AD 95-04-15 SUPERSEDED

This amendment supersedes an existing airworthiness directive (AD), applicable to certain McDonnell Douglas Model MD-11 series airplanes, that currently requires inspection to detect cracking of the outboard and inboard surfaces of the upper spar angles of certain wing pylons, and repair of any cracked upper spar angles. This amendment requires repetitive inspections to detect cracking of the upper spar angles, and revision of the applicability to exclude an airplane and to include certain other airplanes. This amendment is prompted by an additional report of cracking of the upper inboard spar cap. The actions specified in this AD are intended to prevent reduced structural integrity of the airplane due to cracking in the subject areas.\n\n\tThe incorporation by reference of McDonnell Douglas Alert Service Bulletin MD11-54A049, Revision 1, dated February 7, 1995, as listed in the regulations, is approved by the Director of the Federal Register as of March 17, 1995.\n\n\tThe incorporation by reference of McDonnell Douglas MD-11 Alert Service Bulletin A54-49, dated December 2, 1994, as listed in the regulations, was approved previously by the Director of the Federal Register as of January 12, 1995 (59 FR 66669, December 28, 1994).\n\n\tComments for inclusion in the Rules Docket must be received on or before May 1, 1995.

Final rule; request for comments.

95-04-15 MCDONNELL DOUGLAS: Amendment 39-9167. Docket 95-NM-21-AD. Supersedes AD 94-26-11, Amendment 39-9106.\n\n\tApplicability: Model MD-11 series airplanes having manufacturer's fuselage number 447 through 573 inclusive, and 575 through 578 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 (e) 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 reduced structural integrity of the airplane, accomplish the following:\n\n\t(a)\tFor airplanes listed in McDonnell Douglas MD-11 Alert Service Bulletin A54-49, dated December 2, 1994, accomplish the requirements of paragraphs (a)(1) and (a)(2) of this AD.\n\n\t\t(1)\tWithin 30 days after January 12, 1995 (the effective date of AD 94-26-11, amendment 39-9106), unless accomplished previously within the last 30 days prior to January 12, 1995, perform a visual inspection to detect cracking of the outboard and inboard surfaces of the upper spar angles, part numbers AUB7519-1/-2, on the number 1 and number 3 wing pylons, in accordance with McDonnell Douglas MD-11 Alert Service Bulletin A54-49, dated December 2, 1994.(2)\tAt the applicable time specified in either paragraph (a)(2)(i) or (a)(2)(ii) of this AD, submit a report of the results (both positive and negative findings) of the inspection required by paragraph (a) of this AD to the Manager, Los Angeles Aircraft Certification Office (ACO), FAA, Transport Airplane Directorate, 3960 Paramount Boulevard, Lakewood, California 90712; or fax the report to (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\t\t(i)\tFor airplanes on which the inspection required by paragraph (a) of this AD is accomplished after January 12, 1995: Submit the report within 10 days after performing the inspection required by paragraph (a) of this AD.\n\n\t\t\t(ii)\tFor airplanes on which the inspection required by paragraph (a) of this AD is accomplished prior to January 12, 1995: Submit the report within 10 days after January 12, 1995.\n\n\t(b)\tFor airplanes listed in McDonnell Douglas Alert Service Bulletin MD11-54A049, Revision 1, dated February 7, 1995, accomplish the requirements of paragraphs (b)(1) and (b)(2) of this AD.\n\n\t\t(1)\tWithin 30 days after the effective date of this AD, or within 60 days after accomplishing the visual inspection required by paragraph (a) of this AD, whichever occurs later, perform a visual inspection to detect cracking of the outboard and inboard surfaces of the upper spar angles, part numbers AUB7519-1/-2, on the number 1 and number 3 wing pylons, in accordance with McDonnell Douglas Alert Service Bulletin MD11-54A049, Revision 1, dated February 7, 1995. Repeat this inspection thereafter, prior to further flight, following each incident of excessive maneuver, turbulence overload (as defined in MD-11 Aircraft Maintenance Manual, chapter 05-51-01), or hard landing (as defined in MD-11 Aircraft Maintenance Manual, chapter 05-51-03).\n\n\t\t(2)\tAt the applicable time specified in either paragraph (b)(2)(i) or (b)(2)(ii) of this AD, submit a report of the results (both positive and negative findings) of the inspections required by paragraph (b) of this AD to the Manager, Los Angeles ACO, FAA, Transport Airplane Directorate, 3960 Paramount Boulevard, Lakewood, California 90712; or fax the report to (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\t\t(i)\tFor airplanes on which the inspection required by paragraph (b) of this AD is accomplished after the effective date of this AD: Submit the report within 10 days after performing any of the inspections required by paragraph (b) of this AD.\n\n\t\t\t(ii)\tFor airplanes on which the inspection required by paragraph (b) of this AD is accomplished prior to the effective date of this AD: Submit the report within 10 days after the effective date of this AD.\n\n\t(c)\tIf no cracking is detected during the inspections required by paragraphs (a) and (b) of this AD, repeat the inspection required by paragraph (b) of this AD thereafter at intervals not to exceed 60 days or 300 landings, whichever occurs first, in accordance with McDonnell Douglas Alert Service Bulletin MD11-54A049, Revision 1, dated February 7, 1995.\n\n\t(d)\tIf any cracking is detected during the inspection required by either paragraph (a) or (b) of this AD, prior to further flight, repair in accordance with a method approved by the Manager, Los Angeles ACO, FAA, Transport Airplane Directorate.\n\n\t(e)\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 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(f)\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(g)\tThe inspections shall be done in accordance with McDonnell Douglas MD-11 Alert Service Bulletin MD11-54A049, Revision 1, dated February 7, 1995, and McDonnell Douglas MD-11 Alert Service Bulletin A54-49, dated December 2, 1994. The incorporation by reference of McDonnell Douglas Alert Service Bulletin MD11-54A049, Revision 1, dated February 7, 1995, is approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The incorporation by reference of McDonnell Douglas MD-11 Alert Service Bulletin A54-49, dated December 2, 1994, 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 January 12, 1995 (59 FR 66669, December 28, 1994). 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, 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(h)\tThis amendment becomes effective on March 17, 1995.

On December 20, 1994, the FAA issued AD 94-26-11, amendment 39-9106 (59 FR 66669, December 28, 1994), applicable to certain McDonnell Douglas Model MD-11 series airplanes. That AD requires a visual inspection to detect cracking of the outboard and inboard surfaces of the upper spar angles on the number 1 and number 3 wing pylons, and repair of any cracked upper spar angles. That AD also requires that operators report the results of the visual inspection to the FAA. That action was prompted by a report of cracking in the upper spar cap of the wing pylon. The actions required by that AD are intended to prevent reduced structural integrity of the airplane due to cracking of the upper spar cap.\n\n\tSince the issuance of that AD, another operator of McDonnell Douglas Model MD-11 series airplanes has reported that, while accomplishing the inspection required by AD 94-26-11, a crack was found on the upper inboard spar cap of the number 3 wing pylon. Investigation revealed that the solution heat treatment was omitted during the manufacturing process of the spar caps. Therefore, these spar caps are believed to be particularly susceptible to stress corrosion cracking.\n\n\tAs a result of this latest report, McDonnell Douglas conducted a crack analysis of the upper spar caps. The FAA has reviewed the data gathered from this analysis and has determined that, to maintain the safety of the Model MD-11 fleet, repetitive inspections must be performed to detect cracking in the critical areas of the spar cap.\n\n\tFurther, investigation revealed that one airplane, manufacturer's fuselage number 574, is not subject to this unsafe condition since it was inspected prior to delivery, and subsequently, discrepant spar caps were replaced with non-suspect parts. Additionally, the manufacturer has identified three additional airplanes, manufacturer's fuselage numbers 576, 577, and 578, that are subject to unsafe condition since the discrepant spar caps wereinstalled on these airplanes.\n\n\tCracking of the spar angles, if not detected and corrected in a timely manner, could result in damage to the immediately adjacent structure, which would reduce structural integrity of the airplane.\n\n\tThe FAA has reviewed and approved McDonnell Douglas Alert Service Bulletin MD11-54A049, Revision 1, dated February 7, 1995. Revision 1 differs from the original issue of the service bulletin, which was referenced in the existing AD as the appropriate source of service information. Revision 1 describes procedures for initial and repetitive visual inspections to detect cracking of the outboard and inboard surfaces of the upper spar angles on the number 1 and number 3 wing pylons, including the critical areas of the spar angle. Revision 1 also revises the effectivity to exclude one airplane and to add three additional airplanes.\n\n\tSince an unsafe condition has been identified that is likely to exist or develop on other airplanes of this same type design, this AD supersedes AD 94-26-11 to require initial and repetitive visual inspections to detect cracking of the outboard and inboard surfaces of the upper spar angles on the number 1 and number 3 wing pylons, in accordance with the alert service bulletin described previously. Cracked upper spar angles are required to be repaired in accordance with a method approved by the FAA.\n\n\tThis AD also requires that operators report the results of the initial and repetitive visual inspections to the FAA. In concert with the manufacturer's ongoing investigation, the FAA intends to use these reports to develop, review, and approve corrective action that would terminate the need for the repetitive inspections required by this AD. Therefore, depending upon the results of these reports, further corrective action may be warranted.\n\n\tThis is considered to be interim action until final action is identified, at which time the FAA may consider further rulemaking.\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 goodcause exists for making this amendment effective in less than 30 days.\n\nComments Invited\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 to this rule must submit a self-addressed, stamped postcard on which the following statement is made: "Comments to Docket Number 95-NM-21-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\tAir transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.\n\nAdoption of the Amendment\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\t1.\tThe authority citation for part 39 continues to read as follows:\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\t2.\tSection 39.13 is amended by removing amendment 39-9106 (59 FR 66669, December 28, 1994), and by adding a new airworthiness directive (AD), amendment 39-9167, to read as follows:

Submit comments in triplicate to the Federal Aviation Administration (FAA), Transport Airplane Directorate, ANM-103, Attention: Rules Docket No. 95-NM-21-AD, 1601 Lind Avenue, SW., Renton, Washington 98055-4056.\n\n\tThe 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 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.

Wahib Mina, Aerospace Engineer, ANM-121L, FAA, Transport Airplane Directorate, Los Angeles Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, California 90712; telephone (310) 627-5324; fax (310) 627-5210.