[Federal Register Volume 73, Number 225 (Thursday, November 20, 2008)]
[Rules and Regulations]
[Pages 70267-70270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-26920]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-29045; Directorate Identifier 2007-NM-048-AD; 
Amendment 39-15736; AD 2008-23-15]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767-200, -300, and -400ER 
Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Boeing Model 767-200, -300, and -400ER series airplanes. This AD 
requires installing new relay(s), circuit breakers as applicable, and 
wiring to allow the flightcrew to turn off electrical power to the in-
flight entertainment (IFE) systems and certain circuit breakers through 
a utility bus switch, and doing other specified actions. This AD 
results from an IFE systems review. We are issuing this AD to ensure 
that the flightcrew is able to turn off electrical power to IFE systems 
and other non-essential electrical systems through a switch in the 
flight compartment. The flightcrew's inability to turn off power to IFE 
systems and other non-essential electrical systems during a non-normal 
or emergency situation could result in the inability to control smoke 
or fumes in the airplane flight deck or cabin.

DATES: This AD is effective December 26, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of December 26, 
2008.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this AD, the regulatory evaluation, 
any comments received, and other information. The address for the 
Docket Office (telephone 800-647-5527) is the Document Management 
Facility, U.S. Department of Transportation, Docket Operations, M-30, 
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., 
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Shohreh Safarian, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-
3356; telephone (425) 917-6418; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an airworthiness directive (AD) that would apply to 
certain Boeing Model 767-200, -300, and -400ER series airplanes. That 
NPRM was published in the Federal Register on August 24, 2007 (72 FR 
48591). That NPRM proposed to require installing new relay(s) and 
wiring to allow the flightcrew to turn off electrical power to the in-
flight entertainment (IFE) systems and certain circuit breakers through 
a utility bus switch, and doing other specified actions.

Explanation of Additional Requirement for Certain Airplanes

    For certain Model 767-300 series airplanes identified in Boeing 
Service Bulletin 767-24-0151, dated September 14, 2006, paragraph (g) 
of this AD would require installing circuit breakers. We

[[Page 70268]]

inadvertently omitted that action from the NPRM. Since none of these 
affected airplanes are on the U.S. registry, notice and opportunity for 
public comment before issuing this AD are unnecessary.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received from the three commenters.

Support for the NPRM

    Inflight Canada (IFC) and Japan Airlines (JAL) strongly support the 
intent of the NPRM.

Request To Clarify Analysis and Background of the IFE System Review

    JAL states that the technical analysis and engineering background 
of the IFE system should be clearly explained in the NPRM. JAL also 
states that the NPRM does not clearly address Transistor Transistor 
Logic (TTL) power consumption, location or quantity of the units, 
operation during flight, or system shutdown in the event of smoke. For 
example, JAL points out that the ``Discussion'' section of the NPRM 
states that the IFE review did not consider systems that provide only 
audio signals to each passenger seat or the passenger flight 
information system, and in-seat power supply (ISPS) systems that 
provide power to less than 20 percent of the total passenger seats. JAL 
states that the NPRM provides no engineering analysis as to why 40 
seats with an ISPS system are a concern on a 150-seat airplane, while 
60 seats with an ISPS system on a 350-seat airplane is not a concern. 
JAL also states that this kind of definition leads to confusion 
(including IFE development and configuration in the future). JAL also 
states that the technical definition and background on safety must be 
clear and properly understood by everyone.
    We infer that JAL requests that we clarify the analysis and 
background of the IFE system review, and we agree to provide 
clarification. The ``Discussion'' section of the NPRM provides the 
background information that led to FAA regulatory actions requiring the 
removal of power from complex IFE system installations in the event of 
smoke or fire, without affecting other systems essential for safe 
flight and landing and without the use of circuit breakers for power 
removal. JAL's concerns related to TTL power consumption, etc., are 
immaterial to correcting the unsafe condition, which is the inability 
to disconnect power from the IFE system in the event of smoke or fire. 
The FAA study focused on IFE installations that are complex in terms of 
electrical circuitry and power demands. This study excluded non-
essential systems that are simple in design and demand low power for 
operation. Due to the large number of ISPS installations, we reviewed 
only those ISPS installations that provided power to more than 20 
percent of the total passenger seats. However, the requirements of this 
AD apply to all airplanes that have any seats equipped with power 
supplies. The applicability of this AD is not limited only airplanes 
having more than 20 percent of the passenger seats equipped with power 
supplies. No change to the AD is necessary in this regard.

Request To Clarify That Instructions Are for Airplanes Modified After 
Delivery

    Boeing requests that we clarify, in the ``Relevant Service 
Information'' section of the NPRM, that the instructions in the 
referenced Boeing service bulletins are based upon the delivered 
product configuration. Boeing states that it is not obvious to 
operators that post-production modifications to the IFE system might 
require an alternative method of compliance (AMOC) to comply with the 
requirements of the AD.
    We agree that operators might not be able to accomplish the 
requirements of this AD on airplanes that have been modified or altered 
after airplane delivery. Section 39.17 of the Federal Aviation 
Regulations (14 CFR 39.17) specifically addresses this situation. If a 
change in a product affects one's ability to accomplish the actions 
required by an AD, then a request for FAA approval of an AMOC 
addressing that configuration must be submitted. The request should 
include the specific actions that address the unsafe condition, unless 
one can show that the change eliminated the unsafe condition. No change 
to the AD is necessary in this regard.

Recommendation To Locate Primary Switch in the Passenger Cabin

    IFC recommends that the primary switch to isolate any cabin system 
be located in the cabin, rather than in the cockpit. IFC states that, 
in most cases, the cabin crew will be the first to notice a problem, 
and that the additional time needed to notify the flightcrew will allow 
the problem to worsen if not immediately addressed by the trained cabin 
crew. Further, IFC states that the intercom system between the cabin 
crew and flightcrew could be damaged by the same event, and that any 
attempt to gain access via the fortified and locked flight deck door 
would only aggravate the situation.
    We partially agree. It is acceptable to install a secondary, 
redundant switch in the passenger cabin, in addition to installing the 
primary switch in the flight deck. The emergency IFE power removal 
switch must be located as close to the power source as possible, as 
required by FAA Policy Memorandum PS-ANM100-2000-00105, ``Interim 
Policy Guidance for Certification of In-Flight Entertainment Systems on 
Title 14 CFR Part 25 Aircraft,'' dated September 18, 2000; and FAA 
Policy Memorandum ANM-01-111-165, ``Policy Statement on Certification 
of Power Supply Systems for Portable Electronic Devices on Part 25 
Airplanes,'' dated March 18, 2005. This switch must also be accessible 
to the flightcrew, so that they can remove power from the IFE system in 
the event of smoke or fire in either the flight deck or passenger 
cabin. However, operators have the option of installing a secondary 
switch that is accessible to the cabin crew. It is not necessary to 
submit a request for an alternative method of compliance to install a 
secondary switch because the installation of a primary switch in the 
flight deck satisfies the requirements of this AD. We have not changed 
the AD in this regard.

Recommendation To Eliminate Power to All Components in the Cabin

    IFC recommends that the requirement to remove power from cabin 
systems, which are controlled by the passengers, be expanded to include 
systems such as electrically-controlled seats and ISPS systems, in 
addition to IFE systems. IFC states that, in most cases, the ISPS and 
seat adjustment systems carry much higher power loads than do the IFE 
components.
    We agree that the ISPS and electrically-controlled seat systems 
must also be addressed by this AD. We referred to these systems as 
``other non-essential electrical systems'' in the NPRM. However, we 
disagree that this AD must be expanded because those systems are 
already addressed by the applicable service bulletins referenced in 
this AD. The ISPS and electrically-controlled seat systems are treated 
as non-essential loads, which the service bulletin specifies to rewire 
so that they will be de-powered in the same way as the IFE systems. No 
change to the AD is necessary in this regard.

Request To Remove Certain Airplanes From the Applicability

    JAL states that the NPRM does not include IFE systems that provide 
only audio signals to each passenger seat, or IFE systems that have 
only a video

[[Page 70269]]

monitor on the forward bulkhead(s) or projection system for providing 
basic airplane and flight information to passengers. JAL also states 
that the effectivity of the referenced Boeing service bulletins does 
not identify Model 767 airplanes with traditional audio/video systems 
(for example, variable number (V/N) VB371 through VB373, VK001 through 
VK016, VK021, VK022, and VR441). JAL, therefore, asserts that airplanes 
having V/N VK181, VK186, and VR461 should be treated the same as those 
airplanes because the only difference in configuration is four 
additional bulkhead monitors, with the same power distribution design, 
to provide passengers in front row seats with a better angle for 
viewing video.
    We infer that JAL requests that we remove airplanes having V/N 
VK181, VK186, and VR461 from the applicability of this AD. We disagree 
with revising the applicability. The delivered configuration of the IFE 
systems installed on airplanes having V/Ns VK001 through VK016 do not 
meet the IFE complexity criteria for regulatory action at this time. 
Further, airplanes having V/N VB371 through VB373, VK021, and VK022 
were not included in the effectivity of the referenced Boeing service 
bulletins because those airplanes were delivered prior to 1992, and IFE 
systems installed prior to 1992 are not as complex as IFE systems 
installed later. Although the airplane having V/N VR441 was delivered 
after 1992, the delivered configuration of that airplane also did not 
meet our criteria for a complex system. That airplane was delivered 
with two monitors and three projectors, but our criteria for a complex 
system required a combination of seven or more components. We are 
continuing to evaluate such less-complex systems and might consider 
further rulemaking in the future. We have not changed the AD in this 
regard.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the change described previously. We also determined that 
the change will not increase the economic burden on any operator or 
increase the scope of the AD.

Costs of Compliance

    There are about 316 airplanes of the affected design in the 
worldwide fleet. The following table provides the estimated costs, at 
an average labor rate of $80 per hour, for U.S. operators to comply 
with this AD.

                                                                     Estimated Costs
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                                                                                                                        Number of U.S.-
              Model                Boeing Service        Work hours               Parts            Cost per  airplane      registered    U.S. fleet cost
                                      Bulletin                                                                             airplanes
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767-400ER series airplanes......      767-24-0147  10...................  $995.................  $1,795...............                2           $3,590
767-300 series airplanes........      767-24-0148  Up to 59.............  Up to 5,079..........  Up to 9,799..........                0                0
767-300 series airplanes........      767-24-0149  49...................  4,077................  7,997................                7           55,979
767-300 series airplanes........      767-24-0150  42...................  5,812................  9,172................                1            9,172
767-300 series airplanes........      767-24-0151  Up to 42.............  Up to 10,047.........  Up to 13,407.........                0                0
767-200 and -300 series               767-24-0152  42...................  12,280...............  15,640...............               86        1,345,040
 airplanes.
767-200 and -300 series               767-24-0153  42...................  7,751................  11,111...............                5           55,555
 airplanes.
767-200 and -300 series               767-24-0154  9....................  1,257................  1,977................               10           19,770
 airplanes.
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Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order 
13132. This AD 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.
    For the reasons discussed above, I certify that this AD:
    (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.
    You can find our regulatory evaluation and the estimated costs of 
compliance in the AD Docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2008-23-15 Boeing: Amendment 39-15736. Docket No. FAA-2007-29045; 
Directorate Identifier 2007-NM-048-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective December 26, 
2008.

Affected ADs

    (b) None.

[[Page 70270]]

Applicability

    (c) This AD applies to the airplanes identified in paragraphs 
(c)(1), (c)(2), and (c)(3) of this AD, certificated in any category.
    (1) Boeing Model 767-200 and -300 series airplanes, as 
identified in Boeing Service Bulletin 767-24-0152, dated September 
29, 2006; Boeing Service Bulletin 767-24-0153, dated September 29, 
2006; and Boeing Service Bulletin 767-24-0154, dated September 26, 
2002.
    (2) Boeing Model 767-300 series airplanes, as identified in 
Boeing Service Bulletin 767-24-0148, dated September 14, 2006; 
Boeing Service Bulletin 767-24-0149, dated September 14, 2006; 
Boeing Service Bulletin 767-24-0150, dated September 21, 2006; and 
Boeing Service Bulletin 767-24-0151, dated September 14, 2006.
    (3) Boeing Model 767-400ER series airplanes, as identified in 
Boeing Service Bulletin 767-24-0147, dated February 20, 2003.

Unsafe Condition

    (d) This AD results from an in-flight entertainment (IFE) 
systems review. We are issuing this AD to ensure that the flightcrew 
is able to turn off electrical power to IFE systems and other non-
essential electrical systems through a switch in the flight 
compartment. The flightcrew's inability to turn off power to IFE 
systems and other non-essential electrical systems during a non-
normal or emergency situation could result in the inability to 
control smoke or fumes in the airplane flight deck or cabin.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Installing New Relays on Certain Model 767-200 and -300 Series 
Airplanes

    (f) For the airplanes identified in paragraph (c)(1) of this AD: 
Within 60 months after the effective date of this AD, install new 
relays and wiring to allow the flightcrew to turn off electrical 
power to the IFE system and certain circuit breakers through the 
right utility bus switch and do all other specified actions, by 
accomplishing all of the applicable actions specified in the 
Accomplishment Instructions of Boeing Service Bulletin 767-24-0152, 
dated September 29, 2006; Boeing Service Bulletin 767-24-0153, dated 
September 29, 2006; and Boeing Service Bulletin 767-24-0154, dated 
September 26, 2002; as applicable. The other specified actions must 
be done before further flight after installing the new relays and 
wiring.

Installing New Relays on Certain Model 767-300 Series Airplanes

    (g) For the airplanes identified in paragraph (c)(2) of this AD: 
Within 60 months after the effective date of this AD, install new 
relay(s), circuit breakers as applicable, and wiring to allow the 
flightcrew to turn off electrical power to the IFE system and the 
IFE video and audio circuit breakers through the right utility bus 
switch and do all other specified actions as applicable, by 
accomplishing all of the applicable actions specified in the 
Accomplishment Instructions of Boeing Service Bulletin 767-24-0148, 
dated September 14, 2006; Boeing Service Bulletin 767-24-0149, dated 
September 14, 2006; Boeing Service Bulletin 767-24-0150, dated 
September 21, 2006; and Boeing Service Bulletin 767-24-0151, dated 
September 14, 2006; as applicable. The other specified actions must 
be done before further flight after installing the new relay(s) and 
wiring.

Installing New Relays on Certain Model 767-400ER Series Airplanes

    (h) For the airplanes identified in paragraph (c)(3) of this AD: 
Within 60 months after the effective date of this AD, install a new 
relay and wiring to allow the flightcrew to turn off electrical 
power to some of the IFE systems and certain circuit breakers 
through the left utility bus switch and do all other specified 
actions, by accomplishing all of the actions specified in the 
Accomplishment Instructions of Boeing Service Bulletin 767-24-0147, 
dated February 20, 2003. The other specified actions must be done 
before further flight after installing the new relay and wiring.

Alternative Methods of Compliance (AMOCs)

    (i)(1) The Manager, Seattle Aircraft Certification Office, FAA, 
ATTN: Shohreh Safarian, Aerospace Engineer, Systems and Equipment 
Branch, ANM-130S, FAA, Seattle ACO, 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; telephone (425) 917-6418; fax (425) 917-6590; 
has the authority to approve AMOCs for this AD, if requested using 
the procedures found in 14 CFR 39.19.
    (2) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your appropriate principal inspector (PI) in the FAA 
Flight Standards District Office (FSDO), or lacking a PI, your local 
FSDO.

Material Incorporated by Reference

    (j) You must use the service information contained in Table 1 of 
this AD, as applicable, to do the actions required by this AD, 
unless the AD specifies otherwise.

               Table 1--Material Incorporated by Reference
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         Service information                          Date
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Boeing Service Bulletin 767-24-0147..  February 20, 2003.
Boeing Service Bulletin 767-24-0148..  September 14, 2006.
Boeing Service Bulletin 767-24-0149..  September 14, 2006.
Boeing Service Bulletin 767-24-0150..  September 21, 2006.
Boeing Service Bulletin 767-24-0151..  September 14, 2006.
Boeing Service Bulletin 767-24-0152..  September 29, 2006.
Boeing Service Bulletin 767-24-0153..  September 29, 2006.
Boeing Service Bulletin 767-24-0154..  September 26, 2002.
------------------------------------------------------------------------

    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 
98124-2207; telephone 206-544-9990; fax 206-766-5682; e-mail 
[email protected]; Internet https://www.myboeingfleet.com.
    (3) You may review copies of the service information that is 
incorporated by reference at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the 
National Archives and Records Administration (NARA). For information 
on the availability of this material at NARA, call 202-741-6030, or 
go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on November 4, 2008.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft 
Certification Service.
[FR Doc. E8-26920 Filed 11-19-08; 8:45 am]
BILLING CODE 4910-13-P