Airworthiness Directives; Boeing Model 767-200, -300, and -400ER Series Airplanes, 70267-70270 [E8-26920]
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Federal Register / Vol. 73, No. 225 / Thursday, November 20, 2008 / Rules and Regulations
(3) For airplanes on which replacement
parts are not available during the
replacement specified in paragraph (f)(2) of
this AD, do the actions in paragraphs (f)(3)(i)
and (f)(3)(ii) of this AD in accordance with
the Accomplishment Instructions of BAE
Systems (Operations) Limited Inspection
Service Bulletin ISB.53–194, dated January
10, 2007.
(i) Before further flight, temporarily
reinstall removed oversized bolts, provided
the bolts are serviceable.
(ii) Within 2,000 flight cycles after doing
the inspection required by paragraph (f)(1) of
this AD, replace all temporary oversized bolts
that were installed in accordance with
paragraph (f)(3)(i) of this AD.
(4) Where BAE Systems (Operations)
Limited Inspection Service Bulletin ISB.53–
194, dated January 10, 2007, specifies to
contact BAE Systems (Operations) Limited if
any defect is found in the second oversize
fastener bore, before further flight, contact
BAE Systems (Operations) Limited for repair
instructions and do the repair.
FAA AD Differences
Note 1: This AD differs from the MCAI
and/or service information as follows: No
differences.
Other FAA AD Provisions
(g) The following provisions also apply to
this AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. Send
information to ATTN: Todd Thompson,
Aerospace Engineer, International Branch,
ANM–116, Transport Airplane Directorate,
FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone (425)
227–1175; fax (425) 227–1149. 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.
(2) Airworthy Product: For any
requirement in this AD to obtain corrective
actions from a manufacturer or other source,
use these actions if they are FAA-approved.
Corrective actions are considered FAAapproved if they are approved by the State
of Design Authority (or their delegated
agent). You are required to assure the product
is airworthy before it is returned to service.
(3) Reporting Requirements: For any
reporting requirement in this AD, under the
provisions of the Paperwork Reduction Act,
the Office of Management and Budget (OMB)
has approved the information collection
requirements and has assigned OMB Control
Number 2120–0056.
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Related Information
(h) Refer to MCAI European Aviation
Safety Agency Airworthiness Directive 2007–
0277, dated November 5, 2007; and BAE
Systems (Operations) Limited Inspection
Service Bulletin ISB.53–194, dated January
10, 2007; for related information.
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18:21 Nov 19, 2008
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Material Incorporated by Reference
(i) You must use BAE Systems (Operations)
Limited Inspection Service Bulletin ISB.53–
194, dated January 10, 2007, to do the actions
required by this AD, unless the AD specifies
otherwise.
(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 BAE Systems Regional
Aircraft, 13850 McLearen Road, Herndon,
Virginia 20171; telephone 703–736–1080;
e-mail raebusiness@baesystems.com; Internet
https://www.baesystems.com/Businesses/
RegionalAircraft/index.htm.
(3) You may review copies 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: https://
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. E8–26918 Filed 11–19–08; 8:45 am]
BILLING CODE 4910–13–P
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
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
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
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70267
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 https://
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
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Federal Register / Vol. 73, No. 225 / Thursday, November 20, 2008 / Rules and Regulations
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.
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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
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18:21 Nov 19, 2008
Jkt 217001
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 postproduction 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.
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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 InFlight 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 nonessential 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 electricallycontrolled 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
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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
70269
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
Boeing Service
Bulletin
Model
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767–400ER series airplanes ...........
767–300 series airplanes ................
767–300 series airplanes ................
767–300 series airplanes ................
767–300 series airplanes ................
767–200 and ¥300 series airplanes
767–200 and ¥300 series airplanes
767–200 and ¥300 series airplanes
767–24–0147
767–24–0148
767–24–0149
767–24–0150
767–24–0151
767–24–0152
767–24–0153
767–24–0154
Parts
Cost per
airplane
10 ...................
Up to 59 .........
49 ...................
42 ...................
Up to 42 .........
42 ...................
42 ...................
9 .....................
$995 ...............
Up to 5,079 ....
4,077 ..............
5,812 ..............
Up to 10,047 ..
12,280 ............
7,751 ..............
1,257 ..............
$1,795 ............
Up to 9,799 ....
7,997 ..............
9,172 ..............
Up to 13,407 ..
15,640 ............
11,111 ............
1,977 ..............
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.
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.
Regulatory Findings
This AD will not have federalism
implications under Executive Order
13132. This AD will not have a
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
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18:21 Nov 19, 2008
Jkt 217001
List of Subjects in 14 CFR Part 39
PO 00000
Number of
U.S.-registered
airplanes
Work hours
Frm 00025
Fmt 4700
Sfmt 4700
U.S. fleet cost
2
0
7
1
0
86
5
10
$3,590
0
55,979
9,172
0
1,345,040
55,555
19,770
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 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.
§ 39.13
[Amended]
2. The FAA amends § 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.
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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 nonessential electrical systems during a nonnormal 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
Service information
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Boeing
Boeing
Boeing
Boeing
Boeing
Boeing
Boeing
Boeing
Service
Service
Service
Service
Service
Service
Service
Service
Bulletin
Bulletin
Bulletin
Bulletin
Bulletin
Bulletin
Bulletin
Bulletin
767–24–0147
767–24–0148
767–24–0149
767–24–0150
767–24–0151
767–24–0152
767–24–0153
767–24–0154
.....................................................................................................................................
.....................................................................................................................................
.....................................................................................................................................
.....................................................................................................................................
.....................................................................................................................................
.....................................................................................................................................
.....................................................................................................................................
.....................................................................................................................................
(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
DDCS@boeing.com; 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
VerDate Aug<31>2005
18:21 Nov 19, 2008
Date
Jkt 217001
February 20, 2003.
September 14, 2006.
September 14, 2006.
September 21, 2006.
September 14, 2006.
September 29, 2006.
September 29, 2006.
September 26, 2002.
Records Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030, or go
to: https://www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
DEPARTMENT OF TRANSPORTATION
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]
[Docket No. FAA–2008–0817; Airspace
Docket No. 08–ANE–101]
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14 CFR Part 71
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[Federal Register Volume 73, Number 225 (Thursday, November 20, 2008)]
[Rules and Regulations]
[Pages 70267-70270]
From the Federal Register Online via the Government Printing 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 https://
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
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of U.S.-
Model Boeing Service Work hours Parts Cost per airplane registered U.S. fleet cost
Bulletin airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
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.
--------------------------------------------------------------------------------------------------------------------------------------------------------
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
------------------------------------------------------------------------
Service information Date
------------------------------------------------------------------------
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
DDCS@boeing.com; 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: https://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
