Federal Register / Vol. 69, No. 241 / Thursday, December 16, 2004 / Rules and Regulations 75231

Does This AD Incorporate Any Material by 

Reference? 

(g) You must do the actions required by 

this AD following the instructions in Kelly 

Aerospace Power Systems Service Bulletin 

No. A–107A, Issue Date: September 6, 2002; 

and Piper Vendor Service Publication VSP–

150, dated January 31, 2003. The Director of 

the Federal Register approved the 

incorporation by reference of this service 

bulletin in accordance with 5 U.S.C. 552(a) 

and 1 CFR part 51. To get a copy of this 

service information, contact Kelly Aerospace 

Power Systems, P.O. Box 273, Fort Deposit, 

Alabama 36032; telephone: (334) 227–8306; 

facsimile: (334) 227–8596; Internet: http://

www.kellyaerospace.com. To review copies 

of this service information, go to the National 

Archives and Records Administration 

(NARA). For information on the availability 

of this material at NARA, go to: http://

www.archives.gov/federal_register/code_

of_federal_regulations/ibr_locations.html or 

call (202) 741–6030. To view the AD docket, 

go to the Docket Management Facility; U.S. 

Department of Transportation, 400 Seventh 

Street, SW., Nassif Building, Room PL–401, 

Washington, DC 20590–001 or on the Internet 

at http://dms.dot.gov. The docket number is 

FAA–2004–19693.

Issued in Kansas City, Missouri, on 

December 6, 2004. 

William J. Timberlake, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 04–27283 Filed 12–15–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39

[Docket No. 2002–NM–333–AD; Amendment 

39–13902; AD 2004–25–14] 

RIN 2120–AA64

Airworthiness Directives; McDonnell 

Douglas Model DC–9–14, DC–9–15, 

and DC–9–15F Airplanes; DC–9–20, 

DC–9–30, DC–9–40, DC–9–50 Series 

Airplanes; DC–9–81 (MD–81), DC–9–82 

(MD–82), DC–9–83 (MD–83), and DC–9–

87 (MD–87) Airplanes; and Model MD–

88 Airplanes

AGENCY: Federal Aviation 

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a 

new airworthiness directive (AD), 

applicable to certain McDonnell 

Douglas airplane models, that requires 

an inspection of the retract cylinder 

support fitting and the cylinder bore of 

the support fitting of both main landing 

gear (MLG) for corrosion, and corrective 

action if necessary. This action also 

requires replacing cadmium-plated 

retract cylinder support bushings and 

bearings of both MLG. This action is 

necessary to detect and correct 

corrosion to the retract cylinder support 

fitting of the MLG and the cylinder bore 

in the support fitting, which could 

result in compromised integrity of the 

retract cylinder support fitting of the 

MLG and possible damage to the 

hydraulic system. This action is 

intended to address the identified 

unsafe condition.

DATES: Effective January 20, 2005. 

The incorporation by reference of a 

certain publication listed in the 

regulations is approved by the Director 

of the Federal Register as of January 20, 

2005.

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; or 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.

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) to 

include an airworthiness directive (AD) 

that is applicable to certain McDonnell 

Douglas airplane models was published 

in the Federal Register on May 11, 2004 

(69 FR 26052). That action proposed to 

require an inspection of the retract 

cylinder support fitting and the cylinder 

bore of the support fitting of both main 

landing gear (MLG) for corrosion, and 

corrective action if necessary. That 

action also proposed to require 

replacing cadmium-plated retract 

cylinder support bushings and bearings 

of both MLG. 

Comments 

Interested persons have been afforded 

an opportunity to participate in the 

making of this amendment. Due 

consideration has been given to the 

single comment received.

Clarification of the Cost Estimate 

One commenter estimates it will cost 

more than $30,000 per airplane for its 

fleet of 362 airplanes to accomplish the 

inspection and replacement; for a total 

cost of over $11,000,000. 

We infer that the commenter wants 

further clarification of the cost estimate 

specified in the proposed AD. The 

estimate for both the inspection and 

replacement in the Cost Impact section 

of the final rule is between $20,617 and 

$29,861 per airplane, which is lower 

than the commenter’s cost estimate of 

more than $30,000 per airplane. 

However, the cost estimate in the 

proposed AD describes only the direct 

costs of those specific actions required 

by the proposed AD. We recognize that, 

in doing the actions required by an AD, 

operators may incur incidental costs in 

addition to the direct costs. As 

explained in the proposed AD, the cost 

analysis in AD rulemaking actions 

typically does not include incidental 

costs such as the time required to gain 

access and close up, time necessary for 

planning, or time necessitated by other 

administrative actions. Those incidental 

costs, which may vary significantly 

among operators, are almost impossible 

to calculate. Therefore, we have not 

changed the cost estimate in this final 

rule. 

Conclusion 

After careful review of the available 

data, including the comment noted 

above, we have determined that air 

safety and the public interest require the 

adoption of the rule as proposed. 

Clarification of Service Information 

Reference 

Where paragraph (b) of the proposed 

AD specifies, ‘‘in accordance with the 

service bulletin,’’ this final rule 

specifies, ‘‘in accordance with the 

Accomplishment Instructions of Boeing 

Service Bulletin DC9–57–222, dated 

September 18, 2002.’’

Cost Impact 

There are approximately 1,904 

airplanes of the affected design in the 

worldwide fleet. We estimate that 1,188 

airplanes of U.S. registry will be affected 

by this AD. 

We estimate that it will take 

approximately 1 work hour per airplane 

to accomplish the required inspection 

on both MLG, and that the average labor 

75232 Federal Register / Vol. 69, No. 241 / Thursday, December 16, 2004 / Rules and Regulations 

rate is $65 per work hour. Based on 

these figures, the cost impact of the 

required inspection on U.S. operators is 

estimated to be $77,220, or $65 per 

airplane. 

We estimate that it will take 

approximately between 28 and 42 work 

hours per airplane to accomplish the 

required replacement on both MLG, and 

that the average labor rate is $65 per 

work hour. Required parts will cost 

between approximately $18,732 per 

airplane and $27,066 per airplane. 

Based on these figures, the cost impact 

of the required replacement on U.S. 

operators is estimated to be between 

$24,415,776 and $35,397,648, or 

between $20,552 and $29,796 per 

airplane. 

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. 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

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.

This rulemaking is promulgated 

under the authority described in 

Subtitle VII, Part A, Subpart III, Section 

44701, ‘‘General requirements.’’ Under 

that section, the FAA is charged 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 AD. 

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

■ 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

■ 1. The authority citation for part 39 

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

§ 39.13 [Amended]

■ 2. Section 39.13 is amended by adding 

the following new airworthiness 

directive:

2004–25–14 McDonnell Douglas:

Amendment 39–13902. Docket 2002–

NM–333–AD.

Applicability: Model DC–9–14, DC–9–15, 

DC–9–15F, DC–9–21, DC–9–31, DC–9–32, 

DC–9–32 (VC–9C), DC–9–32F, DC–9–33F, 

DC–9–34, DC–9–34F, DC–9–32F (C–9A, C–

9B), DC–9–41, DC–9–51, DC–9–81 (MD–81), 

DC–9–82 (MD–82), DC–9–83 (MD–83), and 

DC–9–87 (MD–87) airplanes; and Model MD–

88 airplanes; as listed in Boeing Service 

Bulletin DC9–57–222, dated September 18, 

2002; certificated in any category. 

Compliance: Required as indicated, unless 

accomplished previously. 

To detect and correct corrosion to the 

retract cylinder support fitting of the main 

landing gear (MLG) and the cylinder bore in 

the support fitting, which could result in 

compromised integrity of the retract cylinder 

support fitting of the MLG and possible 

damage to the hydraulic system, accomplish 

the following: 

Inspection and Replacement 

(a) Prior to the accumulation of 30,000 total 

flight hours, or within 15,000 flight hours 

after the effective date of the AD, whichever 

is later, do the actions in paragraphs (a)(1) 

and (a)(2) of this AD in accordance with the 

Accomplishment Instructions of Boeing 

Service Bulletin DC9–57–222, dated 

September 18, 2002. 

(1) Do the inspection specified in 

paragraph (a)(1)(i) or (a)(1)(ii) of this AD, as 

applicable. Before further flight following the 

inspection, accomplish all applicable 

corrective actions specified in the 

Accomplishment Instructions of Boeing 

Service Bulletin DC9–57–222, dated 

September 18, 2002. Do the actions in 

accordance with the service bulletin. 

(i) For Group 1 airplanes specified in 

paragraph 1.A.1. of the service bulletin, do a 

general visual inspection of the retract 

cylinder support fitting and the cylinder bore 

of the support fitting of both MLG for 

corrosion. 

(ii) For Group 2 airplanes specified in 

paragraph 1.A.1. of the service bulletin, do a 

general visual inspection of the retract 

cylinder support fitting of both MLG for 

corrosion.

Note 1: For the purposes of this AD, a 

general visual inspection is defined as: ‘‘A 

visual examination of an interior or exterior 

area, installation, or assembly to detect 

obvious damage, failure, or irregularity. This 

level of inspection is made from within 

touching distance unless otherwise specified. 

A mirror may be necessary to enhance visual 

access to all exposed surfaces in the 

inspection area. This level of inspection is 

made under normally available lighting 

conditions such as daylight, hangar lighting, 

flashlight, or droplight and may require 

removal or opening of access panels or doors. 

Stands, ladders, or platforms may be required 

to gain proximity to the area being checked.’’

(2) Replace cadmium-plated retract 

cylinder support bushings and bearings of 

the MLG with bushings and bearings that do 

not have cadmium plating in the bore. 

Parts Installation 

(b) As of the effective date of this AD, no 

person shall install a retract cylinder support 

fitting for the MLG, part number (P/N) 

3935860–1, 3912891–1, or 3912891–501 on 

any airplane, unless it has been found to 

have no corrosion during the inspection 

required by paragraph (a) of this AD, or 

unless it has been modified in accordance 

with the Accomplishment Instructions of 

Boeing Service Bulletin DC9–57–222, dated 

September 18, 2002. 

Alternative Methods of Compliance 

(c) In accordance with 14 CFR 39.19, the 

Manager, Los Angeles Aircraft Certification 

Office, FAA, is authorized to approve 

alternative methods of compliance for this 

AD. 

Incorporation by Reference 

(d) The actions shall be done in accordance 

with Boeing Service Bulletin DC9–57–222, 

dated September 18, 2002. This 

incorporation by reference was approved by 

the Director of the Federal Register in 

accordance with 5 U.S.C. 552(a) and 1 CFR 

part 51. Copies may be obtained from Boeing 

Commercial Airplanes, Long Beach Division, 

3855 Lakewood Boulevard, Long Beach, 

Federal Register / Vol. 69, No. 241 / Thursday, December 16, 2004 / Rules and Regulations 75233

California 90846, Attention: Data and Service 

Management, Dept. C1-L5A (D800–0024). 

Copies may be inspected 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; or 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.

Effective Date 

(e) This amendment becomes effective on 

January 20, 2005.

Issued in Renton, Washington, on 

December 1, 2004. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 04–27332 Filed 12–15–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39

[Docket No. FAA–2004–18661; Directorate 

Identifier 2003–NM–273–AD; Amendment 

39–13901; AD 2004–25–13] 

RIN 2120–AA64

Airworthiness Directives; Short 

Brothers Model SD3–60, SD3–

SHERPA, and SD3–60 SHERPA Series 

Airplanes

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: The FAA is superseding an 

existing airworthiness directive (AD), 

which applies to certain Short Brothers 

Model SD3–60 and SD3–SHERPA series 

airplanes. That AD currently requires a 

one-time inspection to detect cracks 

and/or corrosion of the gland nut on the 

shock absorber of the main landing gear 

(MLG), and follow-on actions. That AD 

also requires repair or replacement of 

any cracked/corroded gland nut with a 

new nut. This new AD adds airplanes to 

the applicability; adds repetitive 

inspections and corrective actions; and 

provides an optional action that ends 

the repetitive inspections. This AD is 

prompted by reports of cracked 

aluminum alloy gland nuts that had 

been inspected previously using the 

existing AD. We are issuing this AD to 

prevent failure of the aluminum alloy 

gland nut on the MLG shock absorber, 

which could cause the MLG to collapse.

DATES: This AD becomes effective 

January 20, 2005. 

The incorporation by reference of 

certain publications listed in the AD is 

approved by the Director of the Federal 

Register as of January 20, 2005. 

On December 11, 1996 (61 FR 57311, 

November 6, 1996), the Director of the 

Federal Register approved the 

incorporation by reference of certain 

other publications, as listed in the 

regulations.

ADDRESSES: For service information 

identified in this AD, contact Short 

Brothers, Airworthiness & Engineering 

Quality, P.O. Box 241, Airport Road, 

Belfast BT3 9DZ, Northern Ireland. 

You can examine this information 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.

You can examine the contents of this 

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., room PL–401, on the plaza level of 

the Nassif Building, Washington, DC.

FOR FURTHER INFORMATION CONTACT: 

Technical information: Todd 

Thompson, Aerospace Engineer, 

International Branch, ANM–116, FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington 

98055–4056; telephone (425) 227–1175; 

fax (425) 227–1149. 

Plain language information: Marcia 

Walters, marcia.walters@faa.gov.

Examining the Docket 

The AD docket contains the proposed 

AD, comments, and any final 

disposition. You can examine the 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 DOT street address stated in the 

ADDRESSES section.

SUPPLEMENTARY INFORMATION: The FAA 

proposed to amend part 39 of the 

Federal Aviation Regulations (14 CFR 

part 39) with an AD to supersede AD 

96–22–09, amendment 39–9797 (61 FR 

57311, November 6, 1996). The existing 

AD applies to certain Short Brothers 

Model SD3–60 and SD3–SHERPA series 

airplanes. The proposed AD was 

published in the Federal Register on 

July 22, 2004 (69 FR 43779). The 

proposed AD continued to require a 

one-time inspection to detect cracks 

and/or corrosion of the gland nut on the 

shock absorber of the main landing gear 

(MLG), and follow-on actions. The 

proposed AD also continued to require 

repair or replacement of any cracked/

corroded gland nut with a new nut. The 

proposed AD added airplanes to the 

applicability; added repetitive 

inspections and corrective actions; and 

provided an optional action that would 

end the repetitive inspections. 

Comments 

We provided the public the 

opportunity to participate in the 

development of this AD. No comments 

have been submitted on the proposed 

AD or on the determination of the cost 

to the public. 

Editorial Changes to AD 

Minor editorial changes have been 

incorporated into this AD. These 

include changes in the following areas: 

• Summary section, accurately 

identifying the airplanes affected by the 

AD being superseded. 

• Note 2 of the body, updating text for 

the definition of a detailed inspection. 

• Table 3, correcting the dates of 

certain service bulletins and correcting 

the service bulletin reference for certain 

other service bulletins.

• Changing all service bulletin 

references from ‘‘Short Brothers’’ service 

bulletin(s) to ‘‘Shorts’’ service 

bulletin(s). This change was made to 

comply with the Office of the Federal 

Register’s guidelines for material 

incorporated by reference. 

• Paragraph (l), correcting the 

document number of the British 

airworthiness directive. 

Conclusion 

We have carefully reviewed the 

available data 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 not 

increase the economic burden on any 

operator or increase the scope of the AD. 

Costs of Compliance 

The following table provides the 

estimated costs for U.S. operators to 

comply with this AD.