[Federal Register Volume 73, Number 248 (Wednesday, December 24, 2008)]
[Rules and Regulations]
[Pages 78946-78948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30265]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0858; Directorate Identifier 2008-NM-054-AD; 
Amendment 39-15773; AD 2008-26-07]
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-8-60F Series 
Airplanes; Model DC-8-70 Series Airplanes; and Model DC-8-70F Series 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) for all 
McDonnell Douglas airplanes identified above. This AD requires 
repetitive inspections of the lower skin and stringers at stations 
Xw=408 and Xw=-408, and corrective actions if necessary. This AD 
results from reports of cracks in the skins and stringers at the end 
fasteners common to the stringer end fittings at stations Xw= 408 and 
Xw=-408 wing splice joints. We are issuing this AD to detect and 
correct fatigue cracking in the skins and stringers at the end 
fasteners common to the stringer end fittings at certain station and 
wing splice joints, which could result in wing structure that might not 
sustain limit load, and consequent loss of structural integrity of the 
wing.

DATES: This AD is effective January 28, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 28, 
2009.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, Long Beach Division, 3855 Lakewood 
Boulevard, Long Beach, California 90846, Attention: Data and Service 
Management, Dept. C1-L5A (D800-0024); telephone 206-544-9990; fax 206-
766-5682; 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

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an airworthiness directive (AD) that would apply to 
all 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-8-60F series airplanes; Model DC-8-70 series 
airplanes; and Model DC-8-70F series airplanes. That NPRM was published 
in the Federal Register on August 12, 2008 (73 FR 46823). That NPRM 
proposed to require repetitive inspections of the lower skin and 
stringers at stations Xw=408 and Xw=-408, and corrective actions if 
necessary.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comment received from the commenters.

[[Page 78947]]

Request To Review Proposed Compliance Time for Accuracy

    The Air Transport Association (ATA), on behalf of its member UPS, 
requests that we review the compliance time specified in the NPRM 
against Boeing Alert Service Bulletin DC8-57A102, dated February 12, 
2008 (``the service bulletin''). UPS points out that the Relevant 
Service Information section of the NPRM specifies a compliance time of 
``Before the accumulation of 20,000 total flight cycles, or within 
1,500 flight cycles or 2 years after the date of the service bulletin, 
whichever occurs latest.'' UPS further points out that the compliance 
time specified in the service bulletin is ``Before the accumulation of 
20,000 total flight cycles, or within 1,500 flight cycles or 2 years 
after the date of the service bulletin, whichever occurs first.'' UPS 
prefers that the NPRM be revised to match the service bulletin.
    We do not agree to revise the compliance time specified in this 
final rule. However, we find that clarification is necessary because 
the Relevant Service Information section of the NPRM does not 
accurately reflect the compliance time specified in the service 
bulletin.
    It was our intent that the compliance time specified throughout the 
NPRM match the compliance time specified in the service bulletin. The 
Relevant Service Information section of the NPRM should have described 
the compliance time specified in the service bulletin as follows: 
``Whichever occurs later: (1) Before the accumulation of 20,000 total 
flight cycles; or (2) within 1,500 flight cycles or 2 years after the 
date of the service bulletin (whichever occurs first).'' Although it is 
not clear in the NPRM that the grace period is the earlier of ``1,500 
flight cycles or 2 years * * *,'' it is clear that the compliance time 
is the later of 20,000 total flight cycles or the grace period (1,500 
flight cycles or 2 years), as specified in the service bulletin.
    Because paragraph (f) of the NPRM refers to paragraph 1.E., 
``Compliance,'' of the service bulletin as the appropriate source of 
information for the compliance time for the proposed actions, our 
intent was clear that the proposed compliance time for this AD match 
the compliance time provided in the service bulletin. No change to this 
final rule is necessary in this regard.

Conclusion

    We reviewed the relevant data, considered the comment received, and 
determined that air safety and the public interest require adopting the 
AD as proposed.

Costs of Compliance

    We estimate that this AD affects 87 airplanes of U.S. registry. 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     Parts           Cost per product         registered           Fleet cost
                                                          per hour                                               airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection...............................            6          $80           $0  $480, per inspection cycle..           87  $41,760, per inspection
                                                                                                                              cycle.
--------------------------------------------------------------------------------------------------------------------------------------------------------

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 Findings

    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.
    You can find our regulatory evaluation and the estimated costs of 
compliance in the AD Docket.

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 FAA amends Sec.  39.13 by adding the following new AD:

2008-26-07 McDonnell Douglas: Amendment 39-15773. Docket No. FAA-
2008-0858; Directorate Identifier 2008-NM-054-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective January 28, 
2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all 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, DC-8-43, 
DC-8-51, DC-8-52, DC-8-53, 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.

[[Page 78948]]

Unsafe Condition

    (d) This AD results from reports of cracks in the skins and 
stringers at the end fasteners common to the stringer end fittings 
at stations Xw=408 and Xw=-408 wing splice joints. We are issuing 
this AD to detect and correct fatigue cracking in the skins and 
stringers at the end fasteners common to the stringer end fittings 
at certain station and wing splice joints, which could result in 
wing structure that might not sustain limit load, and consequent 
loss of structural integrity of the wing.

Compliance

    (e) Comply with this AD within the compliance times specified, 
unless already done.

Repetitive Inspections and Corrective Actions

    (f) At the times specified in paragraph 1.E., ``Compliance,'' of 
Boeing Alert Service Bulletin DC8-57A102, dated February 12, 2008 
(``the service bulletin''), except as provided by paragraph (g) of 
this AD: Do the applicable inspections for fatigue cracking of the 
lower skin and stringers at stations Xw=408 and Xw=-408, and do all 
applicable corrective actions, by accomplishing all applicable 
actions specified in the Accomplishment Instructions of the service 
bulletin, except as provided by paragraph (h) of this AD. Do all 
corrective actions before further flight, in accordance with the 
service bulletin. Thereafter, repeat the inspections at the 
applicable intervals specified in paragraph 1.E. of the service 
bulletin.
    (g) Where Boeing Alert Service Bulletin DC8-57A102, dated 
February 12, 2008 (``the service bulletin''), specifies a compliance 
time after the date on the service bulletin, this AD requires 
compliance within the specified compliance time after the effective 
date of this AD.
    (h) If any cracking is found during any inspection required by 
this AD, and Boeing Alert Service Bulletin DC8-57A102, dated 
February 12, 2008, specifies to contact Boeing for appropriate 
action: Before further flight, repair the cracking using a method 
approved in accordance with the procedures specified in paragraph 
(i) of this AD.

Alternative Methods of Compliance (AMOCs)

    (i)(1) The Manager, Los Angeles Aircraft Certification Office 
(ACO), FAA, ATTN: Dara Albouyeh, Aerospace Engineer, Airframe 
Branch, ANM-120L, 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) Accomplishing the requirements of this AD is an acceptable 
AMOC with the requirements of paragraph (b) of AD 93-01-15, 
amendment 39-8469, for those areas of principal structural element 
57.08.037/038.

Material Incorporated by Reference

    (j) You must use Boeing Alert Service Bulletin DC8-57A102, dated 
February 12, 2008, to do the actions required by this AD, unless the 
AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Long Beach Division, 3855 Lakewood 
Boulevard, Long Beach, California 90846, Attention: Data and Service 
Management, Dept. C1-L5A (D800-0024); telephone 206-544-9990; fax 
206-766-5682; e-mail [email protected]; Internet https://www.myboeingfleet.com.
    (3) 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.
    (4) 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 December 12, 2008.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-30265 Filed 12-23-08; 8:45 am]
BILLING CODE 4910-13-P