[Federal Register Volume 70, Number 102 (Friday, May 27, 2005)]
[Rules and Regulations]
[Pages 30615-30617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10428]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19987; Directorate Identifier 2004-NM-203-AD; 
Amendment 39-14105; AD 2005-11-03]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model 717-200 
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain McDonnell Douglas Model 717-200 airplanes. This AD requires 
replacing eight brake fuses of the hydraulic quantity limiter with new 
or modified and reidentified fuses. This AD is prompted by reports 
indicating that brake fuses of the hydraulic quantity limiter of the 
main landing gear have failed. We are issuing this AD to prevent loss 
of both hydraulic and brake systems if one fuse on each hydraulic 
system were to fail simultaneously, and consequent reduced 
controllability of the airplane.

DATES: This AD becomes effective July 1, 2005.
    The incorporation by reference of a certain publication listed in 
the AD is approved by the Director of the Federal Register as of July 
1, 2005.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, Long Beach Division, 3855 Lakewood 
Boulevard, Long Beach, California 90846, Attention: Data and Service 
Management, Dept. C1-L5A (D800-0024).
    Docket: The AD docket contains the proposed AD, comments, and any 
final disposition. You can examine the AD docket on the Internet at 
http://dms.dot.gov, or in person at the Docket Management Facility 
office between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at

[[Page 30616]]

the U.S. Department of Transportation, 400 Seventh Street SW, room PL-
401, Washington, DC. This docket number is FAA-2004-19987; the 
directorate identifier for this docket is 2004-NM-203-AD.

FOR FURTHER INFORMATION CONTACT: Albert Lam, Aerospace Engineer, Cabin 
Safety/Mechanical and Environmental Systems Branch, ANM-150L, FAA, Los 
Angeles Aircraft Certification Office, 3960 Paramount Boulevard, 
Lakewood, California 90712-4137; telephone (562) 627-5346; fax (562) 
627-5210.

SUPPLEMENTARY INFORMATION: The FAA proposed to amend 14 CFR part 39 
with an AD for certain McDonnell Douglas Model 717-200 airplanes. That 
action, published in the Federal Register on January 5, 2005 (70 FR 
731), proposed to require replacing eight brake fuses of the hydraulic 
quantity limiter with new or modified and reidentified fuses.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments that have been 
submitted on the proposed AD.

Support for Proposed AD

    One commenter supports the proposed AD.

Request to Refer to Vendor Part Numbers

    One commenter has no technical objection to the proposed AD, but 
would like the vendor part numbers to be included with the Boeing part 
numbers in paragraphs (g) and (h) of the proposed AD. The commenter 
provided no justification for its request.
    We do not agree. Paragraph (g) of the AD refers to Boeing Alert 
Service Bulletin 717-32A0031, dated September 10, 2004, as the 
appropriate source of service information for accomplishing the 
required replacement. Note (a) of paragraph 2.C.1. of the service 
bulletin identifies the vendor part numbers that correspond to the 
Boeing part numbers referenced in the AD. Therefore, we find it 
unnecessary to specify vendor part numbers in either paragraph (g) or 
(h) of the AD when the referenced service bulletin contains that 
information. We have made no change to the AD in this regard.

Conclusion

    We have carefully reviewed the available data, including the 
comments that have been submitted, and determined that air safety and 
the public interest require adopting the AD as proposed.

Costs of Compliance

    There are about 133 airplanes of the affected design in the 
worldwide fleet and 103 airplanes on the U.S. registry. The following 
table provides the estimated costs for U.S. operators to comply with 
this AD.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                        Average labor                                Cost per
                Action                   Work hours     rate per hour            Parts               airplane
----------------------------------------------------------------------------------------------------------------
Option 1. Replacement with new brake                9             $65  No Charge................            $585
 fuses.
Option 2. Replacement with modified                13              65  No Charge................             845
 and reidentified brake fuses.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, Section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We have determined that this AD will not have federalism 
implications under Executive Order 13132. This AD 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.
    For the reasons discussed above, I certify that this AD:
    (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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD. See the ADDRESSES section for a location to 
examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2005-11-03 McDonnell Douglas:
    Amendment 39-14105. Docket No. FAA-2004-19987; Directorate 
Identifier 2004-NM-203-AD.

Effective Date

    (a) This AD becomes effective July 1, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to McDonnell Douglas Model 717-200 
airplanes, fuselage numbers 5002 through 5134 inclusive; 
certificated in any category.

Unsafe Condition

    (d) This AD was prompted by reports indicating that brake fuses 
of the hydraulic quantity limiter of the main landing gear (MLG) 
have failed. We are issuing this AD to prevent loss of both 
hydraulic and brake systems if one fuse on each hydraulic system

[[Page 30617]]

were to fail simultaneously, and consequent reduced controllability 
of the airplane.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Compliance Times

    (f) At the applicable time in Table 1 of this AD, do the action 
required by paragraph (g) of this AD.

                       Table 1.--Compliance Times
------------------------------------------------------------------------
         For airplanes having--                  Compliance time
------------------------------------------------------------------------
(1) Less than 5,000 total flight cycles  Within 3,600 flight cycles
 as of the effective date of this AD.     after the effective date of
                                          this AD.
(2) 5,000 or more total flight cycles    Within 1,500 flight cycles
 as of the effective date of this AD.     after the effective date of
                                          this AD.
------------------------------------------------------------------------

Replacement

    (g) Replace the eight brake fuses of the hydraulic quantity 
limiter by doing either Option 1 or Option 2 in Table 2 of this AD 
in accordance with Boeing Alert Service Bulletin 717-32A0031, dated 
September 10, 2004.

                          Table 2.--Replacement
------------------------------------------------------------------------
                                       Replace eight fuses having part
             Option--                 number (P/N) 7918282-5503 with--
------------------------------------------------------------------------
1.................................  New fuses having P/N 7918282-5505.
2.................................  Modified and reidentified fuses
                                     having P/N 7918282-5505.
------------------------------------------------------------------------


    Note 1: Boeing Alert Service Bulletin 717-32A0031 refers to 
Parker Hannifin Corporation Stratoflex Products Division Service 
Bulletin 836SD-8-6-20, Revision 1, dated June 23, 2004, as an 
additional source of service information for modifying and 
reidentifying the brake fuses.

Parts Installation

    (h) As of the effective date of this AD, no person may install a 
brake fuse, P/N 7918282-5503, on any airplane.

Alternative Methods of Compliance (AMOCs)

    (i) The Manager, Los Angeles Aircraft Certification Office 
(ACO), FAA, has the authority to approve AMOCs for this AD, if 
requested in accordance with the procedures found in 14 CFR 39.19.

Material Incorporated by Reference

    (j) You must use Boeing Alert Service Bulletin 717-32A0031, 
dated September 10, 2004, to perform the actions that are required 
by this AD, unless the AD specifies otherwise. The Director of the 
Federal Register approves the incorporation by reference of this 
document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To 
get copies of the service information, contact Boeing Commercial 
Airplanes, Long Beach Division, 3855 Lakewood Boulevard, Long Beach, 
California 90846, Attention: Data and Service Management, Dept. C1-
L5A (D800-0024). To view the AD docket, go to the Docket Management 
Facility, U.S. Department of Transportation, 400 Seventh Street SW., 
room PL-401, Nassif Building, Washington, DC. To review copies of 
the service information, go to the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at the NARA, call (202) 741-6030, or go to http://www.archives.gov/federal_ register/code--of-- federal--regulations/
ibr--locations.html.

    Issued in Renton, Washington, on May 16, 2005.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-10428 Filed 5-26-05; 8:45 am]
BILLING CODE 4910-13-P