[Federal Register Volume 60, Number 148 (Wednesday, August 2, 1995)]
[Rules and Regulations]
[Pages 39245-39247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18586]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 95-NM-123-AD; Amendment 39-9324; AD 95-16-05]
Airworthiness Directives; McDonnell Douglas Model MD-11 Series
Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This amendment adopts a new airworthiness directive (AD) that
is applicable to certain McDonnell Douglas Model MD-11 series
airplanes. This action requires an inspection to identify defective
lower drag links on the nose landing gear (NLG), and replacement of
defective drag links with new parts. This amendment is prompted by a
report indicating that a potential failure condition of the lower drag
link on the NLG could occur due to improper de-embrittlement treatment
of the drag link during manufacturing. The actions specified in this AD
are intended to prevent collapse of the NLG due to failure of the lower
drag link as a result of improper de-embrittlement treatment of the
drag link.
DATES: Effective August 17, 1995.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of August 17, 1995.
Comments for inclusion in the Rules Docket must be received on or
before October 2, 1995.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 95-NM-123-AD, 1601 Lind Avenue SW., Renton,
Washington 98055-4056.
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 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.
FOR FURTHER INFORMATION CONTACT: Wahib Mina, Aerospace Engineer,
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification
Office, 3960 Paramount Boulevard, Lakewood, California 90712; telephone
(310) 627-5324; fax (310) 627-5210.
SUPPLEMENTARY INFORMATION: The FAA received a report indicating that a
potential failure condition exists relative to the lower drag link
(assembly part number ACG7208-507 and detail part number ACG7208-17) of
the nose landing gear (NLG) installed on McDonnell Douglas Model MD-11
series airplanes. This condition is the result of improper de-
embrittlement treatment of a certain batch of drag links during
manufacturing. The discrepant drag links are identifiable by serial
number. Failure of the lower drag link on the NLG, if not corrected,
could result in collapse of the NLG.
The FAA has reviewed and approved McDonnell Douglas Alert Service
Bulletin MD11-32A058, dated June 30, 1995, which describes procedures
for a one-time visual inspection to identify defective lower drag links
on the NLG, and replacement of defective drag links with new parts. The
inspection involves identifying the serial number of the lower drag
links. Replacement of any defective drag link found will minimize the
possibility of failure of the lower drag link and subsequent collapse
of the NLG.
Since an unsafe condition has been identified that is likely to
exist or develop on other Model MD-11 series airplanes of the same type
design, this AD is being issued to prevent collapse of the NLG due to
failure of the lower drag link on the NLG.
This AD requires a one-time visual inspection to identify defective
lower drag links on the NLG, and replacement of defective drag links
with new parts. The actions are required to be accomplished in
accordance with the alert service bulletin described previously.
This AD also requires that operators submit a report of inspection
results to the FAA.
This AD requires that the inspection be accomplished within 120
days. A compliance time of 120 days is usually sufficient to provide
for a brief period for public comment before the adoption of a final
rule. In this AD, however, that compliance time was selected because
[[Page 39246]]
of a short-term problem with availability of sufficient replacement
parts if defective parts are found; a shorter compliance time might
have resulted in the unnecessary removal of airplanes from service
pending delivery of replacement parts. Nevertheless, the FAA has
determined that immediate adoption of this rule is necessary in this
case because of the importance of initiating the required inspection
and eliminating the discrepant parts from the fleet as soon as
possible.
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 long-standing 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 95-NM-123-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 USC 106(g), 40101, 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
95-16-05 McDonnell Douglas: Amendment 39-9324. Docket 95-NM-123-AD.
Applicability: Model MD-11 series airplanes, manufacturer's
fuselage numbers 0447 through 0527 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 (d) 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 collapse of the nose landing gear (NLG) due to
failure of the lower drag link on the NLG, accomplish the following:
(a) Within 120 days after the effective date of this AD, perform
a visual inspection to identify the serial number of the lower drag
link (assembly part number ACG7208-507 and detail part number
ACG7208-17) on the NLG, in accordance with McDonnell Douglas Alert
Service Bulletin MD11-32A058, dated June 30, 1995. Prior to further
flight, replace any lower drag link having a serial number
identified in Figure 1 of the alert service bulletin with a new part
having a serial number other than those identified in Figure 1 of
the alert service bulletin. Perform the replacement in accordance
with the alert service bulletin.
(b) Within 10 days after accomplishing the inspection required
by this AD, report inspection results, positive or negative, to the
Manager, Los Angeles Aircraft Certification Office (ACO), FAA,
Transport Airplane Directorate, 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.
(c) After the effective date of this AD, no person shall install
on the NLG of any airplane a lower drag link (assembly part number
ACG7208-507 and detail part number ACG7208-17) having a serial
number identified in Figure 1 of McDonnell Douglas
[[Page 39247]]
Alert Service Bulletin MD11-32A058, dated June 30, 1995.
(d) 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 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Los Angeles ACO.
(e) 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.
(f) The inspection and replacement shall be done in accordance
with McDonnell Douglas Alert Service Bulletin MD11-32A058, dated
June 30, 1995. 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, 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, 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.
(g) This amendment becomes effective on August 17, 1995.
Issued in Renton, Washington, on July 24, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 95-18586 Filed 8-1-95; 8:45 am]
BILLING CODE 4910-13-U
