, 1994; as applicable.
(b) If the serial number of the lock link coincides with any of
the suspect serial numbers listed in McDonnell Douglas DC-10 Alert
Service Bulletin A32-238, dated July 15, 1994; or McDonnell Douglas
MD-11 Alert Service Bulletin A32-47, dated July 15, 1994; as
applicable; accomplish paragraphs (b)(1) and (b)(2) of this AD in
accordance with the alert service bulletin.
(1) Prior to further flight, perform an eddy current inspection
to detect defects in the lock link in accordance with Phase I
(``Eddy Current Inspection--On Aircraft'') of the Accomplishment
Instructions of the applicable alert service bulletin.
(2) Perform an expanded eddy current inspection to detect
defects in the lock link, in accordance with Phase II (``Expanded
Eddy Current Inspection--Off Aircraft'') of the Accomplishment
Instructions of the applicable alert service bulletin at the time
specified in paragraph (b)(2)(i) or (b)(2)(ii) of this AD, as
applicable.
(i) For Model DC-10 series airplanes and Model KC-10A airplanes:
Inspect prior to the accumulation of 450 landings after September
15, 1994 (the effective date of AD 94-18-07, amendment 39-9020), and
thereafter at intervals not to exceed 450 landings until the
inspection required by paragraph (d) of this AD is accomplished.
(ii) For Model MD-11 series airplanes: Inspect prior to the
accumulation of 330 landings after September 15, 1994 (the effective
date of AD 94-18-07, amendment 39-9020), and thereafter at intervals
not to exceed 330 landings until the inspection required by
paragraph (d) of this AD is accomplished.
(c) If any defect is found during any inspection required by
paragraph (b) of this AD, prior to further flight, accomplish either
paragraph (c)(1) or (c)(2) of this AD in accordance with McDonnell
Douglas DC-10 Alert Service Bulletin A32-238, dated July 15, 1994;
or McDonnell Douglas MD-11 Alert Service Bulletin A32-47, dated July
15, 1994; as applicable.
(1) Rework the lock link; or
(2) Replace the defective lock link with a serviceable lock link
that has been inspected in accordance with paragraphs (a) and (b) of
this AD and, if the lock link was found to contain any defect, that
has been reworked in accordance with paragraph (c)(1) of this AD.
(d) Within 15 months after the effective date of this AD,
perform a fluorescent penetrant inspection to detect defects of the
lock links, in accordance with Phase III (``Fluorescent Penetrant
Inspection--Off Aircraft'') of the Accomplishment Instructions of
McDonnell Douglas DC-10 Alert Service Bulletin A32-238, dated July
15, 1994; or McDonnell Douglas MD-11 Alert Service Bulletin A32-47,
dated July 15, 1994; as applicable. Accomplishment of this
inspection constitutes terminating action for the inspections
required by paragraph (b) of this AD.
(e) If any defect is found during an inspection performed in
accordance with paragraph (d) of this AD, prior to further flight,
accomplish either paragraph (e)(1) or (e)(2) of this AD in
accordance with McDonnell Douglas DC-10 Alert Service Bulletin A32-
238, dated July 15, 1994; or McDonnell Douglas MD-11 Alert Service
Bulletin A32-47, dated July 15, 1994; as applicable.
(1) Rework the lock link; or
(2) Replace the defective lock link with a serviceable lock link
that has been inspected in accordance with paragraph (d) of this AD
and, if the lock link was found to contain any defect, that has been
reworked in accordance with paragraph (e)(1) of this AD.
(f) As of September 15, 1994 (the effective date of AD 94-18-07,
amendment 39-9020), no person shall install an upper lock link, part
number ACG7396-1, or a lower lock link, part number ACG7237-1, on
the NLG of any airplane unless that lock link has been inspected in
accordance with paragraphs (a) and (b) of this AD and reworked, as
necessary, in accordance with paragraph (c)(1) or (e)(1) of this AD.
(g) Within 30 days after any defect is found during any
inspection required by this AD, submit a report of inspection
findings to the Manager, Los Angeles Aircraft Certification Office
(ACO), FAA, Transport Airplane Directorate, 3960 Paramount
Boulevard, Lakewood, California 90712; fax (310) 627-5210. The
report must include a description of the defect found, the part
number of the defective lock link, the serial number of the
defective lock link, the number of landings on the defective lock
link, and the serial number of the airplane. 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.
(h) 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 3: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Los Angeles ACO.
(i) 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.
(j) The actions shall be done in accordance with McDonnell
Douglas DC-10 Alert Service Bulletin A32-238, dated July 15, 1994;
and McDonnell Douglas MD-11 Alert Service Bulletin A32-47, dated
July 15, 1994; as applicable. The incorporation by reference of
these documents was approved previously by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51 as of September 15, 1994 (59 FR 44900, August 31, 1994). Copies
may be obtained from McDonnell Douglas Corporation, 3855 Lakewood
Boulevard, Long Beach, California 90846, Attention: Technical
Publications Business Administration, Department C1-L51 (2-60).
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.
(k) This amendment becomes effective on June 21, 1995.
Issued in Renton, Washington, on May 16, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 95-12445 Filed 5-19-95; 8:45 am]
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