[Federal Register Volume 72, Number 101 (Friday, May 25, 2007)]
[Rules and Regulations]
[Pages 29237-29239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-10024]



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  Federal Register / Vol. 72, No. 101 / Friday, May 25, 2007 / Rules 
and Regulations  

[[Page 29237]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27338; Directorate Identifier 2006-NM-148-AD; 
Amendment 39-15070; AD 2007-11-13]
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 superseding an existing airworthiness directive 
(AD), which applies to all McDonnell Douglas Model 717-200 airplanes. 
That AD currently requires revising the Airworthiness Limitations 
Section (ALS) of the Instructions for Continued Airworthiness to 
incorporate new removal limits for certain components of the flap 
system and to reduce the interval of inspections for fatigue cracking 
of certain principal structural elements (PSEs). This new AD requires 
revising the ALS of the Instructions for Continued Airworthiness to 
incorporate reduced initial inspection and repeat inspection intervals 
for certain PSEs. This AD results from a revised damage tolerance 
analysis. We are issuing this AD to detect and correct fatigue cracking 
of certain PSEs, which could adversely affect the structural integrity 
of the airplane.

DATES: This AD becomes effective June 29, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of June 29, 
2007.
    On September 23, 2003 (68 FR 49686, August 19, 2003), the Director 
of the Federal Register approved the incorporation by reference of 
Boeing Report No. MDC-96K9063, Revision 3, dated August 2002.

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: David Rathfelder, Aerospace Engineer, 
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification 
Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137; 
telephone (562) 627-5229; 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 supersedes AD 2003-17-01, amendment 
39-13274 (68 FR 49686, August 19, 2003). The existing AD applies to all 
McDonnell Douglas Model 717-200 airplanes. That NPRM was published in 
the Federal Register on February 26, 2007 (72 FR 8303). That NPRM 
proposed to continue to require revising the Airworthiness Limitations 
Section (ALS) of the Instructions for Continued Airworthiness to 
incorporate new removal limits for certain components of the flap 
system and to reduce the interval of inspections for fatigue cracking 
of certain principal structural elements (PSEs). That NPRM also 
proposed to require revising the ALS of the Instructions for Continued 
Airworthiness to incorporate reduced initial inspection and repeat 
inspection intervals for certain PSEs.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comment that has been 
received on the NPRM. The commenter, AirTran Airways, supports the 
NPRM.

Clarification of Alternative Method of Compliance (AMOC) Paragraph

    We have revised this action to clarify the appropriate procedure 
for notifying the principal inspector before using any approved AMOC on 
any airplane to which the AMOC applies.

Conclusion

    We have carefully reviewed the available data, including the 
comment 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

    The FAA estimates that 108 airplanes of U.S. registry are affected 
by AD 2003-17-01, that it takes approximately 1 work hour per airplane 
to accomplish the required actions, and that the average labor rate is 
$80 per work hour. Based on these figures, the cost impact on U.S. 
operators of the actions required by AD 2003-17-01 and retained in this 
AD is estimated to be $8,640, or $80 per airplane.
    There are about 155 airplanes of the affected design in the 
worldwide fleet. This AD affects about 121 airplanes of U.S. registry. 
The new required maintenance and inspection program revision takes 
about 1 work hour per airplane, at an average labor rate of $80 per 
work hour. Based on these figures, the estimated cost of the new AD to 
U.S. operators is $9,680, or $80 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.

[[Page 29238]]

    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 
removing amendment 39-13274 (68 FR 49686, August 19, 2003) and by 
adding the following new airworthiness directive (AD):

2007-11-13 McDonnell Douglas: Amendment 39-15070. Docket No. FAA-
2007-27338; Directorate Identifier 2006-NM-148-AD.

Effective Date

    (a) This AD becomes effective June 29, 2007.

Affected ADs

    (b) This AD supersedes AD 2003-17-01.

Applicability

    (c) This AD applies to all McDonnell Douglas Model 717-200 
airplanes, certificated in any category.

    Note 1: This AD requires revisions to certain operator 
maintenance documents to incorporate new inspections for fatigue 
cracking of principal structural elements (PSEs). Compliance with 
these inspections is required by 14 CFR 91.403(c). For airplanes 
that have been previously modified, altered, or repaired in the 
areas addressed by these inspections, the operator may not be able 
to incorporate the inspections described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must 
request approval for an alternative method of compliance according 
to paragraph (j) of this AD. The request should include a 
description of changes to the required inspections that will ensure 
the continued damage tolerance of the affected structure. The FAA 
has provided guidance for this determination in Advisory Circular 
(AC) 25-1529-1.

Unsafe Condition

    (d) This AD results from a revised damage tolerance analysis. We 
are issuing this AD to detect and correct fatigue cracking of 
certain PSEs, which could adversely affect the structural integrity 
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.

Restatement of Requirements of AD 2003-17-01

Revising Airworthiness Limitations Section

    (f) Within 180 days after September 23, 2003 (the effective date 
of AD 2003-17-01), revise the Airworthiness Limitations Section of 
the Instructions for Continued Airworthiness, Airworthiness 
Limitations Instructions (ALI), in accordance with Boeing Report No. 
MDC-96K9063, Revision 3, dated August 2002.
    (g) Except as provided by paragraph (j) of this AD: After the 
actions specified in paragraph (f) of this AD have been done, no 
alternative inspection intervals or replacement times may be 
approved for the PSEs and safe-life limited parts specified in 
Boeing Report No. MDC-96K9063, Revision 3, dated August 2002.

New Requirements of This AD

Revising Airworthiness Limitations Section Using Revision 5

    (h) Within 180 days after the effective date of this AD: Revise 
the Airworthiness Limitations Section of the Instructions for 
Continued Airworthiness, ALI, in accordance with Boeing 717-200 ALI, 
Report MDC-96K9063, Revision 5, dated February 2006.
    (i) Except as provided by paragraph (j) of this AD: After the 
actions specified in paragraph (h) of this AD have been done, no 
alternative inspection intervals or replacement times may be 
approved for the PSEs and safe-life limited parts specified in 
Boeing 717-200 ALI, Report MDC-96K9063, Revision 5, dated February 
2006.

Alternative Methods of Compliance (AMOCs)

    (j)(1) The Manager, Los Angeles Aircraft Certification Office, 
has the authority to approve AMOCs for this AD, if requested in 
accordance with the procedures found in 14 CFR 39.19.
    (2) An AMOC that provides an acceptable level of safety may be 
used for any repair required by this AD, if it is approved by an 
Authorized Representative for the Boeing Commercial Airplanes 
Delegation Option Authorization Organization who has been authorized 
by the Manager, Los Angeles ACO, to make those findings. For a 
repair method to be approved, the repair must meet the certification 
basis of the airplane, and the approval must specifically refer to 
this AD.
    (3) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your appropriate principal inspector (PI) in the FAA 
Flight Standards District Office (FSDO), or lacking a PI, your local 
FSDO.

Material Incorporated by Reference

    (k) You must use Boeing Report No. MDC-96K9063, Revision 3, 
dated August 2002; and Boeing 717-200 Airworthiness Limitations 
Instructions, Report MDC-96K9063, Revision 5, dated February 2006; 
as applicable, to perform the actions that are required by this AD, 
unless the AD specifies otherwise.
    (1) The Director of the Federal Register approves the 
incorporation by reference of Boeing 717-200 Airworthiness 
Limitations Instructions, Report MDC-96K9063, Revision 5, dated 
February 2006, in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) On September 23, 2003 (68 FR 49686, August 19, 2003), the 
Director of the Federal Register approved the incorporation by 
reference of Boeing Report No. MDC-96K9063, Revision 3, dated August 
2002.
    (3) 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; 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.


[[Page 29239]]


    Issued in Renton, Washington, on May 15, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-10024 Filed 5-24-07; 8:45 am]
BILLING CODE 4910-13-P