AD 2013-01-02

[Federal Register Volume 78, Number 13 (Friday, January 18, 2013)]
[Rules and Regulations]
[Pages 4051-4053]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2013-00559]



[[Page 4051]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0804; Directorate Identifier 2012-NM-094-AD; 
Amendment 39-17316; AD 2013-01-02]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are superseding an existing airworthiness directive (AD) 
for certain The Boeing Company 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; and certain Model 757-200, -200PF, 
and -300 series airplanes. That AD currently 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 new AD adds airplanes to the 
applicability and revises the initial compliance times for those 
airplanes. This AD was prompted by 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 February 22, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of February 22, 
2013.
    The Director of the Federal Register approved the incorporation by 
reference of certain other publications listed in this AD as of 
December 3, 2009 (74 FR 55763, October 29, 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, WA 98124-2207; telephone 206-544-5000, 
extension 1; fax 206-766-5680; Internet <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>. 
You may review copies of the referenced service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, 
Washington 98057-3356. 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a>; 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: Francis Smith, Aerospace Engineer, 
Cabin Safety & Environmental Systems Branch, ANM-150S, FAA, Seattle 
Aircraft Certification Office, 1601 Lind Avenue SW., Renton, Washington 
98057-3356; phone: 425-917-6596; fax: 425-917-6590; email: 
<a href="/cdn-cgi/l/email-protection#b7d1c5d6d9d4dec499c4dadec3dff7d1d6d699d0d8c1"><span class="__cf_email__" data-cfemail="6701150609040e1449140a0e130f2701060649000811">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to supersede AD 2009-22-08, Amendment 39-16059 (74 FR 55763, 
October 29, 2009). That AD applies to the specified products. The NPRM 
published in the Federal Register on August 3, 2012 (77 FR 46343). That 
NPRM proposed to continue to require replacing the control switches of 
the forward, aft, and nose cargo doors of Model 747 airplanes; and the 
control switches of cargo doors 1 and 2 of Model 757 airplanes. That 
NPRM also proposed to add airplanes to the applicability and to revise 
the initial compliance times for those airplanes.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the proposal 
(77 FR 46343, August 3, 2012) and the FAA's response to each comment.

Support for the NPRM (77 FR 46343, August 3, 2012)

    Boeing supported the NPRM (77 FR 46343, August 3, 2012).
    American Airlines found that the NPRM (77 FR 46343, August 3, 2012) 
would not require additional actions for its Model 757 fleet; 
therefore, American Airlines had no comments concerning the NPRM.

Request for Clarification of Proposed Compliance Times

    Asiana Airlines requested that we clarify the compliance times 
specified in paragraph (g) of the NPRM (77 FR 46343, August 3, 2012). 
Specifically, Asiana Airlines requested clarification of the compliance 
times for Model 747 Groups 1 and 2 airplanes on which the door switches 
had been replaced before the effective date of AD 2009-22-08, Amendment 
39-16059 (74 FR 55763, October 29, 2009), per Boeing Special Attention 
Service Bulletin 747-52-2286, dated September 28, 2007; and on which 
the certificate of airworthiness had been issued long before 72 months 
after the effective date of AD 2009-22-08.
    We agree to provide clarification. Paragraph (g)(1) of this AD 
restates the compliance time from AD 2009-22-08, Amendment 39-16059 (74 
FR 55763, October 29, 2009) for Groups 1 and 2 Model 747 airplanes 
identified in Boeing Special Attention Service Bulletin 747-52-2286, 
Revision 1, dated October 28, 2010. If an operator has already replaced 
the switches before the effective date of this AD in accordance with 
either Boeing Special Attention Service Bulletin 747-52-2286, dated 
September 28, 2007; or Boeing Special Attention Service Bulletin 747-
52-2286, Revision 1, dated October 28, 2010; then no further action is 
necessary for compliance with paragraph (g) of this AD. No change to 
this AD is necessary.

Explanation of Change Made to This AD

    We have added new paragraph (i)(3) to this final rule to allow 
delegation of repairs to the Boeing Commercial Airplanes Organization 
Designation Authorization (ODA). We have re-identified subsequent 
paragraphs accordingly.

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--and minor editorial 
changes. We have determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM (77 FR 46343, August 3, 2012) for correcting the unsafe condition; 
and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM (77 FR 46343, August 3, 2012).

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Costs of Compliance

    We estimate that this AD affects 225 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                    Cost per        Number of      Cost on U.S.
            Action                Labor cost      Parts cost        product         airplanes       operators
----------------------------------------------------------------------------------------------------------------
Replacement [retained from     Up to 5 work-              $195  Up to $620.....             221  Up to $137,020.
 existing AD 2009-22-08,        hours x $85
 Amendment 39-16059 (74 FR      per hour =
 55763, October 29, 2009)].     $425.
Replacement [new action for    5 work-hours x              195  $620...........               4  $2,480.
 added airplanes].              $85 per hour =
                                $425.
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    According to the manufacturer, some of the costs of this AD may be 
covered under warranty, thereby reducing the cost impact on affected 
individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all costs in our cost 
estimate.

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

    We have determined that 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 removing airworthiness directive (AD) 
2009-22-08, Amendment 39-16059 (74 FR 55763, October 29, 2009), and 
adding the following new AD:

2013-01-02 The Boeing Company: Amendment 39-17316; Docket No. FAA-
2012-0804; Directorate Identifier 2012-NM-094-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective February 22, 
2013.

(b) Affected ADs

    This AD supersedes AD 2009-22-08, Amendment 39-16059 (74 FR 
55763, October 29, 2009).

(c) Applicability

    This AD applies to The Boeing Company 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, Revision 1, dated October 28, 2010; and Model 
757-200, -200PF, and -300 series airplanes, certificated in any 
category, as indentified in Boeing Special Attention Service 
Bulletin 757-52-0090, dated September 21, 2007.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 52, Doors.

(e) Unsafe Condition

    This AD was prompted by 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.

(f) Compliance

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

(g) Retained Replacement

    This paragraph restates the requirements of paragraph (f) of AD 
2009-22-08, Amendment 39-16059 (74 FR 55763, October 29, 2009), with 
revised compliance times and service information. Replace the 
control switches, as specified in paragraph (g)(1) or (g)(2) of this 
AD, as applicable. Repeat the replacements thereafter at intervals 
not to exceed 72 months.
    (1) For Groups 1 and 2 Model 747 airplanes identified in Boeing 
Special Attention Service Bulletin 747-52-2286, Revision 1, dated 
October 28, 2010: Within 24 months after December 3, 2009 (the 
effective date of AD 2009-22-08, Amendment 39-16059 (74 FR 55763, 
October 29, 2009)), or within 72 months from the date of issuance of 
the original certificate of airworthiness or the original export 
certificate of airworthiness, whichever occurs later, 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; or 
Boeing Special Attention Service Bulletin 747-52-2286, Revision 1, 
dated October 28, 2010. As of the effective date of this AD, use 
only Boeing Special Attention Service Bulletin 747-52-2286, Revision 
1, dated October 28, 2010, to do the actions specified in this 
paragraph.
    (2) For Model 757 series airplanes: Within 24 months after 
December 3, 2009 (the

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effective date of AD 2009-22-08, Amendment 39-16059 (74 FR 55763, 
October 29, 2009)), 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.

(h) New Replacement

    For Group 3 airplanes identified in Boeing Special Attention 
Service Bulletin 747-52-2286, Revision 1, dated October 28, 2010: 
Within 72 months from the date of issuance of the original 
certificate of airworthiness or the original export certificate of 
airworthiness, or within 12 months after the effective date of this 
AD, whichever occurs later, replace the control switches of the 
forward, aft, and nose cargo doors, as applicable, in accordance 
with the Accomplishment Instructions of Boeing Special Attention 
Service Bulletin 747-52-2286, Revision 1, dated October 28, 2010. 
Repeat the replacements thereafter at intervals not to exceed 72 
months.

(i) Alternative Methods of Compliance (AMOCs)

    (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. 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. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#bb8296faf5f696e8dedacfcfd7de96faf8f496faf6f4f896e9decacedec8cfc8fbdddada95dcd4cd"><span class="__cf_email__" data-cfemail="51687c101f1c7c02343025253d347c10121e7c101c1e127c0334202434222522113730307f363e27">[email&#160;protected]</span></a>.
    (2) 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.
    (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, Seattle ACO, to make 
those findings. For a repair method to be approved, the repair must 
meet the certification basis of the airplane, and the approval must 
specifically refer to this AD.
    (4) AMOCs approved previously in accordance with AD 2009-22-08, 
Amendment 39-16059 (74 FR 55763, October 29, 2009), are approved as 
AMOCs for the corresponding provisions of this AD.

(j) Related Information

    For more information about this AD, contact Francis Smith, 
Aerospace Engineer, Cabin Safety & Environmental Systems Branch, 
ANM-150S, FAA, Seattle Aircraft Certification Office, 1601 Lind 
Avenue SW., Renton, Washington 98057-3356; phone: 425-917-6596; fax: 
425-917-6590; email: <a href="/cdn-cgi/l/email-protection#e58397848b868c96cb96888c918da5838484cb828a93"><span class="__cf_email__" data-cfemail="026470636c616b712c716f6b766a426463632c656d74">[email&#160;protected]</span></a>.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (3) The following service information was approved for IBR on 
February 22, 2013.
    (i) Boeing Special Attention Service Bulletin 747-52-2286, 
Revision 1, dated October 28, 2010.
    (ii) Reserved.
    (4) The following service information was approved for IBR on 
December 3, 2009 (74 FR 55763, October 29, 2009).
    (i) Boeing Special Attention Service Bulletin 747-52-2286, dated 
September 28, 2007.
    (ii) Boeing Special Attention Service Bulletin 757-52-0090, 
dated September 21, 2007.
    (5) For Boeing service information identified in this AD, 
contact Boeing Commercial Airplanes, Attention: Data & Services 
Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; 
telephone 206-544-5000, extension 1; fax 206-766-5680; Internet 
<a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>.
    (6) You may view this service information at FAA, 1601 Lind 
Avenue SW., Renton, Washington 98057-3356. For information on the 
availability of this material at the FAA, call 425-227-1221.
    (7) You may view this 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: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued in Renton, Washington, on January 4, 2013.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.

[FR Doc. 2013-00559 Filed 1-17-13; 8:45 am]
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