[Federal Register: April 28, 2005 (Volume 70, Number 81)]
[Rules and Regulations]
[Page 21924-21927]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28ap05-3]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2001-NM-293-AD; Amendment 39-14072; AD 2005-09-04]
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 (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: This amendment supersedes 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, and MD-90-30
airplanes. The existing 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
amendment removes certain airplanes but requires that the existing
inspections, and corrective actions if necessary, be accomplished on
additional MLG shock strut pistons. This amendment also requires
replacing the MLG shock strut pistons with new improved parts, which
would terminate the repetitive inspections. The actions specified by
this AD are intended 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: Effective June 2, 2005.
The incorporation by reference of Boeing Alert Service Bulletin
MD80-32A308, Revision 04, dated June 12, 2001, as listed in the
regulations, is approved by the Director of the Federal Register as of
June 2, 2005.
The incorporation by reference of Boeing Service Bulletin MD80-32-
309, Revision 01, dated April 25, 2001, as listed in the regulations,
was approved previously by the Director of the Federal Register as of
June 20, 2002 (67 FR 34823, May 16, 2002).
The incorporation by reference of McDonnell Douglas Alert Service
Bulletin MD80-32A308, dated March 5, 1998; and McDonnell Douglas Alert
Service Bulletin MD80-32A308, Revision 01, dated May 12, 1998; as
listed in the regulations; was approved
[[Page 21925]]
previously by the Director of the Federal Register as of as of July 28,
1999 (64 FR 33392, June 23, 1999).
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) by superseding AD 99-13-07,
amendment 39-11201 (64 FR 33392, June 23, 1999), which is 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, was
published in the Federal Register on May 7, 2004 (69 FR 25507). The
action proposed to continue to require 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. The
action proposed to remove certain airplanes but require that the
existing inspections, and corrective actions if necessary, be
accomplished on additional MLG shock strut pistons. The action also
proposed to require replacing the MLG shock strut pistons with new
improved parts, which would terminate 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 for Approval of Alternative Method of Compliance (AMOC)
One commenter requests that we revise the ``Alternative Methods of
Compliance'' paragraph of the proposed AD to specify that an AMOC
previously approved for AD 2002-10-03, amendment 39-12749 (67 FR 34823,
May 16, 2002), is also approved as an AMOC for the proposed AD. The
commenter notes that this AMOC addresses assigning flight cycle counts
to MLG shock strut pistons and states that this AMOC would also be
applicable to the proposed AD.
We concur with the commenter's request and have revised paragraph
(l)(2) of this AD to give credit for AMOCs approved for AD 2002-10-03.
Request To Clarify Acceptable Replacement Parts
The same commenter requests that we revise paragraph (b) of the
proposed AD to specify that only an MLG shock strut piston having part
number (P/N) 5935347-517 is an acceptable replacement. The commenter
states that paragraphs (b) and (j) of the proposed AD contradict one
another in this regard. The commenter observes that paragraph (b)
allows installation of a piston having P/N 5935347-511 as an approved
replacement part (in accordance with Boeing Alert Service Bulletin
MD80-32A308, Revision 04, dated June 12, 2001). However, paragraph (j)
of the proposed AD states that an MLG shock strut piston having P/N
5935347-1 through -509 inclusive, 5935347-511, 5935347-513, or
SR09320081-3 through -13 inclusive, cannot be installed after the
effective date of the AD.
We partially agree with the commenter's request. We note that
paragraph (b) of this AD is part of a restatement of the requirements
of AD 99-13-07. When AD 99-13-07 was issued, a new or serviceable MLG
shock strut piston of any approved P/N was an acceptable replacement
part. Paragraph (j) is a new requirement of this AD, and the
requirements of that paragraph reflect the main purpose of this new AD,
which is to require replacing the MLG shock strut pistons with new,
improved parts. Thus, we do not agree that paragraph (b) and (j)
contradict each other. Rather, paragraph (j) of this AD restricts the
P/Ns that may be installed when paragraph (b) is done after the
effective date of this AD. However, we agree that it is acceptable to
clarify paragraph (b) to state that only an MLG shock strut piston
having P/N 5935347-517 may be installed after the effective date of
this AD. We have revised paragraph (b) of this AD accordingly.
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 1,364 airplanes of the affected design in
the worldwide fleet. The FAA estimates that 849 airplanes of U.S.
registry will be affected by this 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 new
inspections that are required by this AD take approximately 4 work
hours per airplane to accomplish, at an average labor rate of $65 per
work hour. The cost impact of these new inspections on U.S. operators
is estimated to be $220,740, or $260 per airplane, per inspection
cycle.
The other costs associated with this AD are carried over from the
existing AD which is being superseded and are not new or additional
costs. The impact of these existing costs were covered in the
rulemaking for that AD.
The cost impact figures discussed above are 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. The manufacturer may cover the cost of
replacement parts associated with this AD, subject to warranty
conditions. Manufacturer warranty remedies may also be available for
labor costs associated with this AD. As a result, the costs
attributable to this AD may be less than stated above.
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,
[[Page 21926]]
``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 removing amendment 39-11201 (64 FR
33392, June 23, 1999), and by adding a new airworthiness directive
(AD), amendment 39-14072, to read as follows:
2005-09-04 McDonnell Douglas: Amendment 39-14072. 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; certificated in any
category; as identified in Boeing Alert Service Bulletin MD80-
32A308, Revision 04, dated June 12, 2001.
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. After the effective date of this AD, only an MLG shock strut
piston having P/N 5935347-517 may be installed in accordance with
this paragraph.
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
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
[[Page 21927]]
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 shock strut 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, and AD 2002-10-03, amendment 39-
12749, are approved as alternative methods of compliance for the
corresponding requirements of this AD.
Incorporation by Reference
(m) Unless otherwise specified in this AD, the actions shall be
done in accordance with the service bulletins listed in Table 1 of
this AD.
Table 1.--Service Bulletins Incorporated By Reference
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Service bulletin Revision level Date
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Boeing Alert Service Bulletin Revision 04....... June 12, 2001.
MD80-32A308.
Boeing Service Bulletin MD80-32- Revision 01....... April 25, 2001.
309.
McDonnell Douglas Alert Service Original.......... March 5, 1998.
Bulletin MD80-32A308.
McDonnell Douglas Alert Service Revision 01....... May 12, 1998.
Bulletin MD80-32A308.
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(1) The incorporation by reference of Boeing Alert Service
Bulletin MD80-32A308, Revision 04, dated June 12, 2001, 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 Boeing Service Bulletin
MD80-32-309, Revision 01, dated April 25, 2001, was approved
previously by the Director of the Federal Register as of June 20,
2002 (67 FR 34823, May 16, 2002).
(3) The incorporation by reference of McDonnell Douglas Alert
Service Bulletin MD80-32A308, dated March 5, 1998; and McDonnell
Douglas Alert Service Bulletin MD80-32A308, Revision 01, dated May
12, 1998; was approved previously by the Director of the Federal
Register as of July 28, 1999 (64 FR 33392, June 23, 1999).
(4) To get copies of this service information, go to Boeing
Commercial Aircraft Group, 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; 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 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.
Effective Date
(n) This amendment becomes effective on June 2, 2005.
Issued in Renton, Washington, on April 20, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-8404 Filed 4-27-05; 8:45 am]
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