[Federal Register Volume 73, Number 174 (Monday, September 8, 2008)]
[Rules and Regulations]
[Pages 51908-51910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19721]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0407; Directorate Identifier 2008-NM-002-AD; 
Amendment 39-15662; AD 2008-18-05]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model 717-200 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
McDonnell Douglas Model 717-200 airplanes. This AD requires inspecting 
the drive assembly of the aft elevator standby loop of the elevator 
standby cable system for interference between the clevis and bolt of 
the bellcrank assembly, correct orientation of the pull-pull cable 
clevis bolt, and excessive freeplay of the bellcrank assembly bearing, 
and corrective actions if necessary. This AD also requires modifying 
the pull-pull cable clevis in the drive assembly of the aft elevator 
standby loop for certain airplanes. This AD results from a report of an 
aborted takeoff due to a control column disconnect. We are issuing this 
AD to prevent binding of the bolt that connects the cable 264A clevis 
to the bellcrank assembly against the adjacent (upper) clevis of the 
pull-pull cable assembly. This binding condition could result in slow 
airplane rotation or a control column disconnect during takeoff and a 
runway excursion if takeoff must be aborted.

DATES: This AD is effective October 14, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 14, 
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: 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: 

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 April 7, 2008 (73 FR 18725). That 
NPRM proposed to require inspecting the drive assembly of the aft 
elevator standby loop for interference between the clevis and bolt of 
the bellcrank assembly, correct orientation of the pull-pull cable 
clevis bolt, and excessive freeplay of the bellcrank assembly bearing, 
and corrective actions if necessary. That NPRM also proposed to require 
modifying the pull-pull cable clevis in the drive assembly of the aft 
elevator standby loop for certain airplanes.

Comments

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

Request To Change Summary Section for Clarification

    Boeing asks that the second sentence of the Summary section in the 
NPRM, which describes what is to be inspected, be changed as follows: 
``This proposed AD would require inspecting the aft elevator standby 
loop drive assembly of the elevator standby cable system for 
interference between the clevis and bolt of this bellcrank assembly, 
correct orientation of the pull-pull cable clevis bolt, and excessive 
freeplay of the bellcrank assembly bearing, and corrective actions if 
necessary.'' Boeing states that this would more accurately describe the 
drive assembly being inspected since there are two drive assemblies in 
the elevator standby cable system.
    We agree that the description in the Summary section of the AD 
should be clarified. Therefore, we have changed the Summary section and 
all other

[[Page 51909]]

relevant sections in the AD to meet the commenter's intent.

Requests To Extend Compliance Time

    Midwest Airlines asks that the compliance time in the NPRM be 
changed to one of the following: ``Complete the inspection and 
modification within 27 months of the effective date of the AD,'' or 
``Complete the inspection and modification within 3,000 flight hours or 
27 months, whichever occurs later from the effective date of the AD.'' 
Midwest Airlines states that it currently has a utilization of 3,450 
flight hours per year, and if the compliance time is not changed, it 
would require compliance for all its airplanes in less than one year. 
Midwest Airlines also states that it checked some of its airplanes for 
the interference and none was found.
    Air Tran proposes that the inspection and clevis replacement 
specified in the NPRM be done concurrently at 27 months after the 
effective date of the AD, rather than the inspection being limited to 
3,000 flight hours. Air Tran states that since similar access is 
required for both the inspection and clevis replacement, it is more 
practical to accomplish the clevis replacement at the same time as the 
inspection. Twenty-seven months aligns with the Model 717 maintenance 
program heavy maintenance visits, but 3,000 flight hours does not.
    We agree to extend the compliance time for performing the 
inspection for the reasons provided by the commenters. We have 
determined that a compliance time of within 3,000 flight hours or 27 
months after the effective date of the AD, whichever occurs later, is 
appropriate and will ensure an acceptable level of safety. We have 
changed paragraph (f)(1) of this AD accordingly. The compliance time 
for doing the clevis modification specified in paragraph (f)(2) of this 
AD remains the same. Changing the compliance time for the inspection 
provides the opportunity to do the inspection and modification at the 
same time.

Request To Change Cost Section

    Midwest Airlines states that the work-hour estimate specified in 
the Costs of Compliance section of the NPRM is underestimated. Midwest 
Airlines notes that the NPRM specifies 1 work-hour for the inspection 
and the referenced service bulletin specifies 2.4 to 11.9 work hours. 
Midwest Airlines adds that the NPRM specifies 4 work-hours for the 
modification and the referenced service bulletin specifies 5.4 work-
hours. Midwest Airlines believes the service bulletin is more accurate 
than the NPRM.
    From this comment, we infer that Midwest Airlines would like us to 
increase the work-hour estimate given in the NPRM. We do not agree. The 
cost information below describes only the direct costs of the specific 
actions required by this AD. Based on the best data available, the 
manufacturer provided the number of work hours (1 for the inspection, 4 
for the modification) necessary to do the required actions, as 
specified in the service bulletin. We recognize that, in doing the 
actions required by an AD, operators might incur incidental costs in 
addition to the direct costs. The cost analysis in AD rulemaking 
actions, however, typically does not include incidental costs such as 
the time required to gain access and close up, time necessary for 
planning, or time necessitated by other administrative actions. Those 
incidental costs, which might vary significantly among operators, are 
almost impossible to calculate. We have made no change to 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 with the changes described previously. We also determined that 
these changes will not increase the economic burden on any operator or 
increase the scope of the AD.

Costs of Compliance

    We estimate that this AD will affect 123 airplanes of U.S. 
registry.
    It will take about 1 work-hour per product to do the inspection. 
The average labor rate is $80 per work-hour. Based on these figures, we 
estimate the cost of the inspection required by this AD to the U.S. 
operators to be $9,840, or $80 per product.
    It will take about 4 work-hours per product to do the modification. 
Required parts will cost about $163 per product. Based on these 
figures, we estimate the cost of the modification required by this AD 
to the U.S. operators to be $59,409, or $483 per product.

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:

2008-18-05 McDonnell Douglas: Amendment 39-15662. Docket No. FAA-
2008-0407; Directorate Identifier 2008-NM-002-AD.

[[Page 51910]]

Effective Date

    (a) This airworthiness directive (AD) is effective October 14, 
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 717-27A0039, dated December 6, 2007.

Unsafe Condition

    (d) This AD results from a report of an aborted takeoff due to a 
control column disconnect. We are issuing this AD to prevent binding 
of the bolt that connects the cable 264A clevis to the bellcrank 
assembly against the adjacent (upper) clevis of the pull-pull cable 
assembly. This binding condition could result in slow airplane 
rotation or a control column disconnect during takeoff and a runway 
excursion if takeoff must be aborted.

Compliance

    (e) Comply with this AD within the compliance times specified, 
unless already done.

Inspection/Corrective Actions

    (f) Do the applicable actions specified in paragraphs (f)(1) and 
(f)(2) of this AD at the time specified, in accordance with the 
Accomplishment Instructions of Boeing Alert Service Bulletin 717-
27A0039, dated December 6, 2007.
    (1) For all airplanes: Do a general visual inspection of the 
drive assembly of the aft elevator standby loop of the elevator 
standby cable system for interference between the clevis and bolt of 
the bellcrank assembly, correct orientation of the pull-pull cable 
clevis bolt, and excessive freeplay of the bellcrank assembly 
bearing. Do the inspection within 3,000 flight hours or 27 months 
after the effective date of this AD, whichever occurs later. Do all 
applicable corrective actions before further flight.
    (2) For airplanes identified in the service bulletin as Group 1, 
Configuration 1: Modify the pull-pull cable clevis in the drive 
assembly of the aft elevator standby loop of the elevator standby 
cable system. Do the modification at the applicable time specified 
in paragraph 1.E., ``Compliance,'' of the service bulletin; except, 
where the service bulletin specifies a compliance time after the 
date on the service bulletin, this AD requires compliance within the 
specified compliance time after the effective date of this AD.

Alternative Methods of Compliance (AMOCs)

    (g)(1) The Manager, Los Angeles Aircraft Certification Office 
(ACO), FAA, ATTN: David Rathfelder, Aerospace Engineer, Airframe 
Branch, ANM-120L, FAA, Los Angeles ACO, 3960 Paramount Boulevard, 
Lakewood, California 90712-4137; telephone (562) 627-5229; fax (562) 
627-5210; has the authority to approve AMOCs for this AD, if 
requested using 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

    (h) You must use Boeing Alert Service Bulletin 717-27A0039, 
dated December 6, 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 August 18, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-19721 Filed 9-5-08; 8:45 am]
BILLING CODE 4910-13-P