Airworthiness Directives; McDonnell Douglas Model 717-200 Airplanes, 46076-46078 [05-15588]
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46076
Federal Register / Vol. 70, No. 152 / Tuesday, August 9, 2005 / Rules and Regulations
identity of the float switch can be
conclusively determined from that review.
(i) If a float switch other than an Ametek
Model F8300–146 float switch is installed:
Before further flight, install a liner system
inside the float switch electrical cable
conduit in the fuel tanks by doing all
applicable actions specified in the
Accomplishment Instructions of Boeing Alert
Service Bulletin 727–28A0127, dated August
26, 2004.
(ii) If any Ametek Model F8300–146 float
switch is installed: Before further flight,
replace it with a new switch and install a
liner system inside the float switch electrical
cable conduit in the fuel tanks, by doing all
applicable actions specified in the
Accomplishment Instructions of Boeing Alert
Service Bulletin 727–28A0127, dated August
26, 2004.
Note 1: Boeing Alert Service Bulletin 727–
28A0127 segregates the work into nine work
packages for the six fuel tank configurations
identified in the service bulletin. The work
packages do not have to be completed
sequentially. Each work package can be done
independently or simultaneously. However,
all work packages, as applicable for each fuel
tank configuration, must be done to complete
the requirements of this AD.
Parts Installation
(g) As of the effective date of this AD, no
person may install an Ametek Model F8300–
146 float switch in a fuel tank on any
airplane.
Alternative Methods of Compliance
(AMOCs)
(h) The Manager, Seattle Aircraft
Certification Office, FAA, has the authority to
approve AMOCs for this AD, if requested in
accordance with the procedures found in 14
CFR 39.19.
Material Incorporated by Reference
(i) You must use Boeing Alert Service
Bulletin 727–28A0127, dated August 26,
2004, to perform the actions that are required
by this AD, unless the AD specifies
otherwise. The Director of the Federal
Register approved the incorporation by
reference of this document in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51.
Contact Boeing Commercial Airplanes, P.O.
Box 3707, Seattle, Washington 98124–2207
for a copy of this service information. You
may review copies at the Docket Management
Facility, U.S. Department of Transportation,
400 Seventh Street SW., Room PL–401,
Nassif Building, Washington, DC; on the
internet at https://dms.dot.gov; or at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at the NARA,
call (202) 741–6030, or go to https://
www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
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Jkt 205001
Issued in Renton, Washington, on July 29,
2005.
Kevin M. Mullin,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 05–15587 Filed 8–8–05; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2005–20873; Directorate
Identifier 2005–NM–026–AD; Amendment
39–14213; AD 2005–16–08]
RIN 2120–AA64
Airworthiness Directives; McDonnell
Douglas Model 717–200 Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
SUMMARY: The FAA is adopting a new
airworthiness directive (AD) for certain
McDonnell Douglas Model 717–200
airplanes. This AD requires repetitively
replacing and testing a certain relay in
the passenger oxygen release system in
the forward cabin. This AD results from
reports of a failed relay in the passenger
oxygen release system. We are issuing
this AD to prevent failure of the relay,
which could result in the oxygen masks
failing to deploy and deliver oxygen to
the passengers in the event of a rapid
decompression or cabin
depressurization.
Effective September 13, 2005.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in the AD
as of September 13, 2005.
ADDRESSES: You may examine the AD
docket on the Internet at https://
dms.dot.gov or in person at the Docket
Management Facility, U.S. Department
of Transportation, 400 Seventh Street
SW., Nassif Building, Room PL–401,
Washington, DC.
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 service information
identified in this AD.
FOR FURTHER INFORMATION CONTACT:
Albert Lam, Aerospace Engineer, Cabin
Safety and Environmental Systems
Branch, ANM–150L, FAA, Los Angeles
Aircraft Certification Office, 3960
Paramount Boulevard, Lakewood,
DATES:
PO 00000
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California 90712–4137; telephone (562)
627–5346; fax (562) 627–5210.
SUPPLEMENTARY INFORMATION:
Examining the Docket
You may examine the AD docket on
the Internet at https://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 of the Nassif Building at the street
address stated in the ADDRESSES section.
Discussion
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to certain McDonnell Douglas
Model 717–200 airplanes. That NPRM
was published in the Federal Register
on April 6, 2005 (70 FR 17353). That
NPRM proposed to require repetitively
replacing and testing a certain relay in
the passenger oxygen release system in
the forward cabin.
Comments
We provided the public the
opportunity to participate in the
development of this AD. We have
considered the comments that have
been received on the proposed AD from
a single commenter, the airplane
manufacturer.
Request To Add Revised Service
Information
The commenter states that Revision 1
of Boeing Alert Service Bulletin 717–
35A0003 is scheduled to be released in
early July. The original issue of the
service bulletin was referenced in the
proposed AD as the appropriate source
of service information for accomplishing
the specified actions. The commenter
notes that Revision 1 provides
additional work instructions.
We infer that the commenter is asking
that Revision 1 of the referenced service
bulletin be added to the AD for
accomplishing the required actions. We
agree, and we have reviewed Boeing
Alert Service Bulletin 717–35A0003,
Revision 1, dated June 7, 2005. The
procedures in Revision 1 are essentially
the same as those in the original issue
of the service bulletin, and merely
clarify the work instructions to specify
removing electrical power before relay
replacement and to change the voltage
requirement of the relay test procedures
to allow for residual voltage.
Accordingly, we have revised the
service bulletin citation specified in the
applicability in paragraph (c) of this AD,
and for accomplishing the actions in
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Federal Register / Vol. 70, No. 152 / Tuesday, August 9, 2005 / Rules and Regulations
paragraph (f) of this AD, to refer to
Revision 1 of the service bulletin as the
appropriate source of service
information. We have also added a new
paragraph (g) (and re-identified
subsequent paragraphs accordingly) to
state that actions accomplished before
the effective date of this AD according
to the original issue of the service
bulletin are acceptable for compliance
with this AD.
Request To Clarify Certain Terminology
The commenter asks for clarification
of certain terminology in the Summary,
Discussion, and Relevant Service
Information sections of the proposed
AD, as well as the statement of the
unsafe condition. The commenter asks
that the terminology ‘‘a certain relay of
the passenger oxygen’’ be changed to ‘‘a
certain relay in the passenger oxygen’’
to clarify component location.
We acknowledge and agree with the
commenter’s remarks on the preamble
of the proposed AD; however, the
Discussion and Relevant Service
Information sections referred to are not
restated in the final rule. We have
changed the terminology identified by
the commenter in the SUMMARY section
and throughout the other relevant
sections specified in this AD.
The commenter also asks for the word
‘‘reply’’ to be changed to ‘‘relay’’ in
paragraph (a) of the proposed AD, but
we found no typographical error in the
NPRM that specifies the word ‘‘reply.’’
The commenter also asks that certain
terminology specified in the Costs of
Compliance section be changed. The
commenter asks that the word ‘‘initial’’
be added at the beginning of the
sentence ‘‘Required parts would be free
of charge’’ and before the word
replacement. The commenter also asks
that the term ‘‘per cycle’’ be deleted.
The commenter states that the operator
is responsible for additional
replacement relays, should the operator
not implement closing action in
accordance with paragraph 2.B.,
‘‘Industry Support Information’’ of the
referenced service bulletin. For
clarification, the requirements in this
AD do not provide for such closing
action.
We partially agree with the
commenter. Because the specified
actions are repetitive and could require
more than one replacement part, we
agree that only the initial parts
replacement would be free of charge.
The parts cost for any additional
replacement of the relay is $130. We
have changed the Costs of Compliance
section in this AD accordingly. We do
not agree to remove the term ‘‘per cycle’’
because the actions specified in this AD
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Jkt 205001
are repetitive and the cost estimated is
for each cycle.
Conclusion
We have carefully reviewed the
available data, including the comments
that have been received, and determined
that air safety and the public interest
require adopting the AD with the
changes described previously. We have
determined that these changes will
neither increase the economic burden
on any operator nor increase the scope
of the AD.
Interim Action
We consider this AD interim action.
The manufacturer is currently
developing a modification that will
address the unsafe condition identified
in this AD. Once this modification is
developed, approved, and available, we
may consider additional rulemaking.
Costs of Compliance
There are about 122 airplanes of the
affected design in the worldwide fleet.
This AD affects about 92 airplanes of
U.S. registry. The replacement and test
take about 2 work hours per airplane, at
an average labor rate of $65 per work
hour. Required parts for the initial
replacement are free of charge. Required
parts cost for additional replacements is
$130 per relay. Based on these figures,
the estimated cost of the initial
replacement and test for U.S. operators
is $130 per airplane. The estimated cost
of any additional replacement and test
is $260 per airplane, per cycle.
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 AD will
not have federalism implications under
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Fmt 4700
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46077
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.
We prepared a regulatory evaluation
of the estimated costs to comply with
this 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, Incorporation by reference,
Safety.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
I
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The Federal Aviation
Administration (FAA) amends § 39.13 by
adding the following new airworthiness
directive (AD):
I
2005–16–08 McDonnell Douglas:
Amendment 39–14213. Docket No.
FAA–2005–20873; Directorate Identifier
2005–NM–026–AD.
Effective Date
(a) This AD becomes effective September
13, 2005.
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 717–35A0003, Revision 1,
dated June 7, 2005.
Unsafe Condition
(d) This AD was prompted by reports of a
failed relay in the passenger oxygen release
system. We are issuing this AD to prevent
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09AUR1
46078
Federal Register / Vol. 70, No. 152 / Tuesday, August 9, 2005 / Rules and Regulations
failure of the relay, which could result in the
oxygen masks failing to deploy and deliver
oxygen to the passengers in the event of a
rapid decompression or cabin
depressurization.
Issued in Renton, Washington, on July 29,
2005.
Kevin M. Mullin,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 05–15588 Filed 8–8–05; 8:45 am]
Interested parties were invited to
participate in this rulemaking
proceeding by submitting written
comments on the proposals to the FAA.
No comments objecting to the proposal
were received.
(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.
BILLING CODE 4910–13–P
Repetitive Replacement and Test
Federal Aviation Administration
The Rule
This amendment to part 71 of the
Federal Aviation Regulations (14 CFR
Part 71) establishes Class D airspace at
Pascagoula, MS.
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to kept them operationally
current. It, therefore, (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)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that will only affect air
traffic procedures and air navigation, it
is certified that this rule will not have
a significant economic impact on a
substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
Compliance
(f) Replace the relay in the passenger
oxygen release system in the forward cabin
with a new relay and test for proper
operation by doing all the actions as
specified in the Accomplishment
Instructions of Boeing Alert Service Bulletin
717–35A0003, Revision 1, dated June 7,
2005; at the applicable time specified in
paragraph (f)(1) or (f)(2) of this AD. Repeat
the actions at intervals not to exceed 3,100
flight cycles.
(1) For Group 1 airplanes, as identified in
the service bulletin: Within 6 months after
the effective date of this AD.
(2) For Group 2 airplanes, as identified in
the service bulletin: Before the accumulation
of 3,100 total flight cycles, or within 6
months after the effective date of this AD,
whichever is later.
Credit for Previously Accomplished Actions
(g) Replacements and tests accomplished
before the effective date of this AD in
accordance with Boeing Alert Service
Bulletin 717–35A0003, dated November 19,
2004, are acceptable for compliance with
paragraph (f) of this AD.
Alternative Methods of Compliance
(AMOCs)
(h) The Manager, Los Angeles Aircraft
Certification Office, FAA, has the authority to
approve AMOCs for this AD, if requested in
accordance with the procedures found in 14
CFR 39.19.
Material Incorporated by Reference
(i) You must use Boeing Alert Service
Bulletin 717–35A0003, Revision 1, dated
June 7, 2005, to perform the actions that are
required by this AD, unless the AD specifies
otherwise. The Director of the Federal
Register approved the incorporation by
reference of this document in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51.
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 a copy of this service
information. You may review copies at the
Docket Management Facility, U.S.
Department of Transportation, 400 Seventh
Street SW., Room PL–401, Nassif Building,
Washington, DC; on the Internet at https://
dms.dot.gov; or at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at the NARA, call (202) 741–6030,
or go to https://www.archives.gov/
federal_register/code_of_federal_regulations/
ibr_locations.html.
VerDate jul<14>2003
15:06 Aug 08, 2005
Jkt 205001
DEPARTMENT OF TRANSPORTATION
14 CFR Part 71
[Docket No. FAA–2005–20895; Airspace
Docket No. 05–ASO–6]
Establishment of Class D Airspace;
Pascagoula, MS
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
SUMMARY: This action establishes Class
D airspace at Pascagoula, MS. A Federal
contract tower with a weather reporting
system is being constructed at the Trent
Lott International Airport. Therefore,
the airport will meet the criteria for
establishment of Class D airspace. Class
D surface area airspace is required when
the control tower is open to contain
existing Standard Instrument Approach
Procedures (SIAPs) and other
Instrument Flight Rules (IFR) operations
at the airport. This action will establish
Class D airspace extending upward from
the surface, to and including 2,500 feet
MSL, within a 4.1-mile radius of the
airport.
EFFECTIVE DATES:
0901 UTC, October 27,
2005.
FOR FURTHER INFORMATION CONTACT:
Mark D. Ward, Manager, Airspace and
Procedures Branch, Air Traffic Division,
Federal Aviation Administration, P.O.
Box 20636, Atlanta, Georgia 30320;
telephone (404) 305–5627.
SUPPLEMENTARY INFORMATION:
History
On April 27, 2005, the FAA proposed
to amend part 71 of the Federal Aviation
Regulations (14 CFR part 71) by
establishing Class D airspace at
Pascagoula, MS, (70 FR 21694). This
action provides adequate Class D
airspace for IFR operations at Trent Lott
International Airport. Designations for
Class D Airspace are published in
paragraph 5000 of FAA Order 7400.9M,
dated August 30, 2004, and effective
September 16, 2004, which is
incorporated by reference in 14 CFR
71.1. The Class D airspace designation
listed in this document will be
published subsequently in the Order.
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Fmt 4700
Sfmt 4700
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR Part 71 as follows:
I
PART 71—DESIGNATION OF CLASS A,
CLASS B, CLASS C, CLASS D AND
CLASS E AIRSPACE AREAS;
AIRWAYS; ROUTES; AND REPORTING
POINTS
1. The authority citation for 14 CFR
Part 71 continues to read as follows:
I
Authority: 49 U.S.C. 106(g); 40103, 40113,
40120; EO 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389; 14 CFR 11.69.
§ 71.1
[Amended]
2. The incorporation by reference in 14
CFR 71.1 of Federal Aviation
Administration Order 7400.9M,
Airspace Designations and Reporting
Points, dated August 30, 2004, and
effective September 16, 2004, is
amended as follows:
I
Paragraph 5000
Class D Airspace.
*
*
*
*
*
ASO MS D Pascagoula, MS [NEW]
Pascagoula, Trent Lott International Airport,
MS
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09AUR1
]]>Agencies
[Federal Register Volume 70, Number 152 (Tuesday, August 9, 2005)]
[Rules and Regulations]
[Pages 46076-46078]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-15588]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-20873; Directorate Identifier 2005-NM-026-AD;
Amendment 39-14213; AD 2005-16-08]
RIN 2120-AA64
Airworthiness Directives; McDonnell Douglas Model 717-200
Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain McDonnell Douglas Model 717-200 airplanes. This AD requires
repetitively replacing and testing a certain relay in the passenger
oxygen release system in the forward cabin. This AD results from
reports of a failed relay in the passenger oxygen release system. We
are issuing this AD to prevent failure of the relay, which could result
in the oxygen masks failing to deploy and deliver oxygen to the
passengers in the event of a rapid decompression or cabin
depressurization.
DATES: Effective September 13, 2005.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of September 13,
2005.
ADDRESSES: You may examine the AD docket on the Internet at https://
dms.dot.gov or in person at the Docket Management Facility, U.S.
Department of Transportation, 400 Seventh Street SW., Nassif Building,
Room PL-401, Washington, DC.
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 service information
identified in this AD.
FOR FURTHER INFORMATION CONTACT: Albert Lam, Aerospace Engineer, Cabin
Safety and Environmental Systems Branch, ANM-150L, FAA, Los Angeles
Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood,
California 90712-4137; telephone (562) 627-5346; fax (562) 627-5210.
SUPPLEMENTARY INFORMATION:
Examining the Docket
You may examine the AD docket on the Internet at https://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 of the Nassif Building at the street address stated in the
ADDRESSES section.
Discussion
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to include an AD that would apply to certain McDonnell
Douglas Model 717-200 airplanes. That NPRM was published in the Federal
Register on April 6, 2005 (70 FR 17353). That NPRM proposed to require
repetitively replacing and testing a certain relay in the passenger
oxygen release system in the forward cabin.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments that have been
received on the proposed AD from a single commenter, the airplane
manufacturer.
Request To Add Revised Service Information
The commenter states that Revision 1 of Boeing Alert Service
Bulletin 717-35A0003 is scheduled to be released in early July. The
original issue of the service bulletin was referenced in the proposed
AD as the appropriate source of service information for accomplishing
the specified actions. The commenter notes that Revision 1 provides
additional work instructions.
We infer that the commenter is asking that Revision 1 of the
referenced service bulletin be added to the AD for accomplishing the
required actions. We agree, and we have reviewed Boeing Alert Service
Bulletin 717-35A0003, Revision 1, dated June 7, 2005. The procedures in
Revision 1 are essentially the same as those in the original issue of
the service bulletin, and merely clarify the work instructions to
specify removing electrical power before relay replacement and to
change the voltage requirement of the relay test procedures to allow
for residual voltage. Accordingly, we have revised the service bulletin
citation specified in the applicability in paragraph (c) of this AD,
and for accomplishing the actions in
[[Page 46077]]
paragraph (f) of this AD, to refer to Revision 1 of the service
bulletin as the appropriate source of service information. We have also
added a new paragraph (g) (and re-identified subsequent paragraphs
accordingly) to state that actions accomplished before the effective
date of this AD according to the original issue of the service bulletin
are acceptable for compliance with this AD.
Request To Clarify Certain Terminology
The commenter asks for clarification of certain terminology in the
Summary, Discussion, and Relevant Service Information sections of the
proposed AD, as well as the statement of the unsafe condition. The
commenter asks that the terminology ``a certain relay of the passenger
oxygen'' be changed to ``a certain relay in the passenger oxygen'' to
clarify component location.
We acknowledge and agree with the commenter's remarks on the
preamble of the proposed AD; however, the Discussion and Relevant
Service Information sections referred to are not restated in the final
rule. We have changed the terminology identified by the commenter in
the SUMMARY section and throughout the other relevant sections
specified in this AD.
The commenter also asks for the word ``reply'' to be changed to
``relay'' in paragraph (a) of the proposed AD, but we found no
typographical error in the NPRM that specifies the word ``reply.''
The commenter also asks that certain terminology specified in the
Costs of Compliance section be changed. The commenter asks that the
word ``initial'' be added at the beginning of the sentence ``Required
parts would be free of charge'' and before the word replacement. The
commenter also asks that the term ``per cycle'' be deleted. The
commenter states that the operator is responsible for additional
replacement relays, should the operator not implement closing action in
accordance with paragraph 2.B., ``Industry Support Information'' of the
referenced service bulletin. For clarification, the requirements in
this AD do not provide for such closing action.
We partially agree with the commenter. Because the specified
actions are repetitive and could require more than one replacement
part, we agree that only the initial parts replacement would be free of
charge. The parts cost for any additional replacement of the relay is
$130. We have changed the Costs of Compliance section in this AD
accordingly. We do not agree to remove the term ``per cycle'' because
the actions specified in this AD are repetitive and the cost estimated
is for each cycle.
Conclusion
We have carefully reviewed the available data, including the
comments that have been received, and determined that air safety and
the public interest require adopting the AD with the changes described
previously. We have determined that these changes will neither increase
the economic burden on any operator nor increase the scope of the AD.
Interim Action
We consider this AD interim action. The manufacturer is currently
developing a modification that will address the unsafe condition
identified in this AD. Once this modification is developed, approved,
and available, we may consider additional rulemaking.
Costs of Compliance
There are about 122 airplanes of the affected design in the
worldwide fleet. This AD affects about 92 airplanes of U.S. registry.
The replacement and test take about 2 work hours per airplane, at an
average labor rate of $65 per work hour. Required parts for the initial
replacement are free of charge. Required parts cost for additional
replacements is $130 per relay. Based on these figures, the estimated
cost of the initial replacement and test for U.S. operators is $130 per
airplane. The estimated cost of any additional replacement and test is
$260 per airplane, per cycle.
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 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.
We prepared a regulatory evaluation of the estimated costs to
comply with this 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, 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 Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):
2005-16-08 McDonnell Douglas: Amendment 39-14213. Docket No. FAA-
2005-20873; Directorate Identifier 2005-NM-026-AD.
Effective Date
(a) This AD becomes effective September 13, 2005.
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 717-35A0003, Revision 1, dated June 7, 2005.
Unsafe Condition
(d) This AD was prompted by reports of a failed relay in the
passenger oxygen release system. We are issuing this AD to prevent
[[Page 46078]]
failure of the relay, which could result in the oxygen masks failing
to deploy and deliver oxygen to the passengers in the event of a
rapid decompression or cabin depressurization.
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.
Repetitive Replacement and Test
(f) Replace the relay in the passenger oxygen release system in
the forward cabin with a new relay and test for proper operation by
doing all the actions as specified in the Accomplishment
Instructions of Boeing Alert Service Bulletin 717-35A0003, Revision
1, dated June 7, 2005; at the applicable time specified in paragraph
(f)(1) or (f)(2) of this AD. Repeat the actions at intervals not to
exceed 3,100 flight cycles.
(1) For Group 1 airplanes, as identified in the service
bulletin: Within 6 months after the effective date of this AD.
(2) For Group 2 airplanes, as identified in the service
bulletin: Before the accumulation of 3,100 total flight cycles, or
within 6 months after the effective date of this AD, whichever is
later.
Credit for Previously Accomplished Actions
(g) Replacements and tests accomplished before the effective
date of this AD in accordance with Boeing Alert Service Bulletin
717-35A0003, dated November 19, 2004, are acceptable for compliance
with paragraph (f) of this AD.
Alternative Methods of Compliance (AMOCs)
(h) The Manager, Los Angeles Aircraft Certification Office, FAA,
has the authority to approve AMOCs for this AD, if requested in
accordance with the procedures found in 14 CFR 39.19.
Material Incorporated by Reference
(i) You must use Boeing Alert Service Bulletin 717-35A0003,
Revision 1, dated June 7, 2005, to perform the actions that are
required by this AD, unless the AD specifies otherwise. The Director
of the Federal Register approved the incorporation by reference of
this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
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 a copy of this
service information. You may review copies at the Docket Management
Facility, U.S. Department of Transportation, 400 Seventh Street SW.,
Room PL-401, Nassif Building, Washington, DC; on the Internet at
https://dms.dot.gov; or at the National Archives and Records
Administration (NARA). For information on the availability of this
material at the NARA, call (202) 741-6030, or go to https://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on July 29, 2005.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-15588 Filed 8-8-05; 8:45 am]
BILLING CODE 4910-13-P
