Federal Register / Vol. 74, No. 145 / Thursday, July 30, 2009 / Proposed Rules 37963 

AD if requested using the procedures found 

in 14 CFR 39.19. 

Special Flight Permits 

(p) Under 14 CFR part 39.23, we will not 

approve special flight permits for this AD for 

engines that have failed the visual inspection 

or the cylinder assembly compression test 

required by this AD. 

Related Information 

(q) Contact Peter W. Hakala, Aerospace 

Engineer, Special Certification Office, FAA, 

Rotorcraft Directorate, 2601 Meacham Blvd., 

Fort Worth, TX 76193; e-mail: 

peter.w.hakala@faa.gov; telephone (817) 

222–5145; fax (817) 222–5785, for more 

information about this AD. 

Issued in Burlington, Massachusetts, on 

July 21, 2009. 

Peter A. White, 

Assistant Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–18118 Filed 7–29–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0658; Directorate 

Identifier 2009–NM–058–AD] 

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: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to 

supersede 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. The existing 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 

proposed AD would add more work on 

airplanes that have main landing gear 

shock struts with certain identified part 

numbers. This proposed AD results 

from two reports of a collapsed MLG 

and a report of cracks in two MLG 

cylinders. We are proposing 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: We must receive comments on 

this proposed AD by September 14, 

2009. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

For service information identified in 

this proposed 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 

dse.boecom@boeing.com; Internet 

https://www.myboeingfleet.com. You 

may review copies of the referenced 

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. 

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 proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Office 

(telephone 800–647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

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: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2009–0658; Directorate Identifier 

2009–NM–058–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD because of those 

comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

On September 7, 2005, we issued AD 

2005–19–08, amendment 39–14273 (70 

FR 54616, September 16, 2005), for 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 requires repetitive 

inspections for cracks of the main 

landing gear (MLG) shock strut cylinder, 

and related investigative and corrective 

actions if necessary. That AD resulted 

from two reports of a collapsed MLG 

and a report of cracks in two MLG 

cylinders. We issued that 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. 

Actions Since Existing AD Was Issued 

Since we issued AD 2005–19–08, the 

manufacturer revised the service 

information referenced in that AD, i.e., 

Boeing Alert Service Bulletin DC9– 

32A350, Revision 1, dated August 3, 

2005, to add more work on airplanes 

that have shock struts with part 

numbers 5924400–505 and 5924400– 

506. 

Relevant Service Information 

We have reviewed Boeing Alert 

Service Bulletin DC9–32A350, Revision 

2, dated March 20, 2009, which 

specifies that shock struts having part 

numbers 5924400–505 and 5924400– 

506 must be included with those struts 

that require repetitive non-destructive 

testing inspections. The remaining 

actions are otherwise unchanged. 

FAA’s Determination and Requirements 

of the Proposed AD 

We have evaluated all pertinent 

information and identified an unsafe 


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37964 Federal Register / Vol. 74, No. 145 / Thursday, July 30, 2009 / Proposed Rules 

condition that is likely to develop on 

other airplanes of the same type design. 

For this reason, we are proposing this 

AD, which would supersede AD 2005– 

19–08 and would retain its 

requirements. This proposed AD would 

also require accomplishing the actions 

specified for the additional shock struts. 

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 proposed AD. 

ESTIMATED COSTS

Action Work hours 

Average 

labor rate 

per hour 

Parts Cost per airplane 

Number of 

U.S.- 

registered 

airplanes 

Fleet cost 

Inspection ..................... 4 to 6 ............................ $80 None ......... $320 to $480 per inspection cycle.426 $136,320 to $204,480 

per 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 

proposed AD would not have federalism 

implications under Executive Order 

13132. This proposed AD 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. 

For the reasons discussed above, I 

certify that the 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. 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 proposed 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. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 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. The FAA amends § 39.13 by 

removing amendment 39–14273 (70 FR 

54616, September 16, 2005) and adding 

the following new AD: 

McDonnell Douglas: Docket No. FAA–2009– 

0658; Directorate Identifier 2009–NM– 

058–AD. 

Comments Due Date 

(a) The FAA must receive comments on 

this AD action by September 14, 2009. 

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 


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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 landings after October 21, 2005 (the effective date of AD 

2005–19–08), whichever occurs first.

Intervals not to exceed 650 landings. 

2 .......................................................................... Within 18 months or 500 landings after October 21, 2005, whichever occurs first.Intervals not to exceed 500 landings. 

3, except as provided by paragraph (k) of this 

AD.

Within 18 months or 2,500 landings after October 21, 2005, whichever occurs first.Intervals not to exceed 2,500 landings. 

4 .......................................................................... Within 18 months or 2,100 landings after October 21, 2005, whichever occurs first.Intervals not to exceed 2,100 landings. 

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, of the service 

bulletin. 

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, 

of 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 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 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 

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. 

Issued in Renton, Washington, on July 22, 

2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–18157 Filed 7–29–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0659; Directorate 

Identifier 2009–NM–060–AD] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model EMB–135BJ, 

–135ER, –135KE, –135KL, and –135LR 

Airplanes; and EMB–145, –145ER, 

–145MR, –145LR, –145XR, –145MP, and 

–145EP Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above. This proposed 

AD results from mandatory continuing 

airworthiness information (MCAI) 

originated by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

It has been found occurrences of main 

landing gear (MLG) trailing arm pins broken 

due to a fatigue mechanism induced by an 

excessive torque applied during the 

assemblage of auxiliary door support 

attachment and consequent deformation of 

the MLG trailing arm axle. A broken pin can 

lead to loss of the MLG trailing arm axle, 

disconnecting the trailing arm from the main 


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