[Federal Register Volume 74, Number 232 (Friday, December 4, 2009)]
[Rules and Regulations]
[Pages 63578-63581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28564]


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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; 
Amendment 39-16115; AD 2009-24-21]
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 superseding 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. That 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 AD adds more work on airplanes that have main landing 
gear shock struts with certain identified part numbers. This AD results 
from two reports of a collapsed MLG and a report of cracks in two MLG 
cylinders. We are

[[Page 63579]]

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 January 8, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of January 8, 
2010.

ADDRESSES: For service information identified in this 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.

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 AD, the regulatory evaluation, 
any comments received, and other information. The address for the 
Docket Office (telephone 800-647-5527) is the Document Management 
Facility, U.S. Department of Transportation, Docket Operations, M-30, 
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., 
Washington, DC 20590.

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: 

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that supersedes AD 2005-19-08, amendment 
39-14273 (70 FR 54616, September 16, 2005). The existing AD applies to 
all McDonnell Douglas Model DC-9-14, DC-9-15, and DC-9-15F airplanes; 
and Model DC-9-20, DC-9-30, DC-9-40, and DC-9-50 series airplanes. That 
NPRM was published in the Federal Register on July 30, 2009 (74 FR 
37963). That NPRM proposed to continue to require repetitive 
inspections for cracks of the main landing gear (MLG) shock strut 
cylinder, and related investigative and corrective actions if 
necessary. That NPRM also proposed to require more work on airplanes 
that have main landing gear shock struts with certain identified part 
numbers.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. No comments have been received on the NPRM or 
on the determination of the cost to the public.

Conclusion

    We have carefully reviewed the available data and determined that 
air safety and the public interest require adopting the AD as proposed.

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
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                          Number of
                                                       Average                                              U.S.-
             Action                  Work hours       labor rate         Parts        Cost per airplane   registered              Fleet cost
                                                       per hour                                           airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection.....................  4 to 6............          $80  None..............  $320 to $480 per           426  $136,320 to $204,480 per
                                                                                       inspection cycle.               inspection cycle.
--------------------------------------------------------------------------------------------------------------------------------------------------------

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 
removing amendment 39-14273 (70 FR 54616, September 16, 2005) and by

[[Page 63580]]

adding the following new airworthiness directive (AD):

2009-24-21 McDonnell Douglas: Amendment 39-16115. Docket No. FAA-
2009-0658; Directorate Identifier 2009-NM-058-AD.

Effective Date

    (a) This AD becomes effective January 8, 2010.

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 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
----------------------------------------------------------------------------------------------------------------
    Airplanes identified in the
     Service Bulletin as Group                 Threshold                         Repetitive interval
----------------------------------------------------------------------------------------------------------------
1.................................  Within 18 months or 650         Intervals not to exceed 650 landings.
                                     landings after October 21,
                                     2005 (the effective date of
                                     AD 2005-19-08), whichever
                                     occurs first.
2.................................  Within 18 months or 500         Intervals not to exceed 500 landings.
                                     landings after October 21,
                                     2005, whichever occurs first.
3, except as provided by paragraph  Within 18 months or 2,500       Intervals not to exceed 2,500 landings.
 (k) of this AD.                     landings after October 21,
                                     2005, whichever occurs first.
4.................................  Within 18 months or 2,100       Intervals not to exceed 2,100 landings.
                                     landings after October 21,
                                     2005, whichever occurs first.
----------------------------------------------------------------------------------------------------------------

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.

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. 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 by 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

[[Page 63581]]

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.

Material Incorporated by Reference

    (o) You must use Boeing Alert Service Bulletin DC9-32A350, 
Revision 2, dated March 20, 2009, as applicable, to do the actions 
required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this 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.
    (3) You may review copies of the 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.
    (4) You may also review copies of the service information that 
is incorporated by reference 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.

    Issued in Renton, Washington, on November 19, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-28564 Filed 12-3-09; 8:45 am]
BILLING CODE 4910-13-P