Airworthiness Directives; Boeing Model 747 Airplanes; and Boeing Model 757-200, -200PF, and -300 Series Airplanes, 55763-55765 [E9-25666]

Download as PDF Federal Register / Vol. 74, No. 208 / Thursday, October 29, 2009 / Rules and Regulations 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 October 19, 2009. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E9–25660 Filed 10–28–09; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2008–1326; Directorate Identifier 2008–NM–141–AD; Amendment 39–16059; AD 2009–22–08] RIN 2120–AA64 dcolon on DSK2BSOYB1PROD with RULES AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: We are adopting a new airworthiness directive (AD) for certain Boeing Model 747 airplanes and certain Boeing Model 757–200, –200PF, and –300 series airplanes. This AD requires replacing the control switches of the forward, aft, and nose cargo doors of Model 747 airplanes; and requires replacing the control switches of cargo doors 1 and 2 of Model 757 series airplanes. This AD results from reports of problems associated with the uncommanded operation of cargo doors. We are issuing this AD to prevent injuries to persons and damage to the airplane and equipment. DATES: This AD is effective December 3, 2009. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of December 3, 2009. ADDRESSES: For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H–65, Seattle, Washington 98124– 2207; telephone 206–544–5000, extension 1, fax 206–766–5680; e-mail me.boecom@boeing.com; Internet https://www.myboeingfleet.com. 14:45 Oct 28, 2009 Jkt 220001 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, 1200 New Jersey Avenue, SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Patrick Gillespie, 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) 917–6429; fax (425) 917–6590. SUPPLEMENTARY INFORMATION: Discussion Airworthiness Directives; Boeing Model 747 Airplanes; and Boeing Model 757–200, –200PF, and –300 Series Airplanes VerDate Nov<24>2008 Examining the AD Docket We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an airworthiness directive (AD) that would apply to certain Boeing Model 747 airplanes and certain Boeing Model 757–200, –200PF, and –300 series airplanes. That NPRM was published in the Federal Register on December 23, 2008 (73 FR 78672). That NPRM proposed to require replacing the control switches of the forward, aft, and nose cargo doors of Model 747 airplanes; and replacing the control switches of cargo doors 1 and 2 of Model 757 series airplanes. Comments We gave the public the opportunity to participate in developing this AD. We considered the comments received from the four commenters. Support for the NPRM Boeing concurs with the content of the NPRM. Request for Inclusion of Airplane Maintenance Manual (AMM) 52–34–30 American Airlines (AA) requests that we revise paragraph (f)(2) of the NPRM to allow another method to comply with the AD for Model 757 series airplanes. As proposed, the NPRM would require replacing the control switches of cargo doors 1 and 2 of Model 757 series airplanes, in accordance with Boeing Special Attention Service Bulletin 757– 52–0090, dated September 21, 2007, which specifies a brush coat to the switch terminals with BMS5–37 or PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 55763 BMS5–45 Class A sealant after all wires are connected. Since AA uses the AMM for instructions for replacement, and the AMM does not specify the brush coat to the switch terminals with BMS5–37 or BMS5–45 Class A sealant after all wires are connected, AA requests that we revise the NPRM to state that the control switches of cargo doors 1 and 2 can be replaced in accordance with either the Accomplishment Instructions of Boeing Special Attention Service Bulletin 757– 52–0090, dated September 21, 2007, or the removal and installation steps found in the AMM. AA states that it initiated a replacement program for the cargo switches mentioned in the previous paragraph in accordance with the AMM. Approximately one year after the initiation of the replacement program, Boeing released Boeing Special Attention Service Bulletin 757–52– 0090, dated September 21, 2007, which introduced the requirement to ‘‘[b]rush coat the switch terminals with BMS5–37 or BMS5–45 Class A sealant after all wires are connected.’’ AA notes that this requirement was not and is not presently found in the AMM procedure. We disagree with the request to allow doing the removal and installation procedures in the AMM as a method of compliance with paragraph (f)(2) of this AD. In order to address the identified unsafe condition, operators will have to do additional actions that are not found in the AMM, including the brush coat to the switch terminals with BMS5–37 or BMS5–45 Class A sealant after all wires are connected. Paragraph (g) of this AD provides operators the opportunity to request an alternative method of compliance (AMOC) for the requirements of paragraph (f)(2), if data are presented that justify the request. We have not changed the AD in this regard. Request for Documentation FedEx requests that we revise the NPRM to identify the maintenance document that will be the appropriate source of service information for the immediate replacement of a toggle switch in the event an ‘‘uncommanded operation’’ is found prior to the next 6year mark (the proposed repetitive interval specified in the NPRM). We partially agree. We agree that operators should replace the switch in the event of an uncommanded operation and note that Boeing Special Attention Service Bulletins 747–52–2286, dated September 28, 2007; and 757–52–0090, dated September 21, 2007; provide adequate information to accomplish switch replacement. We disagree with the request to revise this AD because E:\FR\FM\29OCR1.SGM 29OCR1 55764 Federal Register / Vol. 74, No. 208 / Thursday, October 29, 2009 / Rules and Regulations this AD does not mandate replacement in the event of an uncommanded operation; this AD requires repetitive replacements within specified intervals. If operators replace the switch using another method, they may ask for approval of an AMOC if they also submit data that justify a different method and provide an adequate level of safety. We have not changed the AD in this regard. dcolon on DSK2BSOYB1PROD with RULES Request for Determination of Reliability FedEx questions whether cargo toggle switch part number (P/N) 8837K2 or P/N MS25307–272, which is specified in paragraphs 2.C.2. of Boeing Special Attention Service Bulletin 757–52– 0090, dated September 21, 2007, paragraphs 2.C.2., is more reliable. We infer that the commenter would like us to permit installation of P/N 8837K2 so that it is not necessary for an operator to request approval of an AMOC in order to install P/N 8837K2. We disagree. The operator did not provide justification that P/N 8837K2 provides an equivalent level of safety. However, according to the provisions of paragraph (g) of the final rule, we may approve a request to allow a different compliance method if the request includes data that prove that the new method would provide an acceptable level of safety. Request for Credit Continental Airlines requests that we revise the NPRM to provide credit for accomplishment of the AD when replacement of the affected cargo door switches is incorporated into a carrier’s routine maintenance program. The commenter notes that its replacement schedule coincides with that specified in the NPRM. We acknowledge the commenter’s request. A replacement done in accordance with Boeing Special Attention Service Bulletin 747–52– 2286, dated September 28, 2007; or 757– 52–0090, dated September 21, 2007; as applicable; before the effective date of this AD is acceptable for compliance with the AD, as indicated by the phrase ‘‘unless already done’’ in paragraph (e) of this AD. However, the commenter does not identify the service information used in the routine maintenance program to do the replacement. If actions done previously align with the applicable Boeing service bulletin, the operator will be given credit. In addition, we may approve a request for an alternative method of compliance (AMOC) for replacement of the control switches if the request includes data that prove that the new method would VerDate Nov<24>2008 14:45 Oct 28, 2009 Jkt 220001 provide an acceptable level of safety. We have not changed the AD in this regard. Explanation of Change to NPRM We have changed the phrase ‘‘6 years’’ to 72 months in paragraph (f) of this AD to provide a time frame that specifies the compliance with greater detail. Conclusion We reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting the AD with the change described previously. We also determined that the 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 affects 765 airplanes of U.S. registry. We also estimate that it takes about 2 to 3 workhours per product to comply with this AD. The average labor rate is $80 per work-hour. Required parts cost about $130 to $195 per airplane. Based on these figures, we estimate the cost of this AD to U.S. operators to be up to $332,775, or between $290 and $435 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 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 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: ■ 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 AD: ■ 2009–22–08 Boeing: Amendment 39–16059. Docket No. FAA–2008–1326; Directorate Identifier 2008–NM–141–AD. Effective Date (a) This airworthiness directive (AD) is effective December 3, 2009. Affected ADs (b) None. Applicability (c) This AD applies to Boeing Model 747– 100, 747–100B, 747–100B SUD, 747–200B, 747–200C, 747–200F, 747–300, 747–400, 747–400D, 747–400F, 747SR, and 747SP series airplanes, certificated in any category, as identified in Boeing Special Attention Service Bulletin 747–52–2286, dated September 28, 2007; and Boeing Model 757– 200, –200PF, and –300 series airplanes, certificated in any category, as identified in Boeing Special Attention Service Bulletin 757–52–0090, dated September 21, 2007. Unsafe Condition (d) This AD results from reports of problems associated with the uncommanded operation of cargo doors. We are issuing this AD to prevent injuries to persons and damage to the airplane and equipment. E:\FR\FM\29OCR1.SGM 29OCR1 Federal Register / Vol. 74, No. 208 / Thursday, October 29, 2009 / Rules and Regulations Compliance (e) Comply with this AD within the compliance times specified, unless already done. Replacement (f) Within 24 months after the effective date of this AD, replace the control switches as specified in paragraph (f)(1) or (f)(2) of this AD, as applicable. Repeat the replacements thereafter at intervals not to exceed 72 months. (1) For Model 747 airplanes: Replace the control switches of the forward, aft, and nose cargo doors, in accordance with the Accomplishment Instructions of Boeing Special Attention Service Bulletin 747–52– 2286, dated September 28, 2007. (2) For Model 757 series airplanes: Replace the control switches of cargo doors 1 and 2, in accordance with the Accomplishment Instructions of Boeing Special Attention Service Bulletin 757–52–0090, dated September 21, 2007. dcolon on DSK2BSOYB1PROD with RULES Alternative Methods of Compliance (AMOCs) (g)(1) The Manager, Seattle 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. Send information to Attn: ATTN: Patrick Gillespie, Aerospace Engineer, Cabin Safety and Environmental Systems Branch, ANM–150S, FAA, Seattle ACO, 1601 Lind Avenue, SW., Renton, Washington. (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 principal maintenance inspector (PMI) or principal avionics inspector (PAI), as appropriate, or lacking a principal inspector, your local Flight Standards District Office. The AMOC approval letter must specifically reference this AD. Material Incorporated by Reference (h) You must use Boeing Special Attention Service Bulletin 747–52–2286, dated September 28, 2007; or Boeing Special Attention Service Bulletin 757–52–0090, dated September 21, 2007; as applicable; 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, Attention: Data & Services Management, P.O. Box 3707, MC 2H–65, Seattle, Washington 98124–2207; telephone 206–544–5000, extension 1, fax 206–766– 5680; e-mail me.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 or 425–227–1152. (4) You may also review copies of the service information that is incorporated by VerDate Nov<24>2008 14:45 Oct 28, 2009 Jkt 220001 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 October 19, 2009. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E9–25666 Filed 10–28–09; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2009–0745; Directorate Identifier 2009–CE–036–AD; Amendment 39–16053; AD 2009–22–02] RIN 2120–AA64 Airworthiness Directives; American Champion Aircraft Corp. Models 7ECA, 7GCAA, 7GCBC, 7KCAB, 8KCAB, and 8GCBC Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: We are adopting a new airworthiness directive (AD) for all American Champion Aircraft Corp. Models 7ECA, 7GCAA, 7GCBC, 7KCAB, 8KCAB, and 8GCBC airplanes, manufactured prior to 1989 and equipped with folding rear seat backs. This AD requires inspection of the rear seat back hinge areas for cracking and excessive elongation of the rear seat hinge bolt hole and, if cracking or excessive elongation is found, replacement of the rear seat frame. We are issuing this AD to detect and correct cracking of the rear seat back hinge area and excessive elongation of the rear seat hinge bolt hole, either of which could result in failure of the seat back. This failure could lead to a rear-seated pilot or passenger inadvertently interfering with the control stick while attempting to not roll to the rear of the airplane upon seat back failure. Consequently, this failure could result in loss of control. DATES: This AD becomes effective on December 3, 2009. On December 3, 2009, the Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD. ADDRESSES: For service information identified in this AD, contact American PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 55765 Champion Aircraft Corporation, P.O. Box 37, 32032 Washington Ave., Rochester, Wisconsin 53167; telephone: (262) 534–6315; fax: (262) 534–2395; Internet: https:// www.amerchampionaircraft.com/ Technical/Technical.html. To view the AD docket, go to U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590, or on the Internet at https:// www.regulations.gov. The docket number is FAA–2009–0745; Directorate Identifier 2009–CE–036–AD. FOR FURTHER INFORMATION CONTACT: Wess Rouse, Aerospace Engineer, 2300 East Devon Avenue, Room 107, Des Plaines, Illinois 60018; telephone: (847) 294–8113; fax: (847) 294–7834. SUPPLEMENTARY INFORMATION: Discussion On August 7, 2009, we issued a proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an AD that would apply to all American Champion Aircraft Corp. Models 7ECA, 7GCAA, 7GCBC, 7KCAB, 8KCAB, and 8GCBC airplanes, manufactured prior to 1989 and equipped with folding rear seat backs. This proposal was published in the Federal Register as a notice of proposed rulemaking (NPRM) on August 13, 2009 (74 FR 40781). The NPRM proposed to require inspection of the rear seat back hinge areas for cracking and excessive elongation of the rear seat hinge bolt hole and, if cracking or excessive elongation is found, replacement of the rear seat frame. Comments We provided the public the opportunity to participate in developing this AD. We received no comments on the proposal or on the determination of the cost to the public. Conclusion We have carefully reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed except for minor editorial corrections. We have determined that these minor corrections: • Are consistent with the intent that was proposed in the NPRM for correcting the unsafe condition; and • Do not add any additional burden upon the public than was already proposed in the NPRM. Costs of Compliance We estimate that this AD affects 2,000 airplanes in the U.S. registry. E:\FR\FM\29OCR1.SGM 29OCR1

Agencies

[Federal Register Volume 74, Number 208 (Thursday, October 29, 2009)]
[Rules and Regulations]
[Pages 55763-55765]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-25666]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-1326; Directorate Identifier 2008-NM-141-AD; 
Amendment 39-16059; AD 2009-22-08]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 747 Airplanes; and Boeing 
Model 757-200, -200PF, and -300 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Boeing Model 747 airplanes and certain Boeing Model 757-200, -200PF, 
and -300 series airplanes. This AD requires replacing the control 
switches of the forward, aft, and nose cargo doors of Model 747 
airplanes; and requires replacing the control switches of cargo doors 1 
and 2 of Model 757 series airplanes. This AD results from reports of 
problems associated with the uncommanded operation of cargo doors. We 
are issuing this AD to prevent injuries to persons and damage to the 
airplane and equipment.

DATES: This AD is effective December 3, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of December 3, 
2009.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1, fax 206-766-5680; e-mail me.boecom@boeing.com; 
Internet https://www.myboeingfleet.com.

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

FOR FURTHER INFORMATION CONTACT: Patrick Gillespie, 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) 917-6429; fax (425) 917-6590.

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 
certain Boeing Model 747 airplanes and certain Boeing Model 757-200, -
200PF, and -300 series airplanes. That NPRM was published in the 
Federal Register on December 23, 2008 (73 FR 78672). That NPRM proposed 
to require replacing the control switches of the forward, aft, and nose 
cargo doors of Model 747 airplanes; and replacing the control switches 
of cargo doors 1 and 2 of Model 757 series airplanes.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received from the four commenters.

Support for the NPRM

    Boeing concurs with the content of the NPRM.

Request for Inclusion of Airplane Maintenance Manual (AMM) 52-34-30

    American Airlines (AA) requests that we revise paragraph (f)(2) of 
the NPRM to allow another method to comply with the AD for Model 757 
series airplanes. As proposed, the NPRM would require replacing the 
control switches of cargo doors 1 and 2 of Model 757 series airplanes, 
in accordance with Boeing Special Attention Service Bulletin 757-52-
0090, dated September 21, 2007, which specifies a brush coat to the 
switch terminals with BMS5-37 or BMS5-45 Class A sealant after all 
wires are connected. Since AA uses the AMM for instructions for 
replacement, and the AMM does not specify the brush coat to the switch 
terminals with BMS5-37 or BMS5-45 Class A sealant after all wires are 
connected, AA requests that we revise the NPRM to state that the 
control switches of cargo doors 1 and 2 can be replaced in accordance 
with either the Accomplishment Instructions of Boeing Special Attention 
Service Bulletin 757-52-0090, dated September 21, 2007, or the removal 
and installation steps found in the AMM.
    AA states that it initiated a replacement program for the cargo 
switches mentioned in the previous paragraph in accordance with the 
AMM. Approximately one year after the initiation of the replacement 
program, Boeing released Boeing Special Attention Service Bulletin 757-
52-0090, dated September 21, 2007, which introduced the requirement to 
``[b]rush coat the switch terminals with BMS5-37 or BMS5-45 Class A 
sealant after all wires are connected.'' AA notes that this requirement 
was not and is not presently found in the AMM procedure.
    We disagree with the request to allow doing the removal and 
installation procedures in the AMM as a method of compliance with 
paragraph (f)(2) of this AD. In order to address the identified unsafe 
condition, operators will have to do additional actions that are not 
found in the AMM, including the brush coat to the switch terminals with 
BMS5-37 or BMS5-45 Class A sealant after all wires are connected. 
Paragraph (g) of this AD provides operators the opportunity to request 
an alternative method of compliance (AMOC) for the requirements of 
paragraph (f)(2), if data are presented that justify the request. We 
have not changed the AD in this regard.

Request for Documentation

    FedEx requests that we revise the NPRM to identify the maintenance 
document that will be the appropriate source of service information for 
the immediate replacement of a toggle switch in the event an 
``uncommanded operation'' is found prior to the next 6-year mark (the 
proposed repetitive interval specified in the NPRM).
    We partially agree. We agree that operators should replace the 
switch in the event of an uncommanded operation and note that Boeing 
Special Attention Service Bulletins 747-52-2286, dated September 28, 
2007; and 757-52-0090, dated September 21, 2007; provide adequate 
information to accomplish switch replacement. We disagree with the 
request to revise this AD because

[[Page 55764]]

this AD does not mandate replacement in the event of an uncommanded 
operation; this AD requires repetitive replacements within specified 
intervals. If operators replace the switch using another method, they 
may ask for approval of an AMOC if they also submit data that justify a 
different method and provide an adequate level of safety. We have not 
changed the AD in this regard.

Request for Determination of Reliability

    FedEx questions whether cargo toggle switch part number (P/N) 
8837K2 or P/N MS25307-272, which is specified in paragraphs 2.C.2. of 
Boeing Special Attention Service Bulletin 757-52-0090, dated September 
21, 2007, paragraphs 2.C.2., is more reliable.
    We infer that the commenter would like us to permit installation of 
P/N 8837K2 so that it is not necessary for an operator to request 
approval of an AMOC in order to install P/N 8837K2. We disagree. The 
operator did not provide justification that P/N 8837K2 provides an 
equivalent level of safety. However, according to the provisions of 
paragraph (g) of the final rule, we may approve a request to allow a 
different compliance method if the request includes data that prove 
that the new method would provide an acceptable level of safety.

Request for Credit

    Continental Airlines requests that we revise the NPRM to provide 
credit for accomplishment of the AD when replacement of the affected 
cargo door switches is incorporated into a carrier's routine 
maintenance program. The commenter notes that its replacement schedule 
coincides with that specified in the NPRM.
    We acknowledge the commenter's request. A replacement done in 
accordance with Boeing Special Attention Service Bulletin 747-52-2286, 
dated September 28, 2007; or 757-52-0090, dated September 21, 2007; as 
applicable; before the effective date of this AD is acceptable for 
compliance with the AD, as indicated by the phrase ``unless already 
done'' in paragraph (e) of this AD. However, the commenter does not 
identify the service information used in the routine maintenance 
program to do the replacement.
    If actions done previously align with the applicable Boeing service 
bulletin, the operator will be given credit. In addition, we may 
approve a request for an alternative method of compliance (AMOC) for 
replacement of the control switches if the request includes data that 
prove that the new method would provide an acceptable level of safety. 
We have not changed the AD in this regard.

Explanation of Change to NPRM

    We have changed the phrase ``6 years'' to 72 months in paragraph 
(f) of this AD to provide a time frame that specifies the compliance 
with greater detail.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the change described previously. We also determined that 
the 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 affects 765 airplanes of U.S. registry. We 
also estimate that it takes about 2 to 3 work-hours per product to 
comply with this AD. The average labor rate is $80 per work-hour. 
Required parts cost about $130 to $195 per airplane. Based on these 
figures, we estimate the cost of this AD to U.S. operators to be up to 
$332,775, or between $290 and $435 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), 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:

2009-22-08 Boeing: Amendment 39-16059. Docket No. FAA-2008-1326; 
Directorate Identifier 2008-NM-141-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective December 3, 
2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 747-100, 747-100B, 747-100B 
SUD, 747-200B, 747-200C, 747-200F, 747-300, 747-400, 747-400D, 747-
400F, 747SR, and 747SP series airplanes, certificated in any 
category, as identified in Boeing Special Attention Service Bulletin 
747-52-2286, dated September 28, 2007; and Boeing Model 757-200, -
200PF, and -300 series airplanes, certificated in any category, as 
identified in Boeing Special Attention Service Bulletin 757-52-0090, 
dated September 21, 2007.

Unsafe Condition

    (d) This AD results from reports of problems associated with the 
uncommanded operation of cargo doors. We are issuing this AD to 
prevent injuries to persons and damage to the airplane and 
equipment.

[[Page 55765]]

Compliance

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

Replacement

    (f) Within 24 months after the effective date of this AD, 
replace the control switches as specified in paragraph (f)(1) or 
(f)(2) of this AD, as applicable. Repeat the replacements thereafter 
at intervals not to exceed 72 months.
    (1) For Model 747 airplanes: Replace the control switches of the 
forward, aft, and nose cargo doors, in accordance with the 
Accomplishment Instructions of Boeing Special Attention Service 
Bulletin 747-52-2286, dated September 28, 2007.
    (2) For Model 757 series airplanes: Replace the control switches 
of cargo doors 1 and 2, in accordance with the Accomplishment 
Instructions of Boeing Special Attention Service Bulletin 757-52-
0090, dated September 21, 2007.

Alternative Methods of Compliance (AMOCs)

    (g)(1) The Manager, Seattle 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. Send information to 
Attn: ATTN: Patrick Gillespie, Aerospace Engineer, Cabin Safety and 
Environmental Systems Branch, ANM-150S, FAA, Seattle ACO, 1601 Lind 
Avenue, SW., Renton, Washington.
    (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 principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office. 
The AMOC approval letter must specifically reference this AD.

Material Incorporated by Reference

    (h) You must use Boeing Special Attention Service Bulletin 747-
52-2286, dated September 28, 2007; or Boeing Special Attention 
Service Bulletin 757-52-0090, dated September 21, 2007; as 
applicable; 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, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 
206-544-5000, extension 1, fax 206-766-5680; e-mail 
me.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 or 425-227-1152.
    (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 October 19, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-25666 Filed 10-28-09; 8:45 am]
BILLING CODE 4910-13-P
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