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, 21523-21526 [E8-8532]

Download as PDF Federal Register / Vol. 73, No. 78 / Tuesday, April 22, 2008 / Rules and Regulations Follow-On Actions for Category A, B, C, or D Trunnion Fork Assemblies (h) If any part number and serial number identified as Category A, B, C, or D in Tables 2 and 3 of paragraph 1.E., ‘‘Compliance,’’ of the service bulletin is found installed during the inspection required by paragraph (g) of this AD: At the applicable compliance time(s) listed in Table 4 or 5 of paragraph 1.E., ‘‘Compliance,’’ of the service bulletin, except as provided by paragraph (i) of this AD, do 21523 the applicable action(s) in Table 1 of this AD and applicable related investigative/ corrective actions, in accordance with the Accomplishment Instructions of the service bulletin. TABLE 1.—REQUIREMENTS FOR CATEGORY A, B, C, OR D TRUNNION FORK ASSEMBLIES For— Do— And— Or— (1) Categories A and C trunnion fork assemblies. A detailed inspection for damage to the protective finish and for corrosion of the trunnion fork assembly and a high frequency eddy current (HFEC) inspection to detect cracks (Part 2). An ultrasonic inspection to determine the wall thickness in the area forward of the outer cylinder attach lugs in 8 zones, and a hardness measurement (Part 3). An ultrasonic inspection to determine the wall thickness in the area forward of the outer cylinder attach lugs in 8 zones, and a hardness measurement if applicable (Part 3). None ............................................. Do the terminating action (Part 5). (2) Categories B and D trunnion fork assemblies. (i) Where paragraph 1.E., ‘‘Compliance,’’ of 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. Terminating Action (j) Replacing the trunnion fork assembly of the wing landing gear with a trunnion fork assembly identified in Part 5 of the Accomplishment Instructions of the service bulletin, in accordance with and at the applicable time specified in Table 4 or 5 of paragraph 1.E., ‘‘Compliance,’’ of the service bulletin, constitutes terminating action for the requirements of this AD for that side only. ebenthall on PRODPC60 with RULES Alternative Methods of Compliance (AMOCs) (k)(1) The Manager, Seattle Aircraft Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested in accordance with 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 (l) You must use Boeing Alert Service Bulletin 747–32A2482, dated June 14, 2007, 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, P.O. Box 3707, Seattle, Washington 98124–2207. (3) You may review copies of the service information incorporated by reference at the VerDate Aug<31>2005 15:18 Apr 21, 2008 Jkt 214001 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: https:// www.archives.gov/federal_register/ code_of_federal_regulations/ ibr_locations.html. Issued in Renton, Washington, on April 14, 2008. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8–8530 Filed 4–21–08; 8:45 am] BILLING CODE 4910–13–P 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 Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: SUMMARY: We are adopting a new airworthiness directive (AD) for all McDonnell Douglas airplanes identified PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 None. 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 https:// 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, E:\FR\FM\22APR1.SGM 22APR1 21524 Federal Register / Vol. 73, No. 78 / Tuesday, April 22, 2008 / Rules and Regulations 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 FAAapproved maintenance program to incorporate new airworthiness limitations for fuel tank systems to satisfy Special Federal Aviation Regulation No. 88 requirements. ebenthall on PRODPC60 with RULES 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: • 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. • 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 VerDate Aug<31>2005 15:18 Apr 21, 2008 Jkt 214001 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: • Replace the words ‘‘revision to’’ with ‘‘deviation from’’ in the last sentence. • 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: • Revise the heading to ‘‘Deviations from Component Maintenance Manuals (CMMs) Cited in Fuel Tank System AWLs.’’ • Revise the third sentence to state that the Manager, Los Angeles ACO, PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 must approve ‘‘any deviations from’’ the CMMs ‘‘as defined in Report MDC– 02K9030.’’ • Replace the words ‘‘revision of’’ with ‘‘deviation from’’ in the fourth sentence. • 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. • 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 workhour. 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 E:\FR\FM\22APR1.SGM 22APR1 Federal Register / Vol. 73, No. 78 / Tuesday, April 22, 2008 / Rules and Regulations 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 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 FAA amends § 39.13 by adding the following new AD: I 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: Revision Index of Page Changes Pages i through iii ...................................................................................................... ebenthall on PRODPC60 with RULES Pages A .................. (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 VerDate Aug<31>2005 15:18 Apr 21, 2008 Jkt 214001 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 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 21525 Date August 8, 2006. the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: https:// www.archives.gov/federal_register/ code_of_federal_regulations/ ibr_locations.html. E:\FR\FM\22APR1.SGM 22APR1 21526 Federal Register / Vol. 73, No. 78 / Tuesday, April 22, 2008 / Rules and Regulations 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 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2008–0410; Directorate Identifier 2007–NM–362–AD; Amendment 39–15485; AD 2006–12–10 R1] RIN 2120–AA64 Airworthiness Directives; Boeing Model 747–400 Series Airplanes Examining the AD Docket Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; request for comments. ebenthall on PRODPC60 with RULES AGENCY: SUMMARY: The FAA is revising an existing airworthiness directive (AD) that applies to certain Boeing Model 747–400 series airplanes. That AD currently requires inspecting the support bracket of the crew oxygen cylinder installation to determine the manufacturing date marked on the support, and performing corrective action if necessary. This new AD retains all the requirements of the existing AD and expands the applicability of the existing AD to include certain airplanes that are not on the U.S. Register. This AD results from a report indicating that certain oxygen cylinder supports may not have been properly heat-treated. We are issuing this AD to prevent failure of the oxygen cylinder support under the most critical flight load conditions, which could cause the oxygen cylinder to come loose and leak oxygen. Leakage of oxygen could result in oxygen being unavailable for the flightcrew or could result in a fire hazard in the vicinity of the leakage. DATES: Effective May 7, 2008. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of May 7, 2008. On July 17, 2006 (71 FR 33604, June 12, 2006), the Director of the Federal Register approved the incorporation by reference of Boeing Special Attention Service Bulletin 747–35–2114, dated December 19, 2002. We must receive comments on this AD by June 23, 2008. ADDRESSES: You may send comments by any of the following methods: VerDate Aug<31>2005 15:18 Apr 21, 2008 Jkt 214001 • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments. • Fax: 202–493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • Hand Delivery: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this AD, contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124–2207. You may examine the AD docket on the Internet at https:// 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 street address for the Docket Office (telephone 800–647– 5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Robert Hettman, Aerospace Engineer, Cabin Safety and Environmental Systems Branch, ANM–150S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 917–6457; fax (425) 917–6590. SUPPLEMENTARY INFORMATION: Discussion On May 31, 2006, we issued AD 2006–12–10, amendment 39–14635 (71 FR 33604, June 12, 2006), for certain Boeing Model 747–400 series airplanes (i.e., those identified in Boeing Special Attention Service Bulletin 747–35– 2114, dated December 19, 2002). That AD requires inspecting the support bracket of the crew oxygen cylinder installation to determine the manufacturing date marked on the support, and performing corrective action if necessary. That AD resulted from a report indicating that certain oxygen cylinder supports may not have been properly heat-treated. We issued that AD to prevent failure of the oxygen cylinder support under the most critical flight load conditions, which could cause the oxygen cylinder to come loose and leak oxygen. Leakage of oxygen could result in oxygen being unavailable PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 for the flightcrew or could result in a fire hazard in the vicinity of the leakage. Actions Since Existing AD Was Issued Since we issued AD 2006–12–10, Boeing issued Special Attention Service Bulletin 747–35–2114, Revision 1, dated June 7, 2007, to add airplanes to the effectivity of the service bulletin. With the exception of the added airplanes, the actions specified in Revision 1 are the same as those specified in Boeing Special Attention Service Bulletin 747– 35–2114, dated December 19, 2002 (referenced as a source of service and applicability information in AD 2006– 12–10). FAA’s Determination and Requirements of This AD The unsafe condition described previously is likely to exist or develop on other airplanes of the same type design. For this reason, we are issuing this AD to revise AD 2006–12–10. This new AD retains the requirements of the existing AD. This AD also adds new airplanes to the applicability. Costs of Compliance No airplane added to the applicability of this AD is currently on the U.S. Register. However, if any affected airplane is imported and placed on the U.S. Register in the future, it will be subject to the per-airplane cost specified below. There are about 83 airplanes of the affected design in the worldwide fleet. This AD affects about 15 airplanes of U.S. registry. The required inspection will take about 1 work hour per airplane, at an average labor rate of $80 per work hour. Based on these figures, the estimated cost of this AD for U.S. operators is $1,200, or $80 per airplane. FAA’s Determination and Requirements of This AD No additional airplanes affected by this AD are on the U.S. Register. We are issuing this AD because the unsafe condition described previously is likely to exist or develop on other products of the(se) same type design(s) that could be registered in the United States in the future. This AD requires inspecting the support bracket of the crew oxygen cylinder installation to determine the manufacturing date marked on the support, and performing corrective action if necessary. Since no additional airplanes that are U.S. registered are affected by this AD, notice and opportunity for public comment before issuing this AD are unnecessary. E:\FR\FM\22APR1.SGM 22APR1

Agencies

[Federal Register Volume 73, Number 78 (Tuesday, April 22, 2008)]
[Rules and Regulations]
[Pages 21523-21526]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[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.

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

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 https://
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,

[[Page 21524]]

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:
     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.
     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:
     Replace the words ``revision to'' with ``deviation from'' 
in the last sentence.
     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:
     Revise the heading to ``Deviations from Component 
Maintenance Manuals (CMMs) Cited in Fuel Tank System AWLs.''
     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.''
     Replace the words ``revision of'' with ``deviation from'' 
in the fourth sentence.
     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.
     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:

------------------------------------------------------------------------
            Pages                 Revision                Date
------------------------------------------------------------------------
Index of Page Changes Pages   A...............  August 8, 2006.
 i through iii.
------------------------------------------------------------------------

    (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: https://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html.


[[Page 21526]]


    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
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