[Federal Register Volume 68, Number 101 (Tuesday, May 27, 2003)]
[Rules and Regulations]
[Pages 28699-28700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-12839]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-245-AD; Amendment 39-13153; AD 2003-10-08]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model 717-200 
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 Model 717-200 airplanes, that 
requires modification of the longeron-to-frame installation of the 
upper center fuselage. This action is necessary to prevent fatigue 
cracking of the longerons of the upper center fuselage, which could 
result in reduced structural integrity of the fuselage. This action is 
intended to address the identified unsafe condition.

DATES: Effective July 1, 2003.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of July 1, 2003.

ADDRESSES: The service information referenced in this AD may be 
obtained from Boeing Commercial Aircraft Group, 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: Maureen Moreland, Aerospace Engineer, 
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification 
Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137; 
telephone (562) 627-5238; 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 Model 
717-200 airplanes was published in the Federal Register on February 24, 
2003 (68 FR 8558). That action proposed to require modification of the 
longeron-to-frame installation of the upper center fuselage. This 
action is necessary to prevent fatigue cracking of the longerons of the 
upper center fuselage, which could result in reduced structural 
integrity of the fuselage.

Opportunity for Comment

    Interested persons have been afforded an opportunity to participate 
in the

[[Page 28700]]

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.

Changes to 14 CFR Part 39/Effect on the AD

    On July 10, 2002, the FAA issued a new version of 14 CFR part 39 
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness 
directives system. The regulation now includes material that relates to 
altered products, special flight permits, and alternative methods of 
compliance. However, for clarity and consistency in this final rule, we 
have retained the language of the NPRM regarding that material.

Cost Impact

    There are approximately 56 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 38 airplanes of U.S. registry 
will be affected by this AD, that it will take approximately 108 work 
hours per airplane to accomplish the required actions, and that the 
average labor rate is $60 per work hour. The cost is minimal for 
required parts. Based on these figures, the cost impact of the AD on 
U.S. operators is estimated to be $246,240, or $6,480.
    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.

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:

2003-10-08 McDonnell Douglas: Amendment 39-13153. Docket 2001-NM-
245-AD.

    Applicability: Model 717-200 airplanes, manufacturer's fuselage 
numbers 5001 through 5056 inclusive; certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (b) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent fatigue cracking of the longerons of the upper center 
fuselage, which could result in reduced structural integrity of the 
fuselage, accomplish the following:
    (a) Before the accumulation of 30,000 total flight cycles, or 
within 10 years after the effective date of this AD, whichever is 
first: Modify the longeron-to-frame installation of the upper center 
fuselage between stations Y=655.000 and Y=813.000, at longerons L-5L 
to L-5R (includes fabrication of the angles and installation of 
support angles and doublers), per Boeing Service Bulletin 717-53-
0001, dated March 20, 2001, excluding Evaluation Form.

Alternative Methods of Compliance

    (b) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Los Angeles Aircraft Certification 
Office (ACO), FAA. Operators shall submit their requests through an 
appropriate FAA Principal Maintenance Inspector, who may add 
comments and then send it to the Manager, Los Angeles ACO.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Los Angeles ACO.

Special Flight Permit

    (c) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.

Incorporation by Reference

    (d) The actions shall be done in accordance with Boeing Service 
Bulletin 717-53-0001, dated March 20, 2001, excluding Evaluation 
Form. 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 Aircraft 
Group, 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

    (e) This amendment becomes effective on July 1, 2003.

    Issued in Renton, Washington, on May 16, 2003.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-12839 Filed 5-23-03; 8:45 am]
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