[Federal Register Volume 66, Number 160 (Friday, August 17, 2001)]
[Rules and Regulations]
[Pages 43070-43072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20585]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-233-AD; Amendment 39-12387; AD 2001-16-18]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767-300 Series Airplanes 
Modified by Supplemental Type Certificate ST00157SE

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to all Boeing Model 767-300 series airplanes modified by 
supplemental type certificate ST00157SE, that requires modification of 
the electrical circuits that supply power to the in-flight 
entertainment (IFE) system. This action is necessary to prevent the 
inability of the flight crew to remove power from the IFE system when 
necessary. Inability to remove power from the IFE system during a non-
normal or emergency situation could result in inability to control 
smoke or fumes in the airplane flight deck or cabin. This action is 
intended to address the identified unsafe condition.

DATES: Effective September 21, 2001.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of September 21, 2001.

ADDRESSES: The service information referenced in this AD may be 
obtained from JAMCO America, Inc., 1018 80th Street SW., Everett, 
Washington 98023. This information may be examined at the Federal 
Aviation Administration (FAA), Transport Airplane Directorate, Rules 
Docket, 1601 Lind Avenue, SW., Renton, Washington; or at the Office of 
the Federal Register, 800 North Capitol Street, NW., suite 700, 
Washington, DC.

FOR FURTHER INFORMATION CONTACT: Stephen S. Oshiro, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98055-
4056; telephone (425) 227-2793; fax (425) 227-1181.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to all Boeing Model 767-300 series 
airplanes modified by supplemental type certificate (STC) ST00157SE was 
published in the Federal Register on March 29, 2001 (66 FR 17121). That 
action proposed to require modification of the electrical circuits that 
supply power to the in-flight entertainment (IFE) system.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.
    One commenter states that it does not operate any of the airplanes 
affected by the proposed AD, and thus has no comment.

Use Modification Developed by Airplane Manufacturer

    One commenter requests that the FAA revise the proposed AD to 
require modification per procedures developed by the airplane 
manufacturer (Boeing) rather than by the STC holder (JAMCO America). 
The commenter states that a modification developed by the airplane 
manufacturer is appropriate because installation of an IFE system per 
the subject STC does not change the power distribution from the 
production configuration. The commenter states that it acknowledges the 
intent of the proposed AD, but it would prefer a solution developed by 
Boeing to ensure commonality among all Boeing Model 767-300 series 
airplanes. The commenter notes that such commonality is important for 
operating and maintenance procedures. The commenter also adds that, if 
the FAA adopts its recommendation, the compliance time for the proposed 
AD should be extended to allow time for Boeing to release a service 
bulletin and for the affected operators to do the modification.
    We do not concur with the commenter's request. The IFE system--
including the electrical components and wiring that provides electrical 
power to the system--was installed by the STC holder and is not common 
to all Boeing Model 767-300 series airplanes. The fact that 
installation of the subject IFE system was approved by STC indicates 
that it represents a major change from the design previously approved 
under the type certificate for the Model 767-300 series airplanes. As 
such, the STC

[[Page 43071]]

holder, not the airplane manufacturer, is responsible for the 
development of corrective actions for potential unsafe conditions 
related to any part of the airplane modified per the STC.
    Further, contrary to what the commenter states, the installation of 
the IFE system by the subject STC does include wiring changes, as well 
as the redesignation and reassignment of several circuit breakers in 
the P37 Right Miscellaneous Equipment Panel on the airplane. The 
development of an appropriate modification necessitates knowledge of 
the wiring and circuit breaker changes involved with installation of 
the system. We cannot assume that the airplane manufacturer has the 
necessary engineering data, since these data are proprietary to the 
holder of the subject STC.
    Also, since the STC holder has already developed appropriate 
service information (as described in the proposed AD), there is no 
reason to extend the compliance time as requested by the commenter. No 
change to the final rule is necessary in this regard.

Conclusion

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule as proposed.

Cost Impact

    There are approximately 49 Model 767-300 series airplanes modified 
by STC ST00157SE in the worldwide fleet. The FAA estimates that 49 
airplanes of U.S. registry will be affected by this AD, that it will 
take approximately 3 work hours per airplane to accomplish the required 
actions, and that the average labor rate is $60 per work hour. Required 
parts will cost approximately $80 per airplane. Based on these figures, 
the cost impact of this AD on U.S. operators is estimated to be 
$12,740, or $260 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the requirements of this AD 
action, and that no operator would accomplish those actions in the 
future if this AD were not adopted. The cost impact figures discussed 
in AD rulemaking actions represent only the time necessary to perform 
the specific actions actually required by the AD. These figures 
typically do not include incidental costs, such as the time required to 
gain access and close up, planning time, or time necessitated by other 
administrative actions.

Regulatory Impact

    The regulations adopted herein will not have a substantial direct 
effect on the States, on the relationship between the national 
Government and the States, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); and (3) will not have a 
significant economic impact, positive or negative, on a substantial 
number of small entities under the criteria of the Regulatory 
Flexibility Act. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (14 CFR part 39) as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

2001-16-18  Boeing: Amendment 39-12387. Docket 2000-NM-233-AD.
    Applicability: Model 767-300 series airplanes modified by 
supplemental type certificate (STC) ST00157SE, certificated in any 
category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (c) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent the inability of the flight crew to remove power from 
the in-flight entertainment (IFE) system when necessary; which, 
during a non-normal or emergency situation, could result in 
inability to control smoke or fumes in the airplane flight deck or 
cabin; accomplish the following:

Modification

    (a) Within 18 months after the effective date of this AD, modify 
the electrical circuits that supply power to the IFE system in 
accordance with JAMCO America Service Bulletin 767-25-M019, dated 
August 30, 2000.

Spares

    (b) As of the effective date of this AD, no person shall install 
an IFE system in accordance with STC ST00157SE on any airplane, 
unless it is modified in accordance with this AD.

Alternative Methods of Compliance

    (c) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Seattle Aircraft Certification 
Office (ACO), FAA. Operators shall submit their requests through an 
appropriate FAA Principal Maintenance Inspector, who may add 
comments and then send it to the Manager, Seattle ACO.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Seattle ACO.

Special Flight Permits

    (d) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.

Incorporation by Reference

    (e) The actions shall be done in accordance with JAMCO America 
Service Bulletin 767-25-M019, dated August 30, 2000. This 
incorporation by reference was approved by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. Copies may be obtained from JAMCO America, Inc., 1018 80th 
Street SW, Everett, Washington 98023. Copies may be inspected at the 
FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington; or at the Office of the Federal Register, 800 North 
Capitol Street, NW., suite 700, Washington, DC.

Effective Date

    (f) This amendment becomes effective on September 21, 2001.


[[Page 43072]]


    Issued in Renton, Washington, on August 9, 2001.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-20585 Filed 8-16-01; 8:45 am]
BILLING CODE 4910-13-U