AD 2003-10-08

This amendment adopts a new airworthiness directive (AD), applicable to certain McDonnell Douglas Model 717-200 airplanes, that requires modification of the longeron-to-frame installation of the upper center fuselage. This action is necessary to prevent fatigue cracking of the longerons of the upper center fuselage, which could result in reduced structural integrity of the fuselage. This action is intended to address the identified unsafe condition.

Final rule.

2003-10-08 McDonnell Douglas: Amendment 39-13153. Docket 2001-NM- 245-AD. \n\n\tApplicability: Model 717-200 airplanes, manufacturer's fuselage numbers 5001 through 5056 inclusive; certificated in any category. \n\n\tNote 1: This AD applies to each airplane identified in the preceding applicability provision, regardless of whether it has been modified, altered, or repaired in the area subject to the requirements of this AD. For airplanes that have been modified, altered, or repaired so that the performance of the requirements of this AD is affected, the owner/operator must request approval for an alternative method of compliance in accordance with paragraph (b) of this AD. The request should include an assessment of the effect of the modification, alteration, or repair on the unsafe condition addressed by this AD; and, if the unsafe condition has not been eliminated, the request should include specific proposed actions to address it. \n\n\tCompliance: Required as indicated, unless accomplished previously. \n\n\tTo prevent fatigue cracking of the longerons of the upper center fuselage, which could result in reduced structural integrity of the fuselage, accomplish the following: \n\n\t(a) Before the accumulation of 30,000 total flight cycles, or within 10 years after the effective date of this AD, whichever is first: Modify the longeron-to-frame installation of the upper center fuselage between stations Y=655.000 and Y=813.000, at longerons L-5L to L-5R (includes fabrication of the angles and installation of support angles and doublers), per Boeing Service Bulletin 717-53- 0001, dated March 20, 2001, excluding Evaluation Form. \n\nAlternative Methods of Compliance \n\n\t(b) An alternative method of compliance or adjustment of the compliance time that provides an acceptable level of safety may be used if approved by the Manager, Los Angeles Aircraft Certification Office (ACO), FAA. Operators shall submit their requests through an appropriate FAA Principal Maintenance Inspector, who may add comments and then send it to the Manager, Los Angeles ACO. \n\n\tNote 2: Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the Los Angeles ACO. \n\nSpecial Flight Permit \n\n\t(c) Special flight permits may be issued in accordance with sections 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199) to operate the airplane to a location where the requirements of this AD can be accomplished. \n\nIncorporation by Reference \n\n\t(d) The actions shall be done in accordance with Boeing Service Bulletin 717-53-0001, dated March 20, 2001, excluding Evaluation Form. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies 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). Copies may be inspected 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; or at the Office of the Federal Register, 800 North Capitol Street, NW., Suite 700, Washington, DC. \n\nEffective Date \n\n\t(e) This amendment becomes effective on July 1, 2003.

A proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an airworthiness directive (AD) that is applicable to certain McDonnell Douglas Model 717-200 airplanes was published in the Federal Register on February 24, 2003 (68 FR 8558). That action proposed to require modification of the longeron-to-frame installation of the upper center fuselage. This action is necessary to prevent fatigue cracking of the longerons of the upper center fuselage, which could result in reduced structural integrity of the fuselage. \n\nOpportunity for Comment \n\n\tInterested persons have been afforded an opportunity to participate in the making of this amendment. No comments were submitted in response to the proposal or the FAA's determination of the cost to the public. \n\nConclusion \n\n\tThe FAA has determined that air safety and the public interest require the adoption of the rule as proposed. \n\nChanges to 14 CFR Part 39/Effect on the ADOn 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. However, for clarity and consistency in this final rule, we have retained the language of the NPRM regarding that material. \n\nCost Impact \n\n\tThere are approximately 56 airplanes of the affected design in the worldwide fleet. The FAA estimates that 38 airplanes of U.S. registry will be affected by this AD, that it will take approximately 108 work hours per airplane to accomplish the required actions, and that the average labor rate is $60 per work hour. The cost is minimal for required parts. Based on these figures, the cost impact of the AD on U.S. operators is estimated to be $246,240, or $6,480. \n\n\tThe cost impact figure discussed above is based on assumptions that no operator has yet accomplished any of the requirements of this AD action, and that no operator would accomplish those actions in the future if this 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. \n\nRegulatory Impact \n\n\tThe regulations adopted herein 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. Therefore, it is determined that this final rule does not have federalism implications under Executive Order 13132. \n\n\tFor the reasons discussed above, I certify that this action (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. A final evaluation has been prepared for this action and it is contained in the Rules Docket. A copy of it may be obtained from the Rules Docket at the location provided under the caption ADDRESSES. \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, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (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.§ 39.13 (Amended) \n\n2. Section 39.13 is amended by adding the following new airworthiness directive: