[Federal Register Volume 68, Number 40 (Friday, February 28, 2003)]
[Rules and Regulations]
[Pages 9516-9518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4349]



[[Page 9516]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-212-AD; Amendment 39-13067; AD 2003-04-18]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model MD-90-30 
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 airplanes, that 
requires measuring the length of the wear indicator on the brake stack 
of the main landing gear (MLG) brake assembly to determine the degree 
of wear, and follow-on actions. This action also requires eventual 
replacement of the existing MLG brake assembly with a new, improved or 
modified assembly, which constitutes terminating action for any 
repetitive actions being performed per this AD. The actions specified 
by this AD are intended to prevent failure of the MLG brakes and 
consequent loss of braking capability, which could result in the 
airplane overrunning the runway during take-off or landing. This action 
is intended to address the identified unsafe condition.

DATES: Effective April 4, 2003.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of April 4, 2003.

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: 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: Ken Sujishi, Aerospace Engineer, 
Systems & Equipment Branch, ANM-130L, FAA, Los Angeles Aircraft 
Certification Office, 3960 Paramount Boulevard, Lakewood, California 
90712-4137; telephone (562) 627-5353; 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-90-30 airplanes was published in the Federal Register on September 
4, 2002 (67 FR 56506). That action proposed to require measuring the 
length of the wear indicator on the brake stack of the main landing 
gear (MLG) brake assembly to determine the degree of wear, and follow-
on actions. That action also proposed to require eventual replacement 
of the existing MLG brake assembly with a new, improved or modified 
assembly, which would constitute terminating action for any repetitive 
actions being performed per the proposed AD.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were submitted in response 
to the proposal or the FAA's determination of the cost to the public.

Explanation of Editorial Change

    We have changed the service bulletin citation throughout this final 
rule to exclude the Evaluation Form. The form is intended to be 
completed by operators and submitted to the manufacturer to provide 
input on the quality of the service bulletin; however, this AD does not 
include such a requirement.

Conclusion

    After careful review of the available data, the FAA has determined 
that air safety and the public interest require the adoption of the 
rule with the change previously described. The FAA has determined that 
this change will neither increase the economic burden on any operator 
nor increase the scope of the AD.

Cost Impact

    There are approximately 115 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 21 airplanes of U.S. registry 
will be affected by this AD.
    It will take approximately 1 work hour per airplane to accomplish 
the measurement of the brake stack wear indicator, at an average labor 
rate of $60 per work hour. Based on these figures, the cost impact of 
this action on U.S. operators is estimated to be $1,260, or $60 per 
airplane, per measurement cycle.
    It will also take approximately 1 work hour per airplane to 
accomplish the inspection for discrepancies of the pressure plate of 
the MLG brake, at an average labor rate of $60 per work hour. Based on 
these figures, the cost impact of this action on U.S. operators is 
estimated to be $1,260, or $60 per airplane, per inspection cycle.
    It will take approximately 6 work hours per airplane to accomplish 
the replacement of the MLG brake assembly, at an average labor rate of 
$60 per work hour. Required parts will cost approximately $55,000. 
Based on these figures, the cost impact of this action on U.S. 
operators is estimated to be $1,162,560, or $55,360 per airplane.
    The cost impact figures discussed above are 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.

[[Page 9517]]

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. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

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

2003-04-18 McDonnell Douglas: Amendment 39-13067. Docket 2001-NM-
212-AD.

    Applicability: Model MD-90-30 airplanes, certificated in any 
category; equipped with a main landing gear (MLG) brake assembly 
having part number (P/N) 5012193R, 5012193-1, 5012193-1-P, 5012193-
2, 5012193-2-P, 5012193-3, or 5012193-3-P.

    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 (h) 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 failure of the MLG brake and consequent loss of 
braking capability, which could result in the airplane overrunning 
the runway during take-off or landing, accomplish the following:

Measurement of Brake Wear

    (a) Within 120 days after the effective date of this AD, measure 
the length of the wear indicator on the brake stack of the MLG brake 
assembly to determine the degree of wear, according to Boeing Alert 
Service Bulletin MD90-32A042, Revision 01, dated August 17, 2000, 
excluding Evaluation Form; and Aircraft Braking Systems Corporation 
Service Bulletin MD90-32-13, Revision 2, dated April 28, 2000.
    (1) If the wear indicator measures more than 1.30 inches: Repeat 
the measurement of the brake stack wear indicator every 260 
landings, until the wear indicator measures 1.30 inches or less. 
When the wear indicator measures 1.30 inches or less, do paragraph 
(a)(2) of this AD.
    (2) If the wear indicator measures 1.30 inches or less: Before 
further flight, do paragraph (b) of this AD.

Repetitive Inspections for Discrepancies of Pressure Plate

    (b) Perform a general visual inspection of the MLG brake 
assembly for discrepancies of the pressure plate (i.e., the surface 
of the piston insulator is flush with or has pushed beyond the 
surface of the counterbore), according to Boeing Alert Service 
Bulletin MD90-32A042, Revision 01, dated August 17, 2000, excluding 
Evaluation Form; and Aircraft Braking Systems Corporation Service 
Bulletin MD90-32-13, Revision 2, dated April 28, 2000. If no 
discrepancy of the pressure plate is found, repeat the inspection at 
intervals not to exceed 260 landings, until paragraph (c)(1), 
(c)(2), or (d) of this AD has been accomplished.

    Note 2: For the purposes of this AD, a general visual inspection 
is defined as: ``A visual examination of an interior or exterior 
area, installation, or assembly to detect obvious damage, failure, 
or irregularity. This level of inspection is made from within 
touching distance unless otherwise specified. A mirror may be 
necessary to enhance visual access to all exposed surfaces in the 
inspection area. This level of inspection is made under normally 
available lighting conditions such as daylight, hangar lighting, 
flashlight, or droplight and may require removal or opening of 
access panels or doors. Stands, ladders, or platforms may be 
required to gain proximity to the area being checked.''

Corrective Actions

    (c) If any discrepancy of the pressure plate is found during any 
inspection required by paragraph (b) of this AD: Before further 
flight, do paragraph (c)(1), (c)(2), (c)(3), or (d) of this AD.
    (1) If the length of the wear indicator on the MLG brake is less 
than 0.40 inch: Overhaul the MLG brake assembly (including replacing 
the carbon stack) according to Boeing Alert Service Bulletin MD90-
32A042, Revision 01, dated August 17, 2000, excluding Evaluation 
Form; and Aircraft Braking Systems Corporation Service Bulletin 
MD90-32-13, Revision 2, dated April 28, 2000. Such overhaul 
terminates the repetitive inspections required by paragraph (b) of 
this AD.
    (2) If the length of the wear indicator on the MLG brake is 
greater than or equal to 0.40 inch but less than or equal to 2.10 
inches: Repair the MLG brake assembly according to Boeing Alert 
Service Bulletin MD90-32A042, Revision 01, dated August 17, 2000, 
excluding Evaluation Form; and Aircraft Braking Systems Corporation 
Service Bulletin MD90-32-13, Revision 2, dated April 28, 2000. The 
repair procedures involve replacing the swage tube subassemblies of 
the brake with new subassemblies, replacing the pressure plate with 
a new, improved pressure plate, shortening the wear indicator tube, 
inspecting to determine the radius of the piston insulators, and 
replacing the piston insulators with reworked insulators if 
necessary. Such repair terminates the repetitive inspections 
required by paragraph (b) of this AD.
    (3) If the length of the wear indicator on the brake is greater 
than 2.10 inches: No further action is required by this paragraph.

Replacement With Modified Brake Assembly

    (d) Except as provided by paragraph (c) of this AD, at the next 
brake overhaul, or within 36 months after the effective date of this 
AD, whichever is first: Replace any MLG brake assembly having P/N 
5012193R, 5012193-1, 5012193-1-P, 5012193-2, 5012193-2-P, 5012193-3, 
or 5012193-3-P; with a new, improved or modified MLG brake assembly 
having P/N 5012193-4; according to Boeing Service Bulletin MD90-32-
045, Revision 01, dated December 15, 2000, excluding Evaluation 
Form; and Aircraft Braking Systems Corporation Service Bulletin 
MD90-32-14, dated May 9, 2000. The modification involves replacement 
of certain wear indicator tubes with new tubes, installation of a 
new, improved pressure plate, measurement of the radius of the 
piston insulators, rework of the piston insulators if necessary, and 
reidentification of the brake assembly. Accomplishment of the 
replacement specified in this paragraph terminates the requirements 
of this AD.

Actions Accomplished per Previous Revisions of Service Bulletin

    (e) Inspections and corrective actions accomplished before the 
effective date of this AD according to Boeing Alert Service Bulletin 
MD90-32A042, dated April 27, 2000, is acceptable for compliance with 
the corresponding actions required by paragraphs (a), (b), and (c) 
of this AD.
    (f) Replacements accomplished before the effective date of this 
AD according to Boeing Service Bulletin MD90-32-045, dated July 21, 
2000, are acceptable for compliance with paragraph (d) of this AD.

Part Installation

    (g) As of the effective date of this AD, no person may install a 
MLG brake assembly having P/N 5012193R, 5012193-1, 5012193-2, or 
5012193-3 on any airplane, unless the MLG brake assembly is 
inspected and any applicable corrective action has been accomplished 
according to this AD.

Alternative Methods of Compliance

    (h) 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 Permits

    (i) 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.

[[Page 9518]]

Incorporation by Reference

    (j) Unless otherwise provided in this AD, the actions shall be 
done in accordance with Boeing Alert Service Bulletin MD90-32A042, 
Revision 01, dated August 17, 2000, excluding Evaluation Form; 
Aircraft Braking Systems Corporation Service Bulletin MD90-32-13, 
Revision 2, dated April 28, 2000; Boeing Service Bulletin MD90-32-
045, Revision 01, dated December 15, 2000, excluding Evaluation 
Form; and Aircraft Braking Systems Corporation Service Bulletin 
MD90-32-14, dated May 9, 2000; 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 Boeing Commercial Aircraft 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

    (k) This amendment becomes effective on April 4, 2003.

    Issued in Renton, Washington, on February 19, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-4349 Filed 2-27-03; 8:45 am]
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