AD 2002-14-16

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.

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.

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: judy.golder@faa.gov. Questions or comments sent via the Internet as attached electronic files must be formatted in Microsoft Word 97 for Windows or ASCI text,

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.

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.

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.

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.

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

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 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.

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.

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.

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.

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:

1. The authority citation for part 39 continues to read as follows:

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