[Federal Register Volume 68, Number 160 (Tuesday, August 19, 2003)]
[Rules and Regulations]
[Pages 49686-49688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20833]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-325-AD; Amendment 39-13274; AD 2003-17-01]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model 717-200 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: 

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inal rule.

SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to all McDonnell Douglas Model 717-200 airplanes, that 
requires 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: Effective September 23, 2003.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of September 23, 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

[[Page 49687]]

(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 all McDonnell Douglas Model 717-
200 airplanes was published in the Federal Register on June 4, 2003 (68 
FR 33418). That action proposed to 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).

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.

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.

Change to Labor Rate Estimate

    We have reviewed the figures we have used over the past several 
years to calculate AD costs to operators. To account for various 
inflationary costs in the airline industry, we find it necessary to 
increase the labor rate used in these calculations from $60 per work 
hour to $65 per work hour. The cost impact information, below, reflects 
this increase in the specified hourly labor rate.

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 will be affected by this AD, that it will 
take approximately 1 work hour per airplane to accomplish the required 
actions, 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 $7,020, 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.

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 ``significnat 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 fo 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:

2003-17-01 McDonnell Douglas: Amendment 39-13274. 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.

[[Page 49688]]

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.

Incorporation by Reference

    (d) The actions shall be done in accordance with Boeing Report 
No. MDC-96K9063, Revision 3, dated August 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 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 September 23, 2003.

    Issued in Renton, Washington, on August 11, 2003.
Neil D. Schalekamp,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-20833 Filed 8-18-03; 8:45 am]
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