[Federal Register Volume 69, Number 39 (Friday, February 27, 2004)]
[Unknown Section]
[Pages 9203-9205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4475]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-122-AD; Amendment 39-13497; AD 2004-05-03]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
is applicable to certain McDonnell Douglas Model DC-9-81 (MD-81), DC-9-
82 (MD-82), DC-9-83 (MD-83), and DC-9-87 (MD-87) airplanes; Model MD-88 
airplanes, and Model MD-90-30 airplanes. This action requires 
repetitive inspections to detect cracking of the shock strut cylinders 
of the left and right main landing gears (MLG), and replacement of any 
cracked shock strut cylinder. This action is necessary to prevent 
failure of the shock strut cylinders of the MLGs due to cracking, which 
could result in collapse of the MLGs and consequent reduced 
controllability during landing. This action is intended to address the 
identified unsafe condition.

DATES: Effective March 15, 2004.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of March 15, 2004.
    Comments for inclusion in the Rules Docket must be received on or 
before April 27, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2003-NM-122-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. 2003-NM-122-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 or 2000 or 
ASCII text.
    The service information referenced in this AD may be obtained from 
Boeing Commercial Airplanes, 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; or at the 
Office of the Federal Register, 800 North Capitol Street, NW., suite 
700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Mike S. Lee, Aerospace Engineer, 
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification 
Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137; 
telephone (562) 627-5325; fax (562) 627-5210.

SUPPLEMENTARY INFORMATION: Five operators of McDonnell Douglas Model 
DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), DC-9-87 (MD-87), and 
Model MD-88 airplanes reported instances of a shock strut cylinder of a 
main landing gear (MLG) fracturing, resulting in the MLG collapse 
during landing roll out. The airplanes had a shock strut cylinder of 
the MLG that fractured after accumulating between a total of 6,386 and 
28,100 landings. The fractures began at cracks on the outer surface of 
the cylinders. The cracks were created by high stresses from vibration 
that can occur during airplane braking. Failure of the shock strut 
cylinders of the MLGs due to cracking could lead to collapse of the 
MLGs and consequent reduced controllability of the airplane during 
landing.

Similar Condition Exists on Other Models

    The shock strut cylinders on certain McDonnell Douglas Model MD-90-
30 airplanes are identical to those on the affected Model DC-9-81 (MD-
81), DC-9-82 (MD-82), DC-9-83 (MD-83), and DC-9-87 (MD-87) airplanes; 
and Model MD-88 airplanes. Therefore, those Model MD-90-30 airplanes 
may be subject to the unsafe condition due to exchanging a shock strut 
cylinder of a MLG from an affected airplane.

Related Rulemaking

    AD 99-06-13, amendment 39-11077 (64 FR 13330, March 18, 1999), 
applicable to certain McDonnell Douglas Model DC-9-80 series airplanes; 
and Model MD-88 airplanes, requires repetitive inspections to detect 
fatigue cracking of the shock strut cylinder of the MLG and replacement 
of any cracked shock strut cylinder with a serviceable part. That AD 
references McDonnell Douglas Alert Service Bulletin MD80-32A286, 
Revision 03, dated May 28, 1998, as the applicable source of service 
information.
    AD 96-01-09, amendment 39-9485 (61 FR 2407, January 26, 1996), 
applicable to certain McDonnell Douglas Model DC-9-80 series airplanes 
and Model MD-88 airplanes, requires installation of hydraulic brake 
line restrictors on the MLG, and modification of the hydraulic damper 
assembly of the MLG. That AD references McDonnell Douglas Service 
Bulletins MD80-32-276, dated March 31, 1995, and Revision 1, dated 
October 17, 1995; and MD80-32-278, dated March 31, 1995, and Revision 
1, dated September 6, 1995; as the applicable sources of service 
information.

Explanation of Relevant Service Information

    The FAA has reviewed and approved Boeing Alert Service Bulletin 
MD80-32A344, Revision 2, dated January 28, 2004, for McDonnell Douglas 
Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), DC-9-87 (MD-
87) airplanes; and Model MD-88 airplanes;

[[Page 9204]]

and Boeing Alert Service Bulletin MD90-32A059, dated January 28, 2004, 
for McDonnell Douglas Model MD-90-30 airplanes. These alert service 
bulletins specify verification of airplane records to determine service 
history of the shock strut cylinders of the MLGs. These alert service 
bulletins describe procedures for repetitive inspections (including 
performing fluorescent dye penetrant and fluorescent dry particle non-
destructive testing) to detect cracking of the shock strut cylinders of 
the left and right MLGs, and replacement of any cracked shock strut 
cylinder with a new or serviceable part. Additionally, these alert 
service bulletins describe certain related investigative actions (such 
as chemically removing cadmium coating, and repeating the fluorescent 
dye penetrant and fluorescent magnetic particle non-destructive test 
inspections, if necessary).
    Accomplishment of the actions specified in the alert service 
bulletins is intended to adequately address the identified unsafe 
condition.

Explanation of the Requirements of the Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design registered 
in the United States, this AD is being issued to prevent failure of the 
shock strut cylinders of the MLGs due to cracking, which could result 
in collapse of the MLG and consequent reduced controllability during 
landing. This AD requires repetitive inspections to detect cracking of 
the shock strut cylinders of the left and right MLGs, and replacement 
of any cracked shock strut cylinder with a new or serviceable part. 
This AD also requires that, if a replacement shock strut cylinder is 
not new, the service history of the shock strut cylinder determines the 
applicability by Group definition in the applicable service bulletin 
described previously. This AD requires accomplishment of the actions 
specified in the alert service bulletins described previously, except 
as discussed below.

Differences Between the Service Bulletins and the Airworthiness 
Directive

    Although Boeing Alert Service Bulletin MD80-32A344, Revision 2, 
dated January 28, 2004, specifies that McDonnell Douglas Alert Service 
Bulletin MD80-32A286, Revision 03, dated May 28, 1998, be accomplished 
prior to Boeing Alert Service Bulletin MD80-32A344, Revision 2, this AD 
does not require that action. As described in the ``Related 
Rulemaking'' section, accomplishment of Boeing Alert Service Bulletin 
MD80-32A286, Revision 03, is already required by AD 99-06-13.

Determination of Rule's Effective Date

    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, was not preceded by 
notice and an opportunity for public comment, comments are invited on 
this rule. Interested persons are invited to comment on this 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 under the caption ADDRESSES. All 
communications received on or before the closing date for comments will 
be considered, and this rule may be amended in light of the comments 
received. Factual information that supports the commenter's ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
AD action and determining whether additional rulemaking action would be 
needed.
    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 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 rule that might 
suggest a need to modify the 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 that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2003-NM-122-AD.'' The postcard will be date stamped 
and returned to the commenter.

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.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it is not a ``significant regulatory 
action'' under Executive Order 12866. It has been determined further 
that this action involves an emergency regulation under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). If it is 
determined that this emergency regulation otherwise would be 
significant under DOT Regulatory Policies and Procedures, a final 
regulatory evaluation will be prepared and placed in the Rules Docket. 
A copy of it, if filed, 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

0
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

0
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]

0
2. Section 39.13 is amended by adding the following new airworthiness 
directive:

2004-05-03 McDonnell Douglas: Amendment 39-13497. Docket 2003-NM-
122-AD.

    Applicability: Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 
(MD-83), and DC-9-87 (MD-87) airplanes; and Model MD-88 airplanes; 
as listed in Boeing Alert Service Bulletin MD80-32A344, Revision 2, 
dated January 28, 2004; and Model MD-90-30 airplanes, as listed in 
Boeing Alert Service

[[Page 9205]]

Bulletin MD90-32A059, dated January 28, 2004; certificated in any 
category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent failure of the shock strut cylinders of the main 
landing gears (MLG) due to cracking, which could result in collapse 
of the MLG and consequent reduced controllability of the airplane 
during landing; accomplish the following:

Service Bulletin Reference

    (a) The term ``service bulletin,'' as used in this AD, means the 
Accomplishment Instructions of the following service bulletins, as 
applicable:
    (1) For Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), 
and DC-9-87 (MD-87) airplanes; and Model MD-88 airplanes: Boeing 
Alert Service Bulletin MD80-32A344, Revision 2, dated January 28, 
2004.
    (2) For Model MD-90-30 airplanes: Boeing Alert Service Bulletin 
MD90-32A059, dated January 28, 2004.

Records Verification

    (b) For Group 1 airplanes as defined in the applicable service 
bulletin: Within 450 landings or 90 days after the effective date of 
this AD, whichever occurs first, perform a verification of airplane 
records to determine in which Group the airplane is specified (as 
defined in the applicable service bulletin). Per the applicable 
service bulletin, this verification is based on the service history 
of the shock strut cylinder of the MLG.
    (1) If it can be positively verified from airplane records that 
the airplane is identified as a Group 2 airplane, per the applicable 
service bulletin, no inspections are required on that airplane.
    (2) If it cannot be positively verified from airplane records 
that the airplane is identified as a Group 2 airplane, per the 
applicable service bulletin, the airplane is a Group 3 airplane, and 
the requirements of paragraph (c) of this AD must be accomplished at 
the time specified in paragraph (c) of this AD.

Inspections

    (c) For Group 3 airplanes, as defined in the applicable service 
bulletin: Within 450 landings or 90 days after the effective date of 
this AD, whichever occurs first, do fluorescent dye penetrant and 
fluorescent magnetic particle non-destructive testing (NDT) 
inspections to detect cracking of the shock strut cylinders on the 
MLGs per the applicable service bulletin. Repeat the inspections of 
each shock strut cylinder thereafter at intervals not to exceed 450 
landings on the shock strut cylinder.

Corrective Action

    (d) For Group 3 airplanes as defined in the applicable service 
bulletin: Do the requirements of paragraph (d)(1), (d)(2), or (d)(3) 
of this AD at the times specified, per the applicable service 
bulletin.
    (1) If a crack indication is not found by the inspections done 
per paragraph (c) of this AD, perform repetitive inspections as 
specified in paragraph (c) of this AD.
    (2) If a crack indication is found, prior to further flight, do 
related investigative actions per the applicable service bulletin. 
If cracking is not confirmed, perform repetitive inspections as 
specified in paragraph (c) of this AD.
    (3) If any cracking is confirmed per the investigative actions 
done in paragraph (d)(2) of this AD, prior to further flight, do 
paragraph (d)(3)(i) or (d)(3)(ii) of this AD.
    (i) Replace the cracked shock strut cylinder with a serviceable 
shock strut cylinder, and do paragraph (b) of this AD.
    (ii) Replace the affected left or right shock strut cylinder 
with a new shock strut cylinder, which constitutes terminating 
action for the repetitive inspection requirement in paragraph (c) of 
this AD for that shock strut cylinder.

Credit for Previous Service Bulletin Revision

    (e) For Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), 
and DC-9-87 (MD-87) airplanes; and Model MD-88 airplanes: 
Accomplishment of the requirements of this AD prior to the effective 
date of this AD per Boeing Alert Service Bulletin MD80-32A344, dated 
March 31, 2003; or Boeing Alert Service Bulletin MD80-32A344, 
Revision 1, dated December 17, 2003; is considered acceptable for 
compliance with the initial inspection required in paragraph (c) of 
this AD, and/or replacement actions required by paragraph (d) of 
this AD, as applicable. The repetitive inspection interval remains 
450 landings for the repetitive inspections.

Parts Installation

    (f) As of the effective date of this AD, no person shall install 
on any airplane a shock strut cylinder of the MLG unless that part 
has been inspected and found to be crack-free, in accordance with 
the applicable service bulletin.

Alternative Methods of Compliance

    (g) In accordance with 14 CFR 39.19, the Manager, Los Angeles 
Aircraft Certification Office, FAA, is authorized to approve 
alternative methods of compliance (AMOCs) for this AD.

    Note 1: Information concerning the existence of approved AMOCs 
for this AD, if any, may be obtained from the Los Angeles ACO.

Incorporation by Reference

    (h) Unless otherwise specified in this AD, the actions shall be 
done in accordance with Boeing Alert Service Bulletin MD80-32A344, 
Revision 2, dated January 28, 2004; or Boeing Alert Service Bulletin 
MD90-32A059, dated January 28, 2004; 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 Airplanes, 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

    (i) This amendment becomes effective on March 15, 2004.


    Issued in Renton, Washington, on February 23, 2004.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-4475 Filed 2-26-04; 8:45 am]
BILLING CODE 4910-13-P