AD 95-16-05

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.

Final rule; request for comments.

95-16-05 MCDONNELL DOUGLAS: Amendment 39-9324. Docket 95-NM-123-AD. \n\n\tApplicability: Model MD-11 series airplanes, manufacturer's fuselage numbers 0447 through 0527 inclusive, certificated in any category. \n\n\tNOTE 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. \n\n\tCompliance: Required as indicated, unless accomplished previously. \n\n\tTo prevent collapse of the nose landing gear (NLG) due to failure of the lower drag link on the NLG, accomplish the following: \n\n\t(a)\tWithin 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. \n\n\t(b)\tWithin 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. \n\n\t(c)\tAfter 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 Alert Service Bulletin MD11- 32A058, dated June 30, 1995. \n\n\t(d)\tAn alternative method of compliance or adjustment of the compliance time that provides an acceptable level of safety may be used if approved by theManager, 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. \n\n\tNOTE 2: Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the Los Angeles ACO. \n\n\t(e)\tSpecial 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. \n\n\t(f)\tThe 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. \n\n\t(g)\tThis amendment becomes effective on August 17, 1995.

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. \n\n\tThe 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. \n\n\tSince 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. \n\n\tThis AD also requires that operators submit a report of inspection results to the FAA. \n\n\tThis 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 of a short-termproblem 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. \n\n\tAs 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. \n\n\tSince 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. \n\nComments Invited \n\n\tAlthough 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. \n\n\tComments 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. \n\n\tCommenters wishing the FAA to acknowledge receipt of their comments submitted in response tothis 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. \n\n\tThe 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. \n\n\tThe 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." \n\nList of Subjects in 14 CFR Part 39 \n\n\tAir transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.\n\n Adoption of the Amendment \n\n\tAccordingly, 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: \n\nPART 39 - AIRWORTHINESS DIRECTIVES \n\n\t1.\tThe authority citation for part 39 continues to read as follows: \n\nAuthority: 49 USC 106(g), 40101, 40113, 44701. \n\n§ 39.13 - (Amended) \n\n\t2.\tSection 39.13 is amended by adding the following new airworthiness directive: