[Federal Register Volume 69, Number 131 (Friday, July 9, 2004)]
[Rules and Regulations]
[Pages 41403-41405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15374]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-176-AD; Amendment 39-13714; AD 2004-14-05]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model DC-8-11, DC-8-
12, DC-8-21, DC-8-31, DC-8-32, DC-8-33, DC-8-41, DC-8-42, DC-8-43, DC-
8F-54, and DC-8F-55 Airplanes; and Model DC-8-50, -60, -60F, -70 and -
70F Series 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 of the airplane and consequent 
temporary loss of control of the airplane. This action is intended to 
address the identified unsafe condition.

DATES: Effective August 13, 2004.
    The incorporation by reference of a certain publication listed in 
the regulations is approved by the Director of the Federal Register as 
of August 13, 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 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: 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

[[Page 41404]]

include an airworthiness directive (AD) that is applicable to certain 
McDonnell Douglas Model DC-8-11, DC-8-12, DC-8-21, DC-8-31, DC-8-32, 
DC-8-33, DC-8-41, DC-8-42, DC-8-43, DC-8F-54, and DC-8F-55 airplanes; 
and Model DC-8-50, -60, -60F, -70 and -70F series airplanes was 
published in the Federal Register on November 28, 2003 (68 FR 66770). 
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. Due consideration has been given to 
the comments received.

Request To Delay Issuance of the Proposed AD

    One commenter requests that the FAA delay issuance of the proposed 
AD until Boeing Alert Service Bulletin DC8-25A244, Revision 02, dated 
June 25, 2002, has been revised. The commenter states that the 
following changes were discussed with and agreed upon by the airplane 
manufacturer: (1) Option 2, step 1, should refer to Figure 4, instead 
of Figure 1, to verify the measurement taken, and (2) Figure 4, step 1, 
should contain a note specifying that an equivalent tool may be used to 
raise the seat until contact is made with the underside of the seat 
track.
    We partially agree. Since issuance of the proposed AD, we have 
reviewed and approved Boeing Alert Service Bulletin DC8-25A244, 
Revision 3, dated March 9, 2004, which describes procedures that are 
essentially the same as the procedures described in Revision 02 of the 
service bulletin. Revision 3 of the service bulletin also incorporates 
the changes specified above by the commenter; therefore, we do not need 
to delay issuance of the final rule. We have revised this final rule to 
specify that accomplishment of the actions required by paragraphs (a) 
and (b) of this final rule be done in accordance with Revision 3 of the 
service bulletin. We have also added paragraph (c) to this final rule 
to give credit for actions accomplished before the effective date of 
this AD in accordance with Revision 02 of the service bulletin.

Request To Extend Compliance Time

    Two commenters request that the proposed compliance time for the 
inspection be extended from 18 months to 24 months. The commenters note 
that this would allow the inspection to be accomplished during the time 
of a regularly scheduled C-check. We infer that the commenters consider 
that the adoption of the proposed compliance time of 18 months would 
require operators to schedule special times for the accomplishment of 
the inspection and corrective actions, at additional expense.
    We do not agree with the request to extend the compliance time. In 
developing an appropriate compliance time for this action, we 
considered the safety implications and normal maintenance schedules for 
the timely accomplishment of the inspection and corrective actions. In 
consideration of these factors, we find that an 18-month interval is 
appropriate. However, paragraph (d) of this final rule provides 
affected operators the opportunity to apply for an adjustment of the 
compliance time if the operator also presents data that justify the 
adjustment.

Request for Alternative Method of Compliance

    One commenter requests that its maintenance taskcard 25-000-11-05, 
dated June 15, 2002, be accepted as an alternative method of compliance 
(AMOC) with the proposed AD. The commenter states that it currently 
accomplishes the inspections ``repetitively every `C' check interval, 
not to exceed 24 calendar months.'' The commenter also submitted its 
taskcard, which references ``Service Bulletin DC8-25A244 [Revision] 1 
or later approved version.''
    The commenter makes no specific request for a change to the 
proposed AD. As provided by paragraph (d) of this final rule, we may 
approve a request for an AMOC if data are submitted to justify that the 
commenter's taskcard would provide an acceptable level of safety. We 
recommend that the commenter review Revision 3 of the service bulletin 
before submitting an AMOC to the Los Angeles Aircraft Certification 
Office for consideration of approval. No change to the final rule is 
needed in this regard.

Conclusion

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the changes previously 
described. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Cost Impact

    There are approximately 497 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 360 airplanes of U.S. registry 
will be affected by this AD. Table 1 shows the estimated cost impact, 
based upon the action taken, for airplanes affected by this AD. The 
average labor rate is $65 per work hour.

                                              Table 1.--Cost Impact
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                                                  Work hours per    Work hours       Cost per      Maximum fleet
                     Action                            seat        per airplane      airplane          cost
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Inspection for Option 1.........................               1               2            $130         $46,800
Inspection for Option 2.........................               3               6             390         140,400
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    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

[[Page 41405]]

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:


2004-14-05 McDonnell Douglas: Amendment 39-13714. Docket 2002-NM-
176-AD.

    Applicability: Model DC-8-11, DC-8-12, DC-8-21, DC-8-31, DC-8-
32, DC-8-33, DC-8-41, DC-8-42, DC-8-43, DC-8-51, DC-8-52, DC-8-53, 
DC-8F-54, DC-8-55, DC-8F-55, DC-8-61, DC-8-61F, DC-8-62, DC-8-62F, 
DC-8-63, DC-8-63F, DC-8-71, DC-8-71F, DC-8-72, DC-8-72F, DC-8-73, 
and DC-8-73F airplanes; as listed in Boeing Alert Service Bulletin 
DC8-25A244, Revision 3, dated March 9, 2004; certificated in any 
category.
    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:

Inspection for Engagement and Excessive Wear of the Seat Locking Pins

    (a) Within 18 months after the effective date of this AD, do the 
actions specified in paragraphs (a)(1) and (a)(2) of this AD, per 
either Option 1 or Option 2 of the Accomplishment Instructions of 
Boeing Alert Service Bulletin DC8-25A244, Revision 3, dated March 9, 
2004.
    (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 lockpins for excessive 
wear.

Corrective Actions

    (b) If any discrepancy is detected during the inspection 
required by paragraph (a) of this AD, before further flight, do the 
corrective action(s), per either Option 1 or Option 2 of the 
Accomplishment Instructions of Boeing Alert Service Bulletin DC8-
25A244, Revision 3, dated March 9, 2004, as applicable. 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.

Credit for Actions Accomplished per Previous Service Bulletin

    (c) Actions accomplished before the effective date of this AD 
per Boeing Alert Service Bulletin DC8-25A244, Revision 02, dated 
June 25, 2002, are acceptable for compliance with the requirements 
of paragraphs (a) and (b) of this AD.

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 (AMOCs) for this AD.

Incorporation by Reference

    (e) Unless otherwise specified in this AD, the actions shall be 
done in accordance with Boeing Alert Service Bulletin DC8-25A244, 
Revision 3, dated March 9, 2004. 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 
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

    (f) This amendment becomes effective on August 13, 2004.

    Issued in Renton, Washington, on June 29, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-15374 Filed 7-8-04; 8:45 am]
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