[Federal Register Volume 69, Number 46 (Tuesday, March 9, 2004)]
[Rules and Regulations]
[Pages 10915-10917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4923]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-275-AD; Amendment 39-13513; AD 2004-05-18]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model MD-90-30 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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

SUMMARY: This amendment supersedes an existing airworthiness directive 
(AD), applicable to certain McDonnell Douglas Model MD-90-30 airplanes, 
that currently 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 expands the 
applicability of the existing AD to require the currently required 
inspections, and corrective actions if necessary, on additional 
airplanes and MLG piston part numbers, and requires repetitive 
inspections for evidence of cracking in the paint topcoat of the MLG 
pistons. This amendment also requires replacement of certain MLG shock 
strut piston assemblies with new or serviceable improved assemblies, 
which terminates the requirements of this AD. The actions specified by 
this AD are intended to prevent fatigue cracking of MLG pistons, which 
could result in failure of the pistons, and consequent damage to the 
airplane structure and injury to flightcrew, passengers, or ground 
personnel. This action is intended to address the identified unsafe 
condition.

DATES: Effective April 13, 2004.
    The incorporation by reference of Boeing Service Bulletin MD90-32-
012, Revision 03, dated June 29, 2001, as listed in the regulations, is 
approved by the Director of the Federal Register as of April 13, 2004.
    The incorporation by reference of Boeing Service Bulletin MD90-32-
031, Revision 01, dated April 25, 2001, as listed in the regulations, 
was approved previously by the Director of the Federal Register as of 
June 20, 2002 (67 FR 34823, May 16, 2002).
    The incorporation by reference of certain other publications, as 
listed in the regulations, was approved previously by the Director of 
the Federal Register as of March 22, 2000 (65 FR 7719, February 16, 
2000).

ADDRESSES: 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 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: Carl Fountain, Aerospace Engineer, 
Airframe Branch, ANM-120L, FAA, 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) by superseding AD 2000-03-08, 
amendment 39-11567 (65 FR 7719, February 16, 2000), which is applicable 
to certain McDonnell Douglas Model MD-90-30 airplanes, was published in 
the Federal Register on October 14, 2003 (68 FR 59139). The action 
proposed to continue to require repetitive fluorescent penetrant and 
magnetic particle inspections to detect fatigue cracking of the main 
landing gear (MLG) piston, and repair if necessary. The action proposed 
to expand the applicability of the existing AD to require the currently 
required inspections, and corrective actions if

[[Page 10916]]

necessary, on additional airplanes and MLG piston part numbers, and to 
require repetitive inspections for evidence of cracking in the paint 
topcoat of the MLG pistons. The action also proposed to require 
replacement of certain MLG shock strut piston assemblies with new or 
serviceable improved assemblies, which would terminate the requirements 
of this 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.

Conclusion

    The FAA has determined that air safety and the public interest 
require the adoption of the rule as proposed.

Cost Impact

    There are approximately 114 Model MD-90-30 airplanes of the 
affected design in the worldwide fleet.
    In AD 2000-03-08, the FAA estimated that the actions in that AD 
applied to 15 airplanes of U.S. registry. The actions that are 
currently required by AD 2000-03-08 take approximately 2 work hours per 
airplane to accomplish, at an average labor rate of $65 per work hour. 
Based on these figures, the cost impact of the currently required 
actions on U.S. operators is estimated to be $1,950, or $130 per 
airplane, per inspection cycle.
    We estimate that 21 airplanes of U.S. registry will be affected by 
this new AD.
    The new inspections required in this AD action will take 
approximately 2 work hours per airplane to accomplish, at an average 
labor rate of $65 per work hour. Based on these figures, the cost 
impact of the new requirements of this AD on U.S. operators is 
estimated to be $2,730, or $130 per airplane.
    The replacement of MLG pistons included in this AD is already 
required by AD 2002-10-03. Therefore, this AD adds no new costs 
associated with that action. We restate the cost impact estimate in its 
entirety in this AD for the convenience of affected operators:
    The replacement included in this AD action and currently required 
by AD 2002-10-03 takes approximately 28 work hours per airplane to 
accomplish, at an average labor rate of $65 per work hour. Required 
parts cost approximately $263,438 per airplane. Based on these figures, 
the cost impact of this requirement on U.S. operators of airplanes 
subject to this AD is estimated to be $5,570,418, or $265,258 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. The manufacturer may cover the cost of 
replacement parts associated with this AD, subject to warranty 
conditions. As a result, the costs attributable to the AD may be less 
than stated above.

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

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 removing amendment 39-11567 (65 FR 7719, 
February 16, 2000), and by adding a new airworthiness directive (AD), 
amendment 39-13513, to read as follows:

2004-05-18 McDonnell Douglas: Amendment 39-13513. Docket 2001-NM-
275-AD. Supersedes AD 2000-03-08, Amendment 39-11567.

    Applicability: Model MD-90-30 airplanes listed in Boeing Service 
Bulletin MD90-32-012, Revision 03, dated June 29, 2001; certificated 
in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent 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 flightcrew, passengers, or 
ground personnel; accomplish the following:

Restatement of Requirements of AD 2000-03-08

Inspection of MLG Piston Part Number 5935347-509

    (a) For airplanes listed in McDonnell Douglas Service Bulletin 
MD90-32-012, Revision 01, dated June 2, 1998: 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; or Boeing 
Service Bulletin MD90-32-012, Revision 03, dated June 29, 2001; 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 total landings; or
    (2) Within 2,500 landings or 12 months after March 22, 2000 (the 
effective date of AD 2000-03-08, amendment 39-11567), whichever is 
first.

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

    (b) For airplanes listed in McDonnell Douglas Service Bulletin 
MD90-32-012, Revision 01, dated June 2, 1998: For MLG pistons, P/Ns 
5935347-511 and -513, within 5,000 landings after March 22, 2000, 
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; or Boeing Service Bulletin MD90-
32-012, Revision 03, dated June 29, 2001. Repeat the inspections 
thereafter at intervals not to exceed 5,000 landings.

Repair

    (c) If any crack is found during any inspection required by 
paragraphs (a), (b), or (f) of this AD: Repair in accordance with a 
method approved by the Manager, Los Angeles Aircraft Certification 
Office (ACO), FAA. For a repair method to be approved by

[[Page 10917]]

the Manager, Los Angeles ACO, as required by this paragraph, the 
Manager's approval letter must specifically refer to this AD.

New Requirements of This AD

No Requirement to Submit Information

    (d) Although Boeing Service Bulletin MD90-32-012, Revision 03, 
dated June 29, 2001, specifies to submit information to the 
manufacturer, this AD does not include such a requirement.

Clarification of Inspection Sequence

    (e) For inspections accomplished after the effective date of 
this AD: Where this AD requires fluorescent penetrant and magnetic 
particle inspections, accomplishment of the fluorescent penetrant 
inspection must precede accomplishment of the magnetic particle 
inspection.

Inspection of MLG Piston P/Ns 5935347-1 through -509, -511, and -
513; and SR09320081-3 through -13

    (f) For any MLG piston having P/N 5935347-1 through -509, -511, 
or -513; or P/Ns SR09320081-3 through -13: Perform fluorescent 
penetrant and magnetic particle inspections to detect fatigue 
cracking of the MLG pistons, in accordance with Boeing Service 
Bulletin MD90-32-012, Revision 03, dated June 29, 2001. Do the 
initial inspections at the later of the times specified in 
paragraphs (f)(1) and (f)(2) of this AD, except as provided by 
paragraph (g) of this AD. Repeat the inspections thereafter at 
intervals not to exceed 5,000 landings.
    (1) Prior to the accumulation of 4,000 total landings; or
    (2) Within 2,500 landings or 12 months after the effective date 
of this AD, whichever is first.

MLG Pistons Inspected Per Paragraph (a) or (b) of This AD

    (g) MLG pistons having P/N 5935347-509, -511, or -513 that have 
been inspected as required by paragraph (a) or (b) of this AD, as 
applicable, are not required to be reinspected per paragraph (f) of 
this AD.

Repetitive Inspections for Evidence of Cracking and Follow-on 
Actions

    (h) During the first brake change after the effective date of 
this AD, perform a general visual inspection to find evidence of 
cracking in the paint topcoat of the MLG piston, per the 
Accomplishment Instructions of Boeing Service Bulletin MD90-32-012, 
Revision 03, dated June 29, 2001. Repeat this inspection during 
every brake change.
    (1) If any evidence of cracking in the paint topcoat, as 
described in the service bulletin, is found: Within 7 days or 50 
landings after the evidence is found, whichever is first, perform a 
non-destructive test (NDT) inspection of the MLG piston to determine 
if there is any cracking.
    (2) If any crack is found during the NDT inspection required by 
paragraph (h)(1) of this AD, before further flight, repair per a 
method approved by the Manager, Los Angeles ACO. For a repair method 
to be approved by the Manager, Los Angeles ACO, as required by this 
paragraph, the Manager's approval letter must specifically refer to 
this AD.

    Note 1: 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.''

Inspections Accomplished Per Previous Issue of Service Bulletin

    (i) Inspections accomplished before the effective date of this 
AD per McDonnell Douglas Service Bulletin MD90-32-012, Revision 02, 
dated June 29, 1999, are considered acceptable for compliance with 
the corresponding actions specified in this AD.

Replacement of MLG Shock Strut Piston Assemblies

    (j) Before the accumulation of 30,000 total landings on the MLG 
shock strut piston assemblies, or within 5,000 landings after June 
20, 2002 (the effective date of AD 2002-10-03, amendment 39-12749), 
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 MD90-32-031, Revision 01, dated April 25, 2001. If 
the MLG shock strut piston is not serialized or the number of 
landings on the piston cannot be conclusively determined, consider 
the total number of landings on the piston assembly to be equal to 
the total number of landings accumulated by the airplane with the 
highest total number of landings in the operator's fleet.

    Note 2: Paragraph (a) of AD 2002-10-03, amendment 39-12749, 
requires the same actions as paragraph (j) of this AD.

Compliance With Requirements of Other ADs

    (k) Accomplishment of the replacement required by paragraph (j) 
of this AD constitutes terminating action for the requirements of 
this AD and AD 2002-10-03, amendment 39-12749, for the Model MD-90-
30 airplanes listed in Boeing Service Bulletin MD90-32-012, Revision 
03, dated June 29, 2001.

Alternative Methods of Compliance

    (l)(1) In accordance with 14 CFR 39.19, the Manager, Los Angeles 
ACO, is authorized to approve alternative methods of compliance for 
this AD.
    (2) Alternative methods of compliance, approved previously per 
AD 2000-03-08, amendment 39-11567, are approved as alternative 
methods of compliance with paragraphs (a), (b), and (c) of this AD.

Incorporation by Reference

    (m) Unless otherwise specified in this AD, the actions must 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; Boeing Service Bulletin 
MD90-32-012, Revision 03, dated June 29, 2001; and Boeing Service 
Bulletin MD90-32-031, Revision 01, dated April 25, 2001; as 
applicable.
    (1) The incorporation by reference of Boeing Service Bulletin 
MD90-32-012, Revision 03, dated June 29, 2001, is approved by the 
Director of the Federal Register in accordance with 5 U.S.C. 552(a) 
and 1 CFR part 51.
    (2) The incorporation by reference of Boeing Service Bulletin 
MD90-32-031, Revision 01, dated April 25, 2001, was approved 
previously by the Director of the Federal Register as of June 20, 
2002 (67 FR 34823, May 16, 2002).
    (3) The incorporation by reference of McDonnell Douglas Service 
Bulletin MD90-32-012, dated May 19, 1997; and McDonnell Douglas 
Service Bulletin MD90-32-012, Revision 01, dated June 2, 1998; was 
approved previously by the Director of the Federal Register as of 
March 22, 2000 (65 FR 7719, February 16, 2000).
    (4) 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

    (n) This amendment becomes effective on April 13, 2004.

    Issued in Renton, Washington, on February 25, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-4923 Filed 3-8-04; 8:45 am]
BILLING CODE 4910-13-P