[Federal Register Volume 65, Number 32 (Wednesday, February 16, 2000)]
[Rules and Regulations]
[Pages 7719-7720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-3396]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-NM-210-AD; Amendment 39-11567; AD 2000-03-08]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model MD-90-30 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 MD-90-30 series 
airplanes, that requires repetitive fluorescent penetrant and magnetic 
particle inspections to detect fatigue cracking of the main landing 
gear (MLG) piston, and repair, if necessary. This amendment is prompted 
by reports of MLG failures during towing of in-service airplanes due to 
fatigue cracks. The actions specified by this AD are intended to detect 
and correct fatigue cracking of MLG pistons, which could result in 
failure of the pistons, and consequent damage to the airplane structure 
and injury to flight crew, passengers, or ground personnel.

DATES: Effective March 22, 2000.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of March 22, 2000.

ADDRESSES: The service information referenced in this AD may be 
obtained from Boeing Commercial Aircraft Group, Long Beach Division, 
3855 Lakewood Boulevard, Long Beach, California 90846, Attention: 
Technical Publications Business Administration, Dept. C1-L51 (2-60). 
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, 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: Carl Fountain, Aerospace Engineer, 
Airframe Branch, ANM-120L, FAA, Transport Airplane Directorate, Los 
Angeles Aircraft Certification Office, 3960 Paramount Boulevard, 
Lakewood, California 90712-4137; telephone (562) 627-5222; 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 to certain McDonnell Douglas Model 
MD-90-30 series airplanes was published in the Federal Register on 
October 27, 1999 (64 FR 57790). That action proposed to require 
repetitive fluorescent penetrant and magnetic particle inspections to 
detect fatigue cracking of the main landing gear (MLG) piston, and 
repair, 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 single comment received.
    The commenter supports the proposed rule.

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.

Interim Action

    This is considered to be interim action. The manufacturer has 
advised that it currently is developing a modification that will 
positively address the unsafe condition addressed by this AD. Once this 
modification is developed, approved, and available, the FAA may 
consider additional rulemaking.

Cost Impact

    There are approximately 19 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 15 airplanes of U.S. registry 
will be affected by this AD, that it will take approximately 2 work 
hours per airplane to accomplish the required inspections, and that the 
average labor rate is $60 per work hour. Based on these figures, the 
cost impact of the AD on U.S. operators is estimated to be $1,800, or 
$120 per airplane, per inspection cycle.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the proposed requirements of 
this AD action, and that no operator would accomplish those actions in 
the future if this AD were not adopted.

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

    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:

[[Page 7720]]

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

2000-03-08  McDonnell Douglas: Amendment 39-11567. Docket 99-NM-210-
AD.

    Applicability: Model MD-90-30 airplanes, as listed in McDonnell 
Douglas Service Bulletin MD90-32-012, Revision 01, dated June 2, 
1998; 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 accordance with paragraph (d) 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 detect and correct fatigue cracking of main landing gear 
(MLG) pistons, which could result in failure of the pistons, and 
consequent damage to the airplane structure and injury to flight 
crew, passengers, or ground personnel, accomplish the following:

Inspection of MLG Piston Part Number 5935347-509

    (a) For MLG pistons, part number (P/N) 5935347-509: Perform 
fluorescent penetrant and magnetic particle inspections to detect 
fatigue cracking of the MLG pistons, in accordance with McDonnell 
Douglas Service Bulletin MD90-32-012, dated May 19, 1997; or 
Revision 01, dated June 2, 1998, at the later of the times specified 
in paragraphs (a)(1) and (a)(2) of this AD. Repeat the inspections 
thereafter at intervals not to exceed 2,500 landings.
    (1) Prior to the accumulation of 4,000 landings; or
    (2) Within 2,500 landings or 12 months after the effective date 
of this AD whichever occurs first.

Inspection of MLG Piston Part Numbers 5935347-511 and -513

    (b) For MLG pistons P/N's 5935347-511 and -513: Within 5,000 
landings after the effective date of this AD, perform fluorescent 
penetrant and magnetic particle inspections to detect fatigue 
cracking of the MLG pistons, in accordance with McDonnell Douglas 
Service Bulletin MD90-32-012, dated May 19, 1997; or Revision 01, 
dated June 2, 1998. Repeat the inspections thereafter at intervals 
not to exceed 5,000 landings.

Repair

    (c) If any crack is found during any inspection required by this 
AD: Repair in accordance with a method approved by the Manager, Los 
Angeles Aircraft Certification Office (ACO), FAA, Transport Airplane 
Directorate.

Alternative Methods of Compliance

    (d) 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 2: 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 Permits

    (e) 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

    (f) Except as provided by paragraph (c) of this AD, the actions 
shall be done in accordance with McDonnell Douglas Service Bulletin 
MD90-32-012, dated May 19, 1997; or McDonnell Douglas Service 
Bulletin MD90-32-012, Revision 01, dated June 2, 1998. 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 Aircraft Group, 
Long Beach Division, 3855 Lakewood Boulevard, Long Beach, California 
90846, Attention: Technical Publications Business Administration, 
Dept. 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.
    (g) This amendment becomes effective on March 22, 2000.

    Issued in Renton, Washington, on February 8, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-3396 Filed 2-15-00; 8:45 am]
BILLING CODE 4910-13-P