[Federal Register Volume 69, Number 131 (Friday, July 9, 2004)]
[Rules and Regulations]
[Pages 41419-41421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15378]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-251-AD; Amendment 39-13705; AD 2004-13-23]
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: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain McDonnell Douglas DC-9-82 (MD-82) and DC-9-83 
(MD-83) airplanes; and Model MD-88 airplanes, that requires 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: 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

[[Page 41420]]

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 include an 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; was 
published in the Federal Register on March 11, 2004 (69 FR 11550). That 
action proposed to 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.

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 1,166 airplanes of the affected design in 
the worldwide fleet. The FAA estimates that 672 airplanes of U.S. 
registry will be affected by this AD, that it will take approximately 1 
work hour per airplane to accomplish the required inspection, and that 
the average labor rate is $65 per work hour. Based on these figures, 
the cost impact of the 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 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. Manufacturer warranty remedies may be available 
for labor costs associated with this AD. As a result, the costs 
attributable to the AD may be less than stated above.

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:

2004-13-23 McDonnell Douglas: Amendment 39-13705. 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.

Incorporation by Reference

    (d) Unless otherwise specified in this AD, the actions shall be 
done in accordance with Boeing Alert Service Bulletin MD80-25A367, 
Revision 01, dated June 14, 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 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

[[Page 41421]]

(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

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

    Issued in Renton, Washington, on June 24, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-15378 Filed 7-8-04; 8:45 am]
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