AD 2013-01-02

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).

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 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 98057-3356. For information on the availability of this material at the FAA, call 425-227-1221.

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: francis.smith@faa.gov.

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.

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.

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.

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.

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.

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:

• Are consistent with the intent that was proposed in the NPRM (77 FR 46343, August 3, 2012) for correcting the unsafe condition; and

• Do not add any additional burden upon the public than was already proposed in the NPRM (77 FR 46343, August 3, 2012).

We estimate that this AD affects 225 airplanes of U.S. registry.

We estimate the following costs to comply with this AD:

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.

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.

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.

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