[Federal Register: March 5, 2007 (Volume 72, Number 42)]
[Rules and Regulations]
[Page 9652-9655]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05mr07-2]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-26048; Directorate Identifier 2006-NM-191-AD;
Amendment 39-14967; AD 2007-05-06]
RIN 2120-AA64
Airworthiness Directives; McDonnell Douglas Model 717-200
Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain McDonnell Douglas Model 717-200 airplanes. This AD requires
replacing certain attaching hardware of the bulkhead nipple assemblies
of the left and right wing vent boxes with new electrical bonding
attaching hardware, doing resistance testing of the new electrical
bonds, and doing fuel leakage testing of the reworked nipple
assemblies. This AD results from fuel system reviews conducted by the
manufacturer. We are issuing this AD to provide a conductive path, from
the bulkhead nipple assemblies of the left and right wing vent boxes to
the airframe structure inside the wing fuel tanks, to dissipate high-
amperage lightning-induced currents, which might otherwise create an
ignition source for fuel vapors inside the wing
[[Page 9653]]
vent boxes and lead to an explosion of the fuel tanks.
DATES: This AD becomes effective April 9, 2007.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of April 9,
2007.
ADDRESSES: You may examine the AD docket on the Internet at http://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 the service
information identified in this AD.
FOR FURTHER INFORMATION CONTACT: Samuel Lee, Aerospace Engineer,
Propulsion Branch, ANM-140L, FAA, Los Angeles Aircraft Certification
Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137;
telephone (562) 627-5262; fax (562) 627-5210.
SUPPLEMENTARY INFORMATION:
Examining the Docket
You may examine the airworthiness directive (AD) docket on the
Internet at http://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 October 13, 2006 (71 FR 60446). That NPRM proposed to
require replacing certain attaching hardware of the bulkhead nipple
assemblies of the left and right wing vent boxes with new electrical
bonding attaching hardware, doing resistance testing of the new
electrical bonds, and doing fuel leakage testing of the reworked nipple
assemblies.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments received.
Request To Clarify Service Information Requirement
One commenter, Hawaiian Airlines, requests that we clarify what
service information is acceptable for compliance with the AD. The
commenter asserts that the NPRM states that the use of Boeing Service
Bulletin 717-28-0011, Revision 2, dated July 19, 2006, is acceptable
for compliance. However, the commenter states that, although Revision 2
of the service bulletin added a leakage test of the reworked nipple
assemblies, Revision 2 states that no further work is required.
Therefore, the commenter inquires whether compliance with earlier
revisions of the service information will be acceptable.
We agree that there may be some confusion here. Service Bulletin
717-28-0011, Revision 1, dated January 24, 2006; and Revision 2, dated
July 19, 2006; both state that no further work is required. However,
Revision 1 added a ``leak check,'' and Revision 2 states that a
``fueling capacity and leak check procedure'' has been added. In fact,
the fueling capacity and leak check procedure specified in Revision 2
combines the fuel leakage test from the original issue of the service
bulletin, dated April 16, 2004, and the leak check from Revision 1 into
a single step, Work Instruction 3.B.14., ``fuel leakage test.'' Work
Instruction 3.B.14. cites a different airplane maintenance manual (AMM)
chapter than the original issue or Revision 1 of the service bulletin
(AMM 28-11-00). Additionally, the remaining Work Instruction steps have
been renumbered. However, if an operator accomplished the actions
specified in the original issue or Revision 1 of the service bulletin
prior to the effective date of the AD, and no leakage of fuel has since
occurred in the subject areas, no additional work is required for
compliance with the corresponding requirements of the AD. We have
revised paragraph (g) of the AD to include the original issue of the
service bulletin.
Request for Clarification of Class `L' Reference
Another commenter, AirTran Airways, states that it supports the
NPRM, but expresses confusion regarding the term ``class `L' '' that
appears in Figure 1 of Boeing Service Bulletin 717-28-0011, Revision 2.
The commenter states that, although note (e) of Figure 1 specifies to:
``Do class `L' resistance test * * * '' and ``Refer to SWPM [standard
wiring practices manual] 20-50-01,'' Section 20-50-01 of the Boeing
SWPM does not identify a class `L,' but rather provides a maximum
direct current (DC) resistance and path for lightning protection. The
commenter therefore requests that we clarify the reference to class `L'
in the final rule.
We partially agree. It is true that note (e) of Figure 1 of the
service bulletin refers to a class `L' resistance test, while Section
20-50-01 of the Boeing SWPM no longer refers to class `L.' Class `L'
had to do with lightning protection, specified a maximum resistance of
0.0025 ohm, and appeared in earlier versions of the SWPM. However,
although the term ``class `L' '' no longer appears in the SWPM, note
(e) of Figure 1 of the service bulletin specifies the resistance test
retained in the SWPM, which states that the maximum resistance must not
exceed 2.5 milliohms (0.0025 ohm). We have determined that the term
``class `L' '' is not important in this context, and the directions of
note (e) of Figure 1 of the service bulletin are otherwise acceptable
as written; however, for clarity, we have added a note after paragraph
(f) of the AD concerning this issue.
Request To Revise Compliance Time
The same commenter notes that the compliance time in the NPRM does
not match that in the service bulletin. The commenter states that the
NPRM specifies a reduced compliance time of 78 months due to the nature
of the unsafe condition, and that this difference has been coordinated
with Boeing. The commenter suggests that the service bulletin should be
revised to match the compliance time required by the AD.
We do not agree. As stated in the NPRM, Boeing concurs with the
proposed compliance time. The compliance time is clearly stated in the
NPRM. Therefore, there is no safety-related purpose for revising the
service bulletin. Further, we do not have the authority to require
Boeing to revise the service bulletin to match the compliance time
required by this AD. Therefore, we do not find it necessary to pursue
any change to the service bulletin.
Request To Publish Incorporation by Reference (IBR) Documents on the
Docket Management System (DMS)
The Modification and Replacement Parts Association (MARPA) asserts
that IBR documents should be made available to the public by
publication in the DMS, keyed to the action that incorporates them.
MARPA therefore requests that such documents be published in the DMS
prior to release of the final rule.
[[Page 9654]]
We do not agree with this request. We are currently in the process
of reviewing issues surrounding the posting of service bulletins on the
DMS as part of an AD docket. Once we have thoroughly examined all
aspects of this issue and have made a final determination, we will
consider whether our current practice needs to be revised. No change to
the AD is necessary in this regard.
Request To Add FAA Statement of Intent
MARPA requests that, during the NPRM stage of AD rulemaking, the
FAA state its intent to IBR any relevant service information. MARPA
states that without such a statement in the NPRM, it is unclear whether
we will IBR the relevant service information in the final rule.
We do not concur with MARPA's request. When we reference certain
service information in a proposed AD, the public can assume we intend
to IBR that service information, as required by the Office of the
Federal Register. No change to the AD is necessary in regard to this
request.
Conclusion
We have carefully reviewed the available data, including the
comments received, and determined that air safety and the public
interest require adopting the AD with the change described previously.
We have determined that this change will neither increase the economic
burden on any operator nor increase the scope of the AD.
Costs of Compliance
There are about 138 airplanes of the affected design in the
worldwide fleet. This AD affects about 108 airplanes of U.S. registry.
The required actions take about 6 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
$51,840, or $480 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
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):
2007-05-06 McDonnell Douglas: Amendment 39-14967. Docket No. FAA-
2006-26048; Directorate Identifier 2006-NM-191-AD.
Effective Date
(a) This AD becomes effective April 9, 2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to McDonnell Douglas Model 717-200
airplanes, certificated in any category; as identified in Boeing
Service Bulletin 717-28-0011, Revision 2, dated July 19, 2006.
Unsafe Condition
(d) This AD results from fuel system reviews conducted by the
manufacturer. We are issuing this AD to provide a conductive path,
from the bulkhead nipple assemblies of the left and right wing vent
boxes to the airframe structure inside the wing fuel tanks, to
dissipate high-amperage lightning-induced currents, which might
otherwise create an ignition source for fuel vapors inside the wing
vent boxes and lead to an explosion of the fuel tanks.
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.
Installing Electrical Bonding, and Resistance and Fuel Leakage Testing
(f) Within 78 months after the effective date of this AD,
replace certain attaching hardware of the bulkhead nipple assemblies
of the left and right wing vent boxes with new electrical bonding
attaching hardware, do resistance testing of the new electrical
bonds, and do fuel leakage testing of the reworked nipple
assemblies; in accordance with the Accomplishment Instructions of
Boeing Service Bulletin 717-28-0011, Revision 2, dated July 19,
2006.
Note 1: Note (e) of Figure 1 of the service bulletin refers to a
class `L' resistance test. However, we have determined that the term
``class `L' '' is not important in this context and the directions
of note (e) of Figure 1 of the service bulletin are otherwise
acceptable as written.
Actions Accomplished According to Previous Issue of Service Bulletin
(g) Actions accomplished before the effective date of this AD in
accordance with Boeing Service Bulletin 717-28-0011, dated April 16,
2004; or Revision 1, dated January 24, 2006; are acceptable for
compliance with the corresponding actions specified in this AD.
Alternative Methods of Compliance (AMOCs)
(h)(1) The Manager, ANM-116, International Branch, Transport
Airplane Directorate, FAA, has the authority to approve AMOCs for
this AD, if requested in accordance with the procedures found in 14
CFR 39.19.
(2) Before using any AMOC approved in accordance with Sec.
39.19 on any airplane to which the AMOC applies, notify the
appropriate principal inspector in the FAA Flight Standards
Certificate Holding District Office.
[[Page 9655]]
Material Incorporated by Reference
(i) You must use Boeing Service Bulletin 717-28-0011, Revision
2, dated July 19, 2006, 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 FAA, Transport
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington
98057-3356; or at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html
.
Issued in Renton, Washington, on February 21, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-3560 Filed 3-2-07; 8:45 am]
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