[Federal Register Volume 71, Number 109 (Wednesday, June 7, 2006)]
[Rules and Regulations]
[Pages 32811-32815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-5120]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22628; Directorate Identifier 2005-NM-056-AD; 
Amendment 39-14631; AD 2006-12-06]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 737-300, -400, -500, -700, 
and -800 Series Airplanes; Model 747-400 and -400F Series Airplanes; 
Model 757-200 Series Airplanes; Model 767-300 Series Airplanes; and 
Model 777-300 Series Airplanes Equipped With Certain Driessen or Showa 
Galleys or Driessen Closets

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Boeing transport category airplanes. This AD requires 
inspecting to determine if certain galleys and closets are installed, 
and replacing the spiral wire wrapping of the electrical cables of the 
galleys and closets with new spiral wire wrapping if necessary. This AD 
results from testing and reports from the manufacturer indicating 
unacceptable flammability properties of wire wrapping installed in 
certain galleys and closets. We are issuing this AD to prevent fire 
propagation or smoke in the cabin area due to electrical arcing or 
sparking and ignition of the spiral wire wrapping.

DATES: This AD becomes effective July 12, 2006.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of July 12, 2006.

ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov or in person at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street, SW., Nassif Building, 
Room PL-401, Washington, DC.
    Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, 
Washington 98124-2207, for service information identified in this AD.

FOR FURTHER INFORMATION CONTACT: Robert Kaufman, Aerospace Engineer, 
Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle 
Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056; telephone (425) 917-6433; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

Examining the Docket

    You may examine the airworthiness directive (AD) docket on the 
Internet at http://dms.dot.gov or in person at the Docket Management 
Facility office between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The Docket Management Facility office 
(telephone (800) 647-5227) is located on the plaza level of the Nassif 
Building at the street address stated in the ADDRESSES section.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that would

[[Page 32812]]

apply to certain Boeing transport category airplanes. That NPRM was 
published in the Federal Register on October 7, 2005 (70 FR 58628). 
That NPRM proposed to require inspecting to determine if certain 
galleys and closets are installed, and replacing the spiral wire 
wrapping of the electrical cables of the galleys and closets with new 
spiral wire wrapping if necessary.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments received.

Support for the NPRM

    Four commenters, Northwest Airlines, Boeing, AirTran, and the Air 
Transport Association agree with the intent and contents of the NPRM.

Requests To Clarify the Applicability

    Several commenters state that there are various problems 
interpreting the applicability of the NPRM. One commenter, Air Nippon, 
states that the effectivity in Boeing Special Attention Service 
Bulletin 737-25-1438, Revision 1, dated November 11, 2004, includes 
certain airplanes that are equipped with Showa galleys. However, the 
commenter further states that the galleys installed for these airplanes 
are not those referenced in Showa Aircraft Industry Service Bulletin 
25-30-111, dated December 11, 2000, specifically part numbers 60216-1, 
60217-1, and 60218-1. The commenter further points out that it has 
airplanes that have Showa galleys installed, but that those airplanes 
are not referenced in the Boeing service bulletin. The commenter states 
that it cannot proceed with the proposed actions because there is no 
Showa service bulletin issued for the Air Nippon airplanes. Air Nippon 
requests that we coordinate between both service bulletins to verify 
that there is consistency between the affected airplanes and the 
galleys installed on those airplanes. Air Nippon further states that a 
well-coordinated position is needed in order for it to comply with the 
AD.
    Another commenter, Delta Airlines, states that it understands it 
must take action on all of its Boeing Model 767-300 airplanes (not just 
those listed in the Model 767's service bulletin). However, Delta 
states that with respect to the other service bulletins referenced in 
the NPRM (e.g., regarding Models 737-300, 737-800, and 757 airplanes), 
there are no Delta airplanes listed. The commenter states that it could 
be interpreted to mean that we do not need to review those other fleet 
types.
    Yet another commenter, Alaska Airlines, points out that, although 
Driessen Aircraft Interior Systems Service Bulletin 25-442, Revision E, 
dated April 29, 2004, specifies the effectivity as ``All galleys 
manufactured before May 2000,'' the NPRM does not mention any 
difference between galleys manufactured before or after May 2000. The 
commenter states that it is not clear whether the AD applies to ``any'' 
galley having the part number specified in the Driessen service 
bulletin, or only to galleys manufactured before May 2000 that have the 
part number specified.
    We do not agree that revision of the applicability of this AD is 
necessary. This AD does not specify the applicability of airplanes as 
identified in the effectivity section of any service bulletin specified 
in the NPRM. Since the AD identifies the airplane models it applies to 
in paragraph (c)(1) through (c)(5) inclusive of this AD, it means all 
of those airplanes that are equipped with certain Driessen Aircraft 
Interior Systems or Showa Aircraft Industry galleys. Identifying the 
applicability in this way precludes the necessity of revising the 
Boeing or vendor service bulletins (Showa or Driessen) to ensure that 
all airplanes are inspected. The actions required by this AD are not 
limited to the airplanes specified in certain Boeing service bulletins 
or to certain galleys manufactured before May 2000. After a specific 
line number within the Boeing production system, unacceptable spiral 
wire wrapping was removed and replaced with acceptable spiral wire 
wrapping. However, galleys can be removed and replaced with galleys 
other than the galleys installed at delivery of the airplane. 
Consequently, it is not possible to correlate the corrective action to 
specific airplane line numbers. Additionally, paragraph (g) of the AD 
clearly states that, if no galley is installed having any P/N 
identified in the service information specified in paragraph (f) of the 
AD, no further action is required.

Requests To Revise the ``Costs of Compliance'' Section of the NPRM

    Two commenters, AirTran Airways and Northwest Airlines, note that 
certain costs specified in the Boeing service bulletins are not 
included in the NPRM. AirTran Airways specifies that labor costs for 
removal and replacement of the galley should be considered in the 
estimated cost of compliance. Northwest Airlines notes that one service 
bulletin's estimated work hours is 116 labor hours more than the NPRM's 
estimated work hours. Additionally, Northwest Airlines states that the 
estimate of two hours per galley seems to be low, and suggests that a 
better estimate to accomplish the work would be four hours per galley.
    We do not agree that the ``Costs of Compliance'' section should be 
revised. The cost impact figures discussed in AD rulemaking actions 
represent only the time necessary to perform the specific actions 
actually required by the AD. We recognize that, in doing the actions 
required by an AD, operators may incur incidental costs in addition to 
the direct costs. The cost analysis in AD rulemaking actions, however, 
typically does not include incidental costs such as the time required 
to gain access and close up, time necessary for planning, or time 
necessitated by other administrative actions. Those incidental costs, 
which may vary significantly among operators, are almost impossible to 
calculate. Also, Northwest Airlines did not provide any justification 
as to why we should revise the number of hours estimated to remove and 
replace the spiral wrap from two to four. Therefore, we have determined 
that the estimate of two work hours based on the service bulletin is 
adequate. No change is necessary to the AD in this regard.

Request To Establish a Threshold for the Amount of Spiral Wrap 
Installed

    One commenter, American Airlines, states that its fleet has less 
than 30 square inches of spiral wrap per airplane. Because of the small 
amount of material on these airplanes, American Airlines suggests that 
a maximum amount of material installed, such as 144 square inches, be 
set as the threshold for any required action. The commenter requests 
that no action be required for any airplanes with less spiral wrap 
installed than the threshold.
    We do not agree with the commenter. The commenter provides no 
technical justification to support its suggestion that less than 144 
square inches of material mitigates the unsafe condition. The amount of 
material the commenter suggests as an acceptable limit could 
potentially measure 16 linear feet, and that amount of material still 
has the ability to propagate a fire within the hidden area of the 
airplane. Therefore, we have determined that it is unnecessary to 
revise the AD in this regard. Under the provisions of paragraph (j)(1) 
of the final rule, we may approve requests for an alternative method of 
compliance if data are submitted to substantiate that such an 
adjustment would provide an acceptable level of safety.

Request To Reference New Service Bulletin

    One commenter, Northwest Airlines, states that the effectivity for 
certain

[[Page 32813]]

airplanes specified in the Driessen Aircraft Interior Systems service 
bulletin is in error. The commenter also explains that the company is 
aware of the error in the service bulletin and is in the process of 
correcting the associated descriptions for each galley part number. The 
commenter requests that we reference the new corrected service bulletin 
in the AD.
    We do not agree with the commenter. During discussions with 
Driessen Aircraft Interior Systems, we were advised that there are no 
plans for updating the descriptions for these galleys. However, we do 
not consider that revision of the Driessen service bulletin is 
necessary in this case in order for operators to comply with the AD. 
Since the part numbers defined with the service bulletin are correct, 
it is only the description of the galley that could be expanded. In 
consideration of the flammability of the existing spiral wrap, we have 
determined that it would be inappropriate to delay issuance of this AD 
until a new service bulletin has been developed and approved. However, 
once the service bulletin is approved and available, the commenter may 
request approval of an AMOC in accordance with paragraph (j)(1) of this 
AD. No change to the AD is necessary in this regard.

Request To Specify Affected Part Numbers in the NPRM

    One commenter, AirTran Airways, requests that we specify the 
affected part numbers in the NPRM. Although AirTran states that the 
NPRM does not affect any of its airplanes, it suggests that specifying 
part numbers could benefit operators.
    In this case, we do not agree to specify the part numbers in the 
AD, since the affected part numbers are clearly specified in the 
referenced service information. Not only would it appear to be 
redundant to repeat the part numbers in the AD, but when there are 
large numbers of parts involved, it could increase the risk of error in 
repeating those part numbers in the AD.

Request To Clarify ``Maintenance Record Check of the Airplane''

    One commenter, Delta Airlines, requests that the FAA clarify or 
expand the statement ``maintenance record check of the airplane.'' 
Delta suggests that, rather than a search through maintenance records, 
a review of installation drawings, internal Engineering Authorizations, 
the Illustrated Parts Catalog, and other such documents would also 
provide a clear picture of which galleys/closets are installed.
    We do not agree with the commenter that it is necessary to expand 
the definition of ``airplane maintenance records.'' The NPRM uses the 
phrase ``airplane maintenance records,'' because that is consistent 
with the wording of section 121.380 (``Maintenance Recording 
Requirements'') of the Federal Aviation Regulations (14 CFR 121.380). 
That regulation defines the maintenance recording requirements for 
certificate holders. The term, as specified in the NPRM, is not meant 
to imply that determination of the installed component used must be 
determined from the airplane-level document, but rather the explanation 
as specified in section 121.380 of the Federal Aviation Regulations (14 
CFR 121.380). Examples of other such supporting documents include 
maintenance program documentation and maintenance task cards. 
Therefore, we find that it is unnecessary to revise the AD in this 
regard.

Clarification of Alternative Method of Compliance (AMOC) Paragraph

    We have revised this AD to clarify the appropriate procedure for 
notifying the principal inspector before using any approved AMOC on any 
airplane to which the AMOC applies.

Conclusion

    We have carefully reviewed the available data, including the 
comments received, and determined that air safety and the public 
interest require adopting the AD with the single clarification 
described previously. We have determined that this clarification will 
neither increase the economic burden on any operator nor increase the 
scope of the AD.

Costs of Compliance

    There are about 5,177 airplanes of the affected design in the 
worldwide fleet. This AD will affect about 2,621 airplanes of U.S. 
registry. The inspection to determine part numbers of the galleys will 
take about 1 work hour per galley, at an average labor rate of $65 per 
work hour. Some airplanes have only one galley and some have up to 11 
galleys. With the exception of Boeing Model 777-300 airplanes, we 
estimate the cost of the inspection in this AD for U.S. operators to be 
between $65 and $715 per airplane.
    If an operator is required to replace the spiral protective 
wrapping of the electrical cables of the galley, we estimate that cost 
will be as follows:
    1. For Driessen galleys: About two work hours per galley, at an 
average labor rate of $65 per work hour, and the cost for the new 
spiral protective wrapping to be about $1,450, per galley. The 
estimated total cost will be about $1,580, per galley.
    2. For Showa galleys: About 20 work hours per galley, at an average 
labor rate of $65 per work hour, and the cost of the new spiral 
protective wrapping to be about $1,550, per galley. The estimated total 
cost will be about $2,850, per galley.
    Currently, there are no Boeing Model 777-300 airplanes with the 
subject galleys on the U.S. Register. However, if a Model 777-300 is 
imported and placed on the U.S. Register in the future, the required 
actions will take about 1 work hour per galley, at an average labor 
rate of $65 per work hour.

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

    We 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.
    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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with

[[Page 32814]]

this AD and placed it in the AD docket. See the ADDRESSES section for a 
location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2006-12-06 Boeing: Amendment 39-14631. Docket No. FAA-2005-22628; 
Directorate Identifier 2005-NM-056-AD.

Effective Date

    (a) This AD becomes effective July 12, 2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing transport category airplanes 
equipped with certain Driessen Aircraft Interior Systems or Showa 
Aircraft Industries galleys, certificated in any category; as 
identified in paragraphs (c)(1) through (c)(5) inclusive of this AD.
    (1) Model 737-300, -400, -500, -700, and -800 series airplanes;
    (2) Model 747-400 and 747-400F series airplanes;
    (3) Model 757-200 series airplanes;
    (4) Model 767-300 series airplanes; and
    (5) Model 777-300 series airplanes.

Unsafe Condition

    (d) This AD results from testing and reports from the 
manufacturer indicating unacceptable flammability properties of wire 
wrapping installed in certain galleys and closets. We are issuing 
this AD to prevent fire propagation or smoke in the cabin area due 
to electrical arcing or sparking and ignition of the spiral wire 
wrapping.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

    Note 1: For clarification and for the purposes of this AD, the 
use of the term ``galley'' also includes the terms ``buffet'' and 
``closet'' that are referenced in certain service information 
specified in this AD.

Determination of Part Installation

    (f) Within 72 months after the effective date of this AD, 
inspect the galleys to determine if any of the part numbers (P/Ns) 
installed are identified in the applicable service information 
specified in Table 1 of this AD. Instead of inspecting the galleys 
to determine if the P/Ns are installed, a review of airplane 
maintenance records is acceptable if the P/Ns can be positively 
determined from that review.

   Table 1.--Service Bulletins and Special Attention Service Bulletins
------------------------------------------------------------------------
Model and service information  Revision level             Date
------------------------------------------------------------------------
(1) Boeing Special Attention                1  November 11, 2004.
 Service Bulletin 737-25-
 1438, for Model 737-300, -
 400, and -500 series
 airplanes.
(2) Boeing Service Bulletin                 3  November 11, 2004.
 737-25-1439, for Model 737-
 700 and -800 series
 airplanes.
(3) Boeing Special Attention                1  November 11, 2004.
 Service Bulletin 747-25-
 3264, for Model 747-400
 series airplanes.
(4) Boeing Service Bulletin                 1  April 4, 2002.
 747-25-3275, for Model 747-
 400F series airplanes.
(5) Boeing Special Attention                2  November 11, 2004.
 757-25-0238, for Model 757-
 200 series airplanes.
(6) Boeing Special Attention                1  November 11, 2004.
 Service Bulletin 767-25-
 0297, for Model 767-300
 series airplanes.
(7) Boeing Special Attention                1  November 11, 2004.
 Service Bulletin 1 November
 777-25-0180 for Model 777-
 300 series airplanes.
------------------------------------------------------------------------


    Note 2: The service bulletins and special attention service 
bulletins specified in Table 1 of this AD reference Driessen 
Aircraft Interior Systems Service Bulletin 25-442, Revision E, dated 
April 29, 2004; and Showa Aircraft Industry Service Bulletin 25-30-
111, dated December 11, 2000; as applicable; as additional sources 
of service information.

If Certain Galleys Are Not Installed

    (g) If no galley is installed having any P/N identified in the 
service information specified in paragraph (f) of this AD, no 
further action is required by this AD.

If Certain Galleys Are Installed

    (h) If any galley is installed having any P/N identified in the 
service information specified in paragraph (f) of this AD: Within 72 
months after the effective date of this AD, replace the spiral 
protective wrapping of the electrical cables of the galley with new 
spiral protective wrapping that has been shown to meet certain 
flammability testing requirements, in accordance with the applicable 
service information specified in paragraph (f) of this AD.

Credit for Previous Replacement

    (i) Replacement of the spiral protective wrapping of the 
electrical cables of any galley with new spiral protective wrapping 
that has been shown to meet certain flammability testing 
requirements, in accordance with the service information listed in 
the Table 2 of this AD, prior to the effective date of this AD, is 
acceptable for compliance with the requirements of paragraph (h) of 
this AD.

                                        Table 2.--Previous Accomplishment
----------------------------------------------------------------------------------------------------------------
       Boeing service information                 Revision level                           Date
----------------------------------------------------------------------------------------------------------------
(1) Special Attention Service Bulletin    Original......................  March 15, 2001.
 737-25-1438.
(2) Special Attention Service Bulletin    Original......................  March 15, 2001.
 737-25-1439.
(3) Special Attention Service Bulletin    1.............................  August 2, 2001.
 737-25-1439.
(4) Service Bulletin 737-25-1439........  2.............................  December 19, 2001.
(5) Special Attention Service Bulletin    Original......................  March 15, 2001.
 747-25-3264.
(6) Special Attention Service Bulletin    Original......................  March 15, 2001.
 747-25-3275.
(7) Special Attention Service Bulletin    Original......................  March 15, 2001.
 757-25-0238.
(8) Special Attention Service Bulletin    1.............................  November 15, 2001.
 757-25-0238.
(9) Special Attention Service Bulletin    Original......................  March 15, 2001.
 767-25-0297.
(10) Special Attention Service Bulletin   Original......................  March 15, 2001.
 777-25-0180.
----------------------------------------------------------------------------------------------------------------


[[Page 32815]]

Alternative Methods of Compliance (AMOCs)

    (j)(1) The Manager, Seattle Aircraft Certification Office (ACO), 
FAA, has the authority to approve AMOCs for this AD, if requested in 
accordance with the procedures found in 14 CFR 39.19.
    (2) Before using any AMOC approved in accordance with 14 CFR 
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

Material Incorporated by Reference

    (k) You must use the applicable service information in Table 3 
of this AD to perform the actions that are required by this AD, 
unless the AD specifies otherwise. The Director of the Federal 
Register approved the incorporation by reference of these documents 
in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Boeing 
Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207, 
for a copy of this service information. You may review copies at the 
Docket Management Facility, U.S. Department of Transportation, 400 
Seventh Street, SW., Room PL-401, Nassif Building, Washington, DC; 
on the Internet at http://dms.dot.gov; or at the National Archives 
and Records Administration (NARA). For information on the 
availability of this material at the NARA, call (202) 741-6030, or 
go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

              Table 3.--Material Incorporated by Reference
------------------------------------------------------------------------
     Service information       Revision level             Date
------------------------------------------------------------------------
(1) Boeing Special Attention                1  November 11, 2004.
 Service Bulletin 737-25-1438.
(2) Boeing Service Bulletin                 3  November 11, 2004.
 737-25-1439.
(3) Boeing Special Attention                1  November 11, 2004.
 Service Bulletin 747-25-3264.
(4) Boeing Service Bulletin                 1  April 4, 2002.
 747-25-3275.
(5) Boeing Special Attention                2  November 11, 2004.
 Service Bulletin 757-25-0238.
(6) Boeing Special Attention                1  November 11, 2004.
 Service Bulletin 767-25-0297.
(7) Boeing Special Attention                1  November 11, 2004.
 Service Bulletin 777-25-0180.
------------------------------------------------------------------------


    Issued in Renton, Washington, on May 30, 2006.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 06-5120 Filed 6-6-06; 8:45 am]
BILLING CODE 4910-13-P