AD 2012-08-13

This AD is effective May 29, 2012.

The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of May 29, 2012.

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; email me.boecom@boeing.com; Internet https://www.myboeingfleet.com. You may review copies of the referenced 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.

Georgios Roussos, Aerospace Engineer, Systems and Equipment Branch, ANM-130S, Seattle Aircraft Certification Office (ACO), FAA, 1601 Lind Avenue SW., Renton, Washington 98057-3356; phone: (425) 917-6482; fax: (425) 917-6590; email: georgios.roussos@faa.gov.

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM published in the Federal Register on November 4, 2011 (76 FR 68366). That NPRM proposed to require replacing certain single-tabbed bonding brackets in the airplane empennage with two-tabbed bonding brackets. That NPRM also proposed to require, for certain airplanes, installing new bonding jumpers, and measuring the resistance of the modified installation to verify resistance is within specified limits.

We gave the public the opportunity to participate in developing this AD. The following presents the comments received on the proposal (76 FR 68366, November 4, 2011) and the FAA's response to each comment.

The Boeing Company and United Airlines both support the NPRM (76 FR 68366, November 4, 2011).

American Airlines (AA) requested that we revise the NPRM (76 FR 68366, November 4, 2011) to exclude the requirement that states “Put the airplane back to a serviceable condition,” which is found in paragraph 3.B.7. of Boeing Service Bulletin 777-55A0014, Revision 1, dated April 1, 2010. AA explained that this requirement does not affect the condition which the proposed AD seeks to address. AA reasoned that, as most operators will accomplish the modifications required by the service information as part of a maintenance visit, returning the airplane to a serviceable condition will not be possible in the context of that statement, but will rather occur at a point in time well after the work is complete.

We disagree to exclude the requirement that states “Put the airplane back to a serviceable condition” in this final rule. The intent of this requirement is to ensure that all work that is performed as directed by the service information is verified to have been completed, and to ensure that modifications have been tested and are fully operational, prior to return to service. We are currently in the process of reviewing issues surrounding which actions in a service bulletin are necessary to be required in an AD in order to address the identified unsafe condition. Once we have thoroughly examined all aspects of this issue and have made a final determination, we will consider whether our current practice needs to be revised. We have not changed this AD in this regard.

We have revised the heading for and the wording in paragraph (i) of this AD; this change has not changed the intent of that paragraph.

We reviewed the available data, including the comments received, and determined that air safety and the public interest require adopting the AD as proposed—except for minor editorial changes. We have determined that these minor changes:

• Are consistent with the intent that was proposed in the NPRM (76 FR 68366, November 4, 2011) for correcting the unsafe condition; and

• Do not add any additional burden upon the public than was already proposed in the NPRM (76 FR 68366, November 4, 2011).

We estimate that this AD affects 87 airplanes of U.S. registry.

We estimate the following costs 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),

(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.

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 airworthiness directive (AD):