[Federal Register Volume 72, Number 15 (Wednesday, January 24, 2007)]
[Rules and Regulations]
[Pages 3044-3047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-710]


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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
----------------------------------------------------------------------------------------------------------------
             Action                    Work hours        Cost per airplane               Fleet cost
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------

    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]
BILLING CODE 4910-13-P