[Federal Register Volume 72, Number 82 (Monday, April 30, 2007)]
[Rules and Regulations]
[Pages 21083-21086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-7850]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27558; Directorate Identifier 2007-NM-053-AD; 
Amendment 39-15036; AD 2007-06-52]
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.

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SUMMARY: This document publishes in the Federal Register an amendment 
adopting airworthiness directive (AD) 2007-06-52 that was sent 
previously to all known U.S. owners and operators of Boeing Model 737-
800 series airplanes by individual notices. This AD requires inspecting 
spoilers to determine spoiler position after every landing and after 
any rejected takeoff maneuvers. For airplanes on which any spoiler is 
found in the up position with the speedbrake handle in the down 
position, this AD requires replacement of the flight spoiler actuator 
with a flight spoiler actuator having a certain part number. This 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 if necessary. This AD also 
provides for optional terminating action for those requirements. In 
addition, this 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. This AD results from a report of seven 
flight spoiler actuator jams on Model 737-800 Short Field Performance 
airplanes. We are issuing this AD 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.

DATES: This AD becomes effective May 7, 2007 to all persons except 
those persons to whom it was made immediately effective by emergency AD 
2007-06-52, issued March 14, 2007, which contained the requirements of 
this amendment.
    The incorporation by reference of a certain publication listed in 
the AD is approved by the Director of the Federal Register as of May 7, 
2007.
    We must receive comments on this AD by June 29, 2007.

ADDRESSES: Use one of the following addresses to submit comments on 
this AD.
    <bullet> DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
    <bullet> Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
    <bullet> Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590.
    <bullet> Fax: (202) 493-2251.
    <bullet> Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., 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: On March 14, 2007, we issued emergency AD 
2007-06-52, which applies to certain Boeing Model 737-800 series 
airplanes.

Background

    On March 13, 2007, the FAA issued emergency AD 2007-06-51 for 
certain Boeing Model 737-800 series airplanes. That AD requires 
inspecting spoilers to determine spoiler position after every landing 
and after any rejected takeoff maneuvers. For airplanes on which any 
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 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. Two 
reports involved in-service airplanes that were discovered during a 
routine maintenance walk-around and were believed to have occurred on 
the previous landing during auto speedbrake extension. Five other 
reports occurred during spoiler system testing at Boeing prior to 
delivery. An additional two reports of spoiler actuator input lever 
binding were identified during bench testing after Boeing began to 
investigate this issue.
    The two in-service failures of flight spoilers resulted in the 
spoilers not retracting after the speedbrake handle was moved to the 
DOWN position after landing, on a Boeing Model 737-800 airplane 
equipped with an SFP package. In both of these cases, the spoiler was 
discovered in the full-extended position during a routine maintenance 
walk-around. The spoiler remained in the full-extended position after 
cycling of the speedbrake handle.
    Further investigation revealed that the spoiler actuator failure is 
most likely to occur when the speedbrakes are deployed on the ground 
(automatically or manually) for either a rejected takeoff or normal 
landing. The takeoff

[[Page 21084]]

configuration warning will not sound if any flight spoiler remains 
extended with the speedbrake handle in the DOWN position. The cause of 
the failure has been identified as interference within the actuator 
main control valve.
    This condition, if not corrected, could result in a spoiler 
actuator hardover, which 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.

Actions Since Issuance of Previous AD

    Since that AD was issued, we have become aware of two incorrect 
part numbers identified throughout emergency AD 2007-06-51. The 
identified incorrect part numbers do not exist. The incorrect part 
numbers were for the replacement flight spoiler actuator and the flight 
spoiler actuator that may no longer be installed.
    In light of this, we have determined that emergency AD 2007-06-51 
must be superseded to reflect the correct part numbers.

Relevant Service Information

    We have reviewed Boeing 737 Flight Crew Operations Manual Bulletin 
No. TBC-67, dated March 5, 2007. The bulletin describes procedures for 
inspecting spoilers to determine spoiler position after landing and 
after any rejected takeoff maneuvers. For airplanes on which any 
spoiler is found in the up position with the speedbrake handle in the 
down position, the bulletin specifies to contact maintenance.

FAA's Determination and Requirements of This AD

    Since the unsafe condition described is likely to exist or develop 
on other airplanes of the same type design, we issued emergency AD 
2007-06-52 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. This new AD supersedes 
emergency AD 2007-06-51. This new AD requires the actions specified in 
emergency AD 2007-06051, but corrects certain part numbers. This AD 
requires accomplishing the actions specified in the service information 
described previously, except as described in ``Differences Between This 
AD and the Service Information.''
    We found that immediate corrective action was required; therefore, 
notice and opportunity for prior public comment thereon were 
impracticable and contrary to the public interest, and good cause 
existed to make the AD effective immediately by individual notices 
issued on March 14, 2007, to all known U.S. owners and operators of 
Boeing Model 737-800 series airplanes. These conditions still exist, 
and the AD is hereby published in the Federal Register as an amendment 
to section 39.13 of the Federal Aviation Regulations (14 CFR 39.13) to 
make it effective to all persons.

Differences Between This AD and the Service Information

    In addition to the inspection specified in the service information, 
this AD also requires that, after any maintenance action that operates 
the spoiler system, the ``Speedbrake Control System Operational Test'' 
specified in Chapter 27-62-00 of the Boeing 737-600/700/800/900 
Aircraft Maintenance Manual (AMM) be accomplished. This AD also 
specifies that the Master Minimum Equipment List Item 27-7, ``Auto 
Speed Brake System,'' is no longer applicable to Model 737-800 series 
airplanes equipped with an SFP package. This AD also provides an 
optional terminating action of installing flight spoiler actuator, part 
number (P/N) P665A0001-01 or higher dash number, in all eight flight 
spoiler positions.
    Although the service information specifies that operators may 
contact maintenance for disposition if any spoiler remains in the up 
position with the speedbrake handle in the down position, this AD 
requires operators to replace the flight spoiler actuator with a flight 
spoiler actuator, having P/N P665A0001-01 or higher dash number, using 
a method approved by the FAA.
    Operators should note that the service information specifies doing 
an inspection. However, this AD requires doing a ``visual check,'' 
which may be done by qualified ground personnel or flightcrew. We have 
determined that these visual checks may be properly performed by 
flightcrew because the checks do not require tools, precision measuring 
equipment, training, or pilot logbook endorsements, or the use of or 
reference to technical data that are not contained in the body of the 
AD.

Interim Action

    We consider this AD interim action. We are currently considering 
requiring the replacement of the flight spoiler actuator, which will 
constitute terminating action for the visual checks and operational 
tests required by this AD action.

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-
27558; Directorate Identifier 2007-NM-053-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 Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
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

[[Page 21085]]

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.
    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 this 
emergency regulation is later deemed significant under DOT Regulatory 
Policies and Procedures, we will prepare a final regulatory evaluation 
and place it in the AD Docket. See the ADDRESSES section for a location 
to examine the regulatory evaluation, if filed.

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 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 FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2007-06-52 Boeing: Amendment 39-15036. Docket No. FAA-2007-27558; 
Directorate Identifier 2007-NM-053-AD.

Effective Date

    (a) This AD becomes effective May 7, 2007, to all persons except 
those persons to whom it was made immediately effective by emergency 
AD 2007-06-52, issued on March 14, 2007, which contained the 
requirements of this amendment.

Affected ADs

    (b) This AD supersedes emergency AD 2007-06-51, issued March 13, 
2007.

Applicability

    (c) This AD applies to the 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 Short Field Performance (SFP) 
airplanes. The cause of the failure has been identified as 
interference within the actuator main control valve. We are issuing 
this AD 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.

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.

Visual Check and Corrective Action

    (f) Within 24 clock hours after the effective date of this AD, 
do the actions specified in paragraphs (f)(1), (f)(2), and (f)(3) of 
this AD, as applicable. 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.

Master Minimum Equipment List Item

    (g) As of the effective date of this AD, the Master Minimum 
Equipment List Item 27-7, ``Auto Speed Brake System,'' is no longer 
applicable to Model 737-800 series airplanes equipped with an SFP 
package.

Optional Terminating Action

    (h) Installation of flight spoiler actuator, P/N P665A0001-01 or 
higher dash number, in all eight flight spoiler positions ends the 
requirements of paragraph (f) of this AD.

Reporting

    (i) If any spoiler is found to be improperly stowed during any 
visual check required by this AD, at the applicable time specified 
in paragraphs (i)(1) and (i)(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.
    (1) For visual checks done before the effective date of this AD: 
Within 7 days after the effective date of this AD.
    (2) For visual checks done after the effective date of this AD: 
Within 7 days after doing the inspection.

Parts Installation

    (j) As of the effective date of this AD, no person may install a 
flight spoiler actuator, having P/N P665A0001-00, on any airplane.

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 not allowed.

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.

[[Page 21086]]

    (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.

Material Incorporated by Reference

    (m) You must use Boeing 737 Flight Crew Operations Manual 
Bulletin No. TBC-67, dated March 5, 2007, to perform the actions 
that are required by this AD, unless the AD specifies otherwise. The 
Director of the Federal Register approved the incorporation by 
reference of this document in accordance with 5 U.S.C. 552(a) and 1 
CFR part 51. 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 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 April 18, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-7850 Filed 4-27-07; 8:45 am]
BILLING CODE 4910-13-P