Airworthiness Directives; The Boeing Company Airplanes, 58098-58100 [2011-23709]
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58098
Federal Register / Vol. 76, No. 182 / Tuesday, September 20, 2011 / Rules and Regulations
TABLE 3—ALL MATERIAL INCORPORATED BY REFERENCE
Service Bulletin
328
328
328
328
Support
Support
Support
Support
Services
Services
Services
Services
Alert Service Bulletin ASB–328–57–037 .....................................................................
Alert Service Bulletin ASB–328J–57–015 ...................................................................
Service Bulletin SB–328–57–481 ................................................................................
GmbH Service Bulletin SB–328J–57–230 ..................................................................
(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 328 Support Services GmbH,
Global Support Center, P.O. Box 1252, D–
82231 Wessling, Federal Republic of
Germany; telephone +49 8153 88111 6666;
fax +49 8153 88111 6565; e-mail
gsc.op@328support.de; Internet https://
www.328support.de.
(3) You may review copies of the service
information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the
availability of this material at the FAA, call
425–227–1221.
(4) You may also review copies of the
service information that is incorporated by
reference 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 August
19, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2011–22032 Filed 9–19–11; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2011–0221; Directorate
Identifier 2010–NM–120–AD; Amendment
39–16805; AD 2011–18–23]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
We are adopting a new
airworthiness directive (AD) for all The
Boeing Company Model DC–8–11, DC–
8–12, DC–8–21, DC–8–31, DC–8–32,
DC–8–33, DC–8–41, DC–8–42, and DC–
8–43 airplanes; Model DC–8–50 series
airplanes; Model DC–8F–54 and DC–
8F–55 airplanes; Model DC–8–60 series
sroberts on DSK5SPTVN1PROD with RULES
SUMMARY:
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Revision
16:50 Sep 19, 2011
Jkt 223001
airplanes; Model DC–8–60F series
airplanes; Model DC–8–70 series
airplanes; and Model DC–8–70F series
airplanes. This AD requires repetitive
high frequency eddy current or
repetitive low frequency eddy current
inspections for cracks on the area
around certain fasteners of the access
opening doubler on the left and right
wing center spar lower cap, and repair,
if necessary. This AD was prompted by
reports that cracks in the center spar
lower cap and, in some cases, the web
of the spar, have been found at stations
Xrs = 168.00, Xrs = 251.00, and Xrs =
358.00. We are issuing this AD to detect
and correct cracks in the area around
certain fasteners of the access opening
doubler on the left and right wing center
spar lower cap, which could
compromise the structural integrity of
the wing structure.
DATES: This AD is effective October 25,
2011.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in the AD
as of October 25, 2011.
ADDRESSES: For service information
identified in this AD, contact Boeing
Commercial Airplanes, Attention: Data
& Services Management, 3855
Lakewood Boulevard, MC D800–0019,
Long Beach, California 90846–0001;
telephone 206–544–5000, extension 2;
fax 206–766–5683; e-mail
dse.boecom@boeing.com; Internet
https://www.myboeingfleet.com. You
may review copies of the referenced
service information at the FAA,
Transport Airplane Directorate, 1601
Lind Avenue SW., Renton, Washington.
For information on the availability of
this material at the FAA, call 425–227–
1221.
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 (phone: 800–647–5527) is
Document Management Facility, U.S.
Department of Transportation, Docket
PO 00000
Frm 00010
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Date
2
2
1
1
May 20, 2008.
May 20, 2008.
October 15, 2009.
October 15, 2009.
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue, SE., Washington,
DC 20590.
FOR FURTHER INFORMATION CONTACT: Dara
Albouyeh, Aerospace Engineer,
Airframe Branch, ANM–120L, FAA, Los
Angeles Aircraft Certification Office
(ACO), 3960 Paramount Boulevard,
Lakewood, California 90712–4137;
phone: (562) 627–5222; fax: (562) 627–
5210; e-mail: dara.albouyeh@faa.gov.
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 the
specified products. That NPRM
published in the Federal Register on
March 15, 2011 (76 FR 13926). That
NPRM proposed to require repetitive
high frequency eddy current or
repetitive low frequency eddy current
inspections for cracks on the area
around certain fasteners of the access
opening doubler on the left and right
wing center spar lower cap, and repair,
if necessary.
Comments
We gave the public the opportunity to
participate in developing this AD. The
following presents the comment
received on the proposal and the FAA’s
response to each comment.
Request To Revise Paragraph (h)(3) of
the NPRM
Boeing requested that we revise
paragraph (h)(3) of the NPRM (76 FR
13926, March 15, 2011) to refer to
‘‘Method 101 and 104,’’ instead of
‘‘Method 101 or 104.’’ Boeing explained
that Methods 101 and 104 should be
used when using Section 57–10–16 of
the McDonnell Douglas DC–8
Supplemental Inspection Document
(SID) Report L26–011, Volume II,
Revision 8, dated January 2005. Boeing
stated that ‘‘Method 101 and 104’’ is
correctly referenced in the service
information.
We agree. We have clarified the
reference as ‘‘Methods 101 and 104’’ in
paragraph (h)(3) of the final rule for the
reasons stated by Boeing.
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Federal Register / Vol. 76, No. 182 / Tuesday, September 20, 2011 / Rules and Regulations
Conclusion
We reviewed the relevant data,
considered the comment received, and
determined that air safety and the
public interest require adopting the AD
with the change described previously.
We also determined that this change
will not increase the economic burden
on any operator or increase the scope of
the AD.
Costs of Compliance
We estimate that this AD would affect
41 airplanes of U.S. registry. We also
estimate that it will take 12 work-hours
per product to comply with this AD.
The average labor rate is $85 per workhour. Based on these figures, we
estimate the cost of this AD to the U.S.
operators to be $41,820, or $1,020 per
product.
sroberts on DSK5SPTVN1PROD with RULES
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. Subtitle VII:
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in Subtitle VII,
Part A, Subpart III, Section 44701:
‘‘General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
Regulatory Findings
This AD will not have federalism
implications under Executive Order
13132. This AD will not have a
substantial direct effect on the States, on
the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Is not a ‘‘significant rule’’ under
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979),
(3) Will not affect intrastate aviation
in Alaska, and
(4) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
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16:50 Sep 19, 2011
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under the criteria of the Regulatory
Flexibility Act.
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:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
2011–18–23 The Boeing Company:
Amendment 39–16805; Docket No.
FAA–2011–0221; Directorate Identifier
2010–NM–120–AD.
Effective Date
(a) This AD is effective October 25, 2011.
Affected ADs
(b) This AD affects certain requirements of
AD 2008–25–05, Amendment 39–15763 (73
FR 78936, December 24, 2008).
Applicability
(c) This AD applies to all The Boeing
Company Model DC–8–11, DC–8–12, DC–8–
21, DC–8–31, DC–8–32, DC–8–33, DC–8–41,
DC–8–42, DC–8–43, DC–8–51, DC–8–52, DC–
8–53, DC–8–55, DC–8F–54, DC–8F–55, DC–
8–61, DC–8–62, DC–8–63, DC–8–61F, DC–8–
62F, DC–8–63F, DC–8–71, DC–8–72, DC–8–
73, DC–8–71F, DC–8–72F, and DC–8–73F
airplanes, certificated in any category.
Subject
(d) Air Transport Association (ATA) of
America Code 57: Wings.
Unsafe Condition
(e) This AD was prompted by reports that
cracks in the center spar lower cap and, in
some cases, the web of the spar, have been
found at stations Xrs = 168.00, Xrs = 251.00,
and Xrs = 358.00. The Federal Aviation
Administration is issuing this AD to detect
and correct cracks in the area around certain
fasteners of the access opening doubler on
the left and right wing center spar lower cap,
which could compromise the structural
integrity of the wing structure.
Compliance
(f) You are responsible for having the
actions required by this AD performed within
the compliance times specified, unless the
actions have already been done.
Inspection
(g) Before the accumulation of 20,000 total
flight cycles, or within 3,000 flight cycles
PO 00000
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58099
after the effective date of this AD, whichever
occurs later, do a high frequency eddy
current (HFEC) or low frequency eddy
current (LFEC) inspection for cracks on the
area around certain fasteners of the access
opening doubler on the left and right wing
center spar lower cap, in accordance with the
Accomplishment Instructions of Boeing Alert
Service Bulletin DC8–57A103, dated May 5,
2010. If no crack is found, repeat the
inspection thereafter at the applicable
interval specified in paragraph 1.E.,
‘‘Compliance’’ of Boeing Alert Service
Bulletin DC8–57A103, dated May 5, 2010.
Repair
(h) If any crack is found during any
inspection required by paragraph (g) of this
AD, do the actions specified in paragraphs
(h)(1), (h)(2), and (h)(3) of this AD.
(1) Before further flight, repair the crack in
accordance with Boeing Alert Service
Bulletin DC8–57A103, dated May 5, 2010.
(2) Within 6,000 flight cycles after doing
the most recent HFEC inspection, or within
1,750 flight cycles after doing the most recent
LFEC inspection; as applicable; do the
inspection specified in paragraph (g) of this
AD of the non-repaired area, and repeat the
inspection of the non-repaired area thereafter
at the applicable time in paragraph 1.E.
‘‘Compliance,’’ of Boeing Alert Service
Bulletin DC8–57A103, dated May 5, 2010.
(3) Within the applicable times specified in
paragraph 1.E. ‘‘Compliance,’’ of Boeing Alert
Service Bulletin DC8–57A103, dated May 5,
2010, do the inspections of the repaired area,
using the inspection defined in Method 101
of Section 57–10–06, ‘‘Lower Center Space
Cap Flanges (FWD & AFT) from STA Xrs =
100 to 290,’’ or Methods 101 and 104 of
Section 57–10–16, ‘‘Lower Center Space Cap
Flanges (FWD & AFT) from STA Xrs = 100
to 290,’’ of the McDonnell Douglas DC–8
Supplemental Inspection Document (SID),
Report L26–011, Volume II, Revision 8, dated
January 2005, as applicable. Repeat the
inspection thereafter at the applicable
intervals specified in paragraph 1.E.,
‘‘Compliance,’’ of Boeing Alert Service
Bulletin DC8–57A103, dated May 5, 2010. If
any crack is found, before further flight,
repair the crack using a method approved in
accordance with the procedures specified in
paragraph (j) of this AD.
(i) The inspections required by paragraph
(h)(3) of this AD constitute compliance with
paragraph (j) of AD 2008–25–05 for the
repaired area. All requirements of AD 2008–
25–05 that are not specifically referenced in
this paragraph remain fully applicable and
require compliance.
Alternative Methods of Compliance
(AMOCs)
(j)(1) The Manager, Los Angeles Aircraft
Certification Office (ACO), FAA, has the
authority to approve AMOCs for this AD, if
requested using the procedures found in 14
CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector
or local Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the ACO, send it to the
attention of the person identified in the
Related Information section of this AD.
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58100
Federal Register / Vol. 76, No. 182 / Tuesday, September 20, 2011 / Rules and Regulations
(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,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office. The AMOC
approval letter must specifically reference
this AD.
(3) An AMOC that provides an acceptable
level of safety may be used for any repair
required by this AD if it is approved by the
Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has
been authorized by the Manager, Los Angeles
ACO to make those findings. For a repair
method to be approved, the repair must meet
the certification basis of the airplane and 14
CFR 25.571, Amendment 45, and the
approval must specifically refer to this AD.
Issued in Renton, Washington, on August
25, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
Related Information
AGENCY:
(k) For more information about this AD,
contact Dara Albouyeh, Aerospace Engineer,
Airframe Branch, ANM–120L, FAA, Los
Angeles ACO, 3960 Paramount Boulevard,
Lakewood, California 90712–4137; phone:
(562) 627–5222; fax: (562) 627–5210; e-mail:
dara.albouyeh@faa.gov.
sroberts on DSK5SPTVN1PROD with RULES
Material Incorporated by Reference
(l) You must use Boeing Alert Service
Bulletin DC8–57A103, dated May 5, 2010;
and McDonnell Douglas DC–8 Supplemental
Inspection Document (SID), Report L26–011,
Volume II, Revision 8, dated January 2005; as
applicable; to do the actions required by this
AD, unless the AD specifies otherwise. The
current revision of the McDonnell Douglas
DC–8 SID, Report L26–011, Volume II,
Revision 8, dated January 2005, is specified
on only the title page and List of Effective
Pages of the document; the cover page of this
document does not specify a revision of date.
(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, Attention: Data & Services
Management, 3855 Lakewood Boulevard, MC
D800–0019, Long Beach, California 90846–
0001; telephone 206–544–5000, extension 2;
fax 206–766–5683; e-mail
dse.boecom@boeing.com; Internet https://
www.myboeingfleet.com.
(3) You may review copies of the service
information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the
availability of this material at the FAA, call
425–227–1221.
(4) You may also review copies of the
service information that is incorporated by
reference at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at an NARA facility, call 202–741–
6030, or go to https://www.archives.gov/
federal_register/code_of_federal_regulations/
ibr_locations.html.
VerDate Mar<15>2010
16:50 Sep 19, 2011
Jkt 223001
[FR Doc. 2011–23709 Filed 9–19–11; 8:45 am]
BILLING CODE 4910–13–P
SECURITIES AND EXCHANGE
COMMISSION
17 CFR parts 200, 232, 240 and 249
[Release Nos. 33–9259; 34–65343; IC–
29788; File No. S7–10–09]
RIN 3235–AK27
Facilitating Shareholder Director
Nominations
Securities and Exchange
Commission.
ACTION: Final rule; notice of effective
date.
This release provides notice
of the effective date of the amendment
to Exchange Act Rule 14a–8, the
shareholder proposal rule, which will
require companies to include in their
proxy materials, under certain
circumstances, shareholder proposals
that seek to establish a procedure in the
company’s governing documents for the
inclusion of one or more shareholder
director nominees in the company’s
proxy materials. This release also
provides notice of the effective date of
related rule changes adopted
concurrently with the amendment to
Rule 14a–8.
DATES: The effective date of the
additions of § 200.82a, § 240.14a–18,
§ 240.14n–1 through § 240.14n–3, and
§ 240.14n–101, and the amendments to
§ 232.13, § 240.13a–11, § 240.13d–1,
§ 240.14a–2, § 240.14a–4, § 240.14a–5,
§ 240.14a–6, § 240.14a–8, § 240.14a–9,
§ 240.14a–12, § 240.15d–11, § 240.13d–
102, § 240.14a–101, and § 249.308,
published on September 16, 2010 (75 FR
56668), is September 20, 2011. Section
240.14a–11 was vacated by the United
States Court of Appeals for the District
of Columbia Circuit (No. 10–1305, July
22, 2011) and therefore is not effective.
FOR FURTHER INFORMATION CONTACT:
Tamara Brightwell, Lillian Brown, or
Ted Yu, Division of Corporation
Finance, at (202) 551–3200, U.S.
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549.
SUMMARY:
stayed from November 15, 2010 until
the resolution of the petition for review
of Exchange Act Rule 14a–11 in
Business Roundtable et al. v. Securities
and Exchange Commission, No. 10–
1305 (D.C. Cir., filed Sept. 29, 2010), the
effective and compliance dates of
amendments to the Federal proxy and
related rules that the Commission
adopted to facilitate the effective
exercise of shareholders’ traditional
state law rights to nominate and elect
directors to company boards of
directors. On October 20, 2010, a notice
of the stay was published in the Federal
Register (75 FR 64641). That
announcement stated that a notice of the
effective and compliance dates of the
final rules would be published in the
Federal Register following the
resolution of the petition for review. On
July 22, 2011, the United States Court of
Appeals for the District of Columbia
Circuit issued an order vacating Rule
14a–11 and on September 14, 2011, the
Court issued its mandate. Because the
mandate concludes the litigation in the
Court of Appeals, the stay expired by its
terms. The Court’s order did not affect
the amendment to Rule 14a–8, which
was not challenged in the litigation, or
the related rules and amendments
adopted concurrently with Rule 14a–11
and the amendment to Rule 14a–8.
Accordingly, those rules and
amendments are effective upon
publication of this notice in the Federal
Register.
As discussed in the preamble above,
the final rules noted in the DATES
section of this document and published
on September 16, 2010 (75 FR 56668)
amending Title 17, Chapter II of the
Code of Federal Regulations, are
effective September 20, 2011, with the
exception, as noted, of Rule 14a–11 (17
CFR 240.14a–11).
Dated: September 15, 2011.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011–24118 Filed 9–19–11; 8:45 am]
BILLING CODE 8011–01–P
By order
dated October 4, 2010 (Release No. 33–
9149, 34–63031, IC–29456), the
Securities and Exchange Commission
SUPPLEMENTARY INFORMATION:
PO 00000
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]]>Agencies
[Federal Register Volume 76, Number 182 (Tuesday, September 20, 2011)]
[Unknown Section]
[Pages 58098-58100]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-23709]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2011-0221; Directorate Identifier 2010-NM-120-AD;
Amendment 39-16805; AD 2011-18-23]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are adopting a new airworthiness directive (AD) for all The
Boeing Company Model DC-8-11, DC-8-12, DC-8-21, DC-8-31, DC-8-32, DC-8-
33, DC-8-41, DC-8-42, and DC-8-43 airplanes; Model DC-8-50 series
airplanes; Model DC-8F-54 and DC-8F-55 airplanes; Model DC-8-60 series
airplanes; Model DC-8-60F series airplanes; Model DC-8-70 series
airplanes; and Model DC-8-70F series airplanes. This AD requires
repetitive high frequency eddy current or repetitive low frequency eddy
current inspections for cracks on the area around certain fasteners of
the access opening doubler on the left and right wing center spar lower
cap, and repair, if necessary. This AD was prompted by reports that
cracks in the center spar lower cap and, in some cases, the web of the
spar, have been found at stations Xrs = 168.00, Xrs = 251.00, and Xrs =
358.00. We are issuing this AD to detect and correct cracks in the area
around certain fasteners of the access opening doubler on the left and
right wing center spar lower cap, which could compromise the structural
integrity of the wing structure.
DATES: This AD is effective October 25, 2011.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of October 25,
2011.
ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
3855 Lakewood Boulevard, MC D800-0019, Long Beach, California 90846-
0001; telephone 206-544-5000, extension 2; fax 206-766-5683; e-mail
dse.boecom@boeing.com; Internet https://www.myboeingfleet.com. You may
review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the availability of this material at the
FAA, call 425-227-1221.
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 (phone: 800-647-5527) is Document Management Facility,
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Dara Albouyeh, Aerospace Engineer,
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification
Office (ACO), 3960 Paramount Boulevard, Lakewood, California 90712-
4137; phone: (562) 627-5222; fax: (562) 627-5210; e-mail:
dara.albouyeh@faa.gov.
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
the specified products. That NPRM published in the Federal Register on
March 15, 2011 (76 FR 13926). That NPRM proposed to require repetitive
high frequency eddy current or repetitive low frequency eddy current
inspections for cracks on the area around certain fasteners of the
access opening doubler on the left and right wing center spar lower
cap, and repair, if necessary.
Comments
We gave the public the opportunity to participate in developing
this AD. The following presents the comment received on the proposal
and the FAA's response to each comment.
Request To Revise Paragraph (h)(3) of the NPRM
Boeing requested that we revise paragraph (h)(3) of the NPRM (76 FR
13926, March 15, 2011) to refer to ``Method 101 and 104,'' instead of
``Method 101 or 104.'' Boeing explained that Methods 101 and 104 should
be used when using Section 57-10-16 of the McDonnell Douglas DC-8
Supplemental Inspection Document (SID) Report L26-011, Volume II,
Revision 8, dated January 2005. Boeing stated that ``Method 101 and
104'' is correctly referenced in the service information.
We agree. We have clarified the reference as ``Methods 101 and
104'' in paragraph (h)(3) of the final rule for the reasons stated by
Boeing.
[[Page 58099]]
Conclusion
We reviewed the relevant data, considered the comment received, and
determined that air safety and the public interest require adopting the
AD with the change described previously.
We also determined that this change will not increase the economic
burden on any operator or increase the scope of the AD.
Costs of Compliance
We estimate that this AD would affect 41 airplanes of U.S.
registry. We also estimate that it will take 12 work-hours per product
to comply with this AD. The average labor rate is $85 per work-hour.
Based on these figures, we estimate the cost of this AD to the U.S.
operators to be $41,820, or $1,020 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 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),
(3) Will not affect intrastate aviation in Alaska, and
(4) 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.
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:
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 airworthiness
directive (AD):
2011-18-23 The Boeing Company: Amendment 39-16805; Docket No. FAA-
2011-0221; Directorate Identifier 2010-NM-120-AD.
Effective Date
(a) This AD is effective October 25, 2011.
Affected ADs
(b) This AD affects certain requirements of AD 2008-25-05,
Amendment 39-15763 (73 FR 78936, December 24, 2008).
Applicability
(c) This AD applies to all The Boeing Company Model DC-8-11, DC-
8-12, DC-8-21, DC-8-31, DC-8-32, DC-8-33, DC-8-41, DC-8-42, DC-8-43,
DC-8-51, DC-8-52, DC-8-53, DC-8-55, DC-8F-54, DC-8F-55, DC-8-61, DC-
8-62, DC-8-63, DC-8-61F, DC-8-62F, DC-8-63F, DC-8-71, DC-8-72, DC-8-
73, DC-8-71F, DC-8-72F, and DC-8-73F airplanes, certificated in any
category.
Subject
(d) Air Transport Association (ATA) of America Code 57: Wings.
Unsafe Condition
(e) This AD was prompted by reports that cracks in the center
spar lower cap and, in some cases, the web of the spar, have been
found at stations Xrs = 168.00, Xrs = 251.00, and Xrs = 358.00. The
Federal Aviation Administration is issuing this AD to detect and
correct cracks in the area around certain fasteners of the access
opening doubler on the left and right wing center spar lower cap,
which could compromise the structural integrity of the wing
structure.
Compliance
(f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Inspection
(g) Before the accumulation of 20,000 total flight cycles, or
within 3,000 flight cycles after the effective date of this AD,
whichever occurs later, do a high frequency eddy current (HFEC) or
low frequency eddy current (LFEC) inspection for cracks on the area
around certain fasteners of the access opening doubler on the left
and right wing center spar lower cap, in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin DC8-
57A103, dated May 5, 2010. If no crack is found, repeat the
inspection thereafter at the applicable interval specified in
paragraph 1.E., ``Compliance'' of Boeing Alert Service Bulletin DC8-
57A103, dated May 5, 2010.
Repair
(h) If any crack is found during any inspection required by
paragraph (g) of this AD, do the actions specified in paragraphs
(h)(1), (h)(2), and (h)(3) of this AD.
(1) Before further flight, repair the crack in accordance with
Boeing Alert Service Bulletin DC8-57A103, dated May 5, 2010.
(2) Within 6,000 flight cycles after doing the most recent HFEC
inspection, or within 1,750 flight cycles after doing the most
recent LFEC inspection; as applicable; do the inspection specified
in paragraph (g) of this AD of the non-repaired area, and repeat the
inspection of the non-repaired area thereafter at the applicable
time in paragraph 1.E. ``Compliance,'' of Boeing Alert Service
Bulletin DC8-57A103, dated May 5, 2010.
(3) Within the applicable times specified in paragraph 1.E.
``Compliance,'' of Boeing Alert Service Bulletin DC8-57A103, dated
May 5, 2010, do the inspections of the repaired area, using the
inspection defined in Method 101 of Section 57-10-06, ``Lower Center
Space Cap Flanges (FWD & AFT) from STA Xrs = 100 to 290,'' or
Methods 101 and 104 of Section 57-10-16, ``Lower Center Space Cap
Flanges (FWD & AFT) from STA Xrs = 100 to 290,'' of the McDonnell
Douglas DC-8 Supplemental Inspection Document (SID), Report L26-011,
Volume II, Revision 8, dated January 2005, as applicable. Repeat the
inspection thereafter at the applicable intervals specified in
paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin
DC8-57A103, dated May 5, 2010. If any crack is found, before further
flight, repair the crack using a method approved in accordance with
the procedures specified in paragraph (j) of this AD.
(i) The inspections required by paragraph (h)(3) of this AD
constitute compliance with paragraph (j) of AD 2008-25-05 for the
repaired area. All requirements of AD 2008-25-05 that are not
specifically referenced in this paragraph remain fully applicable
and require compliance.
Alternative Methods of Compliance (AMOCs)
(j)(1) The Manager, Los Angeles Aircraft Certification Office
(ACO), FAA, has the authority to approve AMOCs for this AD, if
requested using the procedures found in 14 CFR 39.19. In accordance
with 14 CFR 39.19, send your request to your principal inspector or
local Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in the Related Information
section of this AD.
[[Page 58100]]
(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, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding district
office. The AMOC approval letter must specifically reference this
AD.
(3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Los Angeles ACO to
make those findings. For a repair method to be approved, the repair
must meet the certification basis of the airplane and 14 CFR 25.571,
Amendment 45, and the approval must specifically refer to this AD.
Related Information
(k) For more information about this AD, contact Dara Albouyeh,
Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles ACO,
3960 Paramount Boulevard, Lakewood, California 90712-4137; phone:
(562) 627-5222; fax: (562) 627-5210; e-mail: dara.albouyeh@faa.gov.
Material Incorporated by Reference
(l) You must use Boeing Alert Service Bulletin DC8-57A103, dated
May 5, 2010; and McDonnell Douglas DC-8 Supplemental Inspection
Document (SID), Report L26-011, Volume II, Revision 8, dated January
2005; as applicable; to do the actions required by this AD, unless
the AD specifies otherwise. The current revision of the McDonnell
Douglas DC-8 SID, Report L26-011, Volume II, Revision 8, dated
January 2005, is specified on only the title page and List of
Effective Pages of the document; the cover page of this document
does not specify a revision of date.
(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, Attention: Data & Services Management,
3855 Lakewood Boulevard, MC D800-0019, Long Beach, California 90846-
0001; telephone 206-544-5000, extension 2; fax 206-766-5683; e-mail
dse.boecom@boeing.com; Internet https://www.myboeingfleet.com.
(3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call 425-227-1221.
(4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at an NARA facility, 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 August 25, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-23709 Filed 9-19-11; 8:45 am]
BILLING CODE 4910-13-P
