[Federal Register Volume 67, Number 205 (Wednesday, October 23, 2002)]
[Rules and Regulations]
[Pages 65030-65033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26207]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NE-58-AD; Amendment 39-12907; AD 2002-21-01]
RIN 2120-AA64


Airworthiness Directives; Britax Sell GmbH & Co. OHG Water 
Boilers, Coffee Makers, and Beverage Makers

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment supersedes an existing airworthiness directive 
(AD), that is applicable to Britax Sell GmbH & Co. OHG water boilers, 
coffee makers, and beverage makers. That AD currently requires 
inspecting the wiring for indications of overheating or electrical 
arcing, and if indications are found, replacing the wiring. This 
amendment requires replacing the wiring on those water boilers, coffee 
makers, and beverage makers whether or not they show indications of 
overheating or electrical arcing. This amendment is prompted by 
revisions to the manufacturer's service bulletin that were not 
incorporated in the proposed rule. The actions specified by this AD are 
intended to prevent a fire in the galley compartment due to inadequate 
crimping of the electrical terminal contact pins, which could result in 
smoke in the cockpit and cabin and loss of control of the airplane.

DATES: Effective November 27, 2002. The incorporation by reference of 
certain publications listed in the regulations is approved by the 
Director of the Federal Register as of November 27, 2002. The 
incorporation by reference of certain other publications, as listed in 
the regulations, was approved previously by the Director of the Federal 
Register as of June 15, 2002 (66 FR 29467; May 31, 2001).

ADDRESSES: The service information referenced in this AD may be 
obtained from Britax Sell GmbH & Co. OHG, MPL Mr. H.D. Poggensee, P.O. 
Box 1161, 35721 Herborn Germany, telephone international code 49-2772-
707-0; fax international code 49-2772-707-141. This information may be 
examined, by appointment, at the Federal Aviation Administration (FAA), 
New England Region, Office of the Regional Counsel, 12 New England 
Executive Park, Burlington, MA; or at the Office of the Federal 
Register, 800 North Capitol Street., NW, suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Terry Fahr, Aerospace Engineer, Boston 
Certification Office, FAA, Engine and Propeller Directorate, 12 New 
England Executive Park, Burlington, MA 01803-5299; telephone (781) 238-
7155; fax (781) 238-7170.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) by superseding AD 2001-10-13, 
Amendment 39-12239 (66 FR 29467, May 31, 2001), which is applicable to 
Britax Sell GmbH & Co. OHG water boilers, coffee makers, and beverage 
makers was published in the Federal Register on June 7, 2002 (67 FR 
39311). That action proposed to require replacing the wiring on those 
water boilers, coffee makers, and beverage makers whether or not they 
show indications of overheating or electrical arcing in accordance with 
Britax Sell GmbH & Co. OHG service bulletins (SB's) No. E33-4-010SB, 
Revision 1, dated August 1, 2001; No. E33-4-011SB, Revision 2, dated 
January 31, 2001; E33-4-012SB, Revision 1, dated November 20, 2000; and 
E33-4-015SB, Revision 1, dated November 15, 2000.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Requested Change to the Unsafe Condition Statement

    One commenter, the manufacturer, considers the unsafe condition 
statement ``which could result in smoke in the cockpit and cabin and 
loss of control of the airplane'' to be exaggerated and not applicable.

[[Page 65031]]

    The FAA does not agree. The commenter states that the unsafe 
condition can result in smoke in the cabin under certain circumstances. 
The FAA considers any smoke or possibility of fire in the cabin or 
cockpit to be a very serious condition. Therefore, no change will be 
made to the unsafe condition statement in the final rule.

Question About the Need To Issue This Final Rule

    The same commenter questions the need to issue the rule again. The 
commenter feels that, since approximately one and one-half years have 
passed since the final rule was issued, all units should be in 
compliance.
    The FAA partially agrees. The FAA agrees that, based on the 
compliance times specified in AD 2001-10-13, all units that were 
specified by serial number (SN) in AD 2001-10-13 should be in 
compliance. However, since that rule was issued, a service bulletin 
revision that was not incorporated by reference in the NPRM has been 
incorporated into the amendment and that revision expands the SN range 
of the water boilers in Table 1. Since the service bulletins are not 
mandatory to U.S. operators without an AD, the FAA must publish this 
rule to ensure that the unsafe condition has been eliminated from all 
affected U.S. registered airplanes.

Beverage Maker Corrections

    The same commenter states that in Table 1, (4) Beverage Maker, 
Appliance Part Number (ii) 64771-001-003, the SN's are incorrectly 
called out as follows: * * *, 00-04-0042 thru 00-04-0042, * * *.
    The FAA agrees. That SN series is corrected in this final rule to 
read * * *, 00-04-0040 thru 00-04-0042, * * *.

Economic Analysis Correction

    The same commenter states that the number of work hours to perform 
the replacement of the wires is 1 work hour, not 10 work hours as 
stated in the proposal.
    The FAA agrees. The FAA has adjusted the economic analysis in this 
final rule.

Water Boiler Serial Numbers Expanded

    Service bulletin (SB) No. E33-4-010SB, dated October 20, 2000, 
specified in the NPRM, is not the latest revision. SB No. E33-4-010SB, 
Revision 1, dated August 1, 2001, expands the SN range listed in Table 
1, (3). Table 1 (3) and reference to the revised SB have been changed.

Additional Changes to Table 1 of This AD

    Additionally, the FAA has corrected the coffee maker appliance part 
number in Table 1 that was listed incorrectly in SB E33-4-012SB, 
Revision 1, dated November 20, 2000, from 64753-201-003 to 64763-201-
003.
    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the changes described 
previously. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Economic Analysis

    The FAA estimates that 175 products installed on airplanes of U.S. 
registry would be affected by this AD. The FAA has been notified that 
the manufacturer may provide the wiring kit free of charge. The FAA 
estimates that it would take approximately 1.0 work hour per product to 
do the wire replacement, that there are five products per airplane, 
that the required parts will cost approximately $20 per product, and 
that the average labor rate is $60 per work hour. Based on these 
figures, the total cost of the AD to U.S. operators is estimated to be 
$14,000.

Regulatory Analysis

    This final rule does not have federalism implications, as defined 
in Executive Order 13132, because it would 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. Accordingly, 
the FAA has not consulted with state authorities prior to publication 
of this final rule.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under the 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. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
by contacting the Rules Docket at the location provided under the 
caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (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.


Sec.  39.13  [Amended]

    2. Section 39.13 is amended by removing Amendment 39-12239 (66 FR 
29467, May 31, 2001) and by adding a new airworthiness directive, 
Amendment 39-12907, to read as follows:

2002-21-01 Britax Sell GmbH & Co OHG: Amendment 39-12907. Docket No. 
2000-NE-58-AD. Supersedes AD 2001-10-13, Amendment 39-12239.

    Applicability: This airworthiness directive (AD) is applicable 
to Britax Sell GmbH & Co. OHG water boilers, coffee makers, and 
beverage makers, listed by part number (P/N) and serial number (SN) 
in Table 1 of this AD. These products are installed on, but not 
limited to, Airbus Industrie A319, A320, A330, AVRO RJ, Bombardier 
DHC-8-400, and Boeing Company 717, 737, 747, 757, 767, 777 
airplanes.

    Note 1: This AD applies to each product identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For products that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (b) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Compliance with this AD is required as indicated, 
unless already done.
    To prevent a fire in the galley compartment due to inadequate 
crimping of the electrical terminal contact pins, which could result 
in smoke in the cockpit and cabin and loss of control of the 
airplane, do the following:
    (a) Replace wiring on temperature limiters of remote water 
boilers, coffee makers, water boilers, and beverage makers that are 
listed by P/N in Table 1 of this AD during the next repair, 
maintenance, or descaling of the product, during the next airplane 
check that allows for replacing the wiring, or within one

[[Page 65032]]

calendar year after the effective date of this AD, whichever occurs 
earlier, in accordance with the applicable service bulletin (SB) 
specified for the appliance in Table 1 as follows:

                         Table 1.--Appliance P/N and Applicable SB for Wire Replacement
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                                                                            Tank assembly P/   Replace wiring in
            Appliance                Appliance P/N              SN                  N         accordance with SB
----------------------------------------------------------------------------------------------------------------
(1) Remote Water Boiler.........  62204-001-029,       00-04-0001 thru 00-     62203-001-005  E33-4-007SB.
                                   62204-001-031,       07-0033 and 00-07-      6603-001-007   Revision 2, dated
                                   62204-001-037,       0038.                                  December 4, 2000,
                                   62204-001-043,                                              Accomplishment
                                   62204-001-047, and                                          Instructions 3.A
                                   62204-001-049.                                              through 3.0.
---------------------------------
(2) Coffee Maker................  (i) 64755..........  00-05-0001 and 00-      64761-025-001  E33-4-009SB, dated
                                                        09-0003.                               October 24, 2000,
                                                                                               Accomplish
                                                                                               Instructions 3.A.
                                                                                               through 3.J.
                                  (ii) 64753-001-003.  00-01-0001 thru 00-     64761-025-001  E33-4-011SB,
                                                        09-0079, 00-09-                        Revision 2, dated
                                                        0101.                                  January 31, 2001,
                                                                                               Accomplish
                                                                                               Instructions 3.A.
                                                                                               through 3.J.
                                  (iii) 64763-201-003  00-05-0001, 00-05-      64761-025-001  E33-4-012SB,
                                                        0002, 00-07-0003,                      Revision 1, dated
                                                        and 00-07-0004.                        November 20,
                                                                                               2000, Accomplish
                                                                                               Instructions 3.A.
                                                                                               through 3.J.
                                  (iv) 64769-001-005   00-04-0001 thru 00-     64769-025-003  E33-4-013SB, dated
                                   and 64769-001-007.   09-0033.                               October 23, 2000,
                                                                                               Accomplish
                                                                                               Instructions 3.A.
                                                                                               through 3.Q.
                                  (v) 64790-1........  00-08-0001 thru 00-     64790-393-101  E33-4-015SB.
                                                        08-0003.                               Revision 1, dated
                                                                                               November 15,
                                                                                               2000. Accomplish
                                                                                               Instructions 3.A.
                                                                                               through 3.L.
---------------------------------
(3) Water Boiler................  62197-001-001......  00-04-0001 thru 00-     62197-015-001  E33-4-010SB.
                                                        09-0052 and 00-09-                     Revision 1, dated
                                                        0055.                                  August 1, 2001.
                                                                                               Accomplish
                                                                                               Instructions 3.A.
                                                                                               through 3.S
---------------------------------
(4) Beverage Maker..............  (i) 64771-001-001..  00-04-0013 thru 00-     64771-025-005  E33-4-014SB.
                                                        04-0039, 00-04-                        Revision 1, dated
                                                        0043 thru 00-08-                       November 6, 2000,
                                                        0302, 00-08-0307                       Accomplishment
                                                        thru 00-08-0346,                       Instructions 3.A.
                                                        and 00-09-0368                         through 3.J.
                                                        thru 00-09-0371.
                                  (ii) 64771-001-003.  00-02-0001 thru 00-     64771-025-001  E33-4-016SB.
                                                        03-0005, 00-04-                        Revision 1, dated
                                                        0007 thru 00-04-                       November 6, 2000.
                                                        0012, 00-04-0040                       Accomplishment
                                                        thru 00-04-0042,                       Instructions 3.A.
                                                        00-04-0053 thru 00-                    through 3.J.
                                                        04-0057, 00-05-
                                                        0087 thru 00-05-
                                                        0094, 00-07-0135
                                                        thru 00-07-0138,
                                                        00-08-0303 thru 00-
                                                        08-306, 00-08-0347
                                                        thru 00-08-0354,
                                                        and 00-09-0365
                                                        thru 00-09-0367.
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Alternative Methods of Compliance

    (b) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Boston Aircraft Certification 
Office (ACO). Operators must submit their request through an 
appropriate FAA Principal Maintenance Inspector, who may add 
comments and then send it to the Manager, Boston ACO.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this airworthiness directive, 
if any, may be obtained from the Boston ACO.

Special Flight Permits

    (c) Special flight permits may be issued in accordance with 
Sec. Sec.  21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the aircraft to a location where 
the requirements of this AD can be done.

Documents That Have Been Incorporated By Reference

    (d) The actions must be done in accordance with the following 
Britax Sell GmbH & Co. OHG service bulletins (SB's):

----------------------------------------------------------------------------------------------------------------
           Document No.                    Pages               Revision                       Date
----------------------------------------------------------------------------------------------------------------
E33-4-007SB......................  All.................  2...................  December 4, 2000.
Total pages: 7...................

[[Page 65033]]

 
E33-4-009SB......................  All.................  Original............  October 24, 2000.
Total pages: 5...................
E33-4-010SB......................  All.................  1...................  August 1, 2001.
Total Pages: 5...................
E33-4-011SB......................  All.................  2...................  January 31, 2001.
Total pages: 5...................
E33-4-012SB......................  All.................  1...................  November 20, 2000.
Total pages: 5...................
E33-4-013SB......................  All.................  Original............  October 23, 2000.
Total pages: 5...................
E33-4-014SB......................  All.................  1...................  November 6, 2000.
Total pages: 5...................
E33-4-015SB......................  All.................  1...................  November 15, 2000.
Total pages: 5...................
E33-4-016SB......................  All.................  1...................  November 6, 2000.
Total pages: 5...................
----------------------------------------------------------------------------------------------------------------

The incorporation by reference of SB's E33-4-007SB, Revision 2, 
dated December 4, 2000; E33-4-009SB, dated October 24, 2000; E33-4-
013SB, dated October 23, 2000; E33-4-014SB, Revision 1, dated 
November 6, 2000; and E33-4-016SB, Revision 1, dated November 6, 
2000 was approved by the Director of the Federal Register on June 
15, 2001 (66 FR 29467; May 31, 2001). The incorporation by reference 
of E33-4-010SB, Revision 1, dated August 1, 2001; E33-4-011SB, 
Revision 2, January 31, 2001; E33-4-012SB, Revision 1, dated 
November 20, 2000; and E33-4-015SB, Revision 1, dated November 15, 
2000 was approved by the Director of the Federal Register on 
November 27, 2002, in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. Copies may be obtained from Britax Sell GmbH & Co. OHG, MPL Mr. 
H.D. Poggensee, P.O. Box 1161, 35721 Herborn Germany, telephone 
international code 49-2772-707-0; fax international code 49-2772-
707-141. Copies may be inspected at the FAA, New England Region, 
Office of the Regional Counsel, 12 New England Executive Park, 
Burlington, MA; or at the Office of the Federal Register, 800 North 
Capitol Street, NW., suite 700, Washington, DC.

    Note 3: The subject of this AD is addressed in LBA airworthiness 
directive 2000-379, dated November 13, 2000.

Effective Date

    (e) This amendment becomes effective on November 27, 2002.

    Issued in Burlington, Massachusetts, on October 7, 2002.
Jay J. Pardee,
Manager, Engine and Propeller Directorate, Aircraft Certification 
Service.
[FR Doc. 02-26207 Filed 10-22-02; 8:45 am]
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