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CFR Citation: 14 CFR Part 39

Docket ID: [Docket No. FAA-2007-28282; Directorate Identifier 2007-NM-068-AD; Amendment 39-15169; AD 2007-17-11]

RIN ID: RIN 2120-AA64

NOTICE: RULES

ACTION: Airworthiness directives:

DOCUMENT ACTION: Final rule.

SUBJECT CATEGORY: Airworthiness Directives; McDonnell Douglas Model 717-200 Airplanes

DATES: This AD becomes effective October 2, 2007.

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of October 2, 2007.
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DOCUMENT SUMMARY: The FAA is adopting a new airworthiness directive (AD) for certain McDonnell Douglas Model 717200 airplanes. This AD requires installing inline fuel float switch fuses and wire protection at the left, right, and center forward spars. This AD results from a design review of the fuel tank systems conducted by the manufacturer. We are issuing this AD to prevent the potential for ignition sources inside fuel tanks caused by latent failures, alterations, repairs, or maintenance actions, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane.

SUMMARY: McDonnell Douglas,

SUPPLEMENTAL INFORMATION

You may examine the AD docket on the Internet at http://dms.dot.gov or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Operations office (telephone (800) 6475527) is located on the ground floor of the West Building at the DOT 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 717200 airplanes. That NPRM was published in the Federal Register on May 25, 2007 (72 FR 29278). That NPRM proposed to require installing inline fuel float switch fuses and wire protection at the left, right, and center forward spars.

Comments

We provided the public the opportunity to participate in the development of this AD. We have considered the comment received. The commenter, AirTran Airways, supports the NPRM.

Conclusion

We have carefully reviewed the available data, including the comment received, and determined that air safety and the public interest require adopting the AD as proposed.

Costs of Compliance

There are about 149 airplanes of the affected design in the worldwide fleet. The following table provides the estimated costs for U.S. operators to comply with this AD.
Estimated Costs Number of U.S.

Work hours Average labor Parts Cost per airplane registered Fleet cost rate per hour airplanes 5 $80 $509 $909 117 $106,353 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
Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39AIRWORTHINESS 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. The Federal Aviation Administration (FAA) amends Sec. 39.13 by adding the following new airworthiness directive (AD):
20071711 McDonnell Douglas: Amendment 3915169. Docket No. FAA 200728282; Directorate Identifier 2007NM068AD.
Effective Date
(a) This AD becomes effective October 2, 2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to McDonnell Douglas Model 717200
airplanes, certificated in any category, as identified in Boeing Service Bulletin 717280014, dated March 20, 2007.
Unsafe Condition
(d) This AD results from a design review of the fuel tank systems conducted by the manufacturer. We are issuing this AD to prevent the potential for ignition sources inside fuel tanks caused by latent failures, alterations, repairs, or maintenance actions, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane.
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.
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Fuse Installation
(f) Within 60 months after the effective date of this AD, install inline fuel level float switch fuses and wire protection at the left, right, and center forward spars, in accordance with the Accomplishment Instructions of Boeing Service Bulletin 717280014, dated March 20, 2007.
Alternative Methods of Compliance (AMOCs)
(g)(1) The Manager, Los Angeles Aircraft Certification Office, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.
(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
(h) You must use Boeing Service Bulletin 717280014, dated March 20, 2007, 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. C1L5A (D8000024), for a copy of this service information. You may review copies 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 2027416030, or go to: http://www.archives.gov/federalregister/cfr/ibrlocations.html .

Issued in Renton, Washington, on August 14, 2007. Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. E716423 Filed 82707; 8:45 am]
BILLING CODE 491013P

FOR FURTHER INFORMATION CONTACT Samuel S. Lee, Aerospace Engineer, Propulsion Branch, ANM140L, FAA, Los Angeles Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, California 907124137; telephone (562) 6275262; fax (562) 6275210.