[Federal Register Volume 68, Number 8 (Monday, January 13, 2003)]
[Rules and Regulations]
[Pages 1525-1528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-50]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-56-AD; Amendment 39-13002; AD 2002-26-14]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767-300 Series Airplanes 
Modified by Supplemental Type Certificate ST01869AT-D

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
is applicable to all Boeing Model 767-300 series airplanes modified by 
supplemental type certificate ST01869AT-D. This action requires 
modifying the passenger entertainment system (PES) and revising the 
airplane flight manual. This action is necessary to ensure that the 
airplane crew is able to remove electrical power from the PES when 
necessary and is advised of appropriate procedures for such action. 
Inability to remove power from the PES 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 January 28, 2003.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of January 28, 2003.
    Comments for inclusion in the Rules Docket must be received on or 
before March 14, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-56-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2002-NM-56-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    The service information referenced in this AD may be obtained from 
TIMCO Engineered Systems, Inc., 623 Radar Road, Greensboro, North 
Carolina 27410. This information may be examined at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at 
the FAA, Atlanta Aircraft Certification Office, One Crown Center, 1895 
Phoenix Boulevard, suite 450, Atlanta, Georgia; or at the Office of the 
Federal Register, 800 North Capitol Street, NW., suite 700, Washington, 
DC.

FOR FURTHER INFORMATION CONTACT: Robert Chupka, Aerospace Engineer, 
Systems and Flight Test Branch, ACE-116A, FAA, Atlanta Aircraft 
Certification Office, One Crown Center, 1895 Phoenix Boulevard, suite 
450, Atlanta, Georgia 30349; telephone (770) 703-6070; fax (770) 703-
6097.

SUPPLEMENTARY INFORMATION: 

Discussion

    The Federal Aviation Administration (FAA) recently completed a 
review of in-flight entertainment (IFE) systems certified by 
supplemental type certificate (STC) and installed on transport category 
airplanes. The review focused on the interface between the IFE system 
and airplane electrical system, with the objective of determining if 
any unsafe conditions exist with regard to the interface. STCs issued 
between 1992 and 2000 were considered for the review.
    The type of IFE systems considered for review were those that 
contain video monitors (cathode ray tubes or liquid crystal displays; 
either hanging above the aisle or mounted on individual seat backs or 
seat trays), or complex circuitry (i.e., power supplies, electronic 
distribution boxes, extensive wire routing, relatively high power 
consumption, multiple layers of circuit protection, etc.). In addition, 
in-seat power supply systems that provide power to more than 20 percent 
of the total passenger seats were also considered for the review. The 
types of IFE systems not considered for review include systems that 
provide only audio signals to each passenger seat, ordinary in-flight 
telephone systems (e.g., one telephone handset per group of seats or 
bulkhead-mounted telephones), systems that only have a video monitor on 
the forward bulkhead(s) (or a projection system) to provide passengers 
with basic airplane and flight information, and in-seat power supply 
systems that provide power to less than 20 percent of the total 
passenger seats.
    Items considered during the review include the following:
    [sbull] Can the electrical bus(es) supplying power to the IFE 
system be deenergized when necessary without removing power from 
systems that may be required for continued safe flight and landing?
    [sbull] Can IFE system power be removed when required without 
pulling IFE system circuit breakers (i.e., is there a switch (dedicated 
to the IFE system or a combination of loads) located in the flight deck 
or cabin that can be used to remove IFE power?)?
    [sbull] If the IFE system requires changes to flight crew 
procedures, has the airplane flight manual (AFM) been properly amended?
    [sbull] If the IFE system requires changes to cabin crew 
procedures, have they been properly amended?
    [sbull] Does the IFE system require periodic or special 
maintenance?
    In all, approximately 180 IFE systems approved by STC were reviewed 
by the

[[Page 1526]]

FAA. The review results indicate that potential unsafe conditions exist 
on some IFE systems installed on various transport category airplanes. 
These conditions can be summarized as:
    [sbull] Electrical bus(es) supplying power to the IFE system cannot 
be deenergized when necessary without removing power from systems that 
may be required for continued safe flight and landing.
    [sbull] Power cannot be removed from the IFE system when required 
without pulling IFE system circuit breakers (i.e., there is no switch 
dedicated to the IFE system or combination of systems for the purpose 
of removing power).
    [sbull] Installation of the IFE system has affected crew (flight 
crew and/or cabin crew) procedures, but the procedures have not been 
properly revised.

FAA's Determination

    As part of its review of IFE systems, the FAA has determined that 
an unsafe condition exists on Boeing Model 767-300 series airplanes 
modified by STC ST01869AT-D. The passenger entertainment system (PES) 
on these airplanes is connected to an electrical bus that cannot be 
deactivated without also removing power from airplane systems necessary 
for safe flight and landing. There is no other means to remove power 
from the PES. Additionally, the airplane manufacturer's published 
flight crew and cabin crew emergency procedures do not advise the 
flight crew and cabin crew that power cannot be removed from the PES. 
This condition, if not corrected, could result in inability to remove 
power from the PES during a non-normal or emergency situation, and 
consequent inability to control smoke or fumes in the airplane flight 
deck or cabin.

Explanation of Relevant Service Information

    The FAA has reviewed and approved TIMCO Service Bulletin TSB-767-
23-005, Revision J, dated August 29, 2001; as revised by TIMCO 
Engineering Change Orders TSB-767-23-005, Revision J, K1, dated 
September 10, 2001; K2, dated September 18, 2001; and K3, dated 
September 28, 2001. That service bulletin describes procedures for 
modifying the PES by installing two new relays and additional wiring so 
that the power switch located in the flight compartment can be used to 
remove power completely from the PES. The service documents also 
describe procedures for installing a switch guard on the power switch 
for the PES. Accomplishment of the actions specified in the service 
bulletin is intended to adequately address the identified unsafe 
condition.
    The FAA also has reviewed and approved TIMCO Airplane Flight Manual 
Supplement for Boeing B767-300, TIM-AFM-01034, Revision A, dated 
October 12, 2001, which revises the procedures under the heading 
``Electrical Smoke or Fire'' in the ``Emergency Procedures'' section of 
the AFM to provide instructions for the cabin crew to remove power from 
the PES in an emergency.

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 that may be 
registered in the United States at some time in the future, this AD is 
being issued to ensure that the airplane crew is able to remove 
electrical power from the PES when necessary and is advised of 
appropriate procedures for such action. Inability to remove power from 
the PES during a non-normal or emergency situation could result in 
inability to control smoke or fumes in the airplane flight deck or 
cabin. This AD requires accomplishment of the actions specified in the 
service bulletin described previously. This AD also would require 
revising procedures to be followed in the event of smoke or fire in the 
airplane, as contained under the heading ``Electrical Smoke or Fire'' 
in the ``Emergency Procedures'' section of the AFM. Accomplishment of 
these actions is intended to adequately address the identified unsafe 
condition.
    In developing an appropriate compliance time for this action, the 
FAA considered not only the degree of urgency associated with 
addressing the subject unsafe condition, but the amount of time 
necessary to accomplish the proposed actions, and the practical aspect 
of accomplishing the proposed actions within an interval of time that 
parallels normal scheduled maintenance for the affected operators. In 
consideration of these factors, the FAA has determined that 18 months 
after the effective date of this AD represents an appropriate interval 
of time allowable wherein an acceptable level of safety can be 
maintained.

Other Relevant Rulemaking

    The FAA has previously issued several ADs that address unsafe 
conditions and require corrective actions similar to those that will be 
required by this AD. These other ADs, and the airplane models and STCs 
to which they apply, are as follows:

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            Model/Series                      STC Number                           AD Reference
----------------------------------------------------------------------------------------------------------------
Airbus A340-211.....................  ST0902AC-D................  AD 2001-18-01, amendment 39-12427
                                                                  (66 FR 46939, September 10, 2001)
Boeing 737-300......................  ST00171SE.................  AD 2001-14-10, amendment 39-12321
                                                                  (66 FR 36455, July 12, 2001)
Boeing 737-700......................  ST09100AC-D...............  AD 2001-14-12, amendment 39-12323
                                      ST09104AC-D...............  (66 FR 36452, July 12, 2001)
                                      ST09105AC-D...............
                                      ST09106AC-D...............
Boeing 747-100 and -200.............  SA8622SW..................  AD 2001-14-11, amendment 39-12322
                                                                  (66 FR 36453, July 12, 2001)
Boeing 747-100 and -200.............  ST00196SE.................  AD 2001-16-19, amendment 39-12388
                                                                  (66 FR 43068, August 17, 2001)
Boeing 747-400......................  SA8843SW..................  AD 2001-14-15, amendment 12326
                                                                  (66 FR 36447, July 12, 2001)
Boeing 747SP........................  ST09097AC-D...............  AD 2001-14-14, amendment 39-12325
                                                                  (66 FR 36449, July 12, 2001)
Boeing 757-200......................  SA1727GL..................  AD 2001-14-01, amendment 39-12311
                                                                  (66 FR 36149, July 11, 2001)
Boeing 767-200......................  SA4998NM..................  AD 2001-16-21, amendment 39-12390
                                                                  (66 FR 43072, August 17, 2001)

[[Page 1527]]

 
Boeing 767-200......................  SA5134NM..................  AD 2001-16-20, amendment 39-12389
                                                                  (66 FR 43066, August 17, 2001)
Boeing 767-200......................  ST09022AC-D...............  AD 2001-14-13, amendment 39-12324
                                                                  (66 FR 36450, July 12, 2001)
Boeing 767-300......................  SA5765NM..................  AD 2001-16-17, amendment 39-12386
                                      SA5978NM..................  (66 FR 42937, August 16, 2001)
Boeing 767-300......................  SA7019NM-D................  AD 2001-18-08, amendment 39-12434
                                                                  (66 FR 46517, September 6, 2001)
Boeing 767-300......................  ST00118SE.................  AD 2001-14-04, amendment 39-12314
                                                                  (66 FR 36699, July 13, 2001)
Boeing 767-300......................  ST00157SE.................  AD 2001-16-18, amendment 39-12387
                                                                  (66 FR 43070, August 17, 2001)
McDonnell Douglas DC-9-51 and DC-9-   SA8026NM..................  AD 2001-14-02, amendment 39-12312
 83.                                                              (66 FR 36456, July 12, 2001)
McDonnell Douglas DC-10-30..........  SA8452SW..................  AD 2001-16-22, amendment 39-12391
                                                                  (66 FR 43074, August 17, 2001)
McDonnell Douglas DC-10-30..........  ST00054SE.................  AD 2001-13-03, amendment 39-12313
                                                                  (66 FR 36150, July 11, 2001)
----------------------------------------------------------------------------------------------------------------

Cost Impact

    None of the 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.
    Should an affected airplane be imported and placed on the U.S. 
Register in the future, it would require approximately 17 work hours to 
accomplish the required actions, at an average labor rate of $60 per 
work hour. Based on these figures, the cost impact of this AD would be 
$1,020 per airplane.

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.
    Submit comments using the following format:
    [sbull] Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
    [sbull] For each issue, state what specific change to the AD is 
being requested.
    [sbull] Include justification (e.g., reasons or data) for each 
request.
    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 2002-NM-56-AD.'' The postcard will be date stamped and 
returned to the commenter.

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:


[[Page 1528]]


2002-26-14 Boeing: Amendment 39-13002. Docket 2002-NM-56-AD.
    Applicability: Model 767-300 series airplanes modified by 
supplemental type certificate (STC) ST01869AT-D, 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 ensure that the airplane crew is able to remove 
electrical power from the passenger entertainment system (PES) when 
necessary and is advised of appropriate procedures for such action, 
accomplish the following:

Modification and Airplane Flight Manual Revision

    (a) Within 18 months after the effective date of this AD, 
accomplish paragraphs (a)(1) and (a)(2) of this AD.
    (1) Modify the PES system installed on the airplane according to 
TIMCO Service Bulletin TSB-767-23-005, Revision J, dated August 29, 
2001; as revised by TIMCO Engineering Change Orders TSB-767-23-005, 
Revision J, K1, dated September 10, 2001; K2, dated September 18, 
2001; and K3, dated September 28, 2001.
    (2) Before further flight after accomplishing paragraph (a)(1) 
of this AD, revise the procedures under ``Electrical Smoke or Fire'' 
in the ``Emergency Procedures'' section of the FAA-approved airplane 
flight manual (AFM) to include TIMCO Airplane Flight Manual 
Supplement for Boeing B767-300, TIM-AFM-01034, Revision A, dated 
October 12, 2001. When the information in that AFM supplement has 
been incorporated into the FAA-approved general revisions of the 
AFM, the general revisions may be incorporated into the AFM, and the 
AFM supplement may be removed from the AFM.

Part Installation

    (b) As of the effective date of this AD, no person may install a 
PES on any airplane according to STC ST01869AT-D, unless the PES is 
modified and the AFM is revised according to 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, Atlanta 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, Atlanta ACO.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Atlanta 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 TIMCO Service 
Bulletin TSB-767-23-005, Revision J, dated August 29, 2001; as 
revised by TIMCO Engineering Change Order TSB-767-23-005, Revision 
J, K1, dated September 10, 2001; TIMCO Engineering Change Order TSB-
767-23-005, Revision J, K2, dated September 18, 2001; and TIMCO 
Engineering Change Order TSB-767-23-005, Revision J, K3, dated 
September 28, 2001; and TIMCO Airplane Flight Manual Supplement for 
Boeing B767-300, TIM-AFM-01034, Revision A, dated October 12, 2001; 
as applicable. TIMCO Service Bulletin TSB-767-23-005, Revision J, 
dated August 29, 2001, includes the following effective pages:

----------------------------------------------------------------------------------------------------------------
                                            Revision letter shown on
               Page number                            page                         Date shown on page
----------------------------------------------------------------------------------------------------------------
1-25.....................................  J.........................  August 29, 2001.
------------------------------------------
                                   Engineering Change Order TSB-767-23-005, K1
----------------------------------------------------------------------------------------------------------------
1-9......................................  J.........................  September 10, 2001.
------------------------------------------
                                   Engineering Change Order TSB-767-23-005, K2
----------------------------------------------------------------------------------------------------------------
1-9......................................  J.........................  September 18, 2001.
------------------------------------------
                                   Engineering Change Order TSB-767-23-005, K3
----------------------------------------------------------------------------------------------------------------
1-2......................................  J.........................  September 28, 2001.
------------------------------------------
----------------------------------------------------------------------------------------------------------------

    (Only the title page of the service bulletin and the first page 
of the Engineering Change Orders contain the issue date of those 
documents; no other page of those documents contains this 
information.) 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 TIMCO Engineered 
Systems, Inc., 623 Radar Road, Greensboro, North Carolina 27410. 
Copies may be inspected at the FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington; or at the FAA, Atlanta 
Aircraft Certification Office, One Crown Center, 1895 Phoenix 
Boulevard, suite 450, Atlanta, Georgia; 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 January 28, 2003.

    Issued in Renton, Washington, on December 27, 2002.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-50 Filed 1-10-03; 8:45 am]
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