[Federal Register Volume 75, Number 122 (Friday, June 25, 2010)]
[Proposed Rules]
[Pages 36298-36300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15400]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0639; Directorate Identifier 2009-NM-232-AD]
RIN 2120-AA64
Airworthiness Directives; McDonnell Douglas Corporation Model 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-8-61 Series Airplanes; Model DC-8-70
Series Airplanes; and Model DC-8-70F Series Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to supersede an existing airworthiness
directive (AD) that applies to all of the McDonnell Douglas Corporation
airplanes identified above. The existing AD currently requires revising
the maintenance program to incorporate new airworthiness limitations
for fuel tank systems to satisfy Special Federal Aviation Regulation
No. 88 requirements. This proposed AD would add requirements to revise
the maintenance program to incorporate specific Critical Design
Configuration Control Limitations (CDCCL) information and install fuel
tank float switch in-line fuses. This proposed AD would also add two
Airworthiness Limitations inspections (ALIs). This proposed AD results
from a design review of the fuel tank systems. We are proposing this AD
to prevent the potential for ignition sources inside fuel tanks caused
by latent failures, alterations, repairs, or maintenance actions,
which, in combination with flammable fuel vapors, could result in a
fuel tank explosion and consequent loss of the airplane.
DATES: We must receive comments on this proposed AD by August 9, 2010.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
For service information identified in this proposed 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
[email protected]; Internet https://www.myboeingfleet.com. You may
review copies of the referenced service information 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.
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 proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (telephone 800-647-5527) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.
FOR FURTHER INFORMATION CONTACT: Samuel Lee, Aerospace Engineer,
Propulsion Branch, ANM-140L, FAA, Los Angeles Aircraft Certification
Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137;
telephone (562) 627-5262; fax (562) 627-5210.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2010-0639;
Directorate Identifier 2009-NM-232-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
On April 4, 2008, we issued AD 2008-09-04, Amendment 39-15484 (73
FR 21523, April 22, 2008), for all Model 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 AD requires revising the
maintenance program to incorporate new airworthiness limitations for
fuel tank systems to satisfy Special Federal Aviation Regulation No. 88
requirements. That AD resulted from a design review of the fuel tank
systems. We issued that AD to prevent the potential for ignition
sources inside fuel tanks caused by latent failures, alterations,
repairs, or maintenance actions, which, in combination with flammable
fuel vapors, could result in a fuel tank explosion and consequent loss
of the airplane.
Actions Since Existing AD Was Issued
Since we issued AD 2008-09-04, we have been notified that the float
switch wires located on the leading edges of the left and right wings
at the front spar are routed in the same bundles as power wires. If a
short circuit between a float switch wire and a power wire occurs, an
over-current can cause excessive temperatures in the float switch
wires, resulting in damage. Adding an in-line fuse as a self-contained
component in
[[Page 36299]]
each float switch circuit will minimize the possibility of excessive
temperatures in the float switch wires. If not corrected, and if there
is a short circuit of the float switch wire to a power wire, possible
damage to the float switch wire could occur, and it could become a
potential ignition source into the fuel tank and consequently cause
fire or an explosion.
Relevant Service Information
We have reviewed Boeing Service Bulletin DC8-28-090, dated October
9, 2009. This service bulletin describes procedures for installing fuel
tank float switch in-line fuses in the front spar of the leading edges
of the left and right wings. This service bulletin references CDCCL 20-
10 from Boeing Special Compliance Item Report, MDC-02K9030, Revision B,
dated July 23, 2009. Boeing DC-8 Special Compliance Item Report, MDC-
02K9030, Revision B, dated July 23, 2009, adds CDCCL 20-10 ``DC-8 Float
Switch Circuit,'' and also adds ALI 30-1 for a pneumatic system decay
check to minimize the risk of hot air impingement on the fuel tank.
Boeing DC-8 Special Compliance Item Report, MDC-02K9030, Revision C,
dated January 5, 2010, adds ALI 28-1, ``DC-8 Alternate and Center
Auxiliary Tank Fuel Pump Control Systems Check.''
FAA's Determination and Requirements of the Proposed AD
We have evaluated all pertinent information and identified an
unsafe condition that is likely to develop on other airplanes of the
same type design. For this reason, we are proposing this AD, which
would supersede AD 2008-09-04 and would retain the requirements of the
existing AD. This proposed AD would also require accomplishing the
actions specified in the service information described previously.
Changes to Existing AD
This proposed AD would retain all requirements of AD 2008-09-04.
Since AD 2008-09-04 was issued, the AD format has been revised, and
certain paragraphs have been rearranged. As a result, the corresponding
paragraph identifiers have changed in this proposed AD, as listed in
the following table:
Revised Paragraph Identifiers
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Corresponding requirement in this
Requirement in AD 2008-09-04 proposed AD
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paragraph (f) paragraph (g)
paragraph (g) paragraph (h)
paragraph (h) paragraph (i)
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AD 2008-09-04 allowed the use of later revisions of the
airworthiness limitations. That provision has been removed from this
AD. Allowing the use of ``a later revision'' of specific service
documents violates Office of the Federal Register regulations for
approving materials that are incorporated by reference. We have added
paragraph (m) to this AD to allow incorporation of Boeing DC-8 Special
Compliance Item Report, MDC-02K9030, Revision B, dated July 23, 2009;
and Revision C, dated January 5, 2010; as a method of compliance with
the requirements of paragraph (g) of this AD. Affected operators,
however, may request approval to use a later revision of the referenced
service documents as an alternative method of compliance, under the
provisions of paragraph (o) of this AD.
Costs of Compliance
There are about 125 airplanes of the affected design in the
worldwide fleet. The following table provides the estimated costs for
U.S. operators to comply with this proposed AD.
Estimated Costs
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Average Number of U.S.-
Action Work hours labor rate Parts Cost per airplane registered Fleet cost
per hour airplanes
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Revising the Maintenance Program 1........................ $85 $0 $85...................... 125 $10,625.
(required by AD 2008-09-04).
Revising the Airworthiness 1........................ 85 0 $85...................... 125 $10,625.
Limitation Section (new proposed
action).
Installing fuses (new proposed Up to 35................. 85 0 Up to $2,975............. 125 Up to $371,875.
action).
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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
We have determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 the proposed
regulation:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the 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 proposed 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.
[[Page 36300]]
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
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]
2. The FAA amends Sec. 39.13 by removing Amendment 39-15484 (73 FR
21523, April 22, 2008) and adding the following new AD:
McDonnell Douglas Corporation: Docket No. FAA-2010-0639; Directorate
Identifier 2009-NM-232-AD.
Comments Due Date
(a) The FAA must receive comments on this AD action by August 9,
2010.
Affected ADs
(b) This AD supersedes AD 2008-09-04, Amendment 39-15484.
Applicability
(c) This AD applies to all McDonnell Douglas Model 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; certificated in any category.
Note 1: This AD requires revisions to certain operator
maintenance documents to include new inspections. Compliance with
these inspections is required by 14 CFR 91.403(c). For airplanes
that have been previously modified, altered, or repaired in the
areas addressed by these inspections, the operator may not be able
to accomplish the inspections described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must
request approval for an alternative method of compliance (AMOC) in
accordance with paragraph (o) of this AD. The request should include
a description of changes to the required inspections that will
ensure the continued operational safety of the airplane.
Subject
(d) Air Transport Association (ATA) of America Code 28: Fuel.
Unsafe Condition
(e) This AD results from a design review of the fuel tank
systems. The Federal Aviation Administration is issuing this AD to
prevent the potential for ignition sources inside fuel tanks caused
by latent failures, alterations, repairs, or maintenance actions,
which, in combination with flammable fuel vapors, could result in a
fuel tank explosion and consequent loss of the airplane.
Compliance
(f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Restatement of Requirements of AD 2008-09-04, With Revised Compliance
Method
Revise the Maintenance Program
(g) Before December 16, 2008, revise the maintenance program to
incorporate the information specified in Appendixes B, C, and D of
the Boeing DC-8 Special Compliance Item Report, MDC-02K9030,
Revision A, dated August 8, 2006.
No Reporting Requirement
(h) Although the Boeing DC-8 Special Compliance Item Report,
MDC-02K9030, Revision A, dated August 8, 2006, specifies to submit
certain information to the manufacturer, this AD does not require
that action.
No Alternative Inspections, Inspection Intervals, or Critical Design
Configuration Control Limitations (CDCCLs)
(i) Except as provided by paragraph (m) of this AD, after
accomplishing the applicable actions specified in paragraph (g) of
this AD, no alternative inspections, inspection intervals, or CDCCLs
may be used unless the inspections, intervals, or CDCCLs are
approved as an AMOC in accordance with the procedures specified in
paragraph (o) of this AD.
New Requirements of This AD
Revise the Maintenance Program
(j) Within 30 days after the effective date of this AD, revise
the maintenance program to incorporate the information required by
paragraphs (j)(1), (j)(2), and (j)(3) of this AD.
(1) CDCCL 20-10, ``DC-8 Float Switch Circuit'' in Appendix B of
Boeing DC-8 Special Compliance Item Report, MDC-02K9030, Revision C,
dated January 5, 2010.
(2) ALI 30-1 ``DC-8 Pneumatic System Decay Check'' in Appendix C
of Boeing DC-8 Special Compliance Item Report, MDC-02K9030, Revision
C, dated January 5, 2010.
(3) ALI 28-1, ``DC-8 Alternate and Center Auxiliary Tank Fuel
Pump Control Systems Check,'' in Appendix C of Boeing DC-8 Special
Compliance Item Report, MDC-02K9030, Revision C, dated January 5,
2010.
Install the In-Line Fuses
(k) Within 60 months after the effective date of this AD,
install the fuel tank float switch in-line fuses in the leading
edges of the front spars of the left and right wings, in accordance
with the Accomplishment Instructions of Boeing Service Bulletin DC8-
28-090, dated October 9, 2009.
No Alternative Inspections, Inspection Intervals, or Critical Design
Configuration Control Limitations (CDCCLs)
(l) After accomplishing the actions specified in paragraph (k)
of this AD, no alternative inspections, inspection intervals, or
CDCCLs may be used unless the inspections, intervals, or CDCCLs are
approved as an AMOC in accordance with the procedures specified in
paragraph (o) of this AD.
(m) Revising the maintenance program to incorporate the
information specified in Appendixes B, C, and D of the Boeing DC-8
Special Compliance Item Report, MDC-02K9030, Revision B, dated July
23, 2009; or Revision C, dated January 5, 2010; is an acceptable
method of compliance with the actions specified in paragraph (g) of
this AD.
No Reporting Requirement
(n) Although the Boeing DC-8 Special Compliance Item Report,
MDC-02K9030, Revision B, dated July 23, 2009; and Revision C, dated
January 5, 2010; specify to submit certain information to the
manufacturer, this AD does not require that action.
Alternative Methods of Compliance (AMOCs)
(o)(1) The Manager, Los Angeles Aircraft Certification Office
(ACO), FAA, has the authority to approve AMOCs for this AD, if
requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Samuel Lee, Aerospace Engineer, Propulsion
Branch, ANM-140L, FAA, Los Angeles Aircraft Certification Office
(ACO), 3960 Paramount Boulevard, Lakewood, California 90712-4137;
telephone (562) 627-5262; fax (562) 627-5210.
(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 principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.
Issued in Renton, Washington, on June 21, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-15400 Filed 6-24-10; 8:45 am]
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