[Federal Register: May 7, 2004 (Volume 69, Number 89)]
[Proposed Rules]
[Page 25507-25511]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07my04-14]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2001-NM-293-AD]
RIN 2120-AA64
Airworthiness Directives; McDonnell Douglas Model DC-9-81 (MD-
81), DC-9-82 (MD-82), DC-9-83 (MD-83), DC-9-87 (MD-87), and MD-88
Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes the supersedure of an existing
airworthiness directive (AD), applicable to certain McDonnell Douglas
Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), DC-9-87 (MD-
87), MD-88,
[[Page 25508]]
and MD-90-30 airplanes. That AD currently requires repetitive
inspections to detect cracking of the main landing gear (MLG) shock
strut pistons, and replacement of a cracked piston with a new or
serviceable part. This action would remove certain airplanes but would
require that the existing inspections, and corrective actions if
necessary, be accomplished on additional MLG shock strut pistons. This
action also would require replacing the MLG shock strut pistons with
new improved parts, which would terminate the repetitive inspections.
This action is necessary to prevent fatigue cracking of the MLG
pistons, which could result in failure of the pistons and consequent
damage to the airplane structure or injury to airplane occupants. This
action is intended to address the identified unsafe condition.
DATES: Comments must be received by June 21, 2004.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2001-NM-293-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056. Comments may be inspected at this
location between 9 a.m. and 3 p.m., Monday through Friday, except
Federal holidays. Comments may be submitted via fax to (425) 227-1232.
Comments may also be sent via the Internet using the following address:
9-anm-nprmcomment@faa.gov. Comments sent via fax or the Internet must
contain ``Docket No. 2001-NM-293-AD'' in the subject line and need not
be submitted in triplicate. Comments sent via the Internet as attached
electronic files must be formatted in Microsoft Word 97 or 2000 or
ASCII text.
The service information referenced in the proposed rule may be
obtained from Boeing Commercial Aircraft Group, 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 FAA, Transport Airplane Directorate, 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:
Comments Invited
Interested persons are invited to participate in the making of the
proposed rule by submitting such written data, views, or arguments as
they may desire. Communications shall identify the Rules Docket number
and be submitted in triplicate to the address specified above. All
communications received on or before the closing date for comments,
specified above, will be considered before taking action on the
proposed rule. The proposals contained in this action may be changed in
light of the comments received.
Submit comments using the following format:
Organize comments issue-by-issue. For example, discuss a
request to change the compliance time and a request to change the
service bulletin reference as two separate issues.
For each issue, state what specific change to the proposed
AD is being requested.
Include justification (e.g., reasons or data) for each
request.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the proposed rule. All
comments submitted will be available, both before and after the closing
date for comments, in the Rules Docket for examination by interested
persons. A report summarizing each FAA-public contact concerned with
the substance of this proposal will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this action must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 2001-NM-293-AD.'' The postcard will be date stamped
and returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules
Docket No. 2001-NM-293-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
On June 15, 1999, the FAA issued AD 99-13-07, amendment 39-11201
(64 FR 33392, June 23, 1999), applicable to certain McDonnell Douglas
Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), DC-9-87 (MD-
87), MD-88, and MD-90-30 airplanes. That action requires repetitive
inspections to detect cracking of the main landing gear (MLG) shock
strut pistons, and replacement of a cracked piston with a new or
serviceable part. That action was prompted by reports indicating that,
while an airplane was positioned on the taxiway, the right MLG shock
strut piston failed due to fatigue cracking. The requirements of that
AD are intended to detect and correct such fatigue cracking, which
could result in failure of the piston, and consequent damage to the
airplane structure or injury to the passengers and flightcrew.
In the preamble of the notice of proposed rulemaking (NPRM) for AD
99-13-07, we stated that the proposed AD was considered interim action,
and that the manufacturer was developing a modification to address the
unsafe condition. We indicated that we might consider further
rulemaking action once the modification was developed, approved, and
available. The manufacturer now has developed such a modification, and
we have determined that further rulemaking action is indeed necessary.
This proposed AD follows from that determination.
Actions Since Issuance of Previous Rule
Since the issuance of AD 99-13-07, we have issued AD 2002-10-03,
amendment 39-12749 (67 FR 34823), which applies to certain McDonnell
Douglas Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), DC-9-
87 (MD-87), MD-88, and MD-90-30 airplanes. That AD requires replacement
of certain MLG shock strut piston assemblies with new or serviceable
improved assemblies, in accordance with Boeing Service Bulletin MD80-
32-309, Revision 01, dated April 25, 2001 (for Model DC-9-81 (MD-81),
DC-9-82 (MD-82), DC-9-83 (MD-83), DC-9-87 (MD-87), and MD-88
airplanes); or Boeing Service Bulletin MD90-32-031, Revision 01, dated
April 25, 2001 (for Model MD-90-30 airplanes). Accomplishment of that
replacement will terminate the requirements of this AD, as noted in
paragraph (b) of AD 2002-10-03. Therefore, we have included in
paragraph (h) of this proposed AD the requirements of paragraph (a) of
AD 2002-10-03 that apply to airplanes subject to this proposed AD. The
compliance time for the replacement specified in this proposed AD
(``Before the accumulation of 30,000 total landings on the MLG shock
strut piston assemblies, or within 5,000 landings after June 20, 2002
(the effective date of AD 2002-10-03, amendment 39-12749), whichever
occurs later'') is the same as the compliance time in paragraph (a) of
AD 2002-10-03. Once this proposed AD becomes effective, we may consider
further rulemaking to revise or rescind
[[Page 25509]]
AD 2002-10-03 to remove the duplicate requirement.
Explanation of Related AD
Since the issuance of AD 99-13-07, we have issued AD 2004-05-18,
amendment 39-13513 (69 FR 10915, March 9, 2004). That AD requires
certain actions for certain McDonnell Douglas Model MD-90-30 airplanes.
The actions required by that AD include:
Repetitive fluorescent penetrant and magnetic particle
inspections to detect fatigue cracking of the MLG piston, and repair if
necessary.
Repetitive inspections for evidence of cracking in the
paint topcoat of the MLG pistons.
Replacement of certain MLG shock strut piston assemblies
with new or serviceable improved assemblies.
We find that the actions required by that AD for Model MD-90-30
airplanes overlap with the requirements of AD 99-13-07 for the same
airplanes. Thus, we have not included Model MD-90-30 airplanes in the
applicability of this proposed AD.
Explanation of Relevant Service Information
Since the issuance of AD 99-13-07, the FAA has reviewed and
approved Boeing Alert Service Bulletin MD80-32A308, Revision 04, dated
June 12, 2001 (for Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-
83), DC-9-87 (MD-87), and MD-88 airplanes). (AD 99-13-07 refers to
McDonnell Douglas Alert Service Bulletins MD80-32A308, dated March 5,
1998, and Revision 01, dated May 12, 1998; as appropriate sources of
service information for accomplishing the actions in that AD.) That
service bulletin describes procedures for repetitive fluorescent dye
penetrant and fluorescent magnetic particle inspections to detect
cracking of the MLG shock strut piston, and replacement of any cracked
piston with a new or serviceable improved assembly. Revision 04 of the
service bulletin includes additional part numbers of MLG shock strut
pistons subject to the inspections described therein.
Explanation of Requirements of Proposed Rule
Since an unsafe condition has been identified that is likely to
exist or develop on other products of this same type design, the
proposed AD would supersede AD 99-13-07 to continue to require
repetitive inspections to detect cracking of the MLG shock strut
pistons, and replacement of a cracked piston with a new or serviceable
part. The proposed AD would remove Model MD-90-30 airplanes from the
applicability, but would require the existing inspections, and
corrective actions if necessary, to be accomplished on additional MLG
shock strut pistons. The inspections would be required to be
accomplished in accordance with Boeing Alert Service Bulletin MD80-
32A308, Revision 04, except as discussed below. The proposed AD also
would require replacing the MLG shock strut pistons with new improved
assemblies, which would terminate the repetitive inspections. The
replacement would be required to be accomplished in accordance with
Boeing Service Bulletin MD80-32-309, Revision 01.
Differences Between Service Bulletins and Proposed AD
Although Boeing Alert Service Bulletin MD80-32A308, Revision 04,
describes procedures for fluorescent penetrant and magnetic particle
inspections, this service bulletin does not emphasize the sequence of
these inspections. We find that, in each inspection cycle, it is
necessary for the fluorescent penetrant inspection to precede the
magnetic particle inspection. This sequencing is important because we
are aware of cases in which accomplishment of a magnetic particle
inspection before a fluorescent penetrant inspection interfered with
the results of the fluorescent penetrant inspection. Therefore, a new
paragraph (d) has been included in this proposed AD to clarify that,
for inspections performed after the effective date of this AD,
accomplishment of the fluorescent penetrant inspection must precede
accomplishment of the magnetic particle inspection.
Although Boeing Alert Service Bulletin MD80-32A308, Revision 04,
specifies that operators may contact the manufacturer for disposition
of certain repair conditions, this proposed AD would require operators
to repair those conditions per a method approved by the FAA.
Operators should note that, although Figure 1 of Boeing Alert
Service Bulletin MD80-32A308, Revision 04, specifies to report certain
inspection results to the airplane manufacturer, this proposed AD would
not require such reporting. We do not need this information from
operators.
Explanation of Change to Existing Requirements
We have revised certain wording from the existing AD to identify
model designations as they are published in the most recent type
certificate data sheet for the affected models.
Changes to 14 CFR Part 39/Effect on the AD
On July 10, 2002, the FAA issued a new version of 14 CFR part 39
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness
directives system. The regulation now includes material that relates to
altered products, special flight permits, and alternative methods of
compliance (AMOCs). Because we have now included this material in part
39, only the office authorized to approve AMOCs is identified in each
individual AD. Therefore, Note 1 and paragraph (f) of AD 99-13-07 are
not included in this proposed AD, and paragraph (e) of AD 99-13-07
(which appears as paragraph (m)(1) of this proposed AD) has been
revised in this proposed AD. Also, we have added paragraph (m)(2) to
this AD to provide credit for AMOCs approved previously per AD 99-13-
07.
Cost Impact
There are approximately 1,364 airplanes of the affected design in
the worldwide fleet. The FAA estimates that 849 airplanes of U.S.
registry would be affected by this proposed AD.
The inspections that are currently required by AD 99-13-07 take
approximately 4 work hours per airplane to accomplish, at an average
labor rate of $65 per work hour. Based on these figures, the cost
impact of the currently required inspections on U.S. operators is
estimated to be $220,740, or $260 per airplane, per inspection cycle.
The new inspections that are proposed in this AD action would take
approximately 4 work hours per airplane to accomplish, at an average
labor rate of $65 per work hour. Based on these figures, the cost
impact of the currently required inspections on U.S. operators is
estimated to be $220,740, or $260 per airplane, per inspection cycle.
As explained previously, the new replacement included in this AD
action is already required by AD 2002-10-03. Therefore, the new
proposed requirement will not add any additional economic burden on
affected operators. The current costs associated with this proposed AD
are reiterated in their entirety (as follows) for the convenience of
affected operators.
The replacement of MLG pistons that is included in this AD action
and currently required by AD 2002-10-03 takes approximately 28 work
hours per airplane to accomplish, at an average labor rate of $65 per
work hour. Required parts cost approximately $263,438 per airplane.
Based on these figures, the cost impact of this
[[Page 25510]]
requirement on U.S. operators subject to this proposed AD is estimated
to be $225,204,042, or $265,258 per airplane.
The cost impact figures discussed above are based on assumptions
that no operator has yet accomplished any of the current or proposed
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. The manufacturer may
cover the cost of replacement parts associated with this proposed AD,
subject to warranty conditions. Manufacturer warranty remedies may also
be available for labor costs associated with this proposed AD. As a
result, the costs attributable to the proposed AD may be less than
stated above.
Regulatory Impact
The regulations proposed herein 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. Therefore, it
is determined that this proposal would not have federalism implications
under Executive Order 13132.
For the reasons discussed above, I certify that this 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) if promulgated, 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 copy of the draft
regulatory evaluation prepared for this action is contained in the
Rules Docket. A copy of it may be obtained by contacting the Rules
Docket at the location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend
part 39 of the Federal Aviation Regulations (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. Section 39.13 is amended by removing amendment 39-11201 (64 FR
33392, June 23, 1999), and by adding a new airworthiness directive
(AD), to read as follows:
McDonnell Douglas: Docket 2001-NM-293-AD. Supersedes AD 99-13-07,
Amendment 39-11201.
Applicability: Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83
(MD-83), DC-9-87 (MD-87), and MD-88 airplanes; as listed in Boeing
Alert Service Bulletin MD80-32A308, Revision 04, dated June 12,
2001; certificated in any category.
Compliance: Required as indicated, unless accomplished
previously.
To prevent fatigue cracking of the main landing gear (MLG)
pistons, which could result in failure of the pistons and consequent
damage to the airplane structure or injury to airplane occupants,
accomplish the following:
Requirements of AD 99-13-07
Initial Inspection
(a) For airplanes equipped with an MLG shock strut piston having
part number (P/N) 5935347-1 through -509 inclusive, 5935347-511, or
5935347-513: Perform fluorescent dye penetrant and fluorescent
magnetic particle inspections to detect cracking of an MLG shock
strut piston, in accordance with McDonnell Douglas Alert Service
Bulletin MD80-32A308, dated March 5, 1998, or Revision 01, dated May
12, 1998; or Boeing Alert Service Bulletin MD80-32A308, Revision 04,
dated June 12, 2001 (for Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-
9-83 (MD-83), DC-9-87 (MD-87), and MD-88 airplanes). Perform the
inspections at the later of the times specified in paragraphs (a)(1)
and (a)(2) of this AD.
(1) Prior to the accumulation of 10,000 total landings on an MLG
shock strut piston, or within 6 months after July 28, 1999 (the
effective date of AD 99-13-07, amendment 39-11201), whichever occurs
later.
(2) Within 2,500 landings after a major overhaul and initial
inspection of the MLG shock strut piston accomplished prior to July
28, 1999, in accordance with McDonnell Douglas All Operator Letter
9-2153 (for Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83),
DC-9-87 (MD-87), and MD-88 airplanes).
Corrective Actions
(b) For airplanes equipped with an MLG shock strut piston having
P/N 5935347-1 through-509 inclusive, 5935347-511, or 5935347-513:
Condition 1. If any cracking is detected, prior to further flight,
replace any cracked MLG shock strut piston with a new or serviceable
piston, in accordance with McDonnell Douglas Alert Service Bulletin
MD80-32A308, dated March 5, 1998, or Revision 01, dated May 12,
1998; or Boeing Alert Service Bulletin MD80-32A308, Revision 04,
dated June 12, 2001 (for Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-
9-83 (MD-83), DC-9-87 (MD-87), and MD-88 airplanes). Thereafter,
repeat the inspections required by paragraph (a) of this AD prior to
the accumulation of 10,000 total landings on the MLG shock strut
piston.
Repetitive Inspections
(c) For airplanes equipped with an MLG shock strut piston having
P/N 5935347-1 through-509 inclusive, 5935347-511, or 5935347-513:
Condition 2. If no cracking is detected, repeat the fluorescent dye
penetrant and fluorescent magnetic particle inspections thereafter
at intervals not to exceed 2,500 landings, in accordance with
McDonnell Douglas Alert Service Bulletin MD80-32A308, dated March 5,
1998, or Revision 01, dated May 12, 1998; or Boeing Alert Service
Bulletin MD80-32A308, Revision 04, dated June 12, 2001 (for Model
DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), DC-9-87 (MD-87),
and MD-88 airplanes); as applicable; until the replacement required
by paragraph (h) of this AD has been accomplished.
New Requirements of This AD
Clarification of Inspection Sequence
(d) For inspections accomplished after the effective date of
this AD: Where this AD requires fluorescent penetrant and magnetic
particle inspections, accomplishment of the fluorescent penetrant
inspection must precede accomplishment of the magnetic particle
inspection.
Inspection of MLG Piston P/Ns SR09320081-3 through -13
(e) For any MLG piston having P/N SR09320081-3 through -13
inclusive: Perform fluorescent penetrant and magnetic particle
inspections to detect fatigue cracking of the MLG pistons, in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin MD80-32A308, Revision 04, dated June 12, 2001. Do
the initial inspections at the later of the times specified in
paragraphs (e)(1) and (e)(2) of this AD. Repeat the inspections
thereafter at intervals not to exceed 2,500 landings, until the
requirements of paragraph (f) or (h) of this AD have been
accomplished.
(1) Prior to the accumulation of 10,000 total landings on the
MLG piston.
(2) Within 6 months after the effective date of this AD.
Corrective Actions
(f) For airplanes equipped with an MLG shock strut piston having
P/N SR09320081-3 through -13 inclusive: If any cracking is detected
during the inspections required by paragraph (e) of this AD, prior
to further flight, replace any cracked MLG shock strut piston with a
new or serviceable improved assembly, in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin MD80-
32A308, Revision 04, dated June 12, 2001. Such replacement
[[Page 25511]]
terminates the repetitive inspections required by paragraph (e) of
this AD for the replaced shock strut piston only.
(g) Where Boeing Alert Service Bulletin MD80-32A308, Revision
04, dated June 12, 2001; specifies to contact Boeing-Long Beach for
disposition of certain repair conditions: Before further flight,
repair per a method approved by the Manager, Los Angeles Aircraft
Certification Office (ACO), FAA. For a repair method to be approved
by the Manager, Los Angeles ACO, as required by this paragraph, the
Manager's approval letter must specifically refer to this AD.
Replacement of MLG Shock Strut Piston Assemblies
(h) Replace the MLG shock strut piston assemblies, left- and
right-hand sides, with new or serviceable improved assemblies, in
accordance with the Accomplishment Instructions of Boeing Service
Bulletin MD80-32-309, Revision 01, dated April 25, 2001. Do this
replacement at the applicable compliance time specified in paragraph
(h)(1) or (h)(2) of this AD. Such replacement terminates the
repetitive inspections required by this AD. If the MLG shock strut
piston is not serialized, or the number of landings on the piston
cannot be conclusively determined, consider the total number of
landings on the piston assembly to be equal to the total number of
landings accumulated by the airplane with the highest total number
of landings in the operator's fleet.
(1) For airplanes listed in Boeing Service Bulletin MD80-32-309,
Revision 01, dated April 25, 2001: Do the replacement before the
accumulation of 30,000 total landings on the MLG shock strut piston
assemblies, or within 5,000 landings after June 20, 2002 (the
effective date of AD 2002-10-03, amendment 39-12749), whichever
occurs later.
(2) For airplanes other than those identified in paragraph
(h)(1) of this AD: Do the replacement before the accumulation of
30,000 total landings on the MLG shock strut piston assemblies, or
within 5,000 landings after the effective date of this AD, whichever
occurs later.
Note 1: Paragraph (a) of AD 2002-10-03, amendment 39-12749,
requires the same actions as paragraph (h) of this AD.
Actions Accomplished Previously in Accordance With Other Service
Information
(i) Accomplishment of the replacement specified in Boeing
Service Bulletin MD80-32-309, dated January 31, 2000, before June
20, 2002, is considered acceptable for compliance with the
requirement of paragraph (h) of this AD.
Parts Installation
(j) As of the effective date of this AD, no person may install
an MLG shockstrut piston having P/N 5935347-1 through -509
inclusive, 5935347-511, 5935347-513, or SR09320081-3 through -13
inclusive, on any airplane.
No Requirement To Submit Information
(k) Although Boeing Alert Service Bulletin MD80-32A308, Revision
04, dated June 12, 2001, specifies to submit certain inspection
results to the manufacturer, this AD does not include such a
requirement.
Alternative Methods of Compliance
(l)(1) In accordance with 14 CFR 39.19, the Manager, Los Angeles
ACO, is authorized to approve alternative methods of compliance for
this AD.
(2) Alternative methods of compliance, approved previously per
AD 99-13-07, amendment 39-11201, are approved as alternative methods
of compliance with this AD.
Issued in Renton, Washington, on April 27, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-10382 Filed 5-6-04; 8:45 am]
BILLING CODE 4910-13-P