[Federal Register Volume 64, Number 19 (Friday, January 29, 1999)]
[Rules and Regulations]
[Pages 4523-4525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2107]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-379-AD; Amendment 39-11016; AD 98-26-51]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model DC-8 Series 
Airplanes Modified in Accordance With Supplemental Type Certificate 
SA1802SO

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This document publishes in the Federal Register an amendment 
adopting Airworthiness Directive (AD) 98-26-51 that was sent previously 
to all known U.S. owners and operators of certain McDonnell Douglas 
Model DC-8 series airplanes by individual telegrams. This AD requires a 
revision to the Airplane Flight Manual to specify restrictions on 
operating if any pressurization anomaly is detected. This AD also 
requires a one-time inspection to detect discrepancies and cracking of 
the main deck cargo door in the immediate area of the bolts attaching 
the latch fittings, and repair, if necessary. This action is prompted 
by a report that a cabin pressurization anomaly was detected on a 
McDonnell Douglas Model DC-8 series airplane, and by subsequent 
investigation, which revealed fatigue cracking in the structure of the 
main deck cargo door. The actions specified by this AD are intended to 
detect and correct fatigue cracking in the structure of the main deck 
cargo door, which could result in cabin decompression of the airplane 
and loss of the main deck cargo door, and consequent reduced 
controllability of the airplane.

DATES: Effective February 3, 1999, to all persons except those persons 
to whom it was made immediately effective by telegraphic AD T98-26-51, 
issued December 18, 1998, which contained the requirements of this 
amendment.
    Comments for inclusion in the Rules Docket must be received on or 
before March 30, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 98-NM-379-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056.
    Information pertaining to this amendment may be obtained from or 
examined at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, 
SW., Renton, Washington 98055-4056; or at the FAA, Small Airplane 
Directorate, Atlanta Aircraft Certification Office, One Crown Center, 
1895 Phoenix Boulevard, suite 450, Atlanta, Georgia 30337-2748.

FOR FURTHER INFORMATION CONTACT: Rany Azzi, Aerospace Engineer, 
Airframe and Propulsion Branch, ACE-117A, FAA, Small Airplane 
Directorate, Atlanta Aircraft Certification Office, One Crown Center, 
1895 Phoenix Boulevard, Suite 450, Atlanta, Georgia 30337-2748; 
telephone (770) 703-6080; fax (770) 703-6097.

SUPPLEMENTARY INFORMATION: On December 18, 1998, the FAA issued 
telegraphic AD T98-26-51, which is applicable to certain McDonnell 
Douglas Model DC-8 series airplanes

[[Page 4524]]

modified in accordance with Supplemental Type Certificate (STC) 
SA1802SO. That action was prompted by a report indicating that a cabin 
pressurization anomaly was detected on a McDonnell Douglas Model DC-8 
series airplane modified in accordance with STC SA1802SO. Investigation 
revealed fatigue cracking in the structure of the main deck cargo door. 
Propagation of cracks on the frames and inner skin of the latch fitting 
supports could lead to severed frames and inner skin at the latch 
fitting supports of the main deck cargo door. This condition, if not 
corrected, could result in cabin decompression of the airplane and loss 
of the main deck cargo door, and consequent reduced controllability of 
the airplane.

Explanation of Requirements of the Rule

    Since the unsafe condition described is likely to exist or develop 
on other airplanes of the same type design, the FAA issued telegraphic 
AD T98-26-51 to detect and correct fatigue cracking in the structure of 
the main deck cargo door, which could result in cabin decompression of 
the airplane and loss of the main deck cargo door, and consequent 
reduced controllability of the airplane. The AD requires a revision to 
the FAA-approved Airplane Flight Manual to specify restrictions on 
operating if any pressurization anomaly is detected. The AD also 
requires a one-time detailed visual inspection to detect discrepancies 
and cracking of the main deck cargo door in the immediate area of the 
bolts attaching the latch fittings, and repair, if necessary.

Interim Action

    This is considered to be interim action until final action is 
identified, at which time the FAA may consider further rulemaking.
    Since it was found that immediate corrective action was required, 
notice and opportunity for prior public comment thereon were 
impracticable and contrary to the public interest, and good cause 
existed to make the AD effective immediately by individual telegrams 
issued on December 18, 1998, to all known U.S. owners and operators of 
McDonnell Douglas Model DC-8 series airplanes modified in accordance 
with STC SA1802SO. These conditions still exist, and the AD is hereby 
published in the Federal Register as an amendment to section 39.13 of 
the Federal Aviation Regulations (14 CFR 39.13) to make it effective to 
all persons.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, was not preceded by 
notice and an opportunity for public comment, comments are invited on 
this rule. Interested persons are invited to comment on this rule by 
submitting such written data, views, or arguments as they may desire. 
Communications shall identify the Rules Docket number and be submitted 
in triplicate to the address specified under the caption ADDRESSES. All 
communications received on or before the closing date for comments will 
be considered, and this rule may be amended in light of the comments 
received. Factual information that supports the commenter's ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
AD action and determining whether additional rulemaking action would be 
needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. All comments submitted will be 
available, both before and after the closing date for comments, in the 
Rules Docket for examination by interested persons. A report that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 98-NM-379-AD.'' The postcard will be date stamped and 
returned to the commenter.

Regulatory Impact

    The regulations adopted herein will not have substantial direct 
effects 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, in 
accordance with Executive Order 12612, it is determined that this final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it is not a ``significant regulatory 
action'' under Executive Order 12866. It has been determined further 
that this action involves an emergency regulation under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). If it is 
determined that this emergency regulation otherwise would be 
significant under DOT Regulatory Policies and Procedures, a final 
regulatory evaluation will be prepared and placed in the Rules Docket. 
A copy of it, if filed, 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, Safety.

Adoption of the Amendment

    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

    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. Section 39.13 is amended by adding the following new 
airworthiness directive:

98-26-51  McDonnell Douglas: Amendment 39-11016. Docket 98-NM-379-
AD.

    Applicability: Model DC-8 series airplanes that have been 
converted from a passenger-carrying to a cargo-carrying 
(``freighter'') configuration in accordance with Supplemental Type 
Certificate (STC) SA1802SO.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
otherwise modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (g) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To detect and correct fatigue cracking in the structure of the 
main deck cargo door, which could result in cabin decompression of 
the airplane and loss of the main deck cargo door, and consequent 
reduced controllability of the airplane, accomplish the following:
    (a) Within 24 hours after the effective date of this AD, revise 
the Limitations Section of

[[Page 4525]]

the FAA-approved Airplane Flight Manual (AFM) to include the 
following information. This may be accomplished by inserting a copy 
of this AD into the AFM.

``IF ANY UNEXPECTED LOSS OF CABIN PRESSURE OCCURS, DO NOT INCREASE 
CABIN PRESSURE. IMMEDIATELY SELECT A HIGHER CABIN ALTITUDE AND, AS 
SOON AS POSSIBLE, DESCEND TO A LOWER FLIGHT ALTITUDE.''

    (b) Except as provided by paragraph (d) of this AD, within 7 
days after the effective date of this AD: Perform an internal 
detailed visual inspection to detect cracking or any discrepancy of 
the main deck cargo door in the immediate area of the bolts 
attaching the latch fittings. Inspect for cracking or any 
discrepancy of the skin in the immediate area of the fastener heads, 
and for loose or missing fasteners. In addition, prior to the 
internal detailed visual inspection, clean and degrease the inside 
structure where the latch fitting bolts attach to the frames, and 
perform a detailed visual inspection of the frames to detect 
cracking emanating from the bolt holes and at the bend radius of the 
frames.

    Note 2: Removal of the inner skin of the main deck cargo door is 
not necessary to gain access and inspect for cracking emanating from 
the bolt holes and at the bend radius of the frames.

    (c) Prior to accomplishment of the inspections required by 
paragraph (b) of this AD, notify an appropriate FAA Principal 
Maintenance Inspector of the date and time the inspection required 
by paragraph (b) of this AD is to be accomplished.
    (d) For airplanes on which there have been reports of cabin 
pressurization anomalies or illuminations of the main deck cargo 
door warning light within 30 days prior to the effective date of 
this AD or within 7 days after the effective date of this AD: 
Perform the inspection required by paragraph (b) of this AD prior to 
further flight.
    (e) If any discrepancy is detected during the inspections 
required by paragraph (b) of this AD, prior to further flight, 
repair in accordance with a method approved by the Manager, Atlanta 
Aircraft Certification Office (ACO), FAA, Small Airplane 
Directorate.
    (f) Within 24 hours after accomplishment of the inspections 
required by paragraph (b) of this AD, or within 24 hours after the 
effective date of this AD, whichever occurs later, submit a report 
of the inspection results (both positive and negative findings) to 
the Manager, Atlanta ACO, FAA, Small Airplane Directorate, One Crown 
Center, 1895 Phoenix Boulevard, Suite 450, Atlanta, Georgia 30349; 
fax (770) 703-6097. 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.
    (g) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Atlanta ACO. Operators shall submit 
their requests through an appropriate FAA Principal Maintenance 
Inspector, who may add comments and then send it to the Manager, 
Atlanta ACO.

    Note 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Atlanta ACO.

    (h) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.
    (i) This amendment becomes effective on February 3, 1999, to all 
persons except those persons to whom it was made immediately 
effective by telegraphic AD T98-26-51, issued on December 18, 1998, 
which contained the requirements of this amendment.

    Issued in Renton, Washington, on January 22, 1999.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-2107 Filed 1-28-99; 8:45 am]
BILLING CODE 4910-13-U