[Federal Register: November 3, 2003 (Volume 68, Number 212)]
[Rules and Regulations]
[Page 62231-62233]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03no03-10]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2002-NM-06-AD; Amendment 39-13356; AD 2003-22-08]
RIN 2120-AA64
Airworthiness Directives; McDonnell Douglas Model MD-11 and -11F
Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to certain McDonnell Douglas Model MD-11 and -11F airplanes,
that requires a one-time inspection of the barrel nut holes of the
upper spar caps and skin panel of the horizontal stabilizer for
corrosion, and follow-on and corrective actions if necessary. This
action is necessary to prevent such corrosion, which could result in
structural damage and consequent reduced controllability of the
airplane. This action is intended to address the identified unsafe
condition.
DATES: Effective December 8, 2003.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of December 8, 2003.
ADDRESSES: The service information referenced in this AD may be
obtained from Boeing Commercial Airplane Group, Long Beach Division,
3855 Lakewood Boulevard, Long Beach, California 90846, Attention: Data
and Service Management, Dept. C1-L5A (D800-0024). 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, 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: Ron Atmur, Aerospace Engineer,
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification
Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137;
telephone (562) 627-5224; fax (562) 627-5210.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to include an airworthiness
directive (AD) that is applicable to certain McDonnell Douglas Model
MD-11 and -11F airplanes was published in the Federal Register on May
29, 2003 (68 FR 32001). That action proposed to require a one-time
inspection of the barrel nut holes of the upper spar caps and skin
panel of the horizontal stabilizer for corrosion, and follow-on and
corrective actions if necessary.
Comments
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comment received.
Request To Extend Compliance Time
The commenter requests that the compliance time for the proposed
one-time inspection be extended from 18 months to 36 months, and that
the proposed AD be revised to include a new revision to the referenced
service
[[Page 62232]]
bulletin. The commenter states that it has inspected over 10 percent of
its fleet, during which all three corrosion conditions were found.
Finding these conditions caused the commenter to do a more extensive
inspection. To accomplish the more extensive inspection, the commenter
asserts that it takes an average of 1,650 work hours per airplane, and
approximately 5,000 work hours for earlier manufactured airplanes. In
light of the more extensive inspection, the commenter states that a
compliance time of 36 months would be more realistic.
In addition, the commenter states that the manufacturer is revising
Boeing Service Bulletin MD11-55-023 (which was referenced as the
appropriate source of service information for the actions specified in
the proposed AD) to incorporate a more extensive inspection along with
an extended compliance time. The recommended compliance time for the
more extensive inspection (Phase II) would be at the next scheduled
heavy maintenance check or within 6 years after the Phase I inspection
(specified in the proposed AD). Therefore, the commenter asserts that
the proposed AD should be revised to include the new service bulletin
revision for accomplishment of the more extensive inspection.
From these statements, the FAA infers that the commenter is
requesting that the proposed AD also be revised to include a more
extensive inspection for which they are requesting an extended
compliance time. We do not agree that the 18-month compliance time
should be extended or that a more extensive inspection should be added
to the proposed AD. We have determined that the required inspection is
sufficient to ensure an adequate level of safety for the transport
fleet. We have coordinated this issue with the manufacturer and have
determined that the 18-month compliance time is appropriate for the
inspection method specified in this final rule. However, we may
consider additional rulemaking to mandate a more extensive inspection
and compliance time once the manufacturer has issued, and we have
reviewed and approved, a revision of the service bulletin incorporating
such an inspection. No change has been made to this final rule in this
regard.
We note that the commenter has been proactive in accomplishing a
more thorough inspection than was specified in the proposed AD. Under
the provisions of paragraph (b) of this final rule, we may consider
requests for alternative methods of compliance or adjustments to the
compliance time if data are submitted to substantiate that such methods
or adjustments would provide an acceptable level of safety.
Conclusion
After careful review of the available data, including the comment
noted above, the FAA has determined that air safety and the public
interest require the adoption of the rule as proposed.
Changes to 14 CFR Part 39/Effect on the AD
On July 10, 2002, the FAA issued a new version of 14 CFR part 39
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness
directives system. The regulation now includes material that relates to
altered products, special flight permits, and alternative methods of
compliance. However, for clarity and consistency in this final rule, we
have retained the language of the NPRM regarding that material.
Change to Labor Rate Estimate
We have reviewed the figures we have used over the past several
years to calculate AD costs to operators. To account for various
inflationary costs in the airline industry, we find it necessary to
increase the labor rate used in these calculations from $60 per work
hour to $65 per work hour. The cost impact information, below, reflects
this increase in the specified hourly labor rate.
Cost Impact
There are approximately 191 airplanes of the affected design in the
worldwide fleet. The FAA estimates that 66 airplanes of U.S. registry
will be affected by this AD, that it will take approximately 6 work
hours per airplane to accomplish the required inspection, and that the
average labor rate is $65 per work hour. Based on these figures, the
cost impact of the inspection required by this AD on U.S. operators is
estimated to be $25,740, or $390 per airplane.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the requirements of this AD
action, and that no operator would accomplish those actions in the
future if this AD were not adopted. The cost impact figures discussed
in AD rulemaking actions represent only the time necessary to perform
the specific actions actually required by the AD. These figures
typically do not include incidental costs, such as the time required to
gain access and close up, planning time, or time necessitated by other
administrative actions.
Regulatory Impact
The regulations adopted herein will not have a substantial direct
effect 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, it
is determined that this final rule does not have federalism
implications under Executive Order 13132.
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
0
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
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. Section 39.13 is amended by adding the following new airworthiness
directive:
2003-22-08 McDonnell Douglas: Amendment 39-13356. Docket 2002-NM-06-
AD.
Applicability: Model MD-11 and -11F airplanes, as listed in
Boeing Service Bulletin MD11-55-023, dated November 28, 2001;
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 request approval for an
alternative method of compliance in
[[Page 62233]]
accordance with paragraph (b) of this AD. The request should include
an assessment of the effect of the modification, alteration, or
repair on the unsafe condition addressed by this AD; and, if the
unsafe condition has not been eliminated, the request should include
specific proposed actions to address it.
Compliance: Required as indicated, unless accomplished
previously.
To prevent corrosion of the barrel nut holes of the upper spar
caps and skin panel of the horizontal stabilizer, which could result
in structural damage and consequent reduced controllability of the
airplane, accomplish the following:
One-Time Inspection/ Follow-on and Corrective Actions
(a) Within 18 months or 6,000 flight hours after the effective
date of this AD, whichever is later: Do a one-time detailed
inspection of the barrel nut holes of the upper spar caps and skin
panel of the horizontal stabilizer for corrosion, per Boeing Service
Bulletin MD11-55-023, including Appendix A, dated November 28, 2001.
Before further flight, do the actions required by paragraph (a)(1),
(a)(2), (a)(3), or (a)(4) of this AD, as applicable.
Note 2: For the purposes of this AD, a detailed inspection is
defined as: ``An intensive visual examination of a specific
structural area, system, installation, or assembly to detect damage,
failure, or irregularity. Available lighting is normally
supplemented with a direct source of good lighting at intensity
deemed appropriate by the inspector. Inspection aids such as mirror,
magnifying lenses, etc., may be used. Surface cleaning and elaborate
access procedures may be required.''
(1) If no corrosion is found: Clean, seal, and tape the barrel
nut holes per Figure 4 of the service bulletin.
(2) If corrosion is found that does not exceed the limits
specified in Figure 2 of the service bulletin: Remove and retain the
barrel nuts and bolts, remove the corrosion of the barrel nut hole,
seal and tape the holes per Figure 4 of the service bulletin, and
reinstall the barrel nuts and bolts per Figure 2 of the service
bulletin.
(3) If corrosion is found that does not exceed 0.060 inch on the
barrel nut bottom: Remove and retain the barrel nuts and bolts,
remove the corrosion, fabricate and install bushings, seal and tape
the holes per Figure 4 of the service bulletin, and reinstall the
barrel nuts and bolts per Figure 2 of the service bulletin.
(4) If corrosion is found in the barrel nut bearing area, and/or
corrosion exceeds the dimensional limits for each hole specified in
Figure 2 of service bulletin: Repair in accordance with a method
approved by the Manager, Los Angeles Aircraft Certification Office
(ACO), FAA.
Alternative Methods of Compliance
(b) 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. 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.
Special Flight Permit
(c) 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.
Incorporation by Reference
(d) Unless otherwise specified in this AD, the actions shall be
done in accordance with Boeing Service Bulletin MD11-55-023,
including Appendix A, dated November 28, 2001. 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 Boeing Commercial Airplane Group, Long Beach Division,
3855 Lakewood Boulevard, Long Beach, California 90846, Attention:
Data and Service Management, Dept. C1-L5A (D800-0024). 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, 3960 Paramount Boulevard, Lakewood,
California; or at the Office of the Federal Register, 800 North
Capitol Street, NW., suite 700, Washington, DC.
Effective Date
(e) This amendment becomes effective on December 8, 2003.
Issued in Renton, Washington, on October 24, 2003.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 03-27320 Filed 10-31-03; 8:45 am]
BILLING CODE 4910-13-P