A proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an airworthiness directive (AD) that is applicable to all Boeing 767-300 series airplanes modified by supplemental type certificate (STC) SA5765NM or SA5978NM was published in the Federal Register on March 2, 2001 (66 FR 13192). That action proposed to require removal of the in-flight entertainment (IFE) system installed by those STCs. \n\nComments \n\n\tInterested persons have been afforded an opportunity to participate in the making of this amendment. Due consideration has been given to the single comment received. \n\nAllow Modification of Installed IFE Systems \n\n\tThe commenter questions why the FAA is proposing to require removal of IFE systems installed per STC SA5765NM or SA5978NM rather than modification of the installed systems. The commenter states that a modification that transfers power from the main to the utility power bus, or that installs a master powerswitch for the IFE system on the video control center, along with appropriate changes to flight crew and cabin crew procedures, would adequately address the identified unsafe condition. The commenter also notes that it operates two Boeing Model 767-300 series airplanes affected by the proposed AD and is contracting with the STC holder for modification of the installed IFE system on these airplanes. \n\n\tWe concur with the commenter's request to allow modification of the subject IFE systems in lieu of removal of these systems. We stated in the proposed rule that the STC holder informed us that IFE systems installed by STC SA5765NM or SA5978NM had been removed from all affected airplanes. Based on the commenter's statements, however, we now know that there are at least two Model 767-300 series airplanes in the worldwide fleet with the subject IFE systems still installed. \n\n\tThe FAA concurs with the commenter that it may be possible to modify the subject IFE systems to adequately address the unsafe condition. Therefore, we have revised paragraph (a) of this AD to provide two options for compliance: \n\n\t1. Removal of the subject IFE system per a method approved by the FAA (as proposed). Or, \n\n\t2. Modification of the subject IFE system to provide the flight crew or cabin crew with a means of removing electrical power from the IFE system equipment and wiring during a non-normal or emergency situation involving smoke or fire on the flight deck or in the passenger cabin. Depending on the method of modification, it may also be necessary to revise the Airplane Flight Manual and cabin crew procedures manual to provide the airplane crew with information regarding the use of the power switches or controls installed during the modification. If this compliance option is chosen, the modification and any necessary manual revisions must be done per a method approved by the FAA. \n\n\tAdditionally, we have revised the Cost Impact section of this AD based on the information provided by the commenter, and paragraph (b) of this AD to state that installation of an IFE system per STC SA5765NM or SA5978NM after the effective date of this AD is prohibited unless the modification of the IFE system is done per this AD. Lastly, a new Note 2 has been added (and a subsequent note renumbered) to explain that, as part of the modification, it may be necessary to revise crew procedures. \n\nConclusion \n\n\tAfter careful review of the available data, including the comment noted above, the FAA has determined that air safety and the public interest require the adoption of the rule with the changes previously described. The FAA has determined that these changes will neither increase the economic burden on any operator nor increase the scope of the AD. \n\nCost Impact \n\n\tThe holder of the STCs previously informed the FAA that the subject IFE systems have been removed from all affected Boeing Model 767-300 series airplanes modified by STC SA5765NM or SA5978NM. However, based oninformation provided by a commenter to the proposal, we now know that there are at least 2 Model 767-300 series airplanes of the affected design in the worldwide fleet. These airplanes are currently operated by a non-U.S. operator under foreign registry; therefore, they are not directly affected by this AD action. The FAA knows of no airplanes of U.S. registry that will be affected by this AD. Therefore, the FAA expects that there will be no future cost impact on U.S. operators as a result of the adoption of this rule. \n\n\tIf a U.S.-registered airplane subject to this AD is identified, the FAA estimates that removal of the IFE system, which is provided as one option for compliance with this AD, will take approximately 12 work hours per airplane, at an average labor rate of $60 per work hour. Based on these figures, the cost impact of this AD on an affected airplane is estimated to be $720 per airplane. \n\n\tIn lieu of removing the IFE system, this AD provides for modification of theIFE system. Since we have not yet approved any such modification, we do not know what the cost impact would be. However, based on the estimates for modification of another IFE system installed on Model 767-300 series airplanes, if a U.S.-registered airplane subject to this AD is identified, we estimate that it will take approximately 50 work hours per airplane to accomplish the modification, at an average labor rate of $60 per work hour. The cost of required parts is unknown. Based on these figures, we estimate the labor required for such a modification on an affected airplane to be $3,000 per airplane. \n\n\tThe cost impact figures discussed in most AD actions are based on assumptions that no operator has yet accomplished any of the requirements, and that no operator would accomplish those actions in the future if the AD were not adopted. The cost impact figures discussed in AD rulemaking actions represent only the time necessary to perform the specific actions actually required by theAD. These figures typically do not include incidental costs, such as the time required to gain access and close up, planning time, or time necessitated by other administrative actions. \n\nRegulatory Impact \n\n\tThe 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. \n\n\tFor 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. Afinal 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. \n\nList of Subjects in 14 CFR Part 39 \n\n\tAir transportation, Aircraft, Aviation safety, Safety. \n\nAdoption of the Amendment \n\n\tAccordingly, 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: \n\nPART 39--AIRWORTHINESS DIRECTIVES \n\n\t1. The authority citation for part 39 continues to read as follows: \n\n\tAuthority: 49 U.S.C. 106(g), 40113, 44701. \n\nSec. 39.13 (Amended) \n\n\t2. Section 39.13 is amended by adding the following new airworthiness directive: