Airworthiness Directives; McDonnell Douglas Model 717-200 Airplanes, 30743-30745 [E8-11721]

Download as PDF Federal Register / Vol. 73, No. 104 / Thursday, May 29, 2008 / Rules and Regulations pwalker on PROD1PC71 with RULES Revision of Airworthiness Limitations (AWLs) Section (g) Before December 16, 2008, revise the AWLs section of the Instructions for Continued Airworthiness (ICA) by incorporating the information in the subsections specified in paragraphs (g)(1) and (g)(2) of this AD; except that the initial inspections specified in paragraph (h) of this AD must be done at the compliance times specified in paragraph (h) of this AD. (1) Subsection D, ‘‘AIRWORTHINESS LIMITATIONS—SYSTEMS,’’ of Revision February 2008 of the MPD. (2) Subsection E, ‘‘PAGE FORMAT: FUEL SYSTEMS AIRWORTHINESS LIMITATIONS,’’ AWLs No. 28–AWL–01 through No. 28–AWL–20 inclusive, of Revision February 2008 of the MPD. As an optional action, AWLs No. 28–AWL–21 through No. 28–AWL–26 inclusive, as identified in Subsection E of Revision February 2008 of the MPD, also may be incorporated into the AWLs section of the ICA. Initial Inspections and Repair (h) Do the inspections required by paragraphs (h)(1) and (h)(2) of this AD at the compliance times specified in paragraphs (h)(1) and (h)(2), in accordance with the applicable AWLs described in Subsection E of Revision February 2008 of the MPD. If any discrepancy is found during these inspections, repair the discrepancy before further flight in accordance with Revision February 2008 of the MPD. (1) At the later of the times specified in paragraphs (h)(1)(i) and (h)(1)(ii) of this AD, do a detailed inspection of external wires over the center fuel tank for damaged clamps, wire chafing, and wire bundles in contact with the surface of the center fuel tank, and repair any discrepancy, in accordance with AWL No. 28–AWL–01. Accomplishing AWL No. 28–AWL–01 as part of an FAA-approved maintenance program before the applicable compliance time specified in paragraph (h)(1)(i) or (h)(1)(ii) of this AD constitutes compliance with the requirements of this paragraph. (i) Before the accumulation of 16,000 total flight cycles, or within 3,000 days since the date of issuance of the original standard airworthiness certificate or the date of issuance of the original export certificate of airworthiness, whichever occurs first. (ii) Within 72 months after the effective date of this AD. Note 3: For the purposes of this AD, a detailed inspection is: ‘‘An intensive examination of a specific item, installation, or assembly to detect damage, failure, or irregularity. Available lighting is normally supplemented with a direct source of good lighting at an intensity deemed appropriate. Inspection aids such as mirror, magnifying lenses, etc., may be necessary. Surface cleaning and elaborate procedures may be required.’’ (2) At the later of the times specified in paragraphs (h)(2)(i) and (h)(2)(ii) of this AD, do a special detailed inspection (resistance test) of the lightning shield-to-ground termination of the out tank wiring of the fuel quantity indicating system (FQIS) and, as VerDate Aug<31>2005 17:07 May 28, 2008 Jkt 214001 applicable, repair (restore) the bond to ensure the shield-to-ground termination meets specified resistance values, in accordance with AWL No. 28–AWL–03. Accomplishing AWL No. 28–AWL–03 as part of an FAAapproved maintenance program before the applicable compliance time specified in paragraph (h)(2)(i) or (h)(2)(ii) of this AD constitutes compliance with the requirements of this paragraph. (i) Before the accumulation of 16,000 total flight cycles, or within 3,000 days since the date of issuance of the original standard airworthiness certificate or the date of issuance of the original export certificate of airworthiness, whichever occurs first. (ii) Within 24 months after the effective date of this AD. Note 4: For the purposes of this AD, a special detailed inspection is: ‘‘An intensive examination of a specific item, installation, or assembly to detect damage, failure, or irregularity. The examination is likely to make extensive use of specialized inspection techniques and/or equipment. Intricate cleaning and substantial access or disassembly procedure may be required.’’ No Alternative Inspections, Inspection Intervals, or Critical Design Configuration Control Limitations (CDCCLs) (i) After accomplishing the actions specified in paragraphs (g) and (h) of this AD, no alternative inspections, inspection intervals, or CDCCLs may be used unless the inspections, intervals, or CDCCLs are part of a later revision of Revision February 2008 of the MPD that is approved by the Manager, Seattle Aircraft Certification Office (ACO); or unless the inspections, intervals, or CDCCLs are approved as an AMOC in accordance with the procedures specified in paragraph (k) of this AD. Credit for Actions Done According to Previous Revisions of the MPD (j) Actions done before the effective date of this AD in accordance with Section 9 of the Boeing 777 MPD Document, D622W001–9, Revision October 2007; or Revision December 2007; are acceptable for compliance with the corresponding requirements of paragraphs (g) and (h) of this AD. Alternative Methods of Compliance (AMOCs) (k)(1) The Manager, Seattle ACO, FAA, ATTN: Margaret Langsted, Aerospace Engineer, Propulsion Branch, ANM–140S, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 917–6500; fax (425) 917–6590; 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 (l) You must use Boeing Temporary Revision (TR) 09–014, dated December 2007, PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 30743 to the Boeing 777 Maintenance Planning Document (MPD) Document, D622W001–9, to do the actions required by this AD, unless the AD specifies otherwise. Boeing TR 09– 014 is published as Section 9 of the Boeing 777 Maintenance Planning Document (MPD) Document, D622W001–9, Revision February 2008. (The List of Effective Pages for Section 9 of Boeing 777 Maintenance Planning Document (MPD) Document, D622W001–9, Revision February 2008, contains numerous errors. However, the revision/date identified on the individual pages of the document are correct.) (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, P.O. Box 3707, Seattle, Washington 98124–2207. (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: https://www.archives. gov/federal_register/code_of_federal _regulations/ibr_locations.html. Issued in Renton, Washington, on May 14, 2008. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8–11467 Filed 5–28–08; 8:45 am] BILLING CODE 4910–13–P 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 Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: 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 E:\FR\FM\29MYR1.SGM 29MYR1 30744 Federal Register / Vol. 73, No. 104 / Thursday, May 29, 2008 / Rules and Regulations 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). pwalker on PROD1PC71 with RULES Examining the AD Docket You may examine the AD docket on the Internet at https:// 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 VerDate Aug<31>2005 17:07 May 28, 2008 Jkt 214001 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. PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 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 E:\FR\FM\29MYR1.SGM 29MYR1 Federal Register / Vol. 73, No. 104 / Thursday, May 29, 2008 / Rules and Regulations 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. 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 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. 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. pwalker on PROD1PC71 with RULES 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. VerDate Aug<31>2005 17:07 May 28, 2008 Jkt 214001 § 39.13 2. The FAA amends § 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 Frm 00019 Fmt 4700 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) [Amended] I PO 00000 30745 Sfmt 4700 (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: https:// 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 E:\FR\FM\29MYR1.SGM 29MYR1

Agencies

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


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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 https://
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: https://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
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