[Federal Register Volume 72, Number 42 (Monday, March 5, 2007)]
[Rules and Regulations]
[Pages 9652-9655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-3560]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-26048; Directorate Identifier 2006-NM-191-AD; 
Amendment 39-14967; AD 2007-05-06]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model 717-200 
Airplanes

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain McDonnell Douglas Model 717-200 airplanes. This AD requires 
replacing certain attaching hardware of the bulkhead nipple assemblies 
of the left and right wing vent boxes with new electrical bonding 
attaching hardware, doing resistance testing of the new electrical 
bonds, and doing fuel leakage testing of the reworked nipple 
assemblies. This AD results from fuel system reviews conducted by the 
manufacturer. We are issuing this AD to provide a conductive path, from 
the bulkhead nipple assemblies of the left and right wing vent boxes to 
the airframe structure inside the wing fuel tanks, to dissipate high-
amperage lightning-induced currents, which might otherwise create an 
ignition source for fuel vapors inside the wing

[[Page 9653]]

vent boxes and lead to an explosion of the fuel tanks.

DATES: This AD becomes effective April 9, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of April 9, 
2007.

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 the service 
information identified in this AD.

FOR FURTHER INFORMATION CONTACT: Samuel Lee, Aerospace Engineer, 
Propulsion Branch, ANM-140L, FAA, Los Angeles Aircraft Certification 
Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137; 
telephone (562) 627-5262; fax (562) 627-5210.

SUPPLEMENTARY INFORMATION: 

Examining the Docket

    You may examine the airworthiness directive (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 October 13, 2006 (71 FR 60446). That NPRM proposed to 
require replacing certain attaching hardware of the bulkhead nipple 
assemblies of the left and right wing vent boxes with new electrical 
bonding attaching hardware, doing resistance testing of the new 
electrical bonds, and doing fuel leakage testing of the reworked nipple 
assemblies.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments received.

Request To Clarify Service Information Requirement

    One commenter, Hawaiian Airlines, requests that we clarify what 
service information is acceptable for compliance with the AD. The 
commenter asserts that the NPRM states that the use of Boeing Service 
Bulletin 717-28-0011, Revision 2, dated July 19, 2006, is acceptable 
for compliance. However, the commenter states that, although Revision 2 
of the service bulletin added a leakage test of the reworked nipple 
assemblies, Revision 2 states that no further work is required. 
Therefore, the commenter inquires whether compliance with earlier 
revisions of the service information will be acceptable.
    We agree that there may be some confusion here. Service Bulletin 
717-28-0011, Revision 1, dated January 24, 2006; and Revision 2, dated 
July 19, 2006; both state that no further work is required. However, 
Revision 1 added a ``leak check,'' and Revision 2 states that a 
``fueling capacity and leak check procedure'' has been added. In fact, 
the fueling capacity and leak check procedure specified in Revision 2 
combines the fuel leakage test from the original issue of the service 
bulletin, dated April 16, 2004, and the leak check from Revision 1 into 
a single step, Work Instruction 3.B.14., ``fuel leakage test.'' Work 
Instruction 3.B.14. cites a different airplane maintenance manual (AMM) 
chapter than the original issue or Revision 1 of the service bulletin 
(AMM 28-11-00). Additionally, the remaining Work Instruction steps have 
been renumbered. However, if an operator accomplished the actions 
specified in the original issue or Revision 1 of the service bulletin 
prior to the effective date of the AD, and no leakage of fuel has since 
occurred in the subject areas, no additional work is required for 
compliance with the corresponding requirements of the AD. We have 
revised paragraph (g) of the AD to include the original issue of the 
service bulletin.

Request for Clarification of Class `L' Reference

    Another commenter, AirTran Airways, states that it supports the 
NPRM, but expresses confusion regarding the term ``class `L' '' that 
appears in Figure 1 of Boeing Service Bulletin 717-28-0011, Revision 2. 
The commenter states that, although note (e) of Figure 1 specifies to: 
``Do class `L' resistance test * * * '' and ``Refer to SWPM [standard 
wiring practices manual] 20-50-01,'' Section 20-50-01 of the Boeing 
SWPM does not identify a class `L,' but rather provides a maximum 
direct current (DC) resistance and path for lightning protection. The 
commenter therefore requests that we clarify the reference to class `L' 
in the final rule.
    We partially agree. It is true that note (e) of Figure 1 of the 
service bulletin refers to a class `L' resistance test, while Section 
20-50-01 of the Boeing SWPM no longer refers to class `L.' Class `L' 
had to do with lightning protection, specified a maximum resistance of 
0.0025 ohm, and appeared in earlier versions of the SWPM. However, 
although the term ``class `L' '' no longer appears in the SWPM, note 
(e) of Figure 1 of the service bulletin specifies the resistance test 
retained in the SWPM, which states that the maximum resistance must not 
exceed 2.5 milliohms (0.0025 ohm). We have determined that the term 
``class `L' '' is not important in this context, and the directions of 
note (e) of Figure 1 of the service bulletin are otherwise acceptable 
as written; however, for clarity, we have added a note after paragraph 
(f) of the AD concerning this issue.

Request To Revise Compliance Time

    The same commenter notes that the compliance time in the NPRM does 
not match that in the service bulletin. The commenter states that the 
NPRM specifies a reduced compliance time of 78 months due to the nature 
of the unsafe condition, and that this difference has been coordinated 
with Boeing. The commenter suggests that the service bulletin should be 
revised to match the compliance time required by the AD.
    We do not agree. As stated in the NPRM, Boeing concurs with the 
proposed compliance time. The compliance time is clearly stated in the 
NPRM. Therefore, there is no safety-related purpose for revising the 
service bulletin. Further, we do not have the authority to require 
Boeing to revise the service bulletin to match the compliance time 
required by this AD. Therefore, we do not find it necessary to pursue 
any change to the service bulletin.

Request To Publish Incorporation by Reference (IBR) Documents on the 
Docket Management System (DMS)

    The Modification and Replacement Parts Association (MARPA) asserts 
that IBR documents should be made available to the public by 
publication in the DMS, keyed to the action that incorporates them. 
MARPA therefore requests that such documents be published in the DMS 
prior to release of the final rule.

[[Page 9654]]

    We do not agree with this request. We are currently in the process 
of reviewing issues surrounding the posting of service bulletins on the 
DMS as part of an AD docket. Once we have thoroughly examined all 
aspects of this issue and have made a final determination, we will 
consider whether our current practice needs to be revised. No change to 
the AD is necessary in this regard.

Request To Add FAA Statement of Intent

    MARPA requests that, during the NPRM stage of AD rulemaking, the 
FAA state its intent to IBR any relevant service information. MARPA 
states that without such a statement in the NPRM, it is unclear whether 
we will IBR the relevant service information in the final rule.
    We do not concur with MARPA's request. When we reference certain 
service information in a proposed AD, the public can assume we intend 
to IBR that service information, as required by the Office of the 
Federal Register. No change to the AD is necessary in regard to this 
request.

Conclusion

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

Costs of Compliance

    There are about 138 airplanes of the affected design in the 
worldwide fleet. This AD affects about 108 airplanes of U.S. registry. 
The required actions take about 6 work hours per airplane, at an 
average labor rate of $80 per work hour. The manufacturer states that 
it will supply required parts to the operators at no cost. Based on 
these figures, the estimated cost of the AD for U.S. operators is 
$51,840, or $480 per airplane.

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):

2007-05-06 McDonnell Douglas: Amendment 39-14967. Docket No. FAA-
2006-26048; Directorate Identifier 2006-NM-191-AD.

Effective Date

    (a) This AD becomes effective April 9, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to McDonnell Douglas Model 717-200 
airplanes, certificated in any category; as identified in Boeing 
Service Bulletin 717-28-0011, Revision 2, dated July 19, 2006.

Unsafe Condition

    (d) This AD results from fuel system reviews conducted by the 
manufacturer. We are issuing this AD to provide a conductive path, 
from the bulkhead nipple assemblies of the left and right wing vent 
boxes to the airframe structure inside the wing fuel tanks, to 
dissipate high-amperage lightning-induced currents, which might 
otherwise create an ignition source for fuel vapors inside the wing 
vent boxes and lead to an explosion of the fuel tanks.

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.

Installing Electrical Bonding, and Resistance and Fuel Leakage Testing

    (f) Within 78 months after the effective date of this AD, 
replace certain attaching hardware of the bulkhead nipple assemblies 
of the left and right wing vent boxes with new electrical bonding 
attaching hardware, do resistance testing of the new electrical 
bonds, and do fuel leakage testing of the reworked nipple 
assemblies; in accordance with the Accomplishment Instructions of 
Boeing Service Bulletin 717-28-0011, Revision 2, dated July 19, 
2006.

    Note 1: Note (e) of Figure 1 of the service bulletin refers to a 
class `L' resistance test. However, we have determined that the term 
``class `L' '' is not important in this context and the directions 
of note (e) of Figure 1 of the service bulletin are otherwise 
acceptable as written.

Actions Accomplished According to Previous Issue of Service Bulletin

    (g) Actions accomplished before the effective date of this AD in 
accordance with Boeing Service Bulletin 717-28-0011, dated April 16, 
2004; or Revision 1, dated January 24, 2006; are acceptable for 
compliance with the corresponding actions specified in this AD.

Alternative Methods of Compliance (AMOCs)

    (h)(1) The Manager, ANM-116, International Branch, Transport 
Airplane Directorate, FAA, has the authority to approve AMOCs for 
this AD, if requested in accordance with the procedures found in 14 
CFR 39.19.
    (2) Before using any AMOC approved in accordance with Sec.  
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

[[Page 9655]]

Material Incorporated by Reference

    (i) You must use Boeing Service Bulletin 717-28-0011, Revision 
2, dated July 19, 2006, 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 FAA, Transport 
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 
98057-3356; or at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on February 21, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E7-3560 Filed 3-2-07; 8:45 am]
BILLING CODE 4910-13-P