[Federal Register Volume 72, Number 82 (Monday, April 30, 2007)]
[Proposed Rules]
[Pages 21169-21171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-8176]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-24978; Directorate Identifier 2006-NM-108-AD]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model 717-200 
Airplanes

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

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of 
comment period.

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SUMMARY: The FAA is revising an earlier proposed airworthiness 
directive (AD) for certain McDonnell Douglas Model 717-200 airplanes. 
The original NPRM would have required modifying the fuel boost pump 
container of the center tank. The original NPRM resulted from fuel 
system reviews conducted by the manufacturer. This action revises the 
original NPRM by adding airplanes to the applicability. We are 
proposing this supplemental NPRM to prevent exposing the fuel pump 
container vapor area to electrical arcing during a fuel pump motor case 
or connector burn through, which could result in a fuel tank explosion.

DATES: We must receive comments on this supplemental NPRM by May 25, 
2007.

ADDRESSES: Use one of the following addresses to submit comments on 
this supplemental NPRM.
     DOT Docket web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590.
     Fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    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 proposed AD.

FOR FURTHER INFORMATION CONTACT: William Bond, Aerospace Engineer, 
Propulsion Branch, ANM-140L, FAA, Los Angeles Aircraft Certification 
Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137; 
telephone (562) 627-5253; fax (562) 627-5210.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this supplemental NPRM. Send your comments to an 
address listed in the ADDRESSES section. Include the docket number 
``Docket No. FAA 2006-24978; Directorate Identifier 2006-NM-108-AD'' at 
the beginning of your comments. We specifically invite comments on the 
overall regulatory, economic, environmental, and energy aspects of this 
supplemental NPRM. We will consider all comments received by the 
closing date and may amend this supplemental NPRM in light of those 
comments.
    We will post all comments submitted, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this supplemental NPRM. Using the search function 
of that web site, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You may review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
may visit http://dms.dot.gov.

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 in the Nassif Building at the DOT 
street address stated in ADDRESSES. Comments will be available in the 
AD docket shortly after the Docket Management System receives them.

Discussion

    We proposed to amend 14 CFR part 39 with a notice of proposed 
rulemaking (NPRM) for an AD (the ``original NPRM'') for certain 
McDonnell Douglas Model 717-200 airplanes. The original NPRM was 
published in the Federal Register on June 8, 2006 (71 FR 33262). The 
original NPRM proposed to require modifying the fuel boost pump 
container of the center tank.

Comments

    We have considered the following comments on the original NPRM.

Support for the NPRM

    AirTran Airways supports the proposed actions specified in the 
NPRM.

Request To Refer to Latest Revision of Service Bulletin

    AirTran Airways and Boeing request that we reference Boeing Service 
Bulletin 717-28-0013, Revision 1, dated April 7, 2006, in the NPRM (we 
referred to Boeing Service Bulletin 717-28-0013, dated July 28, 2004, 
as the appropriate source of service information for doing the actions 
specified in the NPRM). AirTran Airways also requests that we give 
credit for actions done in accordance with the original issue.
    Boeing commented that there was additional work required by 
Revision 1, but in a subsequent comment Boeing states that this was in 
error and that no additional work was needed. Boeing also notes that 
Revision 2 of the service bulletin is being drafted.
    We agree to revise this AD to refer to the latest revision of the 
service bulletin as the appropriate source of service information. We 
have reviewed Boeing Service Bulletin 717-28-0013, Revision 1, dated 
April 7, 2006; and Boeing Service Bulletin 717-28-0013, Revision 2, 
dated September 13, 2006. The service bulletins contain essentially the 
same actions as described in the original issue of the service 
bulletin.
    However, Revision 1 of the service bulletin adds new airplanes to 
the effectivity (fuselages number 5136 through 5146), clarifies the 
configuration table, and clarifies the installation of the hat and 
cover assembles. Revision 2 of the service bulletin revises the parts 
pricing and clarifies the notes in the figures. We have revised this AD 
to refer to Revision 2 of the service bulletin.

[[Page 21170]]

    We have also revised the parts cost from $1,145 to $1,180 in the 
``Costs of Compliance'' paragraph of this AD. We have also added 
paragraph (g) to this AD to allow the original issue and Revision 1 of 
the service bulletin to be considered acceptable for compliance with 
the modification specified in this supplemental NPRM.
    Operators should note that we have not revised the 78-month 
compliance time specified in this supplemental NPRM to match the ``10 
years after release date of the service bulletin'' compliance time 
specified in Revision 2 of the service bulletin. In developing an 
appropriate compliance time for this action, we considered the urgency 
associated with the subject unsafe condition, the manufacturer's 
recommendation, the availability of required parts, and the practical 
aspect of accomplishing the proposed modification within a period of 
time that corresponds to the normal scheduled maintenance for most 
affected operators. Boeing concurs with the 78-month compliance time. 
However, according to the provisions of paragraph (h) of the 
supplemental NPRM, we may approve requests to adjust the compliance 
time if the request includes data that prove that the new compliance 
time would provide an acceptable level of safety

FAA's Determination and Proposed Requirements of the Supplemental NPRM

    Certain changes discussed above expand the scope of the original 
NPRM; therefore, we have determined that it is necessary to reopen the 
comment period to provide additional opportunity for public comment on 
this supplemental NPRM.

Costs of Compliance

    There are about 145 airplanes of the affected design in the 
worldwide fleet. The following table provides the estimated costs for 
U.S. operators to comply with this supplemental NPRM.

                                                 Estimated Costs
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                                                                                        Number of
                                               Average                    Cost per        U.S.-
           Action              Work hours    labor rate       Parts       airplane     registered    Fleet cost
                                              per hour                                  airplanes
----------------------------------------------------------------------------------------------------------------
Modification................            2           $80        $1,180        $1,340           114      $152,760
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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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.
    For the reasons discussed above, I certify that the 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. 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 supplemental NPRM 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, Safety.

The Proposed Amendment

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

McDonnell Douglas: Docket No. FAA 2006-24978; Directorate Identifier 
2006-NM-108-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by May 25, 
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 717-28-0013, Revision 2, dated September 13, 2006.

Unsafe Condition

    (d) This AD results from fuel system reviews conducted by the 
manufacturer. We are issuing this AD to prevent exposing the fuel 
pump container vapor area to electrical arcing during a fuel pump 
motor case or connector burn through, which could result in a fuel 
tank explosion.

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.

Modification

    (f) Within 78 months after the effective date of this AD, modify 
the fuel boost pump container of the center tank by doing all the 
actions specified in the Accomplishment Instructions of Boeing 
Service Bulletin 717-28-0013, Revision 2, dated September 13, 2006.

Actions Accomplished According to Previous Issue of Service Bulletin

    (g) Modifications accomplished before the effective date of this 
AD in accordance with Boeing Service Bulletin 717-28-0013, dated 
July 28, 2004; or Boeing Service Bulletin 717-28-0013, Revision 1, 
dated April 7,

[[Page 21171]]

2006; are considered acceptable for compliance with the 
corresponding action specified in this AD.

Alternative Methods of Compliance (AMOCs)

    (h)(1) 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.
    (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.

    Issued in Renton, Washington, on April 23, 2007.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E7-8176 Filed 4-27-07; 8:45 am]
BILLING CODE 4910-13-P