[Federal Register Volume 68, Number 136 (Wednesday, July 16, 2003)]
[Rules and Regulations]
[Pages 41901-41903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17430]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-156-AD; Amendment 39-13224; AD 2003-14-05]
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 airplanes. This action 
requires repetitive inspections 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 correct cracking of the 
support fitting assemblies of the main spoiler actuators, 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 July 31, 2003.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of July 31, 2003.
    Comments for inclusion in the Rules Docket must be received on or 
before September 15, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2003-NM-156-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. 2003-NM-156-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 or 2000 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: On February 20, 2003, the FAA issued AD 
2003-04-24 (68 FR 9525, February 28, 2003) for certain McDonnell 
Douglas Model 717-200 series airplanes. That AD required a one-time 
inspection for cracking of the support fitting assemblies and stop pads 
of the main spoiler actuators, and follow-on actions. That AD also 
required a report of the results of the one-time inspection that would 
help enable the manufacturer to obtain better insight into the nature, 
cause, and extent of the cracking. Such cracking of the support fitting 
assemblies of the main spoiler actuators could result in damage of 
adjacent structure such as the rear spar or upper skin panel, and 
consequent reduced structural integrity of the airplane.

Since the Issuance of That AD

    Since the issuance of that AD, we have received new reports 
indicating cracking in one of the four spoiler main

[[Page 41902]]

actuator support fitting assemblies. At least one cracked support 
fitting has been reported at each of the four locations. The 
manufacturer is still investigating the possible root cause(s) of the 
cracking.

Explanation of Relevant Service Information

    The FAA has reviewed and approved Boeing Alert Service Bulletin 
(ASB) 717-57A0016, dated May 29, 2003, which describes procedures for 
performing repetitive visual inspections to find cracking of the left 
and right wing, inboard and outboard support fitting assemblies of the 
spoiler main actuators. If no cracking is detected, the ASB describes 
procedures for lubricating the spoiler system. If any cracking is 
detected, the ASB specifies contacting the manufacturer for 
instructions for repair and additional inspections. The ASB also 
specifies that results of the inspections be reported to the 
manufacturer. The ASB advises that closing action for the repetitive 
inspections will be provided in a future service bulletin.

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 registered 
in the United States, 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 Alert 
Service Bulletin.''

Interim Action

    This is considered to be interim action. Once final action has been 
identified, developed, and approved, 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 1 of this AD defines such an inspection.

Differences Between This AD and the Alert Service Bulletin

    Operators should note that, although the service bulletin specifies 
that the 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 may note that the Accomplishment Instructions of the ASB 
specify reporting the inspection results to the manufacturer. However, 
this AD does not require operators to submit inspection findings.

Changes to 14 CFR Part 39/Effect on the AD

    On July 10, 2002, the FAA issued a new version of 14 CFR part 39 
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness 
directives system. The regulation now includes material that relates to 
altered products, special flight permits, and alternative methods of 
compliance (AMOCs). Because we have now included this material in part 
39, only the office authorized to approve AMOCs is identified in each 
individual AD.

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 2003-NM-156-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

0
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:

[[Page 41903]]

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. Section 39.13 is amended by adding the following new airworthiness 
directive:

2003-14-05 McDonnell Douglas: Amendment 39-13224. Docket 2003-NM-
156-AD.

    Applicability: All Model 717-200 airplanes, certificated in any 
category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To find and correct cracking of the support fitting assemblies 
of the main spoiler actuators, 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:

Repetitive Detailed Inspections

    (a) Prior to the accumulation of 2,000 total flight hours, or 
within 550 flight hours after the effective date of this AD: Perform 
a detailed inspection for cracking of the support fitting assemblies 
and stop pads of the main spoiler actuators, per the Accomplishment 
Instructions of Boeing Alert Service Bulletin (ASB) 717-57A0016, 
dated May 29, 2003. Thereafter, repeat the detailed inspections at 
intervals not to exceed 550 flight hours.

    Note 1: 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.''

No Cracking Found: Follow-on Action

    (b) If no cracking is found during any inspection required by 
paragraph (a) of this AD, before further flight, lubricate the 
spoiler system and ensure that grease ``squeeze-out'' occurs at the 
locations indicated in Figure 3 of the Accomplishment Instructions 
of Boeing Alert Service Bulletin 717-57A0016, dated May 29, 2003.

If Any Cracking Found:

    (c) If any cracking is found, 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.

No Reporting Requirements

    (d) Although the Accomplishment Instructions of the ASB 
referenced in this AD specifies to submit information to the 
manufacturer, this AD does not include such a requirement.

Alternative Methods of Compliance

    (e) In accordance with 14 CFR 39.19, the Manager, Los Angeles 
ACO, is authorized to approve alternative methods of compliance for 
this AD.

Incorporation by Reference

    (f) Unless otherwise specified in this AD, the actions shall be 
done in accordance with Boeing Alert Service Bulletin 717-57A0016, 
dated May 29, 2003. 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 July 31, 2003.

    Issued in Renton, Washington, on July 3, 2003.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-17430 Filed 7-15-03; 8:45 am]
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