[Federal Register Volume 73, Number 169 (Friday, August 29, 2008)]
[Proposed Rules]
[Pages 50906-50909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-20085]



[[Page 50906]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0123; Directorate Identifier 2007-NM-056-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-8-51, 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

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of 
comment period.

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SUMMARY: The FAA is revising an earlier NPRM for an airworthiness 
directive (AD) that applies to all McDonnell Douglas Model DC-8 
airplanes. The original NPRM would have superseded an existing AD that 
currently requires, among other things, revision of an existing program 
of structural inspections. The original NPRM proposed to require 
implementation of a revised program of structural inspections of 
baseline structure to detect and correct fatigue cracking in order to 
ensure the continued airworthiness of these airplanes as they approach 
the manufacturer's original fatigue design life goal. The original NPRM 
resulted from a significant number of these airplanes approaching or 
exceeding the design service goal on which the initial type 
certification approval was predicated. This new action revises the 
original NPRM by reducing the inspection threshold for certain 
principal structural elements. We are proposing this supplemental NPRM 
to detect and correct fatigue cracking that could compromise the 
structural integrity of these airplanes.

DATES: We must receive comments on this supplemental NPRM by September 
23, 2008.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> 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-2008-0123; 
Directorate Identifier 2007-NM-056-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 proposed to amend part 39 of the Federal Aviation Regulations 
(14 CFR part 39) with a notice of proposed rulemaking (NPRM) for an AD 
(the ``original NPRM'') to supersede AD 93-01-15, amendment 39-8469 (58 
FR 5576, January 22, 1993). The original NPRM applied to all McDonnell 
Douglas Model DC-8 airplanes. The original NPRM was published in the 
Federal Register on February 5, 2008 (73 FR 6622). The original NPRM 
proposed to retain certain requirements of AD 93-01-15. The original 
NPRM also proposed to require a revision of the FAA-approved 
maintenance program. In addition, the original NPRM proposed to require 
implementation of a revised structural inspection program of baseline 
structure to detect and correct fatigue cracking in order to ensure the 
continued airworthiness of airplanes as they approach the 
manufacturer's original fatigue design life goal.

Actions Since Original NPRM Was Issued

    Since we issued the original NPRM, we have reviewed Boeing Report 
No. L26-011, ``DC-8 All Series Supplemental Inspection Document 
(SID),'' Volume I, Revision 7, dated March 2008 (hereafter ``Revision 
7''). The procedures specified in Revision 7 are identical to those 
specified in Boeing Report No. L26-011, ``DC-8 All Series Supplemental 
Inspection Document (SID),'' Volume I, Revision 6, dated July 2005 
(referred to in the NPRM as the appropriate source of service 
information for accomplishing certain required actions). Revision 7 
revises the inspection threshold for certain principal structural 
elements from landings to flight hours, which reduces the inspection 
threshold. Therefore, we have revised the supplemental NPRM to refer to 
Revision 7 as the appropriate source of service information for 
accomplishing certain proposed actions.

FAA's Determination and Proposed Requirements of the Supplemental NPRM

    The change discussed above expands the scope of the original NPRM; 
therefore, we have determined that it is necessary to reopen the 
comment period to provide additional opportunity for public comment on 
this supplemental NPRM.

Costs of Compliance

    There are about 194 airplanes of the affected design in the 
worldwide fleet. The following table provides the

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estimated costs for U.S. operators to comply with this proposed AD.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                  Number of U.S.-
            Action                Work hours      Average labor      Cost per       registered      Fleet cost
                                                  rate per hour      operator        airplanes
----------------------------------------------------------------------------------------------------------------
Revision of maintenance        544 per operator             $80  $43,520, per                131        $739,840
 inspection program (required   (17 U.S.                          operator.
 by AD 93-01-15).               operators).
Revision of maintenance        250 per operator              80  $20,000........             131         340,000
 program and inspections (new   (17 U.S.
 proposed actions).             operators).
----------------------------------------------------------------------------------------------------------------

    The number of inspection work hours, as indicated above, is 
presented as if the accomplishment of the actions in this proposed AD 
is to be conducted as ``stand alone'' actions. However, in actual 
practice, these actions for the most part will be done coincidentally 
or in combination with normally scheduled airplane inspections and 
other maintenance program tasks. Therefore, the actual number of 
necessary additional inspection work hours will be minimal in many 
instances. Additionally, any costs associated with special airplane 
scheduling will be minimal.

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 supplemental NPRM 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, 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.


Sec.  39.13  [Amended]

    2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
removing amendment 39-8469 (58 FR 5576, January 22, 1993) and adding 
the following new airworthiness directive (AD):

McDonnell Douglas: Docket No. FAA-2008-0123; Directorate Identifier 
2007-NM-056-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by September 
23, 2008.

Affected ADs

    (b) This AD supersedes AD 93-01-15.

Applicability

    (c) This AD applies to all McDonnell Douglas airplanes 
identified in Table 1 of this AD, certificated in any category.

                         Table 1--Applicability
------------------------------------------------------------------------
                                                       Model
------------------------------------------------------------------------
(1).....................................  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.
(2).....................................  DC-8-51, DC-8-52, DC-8-53, and
                                           DC-8-55 airplanes.
(3).....................................  DC-8F-54 and DC-8F-55
                                           airplanes.
(4).....................................  DC-8-61, DC-8-62, and DC-8-63
                                           airplanes.
(5).....................................  DC-8-61F, DC-8-62F, and DC-8-
                                           63F airplanes.
(6).....................................  DC-8-71, DC-8-72, and DC-8-73
                                           airplanes.
(7).....................................  DC-8-71F, DC-8-72F, and DC-8-
                                           73F airplanes.
------------------------------------------------------------------------

Unsafe Condition

    (d) This AD results from a significant number of these airplanes 
approaching or exceeding the design service goal on which the 
initial type certification approval was predicated. We are issuing 
this AD to detect and correct fatigue cracking that could compromise 
the structural integrity of these airplanes.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.
    Certain Requirements of AD 93-01-15:

Revise the FAA-Approved Maintenance Inspection Program

    (f) Within 6 months after February 26, 1993 (the effective date 
of AD 93-01-15), incorporate a revision of the FAA-approved 
maintenance inspection program that provides no less than the 
required inspection of the Principal Structural Elements (PSEs) 
defined in Sections 2 and 3 of Volume I of McDonnell Douglas Report 
No. L26-011, ``DC-8 Supplemental Inspection Document (SID),'' dated 
March 1991, in accordance with Section 2 of Volume III-91, dated 
April 1991, of that document. The non-destructive inspection 
techniques set forth in Sections 2 and 3 of Volume II, dated March 
1991, of that SID provide acceptable methods for

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accomplishing the inspections required by this AD. All inspection 
results, negative or positive, must be reported to McDonnell 
Douglas, in accordance with the instructions of Section 2 of Volume 
III-91 of the SID. Information collection requirements contained in 
this regulation have been approved by the OMB under the provisions 
of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.) and 
have been assigned OMB Control Number 2120-0056.

Corrective Action

    (g) Cracked structure detected during the inspections required 
by paragraph (f) of this AD must be repaired before further flight, 
in accordance with a method approved by the Manager, Los Angeles 
Aircraft Certification Office (ACO), FAA, Transport Airplane 
Directorate.

New Requirements of this AD

Revision of the Maintenance Inspection Program

    (h) Within 12 months after the effective date of this AD, 
incorporate a revision of the FAA-approved maintenance inspection 
program that provides for inspection(s) of the PSEs, in accordance 
with Boeing Report No. L26-011, ``DC-8 All Series Supplemental 
Inspection Document (SID),'' Volume I, Revision 7, dated March 2008. 
Incorporation of this revision ends the requirements of paragraphs 
(f) and (g) of this AD.

Non-Destructive Inspections (NDIs)

    (i) For all PSEs listed in Section 2 of Boeing Report No. L26-
011, ``DC-8 All Series Supplemental Inspection Document (SID),'' 
Volume I, Revision 7, dated March 2008, perform an NDI for fatigue 
cracking of each PSE, in accordance with the NDI procedures 
specified in Section 2 of McDonnell Douglas Report No. L26-011, 
``DC-8 Supplemental Inspection Document (SID),'' Volume II, Revision 
8, dated January 2005, at the times specified in paragraph (i)(1), 
(i)(2), or (i)(3) of this AD, as applicable.
    (1) For airplanes that have less than three quarters of the 
fatigue life threshold (\3/4\N<INF>TH</INF>) as of the effective 
date of this AD: Perform the NDI for fatigue cracking at the times 
specified in paragraphs (i)(1)(i) and (i)(1)(ii) of this AD. After 
reaching the threshold (N<INF>TH</INF>), repeat the inspection for 
that PSE at intervals not to exceed [Delta]NDI/2.
    (i) Perform an initial NDI no earlier than one-half of the 
threshold (\1/2\N<INF>TH</INF>) but before reaching three-quarters 
of the threshold (\3/4\N<INF>TH</INF>), or within 60 months after 
the effective date of this AD, whichever occurs later.
    (ii) Repeat the NDI no earlier than \3/4\N<INF>TH</INF> but 
before reaching the threshold (N<INF>TH</INF>), or within 18 months 
after the inspection required by paragraph (i)(1)(i) of this AD, 
whichever occurs later.

    Note 1: The DC-8 SID and this AD refer to the repetitive 
inspection interval as [Delta]NDI/2. However, the headings of the 
tables in Section 4 of Volume I of the DC-8 SID refer to the 
repetitive inspection interval of NDI/2. The values listed under 
NDI/2 in the tables in Section 4 of Volume I of the DC-8 SID are the 
repetitive inspection intervals, [Delta]NDI/2.
    (2) For airplanes that have reached or exceeded three-quarters 
of the fatigue life threshold (\3/4\N<INF>TH</INF>), but less than 
the threshold (N<INF>TH</INF>), as of the effective date of this AD: 
Perform an NDI before reaching the threshold (N<INF>TH</INF>), or 
within 18 months after the effective date of this AD, whichever 
occurs later. Thereafter, after passing the threshold 
(N<INF>TH</INF>), repeat the inspection for that PSE at intervals 
not to exceed [Delta]NDI/2.
    (3) For airplanes that have reached or exceeded the fatigue life 
threshold (N<INF>TH</INF>) as of the effective date of this AD: 
Perform an NDI within 18 months after the effective date of this AD. 
Thereafter, repeat the inspection for that PSE at intervals not to 
exceed [Delta]NDI/2.

Discrepant Findings

    (j) If any discrepancy (e.g., differences on the airplane from 
the NDI reference standard, such as PSEs that cannot be inspected as 
specified in McDonnell Douglas Report No. L26-011, ``DC-8 
Supplemental Inspection Document (SID),'' Volume II, Revision 8, 
dated January 2005, or do not match rework, repair, or modification 
descriptions in Boeing Report No. L26-011, ``DC-8 All Series 
Supplemental Inspection Document (SID),'' Volume I, Revision 7, 
dated March 2008) is detected during any inspection required by 
paragraph (i) of this AD, do the action specified in paragraph 
(j)(1) or (j)(2) of this AD, as applicable.
    (1) If a discrepancy is detected during any inspection done 
before \3/4\N<INF>TH</INF> or N<INF>TH</INF>: The area of the PSE 
affected by the discrepancy must be inspected before N<INF>TH</INF> 
or within 18 months after the discovery of the discrepancy, 
whichever occurs later, in accordance with a method approved by the 
Manager, Los Angeles ACO.
    (2) If a discrepancy is detected during any inspection done 
after N<INF>TH</INF>: The area of the PSE affected by the 
discrepancy must be inspected before the accumulation of an 
additional [Delta]NDI/2 or within 18 months after the discovery of 
the discrepancy, whichever occurs later, in accordance with a method 
approved by the Manager, Los Angeles ACO.

Reporting Requirements

    (k) All negative or positive findings of the inspections done in 
accordance with paragraph (i) of this AD must be reported to Boeing 
at the times specified in, and in accordance with, the instructions 
contained in Section 4 of Boeing Report No. L26-011, ``DC-8 All 
Series Supplemental Inspection Document (SID),'' Volume I, Revision 
7, dated March 2008. Information collection requirements contained 
in this regulation have been approved by the Office of Management 
and Budget (OMB) under the provisions of the Paperwork Reduction Act 
of 1980 (44 U.S.C. 3501 et seq.) and have been assigned OMB Control 
Number 2120-0056.

Corrective Actions

    (l) Any cracked structure of a PSE detected during any 
inspection required by paragraph (i) of this AD must be repaired 
before further flight using a method approved in accordance with the 
procedures specified in paragraph (p) of this AD. Accomplish the 
actions described in paragraphs (l)(1), (l)(2), and (l)(3) of this 
AD, at the times specified.
    (1) Within 18 months after repair, do a damage tolerance 
assessment (DTA) that defines the threshold for inspection of the 
repair and submit the assessment for approval.
    (2) Before reaching 75% of the repair threshold as determined in 
paragraph (l)(1) of this AD, submit the inspection methods and 
repetitive inspection intervals for the repair for approval.
    (3) Before the repair threshold, as determined in paragraph 
(l)(1) of this AD, incorporate the inspection method and repetitive 
inspection intervals into the FAA-approved structural maintenance or 
inspection program for the airplane.

    Note 2: For the purposes of this AD, we anticipate that 
submissions of the DTA of the repair, if acceptable, should be 
approved within 6 months after submission.


    Note 3: FAA Order 8110.54, ``Instructions for Continued 
Airworthiness,'' dated July 1, 2005, provides additional guidance 
about the approval of repairs to PSEs.

Inspection for Transferred Airplanes

    (m) Before any airplane that has exceeded the fatigue life 
threshold (N<INF>TH</INF>) can be added to an air carrier's 
operations specifications, a program for the accomplishment of the 
inspections required by this AD must be established as specified in 
paragraph (m)(1) or (m)(2) of this AD, as applicable.
    (1) For airplanes that have been inspected in accordance with 
this AD: The inspection of each PSE must be done by the new operator 
in accordance with the previous operator's schedule and inspection 
method, or the new operator's schedule and inspection method, at 
whichever time would result in the earlier accomplishment date for 
that PSE inspection. The compliance time for accomplishing this 
inspection must be measured from the last inspection done by the 
previous operator. After each inspection has been done once, each 
subsequent inspection must be done in accordance with the new 
operator's schedule and inspection method.
    (2) For airplanes that have not been inspected in accordance 
with this AD: The inspection of each PSE required by this AD must be 
done either before adding the airplane to the air carrier's 
operations specification, or in accordance with a schedule and an 
inspection method approved by the Manager, Los Angeles ACO. After 
each inspection has been done once, each subsequent inspection must 
be done in accordance with the new operator's schedule.

Acceptable for Compliance

    (n) McDonnell Douglas Report No. MDC 91K0262, ``DC-8 Aging 
Aircraft Repair Assessment Program Document,'' Revision 1, dated 
October 2000, provides inspection/replacement programs for certain 
repairs to the fuselage pressure shell. Accomplishing these repairs 
and inspection/replacement programs before the effective date of 
this AD is considered acceptable for compliance with the 
requirements of paragraphs (g) and (l) of this AD for repairs 
subject to that document.
    (o) Actions done before the effective date of this AD in 
accordance with Boeing Report No. L26-011, ``DC-8 All Series 
Supplemental

[[Page 50909]]

Inspection Document (SID),'' Volume I, Revision 6, dated July 2005, 
are acceptable for compliance with the corresponding requirements of 
this AD.

Alternative Methods of Compliance (AMOCs)

    (p)(1) The Manager, Los Angeles ACO, FAA, ATTN: 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; 
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) AMOCs approved previously in accordance with AD 93-01-15 are 
approved as AMOCs for the corresponding provisions of this AD.

    Issued in Renton, Washington, on August 21, 2008.
Kevin Hull,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-20085 Filed 8-28-08; 8:45 am]
BILLING CODE 4910-13-P