[Federal Register Volume 70, Number 152 (Tuesday, August 9, 2005)]
[Rules and Regulations]
[Pages 46076-46078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-15588]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20873; Directorate Identifier 2005-NM-026-AD; 
Amendment 39-14213; AD 2005-16-08]
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 
repetitively replacing and testing a certain relay in the passenger 
oxygen release system in the forward cabin. This AD results from 
reports of a failed relay in the passenger oxygen release system. We 
are issuing this AD to prevent failure of the relay, which could result 
in the oxygen masks failing to deploy and deliver oxygen to the 
passengers in the event of a rapid decompression or cabin 
depressurization.

DATES: Effective September 13, 2005.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of September 13, 
2005.

ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov or in person at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street SW., Nassif Building, 
Room PL-401, Washington, DC.
    Contact Boeing Commercial Airplanes, Long Beach Division, 3855 
Lakewood Boulevard, Long Beach, California 90846, Attention: Data and 
Service Management, Dept. C1-L5A (D800-0024), for service information 
identified in this AD.

FOR FURTHER INFORMATION CONTACT: Albert Lam, Aerospace Engineer, Cabin 
Safety 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:

Examining the Docket

    You may 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 the street address stated in the 
ADDRESSES section.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that would apply to certain McDonnell 
Douglas Model 717-200 airplanes. That NPRM was published in the Federal 
Register on April 6, 2005 (70 FR 17353). That NPRM proposed to require 
repetitively replacing and testing a certain relay in the passenger 
oxygen release system in the forward cabin.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments that have been 
received on the proposed AD from a single commenter, the airplane 
manufacturer.

Request To Add Revised Service Information

    The commenter states that Revision 1 of Boeing Alert Service 
Bulletin 717-35A0003 is scheduled to be released in early July. The 
original issue of the service bulletin was referenced in the proposed 
AD as the appropriate source of service information for accomplishing 
the specified actions. The commenter notes that Revision 1 provides 
additional work instructions.
    We infer that the commenter is asking that Revision 1 of the 
referenced service bulletin be added to the AD for accomplishing the 
required actions. We agree, and we have reviewed Boeing Alert Service 
Bulletin 717-35A0003, Revision 1, dated June 7, 2005. The procedures in 
Revision 1 are essentially the same as those in the original issue of 
the service bulletin, and merely clarify the work instructions to 
specify removing electrical power before relay replacement and to 
change the voltage requirement of the relay test procedures to allow 
for residual voltage. Accordingly, we have revised the service bulletin 
citation specified in the applicability in paragraph (c) of this AD, 
and for accomplishing the actions in

[[Page 46077]]

paragraph (f) of this AD, to refer to Revision 1 of the service 
bulletin as the appropriate source of service information. We have also 
added a new paragraph (g) (and re-identified subsequent paragraphs 
accordingly) to state that actions accomplished before the effective 
date of this AD according to the original issue of the service bulletin 
are acceptable for compliance with this AD.

Request To Clarify Certain Terminology

    The commenter asks for clarification of certain terminology in the 
Summary, Discussion, and Relevant Service Information sections of the 
proposed AD, as well as the statement of the unsafe condition. The 
commenter asks that the terminology ``a certain relay of the passenger 
oxygen'' be changed to ``a certain relay in the passenger oxygen'' to 
clarify component location.
    We acknowledge and agree with the commenter's remarks on the 
preamble of the proposed AD; however, the Discussion and Relevant 
Service Information sections referred to are not restated in the final 
rule. We have changed the terminology identified by the commenter in 
the SUMMARY section and throughout the other relevant sections 
specified in this AD.
    The commenter also asks for the word ``reply'' to be changed to 
``relay'' in paragraph (a) of the proposed AD, but we found no 
typographical error in the NPRM that specifies the word ``reply.''
    The commenter also asks that certain terminology specified in the 
Costs of Compliance section be changed. The commenter asks that the 
word ``initial'' be added at the beginning of the sentence ``Required 
parts would be free of charge'' and before the word replacement. The 
commenter also asks that the term ``per cycle'' be deleted. The 
commenter states that the operator is responsible for additional 
replacement relays, should the operator not implement closing action in 
accordance with paragraph 2.B., ``Industry Support Information'' of the 
referenced service bulletin. For clarification, the requirements in 
this AD do not provide for such closing action.
    We partially agree with the commenter. Because the specified 
actions are repetitive and could require more than one replacement 
part, we agree that only the initial parts replacement would be free of 
charge. The parts cost for any additional replacement of the relay is 
$130. We have changed the Costs of Compliance section in this AD 
accordingly. We do not agree to remove the term ``per cycle'' because 
the actions specified in this AD are repetitive and the cost estimated 
is for each cycle.

Conclusion

    We have carefully reviewed the available data, including the 
comments that have been received, and determined that air safety and 
the public interest require adopting the AD with the changes described 
previously. We have determined that these changes will neither increase 
the economic burden on any operator nor increase the scope of the AD.

Interim Action

    We consider this AD interim action. The manufacturer is currently 
developing a modification that will address the unsafe condition 
identified in this AD. Once this modification is developed, approved, 
and available, we may consider additional rulemaking.

Costs of Compliance

    There are about 122 airplanes of the affected design in the 
worldwide fleet. This AD affects about 92 airplanes of U.S. registry. 
The replacement and test take about 2 work hours per airplane, at an 
average labor rate of $65 per work hour. Required parts for the initial 
replacement are free of charge. Required parts cost for additional 
replacements is $130 per relay. Based on these figures, the estimated 
cost of the initial replacement and test for U.S. operators is $130 per 
airplane. The estimated cost of any additional replacement and test is 
$260 per airplane, per cycle.

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 and placed it in the AD docket. 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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2005-16-08 McDonnell Douglas: Amendment 39-14213. Docket No. FAA-
2005-20873; Directorate Identifier 2005-NM-026-AD.

Effective Date

    (a) This AD becomes effective September 13, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to McDonnell Douglas Model 717-200 
airplanes, certificated in any category, as identified in Boeing 
Alert Service Bulletin 717-35A0003, Revision 1, dated June 7, 2005.

Unsafe Condition

    (d) This AD was prompted by reports of a failed relay in the 
passenger oxygen release system. We are issuing this AD to prevent

[[Page 46078]]

failure of the relay, which could result in the oxygen masks failing 
to deploy and deliver oxygen to the passengers in the event of a 
rapid decompression or cabin depressurization.

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.

Repetitive Replacement and Test

    (f) Replace the relay in the passenger oxygen release system in 
the forward cabin with a new relay and test for proper operation by 
doing all the actions as specified in the Accomplishment 
Instructions of Boeing Alert Service Bulletin 717-35A0003, Revision 
1, dated June 7, 2005; at the applicable time specified in paragraph 
(f)(1) or (f)(2) of this AD. Repeat the actions at intervals not to 
exceed 3,100 flight cycles.
    (1) For Group 1 airplanes, as identified in the service 
bulletin: Within 6 months after the effective date of this AD.
    (2) For Group 2 airplanes, as identified in the service 
bulletin: Before the accumulation of 3,100 total flight cycles, or 
within 6 months after the effective date of this AD, whichever is 
later.

Credit for Previously Accomplished Actions

    (g) Replacements and tests accomplished before the effective 
date of this AD in accordance with Boeing Alert Service Bulletin 
717-35A0003, dated November 19, 2004, are acceptable for compliance 
with paragraph (f) of this AD.

Alternative Methods of Compliance (AMOCs)

    (h) The Manager, Los Angeles Aircraft Certification Office, 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

    (i) You must use Boeing Alert Service Bulletin 717-35A0003, 
Revision 1, dated June 7, 2005, to perform the actions that are 
required by this AD, unless the AD specifies otherwise. The Director 
of the Federal Register approved the incorporation by reference of 
this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
Contact Boeing Commercial Airplanes, Long Beach Division, 3855 
Lakewood Boulevard, Long Beach, California 90846, Attention: Data 
and Service Management, Dept. C1-L5A (D800-0024), for a copy of this 
service information. You may review copies at the Docket Management 
Facility, U.S. Department of Transportation, 400 Seventh Street SW., 
Room PL-401, Nassif Building, Washington, DC; on the Internet at 
http://dms.dot.gov; or at 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 July 29, 2005.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-15588 Filed 8-8-05; 8:45 am]
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