[Federal Register Volume 69, Number 48 (Thursday, March 11, 2004)]
[Proposed Rules]
[Pages 11550-11552]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5518]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-251-AD]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas DC-9-82 (MD-82) and 
DC-9-83 (MD-83) Airplanes; and Model MD-88 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain McDonnell Douglas DC-9-82 
(MD-82) and DC-9-83 (MD-83) airplanes; and Model MD-88 airplanes. This 
proposal would require inspection of the captain's and first officer's 
seat track locking pins for insufficient engagement caused by seat 
track misalignment, and corrective actions, if necessary. This action 
is necessary to prevent uncommanded movement of the captain's and first 
officer's seats during takeoff and landing, which could result in 
interference with the operation of the airplane and consequent 
temporary loss of control of the airplane. This action is intended to 
address the identified unsafe condition.

DATES: Comments must be received by April 26, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2003-NM-251-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m.,

[[Page 11551]]

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. 2003-
NM-251-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 or 2000 or ASCII text.
    The service information referenced in the proposed rule 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 FAA, Transport Airplane Directorate, 1601 Lind Avenue, 
SW., Renton, Washington; or at the FAA, Los Angeles Aircraft 
Certification Office, 3960 Paramount Boulevard, Lakewood, California.

FOR FURTHER INFORMATION CONTACT: Cheyenne Del Carmen, Aerospace 
Engineer, Systems and Equipment Branch, ANM-130L, FAA, Los Angeles 
Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, 
California 90712-4137; telephone (562) 627-5338; fax (562) 627-5210.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed 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 above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this action may be changed in 
light of the comments received.
    Submit comments using the following format:
     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.
     For each issue, state what specific change to 
the proposed AD is being requested.
     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 proposed 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 summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2003-NM-251-AD.'' The postcard will be date stamped 
and returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 2003-NM-251-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The FAA has received a report indicating that the airplane 
manufacturer discovered, during production, fore and aft misalignment 
of cockpit floor seat tracks at the captain's and/or first officer's 
seat assembly on some McDonnell Douglas DC-9-82 airplanes. The seat 
track misalignment was enough to prevent full engagement of the seat 
locking pins into the seat track detent holes. This condition, if not 
corrected, could result in uncommanded movement of the captain's and 
first officer's seats during takeoff and landing, which could result in 
interference with the operation of the airplane and consequent 
temporary loss of control of the airplane.

Similar Airplanes

    The subject areas on certain McDonnell Douglas Model DC-9-83 
airplanes and Model MD-88 airplanes are identical to those on the 
affected McDonnell Douglas DC-9-82 airplanes. Therefore, all of these 
models may be subject to the same unsafe condition.

Explanation of Relevant Service Information

    The FAA has reviewed and approved Boeing Alert Service Bulletin 
MD80-25A367, Revision 01, dated June 14, 2002, which describes 
procedures for a detailed inspection of the captain's and first 
officer's seat track locking pins for sufficient engagement; and 
corrective actions, if necessary. The corrective actions include the 
following actions:
     Adjusting/repairing the locking mechanism and/or 
replacing the lockpin with a new lockpin;
     Performing a detailed inspection of the lockpins 
for wear, and replacing lockpins with new lockpins, if necessary; and
     Performing a detailed inspection of the seat 
track for proper alignment, and repairing the seat track, if necessary.
    Accomplishment of the actions specified in the service bulletin is 
intended to adequately address the identified unsafe condition.

Explanation of Requirements of Proposed Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other products of this same type design, the 
proposed AD would require accomplishment of the actions specified in 
the service bulletin described previously.

Cost Impact

    There are approximately 1,166 airplanes of the affected design in 
the worldwide fleet. The FAA estimates that 672 airplanes of U.S. 
registry would be affected by this proposed AD, that it would take 
approximately 1 work hour per airplane to accomplish the proposed 
inspection, and that the average labor rate is $65 per work hour. Based 
on these figures, the cost impact of the proposed AD on U.S. operators 
is estimated to be $43,680 or $65 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the proposed requirements of 
this AD action, and that no operator would accomplish those actions in 
the future if this proposed 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. Manufacturer warranty 
remedies may be available for labor costs associated with this proposed 
AD. As a result, the costs attributable to the proposed AD may be less 
than stated above.

Regulatory Impact

    The regulations proposed herein 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. Therefore, it 
is determined that this proposal would not have federalism implications 
under Executive Order 13132.

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    For the reasons discussed above, I certify that this 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) if promulgated, 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 copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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:

McDonnell Douglas: Docket 2003-NM-251-AD.

    Applicability: Model DC-9-82 (MD-82) and DC-9-83 (MD-83) 
airplanes, and Model MD-88 airplanes; as listed in Boeing Alert 
Service Bulletin MD80-25A367, Revision 01, dated June 14, 2002; 
certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent uncommanded movement of the captain's and first 
officer's seats during takeoff and landing, which could result in 
interference with the operation of the airplane and consequent 
temporary loss of control of the airplane, accomplish the following:

Inspection and Corrective Actions

    (a) Within 6 months after the effective date of this AD, perform 
a detailed inspection of the captain's and first officer's seat 
track locking pins for sufficient engagement, and any applicable 
corrective actions by accomplishing all the actions in the 
Accomplishment Instructions of Boeing Alert Service Bulletin MD80-
25A367, Revision 01, dated June 14, 2002. Do the actions per the 
service bulletin. Any applicable corrective actions must be 
accomplished before further flight.

    Note 1: For the purposes of this AD, a detailed inspection is 
defined as: ``An intensive visual examination of a specific 
structural area, system, installation, or assembly to detect damage, 
failure, or irregularity. Available lighting is normally 
supplemented with a direct source of good lighting at intensity 
deemed appropriate by the inspector. Inspection aids such as mirror, 
magnifying lenses, etc., may be used. Surface cleaning and elaborate 
access procedures may be required.''

Inspection/Corrective Actions Accomplished Per Previous Issue of 
Service Bulletin

    (b) Any inspection/corrective action accomplished before the 
effective date of this AD per Boeing Alert Service Bulletin MD80-
25A367, dated December 6, 1999, is considered acceptable for 
compliance with the corresponding inspection/corrective action 
specified in this AD.

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.

    Issued in Renton, Washington, on March 2, 2004.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-5518 Filed 3-10-04; 8:45 am]
BILLING CODE 4910-13-P