[Federal Register Volume 68, Number 228 (Wednesday, November 26, 2003)]
[Proposed Rules]
[Pages 66382-66384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-29573]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-212-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 a general visual 
inspection to detect corrosion of the left- and right-hand horizontal 
stabilizer hinge fitting bolts, barrel nuts, and the associated holes 
in the horizontal stabilizer structure, and to detect corrosion of the 
left- and right-hand elevator sector pinch bolts and associated holes, 
as applicable; and corrective actions, if necessary. This action is 
necessary to detect and correct corrosion of the left- and right-hand 
horizontal stabilizer hinge fitting bolts, barrel nuts, and associated 
holes in the horizontal stabilizer structure, and the left- and right-
hand elevator sector pinch bolts and associated holes, which could lead 
to loss of a hinge fitting and reduced structural integrity of the 
horizontal stabilizer. This action is intended to address the 
identified unsafe condition.

DATES: Comments must be received by January 12, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-212-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-212-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-212-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-212-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The FAA has received a report indicating that the barrel nuts and 
bolts used to attach the horizontal stabilizer hinge fittings to the 
rear spar of the horizontal stabilizer were not properly protected 
against corrosion during assembly of certain McDonnell Douglas Model 
717-200 airplanes. In addition, there is the possibility that the left- 
and right elevator sector pinch bolts may not

[[Page 66383]]

have been properly treated for corrosion protection. These conditions, 
if not detected and corrected, could result in corrosion of the left- 
and right-hand horizontal stabilizer hinge fitting bolts, barrel nuts, 
and associated holes in the horizontal stabilizer structure, and the 
left- and right-hand elevator sector pinch bolts and associated holes, 
which could lead to loss of a hinge fitting and reduced structural 
integrity of the horizontal stabilizer.

Explanation of Relevant Service Information

    The FAA has reviewed and approved Boeing Service Bulletin 717-55-
0003, dated June 18, 2002, which describes the following procedures:
    [sbull] Performing a general visual inspection for corrosion in the 
left- and right-hand horizontal stabilizer hinge fitting bolts, barrel 
nuts, and the associated holes in the horizontal stabilizer structure;
    [sbull] Performing a visual inspection for corrosion in the left- 
and right-hand elevator sector pinch bolts and associated holes;
    [sbull] Removing corrosion;
    [sbull] Performing corrective actions; and
    [sbull] Contacting Boeing for repair if corrosion rework exceeds 
tolerance limits.
    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

    Operators should note that, although the service bulletin specifies 
that the manufacturer may be contacted for disposition of certain 
repair conditions, this proposal would require the repair of those 
conditions to be accomplished per a method approved by 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 FAA to make such findings.
    Operators should also note that, although the service bulletin does 
not list a grace period in the compliance times, this proposal adds a 
grace period to the compliance times. The FAA finds that such a grace 
period will preclude airplanes from being grounded unnecessarily.

Cost Impact

    There are approximately 84 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 67 airplanes of U.S. registry 
would be affected by this proposed AD. The work hours vary according to 
the configuration group to which the affected airplane belongs.
    The following table shows the estimated cost impact for airplanes 
affected by this proposed AD:

                                               Table--Cost Impact
----------------------------------------------------------------------------------------------------------------
                                                                  Work hours per                     Cost per
                 Airplane configuration group--                      airplane     Labor rate per     airplane
                                                                   (estimated)--     work hour     (estimated)--
----------------------------------------------------------------------------------------------------------------
1...............................................................              61             $65          $3,965
2...............................................................              57              65           3,705
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    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-212-AD.
    Applicability: Model 717-200 airplanes, as listed in Boeing 
Service Bulletin 717-55-0003, dated June 18, 2002, certificated in 
any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To detect and correct corrosion of the left- and right-hand 
horizontal stabilizer hinge fitting bolts, barrel nuts, and 
associated holes in the horizontal stabilizer structure, and the 
left- and right-hand elevator sector pinch bolts and associated 
holes, which could lead to loss of a hinge fitting and reduced

[[Page 66384]]

structural integrity of the horizontal stabilizer, accomplish the 
following:

Service Bulletin References

    (a) The term ``service bulletin,'' as used in this AD, means the 
Accomplishment Instructions of Boeing Service Bulletin 717-55-0003, 
dated June 18, 2002.

Initial Inspection

    (b) Prior to the accumulation of 18,000 total flight cycles, or 
within 15 months after the effective date of this AD, whichever is 
later: Perform the general visual inspections specified in 
paragraphs (c) and (d) of this AD, as applicable, in accordance with 
the service bulletin.

    Note 1: For the purposes of this AD, a general visual inspection 
is defined as: ``A visual examination of an interior or exterior 
area, installation, or assembly to detect obvious damage, failure, 
or irregularity. This level of inspection is made from within 
touching distance unless otherwise specified. A mirror may be 
necessary to enhance visual access to all exposed surfaces in the 
inspection area. This level of inspection is made under normally 
available lighting conditions such as daylight, hangar lighting, 
flashlight, or droplight and may require removal or opening of 
access panels or doors. Stands, ladders, or platforms may be 
required to gain proximity to the area being checked.''

Horizontal Stabilizer Hinge Fitting Bolt Inspection

    (c) For Group 1 and Group 2 airplanes identified in paragraph 
1.A.1. of the service bulletin: Perform a general visual inspection 
of the left- and right-hand horizontal stabilizer hinge fitting 
bolts, barrel nuts, and the associated holes in the horizontal 
stabilizer for corrosion in accordance with the service bulletin.
    (1) If no corrosion is found, before further flight, install 
bolts and barrel nuts with applicable corrosion protection in 
accordance with the service bulletin.
    (2) If any corrosion is found, before further flight, remove the 
corrosion and do the actions specified in paragraph (c)(2)(i) or 
(c)(2)(ii) of this AD, as applicable, in accordance with the service 
bulletin.
    (i) If corrosion rework is within tolerance limits, before 
further flight, perform the corrective actions in accordance with 
the service bulletin, as applicable.
    (ii) If corrosion rework exceeds the tolerance limits and the 
service bulletin specifies to contact Boeing for repair: Before 
further flight, repair in accordance with a method approved by the 
Manager, Los Angeles Aircraft Certification Office (ACO), FAA; or in 
accordance with data meeting the type certification basis of the 
airplane approved by a Boeing Company Designated Engineering 
Representative (DER) who has been authorized by the Manager, Los 
Angeles ACO, to make such findings. For a repair method to be 
approved, the approval must specifically reference this AD.

Elevator Sector Pinch Bolt Inspection

    (d) For Group 1 airplanes identified in paragraph 1.A.1. of the 
service bulletin: Perform a general visual inspection of the left- 
and right-hand elevator sector pinch bolts and associated holes for 
corrosion in accordance with the service bulletin.
    (1) If no corrosion is found, before further flight, install 
bolts and barrel nuts with applicable corrosion protection in 
accordance with the service bulletin.
    (2) If any corrosion is found, before further flight, remove the 
corrosion and do the actions specified in paragraph (d)(2)(i) or 
(d)(2)(ii) of this AD, as applicable, in accordance with the service 
bulletin.
    (i) If corrosion rework is within tolerance limits, before 
further flight, perform the corrective actions in accordance with 
the service bulletin, as applicable.
    (ii) If corrosion rework exceeds the tolerance limits and the 
service bulletin specifies to contact Boeing for repair: Before 
further flight, repair in accordance with a method approved by the 
Manager, Los Angeles ACO, FAA; or in accordance with data meeting 
the type certification basis of the airplane approved by a Boeing 
Company DER who has been authorized by the Manager, Los Angeles ACO, 
to make such findings. For a repair method to be approved, the 
approval must specifically reference this AD.

Alternative Methods of Compliance

    (e) 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 November 20, 2003.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-29573 Filed 11-25-03; 8:45 am]
BILLING CODE 4910-13-P