[Federal Register Volume 67, Number 159 (Friday, August 16, 2002)]
[Rules and Regulations]
[Pages 53465-53467]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-20514]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-147-AD; Amendment 39-12848; AD 2002-16-09]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model 717-200 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
is applicable to all McDonnell Douglas Model 717-200 airplanes. This 
action requires repetitive tests to detect failure of the solenoid 
operated shut-off valve (SOV) of the inboard and outboard spoiler 
actuator assemblies, and corrective action if necessary. This action is 
necessary to detect and correct conditions associated with high 
electrical resistance in the solenoid, which, in combination with the 
failure of a spoiler actuator, could result in reduced controllability 
of the airplane. This action is intended to address the identified 
unsafe condition.

DATES: Effective September 3, 2002.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of September 3, 2002.
    Comments for inclusion in the Rules Docket must be received on or 
before October 15, 2002.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-147-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 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: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2002-NM-147-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 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 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.

FOR FURTHER INFORMATION CONTACT: Technical Information: Thomas Phan, 
Aerospace Engineer, Systems and Equipment Branch, ANM-130L, FAA, Los 
Angeles Aircraft Certification Office, 3960 Paramount Boulevard, 
Lakewood, California 90712-4137; telephone (562) 627-5342; fax (562) 
627-5210.
    Other Information: Sandi Carli, Airworthiness Directive Technical 
Editor/Writer; telephone (425) 687-4243, 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 ASCII text.

SUPPLEMENTARY INFORMATION: The FAA has recently been advised of failed 
tests of spoiler actuator assemblies due to failure of the solenoid-
operated shut-off valve (SOV) on McDonnell Douglas Model 717-200 
airplanes in service and

[[Page 53466]]

during final assembly. Analysis by the manufacturer indicates that 
these solenoids contain high electrical resistance, which can be 
detected only during a spoiler return-to-service (RTS) test. The cause 
of the high resistance is under investigation. The presence of high 
electrical resistance in the solenoid is considered a latent failure. 
The combined failure of the solenoid-operated SOV and the spoiler 
actuator will cause a single spoiler panel hardover, and could result 
in reduced controllability of the airplane.

Explanation of Relevant Service Information

    The FAA has reviewed and approved Boeing Alert Service Bulletin 
717-27A0025, dated June 11, 2002, which describes procedures for 
repetitive tests to determine the electrical resistance within the 
solenoid of the inboard and outboard spoiler actuator assemblies. 
Operators may choose to perform either a spoiler actuator RTS test or a 
spoiler system RTS test. Corrective actions for any failed test include 
replacing the spoiler actuator assembly with a new spoiler actuator 
assembly, and correcting all faults in the centralized fault display 
system (CFDS).

Explanation of the Requirements of the Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design, this AD is 
being issued to detect and correct conditions associated with high 
electrical resistance in the solenoid of the spoiler actuator assembly, 
which, in combination with the failure of a spoiler actuator, could 
result in reduced controllability of the airplane. This AD requires 
accomplishment of the actions specified in the alert service bulletin 
described previously.

Interim Action

    This is considered to be interim action until final action is 
identified, at which time the FAA may consider further rulemaking.

Determination of Rule's Effective Date

    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, was not preceded by 
notice and an opportunity for public comment, comments are invited on 
this rule. Interested persons are invited to comment on this 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 under the caption ADDRESSES. All 
communications received on or before the closing date for comments will 
be considered, and this rule may be amended in light of the comments 
received. Factual information that supports the commenter's ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
AD action and determining whether additional rulemaking action would be 
needed.
    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 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 rule that might 
suggest a need to modify the 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 that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2002-NM-147-AD.'' The postcard will be date stamped 
and returned to the commenter.

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.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it is not a ``significant regulatory 
action'' under Executive Order 12866. It has been determined further 
that this action involves an emergency regulation under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). If it is 
determined that this emergency regulation otherwise would be 
significant under DOT Regulatory Policies and Procedures, a final 
regulatory evaluation will be prepared and placed in the Rules Docket. 
A copy of it, if filed, 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:

2002-16-09  McDonnell Douglas: Amendment 39-12848. Docket 2002-NM-
147-AD.

    Applicability: All Model 717-200 airplanes, 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 conditions associated with high electrical 
resistance in the solenoid of the spoiler actuator assembly, which, 
in combination with the failure of a spoiler actuator, could result 
in reduced

[[Page 53467]]

controllability of the airplane, accomplish the following:

Repetitive Tests

    (a) Within 60 days after the effective date of this AD, 
determine the electrical resistance within the solenoid of the 
inboard and outboard spoiler actuator assemblies by doing either a 
spoiler actuator return-to-service (RTS) test or a spoiler system 
RTS test, in accordance with Boeing Alert Service Bulletin 717-
27A0025, dated June 11, 2002. Repeat either test thereafter at least 
every 550 flight hours.

Corrective Action

    (b) If any failure is noted during any test required by 
paragraph (a) of this AD: Before further flight, perform applicable 
corrective actions (including replacing the spoiler actuator 
assembly with a new spoiler actuator assembly and correcting all 
faults in the centralized fault display system (CFDS)), in 
accordance with Boeing Alert Service Bulletin 717-27A0025, dated 
June 11, 2002, and repeat the test until a successful complete RTS 
test has been achieved.

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 2: 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 
Secs. 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

    (e) The actions must be done in accordance with Boeing Alert 
Service Bulletin 717-27A0025, dated June 11, 2002. 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

    (f) This amendment becomes effective on September 3, 2002.

    Issued in Renton, Washington, on August 7, 2002.
Vi Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-20514 Filed 8-15-02; 8:45 am]
BILLING CODE 4910-13-P