AD 95-11-02

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.

Final rule.

95-11-02 MCDONNELL DOUGLAS: Amendment 39-9236. Docket 94-NM-150-AD. Supersedes AD 94-18-07, Amendment 39-9020. \n\n\tApplicability: 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. \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 (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. \n\n\tCompliance: Required as indicated, unless accomplished previously. \n\n\tNOTE 2: Visual inspections of the lock links, as required by paragraph (a) of this AD, and eddy current inspections of the lock links, as 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. \n\n\tTo prevent collapse of the nose landing gear (NLG), accomplish the following:(a)\tWithin 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. \n\n\t(b)\tIf 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. \n\n\t\t(1)\tPrior 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. \n\n\t\t(2)\tPerform 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. \n\n\t\t\t(i)\tFor 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. \n\n\t\t\t(ii)\tFor 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. \n\n\t(c)\tIf 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. \n\n\t\t(1)\tRework the lock link; or \n\n\t\t(2)\tReplace 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. \n\n\t(d)\tWithin 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. \n\n\t(e)\tIf 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. \n\n\t\t(1)\tRework the lock link; or \n\n\t\t(2)\tReplace 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. \n\n\t(f)\tAs 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. \n\n\t(g)\tWithin 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. \n\n\t(h)\tAn 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. \n\n\tNOTE 3: 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(i)\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 thisAD can be accomplished. \n\n\t(j)\tThe 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. \n\n\t(k)\tThis amendment becomes effective on June 21, 1995.

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. \n\n\tInterested persons have been afforded an opportunity to participate in the making of this amendment. Due consideration has been given to the comments received. \n\n\tOne commenter supports the proposed rule. \n\n\tThe 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 madeto 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. \n\n\tWith 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 ADretains 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 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." \n\n\tTwo 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 accomplishedimproperly 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. \n\n\tAD 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. \n\n\tThe 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)." \n\n\tAfter 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. \n\n\tThere 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. \n\n\tThe 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. \n\n\tThe 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. \n\n\tAccomplishment 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. \n\n\tThe 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. \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 nothave sufficient federalism implications to warrant the preparation of a Federalism Assessment. \n\n\tFor 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." \n\nList of Subjects in 14 CFR Part 39 \n\n\tAir transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. \n\nAdoption of the Amendment \n\n\tAccordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration amendspart 39 of the Federal Aviation Regulations (14 CFR part 39) as follows:\n\n PART 39 - AIRWORTHINESS DIRECTIVES \n\n\t1.\tThe authority citation for part 39 continues to read as follows: \n\nAuthority: 49 U.S.C. App. 1354(a), 1421 and 1423; 49 U.S.C. 106(g); and 14 CFR 11.89. \n\n§ 39.13 - (Amended) \n\n\t2.\tSection 39.13 is amended by removing amendment 39-9020 (59 FR 44900, August 31, 1994), and by adding a new airworthiness directive (AD), amendment 39-9236, to read as follows: