[Federal Register Volume 72, Number 37 (Monday, February 26, 2007)]
[Proposed Rules]
[Pages 8303-8305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-3170]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27338; Directorate Identifier 2006-NM-148-AD]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model 717-200 
Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede an existing airworthiness 
directive (AD) that applies to all McDonnell Douglas Model 717-200 
airplanes. The existing 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 proposed AD would require revising the ALS of the Instructions for 
Continued Airworthiness to incorporate reduced initial inspection and 
repeat inspection intervals for certain PSEs. This proposed AD results 
from a revised damage tolerance analysis. We are proposing this AD to 
detect and correct fatigue cracking of certain PSEs, which could 
adversely affect the structural integrity of the airplane.

DATES: We must receive comments on this proposed AD by April 12, 2007.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
    <bullet> DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
    <bullet> Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
    <bullet> Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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 the service 
information identified in this proposed 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:

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed in the ADDRESSES section. Include the docket number ``FAA-2007-
27338; Directorate Identifier 2006-NM-148-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will 
consider all comments received by the closing date and may amend the 
proposed AD in light of those comments.
    We will post all comments we receive, 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 proposed AD. 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 may 
can visit http://dms.dot.gov.

Examining the Docket

    You may examine the AD docket on the Internet at http://dms.dot.gov, or in

[[Page 8304]]

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

Discussion

    On August 11, 2003, we issued AD 2003-17-01, amendment 39-13274 (68 
FR 49686, August 19, 2003), for all McDonnell Douglas Model 717-200 
airplanes. That AD requires revising the Airworthiness Limitations 
Section of the Instructions for Continued Airworthiness, Airworthiness 
Limitations Instructions (ALI), 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 AD resulted from a revised damage tolerance 
analysis. We issued that AD to detect and correct fatigue cracking of 
certain PSEs, which could adversely affect the structural integrity of 
the airplane.

Actions Since Existing AD Was Issued

    Since we issued AD 2003-17-01, Boeing has made a further damage 
tolerance analysis of certain PSEs on Model 717-200 airplanes. The 
analysis was repeated to divide one larger PSE into several smaller 
PSEs and to include new inspection procedures. The damage tolerance 
analysis resulted in a reduction to the inspection initial and repeat 
intervals of some PSEs and an increase to intervals for other PSEs.
    The actions specified by the proposed AD are intended to detect 
fatigue cracking of certain PSEs. Fatigue cracking, if not detected and 
corrected, could adversely affect the structural integrity of the 
airplane.

Relevant Service Information

    We have reviewed Boeing 717-200 Airworthiness Limitations 
Instructions (ALI), Report MDC-96K9063, Revision 5, dated February 
2006. Among other things, Revision 5 of the ALI revises intervals for 
initial and repeat inspections for fatigue cracking of certain PSEs. 
Additionally, Revision 5 updates certain portions of the non-
destructive inspection (NDI) techniques and procedures, and corrects 
some typographical errors that appeared in an earlier revision. 
Accomplishment of the actions specified in the service information is 
intended to adequately address the identified unsafe condition.

FAA's Determination and Requirements of the Proposed AD

    We have evaluated all pertinent information and identified an 
unsafe condition that is likely to develop on other airplanes of the 
same type design. For this reason, we are proposing this AD, which 
would supersede AD 2003-17-01. This proposed AD would retain the 
requirements of AD 2003-17-01. This proposed AD would also require 
operators to incorporate the Boeing 717-200 ALI, Report MDC-96K9063, 
Revision 5, dated February 2006, into the applicable maintenance and 
inspection program.

Change to Existing AD

    This proposed AD would retain the requirements of AD 2003-17-01. 
Since AD 2003-17-01 was issued, the AD format has been revised, and 
certain paragraphs have been rearranged. As a result, paragraphs (a) 
and (b) of AD 2003-17-01 have been re-identified as paragraphs (f) and 
(g) of this proposed 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 
proposed 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 proposed AD would affect about 121 airplanes of 
U.S. registry. The new proposed maintenance and inspection program 
revision would take 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 proposed 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.
    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 proposed 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, 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 
removing amendment 39-13274 (68 FR 49686, August 19, 2003) and adding 
the following new airworthiness directive (AD):

McDonnell Douglas: Docket No. FAA-2007-27338; Directorate Identifier 
2006-NM-148-AD.

[[Page 8305]]

Comments Due Date

    (a) The FAA must receive comments on this AD action by April 12, 
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 
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 Number 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 ACO, 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) 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 February 16, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-3170 Filed 2-23-07; 8:45 am]
BILLING CODE 4910-13-P