[Federal Register Volume 68, Number 181 (Thursday, September 18, 2003)]
[Proposed Rules]
[Pages 54690-54691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23833]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-213-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 certain McDonnell Douglas Model 
717-200 airplanes. This proposal would require inspection of the 
inboard ends of the outer skin panels of the horizontal stabilizer at 
Station Xh=+/-7.234 for material defects, and corrective 
action, if necessary. This action is necessary to detect material 
defects in the inboard ends of the outer skin panels of the horizontal 
stabilizer, which could lead to cracks and an associated loss of 
strength in the attachments, and consequent reduced structural 
integrity of the horizontal stabilizer. This action is intended to 
address the identified unsafe condition.

DATES: Comments must be received by November 3, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-213-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. 2002-NM-213-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 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 2002-NM-213-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. 2002-NM-213-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The FAA has received a report indicating that the manufacturer of 
the horizontal stabilizer failed to ultrasonically inspect the inboard 
ends of the outer skin panels of the horizontal stabilizer at Station 
Xh=+/-7.234 for material defects during manufacture of certain 
McDonnell Douglas 717-200 airplanes. Undetected defects in the material 
in the inboard ends of the outer skin panels of the horizontal 
stabilizer could lead to cracks and an associated loss of strength in 
the attachments. Cracks in the inboard ends of the outer skin panels of 
the horizontal stabilizer and an associated loss of strength in the 
attachments could lead to reduced structural integrity of the 
horizontal stabilizer.

Explanation of Relevant Service Information

    The FAA has reviewed and approved Boeing Service Bulletin 717-55-
0005, dated June 27, 2002. The service bulletin describes procedures 
for performing an ultrasonic inspection of the inboard ends of the 
outer skin panels of the horizontal stabilizer at Station Xh=+/-7.234 
for material defects, and for contacting Boeing for repair 
instructions. Accomplishment of the actions specified in the service 
bulletin 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 bulletin described previously, except as discussed below.

Differences Between Proposed Rule and Service Bulletin

    Although the service bulletin specifies that operators may contact 
the manufacturer for disposition of certain defect conditions, this 
proposed AD would require operators to repair those conditions per a 
method approved by

[[Page 54691]]

the FAA, or per data meeting the type certification basis of the 
airplane approved by a Boeing Company Designated Engineering 
Representative who has been authorized by the Manager, Los Angeles 
Aircraft Certification Office, to make such findings.
    Operators should note that, although the service bulletin does not 
list a grace period in the compliance times, this proposed AD adds a 
grace period to the compliance times. The FAA finds that such a grace 
period will keep airplanes from being grounded unnecessarily.

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 
altered products, special flight permits, and alternative methods of 
compliance (AMOCs). Because we have now included this material in part 
39, only the office authorized to approve AMOCs is identified in each 
individual AD.

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 56 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 41 airplanes of U.S. registry 
would be affected by this proposed AD, that it would take approximately 
4 work hours per airplane to accomplish the proposed inspection, and 
that the average labor rate is $65 per work hour. Based on these 
figures, the cost impact of the proposed AD on U.S. operators is 
estimated to be $10,660, or $260 per airplane.
    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. Manufacturer warranty 
remedies may be available for labor costs associated with this proposed 
AD. As a result, the costs attributable to the proposed AD may be less 
than stated above.

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 2002-NM-213-AD.

    Applicability: Model 717-200 airplanes, as listed in Boeing 
Service Bulletin 717-55-0005, dated June 27, 2002; certificated in 
any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To detect material defects in the inboard ends of the outer skin 
panels of the horizontal stabilizer at Station Xh=+/-7.234, which 
could lead to cracks and an associated loss of strength in the 
attachments, and consequent reduced structural integrity of the 
horizontal stabilizer, accomplish the following:

Inspection

    (a) Prior to the accumulation of 10,000 total flight cycles, or 
within 15 months after the effective date of this AD, whichever 
occurs later, do an ultrasonic inspection of the inboard ends of the 
outer skin panels of the horizontal stabilizer at Station Xh=+/-
7.234 for material defects, per the Accomplishment Instructions of 
Boeing Service Bulletin 717-55-0005, dated June 27, 2002.

Corrective Action

    (b) If any defects are found during the inspection required by 
paragraph (a) of this AD, and the service bulletin specifies 
contacting Boeing for appropriate action: Before further flight, 
repair per a method approved by the Manager, Los Angeles Aircraft 
Certification Office (ACO), FAA; or per data meeting the type 
certification basis of the airplane approved by a Boeing Company 
Designated Engineering Representative who has been authorized by the 
Manager, Los Angeles ACO, to make such findings. For a repair method 
to be approved, as required by this paragraph, the approval letter 
must specifically refer to this AD.

Alternative Methods of Compliance

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

    Issued in Renton, Washington, on September 12, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.

[FR Doc. 03-23833 Filed 9-17-03; 8:45 am]
BILLING CODE 4910-13-P