[Federal Register Volume 67, Number 3 (Friday, January 4, 2002)]
[Proposed Rules]
[Pages 538-540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-204]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-244-AD]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model 717 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain McDonnell Douglas Model 
717 series airplanes. This proposal would require repetitive 
inspections for cracking of the spoiler hold-down actuator supports 
located on the left and right wing rear spars; adjustment of the 
spoiler hold-down actuators; and replacement of cracked spoiler hold-
down actuator supports with new supports. The proposal would also 
require replacement of all spoiler hold-down actuator supports, which 
terminates the repetitive inspections. This action is necessary to 
detect and correct as well as to prevent cracks in the spoiler hold-
down actuator supports, which could lead to reduced spoiler hold-down 
capability, resulting in loss of the back-up protection of the spoiler 
float hold-down and unavailability of monitoring for an uncommanded 
spoiler movement. This action is intended to address the identified 
unsafe condition.

DATES: Comments must be received by February 19, 2002.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-244-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
9-

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[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2001-NM-244-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    The service information referenced in the proposed rule 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). This information may 
be examined 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.

FOR FURTHER INFORMATION CONTACT: Maureen Moreland, Aerospace Engineer, 
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification 
Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137; 
telephone (562) 627-5238; fax (562) 627-5210.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications shall identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this action may be changed in 
light of the comments received.
    Submit comments using the following format:
     Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
     For each issue, state what specific change to the proposed 
AD is being requested.
     Include justification (e.g., reasons or data) for each 
request.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2001-NM-244-AD.'' The postcard will be date stamped 
and returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket Number 2001-NM-244-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The FAA has received a report indicating that four occurrences of 
cracks in the spoiler hold-down actuator supports had been observed by 
an operator of McDonnell Douglas Model 717 series airplanes. The 
cracks, which occurred on airplanes which had accumulated approximately 
2,800 total flight hours, were caused by high fatigue loads due to 
excessive deflection of the supports. If not detected and corrected or 
prevented, cracks in the spoiler hold-down actuator supports could lead 
to reduced spoiler hold-down capability, resulting in loss of the back-
up protection of the spoiler float hold-down and unavailability of 
monitoring for an uncommanded spoiler movement.

Explanation of Relevant Service Information

    The FAA has reviewed and approved Boeing Alert Service Bulletin 
717-57A0002, Revision 02, dated October 2, 2001, which describes 
procedures for repetitive visual inspections of the spoiler hold-down 
actuator supports located on the left and right wing rear spars for 
cracks and adjustment of the spoiler hold-down actuators. The service 
bulletin recommends that spoiler hold-down actuator supports, which are 
found to be cracked, be replaced with new supports within 500 flight 
hours of the inspection.
    The FAA has also reviewed and approved Boeing Service Bulletin 717-
57-0004, Revision 01, dated October 2, 2001, which describes procedures 
for replacement of the spoiler hold-down actuator supports, idler 
links, hinge pin, and attaching parts with new parts and for adjustment 
of the spoiler hold-down actuators. Accomplishment of the actions 
specified in the service bulletins is intended to adequately address 
the identified unsafe condition.

Explanation of Requirements of Proposed Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other products of this same type design, the 
proposed AD would require accomplishment of the actions specified in 
the service bulletins described previously.
    Operators should note that, while it is not the FAA's normal policy 
to allow flight with known cracks, the proposed rule would permit 
further flight with a cracked spoiler hold-down actuator support, 
provided that the spoiler hold-down actuators are adjusted prior to 
further flight and that the cracked spoiler hold-down actuator support 
is replaced within 500 flight hours after the inspection during which a 
crack was detected.

Cost Impact

    There are approximately 52 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 36 airplanes of U.S. registry 
would be affected by this proposed AD.
    It would take approximately 12 work hours per airplane to 
accomplish the proposed detailed visual inspection and adjustment of 
the spoiler hold-down actuator supports for cracks at an average labor 
rate of $60 per work hour. Based on these figures, the cost impact of 
the proposed inspection on U.S. operators is estimated to be $25,920, 
or $720 per airplane, per inspection cycle.
    It would take approximately 18 to 43 work hours per airplane to 
accomplish the proposed replacement of the spoiler hold-down actuator 
supports and associated parts at an average labor rate of $60 per work 
hour. The manufacturer has committed previously to its customers that 
it would bear the cost of replacement parts. As a result, the cost of 
those parts is not attributable to this proposed AD. Based on these 
figures, the cost impact of the proposed replacement on U.S. operators 
is estimated to be between $38,880 and $92,880, or between $1,080 and 
$2,580 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the proposed requirements 
of this AD action, and that no operator would accomplish those actions 
in the future if this proposed AD were not adopted. However, the FAA 
has been advised that manufacturer warranty remedies are available for 
labor costs associated with accomplishing the actions required by this 
proposed AD. Therefore, the

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future economic cost impact of this rule on U.S. operators may be less 
than the cost impact figure indicated above. 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.

Regulatory Impact

    The regulations proposed herein would 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 proposal would not have federalism implications 
under Executive Order 13132.
    For the reasons discussed above, I certify that this proposed 
regulation (1) is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under the DOT 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 
and (3) if promulgated, 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 copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
part 39 of the Federal Aviation Regulations (14 CFR part 39) as 
follows:

PART 39--AIRWORTHINESS 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. Section 39.13 is amended by adding the following new 
airworthiness directive:

McDonnell Douglas: Docket 2001-NM-244-AD.

    Applicability: Model 717 series airplanes, manufacturer's 
fuselage numbers 5002 through 5064 inclusive, and 5066 through 5073 
inclusive, certificated in any category.

    Note 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 (c) 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.

    Compliance: Required as indicated, unless accomplished 
previously.
    To detect and correct as well as to prevent cracks in the 
spoiler hold-down actuator supports, which could lead to reduced 
spoiler hold-down capability, resulting in loss of the back-up 
protection of the spoiler float hold-down and unavailability of 
monitoring for an uncommanded spoiler movement, accomplish the 
following:

Inspections

    (a) Prior to the accumulation of 1,500 total flight hours, or 
within 500 flight hours after the effective date of this AD, 
whichever occurs later: Perform a detailed visual inspection of the 
spoiler hold-down actuator supports on the left and right wing rear 
spar for cracks, in accordance with Boeing Alert Service Bulletin 
717-57A0002, Revision 02, dated October 2, 2001.

    Note 2: For the purposes of this AD, a detailed visual 
inspection is defined as: ``An intensive visual examination of a 
specific structural area, system, installation, or assembly to 
detect damage, failure, or irregularity. Available lighting is 
normally supplemented with a direct source of good lighting at 
intensity deemed appropriate by the inspector. Inspection aids such 
as mirror, magnifying lenses, etc., may be used. Surface cleaning 
and elaborate access procedures may be required.''


    Note 3: Inspections accomplished prior to the effective date of 
this AD in accordance with Boeing Alert Service Bulletin 717-
57A0002, Revision 01, dated February 28, 2001, are considered 
acceptable for compliance with the applicable action specified in 
this amendment.

    (1) If no crack is detected: Prior to further flight, adjust the 
spoiler hold-down actuators in accordance with the service bulletin. 
Repeat the detailed visual inspection at intervals not to exceed 500 
flight hours until the accomplishment of the requirements of 
paragraph (b) of this AD.
    (2) If any crack is detected: Prior to further flight, adjust 
the spoiler hold-down actuators in accordance with the service 
bulletin. Within 500 flight hours after accomplishment of the 
inspection, replace the cracked spoiler hold-down actuator 
supports(s) and associated idler link(s), hinge pins, and attaching 
parts with new parts and adjust the spoiler hold-down actuators, in 
accordance with Boeing Service Bulletin 717-57-0004, Revision 01, 
dated October 2, 2001. Replacement of a cracked spoiler hold-down 
actuator support as required herein constitutes terminating action 
for that actuator support for the requirements of this AD.

Terminating Action

    (b) Within 15 months after the effective date of this AD: 
Replace spoiler hold-down actuator supports, idler links, hinge pin, 
and attaching parts with new parts and adjust the spoiler hold-down 
actuators, in accordance with Boeing Service Bulletin 717-57-0004, 
Revision 01, dated October 2, 2001. Any spoiler hold-down actuator 
supports, idler links, hinge pin, or attaching parts which have 
previously been replaced in accordance with paragraph (a)(2) of this 
AD do not need to be replaced. Replacement of all spoiler hold-down 
actuators in accordance with Boeing Service Bulletin 717-57-0004, 
Revision 01, dated October 2, 2001, constitutes terminating action 
for the requirements of this AD.

    Note 4: Replacement of a spoiler hold-down actuator support 
accomplished prior to the effective date of this AD in accordance 
with Boeing Service Bulletin 717-57-0004, dated May 30, 2001, is 
considered acceptable for compliance with the applicable action 
specified in this amendment.

Alternative Methods of Compliance

    (c) 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.

    Note 5: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Los Angeles ACO.

Special Flight Permits

    (d) 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.

    Issued in Renton, Washington, on December 28, 2001.
Vi L. Lipski,
Manager, Transport Airplane Directorate,Aircraft Certification Service.
[FR Doc. 02-204 Filed 1-3-02; 8:45 am]
BILLING CODE 4910-13-P