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CP-L4L-15-00122 May I, 2015

U.S. Department ofTransportation Docket Operations M-30 1200 NewJersey Avenue, SE Room WI2-140, West Bldg. Ground Floor Washington DC 20590-0001 ·-.j



### Attention: FAA Transport Airplane Directorate 

### Applicant: The Boeing Company Boeing Commercial Airplanes 

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Southern California Engineering Design Center 2401 E. Wardlow Road, Mail Code D800-0022 Long Beach, CA 90807-5309
Contact: Mr. Thomas A. Enyart Email: Thomas.a.Envart@boeing.com Phone: (562) 797-8956 Seal Beach, CA 90740-1515 The BoeingCompany 2401 E. Wardlow Road Long Beach, CA 90807-5309

Subject: Petition for Exemption from 14 CFR §Part 26, 26.21 (b)(2)(ii) for the Boeing Model DC-8 airplanes as related to the list ofmaintenance actions not yet developed. 

### References: (a) Docket No. F AA-2006-2481, Widespread Fatigue Damage issued May 24, 2012, Title 14, Code ofFederal Regulations (14 CFR) 26.21(b)(ii) (b) Boeing Document MDC 12K9001 DC-8 Widespread Fatigue Damage Summary Document, datedJuly 11,2012 (c) Boeing Letter RA-14-01655 dated April 10,2014 Petition for Exemptionfrom Title 14, Code of Federal Regulations (14 CFR) 26.21(b)(ii) ,"LimitofValidity", for Model 737CL



### Certification Item No: 47984
The Boeing Company respectfully submitsthe enclosed Petition for Exemption from the Title 14 Code ofFederal Regulations §Part 26, 26.21 (b)(2)(ii) for the Boei"ng Model DC-8 airplanes as related to the list ofmaintenance actions not yetdeveloped. The original Boeing Inspection Start Point (ISP) maintenance calculation has significantly changed with the DC8 fleet reduction.
Within the reference (a) Widespread Fatigue Damage (WFD) final rule, §26.21(b)(2)(ii) requires a Type Certificate Holder (TCH)to submit a list identifying each ofthose maintenance actions for which service information has not been mandated by airworthiness directive as ofJanuary 14,Page 2of3 CP-L4L-15-00122


### 20II and a binding schedule for providing in a timely manner the necessary service information for those actions.
Reference (b), the Boeing DC-8 Widespread Fatigue Damage Summary Document, provides the list ofthose maintenance actions not yet in the form ofBoeing service bulletins (SB) as well as a bindingdate by which those maintenance actions will be issued as new SBs and will be submitted to the FAA. The Boeing proposed SBs to be published, would address the DC-8 wing lower skin for some DC-8 airplanes and which has a binding schedule date ofSeptember30th 2016 for submittal ofthe new inspection SB to the FAA.
After the binding schedule for submittal ofthe revised SBs in reference (b) was approved, further WFD analysis ofthe structure addressed in the proposed new service bulletin revealed that the Inspection Start Point (ISP) would occurafterthe Limit ofYalidity (LOY) for the remaining DC8 series airplanes. At the LOY, any active airplanes would be withdrawn from service. In light ofthis, there is no need for Boeingto publish a new service bulletin. As a result, Boeing is respectfully petitioning that the service action with proposed new SB as listed in reference (b) be exempted from the 14 CFR §26.21(b)(2)(ii) aspects ofthe applicability ofthe reference (a) final rule. Boeing previously submitted a request for a similarexemption reference (c) for a WFD related 737CL proposed revision to an existing 737CL service bulletin. This request was granted as ExemptionNo. II026. Background As the result ofa WFD analysis a proposed new service bulletin was required in response to the reference (a) Widespread Fatigue Damage rule and to meet the commitments ofthe binding schedule contained in reference (b). The publication ofa proposed new service bulletin would provide instructions to repetitively inspect the lower wing skin at the outerrow offasteners of the external production doublers at wing station Xw

## =408, no laterthan an Inspection Start Point (ISP). The original DC-8 fleet-consisted of556 airplanes. The proposed new service bulletin would be addressing only the 139 DC-8 airplanes constructed with the external doublers configuration. Of these 139 airplanes, Ill are believed to be permanently out ofservice. Last yearthe potentially active fleet for all DC-8 series aircraft was 33 airplanes, but at least 5 ofthose were built without the external doublerconfiguration. Boeing assumed the potentially active DC-8 fleet with the external doublerconfiguration was 28 worldwide. Out of33 DC-8s, only 12 ofthose reported being commercially active in the world during most recent 36 month period, and less than 5 active DC-8 aircraft in the last 18 months. Therefore, Boeing used 28 potentially active airplanes with the doublerconfiguration in the most recent re-analysis. At the time ofthe original WFD Part 26 rule compliance date Boeing did not anticipate the rapid acceleration ofthe rate ofpermanent retirements for DC-8 series aircraft. Operators ofthe DC-8 reported 90 commercially operated airplanes in 2008. Operators ofthe DC-8 reported over 30 commercially operated airplanes during 20II. Early last yearoperators reported only a couple airplanes in commercial operation. At present no DC-8 operators, with this structural doubler configuration, are reporting commercial flights. *Sincethe most recently active airplanes each had a 20,000 flight cycle margin prior to LOY, even ifthese airplanes were returned to service, the chances any ofthese airplanes reachingthe proposed ISP or LOY limit before retirement is highly unlikely.Page3of3 CP-L4L-15-00122



### • Note: There are two governmentowned and operated DC-8s that have flights which are not commercial but these were still accounted for in the 28 airplanes counted as potentially active last year used in the most recent re-analysis. Noting that a conservative analysis approach was used originally, the WFD analysis was recalculated and the resulting Inspection Start Point (ISP) exceedsthe LOY of56,000 flight cycles for these airplanes. Boeing met with the LosAngeles Aircraft Certification Office (LAACO) on April 30, 2015 to presentthe specific.details ofthe technical analysis. The FAA accepted the analysis as presented. Therefore, no additional service actions are required to address WFD and there is no reason to issue a proposed new service bulletin bythe binding schedule date ofSeptember30, 2016.


### Safety The recalculated ISP for the maintenance actions for the proposed new service bulletin exceeds the LOY. At the LOY, any active airplanes would be withdrawn from service. In light ofthis, there is no need for Boeingto publish a new service bulletin.



### Justification for Exemption: The DC8 fleet has reduced significantly with no commercial operations reported this yearto Boeing. Exemption ofthe proposed new service bulletin from the requirements of 14 CFR 26.21(b)(2)(ii) would have no adverse affect on pub!ic safety. Exclusion ofthe proposed new service bulletin from the requirements of 14 CFR 26.21(b)(2)(ii) would permit The Boeing Companyto apply more resources to the development ofthe widespread fatigue damagedata for those remaining proposed orexisting SBs to which the rule is applicable. The Boeing Company also considers that the granting ofthis exemption would negate the need for FAA to evaluate the data required to support compliance with these regulations for the proposed new service bulletin. Therefore, grantingthis exemption would reduce the burden on FAA resources and consequently public expenditure.
Sincerely,

Tim Hendrix Manager, Certification & 

### Airworthiness Southern California Engineering Design Center Boeing Commercial Airplanes (562) 593-7074, MC 0800-0022 TE/DP:ap Enclosure: Reference (c)

## APR 

## U 02014

RA-14-01655 The BOeing Company P.O. Box 3707 Seattle. WA 98124-2207



### U.S. Department ofTransportation Docket Operations, M-30 1200 New Jersey Avenue S.E. Room Wl2-140, West Bldg. Ground Floor Washington, DC 20590-0001 

### Subject:

Model: RA Project No.: EASA ProjectNo.: EASA Level: Reference(s):

Special Instructions:

This letter is to submit: Petition for Exemption from Title 14, Code ofFederal Regulations ( 14 CFR) 26.21(b)(2)(ii), "limitof Validity", for Model 737CL 737CL 

### NIA NIA NIA (a) Docket No. FAA-2006-24281, Widespread Fatigue Damage, issued May 24, 2012 (b) Boeing Document D6-84905, Boeing 737CL WFDILOV Compliance Document 14 CFR 26 Subpart C, Revision B. dated May 15, 2013 (c) Boeing Service Bulletin 737-52A1038 (d) Boeing Letter RA-13-05307 dared November 26, 2013 Please forward a copy to FAA SpecialistAlan Rauschendorfer (ANM-1OOS)

(X) Petition for Exemption 

### This Jetter is being sentfor: (X) Regulatory Review/Approval The Boeing Companyrespectfully submits the enclosed Petition for Exemption from the Title 14 Code ofFederal Regulations Part 26, 26.21 (b)(2)(ii) for the Boeing Model 737CL airplanes as related to th.e list ofmaintenance actions not mandated byAirworthiness Directives. The subject letter supersedes the reference (d) letter dated November 26, 2013.I

# ~O.EIND APR U 02014 Page 2 U:S. 

### Department ofTransportation RA 14-01655

Please contactthis office orthe following individuals ifyou have further questions: (X) Project Administrator(PA): Debra Dean at 425-717-1165 Sincerely,

# /-1~ /or Douglas M. Lane Director Commercial Airplanes (425) 237-1383, MC 03-56 FAX: (425) 294-9340 Enclosures:

cc Petition for Exemption from 14 CFR 26.21(b)(2)(ii) for Model 737 CL (3)

Name Enclosures Share Comments Point Mr. P. Adjibly No X FAA 737 Program Mgr., 6Y-Ol Mr. D. Tsuji No X 6Y-01 737 Mr. A. Lam No X FAA LAACO Out ofProduction Program Mgr.

### Enclosure to RA-14-01655 Page 1 of 3


## A. Name andAddress of thePetitioner Douglas M. lane Director Commercial Airplanes {425) 237-1383, MC 03-56 Fax: (425) 294-9340 

## B. Section of the Code of FederalRegulations (CFRs) thatareAffected As provided for in §11.61(b), per §11.81, Boeing hereby petitions for exemption from thefollowing 14 CFR forthe model 737-200C: Regulation Amendment Requirement 14 CFR §26.21(b)(2)(ii) 26-6 (ii) For those maintenance actions forwhich service information has not been issued as ofthe applicable compliance date specified in paragraph (c) ofthis section, a list identifying each ofthose actions and a binding schedule for providing in atimely mannerthe necessary service information for those actions. Once the FAA Oversight Office approves this schedule, each person identified in paragraph (c) ofthis section must comply with that schedule


### C. 

## The Extentof Relief BeingSought Regulation Requirement Why relief is necessary 14 CFR Provide a list of Within the reference (a) Widespread Fatigue Damage final rule, §26.21(b)(2)(ii) service bulletins §26.21(b)(2)(ii) requires aType Certificate Holder (TCH) to at Amdt 26-6 (SB) forwhich submit a list identifying each ofthose maintenance actions for revision is required which service information has not been mandated by to address airworthiness directive as ofJanuary 14, 2011 and a binding Widespread schedule for providing in atimely mannerthe necessary service Fatigue Damage information forthose actions. (WFD) and a binding schedule Reference (b), the Boeing 737Cl WFD/LOV Compliance by which those Document, provides the list ofthose maintenance actions in the service bulletins form of Boeing Service Bulletins (SB) as well as a binding date by are to be which revisions ofthose SBs will be submitted tothe FAA. submitted to the Included in the listing ofSBs to be revised is the reference (c) FAA for review and Service Bulletin which addresses the main deck cargo door hinge approval. area on the a number of737-200C airplanes and which has a binding schedule date ofJuly 14, 2014 forsubmittal ofthe revision to the FAA.
Afterthe binding schedule forsubmittal ofthe revised SBs in reference (b) was approved, further WFD analysis ofthe structure addressed in the reference (c) Service Bulletin revealed thatthe Inspection Start Point {ISP) would occur afterthe limit ofValidity (LOV) for these airplanes. At the LOV, any active airplanes would be withdrawn from service. In light ofthis,

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### Enclosure to RA-14-01655 

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there is no need for Boeing to revise the reference (c) Service Bulletin. As a result, Boeing is respectfully petitioningthatthe revision of reference (c) SB as listed in reference (b) be exempted from the 14 CFR §26.21(b)(2)(ii) aspects ofthe applicability ofthe reference (a) final rule.


## D. Description of theIssue A revision to the reference (c) Service Bulletin was required in response tothe reference (a) Widespread Fatigue Damage rule and to meetthe commitments ofthe binding schedule contained in reference (b). The revision tothe reference (c) Service Bulletin would provide instructions to inspect the outerskin of the main deck cargo door belowthe hinge line at an Inspection Start Point (ISP) and to install a modification/repairat or before the Structural Modification Point (SMP). The revision ofthe reference (c) Service Bulletin would be addressing atotal of33 737-200C airplanes. Ofthese 33 airplanes, 30 are permanently out ofservice or exceed their Limit ofValidity (LOV). One airplane is embargoed and the remaining two that would need service action are not N-registered and it is anticipated thatthey will neverfly into US airspace. One airplane, L/N 309, is located in the Republic of South Africa, has notflown since April 2006 and is in long term storage. The otherairplane, L/N 295, is located in the Cote D'lvoire and hasn't shown any activityfor at least the past 12 months. It is anticipated that these two airplanes will never be operated under Parts 121 or 129. Afterthe conclusion was reached that the affected fleet consisted ofonly two potentially active airplanes and notingthat a conservative analysis approach was used, the WFD analysis was re-calculated resulting in an Inspection Start Point (ISP) that exceeds the LOV of75,000 cycles forthese airplanes. Therefore, no additional service actions are required to address WFD and there is no reason to revise the reference (c) Service Bulletin by the binding schedule date ofJuly 14, 2014. 

## E. Statementof PublicInterest Exclusion ofthe revision ofthe reference (c) Service Bulletin from the requirements of 14 CFR §26.21(b)(2)(ii) would permit The Boeing Company to apply more resources tothe development ofthe widespread fatigue damage data forthose remaining SBs to which the rule is applicable. The Boeing Company also considers thatthe granting ofthis exemption would negate the need for FAA to evaluate the data required to support compliance with these regulations for the revision ofthe reference (c) Service Bulletin. Therefore, grantingthis exemption would, in turn, reduce the burden on FAA resources and consequently public expenditure. 

## F. Statementof NoAdverseEffecton Safety The recalculated ISP forthe maintenance actions forthe revision ofthe reference (c) Service Bulletin exceeds the LOV. In the unlikely event that either ofthetwo airplanes in the affected fleet is ever returned to aflyable condition, theywill have been removed from service at the LOV point priorto the ISP. 

## G. Conclusion Exemption ofthe revision ofthe reference (c) Service Bulletin from the requirements of 14 CFR §26.21(b)(2)(ii) would have no adverse effect on public safety and permit The Boeing Company to apply more resources to the development ofthe widespread fatigue damage data forthose SBs to which the rule is applicable.

### Enclosure to RA-14-01655



## H. Privileges of this Exemption Outside the UnitedStates Extension ofthis exemption is not required outside ofthe United States. 

## Summaryto bePublishedin the FederalRegister PETITIONER: Boeing Commercial Airplanes SECTION OF 14 CFR AFFECTED: 14 CFR §26.21(b)(2)(ii) Amendment 26-6 

### Page 3 of 3

DESCRIPTION OF RELIEF SOUGHT: The Boeing Company petitions for an exemption to 14 CFR §26.21(b)(2)(ii) forthe revision ofService Bulletin 737-52A1038 as listed in Boeing Document D6-84905, Boeing 737CL WFD/LOV Compliance Document 14 CFR 26 Subpart Cin this Petition. This petition for exemption is based on the fact that awidespread fatigue damage (WFD) re-analysis has shown that the Inspection Start Point (ISP) forthe service actions forthe aircraft listed in Service Bulletin 737-52A1038 would occur afterthe aircraft had reached the Limit ofValidity (LOV) atwhich point they would be required to be withdrawn from service. Exemption ofthe revision ofService Bulletin 737-52A1038 from the requirements of 14 CFR §26.21(b)(2)(ii) would have no adverse effect on public safety.