FR Doc E8-29233

[Federal Register: December 24, 2008 (Volume 73, Number 248)]
[Rules and Regulations]
[Page 78936-78939]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24de08-7]

[[Page 78936]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0123; Directorate Identifier 2007-NM-056-AD;
Amendment 39-15763; AD 2008-25-05]
RIN 2120-AA64

Airworthiness Directives; McDonnell Douglas Model DC-8-11, DC-8-
12, DC-8-21, DC-8-31, DC-8-32, DC-8-33, DC-8-41, DC-8-42, and DC-8-43
Airplanes; Model DC-8-51, DC-8-52, DC-8-53, and DC-8-55 Airplanes;
Model DC-8F-54 and DC-8F-55 Airplanes; Model DC-8-61, DC-8-62, and DC-
8-63 Airplanes; Model DC-8-61F, DC-8-62F, and DC-8-63F Airplanes; Model
DC-8-71, DC-8-72, and DC-8-73 Airplanes; and Model DC-8-71F, DC-8-72F,
and DC-8-73F Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is superseding an existing airworthiness directive
(AD), which applies to all McDonnell Douglas Model DC-8 airplanes. That
AD currently requires, among other things, revision of an existing
program of structural inspections. This new AD requires implementation
of a revised program of structural inspections of baseline structure to
detect and correct fatigue cracking in order to ensure the continued
airworthiness of these airplanes as they approach the manufacturer's
original fatigue design life goal. This new AD also reduces the
inspection threshold for certain principal structural elements. This AD
results from a significant number of these airplanes approaching or
exceeding the design service goal on which the initial type
certification approval was predicated. We are issuing this AD to detect
and correct fatigue cracking that could compromise the structural
integrity of these airplanes.

DATES: This AD becomes effective January 28, 2009.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of January 28,
2009.
On February 26, 1993 (58 FR 5576, January 22, 1993), the Director
of the Federal Register approved the incorporation by reference of
certain other publications.

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
3855 Lakewood Boulevard, MC D800-0019, Long Beach, California 90846-
0001; telephone 206-544-5000, extension 2; fax 206-766-5683; e-mail
dse.boecom@boeing.com; Internet https://www.myboeingfleet.com.

Examining the AD Docket

You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (telephone 800-647-5527) is the Document Management
Facility, U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Dara Albouyeh, Aerospace Engineer,
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification
Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137;
telephone (562) 627-5222; fax (562) 627-5210.

SUPPLEMENTARY INFORMATION:

Discussion

The FAA issued a supplemental notice of proposed rulemaking (NPRM)
to amend 14 CFR part 39 to include an AD that supersedes AD 93-01-15,
amendment 39-8469 (58 FR 5576, January 22, 1993). The existing AD
applies to all McDonnell Douglas Model DC-8 airplanes. That
supplemental NPRM was published in the Federal Register on August 29,
2008 (73 FR 50906). That supplemental NPRM proposed to continue to
require, among other things, revision of an existing program of
structural inspections. That supplemental NPRM also proposed to require
implementation of a revised program of structural inspections of
baseline structure to detect and correct fatigue cracking in order to
ensure the continued airworthiness of these airplanes as they approach
the manufacturer's original fatigue design life goal. That supplemental
NPRM also proposed to reduce the inspection threshold for certain
principal structural elements.

Comments

We provided the public the opportunity to participate in the
development of this AD. No comments have been received on the NPRM or
on the determination of the cost to the public.

Conclusion

We have carefully reviewed the available data and determined that
air safety and the public interest require adopting the AD as proposed.

Costs of Compliance

There are about 194 airplanes of the affected design in the
worldwide fleet. The following table provides the estimated costs for
U.S. operators to comply with this AD.

Estimated Costs
----------------------------------------------------------------------------------------------------------------
Number of
Average U.S.-
Action Work hours labor rate Cost per operator registered Fleet cost
per hour airplanes
----------------------------------------------------------------------------------------------------------------
Revision of maintenance 544 per operator $80 $43,520, per 131 $739,840
inspection program (required by (17 U.S. operator.
AD 93-01-15. operators).
Revision of maintenance program 250 per operator 80 $20,000........... 131 340,000
and inspections (new actions). (17 U.S.
operators).
----------------------------------------------------------------------------------------------------------------

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,

[[Page 78937]]

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 this AD:
(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.
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 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 by
removing amendment 39-8469 (58 FR 5576, January 22, 1993) and by adding
the following new airworthiness directive (AD):

2008-25-05 McDonnell Douglas: Amendment 39-15763. Docket No. FAA-
2008-0123; Directorate Identifier 2007-NM-056-AD.

Effective Date

(a) This AD becomes effective January 28, 2009.

Affected ADs

(b) This AD supersedes AD 93-01-15.

Applicability

Table 1--Applicability
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Model
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(1) DC-8-11, DC-8-12, DC-8-21, DC-8-31, DC-8-32, DC-8-33, DC-8-41, DC-8-
42, and DC-8-43 airplanes.
(2) DC-8-51, DC-8-52, DC-8-53, and DC-8-55 airplanes.
(3) DC-8F-54 and DC-8F-55 airplanes.
(4) DC-8-61, DC-8-62, and DC-8-63 airplanes.
(5) DC-8-61F, DC-8-62F, and DC-8-63F airplanes.
(6) DC-8-71, DC-8-72, and DC-8-73 airplanes.
(7) DC-8-71F, DC-8-72F, and DC-8-73F airplanes.
------------------------------------------------------------------------

Unsafe Condition

(d) This AD results from a significant number of these airplanes
approaching or exceeding the design service goal on which the
initial type certification approval was predicated. We are issuing
this AD to detect and correct fatigue cracking that could compromise
the structural integrity of these airplanes.

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.

Certain Requirements of AD 93-01-15

Revise the FAA-Approved Maintenance Inspection Program

(f) Within 6 months after February 26, 1993 (the effective date
of AD 93-01-15), incorporate a revision of the FAA-approved
maintenance inspection program that provides no less than the
required inspection of the Principal Structural Elements (PSEs)
defined in sections 2 and 3 of Volume I of McDonnell Douglas Report
No. L26-011, ``DC-8 Supplemental Inspection Document (SID),''
Revision 3, dated March 1991, in accordance with section 2 of Volume
III-91, dated April 1991, of that document. The non-destructive
inspection techniques set forth in sections 2 and 3 of Volume II,
Revision 5, dated March 1991, of that SID provide acceptable methods
for accomplishing the inspections required by this AD. All
inspection results, negative or positive, must be reported to
McDonnell Douglas, in accordance with the instructions of section 2
of Volume III-91 of the SID. Information collection requirements
contained in this regulation have been approved by the OMB under the
provisions of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et
seq.) and have been assigned OMB Control Number 2120-0056.

Corrective Action

(g) Cracked structure detected during the inspections required
by paragraph (f) of this AD must be repaired before further flight,
in accordance with a method approved by the Manager, Los Angeles
Aircraft Certification Office (ACO), FAA, Transport Airplane
Directorate.

New Requirements of This AD

Revision of the Maintenance Inspection Program

(h) Within 12 months after the effective date of this AD,
incorporate a revision of the FAA-approved maintenance inspection
program that provides for inspection(s) of the PSEs, in accordance
with Boeing Report No. L26-011, ``DC-8 All Series Supplemental
Inspection Document (SID),'' Volume I, Revision 7, dated March 2008.
Incorporation of this revision ends the requirements of paragraphs
(f) and (g) of this AD.

Non-Destructive Inspections (NDIs)

(i) For all PSEs listed in Section 2 of Boeing Report No. L26-
011, ``DC-8 All Series Supplemental Inspection Document (SID),''
Volume I, Revision 7, dated March 2008, perform an NDI for fatigue
cracking of each PSE, in accordance with the NDI procedures
specified in Section 2 of McDonnell Douglas Report No. L26-011,
``DC-8 Supplemental Inspection Document (SID),'' Volume II, Revision
8, dated January 2005, at the times specified in paragraph (i)(1),
(i)(2), or (i)(3) of this AD, as applicable.
(1) For airplanes that have less than three quarters of the
fatigue life threshold (\3/4\NTH) as of the effective
date of this AD: Perform the NDI for fatigue cracking at the times
specified in paragraphs (i)(1)(i) and (i)(1)(ii) of this AD. After
reaching the threshold (NTH), repeat the inspection for
that PSE at intervals not to exceed [Delta]NDI/2.
(i) Perform an initial NDI no earlier than one-half of the
threshold (\1/2\NTH) but before reaching three-quarters
of the threshold (\3/4\NTH), or within 60 months after
the effective date of this AD, whichever occurs later.
(ii) Repeat the NDI no earlier than \3/4\NTH but
before reaching the threshold (NTH), or within 18 months
after the inspection required by paragraph (i)(1)(i) of this AD,
whichever occurs later.

Note 1: The DC-8 SID and this AD refer to the repetitive
inspection interval as [Delta]NDI/2. However, the headings of the
tables in section 4 of Volume I, Revision 7, dated March 2008, of
the DC-8 SID refer to the repetitive inspection interval of NDI/2.
The values listed under NDI/2 in the tables in section 4 of Volume
I, Revision 7, dated March 2008, of the DC-8 SID are the repetitive
inspection intervals, [Delta]NDI/2.

(2) For airplanes that have reached or exceeded three-quarters
of the fatigue life threshold (\3/4\NTH), but less than
the threshold (NTH), as of the effective date of this AD:
Perform an NDI before reaching the threshold

[[Page 78938]]

(NTH), or within 18 months after the effective date of
this AD, whichever occurs later. Thereafter, after passing the
threshold (NTH), repeat the inspection for that PSE at
intervals not to exceed [Delta]NDI/2.
(3) For airplanes that have reached or exceeded the fatigue life
threshold (NTH) as of the effective date of this AD:
Perform an NDI within 18 months after the effective date of this AD.
Thereafter, repeat the inspection for that PSE at intervals not to
exceed [Delta]NDI/2.

Discrepant Findings

(j) If any discrepancy (e.g., differences on the airplane from
the NDI reference standard, such as PSEs that cannot be inspected as
specified in McDonnell Douglas Report No. L26-011, ``DC-8
Supplemental Inspection Document (SID),'' Volume II, Revision 8,
dated January 2005, or do not match rework, repair, or modification
descriptions in Boeing Report No. L26-011, ``DC-8 All Series
Supplemental Inspection Document (SID),'' Volume I, Revision 7,
dated March 2008) is detected during any inspection required by
paragraph (i) of this AD, do the action specified in paragraph
(j)(1) or (j)(2) of this AD, as applicable.
(1) If a discrepancy is detected during any inspection done
before \3/4\NTH or NTH: The area of the PSE
affected by the discrepancy must be inspected before NTH
or within 18 months after the discovery of the discrepancy,
whichever occurs later, in accordance with a method approved by the
Manager, Los Angeles ACO.
(2) If a discrepancy is detected during any inspection done
after NTH: The area of the PSE affected by the
discrepancy must be inspected before the accumulation of an
additional [Delta]NDI/2 or within 18 months after the discovery of
the discrepancy, whichever occurs later, in accordance with a method
approved by the Manager, Los Angeles ACO.

Reporting Requirements

(k) All negative or positive findings of the inspections done in
accordance with paragraph (i) of this AD must be reported to Boeing
at the times specified in, and in accordance with, the instructions
contained in section 4 of Boeing Report No. L26-011, ``DC-8 All
Series Supplemental Inspection Document (SID),'' Volume I, Revision
7, dated March 2008. Information collection requirements contained
in this regulation have been approved by the Office of Management
and Budget (OMB) under the provisions of the Paperwork Reduction Act
of 1980 (44 U.S.C. 3501 et seq.) and have been assigned OMB Control
Number 2120-0056.

Corrective Actions

(l) Any cracked structure of a PSE detected during any
inspection required by paragraph (i) of this AD must be repaired
before further flight using a method approved in accordance with the
procedures specified in paragraph (p) of this AD. Accomplish the
actions described in paragraphs (l)(1), (l)(2), and (l)(3) of this
AD, at the times specified.
(1) Within 18 months after repair, do a damage tolerance
assessment (DTA) that defines the threshold for inspection of the
repair and submit the assessment for approval.
(2) Before reaching 75 percent of the repair threshold as
determined in paragraph (l)(1) of this AD, submit the inspection
methods and repetitive inspection intervals for the repair for
approval.
(3) Before the repair threshold, as determined in paragraph
(l)(1) of this AD, incorporate the inspection method and repetitive
inspection intervals into the FAA-approved structural maintenance or
inspection program for the airplane.

Note 2: For the purposes of this AD, we anticipate that
submissions of the DTA of the repair, if acceptable, should be
approved within 6 months after submission.

Note 3: FAA Order 8110.54, ``Instructions for Continued
Airworthiness, Responsibilities, Requirements, and Contents'' dated
July 1, 2005, provides additional guidance about the approval of
repairs to PSEs.

Inspection for Transferred Airplanes

(m) Before any airplane that has exceeded the fatigue life
threshold (NTH) can be added to an air carrier's
operations specifications, a program for the accomplishment of the
inspections required by this AD must be established as specified in
paragraph (m)(1) or (m)(2) of this AD, as applicable.
(1) For airplanes that have been inspected in accordance with
this AD: The inspection of each PSE must be done by the new operator
in accordance with the previous operator's schedule and inspection
method, or the new operator's schedule and inspection method, at
whichever time would result in the earlier accomplishment date for
that PSE inspection. The compliance time for accomplishing this
inspection must be measured from the last inspection done by the
previous operator. After each inspection has been done once, each
subsequent inspection must be done in accordance with the new
operator's schedule and inspection method.
(2) For airplanes that have not been inspected in accordance
with this AD: The inspection of each PSE required by this AD must be
done either before adding the airplane to the air carrier's
operations specification, or in accordance with a schedule and an
inspection method approved by the Manager, Los Angeles ACO. After
each inspection has been done once, each subsequent inspection must
be done in accordance with the new operator's schedule.

Acceptable for Compliance

(n) McDonnell Douglas Report No. MDC 91K0262, ``DC-8 Aging
Aircraft Repair Assessment Program Document,'' Revision 1, dated
October 2000, provides inspection/replacement programs for certain
repairs to the fuselage pressure shell. Accomplishing these repairs
and inspection/replacement programs before the effective date of
this AD is considered acceptable for compliance with the
requirements of paragraphs (g) and (l) of this AD for repairs
subject to that document.
(o) Actions done before the effective date of this AD in
accordance with Boeing Report No. L26-011, ``DC-8 All Series
Supplemental Inspection Document (SID),'' Volume I, Revision 6,
dated July 2005, are acceptable for compliance with the
corresponding requirements of this AD.

Alternative Methods of Compliance (AMOCs)

(p)(1) The Manager, Los Angeles ACO, FAA, ATTN: Dara Albouyeh,
Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles
Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood,
California 90712-4137; telephone (562) 627-5222; fax (562) 627-5210;
has the authority to approve AMOCs for this AD, if requested using
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) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD, if it is approved by an
Authorized Representative for the Boeing Commercial Airplanes
Delegation Option Authorization Organization who has been authorized
by the Manager, Los Angeles ACO, to make those findings. For a
repair method to be approved, the repair must meet the certification
basis of the airplane and 14 CFR 25.571, Amendment 45, and the
approval must specifically refer to this AD.
(4) AMOCs approved previously in accordance with AD 93-01-15 are
approved as AMOCs for the corresponding provisions of this AD.

Material Incorporated by Reference

(q) You must use the service information identified in Table 2
of this AD to perform the actions that are required by this AD, as
applicable, unless the AD specifies otherwise.

Table 2--Material Incorporated by Reference
------------------------------------------------------------------------
Service information Revision level Date
------------------------------------------------------------------------
Boeing Report No. L26-011, 7................... March 2008.
``DC-8 All Series
Supplemental Inspection
Document (SID),'' Volume I.
McDonnell Douglas Report No. 3................... March 1991.
L26-011, ``DC-8
Supplemental Inspection
Document (SID),'' Volume I.
McDonnell Douglas Report No. 8................... January 2005.
L26-011, ``DC-8
Supplemental Inspection
Document (SID),'' Volume II.

[[Page 78939]]

McDonnell Douglas Report No. Original............ April 1991.
L26-011, ``DC-8
Supplemental Inspection
Document (SID),'' Volume
III-91.
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Boeing Report No. L26-011, ``DC-8 All Series Supplemental
Inspection Document (SID),'' Volume I, Revision 7, dated March 2008,
contains the following effective pages:

------------------------------------------------------------------------
Pages Revision Date
------------------------------------------------------------------------
List of Effective Pages, Pages A 7 March 2008.
through C.
------------------------------------------------------------------------

McDonnell Douglas Report No. L26-011, ``DC-8 Supplemental
Inspection Document (SID),'' Volume II, Revision 8, dated January
2005, contains the following effective pages:

------------------------------------------------------------------------
Pages Revision Date
------------------------------------------------------------------------
List of Effective Pages, Pages A 8 March 2008.
through L.
------------------------------------------------------------------------

(1) The Director of the Federal Register approved the
incorporation by reference of Boeing Report No. L26-011, ``DC-8 All
Series Supplemental Inspection Document (SID),'' Volume I, Revision
7, dated March 2008; and McDonnell Douglas Report No. L26-011, ``DC-
8 Supplemental Inspection Document (SID),'' Volume II, Revision 8,
dated January 2005; in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) On February 26, 1993 (58 FR 5576, January 22, 1993), the
Director of the Federal Register approved the incorporation by
reference of McDonnell Douglas Report No. L26-011, ``DC-8
Supplemental Inspection Document (SID),'' Volume I, Revision 3,
dated March 1991; and McDonnell Douglas Report No. L26-011, ``DC-8
Supplemental Inspection Document (SID),'' Volume III-91, dated April
1991.
(3) Contact Boeing Commercial Airplanes, Attention: Data &
Services Management, 3855 Lakewood Boulevard, MC D800-0019, Long
Beach, California 90846-0001; telephone 206-544-5000, extension 2;
fax 206-766-5683; e-mail dse.boecom@boeing.com; Internet https://
www.myboeingfleet.com.
(4) You may review copies of the service information that is
incorporated by reference at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington. For
information on the availability of this material at the FAA, call
425-227-1221 or 425-227-1152.
(5) You may also review copies of the service information 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/code_of_federal_
regulations/ibr_locations.html.

Issued in Renton, Washington, on November 26, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-29233 Filed 12-23-08; 8:45 am]

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