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. \n\nSince the Issuance of That AD \n\n\tSince the issuance of that AD, we have received new reports indicating cracking in one of the four spoiler main \nactuator 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. \n\nExplanation of Relevant Service Information \n\n\tThe 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. \n\nExplanation of the Requirements of the Rule \n\n\tSince 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." \n\nInterim Action \n\n\tThis is considered to be interim action. Once final action has been identified, developed, and approved, the FAA may consider further rulemaking. \n\nClarification of Inspection Type \n\n\tThe 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. \n\nDifferences Between This AD and the Alert Service Bulletin \n\n\tOperators 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. \n\n\tOperators 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. \n\nChanges to 14 CFR Part 39/Effect on the AD \n\n\tOn 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. \n\nDetermination of Rule's Effective Date \n\n\tSince 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. \n\nComments Invited \n\n\tAlthough 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 andsuggestions is extremely helpful in evaluating the effectiveness of the AD action and determining whether additional rulemaking action would be needed. \n\n\tSubmit comments using the following format: \n\nOrganize 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. \nFor each issue, state what specific change to the AD is being requested. \nInclude justification (e.g., reasons or data) for each request. \n\n\tComments 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. \n\n\tCommenters wishing the FAA toacknowledge 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. \n\nRegulatory Impact \n\n\tThe 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. \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 RegulatoryPolicies 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. \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, 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: \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\n§ 39.13 (Amended) \n\n2. Section 39.13 is amended by adding the following new airworthiness directive: