[Federal Register Volume 68, Number 40 (Friday, February 28, 2003)]
[Rules and Regulations]
[Pages 9525-9527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4487]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-353-AD; Amendment 39-13073; AD 2003-04-24]
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 certain McDonnell Douglas Model 717-200 airplanes. 
This action requires a one-time inspection for cracking of the support 
fitting assemblies and stop pads of the main spoiler actuators, and 
follow-on actions. This action is necessary to find and fix cracking of 
the support fitting assemblies of the main spoiler actuator, which 
could result in damage of adjacent structure such as the rear spar or 
upper skin panel, and consequent reduced structural integrity of the 
airplane. This action is intended to address the identified unsafe 
condition.

DATES: Effective March 17, 2003.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of March 17, 2003.
    Comments for inclusion in the Rules Docket must be received on or 
before April 29, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-353-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-353-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; 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: 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: The FAA has received reports indicating that 
cracking has been found on a support fitting assembly for the main 
spoiler actuators on several McDonnell Douglas Model 717-200 airplanes. 
On one airplane, a crack completely separated a forward attachment lug 
from the support fitting. This allowed the lug to move forward and 
contact and damage the rear spar of the wing, which resulted in 
cracking of the spar and fuel seepage. On another airplane, the support 
fitting cracked laterally across the center of the fitting. 
Investigation revealed that the stop pad had been broken off at the 
pad's aft attachment hole, and contact occurred between the spoiler 
actuator and fitting. While the root-cause of these cracks is unknown, 
one possibility is improper rigging of the spoiler hold-down actuator, 
which could cause additional loading and fatigue in the support 
fitting. Cracking of a support fitting assembly for a main spoiler 
actuator, if not corrected, could result in damage of adjacent 
structure such as the rear spar or upper skin panel, and consequent 
reduced structural integrity of the airplane.

Explanation of Relevant Service Information

    The FAA has reviewed and approved Boeing Alert Service Bulletin 
717-57A0013, dated December 20, 2002. That service bulletin describes 
procedures for a one-time visual inspection for cracking of the support 
fitting assemblies and stop pads of the main spoiler actuators. For 
support fitting assemblies on which no cracking is found, the service 
bulletin describes procedures for a follow-on test of the rigging of 
the spoiler hold-down actuators to ensure that the actuators are rigged 
correctly. For cracked support fitting assemblies or stop pads, the 
service bulletin specifies to contact Boeing for instructions for 
repair and additional inspections.

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 find and fix cracking of the support fitting assemblies 
of the main spoiler actuator, which could result in damage of adjacent 
structure such as the rear spar or upper skin panel, and consequent 
reduced structural integrity of the airplane. This AD requires 
accomplishment of the actions specified in the service bulletin 
described previously, except as discussed under the heading 
``Differences Between This AD and the Service Bulletin.'' This AD also 
requires that operators report results of inspection findings to the 
FAA and to Boeing.

Interim Action

    This is considered to be interim action. The inspection reports 
that are required by this AD will enable the manufacturer to obtain 
better insight into the nature, cause, and extent of the cracking, and 
eventually to develop final action to address the unsafe condition. 
Once final action has been identified, the FAA may consider further 
rulemaking.

Clarification of Inspection Type

    The service bulletin identifies the inspection for cracking or 
other discrepancy as a ``visual'' inspection. We have determined that 
the inspection described in the service bulletin constitutes a 
``detailed'' inspection. Note 2 of this AD defines such an inspection.

Differences Between This AD and the Service Bulletin

    Operators should note that, although the service bulletin specifies 
that the

[[Page 9526]]

manufacturer may be contacted for disposition of cracking conditions, 
this AD would require the repair of those conditions to be accomplished 
per a method approved by the FAA, or per data meeting the type 
certification basis of the airplane approved by a Boeing Company 
Designated Engineering Representative who has been authorized by the 
FAA to make such findings.
    Operators also should note that, if no cracking of any spoiler 
support fitting or stop pad is found, the service bulletin specifies to 
test the rigging of the spoiler hold-down actuators. However, the 
service bulletin does not specify any corrective action if a spoiler 
hold-down actuator is incorrectly rigged. If any spoiler hold-down 
actuator is not rigged correctly, this AD specifies to correct the 
rigging per McDonnell Douglas Model 717 Aircraft Maintenance Manual, 
Chapter 27-67-06, Revision 15, dated January 1, 2003.
    Operators may note that certain portions of the service bulletin 
specify that, if no cracks are found, inspection findings must be 
submitted to Boeing. However, the Accomplishment Instructions of the 
service bulletin do not contain such an instruction, and this AD does 
not require operators to submit inspection findings if no cracking is 
found.
    Operators also may note that note (e) in Figures 1 and 2 of the 
service bulletin refers to inspecting for cracking or ``evidence of 
riding conditions on the support fitting.'' We have confirmed with 
Boeing that the references to ``riding conditions'' were included 
inadvertently. It is only necessary to inspect the support fitting 
assembly and stop pads for cracks, not for evidence of riding 
conditions. Note 3 of this AD clarifies our intent.

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:
    [sbull] 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.
    [sbull] For each issue, state what specific change to the AD is 
being requested.
    [sbull] 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-353-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:

2003-04-24 McDonnell Douglas: Amendment 39-13073.
    Docket 2002-NM-353-AD.

    Applicability: Model 717-200 airplanes, fuselage numbers 5002 
through 5106 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 (d) 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 find and fix cracking of the support fitting assemblies of 
the main spoiler actuator, which could result in damage of adjacent 
structure such as the rear spar or upper skin panel, and consequent 
reduced structural integrity of the airplane, accomplish the 
following:

One-Time Inspection

    (a) Within 550 flight hours after the effective date of this AD, 
perform a one-time detailed inspection for cracking of the support 
fitting assemblies and stop pads of the main spoiler actuators, per 
the Accomplishment Instructions of Boeing Alert

[[Page 9527]]

Service Bulletin 717-57A0013, dated December 20, 2002.

    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.''


    Note 3: While note (e) in Figures 1 and 2 in Boeing Alert 
Service Bulletin 717-57A0013, dated December 20, 2002, refers to 
inspecting for cracking or ``evidence of riding conditions on the 
support fitting,'' this AD requires inspection of the support 
fitting assembly and stop pads for cracking.

No Cracking Found: Follow-On Test

    (b) If no cracking is found during the inspection required by 
paragraph (a) of this AD, before further flight, perform a test of 
the rigging of the spoiler hold-down actuators to ensure that the 
actuators are rigged correctly, per the Accomplishment Instructions 
of Boeing Alert Service Bulletin 717-57A0013, dated December 20, 
2002. If any spoiler hold-down actuator is not rigged correctly, 
before further flight, correct the rigging per McDonnell Douglas 
Model 717 Aircraft Maintenance Manual, Chapter 27-67-06, Revision 
15, dated January 1, 2003.

Cracking Found: Corrective Actions and Reporting Requirement

    (c) If any cracking is found during the inspection required by 
paragraph (a) of this AD, do paragraphs (c)(1) and (c)(2) of this 
AD.
    (1) Before further flight, repair and perform follow-on 
inspections per a method approved by the Manager, Los Angeles 
Aircraft Certification Office (ACO), FAA; or per data meeting the 
type certification basis of the airplane approved by a Boeing 
Company Designated Engineering Representative who has been 
authorized by the Manager, Los Angeles ACO, to make such findings. 
For a repair method to be approved, the approval must specifically 
reference this AD.
    (2) Within 5 days after performing the inspection required by 
paragraph (a) of this AD, or within 5 days after the effective date 
of this AD, whichever is later, submit a report of inspection 
findings to the Manager, Los Angeles ACO, FAA, 3960 Paramount 
Boulevard, Lakewood, California 90712-4137, fax (562) 627-5210; and 
to Boeing, at the address specified in Appendix A of Boeing Alert 
Service Bulletin 717-57A0013, dated December 20, 2002. The report 
must include the fuselage number, a description of the discrepancies 
found, the number of flight cycles and flight hours on the airplane, 
and the name and telephone number of a person to contact if the FAA 
or Boeing needs more information on the findings. The form in 
Appendix A of the service bulletin may be used for the report. 
Information collection requirements contained in this AD have been 
approved by the Office of Management and Budget (OMB) under the 
provisions of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et 
seq.) and have been assigned OMB Control Number 2120-0056.

Alternative Methods of Compliance

    (d) An alternative method of compliance (AMOC) or adjustment of 
the compliance time that provides an acceptable level of safety may 
be used if approved by the Manager, Los Angeles ACO. 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 4: 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

    (e) 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

    (f) Unless otherwise specified in this AD, the actions shall be 
done in accordance with Boeing Alert Service Bulletin 717-57A0013, 
dated December 20, 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; 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

    (g) This amendment becomes effective on March 17, 2003.

    Issued in Renton, Washington, on February 20, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-4487 Filed 2-27-03; 8:45 am]
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