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[Federal Register: June 25, 2010 (Volume 75, Number 122)]
[Proposed Rules]               
[Page 36298-36300]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25jn10-10]                         

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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 
dse.boecom@boeing.com; 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
------------------------------------------------------------------------
                                      Corresponding  requirement in this
    Requirement in AD 2008-09-04                 proposed AD
------------------------------------------------------------------------
             paragraph (f)                        paragraph (g)
             paragraph (g)                        paragraph (h)
             paragraph (h)                        paragraph (i)
------------------------------------------------------------------------

    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
--------------------------------------------------------------------------------------------------------------------------------------------------------
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]
BILLING CODE 4910-13-P
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