25610 Federal Register / Vol. 60, No. 92 / Friday, May 12, 1995 / Rules and Regulations

inspected at the FAA, Transport Airplane

Directorate, 1601 Lind Avenue, SW., Renton,

Washington; or at the FAA, Engine and

Propeller Directorate, New York Aircraft

Certification Office, 10 Fifth Street, Third

Floor, Valley Stream New York; or at the

Office of the Federal Register, 800 North

Capitol Street, NW., suite 700, Washington,

DC.

(f) This amendment becomes effective on

June 12, 1995.

Issued in Renton, Washington, on May 3,

1995.

James V. Devany,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 95–11355 Filed 5–11–95; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 39

[Docket No. 94–NM–175–AD; Amendment

39–9219; AD 95–10–02]

Airworthiness Directives; McDonnell

Douglas Model MD–11 Series

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain McDonnell

Douglas MD–11 series airplanes, that

requires the installation of an

electrically controlled slat system. This

amendment is prompted by numerous

incidents of inadvertent deployment of

the slats while the airplane was in flight

at cruise altitude. The actions specified

by this AD are intended to prevent

inadvertent deployment of the slats

during flight, which could result in an

abrupt pitch up of the airplane and

consequent injury to crew and

passengers; it could also result in

significant vibrations and cause damage

to the elevators.

DATES: Effective June 12, 1995.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of June 12,

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, Dept. 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 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.

FOR FURTHER INFORMATION CONTACT:

Wahib Mina, Aerospace Engineer,

Airframe Branch, ANM–120L, Los

Angeles Aircraft Certification Office,

FAA, Transport Airplane Directorate,

3960 Paramount Boulevard, Lakewood,

California 90712–4137; telephone (310)

627–5324; fax (310) 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 Model MD–11

series airplanes; as listed in McDonnell

Douglas MD–11 Service Bulletin 27–36,

Revision 1, dated December 9, 1994 was

published in the Federal Register on

January 6, 1995 (60 FR 2041). That

action proposed to require installation

of an electrically controlled slat system.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the two

comments received.

One commenter supports the

proposed rule.

The other commenter supports the

rule, but disagrees with the FAA’s

estimate of the number of work hours

that would be required to accomplish

the installation. In the preamble to the

proposal, the FAA indicated that the

time necessary to perform the

installation would be approximately 68

work hours; however, the commenter

indicates that a more reasonable

estimate is closer to 200 work hours.

The FAA does not concur with the

commenter’s revised estimate, since the

commenter provided no additional

information to support it. The FAA’s

original estimate of labor time was

based on data provided by the

manufacturer at the time the proposal

was developed. Upon further review of

that data, however, the FAA finds that

the most accurate estimate of the time

necessary to accomplish the installation

is 75 work hours. This number includes

4 work hours to gain access; 8 work

hours to remove components; 51 work

hours for modification of mechanical

and electrical components; 4 work

hours for installation; 4 work hours for

closing up; and 4 work hours for a

functional check. The cost analysis

information, described below, has been

revised to indicate that 75 work hours

are necessary for accomplishment of the

required installation. In general, the cost

analysis in AD rulemaking actions

typically does not include planning

time, time for administrative functions,

nonproductive elapsed time, or aircraft

preparation time.

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. 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 added to this final rule to clarify

this long-standing 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 124 Model

MD–11 series airplanes of the affected

design in the worldwide fleet. The FAA

estimates that 43 airplanes of U.S.

registry will be affected by this AD, that

it will take approximately 75 work

hours per airplane to accomplish the

required actions, and that the average

labor rate is $60 per work hour.

Required parts will be supplied by the

manufacturer at no charge to operators.

Based on these figures, the total cost

impact of the AD on U.S. operators is

estimated to be $193,500, or $4,500 per

airplane.

The total 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 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.
Federal Register / Vol. 60, No. 92 / Friday, May 12, 1995 / Rules and Regulations 25611

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.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

95–10–02 McDonnell Douglas: Amendment

39–9219. Docket 94–NM–175–AD.

Applicability: Model MD–11 series

airplanes; as listed in McDonnell Douglas

MD–11 Service Bulletin 27–36, Revision 1,

dated December 9, 1994, 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 use the authority

provided in paragraph (c) 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.

Compliance: Required as indicated, unless

accomplished previously.

To prevent inadvertent deployment of the

slats during flight, accomplish the following:

(a) Within 24 months after the effective

date of this AD, modify the airplane and

install an electrically controlled slat control

system in accordance with McDonnell

Douglas MD–11 Service Bulletin 27–36,

Revision 1, dated December 9, 1994.

(b) Accomplishment of the actions required

by paragraph (a) of this AD constitutes

terminating action for the requirements of the

following AD’s:

AD No. Amendment No.

Federal Register

citation

92–13–03 . 39–8273 (57 FR 27155,

June 18, 1992).

92–14–51 . 39–8325 (57 FR 38264,

August 24, 1992).

92–26–03 . 39–8430 (57 FR 57906,

December 8, 1992).

93–15–03 . 39–8649 (58 FR 41421,

August 4, 1993).

(c) 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.

(d) Special flight permits may be issued in

accordance with §§ 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.

(e) The installation shall be done in

accordance with McDonnell Douglas MD–11

Service Bulletin 27–36, Revision 1, dated

December 9, 1994. 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, 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, 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.

(f) This amendment becomes effective on

June 12, 1995.

Issued in Renton, Washington, on April 28,

1995.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 95–10987 Filed 5–11–95; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 39

[Docket No. 93–SW–18–AD; Amendment

39–9226; AD 95–10–09]

Airworthiness Directives; Sikorsky

Aircraft Model S–58 and S–58T Series

Helicopters

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to Sikorsky Aircraft Model

S–58 and S–58T series helicopters, that

requires the removal and replacement of

the transmission main gear box ring gear

(ring gear) within certain time intervals,

and establishes a retirement life for the

ring gear. This amendment is prompted

by reports of failures of the ring gear due

to slow-growth fatigue cracks. The

actions specified by this AD are

intended to prevent failure of the ring

gear, failure of the main transmission,

and subsequent loss of control of the

helicopter.

DATES: Effective June 16, 1995.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of June 16,

1995.

ADDRESSES: The service information

referenced in this AD may be obtained

from Sikorsky Aircraft, Commercial

Customer Support, 6900 Main Street,

Stratford, Connecticut 06601–1381. This

information may be examined at the

FAA, Office of the Assistant Chief

Counsel, 2601 Meacham Boulevard,

Room 663, Fort Worth, Texas; or at the

Office of the Federal Register, 800 North

Capitol Street, NW., suite 700,

Washington, DC.

FOR FURTHER INFORMATION CONTACT: Mr.

Francis X. Walsh, Aerospace Engineer,

Boston Aircraft Certification Office,

FAA, New England Region, 12 New

England Executive Park, Burlington,

Massachusetts 01803–5299, telephone

(617) 238–7158, fax (617) 238–7199.

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 Sikorsky Aircraft

Model S–58 and S–58T series