[Federal Register Volume 69, Number 28 (Wednesday, February 11, 2004)]
[Rules and Regulations]
[Pages 6532-6533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2581]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-213-AD; Amendment 39-13465; AD 2004-03-21]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model 717-200 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain McDonnell Douglas Model 717-200 airplanes, that 
requires inspection of the inboard ends of the outer skin panels of the 
horizontal stabilizer at Station Xh=<plus-minus<ls-thn-eq>7.234 for 
material defects, and corrective action, if necessary. This action is 
necessary to detect material defects in the inboard ends of the outer 
skin panels of the horizontal stabilizer, which could lead to cracks 
and an associated loss of strength in the attachments, and consequent 
reduced structural integrity of the horizontal stabilizer. This action 
is intended to address the identified unsafe condition.

DATES: Effective March 17, 2004.
    The incorporation by reference of a certain publication listed in 
the regulations is approved by the Director of the Federal Register as 
of March 17, 2004.

ADDRESSES: The service information referenced in this AD may be 
obtained from Boeing Commercial Airplanes, Long Beach Division, 3855 
Lakewood Boulevard, Long Beach, California 90846, Attention: Data and 
Service Management, Dept. C1-L5A (D800-0024). This information may be 
examined at the Federal Aviation Administration (FAA), Transport 
Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton, 
Washington; or at the FAA, Los Angeles Aircraft Certification Office, 
3960 Paramount Boulevard, Lakewood, California; or at the Office of the 
Federal Register, 800 North Capitol Street, NW., suite 700, Washington, 
DC.

FOR FURTHER INFORMATION CONTACT: Maureen Moreland, Aerospace Engineer, 
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification 
Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137; 
telephone (562) 627-5238; fax (562) 627-5210.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain McDonnell Douglas Model 
717-200 airplanes was published in the Federal Register on September 
18, 2003 (68 FR 54690). That action proposed to require inspection of 
the inboard ends of the outer skin panels of the horizontal stabilizer 
at Station Xh=<plus-minus<ls-thn-eq>7.234 for material defects, and 
corrective action, if necessary.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were submitted in response 
to the proposal or the FAA's determination of the cost to the public.

Conclusion

    The FAA has determined that air safety and the public interest 
require the adoption of the rule as proposed.

Cost Impact

    There are approximately 56 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 41 airplanes of U.S. registry 
will be affected by this AD, that it will take approximately 4 work 
hours per airplane to accomplish the required inspection, and that the 
average labor rate is $65 per work hour. Based on these figures, the 
cost impact of the AD on U.S. operators is estimated to be $10,660, or 
$260 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the requirements of this AD 
action, and that no operator would accomplish those actions in the 
future if this AD were not adopted. The cost impact figures discussed 
in AD rulemaking actions represent only the time necessary to perform 
the specific actions actually required by the AD. These figures 
typically do not include

[[Page 6533]]

incidental costs, such as the time required to gain access and close 
up, planning time, or time necessitated by other administrative 
actions. Manufacturer warranty remedies may be available for labor 
costs associated with this proposed AD. As a result, the costs 
attributable to the proposed AD may be less than stated above.

Regulatory Impact

    The regulations adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    For the reasons discussed above, I certify that this action (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. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new airworthiness 
directive:

2004-03-21 McDonnell Douglas: Amendment 39-13465. Docket 2002-NM-
213-AD.

    Applicability: Model 717-200 airplanes, as listed in Boeing 
Service Bulletin 717-55-0005, dated June 27, 2002; certificated in 
any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To detect material defects in the inboard ends of the outer skin 
panels of the horizontal stabilizer at Station Xh=<plus-
minus<ls-thn-eq>7.234, which could lead to cracks and an associated 
loss of strength in the attachments, and consequent reduced 
structural integrity of the horizontal stabilizer, accomplish the 
following:

Inspection

    (a) Prior to the accumulation of 10,000 total flight cycles, or 
within 15 months after the effective date of this AD, whichever 
occurs later, do an ultrasonic inspection of the inboard ends of the 
outer skin panels of the horizontal stabilizer at Station Xh=<plus-
minus<ls-thn-eq>7.234 for material defects, per the Accomplishment 
Instructions of Boeing Service Bulletin 717-55-0005, dated June 27, 
2002.

Corrective Action

    (b) If any defects are found during the inspection required by 
paragraph (a) of this AD, and the service bulletin specifies 
contacting Boeing for appropriate action: Before further flight, 
repair per a method approved by the Manager, Los Angeles Aircraft 
Certification Office (ACO), FAA; or per data meeting the type 
certification basis of the airplane approved by a Boeing Company 
Designated Engineering Representative who has been authorized by the 
Manager, Los Angeles ACO, to make such findings. For a repair method 
to be approved, as required by this paragraph, the approval letter 
must specifically refer to this AD.

Alternative Methods of Compliance

    (c) In accordance with 14 CFR 39.19, the Manager, Los Angeles 
ACO, FAA, is authorized to approve alternative methods of compliance 
for this AD.

Incorporation by Reference

    (d) Unless otherwise specified in this AD, the actions shall be 
done in accordance with Boeing Service Bulletin 717-55-0005, dated 
June 27, 2002. This incorporation by reference was approved by the 
Director of the Federal Register in accordance with 5 U.S.C. 552(a) 
and 1 CFR part 51. Copies may be obtained from Boeing Commercial 
Airplanes, Long Beach Division, 3855 Lakewood Boulevard, Long Beach, 
California 90846, Attention: Data and Service Management, Dept. C1-
L5A (D800-0024). Copies may be inspected at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or 
at the FAA, Los Angeles Aircraft Certification Office, 3960 
Paramount Boulevard, Lakewood, California; or at the Office of the 
Federal Register, 800 North Capitol Street, NW., suite 700, 
Washington, DC.

Effective Date

    (e) This amendment becomes effective on March 17, 2004.

    Issued in Renton, Washington, on January 30, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-2581 Filed 2-10-04; 8:45 am]
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