[Federal Register Volume 70, Number 179 (Friday, September 16, 2005)]
[Rules and Regulations]
[Pages 54616-54618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18314]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-21140; Directorate Identifier 2004-NM-274-AD; 
Amendment 39-14273; AD 2005-19-08]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
transport category airplanes listed above. This AD requires repetitive 
inspections for cracks of the main landing gear (MLG) shock strut 
cylinder, and related investigative and corrective actions if 
necessary. This AD results from two reports of a collapsed MLG and a 
report of cracks in two MLG cylinders. We are issuing this AD to detect 
and correct fatigue cracks in the shock strut cylinder of the MLG, 
which could result in a collapsed MLG during takeoff or landing, and 
possible reduced structural integrity of the airplane.

DATES: This AD becomes effective October 21, 2005.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of October 21, 
2005.

ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov or in person at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street SW., Nassif Building, 
room PL-401, Washington, DC.
    Contact Boeing Commercial Airplanes, Long Beach Division, 3855 
Lakewood Boulevard, Long Beach, California 90846, Attention: Data and 
Service Management, Dept. C1-L5A (D800-0024), for service information 
identified in this AD.

FOR FURTHER INFORMATION CONTACT: Wahib Mina, Aerospace Engineer, 
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification 
Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137; 
telephone (562) 627-5324; fax (562) 627-5210.

SUPPLEMENTARY INFORMATION:

Examining the Docket

    You may examine the airworthiness directive (AD) docket on the 
Internet at http://dms.dot.gov or in person at the Docket Management 
Facility office between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The Docket Management Facility office 
(telephone (800) 647-5227) is located on the plaza level of the Nassif 
Building at the street address stated in the ADDRESSES section.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that would apply to all McDonnell Douglas 
Model DC-9-14, DC-9-15, and DC-9-15F airplanes; Model DC-9-21 
airplanes; Model DC-9-31, DC-9-32, DC-9-32 (VC-9C), DC-9-32F, DC-9-33F, 
DC-9-34, DC-9-34F, and DC-9-32F (C-9A, C-9B) airplanes; Model DC-9-41 
airplanes; and Model DC-9-51 airplanes. That NPRM was published in the 
Federal Register on May 9, 2005 (70 FR 24338). That NPRM proposed to 
require repetitive inspections for cracks of the main landing gear 
(MLG) shock strut cylinder, and related investigative and corrective 
actions if necessary.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments received.

Request to Refer to Latest Service Bulletin Revision

    The commenter, an airplane operator, states that the manufacturer 
is planning to revise Boeing Alert Service Bulletin DC9-32A350, dated 
December 3, 2004, which was cited as the appropriate source of service 
information for the action in the NPRM. The commenter asks that we 
revise paragraph (f) to refer to the new revision of the service 
bulletin, and that we also give credit for the actions done in 
accordance with the original issue of the service bulletin. In 
addition, the commenter requests that we address certain references in 
the service bulletin that are incorrect.
    We agree with the commenter. We have revised paragraph (f) of the 
final rule to refer to Boeing Alert Service Bulletin DC9-32A350, 
Revision 1, dated August 3, 2005, as the appropriate source of service 
information. We have also added a new paragraph (l) to give credit for 
the actions done in accordance with the original issue of the service 
bulletin, and re-identified the subsequent paragraph accordingly. 
Revision 1 of the service bulletin does not increase the scope of the 
AD;

[[Page 54617]]

however it corrects certain references, including incorrect references 
to certain procedures for paint removal from the inspection area.

Request to Add Optional Terminating Action

    The same commenter states that the manufacturer has designed a new-
material shock strut cylinder that is not air-melted. The commenter 
states that installing this new part should be considered as an 
optional terminating action for the inspections in the NPRM. The 
commenter points out that cylinders that are not air-melted are not 
subject to the unsafe condition addressed in the NPRM.
    We disagree with the commenter. The manufacturer has advised us it 
has designed a new-material shock strut cylinder that is not air-
melted, although this part is not yet available. However, operators may 
request alternative methods of compliance with the requirements of this 
rule; paragraph (n) of the final rule includes a provision for the 
approval of such methods. We have not changed the final rule in this 
regard.

Conclusion

    We have carefully reviewed the available data, including the 
comments received, and determined that air safety and the public 
interest require adopting the AD with the changes described previously. 
We have determined that these changes will neither increase the 
economic burden on any operator nor increase the scope of the AD.

Costs of Compliance

    There are about 644 airplanes of the affected design in the 
worldwide fleet. The following table provides the estimated costs for 
U.S. operators to comply with this AD.

                                                                     Estimated Costs
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                                                                                                                        Number of
                                                          Average                                                         U.S.-
             Action                    Work  hours       labor rate            Parts            Cost per  airplane     registered         Fleet cost
                                                          per hour                                                      airplanes
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Inspection, per inspection cycle  4 to 6..............          $65  None....................  $260 to $390........             426  $110,760 to
                                                                                                                                      $166,140, per
                                                                                                                                      inspection cycle.
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Authority for this Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. 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.
    We are issuing this rulemaking under the authority described in 
subtitle VII, part A, subpart III, section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA 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 
rulemaking action.

Regulatory Findings

    We have determined that this AD will not have federalism 
implications under Executive Order 13132. This AD 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.
    For the reasons discussed above, I certify that this AD:
    (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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket. See the ADDRESSES 
section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2005-19-08 McDonnell Douglas: Amendment 39-14273. Docket No. FAA-
2005-21140; Directorate Identifier 2004-NM-274-AD.

Effective Date

    (a) This AD becomes effective October 21, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all McDonnell Douglas Model DC-9-14, DC-
9-15, and DC-9-15F airplanes; Model DC-9-21 airplanes; Model DC-9-
31, DC-9-32, DC-9-32 (VC-9C), DC-9-32F, DC-9-33F, DC-9-34, DC-9-34F, 
and DC-9-32F (C-9A, C-9B) airplanes; Model DC-9-41 airplanes; and 
Model DC-9-51 airplanes; certificated in any category.

Unsafe Condition

    (d) This AD results from two reports of a collapsed main landing 
gear (MLG) and a report of cracks in two MLG cylinders. We are 
issuing this AD to detect and correct fatigue cracks in the shock 
strut cylinder of the MLG, which could result in a collapsed MLG 
during takeoff or landing, and possible reduced structural integrity 
of the airplane.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Service Bulletin Reference Paragraph

    (f) The term ``service bulletin,'' as used in this AD, means the 
Accomplishment Instructions of Boeing Alert Service Bulletin DC9-
32A350, Revision 1, dated August 3, 2005.

Records Review

    (g) Before the applicable compliance time specified in paragraph 
(h) or Table 1 of this AD, as applicable, do the applicable actions 
in paragraphs (g)(1) and (g)(2) of this AD.
    (1) For all airplane groups: Review the airplane maintenance 
records of the MLG to

[[Page 54618]]

determine its service history and the number of landings on the MLG 
shock strut cylinder.
    (2) For Group 3 airplanes identified in the service bulletin: 
Review the maintenance records to determine if the MLG cylinder on 
each Group 3 airplane has always been on a Group 3 airplane, and do 
the actions in paragraph (k) of this AD.

Inspection

    (h) Inspect the MLG shock strut cylinders for cracks using the 
Option 1 or Option 2 non-destructive testing inspection described in 
the service bulletin. Inspect in accordance with the Accomplishment 
Instructions of the service bulletin. Do the detailed inspection 
before the accumulation of 60,000 total landings on the MLG, or at 
the applicable grace period specified in Table 1 of this AD, 
whichever occurs later, except as provided by paragraph (k) of this 
AD. If the review of maintenance records is not sufficient to 
conclusively determine the service history and number of landings on 
the MLG shock strut cylinder, perform the initial inspection at the 
applicable grace period specified in Table 1 of this AD.

             Table 1.--Grace Period and Repetitive Interval
------------------------------------------------------------------------
   Airplanes identified in the                            Repetitive
    service bulletin as group        Grace period          interval
------------------------------------------------------------------------
1...............................  Within 18 months    Intervals not to
                                   or 650 landings     exceed 650
                                   after the           landings.
                                   effective date of
                                   this AD,
                                   whichever occurs
                                   first.
2...............................  Within 18 months    Intervals not to
                                   or 500 landings     exceed 500
                                   after the           landings.
                                   effective date of
                                   this AD,
                                   whichever occurs
                                   first.
3, except as provided by          Within 18 months    Intervals not to
 paragraph (k) of this AD.         or 2,500 landings   exceed 2,500
                                   after the           landings.
                                   effective date of
                                   this AD,
                                   whichever occurs
                                   first.
4...............................  Within 18 months    Intervals not
                                   or 2,100 landings   exceed 2,100
                                   after the           landings.
                                   effective date of
                                   this AD,
                                   whichever occurs
                                   first.
------------------------------------------------------------------------

No Crack Indication Found

    (i) If no crack indication is found during the inspection 
required by paragraph (h) of this AD, repeat the inspection at the 
applicable interval specified in Table 1 of this AD.

Related Investigative and Corrective Actions

    (j) If any crack indication is found during any inspection 
required by paragraph (h) or (i) of this AD, before further flight: 
Confirm the crack indication by doing all applicable related 
investigative actions and doing the applicable corrective actions in 
accordance with the service bulletin. Repeat the inspection at the 
applicable threshold and interval specified in paragraph (h) of this 
AD.

MLG Cylinder Previously Installed on Group 4 Airplanes

    (k) For MLG cylinders on Group 3 airplanes as identified in the 
service bulletin: If the MLG cylinder was previously installed on a 
Group 4 airplane, as identified in the service bulletin, or if the 
service history and number of landings cannot be determined, the MLG 
cylinder must be inspected at the grace period and repetitive 
interval that applies to Group 4 airplanes, as specified in Table 1 
of this AD.

Actions Accomplished in Accordance With Original Issue of Service 
Bulletin

    (l) Actions done before the effective date of this AD in 
accordance with Boeing Alert Service Bulletin DC9-32A350, dated 
December 3, 2004, are acceptable for compliance with the 
corresponding actions required by this AD.

Alternative Methods of Compliance (AMOCs)

    (m) The Manager, Los Angeles Aircraft Certification Office, FAA, 
has the authority to approve AMOCs for this AD, if requested in 
accordance with the procedures found in 14 CFR 39.19.

Material Incorporated by Reference

    (n) You must use Boeing Alert Service Bulletin DC9-32A350, 
Revision 1, dated August 3, 2005, to perform the actions that are 
required by this AD, unless the AD specifies otherwise. The Director 
of the Federal Register approved the incorporation by reference of 
this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
Contact Boeing Commercial Airplanes, Long Beach Division, 3855 
Lakewood Boulevard, Long Beach, California 90846, Attention: Data 
and Service Management, Dept. C1-L5A (D800-0024), for a copy of this 
service information. You may review copies at the Docket Management 
Facility, U.S. Department of Transportation, 400 Seventh Street SW., 
room PL-401, Nassif Building, Washington, DC; on the Internet at 
http://dms.dot.gov; or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at the NARA, call (202) 741-6030, or go to http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on September 7, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-18314 Filed 9-15-05; 8:45 am]
BILLING CODE 4910-13-P