On March 14, 2007, we issued emergency AD 2007-06-52, which applies to certain Boeing Model 737-800 series airplanes. \n\nBackground \n\n\tOn 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. \n\n\tThat 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. \n\n\tThe 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. \n\n\tFurther 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 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. \n\n\tThis 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. \n\nActions Since Issuance of Previous AD \n\n\tSince that AD was issued, we have become aware oftwo 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. \n\n\tIn light of this, we have determined that emergency AD 2007-06-51 must be superseded to reflect the correct part numbers. \n\nRelevant Service Information \n\n\tWe 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. \n\nFAA's Determination and Requirements of This AD \n\n\tSince 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.'' \n\n\tWe 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. \n\nDifferences Between This AD and the Service Information \n\n\tIn 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. \n\n\tAlthough 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. \n\n\tOperators 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. \n\nInterim Action \n\n\tWe 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. \n\nComments Invited \n\n\tThis 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. \n\n\tWe 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. \n\nExamining the Docket \n\n\tYou 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 shortlyafter the Docket Management System receives them. \n\nAuthority for This Rulemaking \n\n\tTitle 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. \n\n\tWe are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, "General requirements.'' Under that \nsection, 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. \n\nRegulatory Findings \n\n\tWe 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. \n\n\tThe 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. \n\nList of Subjects in 14 CFR Part 39 \n\n\tAir transportation,Aircraft, Aviation safety, Incorporation by reference, Safety. \n\nAdoption of the Amendment \n\nAccordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: \n\nPART 39--AIRWORTHINESS DIRECTIVES \n\n1. The authority citation for part 39 continues to read as follows: \n\n\tAuthority: 49 U.S.C. 106(g), 40113, 44701. \n\nSec. 39.13 (Amended) \n\n2. The FAA amends Sec. 39.13 by adding the following new airworthiness directive (AD):