[Federal Register Volume 71, Number 142 (Tuesday, July 25, 2006)]
[Proposed Rules]
[Pages 42062-42065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-11805]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 71, No. 142 / Tuesday, July 25, 2006 / 
Proposed Rules  

[[Page 42062]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-183-AD]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model DC-8-55, DC-8F-
54, and DC-8F-55 Airplanes; and DC-8-60, DC-8-70, DC-8-60F, and DC-8-
70F Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

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

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SUMMARY: This document revises an earlier proposed airworthiness 
directive (AD), applicable to certain McDonnell Douglas Model DC-8 
airplanes. That proposed AD would have required a one-time inspection 
for cracks of the aft fuselage skin panel at the longeron 28 skin 
splice; repair of any cracks detected; and reporting of the findings of 
the inspection to the manufacturer. This new action revises the 
proposed AD by removing airplanes from the applicability; and adds 
repetitive inspections for cracks in the same area, a one-time 
inspection for previous repairs, and repair if necessary. This new 
action also would require reporting the inspection findings to the 
manufacturer, and would provide optional actions for extending the 
repetitive inspection intervals. The requirements proposed by this new 
action 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: Comments must be received by August 21, 2006.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-183-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98057-3356. Comments may be inspected at this 
location between 9 a.m. and 3 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-183-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 or 2000 or 
ASCII text.
    The service information referenced in the proposed 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 FAA, Transport Airplane Directorate, 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:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed AD 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 AD. 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 AD. 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 proposed AD 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-183-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-183-AD, 1601 Lind Avenue, SW., Renton, Washington 
98057-33056.

Discussion

    A proposal to amend part 39 of the Federal Aviation Regulations (14 
CFR part 39) to add an airworthiness directive (AD), applicable to 
certain 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; DC-8-50 series 
airplanes; DC-8F-54 and DC-8F-55 airplanes; DC-8-60 series airplanes; 
DC-8-60F series airplanes; DC-8-70 series airplanes; and DC-8-70F 
series airplanes; all with flat aft pressure bulkheads; was published 
as a notice of proposed rulemaking (NPRM) in the Federal Register on 
October 8, 2003 (68 FR 58044). That NPRM would have required a one-time 
inspection of the aft fuselage skin panel at the longeron 28 skin 
splice for cracks; repair of any cracks detected; and reporting of the 
findings of the inspection to the manufacturer. That NPRM was prompted 
by a report indicating that a

[[Page 42063]]

crack was found in the aft fuselage skin at the longeron 28 skin splice 
just forward of the aft pressure bulkhead. That condition, if not 
corrected, could lead to loss of structural integrity of the aft 
fuselage, resulting in rapid decompression of the airplane.

Actions Since Issuance of Previous Proposal

    Since the issuance of that NPRM, Boeing has issued a service 
bulletin that addresses the unsafe condition. No service bulletin was 
cited as part of the actions in the original NPRM. In that NPRM we 
stated that the manufacturer was developing service information which 
could include repetitive inspections and repairs. The manufacturer has 
now released that service bulletin and this supplemental NPRM results 
from that new service information.
    In addition, we received one comment regarding the procedures in 
the original NPRM. Due consideration has been given to the one comment 
received in response to the NPRM.

Request To Withdraw the NPRM

    UPS requests that we withdraw the original NPRM because it believes 
the one crack it found in its fleet was an isolated incident that does 
not indicate an unsafe condition exists for the remaining fleet.
    We disagree. Since the original NPRM was released, two other 
operators reported cracks in the same area. We have not changed the 
supplemental NPRM in this regard.

Explanation of Relevant Service Information

    We have reviewed Boeing Alert Service Bulletin DC8-53A080, dated 
June 22, 2004. This service bulletin describes procedures for a one-
time visual inspection to determine if there are previous repairs of 
the aft fuselage skin panel at the longeron 28 skin splice.
    For areas that have not been previously repaired, the service 
bulletin describes procedures for repetitive general visual inspections 
and high-frequency eddy current (HFEC) inspections for discrepancies of 
the unrepaired areas; and repair if necessary. Discrepancies can 
include distortion, damage, cracks, corrosion, and loose parts. The 
service bulletin specifies doing the inspections 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.
    The service bulletin gives operators options for three HFEC 
inspection types: HFEC magneto-optic/eddy current imager, HFEC surface 
probe, and HFEC sliding probe. The service bulletin also describes 
procedures for related investigative and corrective actions if 
necessary. The related investigative action is a visual inspection for 
cracks of fasteners adjacent to detected skin cracks. The corrective 
action is replacing failed fasteners or repairing the skin crack 
locally, as applicable. The service bulletin also describes procedures 
for reporting inspection findings to the manufacturer.
    For areas that have been previously repaired, the service bulletin 
specifies that operators should remove the previous repairs within 2 
years after the general visual inspection, 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; or contact Boeing for disposition.
    Installing a full-length preventive modification, doing a full-
length repair, or doing a local repair, terminates the repetitive 
inspections specified in this supplemental NPRM for un-repaired areas. 
After installing the preventive modification, full-length repair, or 
local repair, the service bulletin specifies repetitive external 
visual, general visual, HFEC, or low-frequency eddy current 
inspections, as applicable, for discrepancies of the repaired areas, 
along all four edges of the doubler. The service bulletin specifies 
doing the repetitive inspections in accordance with the service rework 
drawing or the service bulletin, as applicable; and repairing any 
discrepancy in accordance with the service rework drawing or the 
service bulletin, as applicable. Accomplishment of the actions 
specified in the service bulletin is intended to adequately address the 
identified unsafe condition.

Difference Between Supplemental NPRM and Service Bulletin

    The service bulletin specifies to contact the manufacturer for 
instructions on how to repair certain conditions, but this supplemental 
NPRM would require repairing those conditions in one of the following 
ways:
     Using a method that we approve; or
     Using data that meet the certification basis of the 
airplane, and that have been approved by an Authorized Representative 
for the Boeing Commercial Airplanes Delegation Option Authorization 
Organization whom we have authorized to make those findings.

Reporting Requirements

    This supplemental NPRM would require that operators report the 
positive results of the inspections to the FAA. Because the cause of 
the cracking is not known, these required inspection reports will help 
determine the extent of the cracking in the affected fleet. Based on 
the results of these reports, we may determine that further corrective 
action is warranted.

Explanation of Changes to Applicability

    We have revised the applicability of the original NPRM to exclude 
certain airplanes. 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; and 
certain DC-8-50 series airplanes; were included in the original NPRM. 
We have determined that these airplanes are not subject to the unsafe 
condition addressed by this proposed AD. Boeing's service bulletin 
further defines the airplane models that are affected by this proposed 
AD.
    We have also revised the applicability of the original NPRM to 
identify model designations as published in the most recent type 
certificate data sheet for the affected models.

Explanation of Additional Changes Made to the NPRM

    Boeing Commercial Airplanes has received a Delegation Option 
Authorization (DOA). We have revised this action to delegate the 
authority to approve an alternative method of compliance for any repair 
required by this AD to an Authorized Representative for the Boeing 
Commercial Airplanes DOA rather than a Designated Engineering 
Representative (DER).
    We have revised this action to clarify the appropriate procedure 
for notifying the principal inspector before using any approved 
Alternative Method of Compliance (AMOC) on any airplane to which the 
AMOC applies.
    After the original NPRM was issued, we 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 
$65 per work hour to $80 per work hour. The cost impact information, 
below, reflects this increase in the specified hourly labor rate.

Clarification of Inspection Language

    Where the Accomplishment Instructions of the Boeing service

[[Page 42064]]

bulletin specify doing a visual inspection, this supplemental NPRM 
calls that inspection a ``general visual inspection.'' A definition of 
a general visual inspection is included in a note in the regulatory 
text.

Conclusion

    Since these changes expand the scope of the originally proposed AD, 
the FAA has determined that it is necessary to reopen the comment 
period to provide additional opportunity for public comment.

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 
would be affected by this proposed AD, that it would take between 2 and 
4 work hours per airplane to do the initial inspection to see if a 
doubler is installed, and that the average labor rate is $80 per work 
hour. Based on these figures, the cost impact of the proposed AD on 
U.S. operators is estimated to be between $39,040 and $78,080, or 
between $160 and $320 per airplane.
    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 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 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 adding the following new 
airworthiness directive:

McDonnell Douglas: 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 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,

[[Page 42065]]

2004, and Boeing Engineering Order, dated January 13, 2004. Do the 
inspections in paragraph (d) of this AD thereafter at the applicable 
interval time 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 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 paragraph (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 of 1980 (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.

    Issued in Renton, Washington, on July 18, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E6-11805 Filed 7-24-06; 8:45 am]
BILLING CODE 4910-13-P