AD 2008-09-04

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.

Final rule.

2008-09-04 McDonnell Douglas: Amendment 39-15484. Docket No. FAA- 2008-0031; Directorate Identifier 2007-NM-313-AD. \n\nEffective Date \n\n\t(a) This airworthiness directive (AD) is effective May 27, 2008. \n\nAffected ADs \n\n\t(b) None. \n\nApplicability \n\n\t(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. \n\n\tNote 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. \n\nUnsafe Condition \n\n\t(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. \n\nCompliance \n\n\t(e) Comply with this AD within the compliance times specified, unless already done. \n\nRevise the FAA-Approved Maintenance Program \n\n\t(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. \n\nNo Reporting Requirement \n\n\t(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. \n\nNo Alternative Inspections, Inspection Intervals, or Critical Design Configuration Control Limitations (CDCCLs) \n\n\t(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. \n\nAMOCs \n\n\t(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. \n\t(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. \n\nMaterial Incorporated by Reference \n\n\t(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: \n\n\nPages\nRevision\nDate\nIndex of Page Changes Pages i through iii.\nA\nAugust 8, 2006. \n\n\t(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. \n\t(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). \n\t(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: http://www.archives.gov/federal_register/code_of_federal_ regulations/ibr_locations.html.

Discussion \n\n\tWe 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. \n\nComments \n\n\tWe gave the public the opportunity to participate in developing this AD. We considered the comments received from the one commenter, Boeing. \n\nChanges Made to This AD \n\n\tFor standardization purposes, we have revised this AD in the following ways: \n\tWe 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. \n\tWe 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. \n\nRequest To Revise Note 1 \n\n\tBoeing 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: \n\tReplace the words "revision to'' with "deviation from'' in the last sentence. \n\tDelete the words "(f), or'' and "as applicable'' from the last sentence. \n\tAs 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. \n\nRequest To Clarify Approval of Component Maintenance Manual (CMM) Changes \n\n\tBoeing 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: \n\tRevise the heading to "Deviations from Component Maintenance Manuals (CMMs) Cited in Fuel Tank System AWLs.'' \n\tRevise the third sentence to state that the Manager, Los Angeles ACO, must approve "any deviations from'' the CMMs "as defined in Report MDC-02K9030.'' \n\tReplace the words "revision of'' with "deviation from'' in the fourth sentence. \n\tRevise the fourth sentence to state that those CMMs "as defined in Report MDC-02K9030'' will be handled like a change to the AWL itself. \n\tDelete the entire last sentence. \n\tWe 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. \n\nConclusion \n\n\tWe 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. \n\nCosts of Compliance \n\n\tWe 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. \n\nAuthority for This Rulemaking \n\n\tTitle 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. \n\tWe 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. \n\nRegulatory Findings \n\n\tThis 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. \n\tFor the reasons discussed above, I certify that this AD: \n\t(1) Is not a "significant regulatory action'' under Executive Order 12866, \n\t(2) Is not a "significant rule'' under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979), and \n\t(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. \n\tYou can find our regulatory evaluation and the estimated costs of compliance in the AD Docket. \n\nList of Subjects in 14 CFR Part 39 \n\n\tAir transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. \n\nAdoption of the Amendment \n\nAccordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: \n\nPART 39--AIRWORTHINESS DIRECTIVES \n\n1. The authority citation for part 39 continues to read as follows: \n\n\tAuthority: 49 U.S.C. 106(g), 40113, 44701. \n\nSec. 39.13 (Amended) \n\n2. The FAA amends Sec. 39.13 by adding the following new AD: