[Federal Register Volume 66, Number 141 (Monday, July 23, 2001)]
[Proposed Rules]
[Pages 38203-38206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-17600]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-210-AD]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model DC-8 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the supersedure of an existing 
airworthiness directive (AD), applicable to certain McDonnell Douglas 
Model DC-8 series airplanes, that currently requires repetitive visual 
and eddy current inspections to detect cracking of the rudder pedals 
adjuster hub assembly, and replacement of the assembly with a new 
assembly, if necessary. This action would require accomplishment of a 
terminating action for the repetitive inspections. This action also 
adds airplanes to the applicability of the existing AD. This proposal 
is prompted by the FAA's determination that further rulemaking is 
necessary. The actions specified by the proposed AD are intended to 
prevent loss of rudder pedals control and reduction of braking 
capability.

DATES: Comments must be received by September 6, 2001.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-210-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2001-NM-210-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    The service information referenced in the proposed rule may be 
obtained from Boeing Commercial Aircraft Group, 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 FAA, Transport Airplane Directorate, 1601 Lind 
Avenue, SW., Renton, Washington; or at the the FAA, Los Angeles 
Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, 
California.

FOR FURTHER INFORMATION CONTACT: Greg Diliberio, Aerospace Engineer, 
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification 
Office, 3960 Paramount Boulevard, Lakewood, California 90712; telephone 
(562) 627-5231; fax (562) 627-5210.

SUPPLEMENTARY INFORMATION:

[[Page 38204]]

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed 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 above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this action may be changed in 
light of the comments received.
    Submit comments using the following format:
     Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
     For each issue, state what specific change to the proposed 
AD is being requested.
     Include justification (e.g., reasons or data) for each 
request.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed 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 summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2001-NM-210-AD.'' The postcard will be date stamped 
and returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 2001-NM-210-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Background

    In July 1996, a Boeing Model 747 series airplane was involved in an 
accident. As part of re-examining all aspects of the service experience 
of the airplane involved in the accident, the FAA participated in 
design review and testing to determine possible sources of ignition in 
center fuel tanks. As part of the review, we examined fuel system 
wiring with regard to the possible effects that wire degradation may 
have on arc propagation.
    In 1997 in a parallel preceding, at the recommendation of the White 
House Commission on Aviation Safety and Security, the FAA expanded its 
Aging Transport Program to include non-structural systems and assembled 
a team for evaluating these systems. This team performed visual 
inspections of certain transport category airplanes for which 20 years 
or more had passed since date of manufacture. In addition, the team 
gathered information from interviews with FAA Principal Maintenance 
Inspectors and meetings with representatives of airplane manufacturers. 
This evaluation revealed that the length of time in service is not the 
only cause of wire degradation; inadequate maintenance, contamination, 
improper repair, and mechanical damage are all contributing factors. 
From the compilation of this comprehensive information, we developed 
the Aging Transport Non-Structural Systems Plan to increase airplane 
safety by increasing knowledge of how non-structural systems degrade 
and how causes of degradation can be reduced.
    In 1998, an accident occurred off the coast of Nova Scotia 
involving a McDonnell Douglas Model MD-11 series airplane. 
Investigation indicates that a fire broke out in the cockpit and first 
class overhead area. Although the ignition source of the fire has not 
been determined, the FAA, in conjunction with Boeing and operators of 
Model MD-11, DC-8, DC-9, DC-10, and DC-9-80 series airplanes, is 
reviewing all aspects of the service history of those airplanes to 
identify potential unsafe conditions associated with wire degradation 
due to various contributing factors (e.g., inadequate maintenance, 
contamination, improper repair, and mechanical damage) and to take 
appropriate corrective actions. We have issued a series of 
airworthiness directives (AD) that address unsafe conditions identified 
during that process. This process is continuing and we may consider 
additional rulemaking actions as further results of the review become 
available. The cause of the Nova Scotia MD-11 accident has not yet been 
determined.
    In 1999, the FAA Administrator established a formal advisory 
committee to facilitate the implementation of the Aging Transport Non-
Structural Systems Plan. This committee, the Aging Transport Systems 
Rulemaking Advisory Committee (ATSRAC), is made up of representatives 
of airplane manufacturers, operators, user groups, aerospace and 
industry associations, and government agencies. As part of its mandate, 
ATSRAC will recommend rulemaking to increase transport category 
airplane safety in cases where solutions to safety problems connected 
to aging systems have been found and must be applied. Detailed analyses 
of certain transport category airplanes that have been removed from 
service, studies of service bulletins pertaining to certain wiring 
systems, and reviews of previously issued ADs requiring repetitive 
inspections of certain flight control systems, have resulted in 
valuable information on the cause and prevention of wire degradation 
due to various contributing factors (e.g., inadequate maintenance, 
contamination, improper repair, and mechanical damage).
    In summary, as a result of the investigations described above, the 
FAA has determined that corrective action may be necessary to minimize 
the potential hazards associated with wire and mechanical flight 
control systems degradation and related causal factors (e.g., 
inadequate maintenance, contamination, improper repair, and mechanical 
damage).

Previously Issued AD 92-27-06

    On December 9, 1992, the FAA issued AD 92-27-06, amendment 39-8440 
(57 FR 60115, December 18, 1992), applicable to certain McDonnell 
Douglas Model DC-8 series airplanes, to require repetitive visual and 
eddy current inspections to detect cracking of the rudder pedals 
adjuster hub assembly, and replacement of the assembly with a new 
assembly, if necessary. That action was prompted by several occurrences 
of failure of the rudder pedals adjuster hub assembly due to broken 
detent lugs. The requirements of that AD are intended to prevent loss 
of rudder pedals control and reduction of braking capability.

Actions Since Issuance of AD 92-27-06

    Since the issuance of AD 92-27-06, the FAA has determined that 
long-term continued operational safety will be better assured by design 
changes to remove the source of the problem, rather than by repetitive 
inspections. Long-term inspections may not be providing the degree of 
safety assurance necessary for the transport airplane fleet. This, 
coupled with a better understanding of the human factors associated 
with numerous continual inspections, has led us to consider placing 
less emphasis on inspections and more emphasis on design improvements. 
Therefore, we now have determined that further rulemaking action is 
necessary to require a terminating action for the

[[Page 38205]]

repetitive inspection requirements of AD 96-02-05.

Other Related Rulemaking

    This proposed AD is one of a series of actions identified as part 
of the ATSRAC program initiative to maintain continued operational 
safety of aging non-structural systems and structural components 
related to the mechanical flight control systems in transport category 
airplanes. The program is continuing and the FAA may consider 
additional rulemaking actions as further results of the review become 
available.

Explanation of Relevant Service Information

    The FAA has reviewed and approved McDonnell Douglas Alert Service 
Bulletin DC8-27A275, Revision 03, dated April 5, 1996, which describes 
procedures for repetitive visual and eddy current inspections to detect 
cracks of the rudder pedals adjuster hub assembly, and replacement of 
the rudder pedals adjuster hub assembly with a new assembly having the 
same part number (P/N), if necessary. The service bulletin also 
describes procedures for eventual replacement of the adjuster hub 
assembly with a new adjuster hub assembly, P/N 5965435-1, which 
eliminates the need for the repetitive inspections. Accomplishment of 
the actions specified in the service bulletin is intended to adequately 
address the identified unsafe condition.

Explanation of Requirements of Proposed Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other products of this same type design, the 
proposed AD would supersede AD 92-27-06 to continue to require 
repetitive visual and eddy current inspections to detect cracking of 
the rudder pedals adjuster hub assembly. The proposed AD would require 
eventual and on-condition (i.e., any crack finding) replacement of the 
adjuster hub assembly with a new assembly, P/N 5965435-1, which would 
constitute terminating action for the repetitive inspections. The 
proposed AD also adds airplanes to the applicability of the existing 
AD. The actions would be required to be accomplished in accordance with 
the service bulletin described previously, except as described below.

Differences Between the Service Bulletin and the Proposed AD

    The referenced service bulletin allows replacement of the rudder 
pedals adjuster hub assembly with a new assembly having the same P/N, 
if any crack is detected, and follow-on repetitive inspections for an 
interim period. As discussed previously, the FAA has determined that 
long-term continued operational safety will be better assured by design 
changes to remove the source of the problem, rather than by repetitive 
inspections. Therefore, this proposed AD requires replacement of the 
adjuster hub assembly with a new assembly, P/N 5965435-1.

Explanation of Change to Applicability of AD 92-27-06

    The effectivity listing of McDonnell Douglas Alert Service Bulletin 
DC8-27A275, Revision 03, dated April 5, 1996, has been revised to 
include two additional serial numbers (i.e., 45646 and 45928) of the 
affected airplanes. The FAA finds that these airplanes also are subject 
to the identified unsafe condition of this proposed AD. Therefore, the 
applicability of this proposed AD includes serial numbers 45646 and 
45928.

Cost Impact

    There are approximately 264 Model DC-8 series airplanes of the 
affected design in the worldwide fleet. The FAA estimates that 245 
airplanes of U.S. registry would be affected by this proposed AD.
    The inspection that is currently required by AD 92-27-06 takes 
approximately 3 work hours per airplane to accomplish, at an average 
labor rate of $60 per work hour. Based on these figures, the cost 
impact of the currently required actions on U.S. operators is estimated 
to be $44,100, or $180 per airplane, per inspection cycle.
    The new actions that are proposed in this AD action would take 
approximately 8 work hours per airplane to accomplish, at an average 
labor rate of $60 per work hour. Required parts would cost 
approximately $4,296 per airplane. Based on these figures, the cost 
impact of the proposed requirements of this AD on U.S. operators is 
estimated to be $1,170,120, or $4,776 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the current or 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 incidental costs, such as 
the time required to gain access and close up, planning time, or time 
necessitated by other administrative actions.

Regulatory Impact

    The regulations proposed herein 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. Therefore, it 
is determined that this proposal would not have federalism implications 
under Executive Order 13132.
    For the reasons discussed above, I certify that 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) if promulgated, 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 copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting 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.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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 removing amendment 39-8440 (57 FR 
60115, December 18, 1992), and by adding a new airworthiness directive 
(AD), to read as follows:

McDonnell Douglas: Docket 2001-NM-210-AD. Supersedes AD 92-27-06, 
Amendment 39-8440.

    Applicability: Model DC-8 series airplanes, serial numbers 45646 
and 45928, and as listed in McDonnell Douglas DC-8 Alert Service 
Bulletin A27-275, Revision 1, dated February 3, 1992; certificated 
in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area

[[Page 38206]]

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 prevent loss of rudder pedals control and reduction of 
braking capability, accomplish the following:

Inspection

    (a) For airplanes listed in McDonnell Douglas DC-8 Alert Service 
Bulletin A27-275, Revision 1, dated February 3, 1992: Prior to the 
accumulation of 15,000 landings or within 270 days after January 22, 
1993 (the effective date of AD 92-27-06, amendment 39-8440), 
whichever occurs later, conduct a visual and eddy current inspection 
to detect cracks of the rudder pedals adjuster hub assembly, part 
number (P/N) 4616066, in accordance with McDonnell Douglas DC-8 
Alert Service Bulletin A27-275, Revision 1, dated February 3, 1992, 
or Revision 2, dated August 5, 1992; or McDonnell Douglas Alert 
Service Bulletin DC8-27A275, Revision 03, dated April 5, 1996. As of 
the effective date of this AD only McDonnell Douglas Alert Service 
Bulletin DC8-27A275, Revision 03, dated April 5, 1996, shall be 
used.
    (b) For airplanes having serial numbers 45646 and 45928: Prior 
to the accumulation of 15,000 total landings, or within 270 days 
after the effective date of this AD, whichever occurs later, conduct 
a visual and eddy current inspection to detect cracks of the rudder 
pedals adjuster hub assembly, P/N 4616066, in accordance with 
McDonnell Douglas DC-8 Alert Service Bulletin A27-275, Revision 1, 
dated February 3, 1992, or Revision 2, dated August 5, 1992; or 
McDonnell Douglas Alert Service Bulletin DC8-27A275, Revision 03, 
dated April 5, 1996. As of the effective date of this AD, only 
McDonnell Douglas Alert Service Bulletin DC8-27A275, Revision 03, 
dated April 5, 1996, shall be used.

No Crack Found During Inspection Required By Paragraph (a) of This AD: 
Repetitive Inspections

    (c) If no crack is detected as a result of the inspections 
required by paragraph (a) of this AD, repeat the inspections at 
intervals not to exceed 3,500 landings.

Any Crack Found: Replacement and Repetitive Inspections

    (d) If any crack is detected as a result of the inspections 
required by paragraph (a), (b), or (c) of this AD, prior to further 
flight, replace the rudder pedals adjuster hub assembly, P/N 
4616066, with a new assembly, P/N 5965435-1, in accordance with 
McDonnell Douglas Alert Service Bulletin DC8-27A275, Revision 03, 
dated April 5, 1996. Accomplishment of the replacement constitutes 
terminating action for the repetitive inspection requirements of 
this AD.

Terminating Action

    (e) Prior to the accumulation of 15,000 total landings, or 
within 3,500 landings after the effective date of this AD, whichever 
occurs later, replace the existing adjuster hub assembly with a new 
assembly, P/N 5965435-1, per McDonnell Douglas Alert Service 
Bulletin DC8-27A275, Revision 03, dated April 5, 1996. 
Accomplishment of the replacement constitutes terminating action for 
the requirements of this AD.

Spares

    (f) As of the effective date of this AD, no person shall install 
an adjuster hub assembly, P/N 4616066, on any airplane.

Alternative Methods of Compliance

    (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, Los Angeles Aircraft Certification 
Office (ACO), FAA. Operators shall submit their requests through an 
appropriate FAA Principal Maintenance Inspector, who may add 
comments and then send it to the Manager, Los Angeles ACO.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Los Angeles ACO.

Special Flight Permits

    (h) Special flight permits may be issued in accordance with 
Secs. 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.

    Issued in Renton, Washington, on July 9, 2001.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-17600 Filed 7-20-01; 8:45 am]
BILLING CODE 4910-13-U