[Federal Register: September 18, 2003 (Volume 68, Number 181)]
[Proposed Rules]
[Page 54690-54691]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18se03-21]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2002-NM-213-AD]
RIN 2120-AA64
Airworthiness Directives; McDonnell Douglas Model 717-200
Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: This document proposes the adoption of a new airworthiness
directive (AD) that is applicable to certain McDonnell Douglas Model
717-200 airplanes. This proposal would require inspection of the
inboard ends of the outer skin panels of the horizontal stabilizer at
Station Xh=+/-7.234 for material defects, and corrective
action, if necessary. This action is necessary to detect material
defects in the inboard ends of the outer skin panels of the horizontal
stabilizer, which could lead to cracks and an associated loss of
strength in the attachments, and consequent reduced structural
integrity of the horizontal stabilizer. This action is intended to
address the identified unsafe condition.
DATES: Comments must be received by November 3, 2003.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2002-NM-213-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056. Comments may be inspected at this
location between 9 a.m. and 3 p.m., Monday through Friday, except
Federal holidays. Comments may be submitted via fax to (425) 227-1232.
Comments may also be sent via the Internet using the following address:
9-anm-nprmcomment@faa.gov. Comments sent via fax or the Internet must
contain ``Docket No. 2002-NM-213-AD'' in the subject line and need not
be submitted in triplicate. Comments sent via the Internet as attached
electronic files must be formatted in Microsoft Word 97 or 2000 or
ASCII text.
The service information referenced in the proposed rule may be
obtained from Boeing Commercial Aircraft Group, Long Beach Division,
3855 Lakewood Boulevard, Long Beach, California 90846, Attention: Data
and Service Management, Dept. C1-L5A (D800-0024). This information may
be examined at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington; or at the FAA, Los Angeles Aircraft
Certification Office, 3960 Paramount Boulevard, Lakewood, California.
FOR FURTHER INFORMATION CONTACT: Maureen Moreland, Aerospace Engineer,
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification
Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137;
telephone (562) 627-5238; fax (562) 627-5210.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to participate in the making of the
proposed rule by submitting such written data, views, or arguments as
they may desire. Communications shall identify the Rules Docket number
and be submitted in triplicate to the address specified above. All
communications received on or before the closing date for comments,
specified above, will be considered before taking action on the
proposed rule. The proposals contained in this action may be changed in
light of the comments received.
Submit comments using the following format:
[sbull] Organize comments issue-by-issue. For example, discuss a
request to change the compliance time and a request to change the
service bulletin reference as two separate issues.
[sbull] For each issue, state what specific change to the proposed
AD is being requested.
[sbull] Include justification (e.g., reasons or data) for each
request.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the proposed rule. All
comments submitted will be available, both before and after the closing
date for comments, in the Rules Docket for examination by interested
persons. A report summarizing each FAA-public contact concerned with
the substance of this proposal will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this action must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 2002-NM-213-AD.'' The postcard will be date stamped
and returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules
Docket No. 2002-NM-213-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
The FAA has received a report indicating that the manufacturer of
the horizontal stabilizer failed to ultrasonically inspect the inboard
ends of the outer skin panels of the horizontal stabilizer at Station
Xh=+/-7.234 for material defects during manufacture of certain
McDonnell Douglas 717-200 airplanes. Undetected defects in the material
in the inboard ends of the outer skin panels of the horizontal
stabilizer could lead to cracks and an associated loss of strength in
the attachments. Cracks in the inboard ends of the outer skin panels of
the horizontal stabilizer and an associated loss of strength in the
attachments could lead to reduced structural integrity of the
horizontal stabilizer.
Explanation of Relevant Service Information
The FAA has reviewed and approved Boeing Service Bulletin 717-55-
0005, dated June 27, 2002. The service bulletin describes procedures
for performing an ultrasonic inspection of the inboard ends of the
outer skin panels of the horizontal stabilizer at Station Xh=+/-7.234
for material defects, and for contacting Boeing for repair
instructions. Accomplishment of the actions specified in the service
bulletin is intended to adequately address the identified unsafe
condition.
Explanation of Requirements of Proposed Rule
Since an unsafe condition has been identified that is likely to
exist or develop on other products of this same type design, the
proposed AD would require accomplishment of the actions specified in
the service bulletin described previously, except as discussed below.
Differences Between Proposed Rule and Service Bulletin
Although the service bulletin specifies that operators may contact
the manufacturer for disposition of certain defect conditions, this
proposed AD would require operators to repair those conditions per a
method approved by
[[Page 54691]]
the FAA, or per data meeting the type certification basis of the
airplane approved by a Boeing Company Designated Engineering
Representative who has been authorized by the Manager, Los Angeles
Aircraft Certification Office, to make such findings.
Operators should note that, although the service bulletin does not
list a grace period in the compliance times, this proposed AD adds a
grace period to the compliance times. The FAA finds that such a grace
period will keep airplanes from being grounded unnecessarily.
Changes to 14 CFR Part 39/Effect on the Proposed AD
On July 10, 2002, the FAA issued a new version of 14 CFR part 39
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness
directives system. The regulation now includes material that relates to
altered products, special flight permits, and alternative methods of
compliance (AMOCs). Because we have now included this material in part
39, only the office authorized to approve AMOCs is identified in each
individual AD.
Change to Labor Rate Estimate
We have reviewed the figures we have used over the past several
years to calculate AD costs to operators. To account for various
inflationary costs in the airline industry, we find it necessary to
increase the labor rate used in these calculations from $60 per work
hour to $65 per work hour. The cost impact information, below, reflects
this increase in the specified hourly labor rate.
Cost Impact
There are approximately 56 airplanes of the affected design in the
worldwide fleet. The FAA estimates that 41 airplanes of U.S. registry
would be affected by this proposed AD, that it would take approximately
4 work hours per airplane to accomplish the proposed inspection, and
that the average labor rate is $65 per work hour. Based on these
figures, the cost impact of the proposed AD on U.S. operators is
estimated to be $10,660, or $260 per airplane.
The cost impact figures discussed above are based on assumptions
that no operator has yet accomplished any of the proposed requirements
of this AD action, and that no operator would accomplish those actions
in the future if this proposed AD were not adopted. The cost impact
figures discussed in AD rulemaking actions represent only the time
necessary to perform the specific actions actually required by the AD.
These figures typically do not include incidental costs, such as the
time required to gain access and close up, planning time, or time
necessitated by other administrative actions. Manufacturer warranty
remedies may be available for labor costs associated with this proposed
AD. As a result, the costs attributable to the proposed AD may be less
than stated above.
Regulatory Impact
The regulations proposed herein would not have a substantial direct
effect on the States, on the relationship between the national
Government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, it
is determined that this proposal would not have federalism implications
under Executive Order 13132.
For the reasons discussed above, I certify that this proposed
regulation (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under the DOT
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);
and (3) if promulgated, 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. A copy of the draft
regulatory evaluation prepared for this action is contained in the
Rules Docket. A copy of it may be obtained by contacting the Rules
Docket at the location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend
part 39 of the Federal Aviation Regulations (14 CFR part 39) as
follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
McDonnell Douglas: Docket 2002-NM-213-AD.
Applicability: Model 717-200 airplanes, as listed in Boeing
Service Bulletin 717-55-0005, dated June 27, 2002; certificated in
any category.
Compliance: Required as indicated, unless accomplished
previously.
To detect material defects in the inboard ends of the outer skin
panels of the horizontal stabilizer at Station Xh=+/-7.234, which
could lead to cracks and an associated loss of strength in the
attachments, and consequent reduced structural integrity of the
horizontal stabilizer, accomplish the following:
Inspection
(a) Prior to the accumulation of 10,000 total flight cycles, or
within 15 months after the effective date of this AD, whichever
occurs later, do an ultrasonic inspection of the inboard ends of the
outer skin panels of the horizontal stabilizer at Station Xh=+/-
7.234 for material defects, per the Accomplishment Instructions of
Boeing Service Bulletin 717-55-0005, dated June 27, 2002.
Corrective Action
(b) If any defects are found during the inspection required by
paragraph (a) of this AD, and the service bulletin specifies
contacting Boeing for appropriate action: Before further flight,
repair per a method approved by the Manager, Los Angeles Aircraft
Certification Office (ACO), FAA; or per data meeting the type
certification basis of the airplane approved by a Boeing Company
Designated Engineering Representative who has been authorized by the
Manager, Los Angeles ACO, to make such findings. For a repair method
to be approved, as required by this paragraph, the approval letter
must specifically refer to this AD.
Alternative Methods of Compliance
(c) In accordance with 14 CFR 39.19, the Manager, Los Angeles
ACO, FAA, is authorized to approve alternative methods of compliance
for this AD.
Issued in Renton, Washington, on September 12, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 03-23833 Filed 9-17-03; 8:45 am]
BILLING CODE 4910-13-P