[Federal Register: January 24, 2007 (Volume 72, Number 15)]
[Rules and Regulations]
[Page 3044-3047]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24ja07-6]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2001-NM-183-AD; Amendment 39-14889; AD 2007-02-02]
RIN 2120-AA64
Airworthiness Directives; McDonnell Douglas Model DC-8-55, DC-8F-
54, and DC-8F-55 Airplanes; and Model DC-8-60, DC-8-70, DC-8-60F, and
DC-8-70F Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to certain McDonnell Douglas Model DC-8 airplanes. This AD
requires a one-time inspection for previous repairs of the aft fuselage
skin panel at the longeron 28 skin splice; repetitive inspections for
cracks of the same area; and related investigative and corrective
actions. This AD also provides optional actions for extending the
repetitive inspection intervals. The actions specified by this AD are
intended to detect and correct cracks in the aft fuselage skin at the
longeron 28 skin splice, which could lead to loss of structural
integrity of the aft fuselage, resulting in rapid decompression of the
airplane. This action is intended to address the identified unsafe
condition.
DATES: Effective February 28, 2007.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of February 28, 2007.
ADDRESSES: The service information referenced in this AD may be
obtained from Boeing Commercial Airplanes, Long Beach Division, 3855
Lakewood Boulevard, Long Beach, California 90846, Attention: Data and
Service Management, Dept. C1-L5A (D800-0024). This information may be
examined at the Federal Aviation Administration (FAA), Transport
Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton,
Washington; or at the FAA, Los Angeles Aircraft Certification Office,
3960 Paramount Boulevard, Lakewood, California.
FOR FURTHER INFORMATION CONTACT: Jon Mowery, Aerospace Engineer,
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification
Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137;
telephone (562) 627-5322; fax (562) 627-5210.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to include an airworthiness
directive (AD) that is applicable to certain McDonnell Douglas Model
DC-8-55, DC-8F-54, and DC-8F-55 airplanes; and Model DC-8-60, DC-8-70,
DC-8-60F, and DC-8-70F series airplanes; was published as a
supplemental notice of proposed rulemaking (NPRM) in the Federal
Register on July 25, 2006 (71 FR 42062). That action proposed to
require a one-time inspection for previous repairs of the aft fuselage
skin panel at the longeron 28 skin splice; repetitive inspections for
cracks of the same area; related investigative and corrective actions;
and reporting inspection findings to the manufacturer. That action also
proposed to provide optional actions for extending the repetitive
inspection intervals.
Comments
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
Request To Lengthen Inspection Threshold for Certain Airplanes
Air Transport Association (ATA), on behalf of one of its members,
UPS, does not agree with the inspection threshold of 12 months for
airplanes that have accumulated 24,000 total flight cycles or more as
of the effective date of the AD, as specified in paragraph (a)(2) of
the supplemental NPRM. The commenters note that all U.S.-registered
McDonnell
[[Page 3045]]
Douglas Model DC-8 airplanes are now freighters, which typically have
low cycle utilization. UPS states that, out of a fleet of 47 airplanes,
it has found only two instances of cracking in the subject area. The
commenter believes that, based on these facts, the 24-month threshold
indicated in paragraph (a)(1) of the supplemental NPRM should apply to
all airplanes. The commenter believes that changing the threshold would
have no adverse effect on airplane safety.
We disagree with the request to lengthen the inspection threshold.
In developing an appropriate compliance time for this action, we
considered the low utilization rate as one factor. Other factors we
considered were a crack finding on an airplane that had accumulated
27,072 total landings, normal scatter associated with fatigue
initiation, input from the manufacturer, the difficulty of the
inspection, and the urgency associated with the subject unsafe
condition. However, according to the provisions of paragraph (f) of the
final rule, we may approve requests to adjust the compliance time if
the request includes data that prove that the new compliance time would
provide an acceptable level of safety. We have not changed the AD in
this regard.
Request To Change Incorporation of Certain Information
The Modification and Replacement Parts Association (MARPA) states
that, typically, airworthiness directives are based on service
information originating with the type certificate holder or its
suppliers. MARPA adds that manufacturer service documents are privately
authored instruments generally having copyright protection against
duplication and distribution. MARPA notes that when a service document
is incorporated by reference into a public document, such as an
airworthiness directive, it loses its private, protected status and
becomes a public document. MARPA adds that if a service document is
used as a mandatory element of compliance, it should not simply be
referenced, but should be incorporated into the regulatory document; by
definition, public laws must be public, which means they cannot rely
upon private writings. MARPA is concerned that the failure to
incorporate essential service information could result in a court
decision invalidating the AD.
MARPA adds that incorporated by reference service documents should
be made available to the public by publication in the Docket Management
System (DMS), keyed to the action that incorporates them. MARPA notes
that the stated purpose of the incorporation by reference method is
brevity, to keep from expanding the Federal Register needlessly by
publishing documents already in the hands of the affected individuals;
traditionally, ``affected individuals'' means aircraft owners and
operators, who are generally provided service information by the
manufacturer. MARPA adds that a new class of affected individuals has
emerged, since the majority of aircraft maintenance is now performed by
specialty shops instead of aircraft owners and operators. MARPA notes
that this new class includes maintenance and repair organizations,
component servicing and repair shops, parts purveyors and distributors,
and organizations manufacturing or servicing alternatively certified
parts under section 21.303 (``Parts Manufacturer Approval'') of the
Federal Aviation Regulations (14 CFR part 21). MARPA adds that the
concept of brevity is now nearly archaic as documents exist more
frequently in electronic format than on paper. Therefore, MARPA asks
that the service documents deemed essential to the accomplishment of
the NPRM be incorporated by reference into the regulatory instrument,
and published in DMS.
We do not agree that documents should be incorporated by reference
during the NPRM phase of rulemaking. The Office of the Federal Register
(OFR) requires that documents that are necessary to accomplish the
requirements of the AD be incorporated by reference during the final
rule phase of rulemaking. This final rule incorporates by reference the
document necessary for the accomplishment of the requirements mandated
by this AD. Further, we point out that while documents that are
incorporated by reference do become public information, they do not
lose their copyright protection. For that reason, we advise the public
to contact the manufacturer to obtain copies of the referenced service
information.
Additionally, we do not publish service documents in DMS. We are
currently reviewing our practice of publishing proprietary service
information. Once we have thoroughly examined all aspects of this
issue, and have made a final determination, we will consider whether
our current practice needs to be revised. However, we consider that to
delay this AD action for that reason would be inappropriate, since we
have determined that an unsafe condition exists and that the
requirements in this AD must be accomplished to ensure continued
safety. Therefore, we have not changed the AD in this regard.
Explanation of Change to Cost Impact
We have changed the cost estimate to include estimated costs for
all required actions, including the repetitive inspections and the
repair.
Conclusion
We have carefully reviewed the available data, including the
comments received, and determined that air safety and the public
interest require adopting the AD with the change described previously.
We have determined that this change will neither increase the economic
burden on any operator nor increase the scope of the AD.
Cost Impact
There are approximately 508 airplanes of the affected design in the
worldwide fleet. The FAA estimates that 244 airplanes of U.S. registry
are affected by this AD. The average labor rate is $80 per work hour.
Estimated Costs
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Action Work hours Cost per airplane Fleet cost
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Initial Inspection for doubler 2 to 4.............. $160 to $320...... $39,040 to $78,080.
installation.
Repetitive Inspections (per 2 to 8.............. $160 to $640...... $39,040 to $156,160.
inspection cycle).
Repair.......................... 164 to 184.......... $13,120 to $14,720 $3,201,280 to $3,591,680.
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The cost impact figures discussed above are based on assumptions
that no operator has yet accomplished any of the proposed requirements
of this AD action, and that no operator would accomplish those actions
in the future if this AD were not adopted. The cost impact figures
discussed in AD rulemaking actions represent only the time necessary to
perform the specific actions actually required by the AD. These figures
typically do not include
[[Page 3046]]
incidental costs, such as the time required to gain access and close
up, planning time, or time necessitated by other administrative
actions.
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 Impact
The regulations adopted herein will 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. Therefore, it
is determined that this final rule does not have federalism
implications under Executive Order 13132.
For the reasons discussed above, I certify that this action (1) Is
not a ``significant regulatory action'' under Executive Order 12866;
(2) is not a ``significant rule'' under 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. A final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from the Rules Docket at the location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
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]
0
2. Section 39.13 is amended by adding the following new airworthiness
directive:
2007-02-02 McDonnell Douglas: Amendment 39-14889. Docket 2001-NM-
183-AD.
Applicability
McDonnell Douglas Model 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; as identified in Boeing Alert Service Bulletin DC8-
53A080, dated June 22, 2004.
Compliance
Required as indicated, unless accomplished previously.
To detect and correct cracks in the aft fuselage skin at the
longeron 28 skin splice, which could lead to loss of structural
integrity of the aft fuselage, resulting in rapid decompression of
the airplane, accomplish the following:
One-Time Inspection for Previous Repairs
(a) For all airplanes: At the applicable time in paragraph
(a)(1) or (a)(2) of this AD, do a general visual inspection to
determine if there are previous repairs of the aft fuselage skin
panel at the longeron 28 skin splice; in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin DC8-
53A080, dated June 22, 2004. Then do the applicable actions
specified in paragraphs (b) and (c) of this AD.
(1) For airplanes that have accumulated fewer than 24,000 total
flight cycles as of the effective date of this AD: Within 24 months
after the effective date of this AD or prior to accumulating 24,000
total flight cycles, whichever occurs later.
(2) For airplanes that have accumulated 24,000 total flight
cycles or more as of the effective date of this AD: Within 12 months
after the effective date of this AD.
Note 1: For the purposes of this AD, a general visual inspection
is: ``A visual examination of an interior or exterior area,
installation, or assembly to detect obvious damage, failure, or
irregularity. This level of inspection is made from within touching
distance unless otherwise specified. A mirror may be necessary to
ensure visual access to all surfaces in the inspection area. This
level of inspection is made under normally available lighting
conditions such as daylight, hangar lighting, flashlight, or
droplight and may require removal or opening of access panels or
doors. Stands, ladders, or platforms may be required to gain
proximity to the area being checked.''
Repetitive Inspections for Areas That Do Not Have a Previous Repair
(b) For areas that do not have a previous repair: Before further
flight after the initial inspection in paragraph (a) of this AD, do
general visual and high-frequency eddy current (HFEC) inspections
for discrepancies of the unrepaired areas at longeron 28 between the
bolted connection of the tail section to forward of the flat aft
pressure bulkhead, on both the left and right sides, and do all
applicable related investigative and corrective actions before
further flight. Do all actions in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin DC8-53A080, dated June
22, 2004. Repeat the inspections thereafter at intervals not to
exceed 2,000 flight cycles until an optional action in paragraph (d)
of this AD is accomplished.
Repetitive Inspections and Repair for Areas That Have a Previous Repair
(c) For areas that have a previous repair: Within 24 months
after accomplishing the initial inspection in paragraph (a) of this
AD, remove the previous repair(s), and install a local repair, in
accordance with Boeing DC-8 Service Rework Drawing SR08530032, dated
January 13, 2004, including Boeing Parts List PL SR08530032, dated
January 7, 2004, Boeing Advance Engineering Order, Advanced Drawing
Change A, dated April 1, 2004, and Boeing Engineering Order, dated
January 13, 2004. Do the inspections in paragraph (d) of this AD
thereafter at the applicable interval specified in paragraph (d)(1)
or (d)(2) of this AD.
Optional Actions, Extended Repetitive Inspection Intervals
(d) Installing a full-length preventive modification, doing a
full-length repair, or doing a local repair, in accordance with
Boeing DC-8 Service Rework Drawing SR08530032, dated January 13,
2004, including Boeing Parts List PL SR08530032, dated January 7,
2004, Boeing Advance Engineering Order, Advanced Drawing Change A,
dated April 1, 2004, and Boeing Engineering Order, dated January 13,
2004, ends the repetitive inspection intervals in paragraph (b) of
this AD; repeat the inspection thereafter at the applicable interval
in paragraph (d)(1) or (d)(2) of this AD.
(1) For airplanes that have internal finger doublers: Within
30,000 flight cycles after doing the optional action, do general
visual and HFEC inspections for discrepancies of the unrepaired
areas at longeron 28 between the bolted connection of the tail
section to forward of the flat aft pressure bulkhead, on both the
left and right sides, and do all applicable related investigative
and corrective actions before further flight. Do all actions in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin DC8-53A080, dated June 22, 2004. Repeat the
inspections thereafter at intervals not to exceed 5,000 flight
cycles.
(2) For airplanes that do not have internal finger doublers: Use
the applicable intervals and inspections in paragraph (d)(2)(i) or
(d)(2)(ii) of this AD.
(i) For repairs (full-length preventive modification, doing a
full-length repair, or
[[Page 3047]]
doing a local repair) that are 12 inches or less along the longeron:
Within 15,000 flight cycles after doing the optional action, use
only the external general visual inspection method for discrepancies
of the unrepaired areas at longeron 28 between the bolted connection
of the tail section to forward of the flat aft pressure bulkhead, on
both the left and right sides, and do all applicable related
investigative and corrective actions before further flight. Do all
actions in accordance with the Accomplishment Instructions of Boeing
Alert Service Bulletin DC8-53A080, dated June 22, 2004. Repeat the
external general visual inspection thereafter at intervals not to
exceed 5,000 flight cycles.
(ii) For repairs (full-length preventive modification, doing a
full-length repair, or doing a local repair) that are more than 12
inches in length along the longeron: Within 15,000 flight cycles
after doing the optional action, use only the low-frequency eddy
current (LFEC) inspection method for cracks of the unrepaired areas
at longeron 28 between the bolted connection of the tail section to
forward of the flat aft pressure bulkhead, on both the left and
right sides, and do all applicable related investigative and
corrective actions before further flight. Do all actions in
accordance with Boeing DC-8 Service Rework Drawing SR08530032, dated
January 13, 2004, including Boeing Parts List PL SR08530032, dated
January 7, 2004, Boeing Advance Engineering Order, Advanced Drawing
Change A, dated April 1, 2004, and Boeing Engineering Order, dated
January 13, 2004. Repeat the LFEC inspection thereafter at intervals
not to exceed 10,000 flight cycles, using only LFEC inspection
outward along all four edges of the doubler.
Reporting of Results
(e) Submit a report of positive findings of the inspections
required by paragraphs (b) and (d) of this AD to Boeing Commercial
Airplanes, Manager, Structure/Payloads, Technical and Fleet Support,
Service Engineering/Commercial Aviation Services, Long Beach
Division, 3855 Lakewood Boulevard, Long Beach, California 90846, at
the applicable time specified in paragraph (e)(1) or (e)(2) of this
AD. The report must include the inspection results, a description of
any discrepancies found, the airplane fuselage number, and the total
number of landings and flight hours on the airplane. Information
collection requirements contained in this AD have been approved by
the Office of Management and Budget (OMB) under the provisions of
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.) and have been
assigned OMB Control Number 2120-0056.
(1) For airplanes on which the inspection is accomplished after
the effective date of this AD: Submit the report within 30 days
after performing the inspection.
(2) For airplanes on which the inspection was accomplished prior
to the effective date of this AD: Submit the report within 30 days
after the effective date of this AD.
Alternative Methods of Compliance (AMOCs)
(f)(1) In accordance with 14 CFR 39.19, the Manager, Los Angeles
Aircraft Certification Office (ACO), FAA, is authorized to approve
AMOCs for this AD.
(2) Before using any AMOC approved in accordance with Sec.
39.19 on any airplane to which the AMOC applies, notify the
appropriate principal inspector in the FAA Flight Standards
Certificate Holding District Office.
(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.
Incorporation by Reference
(g) Unless otherwise specified in this AD, the actions must be
done in accordance with Boeing Alert Service Bulletin DC8-53A080,
dated June 22, 2004; and Boeing DC-8 Service Rework Drawing
SR08530032, dated January 13, 2004, including Boeing Parts List PL
SR08530032, dated January 7, 2004, Boeing Advance Engineering Order,
Advanced Drawing Change A, dated April 1, 2004, and Boeing
Engineering Order, dated January 13, 2004; as applicable. This
incorporation by reference was approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. To get copies of this service information, contact Boeing
Commercial Airplanes, Long Beach Division, 3855 Lakewood Boulevard,
Long Beach, California 90846, Attention: Data and Service
Management, Dept. C1-L5A (D800-0024). To inspect copies of this
service information, go to the FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington; to the FAA, Los Angeles
Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood,
California; or to the National Archives and Records Administration
(NARA). For information on the availability of this material at the
NARA, call (202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html
.
Effective Date
(h) This amendment becomes effective on February 28, 2007.
Issued in Renton, Washington, on January 5, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-710 Filed 1-23-07; 8:45 am]
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