[Federal Register Volume 73, Number 104 (Thursday, May 29, 2008)]
[Rules and Regulations]
[Pages 30743-30745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11721]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-0214; Directorate Identifier 2007-NM-224-AD; 
Amendment 39-15528; AD 2008-11-06]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model 717-200 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
McDonnell Douglas Model 717-200 airplanes. This AD requires installing 
an additional support bracket for the gray water drain hose; replacing 
the screw of the support bracket with a new screw for the potable water 
supply hose; installing a spacer; doing a detailed inspection to detect 
interference or wear damage on hoses, lines and/or cables; and doing 
corrective actions if necessary. This AD results from reports

[[Page 30744]]

of interference between the potable water supply hose and/or gray water 
drain hose at the aft lavatories and the fuel line and/or power feeder 
cables of the auxiliary power unit (APU) located below the aft cabin 
floor. We are issuing this AD to prevent interference and chafing 
between the potable water supply hose and/or gray water hose and the 
fuel line and/or power feeder cables of the APU, which could cause 
arcing and sparking, and/or fuel leaking, and consequent fire.

DATES: This AD is effective July 3, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 3, 
2008.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, Long Beach Division, 3855 Lakewood 
Boulevard, Long Beach, California 90846, Attention: Data and Service 
Management, Dept. C1-L5A (D800-0024).

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this AD, the regulatory evaluation, 
any comments received, and other information. The address for the 
Docket Office (telephone 800-647-5527) is the Document Management 
Facility, U.S. Department of Transportation, Docket Operations, M-30, 
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., 
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Ken Sujishi, Aerospace Engineer, Cabin 
Safety/Mechanical and Environmental Systems Branch, ANM-150L, FAA, Los 
Angeles Aircraft Certification Office, 3960 Paramount Boulevard, 
Lakewood, California 90712-4137; telephone (562) 627-5353; fax (562) 
627-5210.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an airworthiness directive (AD) that would apply to 
certain McDonnell Douglas Model 717-200 airplanes. That NPRM was 
published in the Federal Register on November 21, 2007 (72 FR 65478). 
(A correction of the proposed rule was published in the Federal 
Register on December 21, 2007 (72 FR 72823).) That NPRM proposed to 
require installing an additional support bracket for the gray water 
drain hose; replacing the screw of the support bracket with a new screw 
for the potable water supply hose; installing a spacer; doing a 
detailed inspection to detect interference or wear damage on hoses, 
lines and/or cables; and doing corrective actions if necessary.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received.

Request To Exclude a Certain Airplane From the Applicability Statement

    AirTran Airways (AirTran) states that it supports the proposed 
actions, but requests that we remove a certain airplane (fuselage 
number 5005) from the proposed applicability statement. AirTran notes 
that the proposed requirements were accomplished on this specific 
airplane during the Boeing service bulletin validation program, so it 
should not be required to re-accomplish the proposed requirements or to 
obtain an approval of an alternative method of compliance in order to 
comply with the AD.
    We agree that the specific airplane should not be subject to this 
AD because it has already had the required actions completed on it. 
Therefore, we have excluded that airplane from the applicability 
statement of this AD.

Request To Revise Certain Language

    Boeing requests that we revise certain language in the Discussion 
section of the NPRM to clarify the cause of the unsafe condition and 
the circumstances under which it was identified.
    We agree that the language suggested by Boeing is more accurate and 
does clarify the circumstances under which the specified unsafe 
condition was identified. However, because the Discussion section is 
not repeated in this final rule, we have not changed the AD in this 
regard.

Request To Revise Paragraph (g) of the NPRM

    Boeing requests that we revise paragraph (g) of the NPRM to require 
accomplishment of the actions specified in that paragraph in accordance 
with Boeing Alert Service Bulletin 717-38A0004, Revision 1, dated 
August 15, 2007. Paragraph (g) of the NPRM specifies contacting the FAA 
for certain repair instructions. Boeing asserts that the current 
proposed language is unduly restrictive on operators and that operators 
should be allowed to use standard practices specified in certain 
maintenance manuals.
    We do not agree to revise paragraph (g) of this AD to refer to the 
service bulletin for certain repair instructions, as suggested by 
Boeing. In two places, where the service bulletin addresses the 
corrective action for ``APU Fuel Line Interference and/or Wear'', 
Boeing states to repair the APU fuel line and references the MD-80 
airplane maintenance manual. As such, the AD does allow operators to 
use standard practices specified in the airplane maintenance manual. 
However, Boeing also states ``or contact Boeing for a specific 
repair.'' It is our understanding that Boeing's intent is that in the 
unlikely event that damage is found that is not addressed by the 
standard practices contained in the airplane maintenance manual, the 
operator should contact Boeing for a ``specific'' repair. We do not 
consider a specific repair to be ``standard'' practices. For this 
reason, paragraph (g) of this AD specifies that operators contact us 
only when the service bulletin specifies contacting the manufacturer. 
To allow operators to contact the manufacturer for a specific repair 
would be delegating our rulemaking authority to the manufacturer. 
Without paragraph (g), the AD would be requiring only an unspecified 
Boeing developed repair. This is in fact delegating our rulemaking 
authority to Boeing. We have not changed the AD in this regard.

Request To Allow Credit for Revision 1 or Later Revisions of the 
Service Bulletin

    Boeing requests that we revise paragraph (h) of the NPRM to allow 
credit for actions done using Revision 1 of the service bulletin. 
Boeing asserts that the text of the NPRM would not credit operators 
that used Revision 1 of the service bulletin as having met the intent 
of the AD. Boeing also requests that we allow operators to use later 
versions of the service bulletin.
    We do not agree. This AD requires the actions to be done in 
accordance with Revision 1 of the service bulletin. In the event that 
an operator accomplishes the required actions in accordance with 
Revision 1 of the service bulletin before the effective date of the AD, 
paragraph (e) specifies that the actions are required ``unless already 
accomplished.'' Therefore, credit for using Revision 1 before the 
effective date of the AD is already provided. We have not changed the 
AD in this regard.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
the AD

[[Page 30745]]

with the change described previously. We also determined that this 
change will not increase the economic burden on any operator or 
increase the scope of the AD.

Costs of Compliance

    There are about 123 airplanes of the affected design in the 
worldwide fleet. This AD affects about 95 airplanes of U.S. registry. 
The required actions take about 70 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 
$532,000, or $5,600 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

    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.
    You can find our regulatory evaluation and the estimated costs of 
compliance in the AD Docket.

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 FAA amends Sec.  39.13 by adding the following new AD:

2008-11-06 McDonnell Douglas: Amendment 39-15528. Docket No. FAA-
2007-0214; Directorate Identifier 2007-NM-224-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective July 3, 2008.

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 717-38A0004, Revision 1, dated August 15, 
2007; excluding fuselage number 5005.

Unsafe Condition

    (d) This AD results from reports of interference between the 
potable water supply hose and/or gray water drain hose at the aft 
lavatories with the fuel line and/or power feeder cables of the 
auxiliary power unit (APU) located below the aft cabin floor. We are 
issuing this AD to prevent interference and chafing between the 
potable water supply hose and/or gray water hose with the fuel line 
and/or power feeder cables of the APU, which could cause arcing and 
sparking, and/or fuel leaking, and consequent fire.

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.

Installations, Replacements, Inspections, and Corrective Actions

    (f) Within 27 months after the effective date of this AD, do the 
installations, replacement, inspections, and applicable corrective 
actions by accomplishing all the actions specified in the 
Accomplishment Instructions of Boeing Alert Service Bulletin 717-
38A0004, Revision 1, dated August 15, 2007; except as provided by 
paragraph (g) of this AD. The applicable corrective actions must be 
done before further flight.
    (g) If any discrepancy is found during any inspection required 
by this AD, and Boeing Alert Service Bulletin 717-38A0004, Revision 
1, dated August 15, 2007, specifies to contact Boeing for 
appropriate action: Before further flight, repair the discrepancy in 
accordance with the procedures specified in paragraph (i) of this 
AD.

Credit for Actions Done Using the Previous Service Information

    (h) Actions accomplished before the effective date of this AD in 
accordance with Boeing Alert Service Bulletin 717-38A0004, dated 
December 6, 2006, is considered acceptable for compliance with the 
corresponding actions specified in paragraph (f) of this AD.

Alternative Methods of Compliance (AMOCs)

    (i)(1) The Manager, Los Angeles 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.

Material Incorporated by Reference

    (j) You must use Boeing Alert Service Bulletin 717-38A0004, 
Revision 1, dated August 15, 2007, to do the actions required by 
this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Long Beach Division, 3855 Lakewood 
Boulevard, Long Beach, California 90846, Attention: Data and Service 
Management, Dept. C1-L5A (D800-0024).
    (3) You may review copies of the service information 
incorporated by reference 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/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on May 12, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-11721 Filed 5-28-08; 8:45 am]
BILLING CODE 4910-13-P