[Federal Register Volume 69, Number 241 (Thursday, December 16, 2004)]
[Rules and Regulations]
[Pages 75231-75233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27332]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-333-AD; Amendment 39-13902; AD 2004-25-14]
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: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain McDonnell Douglas airplane models, that requires 
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 action also 
requires 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: Effective January 20, 2005.
    The incorporation by reference of a certain publication listed in 
the regulations is approved by the Director of the Federal Register as 
of January 20, 2005.

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 National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, call (202) 741-6030, or go to: 
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

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: 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 airplane 
models was published in the Federal Register on May 11, 2004 (69 FR 
26052). That action proposed to 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. That action also proposed to require replacing cadmium-
plated retract cylinder support bushings and bearings of both MLG.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the single comment received.

Clarification of the Cost Estimate

    One commenter estimates it will cost more than $30,000 per airplane 
for its fleet of 362 airplanes to accomplish the inspection and 
replacement; for a total cost of over $11,000,000.
    We infer that the commenter wants further clarification of the cost 
estimate specified in the proposed AD. The estimate for both the 
inspection and replacement in the Cost Impact section of the final rule 
is between $20,617 and $29,861 per airplane, which is lower than the 
commenter's cost estimate of more than $30,000 per airplane. However, 
the cost estimate in the proposed AD describes only the direct costs of 
those specific actions required by the proposed AD. We recognize that, 
in doing the actions required by an AD, operators may incur incidental 
costs in addition to the direct costs. As explained in the proposed AD, 
the cost analysis in AD rulemaking actions typically does not include 
incidental costs such as the time required to gain access and close up, 
time necessary for planning, or time necessitated by other 
administrative actions. Those incidental costs, which may vary 
significantly among operators, are almost impossible to calculate. 
Therefore, we have not changed the cost estimate in this final rule.

Conclusion

    After careful review of the available data, including the comment 
noted above, we have determined that air safety and the public interest 
require the adoption of the rule as proposed.

Clarification of Service Information Reference

    Where paragraph (b) of the proposed AD specifies, ``in accordance 
with the service bulletin,'' this final rule specifies, ``in accordance 
with the Accomplishment Instructions of Boeing Service Bulletin DC9-57-
222, dated September 18, 2002.''

Cost Impact

    There are approximately 1,904 airplanes of the affected design in 
the worldwide fleet. We estimate that 1,188 airplanes of U.S. registry 
will be affected by this AD.
    We estimate that it will take approximately 1 work hour per 
airplane to accomplish the required inspection on both MLG, and that 
the average labor

[[Page 75232]]

rate is $65 per work hour. Based on these figures, the cost impact of 
the required inspection on U.S. operators is estimated to be $77,220, 
or $65 per airplane.
    We estimate that it will take approximately between 28 and 42 work 
hours per airplane to accomplish the required replacement on both MLG, 
and that the average labor rate is $65 per work hour. Required parts 
will cost between approximately $18,732 per airplane and $27,066 per 
airplane. Based on these figures, the cost impact of the required 
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 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.

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is 
found in Title 49 of the United States Code. Subtitle I, Section 106 
describes the authority of the FAA Administrator. Subtitle VII, 
Aviation Programs, describes in more detail the scope of the agency's 
authority.
    This rulemaking is promulgated under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, the FAA is charged with promoting 
safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this AD.

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 adding the following new airworthiness 
directive:

2004-25-14 McDonnell Douglas: Amendment 39-13902. 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 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 Accomplishment Instructions of Boeing Service 
Bulletin DC9-57-222, dated September 18, 2002.

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.

Incorporation by Reference

    (d) The actions shall be done in accordance with Boeing Service 
Bulletin DC9-57-222, dated September 18, 2002. 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,

[[Page 75233]]

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 National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, call (202) 741-6030, or go 
to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

Effective Date

    (e) This amendment becomes effective on January 20, 2005.

    Issued in Renton, Washington, on December 1, 2004.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-27332 Filed 12-15-04; 8:45 am]
BILLING CODE 4910-13-P