[Federal Register Volume 66, Number 159 (Thursday, August 16, 2001)]
[Rules and Regulations]
[Pages 42937-42939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20584]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-232-AD; Amendment 39-12386; AD 2001-16-17]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767-300 Series Airplanes 
Modified by Supplemental Type Certificate SA5765NM or SA5978NM

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to all Boeing Model 767-300 series airplanes modified by 
supplemental type certificate (STC) SA5765NM or SA5978NM, that requires 
removal or modification of the in-flight entertainment (IFE) system 
installed by those STCs. 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 September 20, 2001.

ADDRESSES: Information related to this amendment may be examined at the 
Federal Aviation Administration (FAA), Transport Airplane Directorate, 
Rules Docket, 1601 Lind Avenue, SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT: Stephen S. Oshiro, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98055-
4056; telephone (425) 227-2793; fax (425) 227-1181.

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 Boeing 767-300 series 
airplanes modified by supplemental type certificate (STC) SA5765NM or 
SA5978NM was published in the Federal Register on March 2, 2001 (66 FR 
13192). That action proposed to require removal of the in-flight 
entertainment (IFE) system installed by those STCs.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the single comment received.

Allow Modification of Installed IFE Systems

    The commenter questions why the FAA is proposing to require removal 
of IFE systems installed per STC SA5765NM or SA5978NM rather than 
modification of the installed systems. The commenter states that a 
modification that transfers power from the main to the utility power 
bus, or that installs a master power switch for the IFE system on the 
video control center, along with appropriate changes to flight crew and 
cabin crew procedures, would adequately address the identified unsafe 
condition. The commenter also notes that it operates two Boeing Model 
767-300 series airplanes affected by the proposed AD and is contracting 
with the STC holder for modification of the installed IFE system on 
these airplanes.
    We concur with the commenter's request to allow modification of the 
subject IFE systems in lieu of removal of these systems. We stated in 
the proposed rule that the STC holder informed us that IFE systems 
installed by STC SA5765NM or SA5978NM had been removed from all 
affected airplanes. Based on the commenter's statements, however, we 
now know that there are at least two Model 767-300 series airplanes in 
the worldwide fleet with the subject IFE systems still installed.
    The FAA concurs with the commenter that it may be possible to 
modify the subject IFE systems to adequately address the unsafe 
condition. Therefore, we have revised paragraph (a) of this AD to 
provide two options for compliance:
    1. Removal of the subject IFE system per a method approved by the 
FAA (as proposed). Or,
    2. Modification of the subject IFE system to provide the flight 
crew or cabin crew with a means of removing electrical power from the 
IFE system equipment and wiring during a non-normal or emergency 
situation involving smoke or fire on the flight deck or in the 
passenger cabin. Depending on the method of modification, it may also 
be necessary to revise the Airplane Flight Manual and cabin crew 
procedures manual to provide the airplane crew with information 
regarding the use of the power switches or controls installed during 
the modification. If this compliance option is chosen, the modification 
and any necessary manual revisions must be done per a method approved 
by the FAA.
    Additionally, we have revised the Cost Impact section of this AD 
based on the information provided by the commenter, and paragraph (b) 
of this AD to state that installation of an IFE system per STC SA5765NM 
or SA5978NM after the effective date of this AD is prohibited unless 
the modification of the IFE system is done per this AD. Lastly, a new 
Note 2 has been added (and a subsequent note renumbered) to explain 
that, as part of the modification, it may be necessary to revise crew 
procedures.

Conclusion

    After careful review of the available data, including the comment 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the changes previously 
described. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Cost Impact

    The holder of the STCs previously informed the FAA that the subject 
IFE systems have been removed from all affected Boeing Model 767-300 
series airplanes modified by STC SA5765NM or SA5978NM. However, based 
on

[[Page 42938]]

information provided by a commenter to the proposal, we now know that 
there are at least 2 Model 767-300 series airplanes of the affected 
design in the worldwide fleet. These airplanes are currently operated 
by a non-U.S. operator under foreign registry; therefore, they are not 
directly affected by this AD action. The FAA knows of no airplanes of 
U.S. registry that will be affected by this AD. Therefore, the FAA 
expects that there will be no future cost impact on U.S. operators as a 
result of the adoption of this rule.
    If a U.S.-registered airplane subject to this AD is identified, the 
FAA estimates that removal of the IFE system, which is provided as one 
option for compliance with this AD, will take approximately 12 work 
hours per airplane, at an average labor rate of $60 per work hour. 
Based on these figures, the cost impact of this AD on an affected 
airplane is estimated to be $720 per airplane.
    In lieu of removing the IFE system, this AD provides for 
modification of the IFE system. Since we have not yet approved any such 
modification, we do not know what the cost impact would be. However, 
based on the estimates for modification of another IFE system installed 
on Model 767-300 series airplanes, if a U.S.-registered airplane 
subject to this AD is identified, we estimate that it will take 
approximately 50 work hours per airplane to accomplish the 
modification, at an average labor rate of $60 per work hour. The cost 
of required parts is unknown. Based on these figures, we estimate the 
labor required for such a modification on an affected airplane to be 
$3,000 per airplane.
    The cost impact figures discussed in most AD actions are based on 
assumptions that no operator has yet accomplished any of the 
requirements, and that no operator would accomplish those actions in 
the future if the 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, 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:

2001-16-17  Boeing: Amendment 39-12386. Docket 2000-NM-232-AD.

    Applicability: Model 767-300 series airplanes modified by 
supplemental type certificate (STC) SA5765NM or SA5978NM, 
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 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:

Removal or Modification of IFE System

    (a) Within 18 months after the effective date of this AD, do the 
actions in either paragraph (a)(1) or (a)(2) of this AD.
    (1) Remove the IFE system installed by STC SA5765NM or STC 
SA5978NM by a method approved by the Manager, Seattle Aircraft 
Certification Office (ACO), FAA. For a removal method to be approved 
by the Manager, Seattle ACO, as required by this paragraph, the 
Manager's approval letter must specifically reference this AD.
    (2) Modify the IFE system installed by STC SA5765NM or STC 
SA5978NM to provide the flight crew or cabin crew with a means of 
removing electrical power from the IFE system equipment and wiring 
during a non-normal or emergency situation involving smoke or fire 
on the flight deck or in the passenger cabin. Do this modification 
by a method approved by the Manager, Seattle ACO. For a modification 
to be approved by the Manager, Seattle ACO, as required by this 
paragraph, the Manager's approval letter must specifically reference 
this AD.

    Note 2: Depending on the method of modification, as part of the 
requirements of paragraph (a)(2) of this AD, it may be necessary to 
revise the FAA-approved Airplane Flight Manual and cabin crew 
procedures to provide the airplane crew with information regarding 
the use of the power switch or other controls installed during the 
modification. Such revision to the AFM and cabin crew procedures, if 
necessary, is considered part of the modification and must be 
submitted for approval by the Manager, Seattle ACO, along with the 
method of modification.

Spares

    (b) As of the effective date of this AD, no person shall install 
an IFE system in accordance with STC SA5765NM or SA5978NM on any 
airplane, unless the IFE system is modified per paragraph (a)(2) of 
this AD.

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, Seattle ACO. Operators shall submit 
their requests through an appropriate FAA Principal Maintenance 
Inspector, who may add comments and then send it to the Manager, 
Seattle ACO.

    Note 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Seattle 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.

[[Page 42939]]

Effective Date

    (e) This amendment becomes effective on September 20, 2001.


    Issued in Renton, Washington, on August 9, 2001.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-20584 Filed 8-15-01; 8:45 am]
BILLING CODE 4910-13-U