[Federal Register Volume 66, Number 160 (Friday, August 17, 2001)]
[Rules and Regulations]
[Pages 43066-43068]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20587]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-235-AD; Amendment 39-12389; AD 2001-16-20]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767-200 Series Airplanes 
Modified by Supplemental Type Certificate SA5134NM

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 767-200 series airplanes modified by 
supplemental type certificate SA5134NM, that requires modification of 
the in-flight entertainment (IFE) system. 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 21, 2001.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of September 21, 2001.

ADDRESSES: The service information referenced in this AD may be 
obtained from Flight Structures, Inc., 4407 172nd Street NE., 
Arlington, Washington 98223. This information may be examined at the 
Federal Aviation Administration (FAA), Transport Airplane Directorate, 
Rules Docket, 1601 Lind Avenue, SW., Renton, Washington; or at the 
Office of the Federal Register, 800 North Capitol Street, NW., suite 
700, Washington, DC.

[[Page 43067]]


FOR FURTHER INFORMATION CONTACT: Louis Natsiopoulos, Aerospace 
Engineer, Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98055-
4056; telephone (425) 227-1279; 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 Model 767-200 series 
airplanes modified by supplemental type certificate (STC) SA5134NM was 
published in the Federal Register on March 2, 2001 (66 FR 13195). That 
action proposed to require modification of the in-flight entertainment 
(IFE) system.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.
    One commenter states that it does not operate any of the airplanes 
affected by the proposed AD.

Use Modification Developed by Airplane Manufacturer

    One commenter requests that the FAA revise the proposed AD to 
require modification per procedures developed by the airplane 
manufacturer (Boeing) rather than by the STC holder (Flight Structures, 
Inc.). The commenter states that a modification developed by the 
airplane manufacturer is appropriate because installation of an IFE 
system per the subject STC does not change the power distribution from 
the production configuration. The commenter acknowledges the intent of 
the proposed AD but would prefer a solution developed by Boeing to 
ensure commonality among all Boeing Model 767-200 series airplanes. The 
commenter notes that such commonality is important for operating and 
maintenance procedures. The commenter also adds that, if the FAA adopts 
its recommendation, the compliance time for the proposed AD should be 
extended to allow time for Boeing to release a service bulletin and for 
the affected operators to do the modification.
    We do not concur with the commenter's request. The IFE system--
including the electrical components and wiring that provides electrical 
power to the system--was installed by the STC holder and is not common 
to all Boeing Model 767-200 series airplanes. The fact that 
installation of the subject IFE system was approved by STC indicates 
that it represents a major change from the design previously approved 
under the type certificate for the Model 767-200 series airplanes. As 
such, the STC holder, not the airplane manufacturer, is responsible for 
the development of corrective actions for potential unsafe conditions 
related to the equipment installed per the STC.
    Further, contrary to what the commenter states, the installation of 
the IFE system by the subject STC does include wiring changes, as well 
as the redesignation and reassignment of several circuit breakers on 
the airplane. The development of an appropriate modification 
necessitates knowledge of the wiring and circuit breaker changes 
involved with installation of the system. We cannot assume that the 
airplane manufacturer has the necessary engineering data, since these 
data are proprietary to the holder of the subject STC.
    Also, since the STC holder has already developed appropriate 
service information (as described in the proposed AD), there is no 
reason to extend the compliance time as requested by the commenter. No 
change to the final rule is necessary in this regard.

Use of Circuit Breakers as Power Switches

    One commenter disagrees with the FAA's inference in the preamble of 
the proposed AD that circuit breakers are used as power switches for 
the IFE system, thereby causing the circuit breaker to be opened and 
closed frequently. The commenter states that the IFE systems on its 
airplanes are typically powered on all the time except when maintenance 
on the IFE system is necessary. The commenter notes that this is 
consistent with how the majority of airplane electrical systems are 
managed. The commenter asserts that the circuit breakers are only used 
to deenergize the IFE system during non-normal and emergency 
situations.
    The commenter requests no specific change to the AD. We acknowledge 
the commenter's statements, but find that no change to the final rule 
is necessary. We have determined that it is not acceptable to rely on 
system circuit breakers as the sole means of removing power from the 
IFE system. The use of circuit breakers as switches may result in 
degradation of the circuit breakers to the point where they may not 
trip at their rated current. Also, during non-normal or emergency 
situations, it is essential for the crew to quickly remove power from 
the IFE system to identify and isolate smoke or fumes that may be 
caused by the components or wiring of the IFE system or to determine 
whether the IFE system is not the source of smoke or fumes. As stated 
in the proposed rule, the circuit breakers for the IFE system represent 
the only means of removing power from the IFE systems. In this case, 
these breakers are located in the electronics bay and are not readily 
accessible to the crew during flight. Therefore, we find it necessary 
to issue this AD to require modification of the IFE system so that 
power can be removed from it manually or automatically without 
affecting other systems necessary for safe flight and landing of the 
airplane.

Conclusion

    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 as proposed.

Cost Impact

    There are approximately 13 Model 767-200 series airplanes modified 
by STC SA5134NM in the worldwide fleet. The FAA estimates that all 13 
airplanes are of U.S. registry and will be affected by this AD, that it 
will take approximately 8 work hours per airplane to accomplish the 
required actions, and that the average labor rate is $60 per work hour. 
Required parts will cost approximately $300 per airplane. Based on 
these figures, the cost impact of this AD on U.S. operators is 
estimated to be $10,140, or $780 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.

[[Page 43068]]

    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:

2001-16-20  Boeing: Amendment 39-12389. Docket 2000-NM-235-AD.
    Applicability: Model 767-200 series airplanes modified by 
supplemental type certificate (STC) SA5134NM, 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 
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:

Modification

    (a) Within 18 months after the effective date of this AD, modify 
the IFE system to change the source of electrical power for the IFE 
system from the main bus to a utility bus, in accordance with Flight 
Structures Service Bulletin 90FS062-23-01, Revision 2, dated 
September 21, 2000.

Spares

    (b) As of the effective date of this AD, no person may install 
an IFE system in accordance with STC SA5134NM, on any airplane, 
unless it is modified in accordance with 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 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, Seattle ACO.

    Note 2: 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.

Incorporation by Reference

    (e) The actions shall be done in accordance with Flight 
Structures Service Bulletin 90FS062-23-01, Revision 2, dated 
September 21, 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 Flight 
Structures, Inc., 4407 172nd Street NE, Arlington, Washington 98223. 
Copies may be inspected at the FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington; 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 September 21, 2001.

    Issued in Renton, Washington, on August 9, 2001.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-20587 Filed 8-16-01; 8:45 am]
BILLING CODE 4910-13-U