[Federal Register Volume 74, Number 208 (Thursday, October 29, 2009)]
[Rules and Regulations]
[Pages 55763-55765]
From the Federal Register Online via the Government Publishing 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.

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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 [email protected]; 
Internet https://www.myboeingfleet.com.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://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 
[email protected]; 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: http://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