[Federal Register Volume 64, Number 187 (Tuesday, September 28, 1999)]
[Rules and Regulations]
[Pages 52221-52223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25020]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 99-NM-216-AD; Amendment 39-11338; AD 99-20-08]
RIN 2120-AA64
Airworthiness Directives; McDonnell Douglas Model MD-11 Series
Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to all McDonnell Douglas Model MD-11 series airplanes. This
action prohibits installation of a certain In-flight Entertainment
Network system. This amendment is prompted by the results of a special
certification review of the in-flight entertainment system installed on
a Model MD-11 series airplane that was involved in a recent accident.
The actions specified in this AD are intended to prevent possible
confusion as the flightcrew performs their duties in response to a
smoke/fumes emergency, which could impair their ability to correctly
identify the source of the smoke/fumes and subsequently affect the
continued safe flight and landing of the airplane.
DATES: Effective October 13, 1999.
Comments for inclusion in the Rules Docket must be received on or
before November 29, 1999.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 99-NM-216-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056.
Information pertaining to this AD may be examined at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington; or at the FAA, Transport Airplane Directorate, Los Angeles
Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood,
California.
FOR FURTHER INFORMATION CONTACT: Elvin Wheeler, Aerospace Engineer,
ANM-130L, FAA, Transport Airplane Directorate, Los Angeles Aircraft
Certification Office, 3960 Paramount Boulevard, Lakewood, California
90712; telephone (562) 627-5344; fax (562) 627-5210.
SUPPLEMENTARY INFORMATION: On September 2, 1998, a McDonnell Douglas
Model MD-11 series airplane was involved in an accident near Halifax,
Nova Scotia. To date, causal factors of the accident have not been
determined; however, the National Transportation Safety Board is
assisting Canadian authorities in determining the cause of the
accident. It is known that smoke in the flight deck had been reported
by the flightcrew, and there were indications of heat damage to
electrical wires in the recovered wreckage.
In the early phases of the accident investigation, interest was
focused on the in-flight entertainment (IFE) system installed aboard
the accident airplane. The IFE system installed on the accident
airplane is known as the In-Flight Entertainment Network (IFEN). The
modification of the MD-11 airplane involving the installation of the
IFEN system was accomplished under the authority of Switzerland's
Federal Office for Civil Aviation (FOCA). The basis for FOCA's
certifying the IFEN system in Switzerland was FAA Supplemental Type
Certificate (STC) No. ST00236LA-D. That STC was issued by Santa Barbara
Aerospace (SBA) under its authority as an FAA Designated Alteration
Station (DAS).
The FAA conducted a special certification review of the IFEN system
approved by STC No. ST00236LA-D in order to determine if any unsafe
design or unsafe installation features exist in connection with the
IFEN system. The review identified two areas of concern, both relating
to IFEN system electrical power and the airplane crew's ability to
remove electrical power from it when necessary. There is no indication
that the areas of concern identified by the FAA as a result of the
special certification review are related to the cause of the accident.
The Canadian authorities have not yet determined the cause of the
accident.
The current design of the IFEN system electrical power switching is
not compatible with the design concept of the MD-11 airplane with
regard to the response by the flightcrew to a cabin or flight deck
smoke/fumes emergency. In addition, the current IFEN system design does
not provide the flightcrew and/or cabin crew with the ability to remove
electrical power by a means other than pulling the system's circuit
breakers. The airplane manufacturer's
[[Page 52222]]
design concept of the airplane results in power being removed from the
main cabin systems when the ``CAB BUS'' switch is engaged during a
smoke/fumes emergency. However, the design of the IFEN system
installation circumvented flightcrew procedures for responding to a
smoke/fumes emergency by connecting the IFEN system to an electrical
bus that is not de-energized when the ``CAB BUS'' switch is activated.
Although the power to the IFEN system would eventually be removed via
activation of the SMOKE ELEC/AIR rotary switch, the flightcrew would
expect that selection of the ``CAB BUS'' switch would isolate all non-
essential power to the cabin. Also, the cabin crew is able to only
deactivate individual in-seat video displays (ISVD) from the IFEN
system management terminal, deactivation does not remove electrical
power from the ISVD's and other IFEN system components. These
conditions, if not corrected, could result in possible confusion as the
flightcrew performs their duties in response to a smoke/fumes
emergency, which could subsequently impair their ability to correctly
identify the source of the smoke/fumes and subsequently affect the
continued safe flight and landing of the airplane.
At the present time, the IFEN approved by STC ST00236LA-D is not
installed on any airplane of U.S. registry, and the STC holder has
surrendered the STC to the FAA. Nevertheless, because the data were
FAA-approved, it is possible that in the future an operator, in
reliance on that approval, may decide to install the IFEN on its
airplane. Therefore, an AD is necessary to prevent such installation.
Explanation of Requirements of the Rule
Since an unsafe condition has been identified that is likely to
exist or develop on other airplanes of the same type design, this AD is
being issued to prohibit installation of an In-flight Entertainment
Network system approved by STC ST00236LA-D.
Cost Impact
None of the Model MD-11 series airplanes affected by this action
are on the U.S. Register. All airplanes included in the applicability
of this rule currently are operated by non-U.S. operators under foreign
registry; therefore, they are not directly affected by this AD action.
However, the FAA considers that this rule is necessary to ensure that
the unsafe condition is addressed in the event that any of these
subject airplanes are imported and placed on the U.S. Register in the
future.
Since a specific modification commensurate with the requirements of
this AD has not yet been developed, the FAA is unable at this time to
provide specific information as to the number of work hours or cost of
parts that would be required to accomplish actions associated with
amendments to STC ST00236LA-D.
As indicated earlier in this preamble, the FAA specifically invites
the submission of comments and other data regarding this economic
aspect of this proposal.
Determination of Rule's Effective Date
Since this AD action does not affect any airplane that is currently
on the U.S. register, it has no adverse economic impact and imposes no
additional burden on any person. Therefore, prior notice and public
procedures hereon are unnecessary and the amendment may be made
effective in less than 30 days after publication in the Federal
Register.
Comments Invited
Although this action is in the form of a final rule and was not
preceded by notice and opportunity for public comment, comments are
invited on this rule. Interested persons are invited to comment on this
rule by submitting such written data, views, or arguments as they may
desire. Communications shall identify the Rules Docket number and be
submitted in triplicate to the address specified under the caption
ADDRESSES. All communications received on or before the closing date
for comments will be considered, and this rule may be amended in light
of the comments received. Factual information that supports the
commenter's ideas and suggestions is extremely helpful in evaluating
the effectiveness of the AD action and determining whether additional
rulemaking action would be needed.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the rule. All comments submitted will be
available, both before and after the closing date for comments, in the
Rules Docket for examination by interested persons. A report that
summarizes each FAA-public contact concerned with the substance of this
AD will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this rule must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 99-NM-216-AD.'' The postcard will be date stamped and
returned to the commenter.
Regulatory Impact
The regulations adopted herein will not have substantial direct
effects 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. Therefore, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
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 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
from the Rules Docket at the location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, 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 adding the following new
airworthiness directive:
99-20-08 McDonnell Douglas: Amendment 39-11338. Docket 99-NM-216-AD.
Applicability: All Model MD-11 series airplanes, certificated in
any category.
Note 1: This AD applies to each airplane 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 airplanes 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
[[Page 52223]]
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: Required as indicated, unless accomplished
previously.
To prevent possible confusion as the flightcrew performs their
duties in response to a smoke/fumes emergency, which could
subsequently impair their ability to correctly identify the source
of the smoke/fumes, and subsequently affect the continued safe
flight and landing of the airplane, accomplish the following:
Modification
(a) As of the effective date of this AD, no person shall install
on any airplane an In-Flight Entertainment Network (IFEN) in
accordance with data approved by Supplemental Type Certificate (STC)
ST00236LA-D, dated November 19, 1996; Amendment 1, dated December
18, 1996; Amendment 2, dated January 24, 1997; Amendment 3, dated
February 3, 1997; Amendment 4, dated March 11, 1997; or Amendment 5,
dated August 7, 1997.
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, Los Angeles ACO. Operators shall
submit their requests through an appropriate FAA Principal
Maintenance Inspector, who may add comments and then send it to the
Manager, Los Angeles ACO.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Los Angeles ACO.
Special Flight Permits
(c) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
(d) This amendment becomes effective on October 13, 1999.
Issued in Renton, Washington, on September 21, 1999.
D.L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 99-25020 Filed 9-27-99; 8:45 am]
BILLING CODE 4910-13-U