FR Doc 05-18314

[Federal Register: September 16, 2005 (Volume 70, Number 179)]
[Rules and Regulations]
[Page 54616-54618]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16se05-3]

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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
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Airplanes identified in the Repetitive
service bulletin as group Grace period interval
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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.
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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]

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