This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

46823 

Vol. 73, No. 156 

Tuesday, August 12, 2008 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0858; Directorate 

Identifier 2008–NM–054–AD] 

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: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for all 

McDonnell Douglas airplanes identified 

above. This proposed AD would require 

repetitive inspections of the lower skin 

and stringers at stations Xw = 408 and 

Xw = ¥408 and corrective actions if 

necessary. This proposed AD results 

from reports of cracks in the skins and 

stringers at the end fasteners common to 

the stringer end fittings at station Xw = 

408 and Xw = ¥408 wing splice joints. 

We are proposing this AD to detect and 

correct fatigue cracking in the skins and 

stringers at the end fasteners common to 

the stringer end fittings at a 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: We must receive comments on 

this proposed AD by September 26, 

2008. 

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 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). 

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: 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: 

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–2008–0858; Directorate Identifier 

2008–NM–054–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 

We have received numerous reports of 

cracks in the skins and stringers at the 

end fasteners common to the stringer 

end fittings at station Xw = 408 and Xw 

= ¥408 wing splice joints. Results of an 

investigation conducted by Boeing 

Engineering revealed the cracks were 

due to fatigue. The area where the 

cracks were found is identified as a 

principal structural element (PSE). The 

earliest cracks were discovered at 

21,519 total flight cycles, and 58,935 

total flight hours. The cracks were 

discovered by visual inspections and 

findings of fuel leaks. In addition to 

unscheduled maintenance for repair of 

the PSE, this condition, if not corrected, 

could result in wing structure that might 

not sustain limit load, and consequent 

loss of structural integrity of the wing. 

Relevant Service Information 

We have reviewed Boeing Alert 

Service Bulletin DC8–57A102, dated 

February 12, 2008. The service bulletin 

describes the following procedures. 


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46824 Federal Register / Vol. 73, No. 156 / Tuesday, August 12, 2008 / Proposed Rules 

DESCRIBED ACTIONS AND COMPLIANCE TIMES

Condition Action Compliance times 

Initial inspection for all airplanes ........................ Do initial high frequency eddy current (HFEC) 

inspection of the lower wing skin or stringers at the affected fastener hole areas— 

stations Xw = 408 and Xw = ¥408, stringers 51 to 64 (for sequence 101, inspection 

sequence 1, inspection method 01; or sequence 103, inspection sequence 1, inspection method 03), or a visual inspection of 

any accessible area along the cross section 

of the stringer in the area of the affected 

fastener holes (for sequence 102, inspection sequence 1, inspection method 02).

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. 

Condition 1: No cracks at any of the locations— 

and prior inspection was done by external 

skin eddy current inspection as given in sequence 103.

Repeat the HFEC or visual inspection, as applicable.Intervals not to exceed 600 flight cycles after 

doing the external skin eddy current inspection. 

Condition 1: No cracks at any of the locations— 

prior inspection was done by external skin 

eddy current inspection as given in sequence 

103—and—internal stringer inspection as 

given in sequence 101 or 102 is done.

Repeat the HFEC or visual inspection, as applicable.Intervals not to exceed 1,200 flight cycles 

after doing the external skin eddy current 

inspection and internal stringer inspection. 

Condition 2: Skin cracks less than 3.7 inches 

long in wing skin at stringer end fittings.

Repair crack and repeat the applicable inspection specified for Condition 2, as applicable.Before further flight (repair only). 

Condition 2: Skin cracks less than 3.7 inches 

long in wing skin at stringer end fittings— 

and prior inspection was done by external 

skin eddy current inspection as given in sequence 103.

Repeat the HFEC or visual inspection, as applicable.Intervals not to exceed 600 flight cycles after 

doing the external skin eddy current inspection. 

Condition 2: Skin cracks less than 3.7 inches 

long in wing skin at stringer end fittings— 

and prior inspection was done by external 

skin eddy current inspection as given in sequence 103—and—internal stringer inspection as given in sequence 101 or 102 is done.

Repeat the HFEC or visual inspection, as applicable.Intervals not to exceed 1,200 flight cycles 

after doing the external skin eddy current 

inspection and internal stringer inspection. 

Condition 3: Skin cracks greater than 3.7 

inches at stringer end fittings.

Contact Boeing for repair instructions ............. Before further flight. 

Condition 4: Stringer cracks at stringer end fittings.Repair crack and repeat the applicable inspection specified for Condition 4, as applicable.Before further flight (repair only). 

Condition 4: Stringer cracks at stringer end fittings—and prior inspection was done by external skin eddy current inspection as given 

in sequence 103.

Repeat the HFEC or visual inspection, as applicable.Repeat at intervals not to exceed 600 flight 

cycles after doing the external skin eddy 

current inspection. 

Condition 4: Stringer cracks at stringer end fittings—and prior inspection was done by external skin eddy current inspection as given 

in sequence 103—and—internal stringer inspection as given in sequence 101 or 102 is 

done.

Repeat the HFEC or visual inspection, as applicable.Repeat at intervals not to exceed 1,200 flight 

cycles after doing the external skin eddy 

current inspection and internal stringer inspection. 

Condition 5: Cracks at more than two adjacent 

stringers.

Contact Boeing for repair instructions ............. Before further flight. 

FAA’s Determination and Requirements 

of This Proposed AD 

We are proposing this AD because we 

evaluated all relevant information and 

determined the unsafe condition 

described previously is likely to exist or 

develop in other products of the(se) 

same type design(s). This proposed AD 

would require accomplishing the 

actions specified in the service 

information described previously, 

except as discussed under ‘‘Difference 

Between the Proposed AD and the 

Service Bulletin.’’

Difference Between the Proposed AD 

and the Service Bulletin 

The service bulletin specifies to 

contact the manufacturer for 

instructions on how to repair certain 

conditions, but this proposed AD would 

require repairing those conditions in 

one of the following ways: 

• Using a method that we approve; or 

• Using data that meet the 

certification basis of the airplane, and 

that have been approved by an 

Authorized Representative for the 

Boeing Commercial Airplanes 

Delegation Option Authorization 

Organization whom we have authorized 

to make those findings. 

Costs of Compliance 

We estimate that this proposed AD 

would affect 87 airplanes of U.S. 

registry. The following table provides 

the estimated costs for U.S. operators to 

comply with this proposed AD. 


yshivers on PROD1PC62 with PROPOSALS
Federal Register / Vol. 73, No. 156 / Tuesday, August 12, 2008 / Proposed Rules 46825 

ESTIMATED COSTS

Action Work hours 

Average 

labor rate 

per hour 

Parts Cost per product 

Number of 

U.S.-registered 

airplanes 

Fleet cost 

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 

We 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 this 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. 

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, Safety. 

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. 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new AD: 

McDonnell Douglas: Docket No. FAA–2008–

0858; Directorate Identifier 2008–NM–

054–AD. 

Comments Due Date 

(a) We must receive comments by 

September 26, 2008. 

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. 

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 a 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, 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, 

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. 


yshivers on PROD1PC62 with PROPOSALS
46826 Federal Register / Vol. 73, No. 156 / Tuesday, August 12, 2008 / Proposed Rules 

Issued in Renton, Washington, on July 31, 

2008. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E8–18560 Filed 8–11–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

24 CFR Part 15 

[Docket No. FR–5206–P–01] 

RIN 2501–AD39 

Public Access to HUD Records Under 

the Freedom of Information Act (FOIA) 

and Production of Material or 

Provision of Testimony by HUD 

Employees: Revisions to Policies and 

Practices Regarding Subpoenas and 

Other Demands for Testimony 

AGENCY: Office of the Secretary, HUD. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule would 

modify HUD’s policies and practices 

regarding responses to subpoenas and 

other demands for testimony of HUD 

employees, or for production of 

documents by HUD. This proposed rule 

would delegate authority to additional 

officials within HUD’s Office of General 

Counsel and would revise the criteria 

used to evaluate such demands. Finally, 

this rule would eliminate unnecessary 

provisions covering HUD’s response to 

demands in cases in which the United 

States is a party to the case in which 

testimony or documents are requested. 

DATES: Comment Due Date: October 14, 

2008. 

ADDRESSES: Interested persons are 

invited to submit comments regarding 

this proposed rule to the Regulations 

Division, Office of General Counsel, 

Department of Housing and Urban 

Development, 451 Seventh Street, SW., 

Room 10276, Washington, DC 20410–

0500. Communications must refer to the 

above docket number and title. There 

are two methods for submitting public 

comments. All submissions must refer 

to the above docket number and title. 

1. Submission of Comments by Mail. 

Comments may be submitted by mail to 

the Regulations Division, Office of 

General Counsel, Department of 

Housing and Urban Development, 451 

Seventh Street, SW., Room 10276, 

Washington, DC 20410–0500. 

2. Electronic Submission of 

Comments. Interested persons may 

submit comments electronically through 

the Federal eRulemaking Portal at 

www.regulations.gov. HUD strongly 

encourages commenters to submit 

comments electronically. Electronic 

submission of comments allows the 

commenter maximum time to prepare 

and submit a comment, ensures timely 

receipt by HUD, and enables HUD to 

make them immediately available to the 

public. Comments submitted 

electronically through the 

www.regulations.gov Web site can be 

viewed by other commenters and 

interested members of the public. 

Commenters should follow the 

instructions provided on that site to 

submit comments electronically. 

Note: To receive consideration as public 

comments, comments must be submitted 

through one of the two methods specified 

above. Again, all submissions must refer to 

the docket number and title of the rule. No 

Facsimile Comments. Facsimile (FAX) 

comments are not acceptable. 

Public Inspection of Public 

Comments. All comments and 

communications submitted to HUD will 

be available, without charge, for public 

inspection and copying between 8 a.m. 

and 5 p.m. weekdays at the above 

address. Due to security measures at the 

HUD Headquarters building, an advance 

appointment to review the public 

comments must be scheduled by calling 

the Regulations Division at 202–402–

3055 (this is not a toll-free number). 

Individuals with speech or hearing 

impairments may access this number 

via TTY by calling the Federal 

Information Relay Service at 1–800–

877–8339. Copies of all comments 

submitted are available for inspection 

and downloading at 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Nancy Christopher, Associate General 

Counsel for Litigation, Office of 

Litigation, Office of General Counsel, 

Department of Housing and Urban 

Development, 451 Seventh Street, SW., 

Room 10258, Washington, DC 20410–

0500; telephone number 202–708–0300 

(this is not a toll-free telephone 

number). Persons with hearing or 

speech impairments may access this 

number via TTY by calling the toll-free 

Federal Information Relay Service at 1–

800–877–8339. 

SUPPLEMENTARY INFORMATION: 

I. Background 

HUD’s regulations at 24 CFR part 15 

describe the policies and procedures 

governing public access to HUD records 

under the Freedom of Information Act 

(FOIA) (5 U.S.C. 552) and the policies 

and procedures governing the 

production of material or provision of 

testimony by HUD employees. On 

February 26, 2007 (72 FR 8580), HUD 

published a final rule to clarify and 

explain the various types of requests for 

HUD documents and testimony by HUD 

employees that are intended to be 

covered by HUD’s document production 

and testimony approval regulations. The 

final rule revised subparts C and D to 

describe the procedures to be followed 

by a party in making a demand to HUD 

for documents or testimony, and to 

explain the standards followed by HUD 

in determining whether production or 

testimony should be permitted. A 

technical correction to the final rule was 

published on September 20, 2007 (72 FR 

53876). 

II. This Proposed Rule—Proposed 

Amendments to Part 15 

After implementing the revised 

procedures for consideration of 

demands for documents or testimony, 

HUD has determined that additional 

changes are necessary to ensure the 

careful and efficient processing of all 

such demands. The revisions proposed 

to be made to HUD’s regulations at 24 

CFR part 15 are as follows: 

Terminology 

This proposed rule would amend 

§ 15.2 to add, in alphabetical order, the 

terms ‘‘Appropriate Associate General 

Counsel,’’ ‘‘Appropriate Regional 

Counsel,’’ and ‘‘Authorized Approving 

Official’’ to the list of definitions. 

Technical Changes 

This proposed rule would correct 

outdated references to Web sites in 

§§ 15.102(b) and 15.103(c). This 

proposed rule would also make 

technical changes to Appendix A of part 

15 by directing the public to HUD’s Web 

site to update the location information 

of HUD FOIA Reading Rooms and by 

providing the public with the contact 

information of HUD’s Regional Counsel. 

Purpose and Scope 

This proposed rule would amend 

§ 15.201 by providing guidance to 

persons engaged in private litigation, to 

which the United States is not a party, 

on the procedures to be followed when 

making a demand for documents or 

testimony on HUD. This proposed rule 

would provide that HUD’s regulations 

in subpart C do not create any 

affirmative right or benefit, substantive 

or procedural, that would be enforceable 

against HUD. 

Production of Material or Provision of 

Testimony in Response to Demands in 

Legal Proceedings Among Private 

Litigants 

This proposed rule would amend 

§§ 15.202 through 15.206 by outlining 


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