[Federal Register Volume 67, Number 228 (Tuesday, November 26, 2002)]
[Rules and Regulations]
[Pages 70682-70684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29804]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-375-AD; Amendment 39-12960; AD 2002-23-16]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model MD-90-30 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain McDonnell Douglas Model MD-90-30 airplanes. This 
action requires replacement of the Captain's and First Officer's chart 
holder assemblies on the cockpit control columns with new, improved 
assemblies. This action is necessary to prevent interference between 
the cockpit control wheels and the chart holder assembly, which could 
result in restricted movement of the control wheel travel when rotating 
the right- and left-wing-down, and consequent reduced controllability 
of the airplane. This action is intended to address the identified 
unsafe condition.

DATES: Effective December 11, 2002.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of December 11, 2002.
    Comments for inclusion in the Rules Docket must be received on or 
before January 27, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-375-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: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2001-NM-375-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 for Windows or 
ASCII text.
    The service information referenced in this AD 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; or at the 
Office of the Federal Register, 800 North Capitol Street, NW., suite 
700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Ken Sujishi, Aerospace Engineer, 
Systems & Equipment Branch, ANM-130L, FAA, Los Angeles Aircraft 
Certification Office, 3960 Paramount Boulevard, Lakewood, California 
90712-4137; telephone (562) 627-5353; fax (562) 627-5210.

SUPPLEMENTARY INFORMATION: The FAA has received information from an MD-
90 flight simulator manufacturer of an interference problem between the 
cockpit control wheels and the Captain's and First Officer's chart 
holder assemblies on the cockpit control columns. Investigation 
revealed that when the control wheels are rotated both right-wing-down 
and left-wing-down, the grips/horns strike the left and right edge of 
the existing chart holders. Such interference restricts movement to a 
maximum of 107 to 109 degrees. The roll control tab stops are set at 
116 degrees (no air load), and the travel-to-wheel stops are identified 
as 135 degrees. Such interference, if not corrected, could result in 
restricted movement of the control wheel travel when rotating the 
right- and left-wing-down, and consequent reduced controllability of 
the airplane.

[[Page 70683]]

Explanation of Relevant Service Information

    We have reviewed and approved Boeing Alert Service Bulletin MD90-
25A070, excluding Evaluation Form, Revision 01, dated February 26, 
2002, which describes procedures for replacement of the Captain's and 
First Officer's chart holder assemblies located on the cockpit control 
columns, with new, improved assemblies. The service bulletin also 
references the airplane maintenance manual which describes procedures 
for a functional test after doing the replacement. Accomplishment of 
the actions specified in the service bulletin is intended to adequately 
address the identified unsafe condition.

Explanation of Requirements of the Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design that may be 
registered in the United States at some time in the future, the actions 
are required to be accomplished in accordance with the service bulletin 
described previously, except that the AD does not require completing 
the Evaluation Form.

Cost Impact

    None of the Model MD-90-30 airplanes affected by this action are on 
the U.S. Register. All airplanes included in the applicability of this 
rule currently are operated by non-U.S. operators under foreign 
registry; therefore, they are not directly affected by this AD action. 
However, the FAA considers that this rule is necessary to ensure that 
the unsafe condition is addressed in the event that any of these 
subject airplanes are imported and placed on the U.S. Register in the 
future.
    Should an affected airplane be imported and placed on the U.S. 
Register in the future, it would require approximately 1 work hour to 
accomplish the required replacement, at an average labor rate of $60 
per work hour. Parts will be provided by the manufacturer at no cost to 
operators. Based on these figures, the cost impact of the replacement 
required by this AD would be $60 per airplane.

Determination of Rule's Effective Date

    Since this AD action does not affect any airplane that is currently 
on the U.S. register, it has no adverse economic impact and imposes no 
additional burden on any person. Therefore, prior notice and public 
procedures hereon are unnecessary and the amendment may be made 
effective in less than 30 days after publication in the Federal 
Register.

Comments Invited

    Although this action is in the form of a final rule and was not 
preceded by notice and opportunity for public comment, comments are 
invited on this rule. Interested persons are invited to comment on this 
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 under the caption 
ADDRESSES. All communications received on or before the closing date 
for comments will be considered, and this rule may be amended in light 
of the comments received. Factual information that supports the 
commenter's ideas and suggestions is extremely helpful in evaluating 
the effectiveness of the AD action and determining whether additional 
rulemaking action would be needed.
    Submit comments using the following format:
    [sbull] 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.
    [sbull] For each issue, state what specific change to the AD is 
being requested.
    [sbull] 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 rule that might 
suggest a need to modify the 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 that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2001-NM-375-AD.'' The postcard will be date stamped 
and returned to the commenter.

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.


Sec.  39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

2002-23-16 McDonnell Douglas: Amendment 39-12960. Docket 2001-NM-
375-AD.

    Applicability: Model MD-90-30 airplanes, as listed in Boeing 
Alert Service Bulletin MD90-25A070, Revision 01, dated February 26, 
2002; certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (c) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent interference between the cockpit control wheels and 
the chart holder assembly, which could result in restricted movement 
of the control wheel travel when rotating the right- and left-wing-
down, and

[[Page 70684]]

consequent reduced controllability of the airplane, accomplish the 
following:

Replacement

    (a) Within 18 months after the effective date of this AD: 
Replace the Captain's and First Officer's chart holder assemblies on 
the cockpit control columns with new assemblies (including a 
functional test after replacement), per Boeing Alert Service 
Bulletin MD90-25A070, excluding Evaluation Form, Revision 01, dated 
February 26, 2002.

Replacement Accomplished Per Previous Issue of Service Bulletin

    (b) Accomplishment of the replacement before the effective date 
of this AD per Boeing Alert Service Bulletin MD90-25A070, dated 
November 8, 2001, is considered acceptable for compliance with 
paragraph (a) of this AD.

Alternative Methods of Compliance

    (c) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Los Angeles Aircraft Certification 
Office (ACO), FAA. Operators shall submit their requests through an 
appropriate FAA Principal Maintenance Inspector, who may add 
comments and then send it to the Manager, Los Angeles ACO.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Los Angeles ACO.

Special Flight Permits

    (d) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.

Incorporation by Reference

    (e) The actions shall be done per Boeing Alert Service Bulletin 
MD90-25A070, excluding Evaluation Form, Revision 01, dated February 
26, 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 
Aircraft Group, Long Beach Division, 3855 Lakewood Boulevard, Long 
Beach, 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 
Office of the Federal Register, 800 North Capitol Street, NW., Suite 
700, Washington, DC.

Effective Date

    (f) This amendment becomes effective on December 11, 2002.

    Issued in Renton, Washington, on November 14, 2002.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-29804 Filed 11-25-02; 8:45 am]
BILLING CODE 4910-13-P