[Federal Register Volume 66, Number 134 (Thursday, July 12, 2001)]
[Rules and Regulations]
[Pages 36456-36457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-17156]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-229-AD; Amendment 39-12312; AD 2001-14-02]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas DC-9-51 and DC-9-83 
Series Airplanes Modified by Supplemental Type Certificate SA8026NM

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to all McDonnell Douglas Model DC-9-51 and DC-9-83 series 
airplanes modified by Supplemental Type Certificate SA8026NM, that 
requires deactivation of the in-flight entertainment (IFE) system and 
removal of the system from the airplane. This action is necessary to 
prevent the inability of the flight crew to remove power from the IFE 
system when necessary. Inability to remove power from the IFE system 
during a non-normal or emergency situation could result in inability to 
control smoke or fumes in the airplane flight deck or cabin. This 
action is intended to address the identified unsafe condition.

DATES: Effective August 16, 2001.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of August 16, 2001.

ADDRESSES: The service information referenced in this AD may be 
obtained from Hollingsead International, Inc., 7416 Hollister Avenue, 
Goleta, California 93117. This information may be examined at the 
Federal Aviation Administration (FAA), Transport Airplane Directorate, 
Rules Docket, 1601 Lind Avenue, SW., Renton, Washington; at the FAA, 
Los Angeles Aircraft Certification Office, 3960 Paramount Boulevard, 
Lakewood, California; or at the Office of the Federal Register, 800 
North Capitol Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: George Mabuni, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130L, FAA, Los Angeles Aircraft 
Certification Office, 3960 Paramount Boulevard, Lakewood, California 
90712-4137; telephone (562) 627-5341; fax (562) 627-5210.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to all McDonnell Douglas Model DC-9-
51 and DC-9-83 series airplanes modified by Supplemental Type 
Certificate SA8026NM was published in the Federal Register on March 2, 
2001 (66 FR 13187). That action proposed to require deactivation of the 
in-flight entertainment (IFE) system and removal of the system from the 
airplane.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were submitted in response 
to the proposal or the FAA's determination of the cost to the public.

Conclusion

    After careful review of the available data, the FAA has determined 
that air safety and the public interest require the adoption of the 
rule as proposed.

Cost Impact

    There are approximately 6 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 3 airplanes of U.S. registry 
will be affected by this AD, that it will take approximately 4 work 
hours per airplane to accomplish the required actions, and that the 
average labor rate is $60 per work hour. Based on these

[[Page 36457]]

figures, the cost impact of this AD on U.S. operators is estimated to 
be $720, or $240 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the requirements of this AD 
action, and that no operator would accomplish those actions in the 
future if this AD were not adopted. The cost impact figures discussed 
in AD rulemaking actions represent only the time necessary to perform 
the specific actions actually required by the AD. These figures 
typically do not include incidental costs, such as the time required to 
gain access and close up, planning time, or time necessitated by other 
administrative actions.

Regulatory Impact

    The regulations adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    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, 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 adding the following new 
airworthiness directive:

2001-14-02  McDonnell Douglas: Amendment 39-12312. Docket 2000-NM-
229-AD.

    Applicability: Model DC-9-51 and DC-9-83 series airplanes 
modified by Supplemental Type Certificate (STC) SA8026NM, 
certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
otherwise 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 
alternative method of compliance in accordance with paragraph (c) 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 the inability of the flight crew to remove power from 
the in-flight entertainment (IFE) system when necessary; which, 
during a non-normal or emergency situation, could result in 
inability to control smoke or fumes in the airplane flight deck or 
cabin; accomplish the following:

Deactivation and Removal

    (a) Within 18 months after the effective date of this AD, 
deactivate the IFE system and remove the system from the airplane, 
in accordance with Hollingsead International Service Bulletin 2526-
2332-001, dated July 19, 2000.

Spares

    (b) As of the effective date of this AD, no person shall install 
an IFE system in accordance with STC SA8026NM on any airplane.

Alternative Methods of Compliance

    (c) 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 Aircraft Certification 
Office (ACO), FAA. 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

    (d) 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.

Incorporation by Reference

    (e) The actions shall be done in accordance with Hollingsead 
International Service Bulletin 2526-2332-001, dated July 19, 2000. 
This incorporation by reference was approved by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. Copies may be obtained from Hollingsead International, Inc., 
7416 Hollister Avenue, Goleta, California 93117. Copies may be 
inspected at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue, SW., Renton, Washington; at the FAA, Los Angeles Aircraft 
Certification Office, 3960 Paramount Boulevard, Lakewood, 
California; or at the Office of the Federal Register, 800 North 
Capitol Street, NW., suite 700, Washington, DC.

Effective Date

    (f) This amendment becomes effective on August 16, 2001.


    Issued in Renton, Washington, on June 29, 2001.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-17156 Filed 7-11-01; 8:45 am]
BILLING CODE 4910-13-U