[Federal Register: December 11, 2003 (Volume 68, Number 238)]
[Proposed Rules]               
[Page 69051-69053]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11de03-30]                         





Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================



[[Page 69051]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2003-16647]
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: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain McDonnell Douglas airplane 
models. This proposal would 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. 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: Comments must be received by January 26, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. FAA-2003-16647, 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: 9-anm-nprmcomment@faa.gov. Comments sent via fax or the Internet must 
contain ``Docket No. FAA-2003-16647'' 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 Aircraft Group, Long Beach Division, 
3855 Lakewood Boulevard, Long Beach, California 90846, Attention: Data 
and Services 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:
    [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 proposed 
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 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 2002-NM-203-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. FAA-2003-16647, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The FAA has received reports that on three instances the captain's 
and/or first officer's seat(s) unexpectedly moved full aft during 
takeoff of certain McDonnell Douglas Model DC-9-41 and DC-9-33RC 
airplanes. The cause of the uncommanded seat movement has been 
attributed to marginal engagement between the seat locking pins and the 
detent holes of the seat track of the captain's and first officer's 
seat assemblies. This condition, if not corrected, could lead to 
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.
    The captain's and first officer's seat assemblies on certain Model 
DC-9-41 and DC-9-33RC airplanes are identical to those installed on 
certain Model DC-9-14, DC-9-15, and DC-9-15F airplanes; certain Model 
DC-9-20, -30, -40, and -50 series airplanes; and certain 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. Therefore, all of these models may be subject to 
the identified unsafe condition.

[[Page 69052]]

Explanation of Relevant Service Information

    The FAA has reviewed and approved Boeing Alert Service Bulletin 
DC9-25A350, Revision 01, dated June 14, 2002 (for 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), and MD-88 airplanes); and Boeing Alert Service 
Bulletin MD90-25A009, Revision 01, dated July 1, 2002 (for Model MD-90-
30 airplanes).
    These service bulletins describe procedures for a detailed 
inspection of the captain's and first officer's seat locking pins for 
minimum engagement with the detent holes in the seat tracks; a detailed 
inspection of the seat lockpins for excessive wear; and corrective 
actions, if necessary. The 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, as applicable. 
Accomplishment of the actions specified in these service bulletins 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 bulletins described previously.

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 would be affected by this proposed AD. It would take 
approximately between 1 and 3 work hours per seat (depending on 
airplane configuration) to accomplish the proposed 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 proposed 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 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.

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.
    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 FAA-2003-16647.

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

                         Table 1.--Applicability
------------------------------------------------------------------------
      McDonnell Douglas model                    As listed in
------------------------------------------------------------------------
DC-9-14, DC-9-15, DC-9-15F, DC-9-    Boeing Alert Service Bulletin DC9-
 21, DC-9-31, DC-9-32, DC-9-32 (VC-   25A350, Revision 01, dated June
 9C), DC-9-32F, DC-9-33F, DC-9-34,    14, 2002.
 DC-9-34F, DC-9-32F (C-9A, C-9B),
 DC-9-41, DC-9-51, DC-9-81 (MD-81),
 DC-9-82 (MD-82), DC-9-83 (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
------------------------------------------------------------------------

    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 Reference

    (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

[[Page 69053]]

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.

    Issued in Renton, Washington, on December 4, 2003.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-30674 Filed 12-10-03; 8:45 am]

BILLING CODE 4910-13-P