[Federal Register Volume 67, Number 134 (Friday, July 12, 2002)]
[Rules and Regulations]
[Pages 46096-46098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17299]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-244-AD; Amendment 39-12816; AD 2002-14-16]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model 717-200 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain McDonnell Douglas Model 717-200 airplanes, that 
requires 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, improved 
supports. This AD also requires replacement of all spoiler hold-down 
actuator supports with new, improved supports, which terminates the 
repetitive inspections. The actions specified by this AD are intended 
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.

DATES: Effective August 16, 2002.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of August 16, 2002.

ADDRESSES: The service information referenced in this AD 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 Federal Aviation Administration (FAA), Transport 
Airplane Directorate, Rules Docket, 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.

FOR FURTHER INFORMATION CONTACT: Technical Information: 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.
    Other Information: Judy Golder, Airworthiness Directive Technical 
Editor/Writer; telephone (425) 687-4241; fax (425) 227-1232. Questions 
or comments may also be sent via the Internet using the following 
address: [email protected]. Questions or comments sent via the 
Internet as attached electronic files must be formatted in Microsoft 
Word 97 for Windows or ASCI text,

SUPPLEMENTARY INFORMATION: 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 series airplanes was published in the Federal Register on January 
4, 2002 (67 FR 538). That action proposed to 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, improved supports. That action also 
proposed to require replacement of all spoiler hold-down actuator 
supports with new, improved supports which terminates the repetitive 
inspections.

Explanation of Change to Applicability

    The FAA has revised the applicability of the existing AD to 
identify the model designation as published in the most recent type 
certificate data sheet for the affected models.

Explanation of Changes to Paragraph (a) of this AD

    Paragraph (a) of the proposed rule pertains to both initial and 
repetitive inspections of the spoiler hold-down actuator supports. For 
purposes of clarity, this AD has been revised to specify requirements 
for the initial inspection in paragraph (a) of this AD and those for 
repetitive inspections in paragraph (b) of this AD.
    In addition, the FAA has changed all reference to a ``detailed 
visual inspection'' to a ``detailed inspection'' in this final rule.

Explanation of Changes to Notes 3 and 4

    Information pertaining to 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, has been 
removed from Note 3 of the proposed rule and incorporated into 
paragraph (c) of this AD to clarify the compliance time for performing 
the next repetitive inspection.
    Information pertaining to 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, has been removed from Note 4 of the proposed rule and 
incorporated into paragraph (d) of this AD to clarify that the 
replacement constitutes terminating action for the particular actuator 
support.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Request To Extend Compliance Time for Terminating Action

    Two commenters request that the compliance time for terminating 
action be extended from 15 months to 60 months after the effective date 
of the AD. The commenters suggest that the proposed repetitive 
inspections at intervals of 500 flight hours will ensure airworthiness 
until the 60-month time limit is reached.
    The FAA does not concur. The 15-month compliance period was based 
upon study of the consequences of failure of the spoiler hold-down 
actuator supports and associated parts, the availability of replacement 
parts, typical maintenance intervals, and the work

[[Page 46097]]

hours required to accomplish terminating action. In addition, the 
manufacturer of the airplane recommended a 15-month period for 
replacement of the specified parts. The FAA finds that a compliance 
time which does not exceed 15 months is necessary to ensure continued 
operational safety of these airplanes. However, paragraph (e) of this 
final rule does provide affected operators the opportunity to apply for 
an adjustment of the compliance time if data are presented to justify 
such an adjustment. Accordingly, no change has been made to the 
proposed rule in this regard.

Conclusion

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the changes described 
previously. We have determined that these changes will neither increase 
the economic burden on any operator nor increase the scope of the AD.

Cost Impact

    There are approximately 52 McDonnell Douglas Model 717 series 
airplanes of the affected design in the worldwide fleet. The FAA 
estimates that 36 airplanes of U.S. registry will be affected by this 
AD.
    It will take approximately 12 work hours per airplane to accomplish 
the required detailed inspection for cracks and the adjustment of the 
spoiler hold-down actuator supports at an average labor rate of $60 per 
work hour. Based on these figures, the cost impact of the inspection 
and adjustment on U.S. operators is estimated to be $25,920, or $720 
per airplane, per inspection cycle.
    It will take approximately 18 to 43 work hours per airplane to 
accomplish the 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 will 
bear the cost of replacement parts. As a result, the cost of those 
parts is not attributable to this AD. Based on these figures, the cost 
impact of the 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 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.

Regulatory Impact

    The 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.
    For 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, 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:

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:

2002-14-16  McDonnell Douglas: Amendment 39-12816. Docket 2001-NM-
244-AD.

    Applicability: Model 717-200 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 (e) 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:

Initial Inspection

    (a) Prior to the accumulation of 1,500 total flight hours (FH) 
or within 500 FH after the effective date of this AD, whichever 
occurs later: Perform a detailed 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.
    (1) If no crack is detected: Prior to further flight, adjust the 
spoiler hold-down actuators in accordance with the service bulletin.
    (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 
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.

    Note 2: For the purposes of this AD, a detailed 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.''

Repetitive Inspections

    (b) If the initial inspection required by paragraph (a) of this 
AD does not detect cracks, repeat the detailed inspection of the 
spoiler hold-down actuator support, in accordance with Boeing Alert 
Service Bulletin 717-57A0002, Revision 02, dated

[[Page 46098]]

October 2, 2001, at intervals not to exceed 500 flight hours until 
the accomplishment of the requirements of paragraph (d) of this AD.
    (c) If a detailed inspection for cracks of a spoiler hold-down 
actuator support was performed and the actuator was adjusted prior 
to the effective date of this AD, in accordance with Boeing Alert 
Service Bulletin 717-57A0002, Revision 01, dated February 28, 2001, 
repeat the detailed inspection in accordance with Boeing Alert 
Service Bulletin 717-57A0002, Revision 02, dated October 2, 2001, 
within 500 FH of the last inspection or within 500 FH of the 
effective date of this AD, whichever occurs later.

Terminating Action

    (d) 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. 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.
    (1) 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.
    (2) Any spoiler hold-down actuator supports, idler links, hinge 
pins, or attaching parts which were replaced prior to the effective 
date of this AD in accordance with Boeing Service Bulletin 717-57-
0004, original issue, dated May 30, 2001, do not need to be 
replaced.

Alternative Methods of Compliance

    (e) 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 3: 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

    (f) 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.

Incorporation by Reference

    (g) The actions shall be done in accordance with Boeing Alert 
Service Bulletin 717-57A0002, Revision 02, dated October 2, 2001; 
and Boeing Service Bulletin 717-57-0004, Revision 01, dated October 
2, 2001; as applicable. 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.

Effective Date

    (h) This amendment becomes effective on August 16, 2002.

    Issued in Renton, Washington, on July 3, 2002.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-17299 Filed 7-11-02; 8:45 am]
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