The FAA proposed to amend 14 CFR part 39 with an AD for certain Boeing Model 777-200 series airplanes. That action, published in the Federal Register on January 5, 2005 (70 FR 735), proposed to require replacing the pressure switches on the override/jettison fuel pumps with new pressure switches, and replacing the ship side electrical connectors for the pressure switches on override/jettison fuel pumps with new connectors. \n\nComments \n\n\tWe provided the public the opportunity to participate in the development of this AD. We have considered the comments that have been submitted on the proposed AD. One commenter concurs with the contents of the proposed AD. \n\nRequest To Clarify Applicability \n\n\tOne commenter states that there is a concern for possible misinterpretation of the applicability specified in the Summary and Applicability sections of the proposed AD. The commenter adds that the referenced service bulletin specifically identifies the affected airplanes, and it is only applicable to Boeing Model 777-200 series airplanes equipped with no center wing tank, and is not applicable to Boeing Model 777-200ER series airplanes. The commenter recommends clarification that Model 777-200ER series airplanes are not affected be added to the proposed AD. \n\n\tWe acknowledge the commenter's concern and offer clarification. The proposed AD is applicable to Boeing Model 777-200 series airplanes, certificated in any category; as identified in Boeing Special Attention Service Bulletin 777-28-0036, dated September 2, 2004. There are two center wing tank configurations certificated on the Model 777-200 series airplane; the referenced service bulletin identifies the airplanes that have the smaller tank configuration. The other Model 777-200 series airplanes, informally referred to by Boeing as Model 777-200ER airplanes, have a larger center wing tank and a different pump inlet configuration. Therefore, Model 777-200ER airplanes are not subject to the identified unsafe condition. We have not changed the final rule in this regard. \n\nRequest To Change the Costs of Compliance Section/Compliance Time \n\n\tOne commenter asks that the work hours shown in the estimated costs table in the proposed AD be reconsidered. The commenter estimates 5.5 work hours are necessary to perform the modification alone, without taking into account the time for access and close up. The commenter adds that it is unlikely that this modification can be scheduled on an overnight maintenance check, and would most likely be accomplished during maintenance base visits. In light of the above, the commenter notes that the 24-month compliance time allows little flexibility to negotiate unforeseen scheduling problems. The commenter states that any deadline requirement that is less than 24 months will require special maintenance visits beyond the current schedule to accomplish the modification. \n\n\tWe do not agree that it is necessary to change the work hours in this AD, which reflect only the direct costs of the specific required actions based on the best data available from the manufacturer. We recognize that operators may incur incidental costs (such as the time for planning and associated administrative actions) in addition to the direct costs. The cost analysis in ADs, however, typically does not include incidental costs. The 24-month compliance time in this AD should allow ample time for the majority of affected operators to do the required actions at the same time as scheduled major airplane inspection and maintenance activities, which would reduce the additional time and costs associated with special scheduling. We note that the 24-month compliance time is consistent with the compliance time specified in the referenced service bulletin. We have not changed the final rule in this regard. \n\nConclusion \n\n\tWe have carefully reviewed the available data, including the comments that have been submitted, and determined that air safety and the public interest require adopting the AD as proposed. \n\nCosts of Compliance \n\n\tThere are about 61 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. \n\n\tEstimated Costs\n\n\nAction \nWork hours \nAverage labor rate per hour \nParts \nCost per airplane \nNumber of U.S.-\nregistered airplanes \nFleet cost \nReplacement \n3 \n$65 \n$13,430 \n$13,625 \n21 \n$286,125 \n\n\nAuthority for This Rulemaking \n\n\tTitle 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. \n\n\tWe 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. \n\nRegulatory Findings \n\n\tWe 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. \n\n\tFor the reasons discussed above, I certify that this AD: \n\n\t(1) Is not a "significant regulatory action" under Executive Order 12866; \n\n\t(2) Is not a "significant rule" under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and \n\n\t(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. \n\n\tWe prepared a regulatory evaluation of the estimated costs to comply with this AD. See the ADDRESSES section for a location to examine the regulatory evaluation. \n\nList of Subjects in 14 CFR Part 39 \n\n\tAir transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. \n\nAdoption of the Amendment \n\nAccordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: \n\nPART 39--AIRWORTHINESS DIRECTIVES \n\n1. The authority citation for part 39 continues to read as follows: \n\n\tAuthority: 49 U.S.C. 106(g), 40113, 44701. \n\nSec. 39.13 (Amended) \n\n2. The FAA amends Sec. 39.13 by adding the following new airworthiness directive (AD):