Airworthiness Directives; McDonnell Douglas Model DC-10-10, -15, -30, and -40 Series Airplanes, KC-10A (Military) Airplanes, and Model MD-11 Series Airplanes

DEPARTMENT OF TRANSPORTATION

14 CFR Part 39

[Docket No. 94-NM-26-AD; Amendment 39-9076; AD 94-24-03]

Airworthiness Directives; McDonnell Douglas Model DC-10-10, -15,

-30, and -40 Series Airplanes, KC-10A (Military) Airplanes, and Model

MD-11 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD),

applicable to certain McDonnell Douglas Model DC-10-10, -15, -30, and -

40 series airplanes, KC-10A (military) airplanes, and Model MD-11

series airplanes, that requires the installation of retainers and

supports at the lateral control mixer bracket on the center of the wing

rear spar of the airplane. This amendment is prompted by an analysis

conducted by the manufacturer, which revealed that failure of a lateral

control mixer bracket could result in uncommanded deployment of the

spoiler. The actions specified by this AD are intended to prevent

inadvertent asymmetric deployment of the spoiler, which may lead to

reduced controllability of the airplane.

DATES: Effective January 3, 1995.

The incorporation by reference of certain publications listed in

the regulations is approved by the Director of the Federal Register as

of January 3, 1995.

ADDRESSES: The 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, Department L51, M.C. 2-98. 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, Transport Airplane Directorate, Los Angeles

Aircraft Certification Office, 3229 East Spring Street, Long Beach,

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-121L, FAA, Transport Airplane Directorate, Los

Angeles Aircraft Certification Office, 3229 East Spring Street, Long

Beach, California 90806-2425; telephone (310) 988-5324; fax (310) 988-

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

DC-10 and MD-11 series airplanes series airplanes was published in the

Federal Register on June 7, 1994 (59 FR 29391). That action proposed to

require the installation of retainers and supports at the lateral

control mixer bracket on the center of the wing rear spar of the

airplane.

Interested persons have been afforded an opportunity to participate

in the making of this amendment. Due consideration has been given to

the comments received.

Two commenters support the proposal.

Several commenters request that the compliance time for installing

the spoiler mixer bracket retainers be extended from the proposed 12

months to 18 or 24 months. These commenters state that such an

extension will allow operators to accomplish the installations during a

regularly scheduled heavy maintenance visit. This will reduce the

impact of non-scheduled maintenance and removal of aircraft from

service, and prevent the consequent inconvenience to the traveling

public. The commenters point out that safety will not be compromised by

extending the compliance time, since the repetitive inspections of the

mixer bracket assembly at intervals of 1,500 cycles, as are currently

required by AD 92-16-03, will maintain the structural integrity of the

mixer bracket assembly in the interim.

The FAA concurs that the compliance time can be extended somewhat.

The FAA's intent was that the inspections be conducted during a

regularly scheduled maintenance visit for the majority of the affected

fleet, when the airplanes would be located at a base where special

equipment and trained personnel would be readily available, if

necessary. Based on the information supplied by the commenters, the FAA

now recognizes that 18 months corresponds more closely to the interval

representative of most of the affected operators' normal maintenance

schedules. Paragraph (a) of the final rule has been revised to reflect

a compliance time of 18 months. The FAA does not consider that this

extension will adversely affect safety, since the mandatory repetitive

inspections of the area, as required by AD 92-16-03 will ensure that

any discrepancies will be identified and corrected in the interim.

The FAA has recently reviewed the figures it has used over the past

several years in calculating the economic impact of AD activity. In

order to account for various inflationary costs in the airline

industry, the FAA has determined that it is necessary to increase the

labor rate used in these calculations from $55 per work hour to $60 per

work hour. The economic impact information below has been revised to

reflect this increase in the specified hourly labor rate.

[Note: 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. Under these circumstances, at least one operator appears to

have incorrectly assumed that its airplane was not subject to an AD.

On the contrary, 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 added to this final rule to clarify

this requirement.]

After 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 changes previously

described. The FAA has determined that these changes will neither

increase the economic burden on any operator nor increase the scope of

the AD.

There are approximately 427 Model DC-10-10, -15, -30, and -40

series airplanes and KC-10A (military) airplanes of the affected design

in the worldwide fleet. The FAA estimates that 241 airplanes of U.S.

registry will be affected by this AD, that it will take approximately 3

work hours per airplane to accomplish the required actions, and that

the average labor rate is $60 per work hour. Required parts will cost

approximately $6,497 per airplane. Based on these figures, the total

cost impact of the AD on U.S. operators is estimated to be $1,609,157,

or $6,677 per airplane.

There are approximately 114 Model MD-11 series airplanes of the

affected design in the worldwide fleet. The FAA estimates that 46

airplanes of U.S. registry will be affected by this AD, that it would

take approximately 3 work hours per airplane to accomplish the proposed

actions, and that the average labor rate is $60 per work hour. Required

parts would cost approximately $6,497 per airplane. Based on these

figures, the total cost impact of the proposed AD on U.S. operators of

Model MD-11 series airplanes is estimated to be $307,142, or $6,677 per

airplane.

Based on the figures discussed above, the total cost impact of this

AD on U.S. operators is $1,916,299. This total cost impact figure 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 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.

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

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 U.S.C. App. 1354(a), 1421 and 1423; 49 U.S.C.

106(g); and 14 CFR 11.89.

Sec. 39.13 [Amended]

2. Section 39.13 is amended by adding the following new

airworthiness directive:

94-24-03 McDonnell Douglas: Amendment 39-9076. Docket 94-NM-26-AD.

Applicability: Model DC-10-10, -15, -30, and -40 series

airplanes and KC-10A (military) airplanes, as listed in McDonnell

Douglas DC-10 Service Bulletin 27-222, dated November 1, 1993; and

Model MD-11 series airplanes, as listed in McDonnell Douglas MD-11

Service Bulletin 27-34, dated November 1, 1993; certificated in any

category.

Compliance: Required as indicated, unless accomplished

previously.

To prevent inadvertent asymmetric deployment of the spoiler,

which may lead to reduced controllability of the airplane,

accomplish the following:

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 (b) 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.

(a) Within 18 months after the effective date of this AD,

install retainers and supports at the lateral control right- and

left-hand mixer bracket on the center of the wing rear spar of the

airplane in accordance with McDonnell Douglas DC-10 Service Bulletin

27-222, dated November 1, 1993 [for Model DC-10-10, -15, -30, and -

40 series airplanes and KC-10A (military) airplanes]; or McDonnell

Douglas MD-11 Service Bulletin 27-34, dated November 1, 1993 (for

Model MD-11 series airplanes); as applicable.

(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 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.

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.

(c) Special flight permits may be issued in accordance with

Secs. 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.

(d) The installation shall be done in accordance with McDonnell

Douglas DC-10 Service Bulletin 27-222, dated November 1, 1993 [for

Model DC-10-10, -15, -30, and -40 series airplanes and KC-10A

(military) airplanes]; and McDonnell Douglas MD-11 Service Bulletin

27-34, dated November 1, 1993 (for Model MD-11 series airplanes); as

applicable. 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, P.O. Box 1771, Long Beach, California 90801-1771,

Attention: Business Unit Manager, Technical Administrative Support,

Department 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.

(e) This amendment becomes effective on January 3, 1995.

Issued in Renton, Washington, on November 17, 1994.

Darrell M. Pederson,

Acting Manager, Transport Airplane Directorate, Aircraft Certification

Service.

[FR Doc. 94-28885 Filed 12-1-94; 8:45 am]

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