[Federal Register Volume 71, Number 11 (Wednesday, January 18, 2006)]
[Rules and Regulations]
[Pages 2859-2863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-404]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-105-AD; Amendment 39-14441; AD 2006-01-02]
RIN 2120-AA64


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

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain McDonnell Douglas transport category airplanes, 
that requires an inspection of the upper lock link assembly of the nose 
landing gear (NLG) to determine the manufacturer, repetitive eddy 
current inspections for cracking, and modification or replacement if 
necessary. This AD also provides for optional terminating action for 
the repetitive inspections. The actions specified by this AD are 
intended to prevent fracture of the upper lock link assembly of the 
NLG, which could result in failure of the NLG to extend following a 
gear-down selection, and consequent gear-up landing, structural damage, 
and possible injury to

[[Page 2860]]

passengers and crew. This action is intended to address the identified 
unsafe condition.

DATES: Effective February 22, 2006.
    The incorporation by reference of Boeing Alert Service Bulletin 
DC9-32A340, Revision 01, excluding Appendix A, dated April 29, 2003; 
and Boeing Alert Service Bulletin MD90-32A054, Revision 01, excluding 
Appendix A, dated April 29, 2003; as listed in the regulations, is 
approved by the Director of the Federal Register as of February 22, 
2006.
    The incorporation by reference of McDonnell Douglas Service 
Bulletin DC9-32-315, dated March 11, 1999; Boeing Service Bulletin DC9-
32-315, Revision 01, dated October 24, 2000; McDonnell Douglas Service 
Bulletin MD90-32-033, dated March 11, 1999; and Boeing Service Bulletin 
MD90-32-033, Revision 01, dated October 24, 2000; as listed in the 
regulations, was approved previously by the Director of the Federal 
Register as of March 28, 2002 (67 FR 7949, February 21, 2002).

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.

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 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; MD-88 airplanes; and MD-90-30 airplanes; was published as a 
supplemental notice of proposed rulemaking (NPRM) in the Federal 
Register on June 14, 2005 (70 FR 34411). That action proposed to 
require an inspection of the upper lock link assembly of the nose 
landing gear (NLG) to determine the manufacturer, repetitive eddy 
current inspections for cracking, modification or replacement if 
necessary, and related concurrent actions. That action also proposed to 
provide optional terminating action for the repetitive inspections.

Comments

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

Request To Approve Alternative Methods of Compliance (AMOCs) for AD 
2002-04-01 as AMOCs for the Supplemental NPRM

    One commenter request that we approve AMOCs approved previously for 
AD 2002-04-01, amendment 39-12658 (67 FR 7949, February 21, 2002), as 
AMOCs for the supplemental NPRM. The commenter notes that paragraph (i) 
of the proposed AD states that the Los Angeles Aircraft Certification 
Office (ACO), FAA, can approve AMOCs for this AD but does not state 
whether previously approved AMOCs are applicable to this AD. The 
commenter notes that it has received an AMOC approval letter for AD 
2002-04-01 for an alternate marking method applicable to upper lock 
links.
    We agree with the commenter. AMOCs approved for AD 2002-04-01 are 
acceptable for compliance as AMOCs for the actions specified in 
paragraph (f) of the final rule. Therefore, we have added paragraph 
(i)(3) to the final rule.

Request To List Part Numbers

    One commenter requests that we list all affected part numbers as 
indicated in Figure 1 of Boeing Alert Service Bulletin DC9-32A340, 
Revision 01, dated April 29, 2003, which was referenced as the 
appropriate source of service information for doing the actions in the 
supplemental NPRM for certain airplanes. The commenter did not provide 
justification for the request.
    We do not agree with the commenter. The final rule requires an 
inspection of the upper lock link assembly in accordance with the 
applicable service bulletin. Those service bulletins clearly specify 
the affected part numbers in Figure 1. No further clarification is 
necessary. Including part numbers in the final rule would unnecessarily 
lengthen the final rule and add the potential for typographical errors. 
We have not revised the final rule in this regard.

Request To Revise the Compliance Time

    One commenter requests that we revise the compliance time in the 
supplemental NPRM to be synchronized with the requirements of AD 2002-
04-01, which was cited in the supplemental NPRM as the source of 
certain concurrent requirements. The commenter states that the actions 
specified in the supplemental NPRM conflict with the compliance time 
mandated by AD 2002-04-01. The commenter notes that it has inspected 
124 units in accordance with Boeing Alert Service Bulletin DC9-32A340 
with no evidence of damage. The commenter questions why the 
supplemental NPRM should have a more stringent compliance threshold 
that conflicts with the threshold in AD 2002-04-01.
    We disagree with the commenter because AD 2002-04-01 and this final 
rule address different identified unsafe conditions. The compliance 
time in this final rule corresponds with the manufacturer's recommended 
compliance times specified in Boeing Alert Service Bulletin DC9-32A340. 
In developing an appropriate compliance time for this final rule, we 
considered the urgency associated with the subject unsafe condition, 
the manufacturer's recommendation, the availability of required parts, 
and the practical aspect of accomplishing the required actions within a 
period of time that corresponds to the normal scheduled maintenance for 
most affected operators. However, according to the provisions of 
paragraph (i) of the final rule, we may approve requests to adjust the 
compliance time if the request includes data that prove that the new 
compliance time would provide an acceptable level of safety. We have 
not revised the final rule in this regard.

Clarification of Terminating Action

    We have revised paragraphs (d) and (e) of this AD to clarify that 
the terminating action terminates only the inspections specified in 
paragraphs (b) and (c) of this AD. The parts installation requirement 
specified in paragraph (h) of this AD remains applicable.
    We have also replaced the phrase ``with a new or serviceable upper 
link lock assembly'' in paragraph (e)(2) of this AD with ``with an 
upper lock link assembly, part number (P/N) 5965065-511'' to clarify 
the replacement part. Upper link lock assemblies having other P/Ns must 
be modified as specified in paragraph (e)(1) of this AD in order to be 
a replacement part.

[[Page 2861]]

Clarification of AMOC Paragraph

    We have revised this action to clarify the appropriate procedure 
for notifying the principal inspector before using any approved AMOC on 
any airplane to which the AMOC applies.

Conclusion

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the changes previously 
described. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Cost Impact

    There are approximately 2,021 airplanes of the affected design in 
the worldwide fleet. The FAA estimates that 1,212 airplanes of U.S. 
registry will be affected by this AD.
    It will take approximately 1 work hour per airplane to accomplish 
the general visual inspection, at an average labor rate of $65 per work 
hour. Based on these figures, the cost impact of the general visual 
inspection on U.S. operators is estimated to be $78,780, or $65 per 
airplane.
    It will take approximately 1 work hour per airplane to accomplish 
the high frequency eddy current (HFEC) inspection, at an average labor 
rate of $65 per work hour. Based on these figures, the cost impact of 
the HFEC inspection on U.S. operators is estimated to be $78,780, or 
$65 per airplane, per inspection cycle.
    It would take approximately 8 work hours per airplane to accomplish 
the replacement, if done, at an average labor rate of $65 per work 
hour. Required parts cost approximately $6,346 for a new part. Based on 
these figures, the cost impact of the replacement on U.S. operators is 
estimated to be $6,866 per airplane.
    The cost impact figure discussed above is 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

    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 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:

2006-01-02 McDonnell Douglas: Amendment 39-14441. Docket 2002-NM-
105-AD.

    Applicability: This AD applies to airplanes, certificated in any 
category, as identified in Table 1 of this AD.

                         Table 1.--Applicability
------------------------------------------------------------------------
                Model--                         As identified in--
------------------------------------------------------------------------
DC-9-14, DC-9-15, DC-9-15F, DC-9-21, DC- Boeing Alert Service Bulletin
 9-31, DC-9-32, DC-9-32 (VC-9C), DC-9-    DC9-32A340, Revision 01, dated
 32F, DC-9-33F, DC-9-34, DC-9-34F, DC-9-  April 29, 2003.
 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 MD-88 airplanes.
MD-90-30 airplanes.....................  Boeing Alert Service Bulletin
                                          MD90-32A054, Revision 01,
                                          dated April 29, 2003.
------------------------------------------------------------------------

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent fracture of the upper lock link assembly of the nose 
landing gear (NLG), which could result in failure of the NLG to 
extend following a gear-down selection, and consequent gear-up 
landing, structural damage, and possible injury to passengers and 
crew; accomplish the following:

Service Bulletin References

    (a) The term ``service bulletin,'' as used in this AD, means the 
Accomplishment Instructions of the service bulletin specified in 
paragraph (a)(1) or (a)(2) of this AD, as

[[Page 2862]]

applicable. Although the service bulletins referenced in this AD 
specify to submit information to the manufacturer, this AD does not 
include such a requirement.
    (1) For 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 MD-88 
airplanes: Boeing Alert Service Bulletin DC9-32A340, Revision 01, 
excluding Appendix A, dated April 29, 2003; and
    (2) For Model MD-90-30 airplanes: Boeing Alert Service Bulletin 
MD90-32A054, Revision 01, excluding Appendix A, dated April 29, 
2003.

Inspections

    (b) Within 2,500 flight cycles after the effective date of this 
AD: Do a general visual inspection to determine if the upper lock 
link assembly of the NLG was manufactured by Ready Machine and 
Manufacturing Company (this can be identified by the letters ``RM'' 
adjacent to the serial number), in accordance with the service 
bulletin. Instead of the inspection, a review of airplane 
maintenance records is acceptable if the manufacturer of the upper 
lock link assembly can be positively determined from that review.

    Note 1: For the purposes of this AD, a general visual inspection 
is: ``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 
ensure visual access to all surfaces in the inspection area. This 
level of inspection is made under normal available lighting 
conditions such as daylight, hangar lighting, flashlight or drop-
light 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.''

    (1) If the upper lock link assembly of the NLG was manufactured 
by Ready Machine and Manufacturing Company: Within 2,500 flight 
cycles after the effective date of this AD, do a high frequency eddy 
current (HFEC) inspection of the assembly for cracking, in 
accordance with Condition 1 of the service bulletin.
    (2) If the upper lock link assembly was not manufactured by 
Ready Machine and Manufacturing Company: Within 3,500 flight cycles 
after the effective date of this AD, do an HFEC inspection of the 
assembly for cracking, in accordance with Condition 2 of the service 
bulletin.

No Cracking Found

    (c) If no cracking is found during any HFEC inspection required 
by paragraph (b) of this AD, repeat the HFEC inspection specified in 
paragraph (b) of this AD at intervals not to exceed 4,000 flight 
cycles until accomplishment of either paragraph (e)(1) or (e)(2) of 
this AD.

Cracking Found

    (d) If any cracking is found during any inspection required by 
paragraph (b) or (c) of this AD, before further flight, do the 
replacement of the upper lock link assembly as specified in either 
paragraph (e)(1) or (e)(2) of this AD. Accomplishment of this action 
constitutes terminating action for the repetitive inspection 
requirements of paragraph (c) this AD.

Optional Terminating Action

    (e) Doing the actions specified in either paragraph (e)(1) or 
(e)(2) of this AD constitutes terminating action for the inspection 
requirements of paragraphs (b) and (c) of this AD.
    (1) Replace the upper lock link assembly of the NLG with an 
upper lock link assembly modified in accordance with the service 
bulletin. The modification includes refinishing an uncracked upper 
lock link assembly, and doing related investigative and corrective 
actions, in accordance with the service bulletin.
    (2) Replace the cracked upper lock link assembly of the NLG with 
an upper lock link assembly, part number (P/N) 5965065-511, in 
accordance with the service bulletin.

Prior or Concurrent Actions Required To Be Done With Paragraph (b) of 
This AD

    (f) Before or concurrently with the actions required by 
paragraph (b)(1) or (b)(2) of this AD, as applicable, do the actions 
specified in Table 2 of this AD.

                  Table 2.--Prior or Concurrent Actions
------------------------------------------------------------------------
                                                    In accordance with--
     Do these actions--           Required by--
------------------------------------------------------------------------
Replace the lock link with a  AD 2002-04-01,        McDonnell Douglas
 new upper lock link, a        amendment 39-12658.   Service Bulletin
 reidentified upper lock                             DC9-32-315, dated
 link, or a new upper lock                           March 11, 1999, or
 link assemby, and do any                            Boeing Service
 applicable inspections.                             Bulletin DC9-32-
                                                     315, Revision 01,
                                                     dated October 24,
                                                     2000; or McDonnell
                                                     Douglas Service
                                                     Bulletin MD90-32-
                                                     033, dated March
                                                     11, 1999, or Boeing
                                                     Service Bulletin
                                                     MD90-32-033,
                                                     Revision 01, dated
                                                     October 24, 2000;
                                                     as applicable.
------------------------------------------------------------------------

Actions Accomplished in Accordance With Previous Issues of Service 
Bulletins

    (g) Actions accomplished before the effective date of this AD in 
accordance with Boeing Alert Service Bulletin DC9-32A340; and Boeing 
Alert Service Bulletin MD90-32A054; both dated November 14, 2001; 
are considered acceptable for compliance with the corresponding 
actions specified in this AD.

Parts Installation

    (h) As of the effective date of this AD, no person may install, 
on any airplane, any part specified in paragraphs (h)(1) and (h)(2) 
of this AD, unless it has been modified according to the service 
bulletin.
    (1) Any upper lock link assembly, P/N 5965065-1, 5965065-501, 
5965065-503, or 5965065-507.
    (2) Any upper lock link, P/N 3914464-1, 3914464-501, 3914464-
503, or 3914464-507.

Alternative Methods of Compliance

    (i)(1) 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.
    (2) Before using any AMOC approved in accordance with 14 CFR 
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.
    (3) AMOCs approved previously according to AD 2002-04-01, 
amendment 39-12658, are approved as AMOCs for the corresponding 
provisions of paragraph (f) of this AD.

Incorporation by Reference

    (j) Unless otherwise specified in this AD, the actions must be 
done in accordance with the applicable service bulletin listed in 
Table 3 of this AD.
    (1) The incorporation by reference of the service bulletins 
listed in Table 4 of this AD 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 the service bulletins 
listed in Table 5 of this AD was approved previously by the Director 
of the Federal Register as of March 28, 2002 (67 FR 7949, February 
21, 2002).
    (3) To get copies of this service information, contact Boeing 
Commercial Airplanes, Long Beach Division, 3855 Lakewood Boulevard, 
Long Beach, California 90846, Attention: Data and Service 
Management, Dept. C1-L5A (D800-0024). To inspect copies of this 
service information, go to the FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington; or go to the FAA, Los 
Angeles Aircraft Certification Office, 3960 Paramount Boulevard, 
Lakewood, California; or to the National Archives and Records 
Administration (NARA). For information on

[[Page 2863]]

the availability of this material at the NARA, call (202) 741-6030, 
or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

                                Table 3.--All Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
            Service bulletin                      Revision level                           Date
----------------------------------------------------------------------------------------------------------------
Boeing Alert Service Bulletin DC9-32A340  Revision 01..................  April 29, 2003.
Boeing Alert Service Bulletin MD90-       Revision 01..................  April 29, 2003.
 32A054.
Boeing Service Bulletin DC9-32-315......  Revision 01..................  October 24, 2000.
Boeing Service Bulletin MD90-32-033.....  Revision 01..................  October 24, 2000.
McDonnell Douglas Service Bulletin DC9-   Original.....................  March 11, 1999.
 32-315.
McDonnell Douglas Service Bulletin MD90-  Original.....................  March 11, 1999.
 32-033.
----------------------------------------------------------------------------------------------------------------


                             Table 4.--Material Incorporated by Reference In This AD
----------------------------------------------------------------------------------------------------------------
            Service bulletin                      Revision level                           Date
----------------------------------------------------------------------------------------------------------------
Boeing Alert Service Bulletin DC9-        Revision 01..................  April 29, 2003.
 32A340, excluding Appendix A.
Boeing Alert Service Bulletin MD90-       Revision 01..................  April 29, 2003.
 32A054, excluding Appendix A.
----------------------------------------------------------------------------------------------------------------


                             Table 5.--Material Previously Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
            Service bulletin                      Revision level                           Date
----------------------------------------------------------------------------------------------------------------
Boeing Service Bulletin DC9-32-315......  Revision 01..................  October 24, 2000.
Boeing Service Bulletin MD90-32-033.....  Revision 01..................  October 24, 2000.
McDonnell Douglas Service Bulletin DC9-   Original.....................  March 11, 1999.
 32-315.
McDonnell Douglas Service Bulletin MD90-  Original.....................  March 11, 1999.
 32-033.
----------------------------------------------------------------------------------------------------------------

Effective Date

    (k) This amendment becomes effective on February 22, 2006.

    Issued in Renton, Washington, on December 20, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 06-404 Filed 1-17-06; 8:45 am]
BILLING CODE 4910-13-P