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