[Federal Register Volume 73, Number 248 (Wednesday, December 24, 2008)]
[Rules and Regulations]
[Pages 78936-78939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29233]



[[Page 78936]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0123; Directorate Identifier 2007-NM-056-AD; 
Amendment 39-15763; AD 2008-25-05]
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-8-51, 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; and Model DC-8-71F, DC-8-72F, 
and DC-8-73F Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is superseding an existing airworthiness directive 
(AD), which applies to all McDonnell Douglas Model DC-8 airplanes. That 
AD currently requires, among other things, revision of an existing 
program of structural inspections. This new AD requires implementation 
of a revised program of structural inspections of baseline structure to 
detect and correct fatigue cracking in order to ensure the continued 
airworthiness of these airplanes as they approach the manufacturer's 
original fatigue design life goal. This new AD also reduces the 
inspection threshold for certain principal structural elements. This AD 
results from a significant number of these airplanes approaching or 
exceeding the design service goal on which the initial type 
certification approval was predicated. We are issuing this AD to detect 
and correct fatigue cracking that could compromise the structural 
integrity of these airplanes.

DATES: This AD becomes effective January 28, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of January 28, 
2009.
    On February 26, 1993 (58 FR 5576, January 22, 1993), the Director 
of the Federal Register approved the incorporation by reference of 
certain other publications.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
3855 Lakewood Boulevard, MC D800-0019, Long Beach, California 90846-
0001; telephone 206-544-5000, extension 2; fax 206-766-5683; e-mail 
[email protected]; Internet https://www.myboeingfleet.com.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this AD, the regulatory evaluation, 
any comments received, and other information. The address for the 
Docket Office (telephone 800-647-5527) is the Document Management 
Facility, U.S. Department of Transportation, Docket Operations, M-30, 
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., 
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Dara Albouyeh, Aerospace Engineer, 
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification 
Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137; 
telephone (562) 627-5222; fax (562) 627-5210.

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a supplemental notice of proposed rulemaking (NPRM) 
to amend 14 CFR part 39 to include an AD that supersedes AD 93-01-15, 
amendment 39-8469 (58 FR 5576, January 22, 1993). The existing AD 
applies to all McDonnell Douglas Model DC-8 airplanes. That 
supplemental NPRM was published in the Federal Register on August 29, 
2008 (73 FR 50906). That supplemental NPRM proposed to continue to 
require, among other things, revision of an existing program of 
structural inspections. That supplemental NPRM also proposed to require 
implementation of a revised program of structural inspections of 
baseline structure to detect and correct fatigue cracking in order to 
ensure the continued airworthiness of these airplanes as they approach 
the manufacturer's original fatigue design life goal. That supplemental 
NPRM also proposed to reduce the inspection threshold for certain 
principal structural elements.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. No comments have been received on the NPRM or 
on the determination of the cost to the public.

Conclusion

    We have carefully reviewed the available data and determined that 
air safety and the public interest require adopting the AD as proposed.

Costs of Compliance

    There are about 194 airplanes of the affected design in the 
worldwide fleet. The following table provides the estimated costs for 
U.S. operators to comply with this AD.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                         Number of
                                                         Average                           U.S.-
             Action                    Work hours       labor rate   Cost per operator   registered   Fleet cost
                                                         per hour                        airplanes
----------------------------------------------------------------------------------------------------------------
Revision of maintenance           544 per operator             $80  $43,520, per                131     $739,840
 inspection program (required by   (17 U.S.                          operator.
 AD 93-01-15.                      operators).
Revision of maintenance program   250 per operator              80  $20,000...........          131      340,000
 and inspections (new actions).    (17 U.S.
                                   operators).
----------------------------------------------------------------------------------------------------------------

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,

[[Page 78937]]

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 Findings

    We have determined that this AD will not have federalism 
implications under Executive Order 13132. This AD 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.
    For the reasons discussed above, I certify that this AD:
    (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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket. See the ADDRESSES 
section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
removing amendment 39-8469 (58 FR 5576, January 22, 1993) and by adding 
the following new airworthiness directive (AD):

2008-25-05 McDonnell Douglas: Amendment 39-15763. Docket No. FAA-
2008-0123; Directorate Identifier 2007-NM-056-AD.

Effective Date

    (a) This AD becomes effective January 28, 2009.

Affected ADs

    (b) This AD supersedes AD 93-01-15.

Applicability

    (c) This AD applies to all McDonnell Douglas airplanes 
identified in Table 1 of this AD, certificated in any category.

                         Table 1--Applicability
------------------------------------------------------------------------
                                  Model
-------------------------------------------------------------------------
(1) 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.
(2) DC-8-51, DC-8-52, DC-8-53, and DC-8-55 airplanes.
(3) DC-8F-54 and DC-8F-55 airplanes.
(4) DC-8-61, DC-8-62, and DC-8-63 airplanes.
(5) DC-8-61F, DC-8-62F, and DC-8-63F airplanes.
(6) DC-8-71, DC-8-72, and DC-8-73 airplanes.
(7) DC-8-71F, DC-8-72F, and DC-8-73F airplanes.
------------------------------------------------------------------------

Unsafe Condition

    (d) This AD results from a significant number of these airplanes 
approaching or exceeding the design service goal on which the 
initial type certification approval was predicated. We are issuing 
this AD to detect and correct fatigue cracking that could compromise 
the structural integrity of these airplanes.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Certain Requirements of AD 93-01-15

Revise the FAA-Approved Maintenance Inspection Program

    (f) Within 6 months after February 26, 1993 (the effective date 
of AD 93-01-15), incorporate a revision of the FAA-approved 
maintenance inspection program that provides no less than the 
required inspection of the Principal Structural Elements (PSEs) 
defined in sections 2 and 3 of Volume I of McDonnell Douglas Report 
No. L26-011, ``DC-8 Supplemental Inspection Document (SID),'' 
Revision 3, dated March 1991, in accordance with section 2 of Volume 
III-91, dated April 1991, of that document. The non-destructive 
inspection techniques set forth in sections 2 and 3 of Volume II, 
Revision 5, dated March 1991, of that SID provide acceptable methods 
for accomplishing the inspections required by this AD. All 
inspection results, negative or positive, must be reported to 
McDonnell Douglas, in accordance with the instructions of section 2 
of Volume III-91 of the SID. Information collection requirements 
contained in this regulation have been approved by the 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.

Corrective Action

    (g) Cracked structure detected during the inspections required 
by paragraph (f) of this AD must be repaired before further flight, 
in accordance with a method approved by the Manager, Los Angeles 
Aircraft Certification Office (ACO), FAA, Transport Airplane 
Directorate.

New Requirements of This AD

Revision of the Maintenance Inspection Program

    (h) Within 12 months after the effective date of this AD, 
incorporate a revision of the FAA-approved maintenance inspection 
program that provides for inspection(s) of the PSEs, in accordance 
with Boeing Report No. L26-011, ``DC-8 All Series Supplemental 
Inspection Document (SID),'' Volume I, Revision 7, dated March 2008. 
Incorporation of this revision ends the requirements of paragraphs 
(f) and (g) of this AD.

Non-Destructive Inspections (NDIs)

    (i) For all PSEs listed in Section 2 of Boeing Report No. L26-
011, ``DC-8 All Series Supplemental Inspection Document (SID),'' 
Volume I, Revision 7, dated March 2008, perform an NDI for fatigue 
cracking of each PSE, in accordance with the NDI procedures 
specified in Section 2 of McDonnell Douglas Report No. L26-011, 
``DC-8 Supplemental Inspection Document (SID),'' Volume II, Revision 
8, dated January 2005, at the times specified in paragraph (i)(1), 
(i)(2), or (i)(3) of this AD, as applicable.
    (1) For airplanes that have less than three quarters of the 
fatigue life threshold (\3/4\NTH) as of the effective 
date of this AD: Perform the NDI for fatigue cracking at the times 
specified in paragraphs (i)(1)(i) and (i)(1)(ii) of this AD. After 
reaching the threshold (NTH), repeat the inspection for 
that PSE at intervals not to exceed [Delta]NDI/2.
    (i) Perform an initial NDI no earlier than one-half of the 
threshold (\1/2\NTH) but before reaching three-quarters 
of the threshold (\3/4\NTH), or within 60 months after 
the effective date of this AD, whichever occurs later.
    (ii) Repeat the NDI no earlier than \3/4\NTH but 
before reaching the threshold (NTH), or within 18 months 
after the inspection required by paragraph (i)(1)(i) of this AD, 
whichever occurs later.

    Note 1: The DC-8 SID and this AD refer to the repetitive 
inspection interval as [Delta]NDI/2. However, the headings of the 
tables in section 4 of Volume I, Revision 7, dated March 2008, of 
the DC-8 SID refer to the repetitive inspection interval of NDI/2. 
The values listed under NDI/2 in the tables in section 4 of Volume 
I, Revision 7, dated March 2008, of the DC-8 SID are the repetitive 
inspection intervals, [Delta]NDI/2.

    (2) For airplanes that have reached or exceeded three-quarters 
of the fatigue life threshold (\3/4\NTH), but less than 
the threshold (NTH), as of the effective date of this AD: 
Perform an NDI before reaching the threshold

[[Page 78938]]

(NTH), or within 18 months after the effective date of 
this AD, whichever occurs later. Thereafter, after passing the 
threshold (NTH), repeat the inspection for that PSE at 
intervals not to exceed [Delta]NDI/2.
    (3) For airplanes that have reached or exceeded the fatigue life 
threshold (NTH) as of the effective date of this AD: 
Perform an NDI within 18 months after the effective date of this AD. 
Thereafter, repeat the inspection for that PSE at intervals not to 
exceed [Delta]NDI/2.

Discrepant Findings

    (j) If any discrepancy (e.g., differences on the airplane from 
the NDI reference standard, such as PSEs that cannot be inspected as 
specified in McDonnell Douglas Report No. L26-011, ``DC-8 
Supplemental Inspection Document (SID),'' Volume II, Revision 8, 
dated January 2005, or do not match rework, repair, or modification 
descriptions in Boeing Report No. L26-011, ``DC-8 All Series 
Supplemental Inspection Document (SID),'' Volume I, Revision 7, 
dated March 2008) is detected during any inspection required by 
paragraph (i) of this AD, do the action specified in paragraph 
(j)(1) or (j)(2) of this AD, as applicable.
    (1) If a discrepancy is detected during any inspection done 
before \3/4\NTH or NTH: The area of the PSE 
affected by the discrepancy must be inspected before NTH 
or within 18 months after the discovery of the discrepancy, 
whichever occurs later, in accordance with a method approved by the 
Manager, Los Angeles ACO.
    (2) If a discrepancy is detected during any inspection done 
after NTH: The area of the PSE affected by the 
discrepancy must be inspected before the accumulation of an 
additional [Delta]NDI/2 or within 18 months after the discovery of 
the discrepancy, whichever occurs later, in accordance with a method 
approved by the Manager, Los Angeles ACO.

Reporting Requirements

    (k) All negative or positive findings of the inspections done in 
accordance with paragraph (i) of this AD must be reported to Boeing 
at the times specified in, and in accordance with, the instructions 
contained in section 4 of Boeing Report No. L26-011, ``DC-8 All 
Series Supplemental Inspection Document (SID),'' Volume I, Revision 
7, dated March 2008. Information collection requirements contained 
in this regulation have been approved by the Office of Management 
and Budget (OMB) under the provisions of the Paperwork Reduction Act 
of 1980 (44 U.S.C. 3501 et seq.) and have been assigned OMB Control 
Number 2120-0056.

Corrective Actions

    (l) Any cracked structure of a PSE detected during any 
inspection required by paragraph (i) of this AD must be repaired 
before further flight using a method approved in accordance with the 
procedures specified in paragraph (p) of this AD. Accomplish the 
actions described in paragraphs (l)(1), (l)(2), and (l)(3) of this 
AD, at the times specified.
    (1) Within 18 months after repair, do a damage tolerance 
assessment (DTA) that defines the threshold for inspection of the 
repair and submit the assessment for approval.
    (2) Before reaching 75 percent of the repair threshold as 
determined in paragraph (l)(1) of this AD, submit the inspection 
methods and repetitive inspection intervals for the repair for 
approval.
    (3) Before the repair threshold, as determined in paragraph 
(l)(1) of this AD, incorporate the inspection method and repetitive 
inspection intervals into the FAA-approved structural maintenance or 
inspection program for the airplane.

    Note 2: For the purposes of this AD, we anticipate that 
submissions of the DTA of the repair, if acceptable, should be 
approved within 6 months after submission.


    Note 3: FAA Order 8110.54, ``Instructions for Continued 
Airworthiness, Responsibilities, Requirements, and Contents'' dated 
July 1, 2005, provides additional guidance about the approval of 
repairs to PSEs.

Inspection for Transferred Airplanes

    (m) Before any airplane that has exceeded the fatigue life 
threshold (NTH) can be added to an air carrier's 
operations specifications, a program for the accomplishment of the 
inspections required by this AD must be established as specified in 
paragraph (m)(1) or (m)(2) of this AD, as applicable.
    (1) For airplanes that have been inspected in accordance with 
this AD: The inspection of each PSE must be done by the new operator 
in accordance with the previous operator's schedule and inspection 
method, or the new operator's schedule and inspection method, at 
whichever time would result in the earlier accomplishment date for 
that PSE inspection. The compliance time for accomplishing this 
inspection must be measured from the last inspection done by the 
previous operator. After each inspection has been done once, each 
subsequent inspection must be done in accordance with the new 
operator's schedule and inspection method.
    (2) For airplanes that have not been inspected in accordance 
with this AD: The inspection of each PSE required by this AD must be 
done either before adding the airplane to the air carrier's 
operations specification, or in accordance with a schedule and an 
inspection method approved by the Manager, Los Angeles ACO. After 
each inspection has been done once, each subsequent inspection must 
be done in accordance with the new operator's schedule.

Acceptable for Compliance

    (n) McDonnell Douglas Report No. MDC 91K0262, ``DC-8 Aging 
Aircraft Repair Assessment Program Document,'' Revision 1, dated 
October 2000, provides inspection/replacement programs for certain 
repairs to the fuselage pressure shell. Accomplishing these repairs 
and inspection/replacement programs before the effective date of 
this AD is considered acceptable for compliance with the 
requirements of paragraphs (g) and (l) of this AD for repairs 
subject to that document.
    (o) Actions done before the effective date of this AD in 
accordance with Boeing Report No. L26-011, ``DC-8 All Series 
Supplemental Inspection Document (SID),'' Volume I, Revision 6, 
dated July 2005, are acceptable for compliance with the 
corresponding requirements of this AD.

Alternative Methods of Compliance (AMOCs)

    (p)(1) The Manager, Los Angeles ACO, FAA, ATTN: Dara Albouyeh, 
Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles 
Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, 
California 90712-4137; telephone (562) 627-5222; fax (562) 627-5210; 
has the authority to approve AMOCs for this AD, if requested using 
the procedures found in 14 CFR 39.19.
    (2) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your appropriate principal inspector (PI) in the FAA 
Flight Standards District Office (FSDO), or lacking a PI, your local 
FSDO.
    (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.
    (4) AMOCs approved previously in accordance with AD 93-01-15 are 
approved as AMOCs for the corresponding provisions of this AD.

Material Incorporated by Reference

    (q) You must use the service information identified in Table 2 
of this AD to perform the actions that are required by this AD, as 
applicable, unless the AD specifies otherwise.

               Table 2--Material Incorporated by Reference
------------------------------------------------------------------------
     Service information         Revision level             Date
------------------------------------------------------------------------
Boeing Report No. L26-011,    7...................  March 2008.
 ``DC-8 All Series
 Supplemental Inspection
 Document (SID),'' Volume I.
McDonnell Douglas Report No.  3...................  March 1991.
 L26-011, ``DC-8
 Supplemental Inspection
 Document (SID),'' Volume I.
McDonnell Douglas Report No.  8...................  January 2005.
 L26-011, ``DC-8
 Supplemental Inspection
 Document (SID),'' Volume II.

[[Page 78939]]

 
McDonnell Douglas Report No.  Original............  April 1991.
 L26-011, ``DC-8
 Supplemental Inspection
 Document (SID),'' Volume
 III-91.
------------------------------------------------------------------------

    Boeing Report No. L26-011, ``DC-8 All Series Supplemental 
Inspection Document (SID),'' Volume I, Revision 7, dated March 2008, 
contains the following effective pages:

------------------------------------------------------------------------
                Pages                   Revision           Date
------------------------------------------------------------------------
List of Effective Pages, Pages A               7  March 2008.
 through C.
------------------------------------------------------------------------

    McDonnell Douglas Report No. L26-011, ``DC-8 Supplemental 
Inspection Document (SID),'' Volume II, Revision 8, dated January 
2005, contains the following effective pages:

------------------------------------------------------------------------
                Pages                   Revision           Date
------------------------------------------------------------------------
List of Effective Pages, Pages A               8  March 2008.
 through L.
------------------------------------------------------------------------

    (1) The Director of the Federal Register approved the 
incorporation by reference of Boeing Report No. L26-011, ``DC-8 All 
Series Supplemental Inspection Document (SID),'' Volume I, Revision 
7, dated March 2008; and McDonnell Douglas Report No. L26-011, ``DC-
8 Supplemental Inspection Document (SID),'' Volume II, Revision 8, 
dated January 2005; in accordance with 5 U.S.C. 552(a) and 1 CFR 
part 51.
    (2) On February 26, 1993 (58 FR 5576, January 22, 1993), the 
Director of the Federal Register approved the incorporation by 
reference of McDonnell Douglas Report No. L26-011, ``DC-8 
Supplemental Inspection Document (SID),'' Volume I, Revision 3, 
dated March 1991; and McDonnell Douglas Report No. L26-011, ``DC-8 
Supplemental Inspection Document (SID),'' Volume III-91, dated April 
1991.
    (3) Contact Boeing Commercial Airplanes, Attention: Data & 
Services Management, 3855 Lakewood Boulevard, MC D800-0019, Long 
Beach, California 90846-0001; telephone 206-544-5000, extension 2; 
fax 206-766-5683; e-mail [email protected]; Internet https://www.myboeingfleet.com.
    (4) You may review copies of the service information that is 
incorporated by reference at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington. For 
information on the availability of this material at the FAA, call 
425-227-1221 or 425-227-1152.
    (5) You may also review copies of the service information at the 
National Archives and Records Administration (NARA). For information 
on the availability of this material at NARA, call 202-741-6030, or 
go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on November 26, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-29233 Filed 12-23-08; 8:45 am]
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