[Federal Register: December 24, 2008 (Volume 73, Number 248)]
[Rules and Regulations]
[Page 78946-78948]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24de08-10]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-0858; Directorate Identifier 2008-NM-054-AD;
Amendment 39-15773; AD 2008-26-07]
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-8-50 Series Airplanes; Model DC-8F-54 and DC-8F-55
Airplanes; Model DC-8-60 Series Airplanes; Model DC-8-60F Series
Airplanes; Model DC-8-70 Series Airplanes; and Model DC-8-70F Series
Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are adopting a new airworthiness directive (AD) for all
McDonnell Douglas airplanes identified above. This AD requires
repetitive inspections of the lower skin and stringers at stations
Xw=408 and Xw=-408, and corrective actions if necessary. This AD
results from reports of cracks in the skins and stringers at the end
fasteners common to the stringer end fittings at stations Xw= 408 and
Xw=-408 wing splice joints. We are issuing this AD to detect and
correct fatigue cracking in the skins and stringers at the end
fasteners common to the stringer end fittings at certain station and
wing splice joints, which could result in wing structure that might not
sustain limit load, and consequent loss of structural integrity of the
wing.
DATES: This AD is effective January 28, 2009.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 28,
2009.
ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Long Beach Division, 3855 Lakewood
Boulevard, Long Beach, California 90846, Attention: Data and Service
Management, Dept. C1-L5A (D800-0024); telephone 206-544-9990; fax 206-
766-5682; e-mail DDCS@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
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an airworthiness directive (AD) that would apply to
all 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-8-50
series airplanes; Model DC-8F-54 and DC-8F-55 airplanes; Model DC-8-60
series airplanes; Model DC-8-60F series airplanes; Model DC-8-70 series
airplanes; and Model DC-8-70F series airplanes. That NPRM was published
in the Federal Register on August 12, 2008 (73 FR 46823). That NPRM
proposed to require repetitive inspections of the lower skin and
stringers at stations Xw=408 and Xw=-408, and corrective actions if
necessary.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comment received from the commenters.
[[Page 78947]]
Request To Review Proposed Compliance Time for Accuracy
The Air Transport Association (ATA), on behalf of its member UPS,
requests that we review the compliance time specified in the NPRM
against Boeing Alert Service Bulletin DC8-57A102, dated February 12,
2008 (``the service bulletin''). UPS points out that the Relevant
Service Information section of the NPRM specifies a compliance time of
``Before the accumulation of 20,000 total flight cycles, or within
1,500 flight cycles or 2 years after the date of the service bulletin,
whichever occurs latest.'' UPS further points out that the compliance
time specified in the service bulletin is ``Before the accumulation of
20,000 total flight cycles, or within 1,500 flight cycles or 2 years
after the date of the service bulletin, whichever occurs first.'' UPS
prefers that the NPRM be revised to match the service bulletin.
We do not agree to revise the compliance time specified in this
final rule. However, we find that clarification is necessary because
the Relevant Service Information section of the NPRM does not
accurately reflect the compliance time specified in the service
bulletin.
It was our intent that the compliance time specified throughout the
NPRM match the compliance time specified in the service bulletin. The
Relevant Service Information section of the NPRM should have described
the compliance time specified in the service bulletin as follows:
``Whichever occurs later: (1) Before the accumulation of 20,000 total
flight cycles; or (2) within 1,500 flight cycles or 2 years after the
date of the service bulletin (whichever occurs first).'' Although it is
not clear in the NPRM that the grace period is the earlier of ``1,500
flight cycles or 2 years * * *,'' it is clear that the compliance time
is the later of 20,000 total flight cycles or the grace period (1,500
flight cycles or 2 years), as specified in the service bulletin.
Because paragraph (f) of the NPRM refers to paragraph 1.E.,
``Compliance,'' of the service bulletin as the appropriate source of
information for the compliance time for the proposed actions, our
intent was clear that the proposed compliance time for this AD match
the compliance time provided in the service bulletin. No change to this
final rule is necessary in this regard.
Conclusion
We reviewed the relevant data, considered the comment received, and
determined that air safety and the public interest require adopting the
AD as proposed.
Costs of Compliance
We estimate that this AD affects 87 airplanes of U.S. registry. 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 Parts Cost per product registered Fleet cost
per hour airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection............................... 6 $80 $0 $480, per inspection cycle.. 87 $41,760, per inspection
cycle.
--------------------------------------------------------------------------------------------------------------------------------------------------------
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 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
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.
You can find our regulatory evaluation and the estimated costs of
compliance in the AD Docket.
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 AD:
2008-26-07 McDonnell Douglas: Amendment 39-15773. Docket No. FAA-
2008-0858; Directorate Identifier 2008-NM-054-AD.
Effective Date
(a) This airworthiness directive (AD) is effective January 28,
2009.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all 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, DC-8-43,
DC-8-51, DC-8-52, DC-8-53, DC-8-55, DC-8F-54, DC-8F-55, DC-8-61, DC-
8-62, DC-8-63, DC-8-61F, DC-8-62F, DC-8-63F, DC-8-71, DC-8-72, DC-8-
73, DC-8-71F, DC-8-72F, and DC-8-73F airplanes; certificated in any
category.
[[Page 78948]]
Unsafe Condition
(d) This AD results from reports of cracks in the skins and
stringers at the end fasteners common to the stringer end fittings
at stations Xw=408 and Xw=-408 wing splice joints. We are issuing
this AD to detect and correct fatigue cracking in the skins and
stringers at the end fasteners common to the stringer end fittings
at certain station and wing splice joints, which could result in
wing structure that might not sustain limit load, and consequent
loss of structural integrity of the wing.
Compliance
(e) Comply with this AD within the compliance times specified,
unless already done.
Repetitive Inspections and Corrective Actions
(f) At the times specified in paragraph 1.E., ``Compliance,'' of
Boeing Alert Service Bulletin DC8-57A102, dated February 12, 2008
(``the service bulletin''), except as provided by paragraph (g) of
this AD: Do the applicable inspections for fatigue cracking of the
lower skin and stringers at stations Xw=408 and Xw=-408, and do all
applicable corrective actions, by accomplishing all applicable
actions specified in the Accomplishment Instructions of the service
bulletin, except as provided by paragraph (h) of this AD. Do all
corrective actions before further flight, in accordance with the
service bulletin. Thereafter, repeat the inspections at the
applicable intervals specified in paragraph 1.E. of the service
bulletin.
(g) Where Boeing Alert Service Bulletin DC8-57A102, dated
February 12, 2008 (``the service bulletin''), specifies a compliance
time after the date on the service bulletin, this AD requires
compliance within the specified compliance time after the effective
date of this AD.
(h) If any cracking is found during any inspection required by
this AD, and Boeing Alert Service Bulletin DC8-57A102, dated
February 12, 2008, specifies to contact Boeing for appropriate
action: Before further flight, repair the cracking using a method
approved in accordance with the procedures specified in paragraph
(i) of this AD.
Alternative Methods of Compliance (AMOCs)
(i)(1) The Manager, Los Angeles Aircraft Certification Office
(ACO), FAA, ATTN: Dara Albouyeh, Aerospace Engineer, Airframe
Branch, ANM-120L, 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) Accomplishing the requirements of this AD is an acceptable
AMOC with the requirements of paragraph (b) of AD 93-01-15,
amendment 39-8469, for those areas of principal structural element
57.08.037/038.
Material Incorporated by Reference
(j) You must use Boeing Alert Service Bulletin DC8-57A102, dated
February 12, 2008, to do the actions required by this AD, unless the
AD specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Long Beach Division, 3855 Lakewood
Boulevard, Long Beach, California 90846, Attention: Data and Service
Management, Dept. C1-L5A (D800-0024); telephone 206-544-9990; fax
206-766-5682; e-mail DDCS@boeing.com; Internet https://
www.myboeingfleet.com.
(3) 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.
(4) 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 December 12, 2008.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-30265 Filed 12-23-08; 8:45 am]
BILLING CODE 4910-13-P