AD 2008-09-04

[Federal Register Volume 73, Number 78 (Tuesday, April 22, 2008)]
[Rules and Regulations]
[Pages 21523-21526]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: E8-8532]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0031; Directorate Identifier 2007-NM-313-AD; 
Amendment 39-15484; AD 2008-09-04]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model 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.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all 
McDonnell Douglas airplanes identified above. This AD requires revising 
the FAA-approved maintenance program to incorporate new airworthiness 
limitations for fuel tank systems to satisfy Special Federal Aviation 
Regulation No. 88 requirements. This AD results from a design review of 
the fuel tank systems. We are issuing this AD to prevent the potential 
for ignition sources inside fuel tanks caused by latent failures, 
alterations, repairs, or maintenance actions, which, in combination 
with flammable fuel vapors, could result in a fuel tank explosion and 
consequent loss of the airplane.

DATES: This AD is effective May 27, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 27, 
2008.

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).

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a>; 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,

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1200 New Jersey Avenue, SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Samuel Lee, Aerospace Engineer, 
Propulsion Branch, ANM-140L, FAA, Los Angeles Aircraft Certification 
Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137; 
telephone (562) 627-5262; 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-8-31, 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 January 18, 2008 (73 FR 3419). That NPRM proposed to require 
revising the FAA-approved maintenance program to incorporate new 
airworthiness limitations for fuel tank systems to satisfy Special 
Federal Aviation Regulation No. 88 requirements.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received from the one commenter, 
Boeing.

Changes Made to This AD

    For standardization purposes, we have revised this AD in the 
following ways:
    <bullet> We have added a new paragraph (h) to this AD to specify 
that no alternative inspections, inspection intervals, or critical 
design configuration control limitations (CDCCLs) may be used unless 
they are part of a later approved revision of the Boeing DC-8 Special 
Compliance Item Report, MDC-02K9030, Revision A, dated August 8, 2006 
(hereafter referred to as ``Report MDC-02K9030''), or unless they are 
approved as an alternative method of compliance (AMOC). Inclusion of 
this paragraph in the AD is intended to ensure that the AD-mandated 
airworthiness limitations changes are treated the same as the 
airworthiness limitations issued with the original type certificate. We 
have renumbered the subsequent paragraphs accordingly.
    <bullet> We have simplified the language in Note 1 of this AD to 
clarify that an operator must request approval for an AMOC if the 
operator cannot accomplish the required inspections because an airplane 
has been previously modified, altered, or repaired in the areas 
addressed by the required inspections.

Request To Revise Note 1

    Boeing requests that we revise Note 1 of the NPRM to clarify that 
deviations from the AWLs specified in Report MDC-02K9030, should be 
approved as an AMOC according to paragraph (h) of the NPRM. Boeing 
states that Note 1 of the NPRM might be interpreted to mean that the 
Airworthiness Limitations (AWLs) specified in Report MDC-02K9030 must 
be revised to reflect modifications, alterations, or repairs that are 
initiated by an operator and outside of Boeing's design cognizance and 
responsibility. Boeing requests that we revise Note 1 as follows:
    <bullet> Replace the words ``revision to'' with ``deviation from'' 
in the last sentence.
    <bullet> Delete the words ``(f), or'' and ``as applicable'' from 
the last sentence.
    As stated previously, we have simplified the language in Note 1 of 
this AD for standardization with other similar ADs. The language the 
commenter requests we change does not appear in the revised note; 
therefore, no additional change to this AD is necessary in this regard.

Request To Clarify Approval of Component Maintenance Manual (CMM) 
Changes

    Boeing requests that we revise the heading and certain wording for 
the ``Changes to Component Maintenance Manuals (CMMs) Cited in Fuel 
Tank System AWLs'' section of the NPRM. Boeing believes that section 
was intended to address situations where an operator chooses to deviate 
from the procedures in the CMM referenced in Report MDC-02K9030. Boeing 
states that its proposed changes are intended to clarify that only 
deviations proposed by an operator require approval of the Manager, Los 
Angeles Aircraft Certification Office, FAA. Boeing further states that 
wording in the NPRM could be interpreted to mean that approval of a CMM 
in its entirety, including any future CMM revisions by Boeing, would 
require direct approval of the Manager, Los Angeles, ACO, or governing 
regulatory authority. Specifically, Boeing requests that we revise that 
section as follows:
    <bullet> Revise the heading to ``Deviations from Component 
Maintenance Manuals (CMMs) Cited in Fuel Tank System AWLs.''
    <bullet> Revise the third sentence to state that the Manager, Los 
Angeles ACO, must approve ``any deviations from'' the CMMs ``as defined 
in Report MDC-02K9030.''
    <bullet> Replace the words ``revision of'' with ``deviation from'' 
in the fourth sentence.
    <bullet> Revise the fourth sentence to state that those CMMs ``as 
defined in Report MDC-02K9030'' will be handled like a change to the 
AWL itself.
    <bullet> Delete the entire last sentence.
    We agree that clarification is necessary. Our intent is that any 
deviation from the CMMs as defined in Report MDC-02K9030 must be 
approved by the Manager, Los Angeles ACO, or the governing regulatory 
authority, before those deviations can be used. However, we have not 
changed the AD as suggested by the commenter, since the ``Changes to 
Component Maintenance Manuals (CMMs) Cited in Fuel Tank System AWLs'' 
section of the NPRM is not retained in this final rule.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
the AD as proposed with the changes described previously. We also 
determined that these changes will not increase the economic burden on 
any operator or increase the scope of the AD.

Costs of Compliance

    We estimate that this AD affects 125 airplanes of U.S. registry. We 
also estimate that it takes about 1 work-hour per product to comply 
with this AD. The average labor rate is $80 per work-hour. Based on 
these figures, we estimate the cost of this AD to U.S. operators to be 
$10,000, or $80 per product.

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

[[Page 21525]]

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:

2008-09-04 McDonnell Douglas: Amendment 39-15484. Docket No. FAA-
2008-0031; Directorate Identifier 2007-NM-313-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective May 27, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all McDonnell Douglas Model 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; certificated in any category.

    Note 1: This AD requires revisions to certain operator 
maintenance documents to include new inspections. Compliance with 
these inspections is required by 14 CFR 91.403(c). For airplanes 
that have been previously modified, altered, or repaired in the 
areas addressed by these inspections, the operator may not be able 
to accomplish the inspections described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must 
request approval for an alternative method of compliance (AMOC) in 
accordance with paragraph (i) of this AD. The request should include 
a description of changes to the required inspections that will 
ensure the continued operational safety of the airplane.

Unsafe Condition

    (d) This AD results from a design review of the fuel tank 
systems. We are issuing this AD to prevent the potential for 
ignition sources inside fuel tanks caused by latent failures, 
alterations, repairs, or maintenance actions, which, in combination 
with flammable fuel vapors, could result in a fuel tank explosion 
and consequent loss of the airplane.

Compliance

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

Revise the FAA-Approved Maintenance Program

    (f) Before December 16, 2008, revise the FAA-approved 
maintenance program to incorporate the information specified in 
Appendixes B, C, and D of the Boeing DC-8 Special Compliance Item 
Report, MDC-02K9030, Revision A, dated August 8, 2006. Accomplishing 
the revision in accordance with a later revision of the Boeing DC-8 
Special Compliance Item Report, MDC-02K9030, is an acceptable method 
of compliance if the revision is approved by the Manager, Los 
Angeles Aircraft Certification Office (ACO), FAA.

No Reporting Requirement

    (g) Although the Boeing DC-8 Special Compliance Item Report, 
MDC-02K9030, Revision A, dated August 8, 2006, specifies to submit 
certain information to the manufacturer, this AD does not require 
that action.

No Alternative Inspections, Inspection Intervals, or Critical Design 
Configuration Control Limitations (CDCCLs)

    (h) After accomplishing the applicable actions specified in 
paragraph (f) of this AD, no alternative inspections, inspection 
intervals, or CDCCLs may be used unless the inspections, intervals, 
or CDCCLs are part of a later revision of Boeing DC-8 Special 
Compliance Item Report, MDC-02K9030, Revision A, dated August 8, 
2006, that is approved by the Manager, Los Angeles ACO; or unless 
the inspections, intervals, or CDCCLs are approved as an AMOC in 
accordance with the procedures specified in paragraph (i) of this 
AD.

AMOCs

    (i)(1) The Manager, Los Angeles ACO, FAA, ATTN: Samuel Lee, 
Aerospace Engineer, Propulsion Branch, ANM-140L, 3960 Paramount 
Boulevard, Lakewood, California 90712-4137; telephone (562) 627-
5262; 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.

Material Incorporated by Reference

    (j) You must use Boeing DC-8 Special Compliance Item Report, 
MDC-02K9030, Revision A, dated August 8, 2006, to do the actions 
required by this AD, unless the AD specifies otherwise. (The 
revision date for this document is identified only on the title page 
and in the ``Index of Page Changes'' section of the document.) This 
document contains the following effective pages:

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            Pages                 Revision                Date
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Index of Page Changes Pages   A...............  August 8, 2006.
 i through iii.
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    (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).
    (3) You may review copies of the service information 
incorporated by reference at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or 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: <a href="http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html</a>.


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    Issued in Renton, Washington, on April 4, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-8532 Filed 4-21-08; 8:45 am]
BILLING CODE 4910-13-P