[Federal Register Volume 66, Number 168 (Wednesday, August 29, 2001)]
[Proposed Rules]
[Pages 45657-45659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-21750]



[[Page 45657]]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-197-AD]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model DC-9-81, -82, -
83, and -87 Series Airplanes; Model MD-88 Airplanes; and Model MD-90-30 
Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain McDonnell Douglas Model 
DC-9-81, -82, -83, and -87 series airplanes; Model MD-88 airplanes; and 
Model MD-90-30 series airplanes. This proposal would require 
replacement of certain main landing gear (MLG) shock strut piston 
assemblies with new or serviceable, improved assemblies, which would 
constitute terminating action for the requirements of certain other 
ADs. This action is necessary to prevent fatigue cracking of the MLG 
shock strut pistons, which could result in failure of the MLG shock 
strut pistons during landing or jacking of the airplane, and consequent 
damage to the airplane structure and injury to the passengers, 
flightcrew, or ground personnel. This action is intended to address the 
identified unsafe condition.

DATES: Comments must be received by September 28, 2001.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-197-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2001-NM-197-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    The service information referenced in the proposed rule may be 
obtained from Boeing Commercial Aircraft 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 FAA, Transport Airplane Directorate, 1601 Lind 
Avenue, SW., Renton, Washington; or at the FAA, Los Angeles Aircraft 
Certification Office, 3960 Paramount Boulevard, Lakewood, California.

FOR FURTHER INFORMATION CONTACT: David Y. J. Hsu, Aerospace Engineer, 
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification 
Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137; 
telephone (562) 627-5323; fax (562) 627-5210.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed 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 above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this action may be changed in 
light of the comments received.
    Submit comments using the following format:
     Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
     For each issue, state what specific change to the proposed 
AD is being requested.
     Include justification (e.g., reasons or data) for each 
request.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed 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 summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2001-NM-197-AD.'' The postcard will be date stamped 
and returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 2001-NM-197-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The FAA has received reports of three instances of failure of a 
main landing gear (MLG) shock strut piston on McDonnell Douglas Model 
DC-9-82 series airplanes and a Model MD-88 airplane. Subsequent 
inspections required by ADs 96-19-09, amendment 39-9756 (61 FR 48617, 
September 16, 1996); 99-13-07, amendment 39-11201 (64 FR 33392, June 
23, 1999); and 2000-03-08, amendment 39-11567 (65 FR 7719, February 16, 
2000) also revealed numerous fatigue cracks in the areas of the torque 
link lugs and small radius on the base of the jackball of the MLG shock 
strut pistons. Such fatigue cracking, if not corrected, could result in 
failure of the MLG shock strut pistons during landing or jacking of the 
airplane, and consequent damage to the airplane structure and injury to 
the passengers, flightcrew, or ground personnel.
    The MLG shock strut pistons installed on McDonnell Douglas Model 
MD-90-30 series airplanes are similar in design to those installed on 
the affected Model DC-9-81, -82, -83, and -87 series airplanes, and 
Model MD-88 airplanes. Therefore, all of these airplanes may be subject 
to the same unsafe condition.

Other Relevant Rulemaking

    The FAA has previously issued three other ADs that concern the MLG 
shock strut pistons on McDonnell Douglas Model DC-9-81, -82, -83, and -
87 series airplanes; Model MD-88 airplanes; and Model MD-90-30 series 
airplanes:
    1. AD 99-13-07, which is applicable to certain Model DC-9-81, -82, 
-83, and -87 series airplanes, Model MD-88 airplanes, and Model MD-90-
30 series airplanes, requires repetitive inspections to detect cracking 
of the MLG shock strut pistons, and replacement of a cracked piston 
with a new or serviceable part.
    2. AD 2000-03-08, which is applicable to certain Model MD-90-30 
series airplanes, requires repetitive fluorescent penetrant and 
magnetic particle inspection to detect fatigue cracking of the MLG 
shock strut pistons, and repair, if necessary.
    3. AD 2001-09-18, which is applicable to certain Model DC-9-81, -
82, -83, and -87 series airplanes, and

[[Page 45658]]

Model MD-88 airplanes, requires, among other actions, repetitive dye 
penetrant and magnetic particle inspection to detect cracks of the MLG 
shock strut pistons; repair and replacement of discrepant parts; and 
installation of a preventative modification; as applicable. (This AD 
superseded AD 96-19-09.)
    This proposed AD would constitute terminating action for the 
requirements of those ADs.

Explanation of Relevant Service Information

    The FAA has reviewed and approved Boeing Service Bulletin MD80-32-
309, Revision 01, dated April 25, 2001 (for Model DC-9-81, -82, -83, 
and -87 series airplanes, and Model MD-88 airplanes), and Boeing 
Service Bulletin MD90-32-031, Revision 01, dated April 25, 2001 (for 
Model MD-90-30 series airplanes); as applicable. The service bulletins 
describe procedures for replacement of the MLG shock strut piston 
assemblies, left and right-hand side, with new or serviceable, improved 
assemblies, which would eliminate the need for the requirements of 
certain ADs (described above). Accomplishment of the actions specified 
in the service bulletins is intended to adequately address the 
identified unsafe condition.

Explanation of Requirements of Proposed Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other products of this same type design, the 
proposed AD would require accomplishment of the actions specified in 
the service bulletins described previously.

Cost Impact

    There are approximately 1,380 McDonnell Douglas Model DC-9-81, -82, 
-83, and -87 series airplanes; Model MD-88 airplanes; and Model MD-90-
30 series airplanes of the affected design in the worldwide fleet. The 
FAA estimates that 820 airplanes of U.S. registry would be affected by 
this proposed AD, that it would take approximately 28 work hours per 
airplane to accomplish the proposed actions, and that the average labor 
rate is $60 per work hour. The manufacturer has committed previously to 
its customers that it will bear the cost of replacement parts, subject 
to the conditions in the warranty. As a result, the cost of those parts 
is not attributable to this proposed AD. Based on these figures, the 
cost impact of the proposed AD on U.S. operators is estimated to be 
$1,377,600, or $1,680 per airplane.
    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 proposed 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 proposed herein would 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 proposal would not have federalism implications 
under Executive Order 13132.
    For the reasons discussed above, I certify that this proposed 
regulation (1) is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under the DOT 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 
and (3) if promulgated, 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 copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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. 106(g), 40113, 44701.


Sec. 39.13  [Amended]

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

McDonnell Douglas: Docket 2001-NM-197-AD.
    Applicability: Model DC-9-81, -82, -83, and -87 series 
airplanes, and Model MD-88 airplanes, as listed in Boeing Service 
Bulletin MD80-32-309, Revision 01, dated April 25, 2001; and Model 
MD-90-30 series airplanes, as listed in Boeing Service Bulletin 
MD90-32-031, Revision 01, dated April 25, 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 accordance with paragraph (c) 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 fatigue cracking of the main landing gear (MLG) shock 
strut pistons, which could result in failure of the MLG shock strut 
pistons during landing or jacking of the airplane, and consequent 
damage to the airplane structure and injury to the passengers, 
flightcrew, or ground personnel, accomplish the following:

Replacement

    (a) Before the accumulation of 30,000 total landings, or within 
5,000 landings after the effective date of this AD, whichever occurs 
later: Replace the MLG shock strut piston assemblies, left and 
right-hand sides, with new or serviceable, improved assemblies, per 
the Accomplishment Instructions of Boeing Service Bulletin MD80-32-
309, Revision 01, dated April 25, 2001 (for Model DC-9-81, -82, -83, 
and -87 series airplanes, and Model MD-88 airplanes); or Boeing 
Service Bulletin MD90-32-031, Revision 01, dated April 25, 2001 (for 
Model MD-90-30 series airplanes); as applicable.

    Note 2: Accomplishment of the replacement specified in Boeing 
Service Bulletin MD80-32-309, dated January 31, 2000 (for Model DC-
9-81, -82, -83, and -87 series airplanes, and Model MD-88 
airplanes); or Boeing Service Bulletin MD90-32-031, dated January 
31, 2000 (for Model MD-90-30 series airplanes); as applicable; 
before the effective date of this AD, is considered acceptable for 
compliance with the requirement of paragraph (a) of this AD.

Compliance With Requirements of Other ADs

    (b) Accomplishment of the replacement required by paragraph (a) 
of this AD constitutes terminating action for the requirements of 
ADs 99-13-07, amendment 39-11201, 2000-03-08, amendment 39-11567, 
and 2001-09-18, amendment 39-12225.

[[Page 45659]]

Alternative Methods of Compliance

    (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. 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

    (d) 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.

    Issued in Renton, Washington, on August 22, 2001.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-21750 Filed 8-28-01; 8:45 am]
BILLING CODE 4910-13-U