AD 2007-17-11

The FAA is adopting a new airworthiness directive (AD) for certain McDonnell Douglas Model 717-200 airplanes. This AD requires installing in-line 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.

Final rule.

2007-17-11 McDonnell Douglas: Amendment 39-15169. Docket No. FAA- 2007-28282; Directorate Identifier 2007-NM-068-AD. \n\nEffective Date \n\n\t(a) This AD becomes effective October 2, 2007. \n\nAffected ADs \n\n\t(b) None. \n\nApplicability \n\n\t(c) This AD applies to McDonnell Douglas Model 717-200 airplanes, certificated in any category, as identified in Boeing Service Bulletin 717-28-0014, dated March 20, 2007. \n\nUnsafe Condition \n\n\t(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. \n\nCompliance \n\n\t(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. \n\nFuse Installation \n\n\t(f) Within 60 months after the effective date of this AD, install in-line 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 717-28-0014, dated March 20, 2007. \n\nAlternative Methods of Compliance (AMOCs) \n\n\t(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. \n\n\t(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. \n\nMaterial Incorporated by Reference \n\n\t(h) You must use Boeing Service Bulletin 717-28-0014, 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. 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; 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 .

Examining the Docket \n\n\tYou 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) 647-5527) is located on the ground floor of the West Building at the DOT street address stated in the ADDRESSES section. \n\nDiscussion \n\n\tThe 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 May 25, 2007 (72 FR 29278). That NPRM proposed to require installing in-line fuel float switch fuses and wire protection at the left, right, and center forward spars. \n\nComments \n\n\tWe provided the public the opportunity to participate in the development of this AD. We have considered the comment received. The commenter, AirTran Airways, supportsthe NPRM. \n\nConclusion \n\n\tWe 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. \n\nCosts of Compliance \n\n\tThere 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. \n\n\tEstimated Costs\n\n\nWork hours\nAverage labor rate per hour\nParts\nCost per airplane\nNumber of U.S.-registered airplanes\nFleet cost\n5\n$80\n$509\n$909\n117\n$106,353\n\nAuthority for This Rulemaking \n\n\tTitle 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. \n\n\tWe 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. \n\nRegulatory Findings \n\n\tWe 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. \n\n\tFor the reasons discussed above, I certify that this AD: \n\n\t(1) Is not a "significant regulatory action'' under Executive Order 12866; \n\n\t(2) Is not a "significant rule'' under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and \n\n\t(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. \n\n\tWe 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. \n\nList of Subjects in 14 CFR Part 39 \n\n\tAir transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. \n\nAdoption of the Amendment \n\nAccordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: \n\nPART 39--AIRWORTHINESS DIRECTIVES \n\n1. The authority citation for part 39 continues to read as follows: \n\n\tAuthority: 49 U.S.C. 106(g), 40113, 44701. \n\nSec. 39.13 (Amended) \n\n2. The Federal Aviation Administration (FAA) amends Sec. 39.13 by adding the following new airworthiness directive (AD):