[Federal Register Volume 68, Number 107 (Wednesday, June 4, 2003)]
[Proposed Rules]
[Pages 33418-33420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13978]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-325-AD]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model 717-200 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to all McDonnell Douglas Model 717-
200 airplanes. This proposal would require revising the Airworthiness 
Limitations Section of the Instructions for Continued Airworthiness to 
incorporate new removal limits for certain components of the flap 
system and to reduce the interval of inspections for fatigue cracking 
of certain principal structural elements (PSEs). This action is 
necessary to detect and correct fatigue cracking of certain safe-life 
structure and certain PSEs, which could adversely affect the structural 
integrity of the airplane. This action is intended to address the 
identified unsafe condition.

DATES: Comments must be received by July 21, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-325-AD, 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: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2001-NM-325-AD'' 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 Service Management, Dept. C1-L5A (D800-0024). This information may 
be

[[Page 33419]]

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: 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:

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 2001-NM-325-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. 2001-NM-325-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    As service experience is accumulated on airplanes or as the result 
of post-certification testing and evaluation, it may become necessary 
to revise removal limits for removal of certain life-limited components 
of the airplane or revise the interval for certain structural 
inspections in order to ensure the continued structural integrity of 
the airplane. The manufacturer may revise the Airworthiness Limitations 
document to include more restrictive life limits or revise repetitive 
intervals for certain non-destructive inspection (NDI) techniques and 
procedures for each principal structural element (PSE). For the 
purposes of this airworthiness directive, a PSE is defined as an 
element of structure that contributes significantly to carrying flight, 
ground, and pressurization loads. If a failure occurs on any of those 
PSEs, it could adversely affect the structural integrity of the 
airplane.
    Boeing has completed analyses of certain safe-life structure on 
Model 717-200 airplanes. The results of these analyses indicate that 
removal limits of certain components of the flap system must be 
revised. Additionally, new data also indicate that the interval for 
inspections to detect fatigue cracking for certain PSEs also must be 
revised.
    The actions specified by the proposed AD are intended to detect 
fatigue cracking of certain safe-life structure and certain PSEs and to 
require removal of certain safe-life structure in a timely manner. Such 
fatigue cracking, if not detected and corrected, could adversely affect 
the structural integrity of the airplane.

Explanation of Relevant Service Information

    The FAA has reviewed and approved Boeing 717-200 Airworthiness 
Limitations Instructions (ALI), Boeing Report Number MDC-96K9063, 
Revision 3, dated August 2002. Among other things, Revision 3 contains 
mandatory removal limits for certain components of the flap system and 
revises some intervals for inspections for fatigue cracking of certain 
PSEs. Additionally, Revision 3 corrects certain part numbers specified 
in an earlier ALI revision, adds some flap idler hinge parts to the PSE 
removal limits, and corrects some typographical errors that appeared in 
an earlier ALI revision. Accomplishment of the actions specified in the 
ALI 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 operators to revise the Boeing 717-200 ALI to 
incorporate Boeing Report Number MDC-96K9063, Revision 3, dated August 
2002.

Changes to 14 CFR Part 39/Effect on the Proposed 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 
special flight permits and alternative methods of compliance. Because 
we have now included this material in part 39, we no longer need to 
include it in each individual AD.

Cost Impact

    There are approximately 133 Model 717-200 series airplanes of the 
affected design in the worldwide fleet. The FAA estimates that 108 
airplanes of U.S. registry would be affected by this proposed AD, that 
it would take approximately 1 work hour per airplane to accomplish the 
proposed actions, and that the average labor rate is $60 per work hour. 
Based on these figures, the cost impact of the proposed AD on U.S. 
operators is estimated to be $6,480, or $60 per airplane.
    The cost impact figure discussed above is 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.

[[Page 33420]]

    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 2001-NM-325-AD.
    Applicability: All Model 717-200 airplanes, certificated in any 
category.

    Note 1: This AD requires revisions to certain operator 
maintenance documents to include new inspections. Compliance with 
these inspections is required by 14 CFR 91.403(c). For airplanes 
that have been previously modified, altered, or repaired in the 
areas addressed by these inspections, the operator may not be able 
to accomplish the inspections described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must 
request approval for an alternative method of compliance in 
accordance with paragraph (c) of this AD. The request should include 
a description of changes to the required inspections that will 
ensure the continued damage tolerance of the affected structure. The 
FAA has provided guidance for this determination in Advisory 
Circular (AC) 25-1529.

    Compliance: Required as indicated, unless accomplished 
previously.
    To detect and correct fatigue cracking of certain safe-life 
structure and certain principal structural elements, which could 
adversely affect the structural integrity of the airplane; 
accomplish the following:

Revising Airworthiness Limitations Section

    (a) Within 180 days after the effective date of this AD, revise 
the Airworthiness Limitations Section of the Instructions for 
Continued Airworthiness, Airworthiness Limitations Instructions 
(ALI), in accordance with Boeing Report No. MDC-96K9063, Revision 3, 
dated August 2002.
    (b) Except as provided by paragraph (c) of this AD: After the 
actions specified in paragraph (a) of this AD have been 
accomplished, no alternative inspection intervals or removal times 
may be approved for the safe-life limited parts specified in Boeing 
Report No. MDC-96K9063, Revision 3, dated August 2002.

Alternative Methods of Compliance

    (c) In accordance with 14 CFR 39.19, the Manager, Los Angeles 
Aircraft Certification Office (ACO), FAA, is authorized to approve 
alternative methods of compliance for this AD.

    Issued in Renton, Washington, on May 28, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-13978 Filed 6-3-03; 8:45 am]
BILLING CODE 4910-13-P