[Federal Register Volume 69, Number 50 (Monday, March 15, 2004)]
[Rules and Regulations]
[Pages 12061-12063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5431]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2003-16647; Directorate Docket No. 2002-NM-203-AD; 
Amendment 39-13520; AD 2004-05-25]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model DC-9-14, DC-9-
15, and DC-9-15F Airplanes; Model DC-9-20, -30, -40, and -50 Series 
Airplanes; and 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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain McDonnell Douglas airplane models, that requires 
inspection of the captain's and first officer's seat locking pins for 
minimum engagement with the detent holes in the seat tracks; inspection 
of the seat lockpins for excessive wear; and corrective actions, if 
necessary. This action is necessary to prevent uncommanded seat 
movement during takeoff and/or landing, which could result in 
interference with the operation

[[Page 12062]]

of the airplane and consequent temporary loss of control of the 
airplane. This action is intended to address the identified unsafe 
condition.

DATES: Effective April 19, 2004.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of April 19, 2004.

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 Office of the 
Federal Register, 800 North Capitol Street NW., suite 700, Washington, 
DC.

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: 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 December 11, 2003 (68 
FR 69501). That action proposed to require inspection of the captain's 
and first officer's seat locking pins for minimum engagement with the 
detent holes in the seat tracks; inspection of the seat lockpins for 
excessive wear; and corrective actions, if necessary.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were submitted in response 
to the proposal or the FAA's determination of the cost to the public.

Conclusion

    The FAA has determined that air safety and the public interest 
require the adoption of the rule as proposed.

Cost Impact

    There are approximately 2,166 airplanes of the affected design in 
the worldwide fleet. The FAA estimates that 1,355 airplanes of U.S. 
registry will be affected by this AD. It will take approximately 
between 1 and 3 work hours per seat (depending on airplane 
configuration) to accomplish the required inspection. Each airplane has 
2 seats (the captain and first officer seats); therefore, it will take 
approximately between 2 and 6 work hours per airplane (depending on 
airplane configuration) to accomplish the required inspection, at the 
average labor rate of $65 per work hour. Based on these figures, the 
cost impact of the AD on U.S. operators is estimated to be between 
$176,150 and $528,450, or between $130 and $390 per airplane, depending 
on airplane configuration.
    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.

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 adding the following new airworthiness 
directive:

2004-05-25 McDonnell Douglas: Amendment 39-13520. Docket FAA-2003-
16647, Directorate Docket No. 2002-NM-203-AD.

    Applicability: This AD applies to the airplanes listed in Table 
1 of this AD, certificated in any category:

                         Table 1.--Applicability
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             McDonnell Douglas model                   As listed in
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DC-9-14, DC-9-15, DC-9-15F, DC-9-21, DC-9-31, DC- Boeing Alert Service
 9-32, DC-9-32 (VC-9C), DC-9-32F, DC-9-33F, DC-9-  Bulletin DC9-25A350,
 34, DC-9-34F, DC-9-32F (C-9A, C-9B), DC-9-41,     Revision 01, dated
 DC-9-51, DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-  June 14, 2002.
 83 (MD-83), DC-9-87 (MD-87), and MD-88
 airplanes.
MD-90-30 airplanes..............................  Boeing Alert Service
                                                   Bulletin MD90-25A009,
                                                   Revision 01, dated
                                                   July 1, 2002.
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[[Page 12063]]

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent uncommanded seat movement during takeoff and/or 
landing, which could result in interference with the operation of 
the airplane and consequent temporary loss of control of the 
airplane, accomplish the following:

Service Bulletin References

    (a) The term ``service bulletin,'' as used in this AD, means the 
Accomplishment Instructions of the applicable service bulletins 
listed in Table 1 of this AD.

Inspection for Engagement and Excessive Wear of the Seat Locking Pins

    (b) Within 18 months after the effective date of this AD, do the 
actions specified in paragraphs (b)(1) and (b)(2) of this AD, per 
the service bulletin.
    (1) Do a detailed inspection of the seat locking pin for minimum 
engagement with the detent holes in the seat track of the captain's 
and first officer's seat assemblies.

    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.''

    (2) Do a detailed inspection of the seat lock pins for excessive 
wear.

Corrective Actions

    (c) If any discrepancy is detected during the inspections 
required by paragraph (b) of this AD, before further flight, do the 
corrective action(s), as applicable, per the service bulletin. Those 
corrective actions include adjusting/replacing the seat locking pin 
with a new pin and/or adjusting/repairing/replacing the seat track 
with a new track.

Alternative Methods of Compliance

    (d) 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

    (e) The actions shall be done in accordance with Boeing Alert 
Service Bulletin DC9-25A350, Revision 01, dated June 14, 2002; or 
Boeing Alert Service Bulletin MD90-25A009, Revision 01, dated July 
1, 2002; as applicable. 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, 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 April 19, 2004.

    Issued in Renton, Washington, on March 3, 2004.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-5431 Filed 3-12-04; 8:45 am]
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