AD 2008-08-25

This AD is effective May 27, 2008.

The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of May 27, 2008.

For service information identified in this AD, contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207.

Marcia Smith, 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) 917-6484; fax (425) 917-6590.

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 747-400F series airplanes. That NPRM was published in the Federal Register on January 8, 2007 (72 FR 664). That NPRM proposed to require installing drains and drain tubes to eliminate water accumulation in the dripshield above the M826 Card File in the main equipment center.

We gave the public the opportunity to participate in developing this AD. We considered the comment received from the one commenter.

Boeing requests that all occurrences of the phrase “certain 747-400F series airplanes” be changed to “certain 747-400F and certain 747-400BCF series airplanes.” Boeing states that this change will clarify the affected models for operators, and that the wording of the proposed applicability statement, “747-400F series,” does not include the Model 747-400BCF (Boeing converted freighter) airplanes. Boeing states that it is revising the existing service bulletin referred to in the NPRM to include some early Model 747-400BCF airplanes.

We partially agree. We have determined that these airplanes are also subject to the identified unsafe condition addressed by this AD. Therefore, we agree to revise the applicability language of this AD to include these airplanes; however, we do not agree to use the language suggested by Boeing. Section XIII., “747-400SF Major Design Change,” of the type certificate data sheet for Boeing Model 747 airplanes states that the Model 747-400SF (special freighter), optionally known as Model 747-400BCF, remains as Model 747-400 series airplanes for documentation purposes and with regard to the applicability of ADs. Therefore, we have revised the applicability language in the preamble of this final rule to specify “certain Boeing Model 747-400F and 747-400 series airplanes.” However, none of the airplanes added to the applicability statement of this AD are on the U.S. Register, therefore additional notice and opportunity for public comment before issuing this AD are unnecessary. We have also revised the applicability statement of this final rule to refer to Boeing Alert Service Bulletin 747-25A3526, dated November 13, 2007 (described below), for Model 747-400 series airplanes.

Since we issued the NPRM, Boeing has issued Alert Service Bulletin 747-25A3526 to address the identified unsafe condition on certain Model 747-400 series airplanes. This service bulletin includes procedures that are essentially the same as those described in Boeing Alert Service Bulletin 747-25A3370, Revision 1, dated April 27, 2006 (referred to in the NPRM as the appropriate source of service information for doing the proposed actions for Model 747-400F airplanes), except that it also includes moving the P402 panel. As we stated previously, we have added Boeing Alert Service Bulletin 747-25A3526 to this final rule.

We reviewed the relevant data, considered the comment received, and determined that air safety and the public interest require adopting the AD 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.

We have revised this final rule to update the number of airplanes (representing the 747-400 series airplanes) in the worldwide fleet. None of the airplanes added to the applicability statement of this AD are on the U.S. Register, so the figures in the estimated costs table remain unchanged.

There are about 130 airplanes of the affected design in the worldwide fleet. The following table provides the estimated costs for U.S. operators to comply with this AD.

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.

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.

Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:

1. The authority citation for part 39 continues to read as follows:

2. The FAA amends § 39.13 by adding the following new AD: