[Federal Register Volume 72, Number 141 (Tuesday, July 24, 2007)]
[Rules and Regulations]
[Pages 40226-40230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-13979]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-28750; Directorate Identifier 2007-NM-124-AD; 
Amendment 39-15133; AD 2007-15-04]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 737-800 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: The FAA is superseding an existing airworthiness directive 
(AD) that applies to certain Boeing Model 737-800 series airplanes. The 
existing AD currently requires inspecting flight spoilers to determine 
spoiler position after every landing and after any rejected takeoff 
maneuver. For airplanes on which any flight spoiler is found in the up 
position with the speedbrake handle in the down position, the existing 
AD requires replacing the flight spoiler actuator with a flight spoiler 
actuator having a certain part number. The existing AD also requires an 
operational test of the speedbrake

[[Page 40227]]

control system after any maintenance actions that operate the spoiler 
system, and replacement of the flight spoiler actuator if necessary. 
The existing AD also provides for optional terminating action for those 
requirements. This new AD requires the previously optional terminating 
action. This AD results from a report of seven flight spoiler actuator 
jams on Model 737-800 airplanes equipped for short field performance 
(SFP). The cause of the failure has been identified as interference 
within the actuator main control valve. We are issuing this AD to 
prevent operation with defective flight spoiler actuators, which could 
result in a flight spoiler actuator hardover, and could cause the 
flight spoiler surface to jam in the fully extended position. Two or 
more hardover failures of the flight spoiler surfaces in the up 
direction on the same wing, if undetected prior to takeoff, can cause 
significant roll and consequent loss of control of the airplane.

DATES: This AD becomes effective August 8, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of August 8, 
2007.
    On May 7, 2007 (72 FR 21083, April 30, 2007), the Director of the 
Federal Register approved the incorporation by reference of a certain 
publication listed in the AD.
    We must receive any comments on this AD by September 24, 2007.

ADDRESSES: Use one of the following addresses to submit comments on 
this AD.
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Fax: (202) 493-2251.
     Hand Delivery: Room W12-140 on the ground floor of the 
West Building, 1200 New Jersey Avenue, SE., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, 
Washington 98124-2207, for service information identified in this AD.

FOR FURTHER INFORMATION CONTACT: Kelly McGuckin, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-
3356; telephone (425) 917-6490; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

Discussion

    On April 18, 2007, we issued AD 2007-06-52, amendment 39-15036 (72 
FR 21083, April 30, 2007). That AD applies to certain Boeing Model 737-
800 series airplanes. That AD requires inspecting flight spoilers to 
determine spoiler position after every landing and after any rejected 
takeoff maneuver. For airplanes on which any flight spoiler is found in 
the up position with the speedbrake handle in the down position, that 
AD requires replacement of the flight spoiler actuator with a flight 
spoiler actuator having a certain part number. That AD also requires an 
operational test of the speedbrake control system after any maintenance 
actions that operate the spoiler system, and replacement of the flight 
spoiler actuator(s) if necessary. That AD also provides for optional 
terminating action for those requirements. In addition, that AD 
requires you to report to the manufacturer any spoiler panel that is 
found in the up position with the speedbrake handle in the down 
position. That AD resulted from a report of seven flight spoiler 
actuator jams on Model 737-800 short field performance (SFP) airplanes. 
The actions specified in that AD are intended to detect and correct any 
spoiler panel that is found in the up position with the speedbrake 
handle in the down position, which could result in a spoiler actuator 
hardover, and could cause the spoiler surface to jam in the fully 
extended position. Two or more hardover failures of the spoiler 
surfaces in the up direction on the same wing, if undetected prior to 
takeoff, can cause significant roll and consequent loss of control of 
the airplane.
    The goal of the actions required by AD 2007-06-52 is to detect 
actuators that might have failed during the previous flight in order to 
prevent an attempted takeoff with extended flight spoiler(s). We 
determined that takeoff is the most critical portion of the flight 
profile for this particular failure, but it is not the only flight 
profile that could be affected. Therefore, we are issuing this new AD 
for the following reasons:
     Replacing all flight spoiler actuators is the best method 
to eliminate the possibility of this failure.
     The inspections and operational tests required by AD 2007-
06-52 are an interim solution and cannot detect or prevent other 
possible scenarios involving a failed flight spoiler actuator.
     Inspecting each flight spoiler after every landing and 
after any rejected takeoff maneuver does not guarantee that the flight 
spoiler will function properly during the next flight.

Actions Since AD Was Issued

    The preamble to AD 2007-06-52 explains that we consider the 
requirements ``interim action'' and are considering requiring the 
replacement of all eight flight spoiler actuators. We now have 
determined that replacement of the flight spoiler actuators is 
necessary, and this AD follows from that determination. The replacement 
actuators correct the interference condition in the valve assembly, 
eliminate possible rate jam conditions, and ensure continued correct 
operation of the flight spoilers. Replacement of all flight spoiler 
actuators constitutes terminating action for the requirements of AD 
2007-06-52.
    In addition, paragraph (g) of AD 2007-06-52 also specifies that the 
Master Minimum Equipment List (MMEL) Item 27-7, ``Auto Speed Brake 
System,'' is no longer applicable to Model 737-800 series airplanes 
equipped with an SFP package. Since we issued AD 2007-06-52, Boeing has 
revised MMEL Item 27-7 to accurately reflect the operational 
requirements to account for the degraded performance when operating a 
Model 737-800 series airplane equipped with the SFP package when it has 
the auto speed brake system disabled. Therefore, the requirement in 
paragraph (g) of AD 2007-06-52 has not been restated in this AD. We 
have re-lettered the remaining paragraphs accordingly.

Relevant Service Information

    We have reviewed Boeing Alert Service Bulletin 737-27A1283, dated 
April 3, 2007. The service bulletin describes procedures for installing 
an improved SFP actuator for each of the eight flight spoilers. The 
installation includes replacing the SFP actuator, making sure there is 
no hydraulic leakage at the connections to each of the new, improved 
SFP actuators, and completing all adjustments and tests of each flight 
spoiler to make sure it operates correctly. The service bulletin 
specifies doing the adjustments and tests in accordance with the 
applicable aircraft maintenance manual. The service bulletin also 
specifies returning each removed flight spoiler SFP actuator to the 
vendor for modification. The service bulletin includes eight individual 
work packages for replacement of each of the eight flight spoiler 
actuators to allow flexibility in accomplishing the service bulletin.

[[Page 40228]]

Accomplishing the actions specified in the service information is 
intended to adequately address the unsafe condition.

FAA's Determination and Requirements of This AD

    The unsafe condition described previously is likely to exist or 
develop on other airplanes of the same type design. For this reason, we 
are issuing this AD to supersede AD 2007-06-52. This new AD retains 
certain requirements of the existing AD. This AD also requires 
accomplishing the actions specified in the service bulletin described 
previously, except as discussed under ``Difference Between the AD and 
the Service Bulletin.'' This AD allows 120 days from its effective date 
to accomplish the required actions. This amount of time is necessary to 
enable operators to obtain sufficient parts to modify all affected 
airplanes.

Difference Between the AD and the Service Bulletin

    Operators should note that, although the Accomplishment 
Instructions of Boeing Alert Service Bulletin 737-27A1283, dated April 
3, 2007, describe procedures for returning parts to the vendor, this AD 
does not require that action.

Change to Alternative Methods of Compliance (AMOCs) Paragraph

    AD 2007-06-52 requires accomplishing certain actions in accordance 
with Boeing 737 Flight Crew Operations Manual Bulletin No. TBC-67, 
dated March 5, 2007. That document is specific to Boeing operations. 
Since we issued AD 2007-06-52, Boeing has released operator-specific 
versions of Bulletin No. TBC-67 for affected operators of Model 737-800 
airplanes equipped with the SFP package. The operator-specific 
documents have been approved as AMOCs for AD 2007-06-52. For 
simplicity, paragraph (f)(1) of this new AD continues to require 
actions in accordance with Bulletin No. TBC-67. However, paragraph 
(l)(3) has been added to this AD to specify that the existing AMOCs 
that approve operator-specific documents continue to be acceptable.

Clarification of Terminology

    We use the term ``flight spoilers,'' ``flight spoiler actuators,'' 
or ``SFP actuators,'' in this AD to refer to the affected spoilers and 
actuators. There are ground spoilers on the affected airplanes, but the 
ground spoilers have a different type of actuator and are not affected 
by this AD. We have added Note 1 to this AD to include this 
clarification.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD; therefore, providing notice and opportunity for public comment 
before the AD is issued is impracticable, and good cause exists to make 
this AD effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements that affect 
flight safety and was not preceded by notice and an opportunity for 
public comment; however, we invite you to submit any relevant written 
data, views, or arguments regarding this AD. Send your comments to an 
address listed in the ADDRESSES section. Include ``Docket No. FAA-2007-
28750; Directorate Identifier 2007-NM-124-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the AD that might 
suggest a need to modify it.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this AD. Using the search function of that Web 
site, anyone can find and read the comments in any of our dockets, 
including the name of the individual who sent the comment (or signed 
the comment on behalf of an association, business, labor union, etc.). 
You may review the DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19477-78), or you may visit 
http://dms.dot.gov.

Examining the Docket

    You may examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Operations office between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The 
Docket Operations office (telephone (800) 647-5527) is located on the 
ground floor of the West Building at the street address stated in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after the Docket Management System receives them.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, Section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We have determined that this AD will not have federalism 
implications under Executive Order 13132. This AD 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.
    For the reasons discussed above, I certify that the 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. 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket. See the ADDRESSES 
section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends part 39 of the Federal Aviation Regulations (14 CFR part 
39) as follows:

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. The Federal Aviation Administration (FAA) amends Sec.  39.13

[[Page 40229]]

by removing amendment 39-15036 (72 FR 21083, April 30, 2007) and adding 
the following new airworthiness directive (AD):

2007-15-04 Boeing: Docket No. FAA-2007-28750; Directorate Identifier 
2007-NM-124-AD; Amendment 39-15133.

Effective Date

    (a) This AD becomes effective August 8, 2007.

Affected ADs

    (b) This AD supersedes AD 2007-06-52.

Applicability

    (c) This AD applies to Boeing Model 737-800 series airplanes, 
certificated in any category, serial numbers 32685, 34277 through 
34281 inclusive, 34474, 34475, 34654 through 34656 inclusive, 34690, 
34948, 34949, 35091 through 35093 inclusive, 35103, 35134, 35176 
through 35183 inclusive, 35330, 35331, 35558, 35559, and 36323 
through 36328 inclusive.

Unsafe Condition

    (d) This AD results from a report of seven flight spoiler 
actuator jams on Model 737-800 series airplanes equipped for short 
field performance (SFP). The cause of the failure has been 
identified as interference within the actuator main control valve. 
We are issuing this AD to prevent operation with defective flight 
spoiler actuators, which could result in a spoiler actuator 
hardover, and could cause the spoiler surface to jam in the fully 
extended position. Two or more hardover failures of the flight 
spoiler surfaces in the up direction on the same wing, if undetected 
prior to takeoff, can cause significant roll and consequent loss of 
control of the airplane.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

    Note 1: We use the term ``flight spoilers,'' ``flight spoiler 
actuators,'' or ``SFP actuators,'' in this AD to refer to the 
affected spoilers and actuators. There are ground spoilers on the 
affected airplanes, but the ground spoilers have a different type of 
actuator and are not affected by this AD.

Restatement of the Requirements of AD 2007-06-52

Visual Check and Corrective Action

    (f) Within 24 clock hours after May 7, 2007 (the effective date 
of AD 2007-06-52), do the actions specified in paragraphs (f)(1), 
(f)(2), and (f)(3) of this AD, as applicable, until the action 
required by paragraph (h) of this AD is accomplished. The visual 
checks required by paragraphs (f)(1) and (f)(2) of this AD may be 
performed by qualified personnel or flightcrew, and must be entered 
into the aircraft records showing compliance with this AD in 
accordance with 14 CFR 43.9(b) and 14 CFR 121.363 and 121.380.
    (1) After every landing, visually check the spoilers to 
determine spoiler position, in accordance with Boeing 737 Flight 
Crew Operations Manual Bulletin No. TBC-67, dated March 5, 2007.
    (i) If all spoilers are determined to be properly stowed, no 
further action is required by this paragraph.
    (ii) If any spoiler is found to be improperly stowed (in the up 
position with the speedbrake handle in the down position), before 
further flight, replace the flight spoiler actuator with a flight 
spoiler actuator, having part number (P/N) P665A0001-01 or higher 
dash number, in accordance with a method approved by the Manager, 
Seattle Aircraft Certification Office (ACO), FAA. The ``Flight 
Spoiler Actuator Removal'' task and the ``Flight Spoiler Actuator 
Installation'' task in Chapter 27-61-51 of the Boeing 737-600/700/
800/900 Aircraft Maintenance Manual (AMM) are approved methods for 
the replacement (removal and installation) of the flight spoiler 
actuator.
    (2) After any rejected takeoff maneuver, do the visual check 
specified in paragraph (f)(1) of this AD.
    (3) After any maintenance action that operates the spoiler 
system, do an operational test of the speedbrake control system in 
accordance with a method approved by the Manager, Seattle ACO, FAA. 
The ``Speedbrake Control System Operational Test'' specified in 
Chapter 27-62-00 of the Boeing 737-600/700/800/900 AMM is one 
approved method for the operational test of the speedbrake control 
system. If any spoiler panel is found to be fully extended with the 
speedbrake handle down, or if any spoiler panel is found fully 
retracted when the speedbrake handle is up, before further flight, 
replace the flight spoiler actuator in accordance with the actions 
specified in paragraph (f)(1)(ii) of this AD.

Reporting

    (g) If any spoiler is found to be improperly stowed during any 
visual check required by this AD, at the applicable time specified 
in paragraphs (g)(1) and (g)(2) of this AD, report the following 
information electronically to Boeing using the established Boeing 
Communications System (BCS): Airplane serial number, jam position, 
spoiler panel number or wing position of the spoiler that jammed, 
date of visual check, and flight hours accumulated on the airplane. 
Doing the action required by paragraph (h) of this AD terminates the 
requirements of this paragraph.
    (1) For visual checks done before May 7, 2007: Within 7 days 
after May 7, 2007.
    (2) For visual checks done after May 7, 2007: Within 7 days 
after doing the inspection.

New Requirements of This AD

Terminating Action

    (h) Within 120 days after the effective date of this AD: Install 
flight spoiler actuator, P/N P665A0001-01 or higher dash number, in 
all eight flight spoiler positions in accordance with the 
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
27A1283, dated April 3, 2007. Doing this installation ends the 
requirements of paragraphs (f) and (g) of this AD. Any flight 
spoiler actuator with P/N P665A0001-01 (or higher dash number) that 
was previously installed in any flight spoiler position in 
accordance with the requirements of AD 2007-06-52 is acceptable for 
meeting the requirements of this AD for that flight spoiler 
position.

Parts Installation

    (i) As of May 7, 2007, no person may install a flight spoiler 
actuator, having P/N P665A0001-00, on any airplane.

Parts Return

    (j) Although the Accomplishment Instructions of Boeing Alert 
Service Bulletin 737-27A1283, dated April 3, 2007, describe 
procedures for returning parts to the vendor, this AD does not 
require that action.

Special Flight Permit

    (k) Special flight permits, as described in Section 21.197 and 
Section 21.199 of the Federal Aviation Regulations (14 CFR 21.197 
and 21.199), are subject to the requirements of paragraphs (k)(1) 
and (k)(2) of this AD.
    (1) Special flight permits are not allowed if any flight spoiler 
is found in the up position during any visual check required by 
paragraph (f) of this AD.
    (2) Special flight permits are allowed for ferry flights to a 
maintenance location to accomplish the flight spoiler actuator 
installation required by paragraph (h) of this AD if no flight 
spoiler has failed any visual check required by paragraph (f) of 
this AD.

Alternative Methods of Compliance (AMOCs)

    (l)(1) The Manager, Seattle Aircraft Certification Office (ACO), 
FAA, has the authority to approve AMOCs for this AD, if requested in 
accordance with the procedures found in 14 CFR 39.19.
    (2) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your appropriate principal inspector (PI) in the FAA 
Flight Standards District Office (FSDO), or lacking a PI, your local 
FSDO.
    (3) AMOCs approved previously in accordance with AD 2007-06-52 
are approved as AMOCs for the corresponding provisions of this AD.

Material Incorporated by Reference

    (m) You must use Boeing 737 Flight Crew Operations Manual 
Bulletin No. TBC-67, dated March 5, 2007; and Boeing Alert Service 
Bulletin 737-27A1283, dated April 3, 2007; as applicable, to perform 
the actions that are required by this AD, unless the AD specifies 
otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of Boeing Alert Service Bulletin 737-
27A1283, dated April 3, 2007, in accordance with 5 U.S.C. 552(a) and 
1 CFR part 51.
    (2) On May 7, 2007 (72 FR 21083, April 30, 2007), the Director 
of the Federal Register approved the incorporation by reference of 
Boeing 737 Flight Crew Operations Manual Bulletin No. TBC-67, dated 
March 5, 2007.
    (3) Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, 
Washington 98124-2207, for a copy of this service information. You 
may review copies at the FAA, Transport Airplane Directorate, 1601 
Lind

[[Page 40230]]

Avenue, SW., Renton, Washington; or at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on July 11, 2007.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E7-13979 Filed 7-23-07; 8:45 am]
BILLING CODE 4910-13-P