Federal Register / Vol. 74, No. 208 / Thursday, October 29, 2009 / Rules and Regulations 55763 

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. E9–25660 Filed 10–28–09; 8:45 am] 

BILLING CODE 4910–13–P 

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. 

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 

me.boecom@boeing.com; 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 


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55764 Federal Register / Vol. 74, No. 208 / Thursday, October 29, 2009 / Rules and Regulations 

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 workhours 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 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 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. 


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Federal Register / Vol. 74, No. 208 / Thursday, October 29, 2009 / Rules and Regulations 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 me.boecom@boeing.com; 

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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0745; Directorate 

Identifier 2009–CE–036–AD; Amendment 

39–16053; AD 2009–22–02] 

RIN 2120–AA64 

Airworthiness Directives; American 

Champion Aircraft Corp. Models 7ECA, 

7GCAA, 7GCBC, 7KCAB, 8KCAB, and 

8GCBC Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for all 

American Champion Aircraft Corp. 

Models 7ECA, 7GCAA, 7GCBC, 7KCAB, 

8KCAB, and 8GCBC airplanes, 

manufactured prior to 1989 and 

equipped with folding rear seat backs. 

This AD requires inspection of the rear 

seat back hinge areas for cracking and 

excessive elongation of the rear seat 

hinge bolt hole and, if cracking or 

excessive elongation is found, 

replacement of the rear seat frame. We 

are issuing this AD to detect and correct 

cracking of the rear seat back hinge area 

and excessive elongation of the rear seat 

hinge bolt hole, either of which could 

result in failure of the seat back. This 

failure could lead to a rear-seated pilot 

or passenger inadvertently interfering 

with the control stick while attempting 

to not roll to the rear of the airplane 

upon seat back failure. Consequently, 

this failure could result in loss of 

control. 

DATES: This AD becomes effective on 

December 3, 2009. 

On December 3, 2009, the Director of 

the Federal Register approved the 

incorporation by reference of certain 

publications listed in this AD. 

ADDRESSES: For service information 

identified in this AD, contact American 

Champion Aircraft Corporation, P.O. 

Box 37, 32032 Washington Ave., 

Rochester, Wisconsin 53167; telephone: 

(262) 534–6315; fax: (262) 534–2395; 

Internet: http:// 

www.amerchampionaircraft.com/ 

Technical/Technical.html. 

To view the AD docket, go to U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590, or on the Internet at http:// 

www.regulations.gov. The docket 

number is FAA–2009–0745; Directorate 

Identifier 2009–CE–036–AD. 

FOR FURTHER INFORMATION CONTACT: 

Wess Rouse, Aerospace Engineer, 2300 

East Devon Avenue, Room 107, Des 

Plaines, Illinois 60018; telephone: (847) 

294–8113; fax: (847) 294–7834. 

SUPPLEMENTARY INFORMATION: 

Discussion 

On August 7, 2009, we issued a 

proposal to amend part 39 of the Federal 

Aviation Regulations (14 CFR part 39) to 

include an AD that would apply to all 

American Champion Aircraft Corp. 

Models 7ECA, 7GCAA, 7GCBC, 7KCAB, 

8KCAB, and 8GCBC airplanes, 

manufactured prior to 1989 and 

equipped with folding rear seat backs. 

This proposal was published in the 

Federal Register as a notice of proposed 

rulemaking (NPRM) on August 13, 2009 

(74 FR 40781). The NPRM proposed to 

require inspection of the rear seat back 

hinge areas for cracking and excessive 

elongation of the rear seat hinge bolt 

hole and, if cracking or excessive 

elongation is found, replacement of the 

rear seat frame. 

Comments 

We provided the public the 

opportunity to participate in developing 

this AD. We received no comments on 

the proposal or on the determination of 

the cost to the public. 

Conclusion 

We have carefully reviewed the 

available data and determined that air 

safety and the public interest require 

adopting the AD as proposed except for 

minor editorial corrections. We have 

determined that these minor 

corrections: 

• Are consistent with the intent that 

was proposed in the NPRM for 

correcting the unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the NPRM. 

Costs of Compliance 

We estimate that this AD affects 2,000 

airplanes in the U.S. registry. 


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