[Federal Register Volume 69, Number 91 (Tuesday, May 11, 2004)]
[Proposed Rules]
[Pages 26052-26054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10696]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 69, No. 91 / Tuesday, May 11, 2004 / Proposed 
Rules  

[[Page 26052]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-333-AD]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model DC-9-14, DC-9-
15, and DC-9-15F Airplanes; DC-9-20, DC-9-30, DC-9-40, DC-9-50 Series 
Airplanes; 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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain McDonnell Douglas airplane 
models. This proposal would require an inspection of the retract 
cylinder support fitting and the cylinder bore of the support fitting 
of both main landing gear (MLG) for corrosion, and corrective action, 
if necessary. This proposal would also require replacing cadmium-plated 
retract cylinder support bushings and bearings of both MLG. This action 
is necessary to detect and correct corrosion to the retract cylinder 
support fitting of the MLG and the cylinder bore in the support 
fitting, which could result in compromised integrity of the retract 
cylinder support fitting of the MLG and possible damage to the 
hydraulic system. This action is intended to address the identified 
unsafe condition.

DATES: Comments must be received by June 25, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-333-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. 2002-NM-333-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 the proposed rule 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.

FOR FURTHER INFORMATION CONTACT: Mike 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: 

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 2002-NM-333-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. 2002-NM-333-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The FAA has received a report indicating that on a Model MD-80 
series airplane there was a failure of the retract cylinder support 
fitting of the main landing gear (MLG) during gear extension, damaging 
the hydraulic system. The cause of the failure was extensive corrosion 
damage to the retract cylinder support fitting of the MLG and the 
cylinder bore in the support fitting. This condition, if not detected 
and corrected, could result in compromised integrity of the retract 
cylinder support fitting of the MLG and possible damage to the 
hydraulic system.

Similar Models

    The retract cylinder support fitting of the MLG on certain Model 
DC-9-14, DC-9-15, and DC-9-15F airplanes; and DC-9-20, DC-9-30, DC-9-
40, DC-9-50 series airplanes are similar to those on the affected Model 
MD-80 series airplane. Therefore, all of these models may be subject to 
the same unsafe condition.

[[Page 26053]]

Explanation of Relevant Service Information

    The FAA has reviewed and approved Boeing Service Bulletin DC9-57-
222, dated September 18, 2002, which describes procedures for a general 
visual inspection of the retract cylinder support fitting and the 
cylinder bore of the support fitting of both MLG for corrosion, and 
corrective action as necessary; and replacing cadmium-plated retract 
cylinder support bushings and bearings of the MLG with bushings and 
bearings that do not have cadmium plating in the bore. The corrective 
actions include replacing the retract cylinder support fitting of the 
MLG with a fitting having a different part number; and repairing, 
reidentifying, and installing the retract cylinder support fitting of 
the MLG. Accomplishment of the actions specified in the service 
bulletin 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 bulletin described previously.

Clarification of Compliance Time

    Operators should note that the service bulletin specifies a 
compliance time of ``within 15,000 flight-hours after the issue date on 
this service bulletin on airplanes that have accumulated 30,000 or more 
flight-hours.'' We have confirmed with the manufacturer that the 
actions must be accomplished on all affected airplanes within 30,000 
flight hours or within a grace period of 15,000 flight hours after the 
issue date of the service bulletin, whichever occurs later. To clarify 
the compliance time, this proposed AD has a compliance time of ``prior 
to the accumulation of 30,000 total flight hours, or within 15,000 
flight hours after the effective date of the AD, whichever is later.''

Cost Impact

    There are approximately 1,904 airplanes of the affected design in 
the worldwide fleet. The FAA estimates that 1,188 airplanes of U.S. 
registry would be affected by this proposed AD.
    We estimate that it would take approximately 1 work hour per 
airplane to accomplish the proposed inspection on both MLG, and that 
the average labor rate is $65 per work hour. Based on these figures, 
the cost impact of the proposed inspection on U.S. operators is 
estimated to be $77,220, or $65 per airplane.
    We estimate that it would take approximately between 28 and 42 work 
hours per airplane to accomplish the proposed replacement on both MLG, 
and that the average labor rate is $65 per work hour. Required parts 
would cost between approximately $18,732 per airplane and $27,066 per 
airplane. Based on these figures, the cost impact of the proposed 
replacement on U.S. operators is estimated to be between $24,415,776 
and $35,397,648, or between $20,552 and $29,796 per airplane.
    The cost impact figures discussed above are 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 2002-NM-333-AD.

    Applicability: Model DC-9-14, DC-9-15, DC-9-15F, DC-9-21, DC-9-
31, DC-9-32, DC-9-32 (VC-9C), DC-9-32F, DC-9-33F, DC-9-34, DC-9-34F, 
DC-9-32F (C-9A, C-9B), DC-9-41, DC-9-51, 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 Service Bulletin DC9-57-222, 
dated September 18, 2002; certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To detect and correct corrosion to the retract cylinder support 
fitting of the main landing gear (MLG) and the cylinder bore in the 
support fitting, which could result in compromised integrity of the 
retract cylinder support fitting of the MLG and possible damage to 
the hydraulic system, accomplish the following:

Inspection and Replacement

    (a) Prior to the accumulation of 30,000 total flight hours, or 
within 15,000 flight hours after the effective date of the AD, 
whichever is later, do the actions in paragraphs (a)(1) and (a)(2) 
of this AD in accordance with the Accomplishment Instructions of 
Boeing Service Bulletin DC9-57-222, dated September 18, 2002.
    (1) Do the inspection specified in paragraph (a)(1)(i) or 
(a)(1)(ii) of this AD, as applicable. Before further flight 
following the inspection, accomplish all applicable corrective 
actions specified in the Accomplishment Instructions of Boeing 
Service Bulletin DC9-57-222, dated September 18, 2002. Do the 
actions in accordance with the service bulletin.
    (i) For Group 1 airplanes specified in paragraph 1.A.1. of the 
service bulletin, do a general visual inspection of the retract 
cylinder support fitting and the cylinder bore of the support 
fitting of both MLG for corrosion.
    (ii) For Group 2 airplanes specified in paragraph 1.A.1. of the 
service bulletin, do a general visual inspection of the retract 
cylinder support fitting of both MLG for corrosion.

    Note 1: For the purposes of this AD, a general visual inspection 
is defined as: ``A

[[Page 26054]]

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.''

    (2) Replace cadmium-plated retract cylinder support bushings and 
bearings of the MLG with bushings and bearings that do not have 
cadmium plating in the bore.

Parts Installation

    (b) As of the effective date of this AD, no person shall install 
a retract cylinder support fitting for the MLG, part number (P/N) 
3935860-1, 3912891-1, or 3912891-501 on any airplane, unless it has 
been found to have no corrosion during the inspection required by 
paragraph (a) of this AD, or unless it has been modified in 
accordance with the service bulletin.

Alternative Methods of Compliance

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

    Issued in Renton, Washington, on April 29, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-10696 Filed 5-10-04; 8:45 am]
BILLING CODE 4910-13-P