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; 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, 52285-52288 [05-17401]

Download as PDF Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations needed to administer the program authorized by these regulations are not subject to review by OMB under the Paperwork Reduction Act. Executive Order 12612 This rule does not have sufficient Federalism implications to warrant the preparation of a Federalism Assessment. The provisions contained in this rule will not have substantial direct effect on States or their political subdivisions or on the distribution of power and responsibilities among the various levels of government. Federal Assistance Programs The title and number of the Federal assistance program found in the Catalog of Federal Domestic Assistance to which this final rule applies are Commodity Loans and Loan Deficiency Payments, 10.051. List of Subjects in 7 CFR Part 1405 Agricultural commodities, Feed grains, Grains, Loan programs— agriculture, Oilseeds, Price support programs, Reporting and record keeping requirements. Accordingly, 7 CFR part 1405 is amended as follows: I PART 1405—LOANS, PURCHASES, AND OTHER OPERATIONS 1. The authority citation for part 1405 is revised to read as follows: I Authority: 7 U.S.C. 1515; 7 U.S.C. 7991(e); 15 U.S.C. 714b and 714c; and Public Law 108–470. I 2. Add § 1405.9 to read as follows: § 1405.9 Commodity assessments. (a) CCC will deduct from the proceeds of a marketing assistance loan an amount equal to the amount of an assessment otherwise required to be remitted to a State agency under a State statute by the producer of the commodity pledged as collateral for such loan or by the first purchaser of such commodity subject to the requirements of paragraph (b) of this section. (1) The assessment will be collected in one of the following ways, as requested by the State, but not both: (i) When the proceeds of the loan are disbursed; or (ii) When the commodity pledged as collateral for the loan is forfeited to CCC, in which case CCC will collect from the producer the amount of the assessment submitted by CCC to the State. (2) CCC will deduct from the proceeds of a marketing assistance loan an amount equal to the amount of an VerDate Aug<18>2005 14:47 Sep 01, 2005 Jkt 205001 assessment otherwise authorized to be remitted to a federally authorized entity under a Federal statute by the producer of the commodity pledged as collateral for such loan or the first purchaser of such commodity in the manner agreed to by CCC and the entity to whom the Secretary of Agriculture has authorized to collect such assessments. (b) CCC will collect commodity assessments authorized under a State statute when: (1) The State entity has: (i) Requested that the assessment be collected; (ii) Identified whether the assessment is to be collected at the time the loan proceeds are disbursed or at the time the commodity is forfeited to CCC; (iii) Identified the person who may enter into an agreement with CCC that sets forth the obligations of the State and CCC with respect to the collection of the assessment; and (iv) Provided an opinion from the Office of the Attorney General to CCC that concludes the person signing the agreement may obligate the State to comply with the agreement and the provisions of Public Law 108–470 have been met. (2) The agreement described in paragraph (c) of this section has been executed by the appropriate State official and CCC. (c) CCC will enter into an agreement with an authorized State official to collect commodity assessments when the actions set forth in paragraphs (b)(1) and (2) of this section have been completed. Such agreement will contain the obligations and responsibilities of the State and CCC. All such agreements will include provisions that provide: (1) The State will indemnify CCC for any costs incurred in the collection of the assessment including costs incurred with respect to resolution of disputes arising from the requested collection of the assessment and for administrative costs incurred by CCC in the collection of the assessment; (2) The State, in cases where an assessment has been collected two or more times with respect to the same quantity of the commodity subject to the assessment, will refund the amount of the excess collection to the producer. (3) The agreement may be terminated by either party upon 30 days notice. (4) The State, in cases where the marketing assistance loan is made by a cooperative marketing association or a designated marketing association approved by CCC, or any other similar entity that is approved by CCC, to obtain such a loan on behalf of its members may enter into individual arrangements with such entity to facilitate the PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 52285 collection of the assessment with the approval of CCC. Signed in Washington, DC, on August 17, 2005. James R. Little, Executive Vice President, Commodity Credit Corporation. [FR Doc. 05–17500 Filed 9–1–05; 8:45 am] BILLING CODE 3410–05–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2004–19536; Directorate Identifier 2004–NM–86–AD; Amendment 39– 14247; AD 2005–18–07] 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; 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 Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: SUMMARY: The FAA is superseding an existing airworthiness directive (AD), which applies to certain McDonnell Douglas transport category airplanes. That AD currently requires repetitive inspections for cracking of the lower cargo doorjamb corners, and corrective action if necessary. That AD provides for optional terminating action for certain repetitive inspections for certain airplanes. For certain other airplanes, that AD requires modification of the lower cargo doorjamb corners. This new AD adds airplanes to the applicability. The existing AD was prompted by reports of fatigue cracks in the fuselage skin in the lower cargo doorjamb corners; this AD is prompted by the inadvertent omission of certain airplanes from the existing applicability. We are issuing this AD to ensure that the unsafe condition will be addressed on all affected airplanes so that cracking in the lower cargo doorjamb corners is detected and corrected before it can result in rapid decompression of the fuselage and consequent reduced structural integrity of the airplane. DATES: Effective October 7, 2005. On April 29, 2004 (69 FR 15234, March 25, 2004), the Director of the E:\FR\FM\02SER1.SGM 02SER1 52286 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations Federal Register approved the incorporation by reference of McDonnell Douglas Service Bulletin DC8–53–078, Revision 01, dated January 25, 2001. ADDRESSES: You may examine the AD docket on the Internet at http:// dms.dot.gov or in person at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street SW., Nassif Building, Room PL–401, Washington, DC. Contact Boeing Commercial Airplanes, Long Beach Division, 3855 Lakewood Boulevard, Long Beach, California 90846, Attention: Data and Service Management, Dept. C1–L5A (D800–0024), for service information identified in this AD. 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: Examining the Docket You may examine the AD docket on the Internet at http://dms.dot.gov or in person at the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone (800) 647–5227) is located on the plaza level of the Nassif Building at the street address stated in the ADDRESSES section. Discussion The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that supersedes AD 2004–06–06, amendment 39–13532 (69 FR 15234, March 25, 2004). The existing AD applies to certain McDonnell Douglas transport category airplanes. That NPRM was published in the Federal Register on November 5, 2004 (69 FR 64523). That NPRM proposed to add new airplanes to the applicability of AD 2004–06–06, and retained the requirements for repetitive inspections for cracking of the lower cargo doorjamb corners, and corrective action if necessary. That NPRM also retained the provision for optional terminating action for certain repetitive inspections for certain airplanes. For certain other airplanes, that NPRM retained the requirement to modify the lower cargo doorjamb corners. We agree with the commenter for the reasons stated, and have removed the reporting requirements from this AD. Changes to Delegation Authority Boeing has received a Delegation Option Authorization (DOA). We have revised this final rule to delegate the authority to approve an alternative method of compliance for any repair required by this AD to the Authorized Representative for the Boeing DOA Organization rather than the Designated Engineering Representative (DER). Explanation of Change to the Applicability Comments We provided the public the opportunity to participate in the development of this AD. We have considered the comments that have been received on the NPRM. We have specified model designations in the applicability of this AD as published in the most recent type certificate data sheet for the affected models. Conclusion Request To Remove the Reporting Requirements Two commenters request that the reporting requirements be removed from the NPRM. One commenter requests that, if the reporting requirements must be retained, the compliance time to report (within 10 days of the inspection) be extended to 30 days. One commenter states that the reporting of negative findings would provide very little useful information while imposing additional workload and cost to the operators and to the FAA. The other commenter also notes that similar ADs requiring inspections on principal structural elements on door corners do not mandate reporting requirements. We have carefully reviewed the available data, including the comments that have been received, and determined that air safety and the public interest require adopting the AD with the changes described previously. We have determined that these changes will neither increase the economic burden on any operator nor increase the scope of the AD. Costs of Compliance This AD affects about 264 airplanes worldwide. The following table provides the estimated costs for U.S. operators to comply with this AD, which adds no economic burden above that imposed by AD 2004–06–06. The current costs for this AD are repeated for the convenience of affected operators, as follows: ESTIMATED COSTS Action Work hours Average labor rate per hour Cost per airplane Parts Pre-modification inspections ................ 24 $65 None required .. Modification .......................................... Post-modification inspections .............. 520 40 65 65 $25,000 ............ None required ... 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. VerDate Aug<18>2005 14:47 Sep 01, 2005 Jkt 205001 $1,560, per inUnknown ........... spection cycle. $58,800 ............ Unknown ........... $2,600, per in244 ................... spection cycle. 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 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 Number of affected U.S.-registered airplanes Fleet cost Unknown. Unknown. $634,400, per inspection cycle. 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 E:\FR\FM\02SER1.SGM 02SER1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 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 Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: I PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: I Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The Federal Aviation Administration (FAA) amends § 39.13 by removing amendment 39–13532 (69 FR 15234, March 25, 2004) and by adding the following new airworthiness directive (AD): I 2005–18–07 McDonnell Douglas: Amendment 39–14247. Docket No. FAA–2004–19536; Directorate Identifier 2004–NM–86–AD. Effective Date (a) This AD becomes effective October 7, 2005. Affected ADs (b) This AD supersedes AD 2004–06–06, amendment 39–13532. Applicability (c) This AD applies to the following McDonnell Douglas airplanes, certificated in any category; as listed in McDonnell Douglas Service Bulletin DC8–53–078, Revision 01, dated January 25, 2001: (1) 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; VerDate Aug<18>2005 14:47 Sep 01, 2005 Jkt 205001 (2) Model DC–8–51, DC–8–52, DC–8–53, and DC–8–55 airplanes; (3) Model DC–8F–54 and DC–8F–55 airplanes; (4) Model DC–8–61, DC–8–62, and DC–8– 63 airplanes; (5) Model DC–8–61F, DC–8–62F, and DC– 8–63F airplanes; (6) Model DC–8–71, DC–8–72, and DC–8– 73 airplanes; and (7) Model DC–8–71F, DC–8–72F, and DC– 8–73F airplanes. Unsafe Condition (d) This AD was prompted by reports of fatigue cracks in the fuselage skin in the lower cargo doorjamb corners. We are issuing this AD to detect and correct cracking in the lower cargo doorjamb corners, which could result in rapid decompression of the fuselage and consequent reduced structural integrity of the airplane. 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. Restatement of Requirements of AD 2004– 06–06 Note 1: This AD is related to AD 93–01– 15, amendment 39–8469, and will affect Principal Structural Elements (PSEs) 53.08.042 and 53.08.043 of the DC–8 Supplemental Inspection Document (SID), Report L26–011, Volume II, Revision 7, dated April 1993. Group 1 Airplanes: Inspections and Optional Terminating Action (f) Except as provided by paragraph (l) of this AD: For airplanes identified as Group 1 in McDonnell Douglas Service Bulletin DC8– 53–078, Revision 01, dated January 25, 2001: (1) Within 2,000 landings or 3 years after April 29, 2004 (the effective date of AD 2004–06–06, amendment 39–13532), whichever occurs first, perform applicable inspections for cracking of the lower cargo doorjamb corners, in accordance with the Accomplishment Instructions of the service bulletin. (i) If no crack is detected during any inspection required by this paragraph: Repeat the inspections within the intervals specified in paragraph 1.E. of the service bulletin. (ii) If any crack is detected during any inspection required by this paragraph: Repair before further flight in accordance with the Accomplishment Instructions of the service bulletin. (2) Modification of the lower cargo doorjamb corners in accordance with the Accomplishment Instructions of the service bulletin terminates the repetitive inspection requirement of paragraph (f)(1)(i) of this AD. (3) For airplanes repaired or modified in accordance with paragraph (f)(1)(ii) or (f)(2) of this AD: Within 17,000 landings after the repair or modification, perform an eddy current inspection for cracks of the doorjamb corners, in accordance with the Accomplishment Instructions of the service bulletin (Drawing SN08530001). Repeat the inspection at intervals not to exceed 4,400 landings. PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 52287 Group 2 Airplanes: Modification (g) Except as provided by paragraph (l) of this AD, for airplanes identified as Group 2 in McDonnell Douglas Service Bulletin DC8– 53–078, Revision 01, dated January 25, 2001: (1) Within 2,000 landings or 3 years after April 29, 2004, whichever occurs first, modify the lower cargo doorjamb corners in accordance with the Accomplishment Instructions of the service bulletin. (2) Within 17,000 landings after the modification required by paragraph (g)(1) of this AD, perform applicable inspections for cracking of the doorjamb corners, in accordance with the Accomplishment Instructions of the service bulletin. Repeat the inspections at intervals not to exceed 4,400 landings. Group 3 and Group 4 Airplanes: Inspections (h) For airplanes identified as Group 3 and Group 4 in McDonnell Douglas Service Bulletin DC8–53–078, Revision 01, dated January 25, 2001: Within 17,000 landings following accomplishment of the modification specified in the service bulletin, perform applicable inspections for cracking of the lower cargo doorjamb corners, in accordance with the Accomplishment Instructions of the service bulletin. Repeat the inspections at intervals not to exceed 4,400 landings. All Airplanes: Repair Following PostModification Inspections (i) If any cracking is detected during any inspection required by paragraph (f)(3), (g)(2), or (h) of this AD: Repair before further flight in accordance with a method approved by the Manager, Los Angeles Aircraft Certification Office (ACO), FAA; or per data meeting the type certification basis of the airplane approved by an Authorized Representative for the Boeing 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 the approval must specifically refer to this AD. Credit for Prior Accomplishment (j) Inspections done before the effective date of April 29, 2004, in accordance with McDonnell Douglas Service Bulletin DC8– 53–078, dated February 6, 1996, are acceptable for compliance with the applicable inspections required by this AD. (k) Inspections and repairs specified in this AD of areas of PSEs 53.08.042 and 53.08.043 are acceptable for compliance with the applicable requirements of paragraphs (a) and (b) of AD 93–01–15. The remaining areas of the affected PSEs must be inspected and repaired as applicable, in accordance with AD 93–01–15. Requirements for Newly Added Airplanes (l) For airplanes not subject to the requirements of AD 2004–06–06, the reference time for compliance is the effective date of this new AD, rather than April 29, 2004 (the effective date of AD 2004–06–06). Alternative Methods of Compliance (AMOCs) (m)(1) The Manager, Los Angeles Aircraft Certification (ACO), Transport Airplane E:\FR\FM\02SER1.SGM 02SER1 52288 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations Directorate, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19. (2) 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 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 the approval must specifically refer to this AD. Material Incorporated by Reference (n) You must use McDonnell Douglas Service Bulletin DC8–53–078, Revision 01, dated January 25, 2001, to perform the actions that are required by this AD, unless the AD specifies otherwise. The Director of the Federal Register previously approved the incorporation by reference of this document as of April 29, 2004 (69 FR 15234, March 25, 2004). Contact Boeing Commercial Airplanes, Long Beach Division, 3855 Lakewood Boulevard, Long Beach, California 90846, Attention: Data and Service Management, Dept. C1–L5A (D800–0024), for a copy of this service information. You may review copies at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., room PL–401, Nassif Building, Washington, DC; on the Internet at http:// dms.dot.gov; or at 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. Issued in Renton, Washington, on August 24, 2005. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 05–17401 Filed 9–1–05; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2005–20387; Airspace Docket No. 05–ANM–2] RIN 2120–AA66 Amendment to VOR Federal Airway V–536; MT Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: SUMMARY: This action modifies Federal Airway V–536 by adding a route from the Great Falls, MT, Very High Frequency Omnidirectional Range/ Tactical Air Navigation (VORTAC) to VerDate Aug<18>2005 14:47 Sep 01, 2005 Jkt 205001 the SWEDD intersection. The purpose of this airway segment is to enhance the management of aircraft transiting between Great Falls, MT, and Bozeman, MT. DATES: Effective 0901 UTC, October 27, 2005. FOR FURTHER INFORMATION CONTACT: Ken McElroy, Airspace and Rules, Office of System Operations Airspace and AIM, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; telephone: (202) 267–8783. SUPPLEMENTARY INFORMATION: number of small entities under the criteria of the Regulatory Flexibility Act. History I On May 25, 2005, the FAA published in the Federal Register a notice proposing to amend V–536 by extending the airway from the Great Falls VORTAC, to the SWEDD intersection (70 FR 30035). Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal. No comments were received. With the exception of editorial changes, this amendment is the same as that proposed in the notice. The Rule This action amends Title 14 Code of Federal Regulations (14 CFR part 71) to modify V–536 by adding a segment from the Great Falls, MT, VORTAC to the SWEDD intersection. The purpose of this airway segment is to enhance the management of aircraft transiting between Great Falls, MT, and Bozeman, MT. Domestic VOR Federal airways are published in paragraph 6010(a) of FAA Order 7400.9N dated September 1, 2005, and effective September 16, 2005, which is incorporated by reference in 14 CFR 71.1. The domestic VOR Federal airway listed in this document will be published subsequently in the order. The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Therefore, this regulation: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant rule’’ under Department of Transportation (DOT) Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, will not have a significant economic impact on a substantial PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: I PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for part 71 continues to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9N, Airspace Designations and Reporting Points, dated September 1, 2005, and effective September 16, 2005, is amended as follows: I Paragraph 6010(a) Airways. * * * Domestic VOR Federal * * V–536 [Revised] From North Bend, OR; INT North Bend 023° and Corvallis, OR, 235° radials; Corvallis; Deschutes, OR; 32 miles, 58 miles, 71 MSL, Pendleton, OR; Walla Walla, WA; Pullman, WA; 27 miles, 85 MSL, Mullan Pass, ID; 5 miles, 34 miles, 95 MSL, Kalispell, MT; 20 miles, 41 miles, 115 MSL, Great Falls, MT. INT Great Falls 185° and Bozeman, MT 338° radials; Bozeman, From Sheridan, WY; Gillette, WY; New Castle, WY; to Rapid City, SD. * * * * * Issued in Washington, DC, August 24, 2005. Edith V. Parish, Acting Manager, Airspace and Rules. [FR Doc. 05–17208 Filed 9–1–05; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 97 [Docket No. 30455; Amdt. No. 3130] Standard Instrument Approach Procedures, Weather Takeoff Minimums; Miscellaneous Amendments Federal Aviation Administration (FAA), DOT. AGENCY: E:\FR\FM\02SER1.SGM 02SER1

Agencies

[Federal Register Volume 70, Number 170 (Friday, September 2, 2005)]
[Rules and Regulations]
[Pages 52285-52288]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-17401]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19536; Directorate Identifier 2004-NM-86-AD; 
Amendment 39-14247; AD 2005-18-07]
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; 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

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

ACTION: Final rule.

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

SUMMARY: The FAA is superseding an existing airworthiness directive 
(AD), which applies to certain McDonnell Douglas transport category 
airplanes. That AD currently requires repetitive inspections for 
cracking of the lower cargo doorjamb corners, and corrective action if 
necessary. That AD provides for optional terminating action for certain 
repetitive inspections for certain airplanes. For certain other 
airplanes, that AD requires modification of the lower cargo doorjamb 
corners. This new AD adds airplanes to the applicability. The existing 
AD was prompted by reports of fatigue cracks in the fuselage skin in 
the lower cargo doorjamb corners; this AD is prompted by the 
inadvertent omission of certain airplanes from the existing 
applicability. We are issuing this AD to ensure that the unsafe 
condition will be addressed on all affected airplanes so that cracking 
in the lower cargo doorjamb corners is detected and corrected before it 
can result in rapid decompression of the fuselage and consequent 
reduced structural integrity of the airplane.

DATES: Effective October 7, 2005.
    On April 29, 2004 (69 FR 15234, March 25, 2004), the Director of 
the

[[Page 52286]]

Federal Register approved the incorporation by reference of McDonnell 
Douglas Service Bulletin DC8-53-078, Revision 01, dated January 25, 
2001.

ADDRESSES: You may examine the AD docket on the Internet at http://
dms.dot.gov or in person at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street SW., Nassif Building, 
Room PL-401, Washington, DC.
    Contact Boeing Commercial Airplanes, Long Beach Division, 3855 
Lakewood Boulevard, Long Beach, California 90846, Attention: Data and 
Service Management, Dept. C1-L5A (D800-0024), for service information 
identified in this AD.

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:

Examining the Docket

    You may examine the AD docket on the Internet at http://dms.dot.gov 
or in person at the Docket Management Facility office between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays. The Docket 
Management Facility office (telephone (800) 647-5227) is located on the 
plaza level of the Nassif Building at the street address stated in the 
ADDRESSES section.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that supersedes AD 2004-06-06, amendment 
39-13532 (69 FR 15234, March 25, 2004). The existing AD applies to 
certain McDonnell Douglas transport category airplanes. That NPRM was 
published in the Federal Register on November 5, 2004 (69 FR 64523). 
That NPRM proposed to add new airplanes to the applicability of AD 
2004-06-06, and retained the requirements for repetitive inspections 
for cracking of the lower cargo doorjamb corners, and corrective action 
if necessary. That NPRM also retained the provision for optional 
terminating action for certain repetitive inspections for certain 
airplanes. For certain other airplanes, that NPRM retained the 
requirement to modify the lower cargo doorjamb corners.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments that have been 
received on the NPRM.

Request To Remove the Reporting Requirements

    Two commenters request that the reporting requirements be removed 
from the NPRM. One commenter requests that, if the reporting 
requirements must be retained, the compliance time to report (within 10 
days of the inspection) be extended to 30 days. One commenter states 
that the reporting of negative findings would provide very little 
useful information while imposing additional workload and cost to the 
operators and to the FAA. The other commenter also notes that similar 
ADs requiring inspections on principal structural elements on door 
corners do not mandate reporting requirements.
    We agree with the commenter for the reasons stated, and have 
removed the reporting requirements from this AD.

Changes to Delegation Authority

    Boeing has received a Delegation Option Authorization (DOA). We 
have revised this final rule to delegate the authority to approve an 
alternative method of compliance for any repair required by this AD to 
the Authorized Representative for the Boeing DOA Organization rather 
than the Designated Engineering Representative (DER).

Explanation of Change to the Applicability

    We have specified model designations in the applicability of this 
AD as published in the most recent type certificate data sheet for the 
affected models.

Conclusion

    We have carefully reviewed the available data, including the 
comments that have been received, and determined that air safety and 
the public interest require adopting the AD with the changes described 
previously. We have determined that these changes will neither increase 
the economic burden on any operator nor increase the scope of the AD.

Costs of Compliance

    This AD affects about 264 airplanes worldwide. The following table 
provides the estimated costs for U.S. operators to comply with this AD, 
which adds no economic burden above that imposed by AD 2004-06-06. The 
current costs for this AD are repeated for the convenience of affected 
operators, as follows:

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                               Average                                                      Number of affected
            Action               Work hours   labor rate           Parts             Cost per airplane        U.S.-registered           Fleet cost
                                               per hour                                                          airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pre-modification inspections..           24          $65  None required.........  $1,560, per inspection  Unknown...............  Unknown.
                                                                                   cycle.
Modification..................          520           65  $25,000...............  $58,800...............  Unknown...............  Unknown.
Post-modification inspections.           40           65  None required.........  $2,600, per inspection  244...................  $634,400, per
                                                                                   cycle.                                          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

    We have determined that this AD will not have federalism 
implications under

[[Page 52287]]

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 39-13532 (69 FR 15234, March 25, 2004) and by adding 
the following new airworthiness directive (AD):

2005-18-07 McDonnell Douglas: Amendment 39-14247. Docket No. FAA-
2004-19536; Directorate Identifier 2004-NM-86-AD.

Effective Date

    (a) This AD becomes effective October 7, 2005.

Affected ADs

    (b) This AD supersedes AD 2004-06-06, amendment 39-13532.

Applicability

    (c) This AD applies to the following McDonnell Douglas 
airplanes, certificated in any category; as listed in McDonnell 
Douglas Service Bulletin DC8-53-078, Revision 01, dated January 25, 
2001:
    (1) 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;
    (2) Model DC-8-51, DC-8-52, DC-8-53, and DC-8-55 airplanes;
    (3) Model DC-8F-54 and DC-8F-55 airplanes;
    (4) Model DC-8-61, DC-8-62, and DC-8-63 airplanes;
    (5) Model DC-8-61F, DC-8-62F, and DC-8-63F airplanes;
    (6) Model DC-8-71, DC-8-72, and DC-8-73 airplanes; and
    (7) Model DC-8-71F, DC-8-72F, and DC-8-73F airplanes.

Unsafe Condition

    (d) This AD was prompted by reports of fatigue cracks in the 
fuselage skin in the lower cargo doorjamb corners. We are issuing 
this AD to detect and correct cracking in the lower cargo doorjamb 
corners, which could result in rapid decompression of the fuselage 
and consequent reduced structural integrity of the airplane.

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.

Restatement of Requirements of AD 2004-06-06

    Note 1: This AD is related to AD 93-01-15, amendment 39-8469, 
and will affect Principal Structural Elements (PSEs) 53.08.042 and 
53.08.043 of the DC-8 Supplemental Inspection Document (SID), Report 
L26-011, Volume II, Revision 7, dated April 1993.

Group 1 Airplanes: Inspections and Optional Terminating Action

    (f) Except as provided by paragraph (l) of this AD: For 
airplanes identified as Group 1 in McDonnell Douglas Service 
Bulletin DC8-53-078, Revision 01, dated January 25, 2001:
    (1) Within 2,000 landings or 3 years after April 29, 2004 (the 
effective date of AD 2004-06-06, amendment 39-13532), whichever 
occurs first, perform applicable inspections for cracking of the 
lower cargo doorjamb corners, in accordance with the Accomplishment 
Instructions of the service bulletin.
    (i) If no crack is detected during any inspection required by 
this paragraph: Repeat the inspections within the intervals 
specified in paragraph 1.E. of the service bulletin.
    (ii) If any crack is detected during any inspection required by 
this paragraph: Repair before further flight in accordance with the 
Accomplishment Instructions of the service bulletin.
    (2) Modification of the lower cargo doorjamb corners in 
accordance with the Accomplishment Instructions of the service 
bulletin terminates the repetitive inspection requirement of 
paragraph (f)(1)(i) of this AD.
    (3) For airplanes repaired or modified in accordance with 
paragraph (f)(1)(ii) or (f)(2) of this AD: Within 17,000 landings 
after the repair or modification, perform an eddy current inspection 
for cracks of the doorjamb corners, in accordance with the 
Accomplishment Instructions of the service bulletin (Drawing 
SN08530001). Repeat the inspection at intervals not to exceed 4,400 
landings.

Group 2 Airplanes: Modification

    (g) Except as provided by paragraph (l) of this AD, for 
airplanes identified as Group 2 in McDonnell Douglas Service 
Bulletin DC8-53-078, Revision 01, dated January 25, 2001:
    (1) Within 2,000 landings or 3 years after April 29, 2004, 
whichever occurs first, modify the lower cargo doorjamb corners in 
accordance with the Accomplishment Instructions of the service 
bulletin.
    (2) Within 17,000 landings after the modification required by 
paragraph (g)(1) of this AD, perform applicable inspections for 
cracking of the doorjamb corners, in accordance with the 
Accomplishment Instructions of the service bulletin. Repeat the 
inspections at intervals not to exceed 4,400 landings.

Group 3 and Group 4 Airplanes: Inspections

    (h) For airplanes identified as Group 3 and Group 4 in McDonnell 
Douglas Service Bulletin DC8-53-078, Revision 01, dated January 25, 
2001: Within 17,000 landings following accomplishment of the 
modification specified in the service bulletin, perform applicable 
inspections for cracking of the lower cargo doorjamb corners, in 
accordance with the Accomplishment Instructions of the service 
bulletin. Repeat the inspections at intervals not to exceed 4,400 
landings.

All Airplanes: Repair Following Post-Modification Inspections

    (i) If any cracking is detected during any inspection required 
by paragraph (f)(3), (g)(2), or (h) of this AD: Repair before 
further flight in accordance with a method approved by the Manager, 
Los Angeles Aircraft Certification Office (ACO), FAA; or per data 
meeting the type certification basis of the airplane approved by an 
Authorized Representative for the Boeing 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 the approval must specifically refer to this AD.

Credit for Prior Accomplishment

    (j) Inspections done before the effective date of April 29, 
2004, in accordance with McDonnell Douglas Service Bulletin DC8-53-
078, dated February 6, 1996, are acceptable for compliance with the 
applicable inspections required by this AD.
    (k) Inspections and repairs specified in this AD of areas of 
PSEs 53.08.042 and 53.08.043 are acceptable for compliance with the 
applicable requirements of paragraphs (a) and (b) of AD 93-01-15. 
The remaining areas of the affected PSEs must be inspected and 
repaired as applicable, in accordance with AD 93-01-15.

Requirements for Newly Added Airplanes

    (l) For airplanes not subject to the requirements of AD 2004-06-
06, the reference time for compliance is the effective date of this 
new AD, rather than April 29, 2004 (the effective date of AD 2004-
06-06).

Alternative Methods of Compliance (AMOCs)

    (m)(1) The Manager, Los Angeles Aircraft Certification (ACO), 
Transport Airplane

[[Page 52288]]

Directorate, FAA, has the authority to approve AMOCs for this AD, if 
requested in accordance with the procedures found in 14 CFR 39.19.
    (2) 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 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 the approval must specifically refer to this AD.

Material Incorporated by Reference

    (n) You must use McDonnell Douglas Service Bulletin DC8-53-078, 
Revision 01, dated January 25, 2001, to perform the actions that are 
required by this AD, unless the AD specifies otherwise. The Director 
of the Federal Register previously approved the incorporation by 
reference of this document as of April 29, 2004 (69 FR 15234, March 
25, 2004). Contact Boeing Commercial Airplanes, Long Beach Division, 
3855 Lakewood Boulevard, Long Beach, California 90846, Attention: 
Data and Service Management, Dept. C1-L5A (D800-0024), for a copy of 
this service information. You may review copies at the Docket 
Management Facility, U.S. Department of Transportation, 400 Seventh 
Street, SW., room PL-401, Nassif Building, Washington, DC; on the 
Internet at http://dms.dot.gov; or at 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.

    Issued in Renton, Washington, on August 24, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-17401 Filed 9-1-05; 8:45 am]
BILLING CODE 4910-13-P