[Federal Register Volume 68, Number 200 (Thursday, October 16, 2003)]
[Rules and Regulations]
[Pages 59532-59535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-25869]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-184-AD; Amendment 39-13336; AD 2003-21-02]
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-8-70 Series 
Airplanes; and Model 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 transport category airplanes, 
that requires an inspection to determine the material composition of 
the lower inboard auxiliary spar cap of the left and right wings. For 
certain airplanes, this AD also requires repetitive detailed and dye 
penetrant inspections for cracking of the spar cap, and corrective 
actions if necessary. This action is necessary to detect and correct 
stress corrosion cracking of the auxiliary spar cap, which could cause 
excessive loads to the structure attaching the support fitting of the 
main landing gear (MLG) to the wing, and result in loss of the MLG. 
This action is intended to address the identified unsafe condition.

DATES: Effective November 20, 2003.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of November 20, 2003.

ADDRESSES: The service information referenced in this AD 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 Federal Aviation

[[Page 59533]]

Administration (FAA), Transport Airplane Directorate, Rules Docket, 
1601 Lind Avenue, SW., Renton, Washington; or at the Los Angeles 
Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, 
California; or at the Office of the Federal Register, 800 North Capitol 
Street, NW., suite 700, Washington, DC.

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 
airplanes was published in the Federal Register on April 16, 2003 (68 
FR 18567). That action proposed to require an inspection to determine 
the material composition of the auxiliary spar cap of the lower inboard 
of the left and right wings. For certain airplanes, that action also 
proposed to require repetitive detailed and dye penetrant inspections 
for cracking of the spar cap, and corrective actions if necessary.

Changes to the Notice of Proposed Rulemaking (NPRM)

    The FAA has reviewed the descriptive phrase, ``auxiliary spar cap 
of the lower inboard of the left and right wings,'' as specified in the 
NPRM, and has determined that the phrase, ``the lower inboard auxiliary 
spar cap of the left and right wing,'' is more consistent with the 
wording of McDonnell Douglas DC-8 Service Bulletin 57-85, Revision 1, 
dated July 5, 1991 (the service bulletin specified in the NPRM). 
Therefore, we have revised that phrase where it appears in this final 
rule.
    We also have revised paragraph (b) of this final rule to more 
accurately reflect the intent of the referenced service bulletin by 
specifying that the detailed inspection and a dye penetrant inspection 
for cracking be performed on both the lower inboard auxiliary spar 
caps.
    Additionally, we have revised paragraph (b) of the final rule, 
added new paragraphs (c) and (d) of the final rule, and renumbered 
subsequent paragraphs accordingly to clarify the follow-on actions 
required for any cracking that is found.

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 Clarify Compliance Time

    One commenter requests that the FAA clarify the compliance time in 
paragraph (b) of the Notice of Proposed Rulemaking (NPRM). The 
commenter suggests that adding the words, ``whichever occurs later'' 
would clarify the intention of ``Within 2 years or 2,000 flight 
cycles.''
    The FAA agrees that clarification is needed. We inadvertently 
omitted the qualifying phrase after the words, ``Within 2 years or 
2,000 flight cycles.'' However, our intention was not to permit the 
operator to choose whichever compliance time occurred later. We have 
determined that a compliance time of within 2 years or 2,000 flight 
cycles, whichever occurs first, is sufficient and adequate time to 
perform the detailed inspection and dye penetrant inspections required 
by paragraph (b) of the AD. We point out that the inspections required 
by paragraph (b) of the AD are required within 2 years or 2,000 flight 
cycles, whichever occurs first, after accomplishing the inspection 
required by paragraph (a) of the AD. Paragraph (a) of the AD has a 
compliance time of within 24 months or 2,000 flight cycles after the 
effective date of the AD, whichever occurs later. Considering the ample 
lead time to plan for these inspections, we have determined that a 
compliance time of 2 years or 2,000 flight cycles, whichever occurs 
first, after accomplishing the compliance time of paragraph (a) of the 
AD, is reasonable and provides an adequate level of safety of the 
affected fleet. We have revised paragraph (b) of the AD to clarify that 
the qualifying phrase for the compliance time is, ``Within 2 years or 
2,000 flight cycles, whichever occurs first, after accomplishing the 
compliance time of paragraph (a).'' However, under the provisions of 
paragraph (e) of the AD, we may approve requests for adjustments to the 
compliance time if data are submitted to substantiate that such 
adjustments would provide an acceptable level of safety.

Request To Extend the Repetitive Inspections Intervals

    The same commenter also requests that the repetitive inspection 
interval specified in paragraph (b)(2) of the NPRM be increased from 
1,600 flight cycles to 1,800 flight cycles. The commenter explains that 
such an extension of the repetitive inspection interval would coincide 
with the ``C'' check interval for its fleet. In addition, the commenter 
points out that the FAA has an obligation to consider many factors, 
such as other AD requirements and compliance times, when developing an 
appropriate compliance time. The commenter considers that the proposed 
repetitive inspection interval also would require scheduling special 
times to accomplish the inspections--at considerable additional 
expense.
    We do not concur that the repetitive inspection interval should be 
extended. In developing an appropriate inspection interval for this AD, 
we considered the manufacturer's recommendation, the degree of urgency 
associated with the subject unsafe condition, the average utilization 
of the affected fleet, and the time necessary to perform the 
inspections. In light of all of these factors, we find that a 
repetitive inspection interval of 1,600 flight cycles represents an 
appropriate interval of time for affected airplanes to continue to 
operate without compromising safety. No change is necessary to the 
final rule in this regard. However, under the provisions of paragraph 
(e) of the AD, we may approve requests for adjustments to the 
repetitive inspection interval if data are submitted to substantiate 
that such an adjustment would provide an acceptable level of safety.

Conclusion

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the changes previously 
described. The FAA has determined that this change will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Changes to 14 CFR part 39/Effect on the AD

    On July 10, 2002, the FAA issued a new version of 14 CFR part 39 
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness 
directives system. The regulation now includes material that relates to 
altered products, special flight permits, and alternative methods of 
compliance. However, for clarity and consistency in this final rule, we 
have retained the language of the NPRM regarding that material.

Change to Labor Rate Estimate

    We have reviewed the figures we have used over the past several 
years to calculate AD costs to operators. To account for various 
inflationary costs in the airline industry, we find it necessary to 
increase the labor rate used in these calculations from $60 per work 
hour to $65 per work hour. The cost impact

[[Page 59534]]

information, below, reflects this increase in the specified hourly 
labor rate.

Cost Impact

    There are approximately 264 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 244 airplanes of U.S. registry 
will be affected by this AD, that it will take approximately 2 work 
hours per airplane to accomplish the required actions, and that the 
average labor rate is $65 per work hour. Based on these figures, the 
cost impact of the AD on U.S. operators is estimated to be $31,720, or 
$130 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the 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 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:

2003-21-02 McDonnell Douglas: Amendment 39-13336. Docket 2001-NM-
184-AD.

    Applicability: 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; as listed in McDonnell Douglas DC-8 Service 
Bulletin 57-85, Revision 1, dated July 5, 1991; 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 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 (e) 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 cracking of the lower inboard auxiliary 
spar cap, which could cause excessive loads to the structure 
attaching the support fitting of the main landing gear (MLG) to the 
wing, and result in loss of the MLG; accomplish the following:

Inspection To Determine the Material of the Auxiliary Spar Cap

    (a) Within 24 months or 2,000 flight cycles after the effective 
date of this AD, whichever occurs later, inspect to determine the 
material composition of the lower inboard auxiliary spar cap (part 
numbers 5615058-1 through -506 inclusive) of the left and right 
wings, in accordance with a method approved by the Manager, Los 
Angeles Aircraft Certification Office (ACO), FAA; or by performing 
an eddy current test of the auxiliary spar cap per the Non-
Destructive Testing Standard Practice Manual MDC-93K0393 (NDTSPM) 
06-10-01.006. If the material of the spar cap is 7075-T73 aluminum, 
no further action is required by this paragraph.

Inspections for Cracking and Follow-on Corrective Actions

    (b) If the material of the lower inboard auxiliary spar cap 
found during the inspection required by paragraph (a) of this AD is 
7075-T6 aluminum: Within 2 years or 2,000 flight cycles, whichever 
occurs first, after accomplishing the inspection required by 
paragraph (a) of this AD, perform a detailed inspection and a dye 
penetrant inspection for cracking of both of the lower inboard 
auxiliary spar caps; per McDonnell Douglas DC-8 Service Bulletin 57-
85, Revision 1, dated July 5, 1991. If no cracking is detected, 
repeat the inspection at intervals not to exceed 6,400 flight hours, 
until both auxiliary spar caps are replaced with spar caps made with 
7075-T73 aluminum, in accordance with the service bulletin.

    Note 2: For the purposes of this AD, a detailed inspection is 
defined as: ``An intensive visual examination of a specific 
structural area, system, installation, or assembly to detect damage, 
failure, or irregularity. Available lighting is normally 
supplemented with a direct source of good lighting at intensity 
deemed appropriate by the inspector. Inspection aids such as mirror, 
magnifying lenses, etc., may be used. Surface cleaning and elaborate 
access procedures may be required.''

Follow-on Corrective Actions for Certain Cracking

    (c) For any cracking detected that is described in Conditions II 
through IV of the Accomplishment Instructions of McDonnell Douglas 
DC-8 Service Bulletin 57-85, Revision 1, dated July 5, 1991: Before 
further flight, accomplish the applicable corrective actions 
(rework, repair, apply corrosion inhibiting compound, or replace 
fittings) per the service bulletin. For Conditions II through IV, 
repeat the inspection for cracking at intervals specified in 
paragraph 1.D of the service bulletin not to exceed 1,600 flight 
cycles. Replacement of both spar caps with 7075-T73 aluminum is 
terminating action for the requirements of this AD.

Follow-on Corrective Actions for Certain Other Cracking

    (d) If any cracking is detected that is described in Condition V 
or VI of the Accomplishment Instructions of McDonnell Douglas DC-8 
Service Bulletin 57-85, Revision 1, dated July 5, 1991: Before 
further flight, replace the auxiliary spar cap with a cap composed 
of 7075-T73 aluminum, in accordance with the service bulletin, or 
repair by a method approved by the Manager, Los Angeles ACO. For a 
repair method to be approved by the Manager, Los Angeles ACO, as 
required by this paragraph, the Manager's approval letter must 
specifically reference this AD.

Alternative Methods of Compliance

    (e) An alternative method of compliance or adjustment of the 
compliance time that

[[Page 59535]]

provides an acceptable level of safety may be used if approved by 
the Manager, Los Angeles ACO. 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 3: 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

    (f) 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.

Incorporation by Reference

    (g) Unless otherwise specified in this AD, the actions shall be 
done in accordance with McDonnell Douglas DC-8 Service Bulletin 57-
85, Revision 1, dated July 5, 1991. 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. Copies 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). Copies may be inspected at the 
FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington; or at the Los Angeles Aircraft Certification Office, 
3960 Paramount Boulevard, Lakewood, California; or at the Office of 
the Federal Register, 800 North Capitol Street, NW., suite 700, 
Washington, DC.

Effective Date

    (h) This amendment becomes effective on November 20, 2003.

    Issued in Renton, Washington, on October 7, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-25869 Filed 10-15-03; 8:45 am]
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