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Federal Register / Vol. 70, No.

96 / Thursday, May 19, 2005 / Rules and Regulations 28795

Special Attention Service Bulletin 777–28– assemblies, as applicable. This AD is considered the comments that have
0036, dated September 2, 2004. prompted by reports of injuries to been submitted on the proposed AD.
Alternative Methods of Compliance catering personnel and flight attendants
Request To Clarify Prompt Language
(AMOCs) who were loading or unloading galley
and Statement of Unsafe Condition
(g) The Manager, Seattle Aircraft carts on one deck when, due to a
Certification Office, FAA, has the authority to disabled or malfunctioning safety One commenter, the manufacturer,
approve AMOCs for this AD, if requested in interlock door switch, the galley cart lift requests that we clarify the statements
accordance with the procedures found in 14 unexpectedly moved when it was in the Summary and paragraph (d) of
CFR 39.19. activated from the control panel on the the proposed AD of what prompted the
other deck. We are issuing this AD to proposed AD and clarifying the unsafe
Material Incorporated by Reference
ensure that the galley cart lift can be condition. The commenter suggests we
(h) You must use Boeing Special Attention can do this by explaining the role of a
Service Bulletin 777–28–0036, dated
sent only from the deck on which it is
in use, which will prevent unexpected disabled or malfunctioning safety
September 2, 2004, to perform the actions
that are required by this AD, unless the AD movement of the cart lift that could interlock door switch of the galley cart
specifies otherwise. The Director of the result in possible injury to catering lift. The commenter states that the
Federal Register approves the incorporation personnel or flight attendants. existing statements do not clearly
by reference of this document in accordance DATES: This AD becomes effective June describe the string of events relevant to
with 5 U.S.C. 552(a) and 1 CFR part 51. To 23, 2005. the unexpected movement of the galley
get copies of the service information, contact The incorporation by reference of cart lift.
Boeing Commercial Airplanes, P.O. Box We partially agree. The statement of
certain publications listed in the AD is
3707, Seattle, Washington 98124–2207. To what prompted the proposed AD would
view the AD docket, go to the Docket approved by the Director of the Federal
Register as of June 23, 2005. be clearer if we included the role of a
Management Facility, U.S. Department of
disabled or malfunctioning safety
Transportation, 400 Seventh Street SW., ADDRESSES: For service information
room PL–401, Nassif Building, Washington, interlock door switch of the galley cart
identified in this AD, contact Boeing
DC. To review copies of the service lift. We have changed the Summary and
Commercial Airplanes, P.O. Box 3707,
information, go to the National Archives and paragraph (d) of the final rule to include
Seattle, Washington 98124 2207.
Records Administration (NARA). Docket: The AD docket contains the this role.
For information on the availability of this However, we do not agree that the
proposed AD, comments, and any final
material at the NARA, call (202) 741–6030, statement of the unsafe condition
or go to http://www.archives.gov/ disposition. You can examine the AD
should include the role of a disabled or
federal_register/code_of_federal_regulations/ docket on the Internet at http://
malfunctioning safety interlock door
ibr_locations.html. dms.dot.gov, or in person at the Docket
switch. The purpose of this AD is to
Management Facility office between 9
Issued in Renton, Washington, on May 9, prevent the galley cart lift from being
2005. a.m. and 5 p.m., Monday through
activated from the other deck control
Friday, except Federal holidays. The
Jeffrey E. Duven, panel, regardless of whether the safety
Docket Management Facility office
Acting Manager, Transport Airplane interlock switch is functional or not. We
(telephone (800) 647–5227) is located on
Directorate, Aircraft Certification Service. have not changed the final rule in this
the plaza level of the Nassif Building at
[FR Doc. 05–9873 Filed 5–18–05; 8:45 am] regard.
the U.S. Department of Transportation,
BILLING CODE 4910–13–P
400 Seventh Street SW., room PL–401, Request To Clarify Discussion and
Washington, DC. This docket number is Relevant Service Information
FAA–2004–19532; the directorate The same commenter requests that the
DEPARTMENT OF TRANSPORTATION
identifier for this docket is 2004–NM– Discussion and Relevant Service
Federal Aviation Administration 87–AD. Information sections of the proposed AD
FOR FURTHER INFORMATION CONTACT: be revised to include the role of a
14 CFR Part 39 Donald Wren, Aerospace Engineer, disabled or malfunctioning safety
Cabin Safety and Environmental interlock door switch. The commenter
[Docket No. FAA–2004–19532; Directorate Systems Branch, ANM–150S, FAA,
Identifier 2004–NM–87–AD; Amendment 39– states the same reason as before.
14096; AD 2005–10–19]
Seattle Aircraft Certification Office, We do not agree. The existing sections
1601 Lind Avenue, SW., Renton, are intended to describe the unsafe
RIN 2120–AA64 Washington 98055–4056; telephone condition and are adequate as written.
(425) 917–6451; fax (425) 917–6590. Further, the Discussion and Relevant
Airworthiness Directives; Boeing
SUPPLEMENTARY INFORMATION: The FAA Service Information sections are not
Model 747–100, 747–100B, 747–200B,
proposed to amend 14 CFR Part 39 with carried forward into the final rule. No
747–300, 747–400, 747–400D, 747SR,
an AD for certain Boeing Model 747– change is needed in this regard.
and 747SP Series Airplanes
100, 747–100B, 747–200B, 747–300,
Request To Specify Increased Personnel
AGENCY: Federal Aviation 747–400, 747–400D, 747SR, and 747SP
Training and Oversight
Administration (FAA), Department of series airplanes. That action, published
Transportation (DOT). in the Federal Register on November 5, The same commenter requests that the
ACTION: Final rule. 2004 (69 FR 64537), proposed to require Relevant Service Information section be
replacing or modifying the control revised by adding Boeing Alert Service
SUMMARY: The FAA is adopting a new panels for the galley cart lift and Bulletin 747–25A3116, which specifies
airworthiness directive (AD) for certain modifying related electrical cable installation of additional cautionary
Boeing Model 747–100, 747–100B, 747– assemblies, as applicable. placarding to the galley lift doors.
200B, 747–300, 747–400, 747–400D, Further, the commenter states that
747SR, and 747SP series airplanes. This Comments increased levels of operational training
AD requires replacing or modifying the We provided the public the and oversight would best minimize
control panels for the galley cart lift and opportunity to participate in the injury of personnel who operate the
modifying related electrical cable development of this AD. We have galley cart lift. The commenter states

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28796 Federal Register / Vol. 70, No. 96 / Thursday, May 19, 2005 / Rules and Regulations

these actions will have the greatest We are issuing this rulemaking under Effective Date
effect in reducing potential injuries. the authority described in Subtitle VII, (a) This AD becomes effective June 23,
We do not agree. The commenter’s Part A, Subpart III, Section 44701, 2005.
proposed revision introduces the ‘‘General requirements.’’ Under that
Affected ADs
replacement and/or relocation of section, Congress charges the FAA with
warning placards as well as additional promoting safe flight of civil aircraft in (b) None.
recommended actions involving crew air commerce by prescribing regulations Applicability
training and oversight that are not for practices, methods, and procedures (c) This AD applies to certain Boeing
required by this AD. Additional crew the Administrator finds necessary for Model 747–100, 747–100B, 747–200B, 747–
training and oversight and additional safety in air commerce. This regulation 300, 747SR, and 747SP series airplanes, as
placards may be helpful but we have is within the scope of that authority identified in Boeing Alert Service Bulletin
determined, in this case, that the actions because it addresses an unsafe condition 747–25A3287, Revision 2, dated September
mandated by this AD are sufficient to that is likely to exist or develop on 4, 2003; and Model 747–400 and 747–400D
address the unsafe condition. Further, products identified in this rulemaking series airplanes, as identified in Boeing
as already stated, the Relevant Service action. Service Bulletin 747–25A3187, Revision 2,
Information section is not carried dated January 27, 2000; certificated in any
Regulatory Findings category.
forward into the final rule. No change is
needed in this regard. We have determined that this AD will Unsafe Condition
not have federalism implications under
Conclusion (d) This AD was prompted by reports of
Executive Order 13132. This AD will
injuries to catering personnel and flight
We have carefully reviewed the not have a substantial direct effect on attendants who were loading or unloading
available data, including the comments the States, on the relationship between galley carts on one deck when, due to a
that have been submitted, and the national government and the States, disabled or malfunctioning safety interlock
determined that air safety and the or on the distribution of power and door switch, the galley cart lift unexpectedly
public interest require adopting the AD responsibilities among the various moved when it was activated from the
with the changes described previously. levels of government. control panel on the other deck. We are
We have determined that these changes For the reasons discussed above, I issuing this AD to ensure that the galley cart
will neither increase the economic certify that this AD: lift can be sent only from the deck on which
burden on any operator nor increase the (1) Is not a ‘‘significant regulatory it is in use, which will prevent unexpected
action’’ under Executive Order 12866; movement of the cart lift that could result in
scope of the AD.
(2) Is not a ‘‘significant rule’’ under possible injury to catering personnel or flight
Costs of Compliance DOT Regulatory Policies and Procedures attendants.
There are about 600 airplanes of the (44 FR 11034, February 26, 1979); and Compliance
affected design worldwide. This AD will (3) Will not have a significant
(e) You are responsible for having the
affect about 66 airplanes of U.S. registry. economic impact, positive or negative, actions required by this AD performed within
on a substantial number of small entities the compliance times specified, unless the
About 22 Model 747–100, 747–100B,
under the criteria of the Regulatory actions have already been done.
747–200B, 747–300, 747SR, and 747SP
Flexibility Act.
series airplanes of U.S. registry will be Replacement/Modification of Control Panel
We prepared a regulatory evaluation
affected by the required actions. It will
of the estimated costs to comply with (f) Within 18 months after the effective
take about 7 work hours per airplane to
this AD. See the ADDRESSES section for date of this AD, accomplish the actions
do the required actions, at an average required by paragraph (f)(1) or (f)(2) of this
a location to examine the regulatory
labor rate of $65 per work hour. AD, as applicable.
evaluation.
Required parts will cost about $143 per (1) For Model 747–400 and 747–400D
airplane. Based on these figures, the List of Subjects in 14 CFR Part 39 series airplanes: Replace the main and upper
estimated cost of the AD for these U.S. Air transportation, Aircraft, Aviation deck control panels for the galley cart lift
operators is $13,156, or $598 per safety, Incorporation by reference, with new or modified control panels by
airplane. Safety. doing all the actions specified in Boeing
About 44 Model 747–400 and 747– Service Bulletin 747–25A3187, Revision 2,
400D series airplanes of U.S. registry Adoption of the Amendment dated January 27, 2000.
will be affected by the required actions. (2) For Model 747–100, 747–100B, 747–
■ Accordingly, under the authority 200B, 747–300, 747SR, and 747SP series
It will take about 2 work hours per delegated to me by the Administrator, airplanes: Modify the main and upper deck
airplane to do the required actions, at an the FAA amends 14 CFR part 39 as control panels and related cable assemblies
average labor rate of $65 per work hour. follows: for the galley cart lift by doing all the actions
Required parts will cost about $4,934 specified in Boeing Alert Service Bulletin
per airplane. Based on these figures, the PART 39—AIRWORTHINESS 747–25A3287, Revision 2, dated September
estimated cost of the AD for these U.S. DIRECTIVES 4, 2003.
operators is $222,816, or $5,064 per
airplane. ■ 1. The authority citation for part 39 Actions Accomplished Per Previous Issue of
continues to read as follows: Service Bulletin
Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. (g) Actions accomplished before the
Title 49 of the United States Code effective date of this AD in accordance with
§ 39.13 [Amended] Boeing Alert Service Bulletin 747–25A3287,
specifies the FAA’s authority to issue
dated October 25, 2001, or Revision 1, dated
rules on aviation safety. Subtitle I, ■ 2. The FAA amends § 39.13 by adding
April 25, 2002; or in accordance with Boeing
Section 106, describes the authority of the following new airworthiness Service Bulletin 747–25A3187, dated April
the FAA Administrator. Subtitle VII, directive (AD): 29, 1999, or Revision 1, dated September 23,
Aviation Programs, describes in more 2005–10–19 Boeing: Amendment 39–14096. 1999; are considered acceptable for
detail the scope of the Agency’s Docket No. FAA–2004–19532; compliance with the corresponding actions
authority. Directorate Identifier 2004–NM–87–AD. specified in paragraph (f) of this AD.

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Federal Register / Vol. 70, No. 96 / Thursday, May 19, 2005 / Rules and Regulations 28797

Alternative Methods of Compliance holes for cracks, repairing the hole if needed to do the modification are
(AMOCs) necessary, and replacing the fasteners comparable to the work hours needed to
(h) The Manager, Seattle Aircraft with new inconel bolts. This action is do the inspection.
Certification Office, FAA, has the authority to necessary to prevent fatigue cracks in
approve AMOCs for this AD, if requested in Request To Revise Compliance Times
the lower t-chord at the bolt holes
accordance with the procedures found in 14 Based on ‘‘Sliding Scale’’ Equation
common to the paddle fittings that
CFR 39.19. could result in fractures of one or more One commenter, the manufacturer,
Material Incorporated by Reference of the t-chord segments, which could requests that the compliance times
lead to detachment of the lower wing specified in paragraph (a) of the
(i) You must use Boeing Service Bulletin
747–25A3187, Revision 2, dated January 27, panel and consequent loss of the wing. proposed AD be revised to be based on
2000; or Boeing Alert Service Bulletin 747– This action is intended to address the a ‘‘sliding scale’’ equation. The
25A3287, Revision 2, dated September 4, identified unsafe condition. commenter states that the ‘‘sliding
2003; as applicable; to perform the actions DATES: Effective June 23, 2005. scale’’ equation determines compliance
that are required by this AD, unless the AD The incorporation by reference of a times based on an evaluation of the total
specifies otherwise. The Director of the certain publication listed in the flight cycles associated with the total
Federal Register approves the incorporation flight hours. The commenter notes that
regulations is approved by the Director
by reference of these documents in the compliance times specified in
accordance with 5 U.S.C. 552(a) and 1 CFR
of the Federal Register as of June 23,
2005. paragraph (a) of the proposed AD were
part 51. To get copies of the service
found to be adversely affecting operators
information, go to Boeing Commercial ADDRESSES: The service information
Airplanes, P.O. Box 3707, Seattle, who use airplanes on long missions.
referenced in this AD may be obtained The commenter states that some
Washington 98124–2207. To view the AD from Boeing Commercial Airplanes,
docket, go to the Docket Management airplanes are reaching the 60,000 total
P.O. Box 3707, Seattle, Washington flight-hour threshold before reaching
Facility, U.S. Department of Transportation,
400 Seventh Street SW., room PL–401, Nassif
98124–2207. This information may be 8,000 total flight cycles. The commenter
Building, Washington, DC. To review copies examined at the Federal Aviation further contends that the cracks
of the service information, go to the National Administration (FAA), Transport addressed in the proposed AD are
Archives and Records Administration Airplane Directorate, Rules Docket, largely a function of flight cycles, not
(NARA). For information on the availability 1601 Lind Avenue, SW., Renton, flight hours, and that, for these
of this material at the NARA, call (202) 741– Washington. airplanes, the proposed AD would
6030, or go to http://www.archives.gov/
FOR FURTHER INFORMATION CONTACT: Gary mandate the modification before it is
federal_register/code_of_federal_regulations/
ibr_locations.html. Oltman, Aerospace Engineer, Airframe necessary.
Branch, ANM–120S, FAA, Seattle We agree with the commenter to
Issued in Renton, Washington, on May 9, Aircraft Certification Office, 1601 Lind revise the compliance times specified in
2005.
Avenue, SW., Renton, Washington paragraph (a) of the final rule. However,
Jeffrey E. Duven, 98055–4056; telephone (425) 917–6443; we do not agree with the compliance
Acting Manager, Transport Airplane fax (425) 917–6590. time based on a ‘‘sliding scale’’ equation
Directorate, Aircraft Certification Service. proposed by the commenter. That
SUPPLEMENTARY INFORMATION: A
[FR Doc. 05–9874 Filed 5–18–05; 8:45 am] proposal to amend part 39 of the Federal proposed compliance time would
BILLING CODE 4910–13–P Aviation Regulations (14 CFR part 39) to expand the compliance envelope for
include an airworthiness directive (AD) airplanes utilized on long missions but
that is applicable to certain Boeing would reduce the compliance time for
DEPARTMENT OF TRANSPORTATION airplanes near the 20,000 flight-cycle
Model 777–200 and –300 series
airplanes was published in the Federal and 60,000 flight-hour compliance
Federal Aviation Administration envelope.
Register on June 16, 2004 (69 FR 33595).
That action proposed to require We held an ex-parte meeting with the
14 CFR Part 39 commenter to discuss its proposed
modification of the bolt holes of the
[Docket No. 2003–NM–214–AD; Amendment lower side of the body splice t-chord compliance time. The commenter
39–14094; AD 2005–10–17] common to the paddle fitting of the presented data in support of a new
lower wing panel. The modification ‘‘sliding scale’’ equation for the
RIN 2120–AA64
includes performing a high frequency compliance time that differed from the
Airworthiness Directives; Boeing eddy current inspection of the fastener equation proposed in the manufacturer’s
Model 777–200 and –300 Series hole for cracks, repairing the hole if comment. The new proposed
Airplanes necessary, and replacing the fasteners compliance time simply expanded the
with new inconel bolts. compliance time specified in the
AGENCY: Federal Aviation proposed AD. The new data were
Administration (FAA), Department of Comments accepted and subsequently incorporated
Transportation (DOT). Interested persons have been afforded into Boeing Service Bulletin 777–
ACTION: Final rule. an opportunity to participate in the 57A0040, Revision 2, dated February 24,
making of this amendment. Due 2005. Boeing Service Bulletin 777–
SUMMARY: This amendment adopts a consideration has been given to the 57A0040, Revision 1, dated July 10,
new airworthiness directive (AD), comments received. 2003, was referenced as the appropriate
applicable to certain Boeing Model 777– source of service information for
200 and –300 series airplanes, that Agreement With Proposed Modification accomplishing the proposed actions.
requires modification of the bolt holes Two commenters generally agree with Revision 2 of the service bulletin
of the lower side of the body splice t- the proposal to mandate the contains the same actions for doing the
chord common to the paddle fittings of modification specified in the proposed modification as Revision 1 of the service
the lower wing panel. The modification AD instead of allowing an option to bulletin.
includes performing a high frequency accomplish repetitive inspections. One We have revised paragraph (a) of the
eddy current inspection of the fastener commenter notes that the work hours final rule to reference Revision 2 of the

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