AD 2017-01-03

[Federal Register Volume 82, Number 24 (Tuesday, February 7, 2017)]
[Rules and Regulations]
[Pages 9495-9498]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2016-31962]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-6427; Directorate Identifier 2015-NM-200-AD; 
Amendment 39-18770; AD 2017-01-03]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are superseding Airworthiness Directive (AD) 2007-11-13 for 
all The Boeing Company Model 717-200 airplanes. AD 2007-11-13 required 
revising the Airworthiness Limitations Section (ALS) of the 
Instructions for Continued Airworthiness to incorporate new removal 
limits for certain components of the flap system and to reduce the 
inspection intervals for fatigue cracking of principal structural 
elements (PSE). This new AD requires revising the maintenance or 
inspection program, as applicable, to incorporate reduced intervals for 
the inspections for three PSEs and add nondestructive inspections 
(NDIs). This AD was prompted by a new Airworthiness Limitations 
Instruction (ALI) revision that incorporates NDI techniques and reduced 
repetitive inspection intervals for three PSEs. We are issuing this AD 
to address the unsafe condition on these products.

[[Page 9496]]


DATES: This AD is effective March 14, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 14, 
2017.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publications listed in this AD as of June 
29, 2007 (72 FR 29237, May 25, 2007).

ADDRESSES: For service information identified in this final rule, 
contact Boeing Commercial Airplanes, Attention: Contractual & Data 
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 
90740-5600; telephone 562-797-1717; Internet <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>. You may view this referenced service information 
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., 
Renton, WA. For information on the availability of this material at the 
FAA, call 425-227-1221. It is also available on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. FAA-2016-
6427.

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. FAA-2016-
6427; or in person at the Docket Management Facility between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this AD, the regulatory evaluation, any comments received, and 
other information. The address for the Docket Office (phone: 800-647-
5527) is Docket Management Facility, U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Eric Schrieber, Aerospace Engineer, 
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification 
Office (ACO), 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 
562-627-5348; fax: 562-627-5210; email: <a href="/cdn-cgi/l/email-protection#93f6e1faf0bde0f0fbe1faf6f1f6e1d3f5f2f2bdf4fce5"><span class="__cf_email__" data-cfemail="fd988f949ed38e9e958f94989f988fbd9b9c9cd39a928b">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to supersede AD 2007-11-13, Amendment 39-15070 (72 FR 29237, 
May 25, 2007) (``AD 2007-11-13''). AD 2007-11-13 applied to all The 
Boeing Company Model 717-200 airplanes. The NPRM published in the 
Federal Register on Wednesday, May 11, 2016 (81 FR 29196) (``the 
NPRM''). The NPRM was prompted by an ALI revision that incorporates NDI 
techniques and reduces repetitive inspection intervals for three PSEs. 
The NPRM proposed to require revising the maintenance or inspection 
program, as applicable, to incorporate reduced intervals for the 
inspections for three PSEs and add NDI techniques to the inspection 
process. We are issuing this AD to detect and correct fatigue cracking 
of certain PSEs, which could adversely affect the structural integrity 
of the airplane.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the NPRM and 
the FAA's response to each comment.

Support for the NPRM

    Boeing stated that it supports the NPRM.

Request To Change the Number of Airplanes Affected by This AD

    Delta Airlines (DAL) requested that we correct the number of 
airplanes listed in the Costs of Compliance section of the NPRM because 
there are not 572 The Boeing Company Model 717-200 airplanes in 
service.
    We agree. The number of The Boeing Company Model 717-200 airplanes 
was incorrect in the NPRM. We have changed the Costs of Compliance 
section of this final rule to state that this AD affects 110 airplanes 
of U.S. registry, and adjusted the cost information accordingly.

Request To Change Compliance Time for Reporting Requirement

    DAL requested that we change the compliance time for reporting PSE 
cracks to Boeing from immediately to within 10 days after the airplane 
is returned to service.
    We agree to clarify the reporting specified in the ALI document. 
The wording in the ALI under ``Reporting of Inspection Results'' 
states, ``Crack findings should be reported immediately to Boeing.'' 
This AD does not require reporting. However, reporting is recommended 
for research and tracking. We have not changed this AD in this regard.

Request To Delay Rule Until Updated ALI is Released

    DAL requested we delay issuance of the final rule until Boeing 
releases Revision 15 of the ALI. DAL stated that Revision 15 will 
include an increased threshold for certain wing PSEs. DAL asserts that 
the increased threshold will benefit operators and prevent applications 
for alternative methods of compliance (AMOCs).
    We agree. Since the NPRM was issued, we have reviewed Boeing 717-
200 ALI, Report MDC-96K9063, Revision 15, dated June 2016, which 
includes increased thresholds for 15 wing PSEs. We have revised 
paragraph (i) of this AD to refer to the revised service information. 
We have also added a new paragraph (k) to this AD to give credit for 
accomplishing the revision of the maintenance or inspection program 
before the effective date of this AD by incorporating Boeing 717-200 
ALI, Report MDC-96K9063, Revision 14, dated July 2015. We have 
redesignated subsequent paragraphs accordingly.

Request To Allow Specific AMOC

    DAL requested that we allow specific AMOCs approved for AD 2007-11-
13 for compliance with this AD. DAL stated that it is tracking more 
than 60 AMOCs for AD 2007-11-13 that involve repairs in certain PSE 
areas (PSE 53.30.02.07, 53.30.02.11, 53.30.02.13, 53.30.02.23, and 
55.53.02.03) or reduced life of landing gear parts. Without the 
allowance to use these AMOCs for this AD, DAL pointed out that it will 
need to work with Boeing on revised AMOC requests once this AD is 
issued.
    We agree with the commenter's request to allow certain AMOCs 
approved for AD 2007-11-13 for compliance with this AD. The intent of 
disallowing previously approved AMOCs to apply to this AD was because 
of the reduction of repetitive intervals for PSE 53.30.02.11, 
57.11.02.03, or 57.32.01.07. We will allow AMOCs approved for AD 2007-
11-13 as AMOCs for the corresponding requirements of this AD, provided 
they do not apply to PSE 53.30.02.11, 57.11.02.03, or 57.32.01.07. We 
have changed paragraph (l) of this AD accordingly.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this AD with the changes described previously, and minor editorial 
changes. We have determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

[[Page 9497]]

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing 717-200 ALI, Report MDC-96K9063, Revision 15, 
dated June 2016. The service information describes procedures for 
inspecting PSEs, and includes a change to reduce the interval 
inspections for three PSEs and adds NDI techniques to the inspection 
process. This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 110 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                    Action                                Labor cost                product         operators
----------------------------------------------------------------------------------------------------------------
Maintenance or inspection program revision...  1 work-hour x $85 per hour =                $85           $9,350
                                                $85.
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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),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

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 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 FAA amends Sec.  39.13 by removing Airworthiness Directive (AD) 
2007-11-13, Amendment 39-15070 (72 FR 29237, May 25, 2007), and adding 
the following new AD:

2017-01-03 The Boeing Company: Amendment 39-18770; Docket No. FAA-
2016-6427; Directorate Identifier 2015-NM-200-AD.

(a) Effective Date

    This AD is effective March 14, 2017.

(b) Affected ADs

    This AD replaces AD 2007-11-13, Amendment 39-15070 (72 FR 29237, 
May 25, 2007) (``AD 2007-11-13'').

(c) Applicability

    This AD applies to all The Boeing Company Model 717-200 
airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 51, Standard 
practices/structures.

(e) Unsafe Condition

    This AD was prompted by a new Airworthiness Limitations 
Instruction (ALI) revision that incorporates nondestructive 
inspection (NDI) techniques and reduced repetitive inspection 
intervals for three principal structural elements (PSEs). We are 
issuing this AD to detect and correct fatigue cracking of certain 
PSEs, which could adversely affect the structural integrity of the 
airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Retained Revision of the Airworthiness Limitations Section (ALS), 
With No Changes

    This paragraph restates the requirements of paragraph (h) of AD 
2007-11-13, with no changes. Within 180 days after June 29, 2007 
(the effective date of AD 2007-11-13): Revise the ALS of the 
Instructions for Continued Airworthiness, ALI in accordance with 
Boeing 717-200 ALI, Report MDC-96K9063, Revision 5, dated February 
2006.

(h) Retained Provision Regarding Alternative Actions and Intervals, 
With Revised Language

    This paragraph restates the requirements of paragraph (i) of AD 
2007-11-13, with revised language. Except as required by paragraph 
(i) of this AD: After the ALS has been revised as required by 
paragraph (g) of this AD, no alternative actions (e.g., inspections) 
or intervals may be used unless the actions or intervals are 
approved as an alternative method of compliance (AMOC) in accordance 
with the procedures specified in paragraph (l) of this AD.

(i) New Maintenance or Inspection Program Revision

    Within 180 days after the effective date of this AD: Revise the 
maintenance or inspection program, as applicable, to incorporate the 
information specified in Boeing 717-200 ALI, Report MDC-96K9063, 
Revision 15, dated June 2016. The initial compliance times for doing 
the actions specified in Boeing 717-200 ALI, Report MDC-96K9063, 
Revision 15, dated June 2016, are at the later of the times 
specified in paragraphs (i)(1) and (i)(2) of this AD. Compliance 
with this paragraph terminates the requirements of paragraph (g) of 
this AD.
    (1) Within the applicable compliance times specified in Boeing 
717-200 ALI, Report MDC-96K9063, Revision 15, dated June 2016.
    (2) Within 180 days after the effective date of this AD.

[[Page 9498]]

(j) New Provision Regarding No Alternative Actions or Intervals

    After the maintenance or inspection program has been revised as 
required by paragraph (i) of this AD, no alternative actions (e.g., 
inspections) or intervals may be used unless the actions or 
intervals are approved as an AMOC in accordance with the procedures 
specified in paragraph (l) of this AD.

(k) Credit for Previous Actions

    This paragraph provides credit for the revision required by 
paragraph (i) of this AD, if that action was performed before the 
effective date of this AD using Boeing 717-200 ALI, Report MDC-
96K9063, Revision 14, dated July 2015.

(l) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles Aircraft Certification Office 
(ACO), FAA, has the authority to approve AMOCs for this AD, if 
requested using the procedures found in 14 CFR 39.19. In accordance 
with 14 CFR 39.19, send your request to your principal inspector or 
local Flight Standards District Office, as appropriate. If sending 
information directly to the manager of the ACO, send it to the 
attention of the person identified in paragraph (m)(1) of this AD.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.
    (3) An AMOC that provides an acceptable level of safety may be 
used for any repair, modification, or alteration required by this AD 
if it is approved by the Boeing Commercial Airplanes Organization 
Designation Authorization (ODA) that has been authorized by the 
Manager, Los Angeles ACO, FAA, to make those findings. To be 
approved, the repair method, modification deviation, or alteration 
deviation must meet the certification basis of the airplane, and the 
approval must specifically refer to this AD.
    (4) AMOCs approved previously for AD 2007-11-13 are approved as 
AMOCs with this AD, provided the AMOCs do not apply to PSE 
53.30.02.11, 57.11.02.03, or 57.32.01.07.

(m) Related Information

    (1) For more information about this AD, contact Eric Schrieber, 
Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles ACO, 
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5348; fax: 562-627-5210; email: <a href="/cdn-cgi/l/email-protection#aacfd8c3c984d9c9c2d8c3cfc8cfd8eacccbcb84cdc5dc"><span class="__cf_email__" data-cfemail="781d0a111b560b1b100a111d1a1d0a381e1919561f170e">[email&#160;protected]</span></a>.
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (n)(5) and (n)(6) of this AD.

(n) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (3) The following service information was approved for IBR on 
March 14, 2017.
    (i) Boeing 717-200 Airworthiness Limitations Instructions (ALI), 
Report MDC-96K9063, Revision 15, dated June 2016.
    (ii) Reserved.
    (4) The following service information was approved for IBR on 
June 29, 2007 (72 FR 29237, May 25, 2007).
    (i) Boeing 717-200 Airworthiness Limitations Instructions, 
Report MDC-96K9063, Revision 5, dated February 2006.
    (ii) Reserved.
    (5) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Contractual & Data Services 
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone 562-797-1717; Internet <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>.
    (6) You may view this service information at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For 
information on the availability of this material at the FAA, call 
425-227-1221.
    (7) You may view this service information that is incorporated 
by reference 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: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued in Renton, Washington, on December 27, 2016.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-31962 Filed 2-6-17; 8:45 am]
 BILLING CODE 4910-13-P