[Federal Register Volume 74, Number 145 (Thursday, July 30, 2009)]
[Proposed Rules]
[Pages 37963-37965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18157]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0658; Directorate Identifier 2009-NM-058-AD]
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: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede an existing airworthiness 
directive (AD) that applies to all 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. The existing AD currently 
requires repetitive inspections for cracks of the main landing gear 
(MLG) shock strut cylinder, and related investigative and corrective 
actions if necessary. This proposed AD would add more work on airplanes 
that have main landing gear shock struts with certain identified part 
numbers. This proposed AD results from two reports of a collapsed MLG 
and a report of cracks in two MLG cylinders. We are proposing 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: We must receive comments on this proposed AD by September 14, 
2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
3855 Lakewood Boulevard, MC D800-0019, Long Beach, California 90846-
0001; telephone 206-544-5000, extension 2; fax 206-766-5683; e-mail 
[email protected]; Internet https://www.myboeingfleet.com. You may 
review copies of the referenced service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington. For information on the availability of this material at the 
FAA, call 425-227-1221 or 425-227-1152.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Office (telephone 800-647-5527) is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

FOR FURTHER INFORMATION CONTACT: Wahib Mina, 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: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-0658; 
Directorate Identifier 2009-NM-058-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    On September 7, 2005, we issued AD 2005-19-08, amendment 39-14273 
(70 FR 54616, September 16, 2005), for all 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. That AD requires 
repetitive inspections for cracks of the main landing gear (MLG) shock 
strut cylinder, and related investigative and corrective actions if 
necessary. That AD resulted from two reports of a collapsed MLG and a 
report of cracks in two MLG cylinders. We issued that 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.

Actions Since Existing AD Was Issued

    Since we issued AD 2005-19-08, the manufacturer revised the service 
information referenced in that AD, i.e., Boeing Alert Service Bulletin 
DC9-32A350, Revision 1, dated August 3, 2005, to add more work on 
airplanes that have shock struts with part numbers 5924400-505 and 
5924400-506.

Relevant Service Information

    We have reviewed Boeing Alert Service Bulletin DC9-32A350, Revision 
2, dated March 20, 2009, which specifies that shock struts having part 
numbers 5924400-505 and 5924400-506 must be included with those struts 
that require repetitive non-destructive testing inspections. The 
remaining actions are otherwise unchanged.

FAA's Determination and Requirements of the Proposed AD

    We have evaluated all pertinent information and identified an 
unsafe

[[Page 37964]]

condition that is likely to develop on other airplanes of the same type 
design. For this reason, we are proposing this AD, which would 
supersede AD 2005-19-08 and would retain its requirements. This 
proposed AD would also require accomplishing the actions specified for 
the additional shock struts.

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 proposed AD.

                                                                     Estimated Costs
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                                                              Average                                                  Number of
                                                               labor                                                     U.S.-
               Action                      Work hours         rate per          Parts            Cost per airplane     registered        Fleet cost
                                                                hour                                                   airplanes
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Inspection.........................  4 to 6................        $80  None.................  $320 to $480 per               426  $136,320 to $204,480
                                                                                                inspection cycle.                   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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.
    For the reasons discussed above, I certify that the 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. 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 proposed 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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The FAA amends Sec.  39.13 by removing amendment 39-14273 (70 FR 
54616, September 16, 2005) and adding the following new AD:

McDonnell Douglas: Docket No. FAA-2009-0658; Directorate Identifier 
2009-NM-058-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by September 
14, 2009.

Affected ADs

    (b) This AD supersedes AD 2005-19-08.

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.

Subject

    (d) Air Transport Association (ATA) of America Code 32: Landing 
gear.

Unsafe Condition

    (e) 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

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.
    Restatement of Requirements of AD 2005-19-08 with Revised 
Service Information:

Records Review

    (g) Except as required by paragraph (m) of this AD, 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 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 
Boeing Alert Service Bulletin DC9-32A350, Revision 1, dated August 
3, 2005; or Revision 2, dated March 20, 2009, except as required by 
paragraph (m) of this AD. Inspect in accordance with the 
Accomplishment Instructions of Boeing Alert Service Bulletin DC9-
32A350, Revision 1, dated August 3, 2005; or Revision 2, dated March 
20, 2009; except as required by paragraph (m) of this AD. After the 
effective date of this AD, use only Boeing Alert Service Bulletin 
DC9-32A350, Revision 2, dated March 20, 2009. 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 required by paragraph (m) of 
this AD, and except as provided by paragraph (k) of this AD. If the 
review of maintenance records is not sufficient to conclusively 
determine the service history

[[Page 37965]]

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--Threshold and Repetitive Interval
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 Airplanes identified in the
 service bulletin  as group         Threshold        Repetitive interval
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1...........................  Within 18 months or   Intervals not to
                               650 landings after    exceed 650
                               October 21, 2005      landings.
                               (the effective date
                               of AD 2005-19-08),
                               whichever occurs
                               first.
2...........................  Within 18 months or   Intervals not to
                               500 landings after    exceed 500
                               October 21, 2005,     landings.
                               whichever occurs
                               first.
3, except as provided by      Within 18 months or   Intervals not to
 paragraph (k) of this AD.     2,500 landings        exceed 2,500
                               after October 21,     landings.
                               2005, whichever
                               occurs first.
4...........................  Within 18 months or   Intervals not to
                               2,100 landings        exceed 2,100
                               after October 21,     landings.
                               2005, whichever
                               occurs first.
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No Indication of Cracking Is Found

    (i) If no indication of cracking is found during the inspection 
required by paragraph (h) of this AD, repeat the inspection in 
accordance with Boeing Alert Service Bulletin DC9-32A350, Revision 
1, dated August 3, 2005; or Boeing Alert Service Bulletin DC9-
32A350, Revision 2, dated March 20, 2009; at the applicable interval 
specified in Table 1 of this AD, except as required by paragraph (m) 
of this AD. After the effective date of this AD, use only Boeing 
Alert Service Bulletin DC9-32A350, Revision 2, dated March 20, 2009, 
of the service bulletin.

Related Investigative and Corrective Actions

    (j) If any indication of cracking is found during any inspection 
required by paragraph (h) or (i) of this AD: Before further flight, 
confirm the indication of cracking by doing all applicable related 
investigative actions and doing the applicable corrective actions in 
accordance with Boeing Alert Service Bulletin DC9-32A350, Revision 
1, dated August 3, 2005; or Revision 2, dated March 20, 2009; except 
as required by paragraph (m) of this AD. After the effective date of 
this AD, use only Boeing Alert Service Bulletin DC9-32A350, Revision 
2, dated March 20, 2009, of 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 
Boeing Alert Service Bulletin DC9-32A350, Revision 1, dated August 
3, 2005; or Revision 2, dated March 20, 2009: If the MLG cylinder 
was previously installed on a Group 4 airplane, as identified in 
Boeing Alert Service Bulletin DC9-32A350, Revision 1, dated August 
3, 2005; or Revision 2, dated March 20, 2009; 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, except as required by paragraph (m) of this AD.

Actions Accomplished in Accordance With Original Issue of Service 
Bulletin

    (l) For airplanes with shock struts that have part numbers other 
than 5924400-505 and 5924400-506: 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 paragraphs (h), (i), (j), 
and (k) of this by this AD.

New Requirements of This AD

    (m) For airplanes with shock struts that have part numbers 
5924400-505 and 5924400-506: Do the actions required by paragraphs 
(g), (h), (i), (j), and (k), as applicable, in accordance with 
Boeing Alert Service Bulletin DC9-32A350, Revision 2, dated March 
20, 2009. Do the actions at the time specified in those paragraphs, 
except where Table 1 of this AD specifies a compliance time after 
October 21, 2005, the compliance time for these airplanes is within 
the specified compliance time after the effective date of this AD.

Alternative Methods of Compliance (AMOCs)

    (n)(1) The Manager, Los Angeles Aircraft Certification Office, 
FAA, has the authority to approve AMOCs for this AD, if requested 
using the procedures found in 14 CFR 39.19. Send information to 
ATTN: Wahib Mina, ANM-120L, FAA, Los Angeles Aircraft Certification 
Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137; 
telephone (562) 627-5324; fax (562) 627-5210.
    (2) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office. 
The AMOC approval letter must specifically reference this AD.
    (3) An AMOC that provides an acceptable level of safety may be 
used for any repair required by this AD, if it is approved by an 
Authorized Representative for the Boeing Commercial Airplanes 
Delegation Option Authorization Organization who has been authorized 
by the Manager, Los Angeles ACO, to make those findings. For a 
repair method to be approved, the repair must meet the certification 
basis of the airplane, and the approval must specifically refer to 
this AD.

    Issued in Renton, Washington, on July 22, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-18157 Filed 7-29-09; 8:45 am]
BILLING CODE 4910-13-P