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28794 Federal Register / Vol. 70, No. 96 / Thursday, May 19, 2005 / Rules and Regulations
hours are necessary to perform the which reflect only the direct costs of the compliance time specified in the
modification alone, without taking into specific required actions based on the referenced service bulletin. We have not
account the time for access and close best data available from the changed the final rule in this regard.
up. The commenter adds that it is manufacturer. We recognize that
unlikely that this modification can be operators may incur incidental costs Conclusion
scheduled on an overnight maintenance (such as the time for planning and We have carefully reviewed the
check, and would most likely be associated administrative actions) in
available data, including the comments
accomplished during maintenance base addition to the direct costs. The cost
that have been submitted, and
visits. In light of the above, the analysis in ADs, however, typically does
commenter notes that the 24-month not include incidental costs. The 24- determined that air safety and the
compliance time allows little flexibility month compliance time in this AD public interest require adopting the AD
to negotiate unforeseen scheduling should allow ample time for the as proposed.
problems. The commenter states that majority of affected operators to do the Costs of Compliance
any deadline requirement that is less required actions at the same time as
than 24 months will require special scheduled major airplane inspection There are about 61 airplanes of the
maintenance visits beyond the current and maintenance activities, which affected design in the worldwide fleet.
schedule to accomplish the would reduce the additional time and The following table provides the
modification. costs associated with special estimated costs for U.S. operators to
We do not agree that it is necessary scheduling. We note that the 24-month comply with this AD.
to change the work hours in this AD, compliance time is consistent with the
ESTIMATED COSTS
Number of
Average Cost per U.S.-reg-
Action Work hours labor rate Parts Fleet cost
airplane istered air-
per hour planes
Authority for This Rulemaking (1) Is not a ‘‘significant regulatory 2005–10–20 Boeing: Amendment 39–14097.
action’’ under Executive Order 12866; Docket No. FAA–2004–19998;
Title 49 of the United States Code (2) Is not a ‘‘significant rule’’ under Directorate Identifier 2004–NM–224–AD.
specifies the FAA’s authority to issue DOT Regulatory Policies and Procedures Effective Date
rules on aviation safety. Subtitle I, (44 FR 11034, February 26, 1979); and
Section 106, describes the authority of (a) This AD becomes effective June 23,
(3) Will not have a significant 2005.
the FAA Administrator. Subtitle VII,
economic impact, positive or negative,
Aviation Programs, describes in more Affected ADs
on a substantial number of small entities
detail the scope of the Agency’s (b) None.
under the criteria of the Regulatory
authority.
Flexibility Act. Applicability
We are issuing this rulemaking under We prepared a regulatory evaluation
the authority described in Subtitle VII, (c) This AD applies to Boeing Model 777–
of the estimated costs to comply with 200 series airplanes, certificated in any
Part A, Subpart III, Section 44701, this AD. See the ADDRESSES section for category; as identified in Boeing Special
‘‘General requirements.’’ Under that a location to examine the regulatory Attention Service Bulletin 777–28–0036,
section, Congress charges the FAA with evaluation. dated September 2, 2004.
promoting safe flight of civil aircraft in
air commerce by prescribing regulations List of Subjects in 14 CFR Part 39 Unsafe Condition
for practices, methods, and procedures (d) This AD was prompted by reports that
Air transportation, Aircraft, Aviation the ‘‘FUEL LOW CENTER’’ message does not
the Administrator finds necessary for safety, Incorporation by reference,
safety in air commerce. This regulation activate when the fuel level in the center tank
Safety. is low. We are issuing this AD to prevent the
is within the scope of that authority
Adoption of the Amendment fuel pumps in the center fuel tank from
because it addresses an unsafe condition running dry and becoming a potential
that is likely to exist or develop on ignition source, which could result in a fuel
■ Accordingly, under the authority
products identified in this rulemaking tank explosion.
delegated to me by the Administrator,
action.
the FAA amends 14 CFR part 39 as Compliance
Regulatory Findings follows: (e) You are responsible for having the
actions required by this AD performed within
We have determined that this AD will PART 39—AIRWORTHINESS the compliance times specified, unless the
not have federalism implications under DIRECTIVES actions have already been done.
Executive Order 13132. This AD will
not have a substantial direct effect on ■ 1. The authority citation for part 39 Replacement
the States, on the relationship between continues to read as follows: (f) Within 24 months after the effective
the national government and the States, Authority: 49 U.S.C. 106(g), 40113, 44701. date of this AD, replace the pressure switches
or on the distribution of power and on the override/jettison fuel pumps with new
responsibilities among the various § 39.13 [Amended] pressure switches, and replace the ship side
electrical connectors for the pressure
levels of government. ■ 2. The FAA amends § 39.13 by adding switches on the override/jettison fuel pumps
For the reasons discussed above, I the following new airworthiness with new connectors, in accordance with the
certify that this AD: directive (AD): Accomplishment Instructions of Boeing
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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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