[Federal Register Volume 72, Number 108 (Wednesday, June 6, 2007)]
[Proposed Rules]
[Pages 31206-31209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-10864]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-26043; Directorate Identifier 2005-NM-010-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 all McDonnell Douglas Model 717-200 airplanes. The 
original NPRM would have required inspecting the power conversion 
distribution unit (PCDU) to determine its part number, and modifying 
certain PCDUs. The original NPRM was prompted by reports of failed 
PCDUs, the loss of an electrical bus, and the presence of a strong 
electrical burning odor in the flight deck and forward cabin. This 
action revises the original NPRM by reidentifying the part number 
reference for the proposed corrective action. We are proposing this 
supplemental NPRM to prevent the loss of an electrical bus due to PCDU 
failure, resulting in the loss of all flight displays for an 
unacceptable time period, and consequent emergency landing.

DATES: We must receive comments on this supplemental NPRM by July 2, 
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: Long Beach 
Division, Dept. C1-L5A (D800-0024), for service information identified 
in this proposed AD.

FOR FURTHER INFORMATION CONTACT: Thomas Phan, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130L, FAA, Los Angeles Aircraft 
Certification Office, 3960 Paramount Boulevard, Lakewood, California 
90712-4137; telephone (562) 627-5342; 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-2006-26043; Directorate Identifier 2005-NM-010-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

[[Page 31207]]

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 all McDonnell 
Douglas Model 717-200 airplanes. The original NPRM was published in the 
Federal Register on October 12, 2006 (71 FR 60080). The original NPRM 
proposed to require inspecting the power conversion distribution unit 
(PCDU) to determine its part number, and modifying certain PCDUs.

Comments

    We have considered the following comments on the original NPRM.

Request To Revise Part Number Reference

    Boeing and AirTran Airways note that the original NPRM incorrectly 
identifies P/N 762904E as the part number needing the corrective 
actions, but P/N 762904E (and any part number above 762904E) is the 
final configuration after all corrective actions are taken.
    Since we issued the original NPRM, we became aware of this error. 
We revised paragraphs (f)(1) and (f)(2) in this supplemental NPRM to 
correctly identify the affected part numbers.

Request To State Intent To Incorporate Service Information by Reference 
During NPRM Stage

    The Modification and Replacement Parts Association (MARPA) requests 
that, during the NPRM stage of AD rulemaking, the FAA state its intent 
to incorporate by reference (IBR) any relevant service information. 
MARPA states that, without such a statement in the NPRM, it is unclear 
whether the relevant service information will be incorporated by 
reference in the final rule.
    We do not concur with the commenter's request. When we refer to 
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 this supplemental NPRM is necessary 
in regard to the commenter's request.

Request To IBR Service Information During NPRM

    This same commenter requests that we IBR the service information 
during the NPRM phase of rulemaking to permit the public to review and 
comment on the entire proposed action. The commenter notes that IBR is 
intended to avoid the unnecessary publication of documents already 
available to affected individuals. But the commenter expresses concern 
that distribution may not reach certain individuals directly 
responsible for the AD's accomplishment, including specialty shops, 
which now perform the majority of aircraft maintenance, and owners that 
are financing or leasing institutions.
    We disagree that documents should be incorporated by reference 
during the NPRM phase of rulemaking. The Office of the Federal Register 
(OFR) requires that documents that are necessary to accomplish the 
requirements of the AD be incorporated by reference during the final 
rule phase of rulemaking. The final rule will incorporate by reference 
the document necessary for the accomplishment of the actions required 
in the AD. Further, we point out that, while documents that are 
incorporated by reference do become public information, they do not 
lose their copyright protection. For that reason, we advise the public 
to contact the manufacturer to obtain copies of the referenced service 
information. No change to the supplemental NPRM is necessary in 
response to this comment.

Request To Post Service Information on DMS Before Final Rule

    This same commenter further requests that we post the service 
bulletins on the Department of Transportation's Docket Management 
System (DMS) to make the service bulletins available to the public 
before we issue the final rule.
    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 this supplemental NPRM is necessary 
in response to this comment.

Request To Clarify Affected Parts

    MARPA notes that the original NPRM would encompass both the 
original equipment manufacturer (OEM) and parts manufacturer approval 
(PMA) editions of the parts. And, ``[p]ursuant to FAR 45.15 parts 
approved under 21.303 will have the term `FAA-PMA' included as part of 
the part numbering scheme.'' But to resolve doubt and confusion when 
such parts are encountered in the field, MARPA requests that we explain 
that some parts may be marked ``FAA-PMA,'' and that the action would 
apply irrespective of the differences in part marking.
    The FAA recognizes the need for standardization of this issue and 
is currently in the process of reviewing issues that address the use of 
PMAs in ADs at the national level. However, the Transport Airplane 
Directorate considers that to delay this particular AD action would be 
inappropriate, since we have determined that an unsafe condition exists 
and that replacement of certain parts must be accomplished to ensure 
continued safety. Therefore, no change has been made to this 
supplemental NPRM regarding this issue.

Clarification of Unsafe Condition

    We have clarified certain language in the Summary and paragraph (d) 
of this supplemental NPRM to more accurately describe the unsafe 
condition that prompted this action.

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.

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 137 airplanes of the affected design in the 
worldwide fleet and 108 U.S.-registered airplanes. The following table 
provides the estimated costs for U.S. operators to comply with this 
proposed AD. The total fleet cost could be as high as $417,312.

[[Page 31208]]



                                       Estimated Costs for Primary Actions
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                                                                  Labor rate per                     Cost per
             Boeing Service Bulletin                Work hours         hour         Parts cost       airplane
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Part number identification......................               1             $80              $0             $80
Modification (717-24A0028)......................              12              80               0             960
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                                     Estimated Costs for Concurrent Actions
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   Hamilton Sundstrand Service                          Labor rate
            Bulletin                   Work hours        per hour        Parts cost         Cost per airplane
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40EGS22P-24-3...................  6..................          $80  $154 per airplane..  $634
40EGS22P-24-4...................  3..................           80  0..................  240
40EGS22P-24-6...................  3..................           80  0..................  240
40EGS22P-24-7...................  1 per PCDU.........           80  10 per PCDU,         110 (maximum).
                                                                     maximum 3 PCDUs
                                                                     per airplane.
40EGS22P-24-8...................  10.................           80  0..................  800
40EGS22P-24-9...................  10.................           80  0..................  800
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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-2006-26043; Directorate Identifier 
2005-NM-010-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by July 2, 
2007.

Affected ADs

    (b) None.

Applicability

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

Unsafe Condition

    (d) This AD was prompted by reports of failed power conversion 
distribution units (PCDUs), the loss of an electrical bus, and the 
presence of a strong electrical burning odor in the flight deck and 
forward cabin. We are issuing this AD to prevent the loss of an 
electrical bus due to PCDU failure, resulting in the loss of all 
flight displays for an unacceptable time period, and consequent 
emergency landing.

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.

Identification of PCDU Part Number

    (f) Within 20 months after the effective date of this AD, 
inspect the PCDU to determine its part number. A review of airplane 
maintenance records is acceptable in lieu of this inspection if the 
part number can be conclusively determined from that review.
    (1) If the part number is below 762904E, do the actions 
specified in paragraphs (g) and (h) of this AD.
    (2) If the part number is 762904E or higher, no further work is 
required by this AD.

Modification

    (g) Within 20 months after the effective date of this AD, modify 
the PCDU in accordance with Boeing Alert Service Bulletin 717-
24A0028, Revision 1, dated December 20, 2005. A modification done 
before the effective date of this AD in accordance with Boeing Alert 
Service Bulletin 717-24A0028, dated November 24, 2004, is acceptable 
for compliance with the requirements of this paragraph.

    Note 1: Boeing Alert Service Bulletin 717-24A0028 refers to 
Hamilton Sundstrand Service Bulletin 40EGS22P-24-10, Revision 1, 
dated May 11, 2005, as an additional source of service information 
for the modification.

Concurrent Requirements

    (h) Before or concurrently with the modification required by 
paragraph (g) of this AD, do the applicable actions specified in 
Table 1 of this AD.

[[Page 31209]]



                 Table 1.--Concurrent Service Bulletins
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                                           In accordance with Hamilton
           Do the following--             Sundstrand Service Bulletin--
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Rework the transformer rectifier unit    40EGS22P-24-3, dated June 30,
 assembly (TRU).                          2000.
Rework the W3 wiring harness assembly
 to install direct lead wires to the
 TRU..
Add a ground wire to the TRU
 transformer..
Add an insulated spacer to the PCDU top
 cover..
Install new PCDU 186 firmware..........  40EGS22P-24-4, Revision 1,
                                          dated January 2, 2002.
Install new PCDU 186 firmware..........  40EGS22P-24-6, dated July 25,
                                          2002.
Modify the top cover of the PCDU.......  40EGS22P-24-7, dated September
                                          3, 2003.
Modify printed wiring board (PWB)        40EGS22P-24-8, dated September
 assemblies A4 and A5.                    4, 2003.
Check and apply torque seal to
 fasteners on the TRU assembly and to
 PCDU internal fasteners, as
 applicable..
Modify the PWB assembly A4.............  40EGS22P-24-9, dated November
                                          19, 2003.
------------------------------------------------------------------------

Credit for Accomplishment of Earlier Service Bulletin

    (i) Installation of new PCDU 186 firmware before the effective 
date of this AD in accordance with Hamilton Sundstrand Service 
Bulletin 40EGS22P-24-4, dated April 26, 2001, is acceptable for 
compliance with the corresponding requirements of paragraph (h) of 
this AD.

Alternative Methods of Compliance (AMOCs)

    (j)(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) 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.

    Issued in Renton, Washington, on May 25, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-10864 Filed 6-5-07; 8:45 am]
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