AD 2004-03-01

This AD becomes effective March 11, 2004. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the regulations as of March 11, 2004. The incorporation by reference of certain other publications, as listed in the regulations, was approved previously by the Director of the Federal Register as of March 7, 2003 (68 FR 4897; January 31, 2003).

You can get the service information identified in this AD from Air Cruisers Company, Technical Publications Department, P.O. Box 180, Belmar, NJ 07719-0180; telephone: (732) 681-3527; fax: (732) 280-8212.

You may examine the AD docket, by appointment, at the FAA, New England Region, Office of the Regional Counsel, 12 New England Executive Park, Burlington, MA. You may examine the service information, by appointment, at the FAA, New England Region, Office of the Regional Counsel, 12 New England Executive Park, Burlington, MA; or at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

Leung Lee, Aerospace Engineer, New York Aircraft Certification Office, FAA, Engine and Propeller Directorate, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone (516) 228-7309; fax (516) 794-5531.

The FAA proposed to amend 14 CFR part 39 with a proposed AD. The proposed AD applies to a certain Air Cruisers Company Emergency Evacuation Slide/Raft System. We published the proposed AD in the Federal Register on July 18, 2003 (68 FR 42647). That action proposed the same requirements as AD 2003-03-11 but replaces the specific slide/raft system P/N dash numbers with the word “-series”, reduces the number of affected slide/raft systems to the SNs identified in paragraph (g) of the proposed AD, and eliminates mandating the utilization of the applicable Folding Procedures for subsequent repacking of all slide/raft systems of the same design during the normal scheduled maintenance.

We provided the public the opportunity to participate in the development of this AD. We have considered the comments received.

Two commenters state that the incorporation by reference of Folding Procedures, P-12054 and P12064, both Revision F, dated March 12, 1999, are not the latest revision. One commenter states that they have been folding the slides to the latest revision G, dated February 1, 2002. Both commenters request that the final rule reference Revision G, dated February 1, 2002, or an approved later revision.

The FAA partially agrees. We agree that the AD should reference Revision G of the Folding Procedures, dated February 1, 2002. We revised compliance paragraphs (f)(1), (f)(2), and (g) in the AD to reflect Folding Procedures, P-12054 and P12064, of Revisions G, dated February 1, 2002. We also agree that any slide/raft systems that have already been repacked to Air Cruisers Company Folding Procedures, P-12054 and P12064, of Revision F, dated March 12, 1999, or Revision G, dated February 1, 2002, are considered to be in full compliance with the AD.

We do not agree with changing the AD to reference Revision G, dated February 1, 2002 or an approved later revision. The Administrative Procedures Act requires that all service documents incorporated by reference in ADs be approved and a copy retained by the Office of the Federal Register. A reference to the “later revision” of a service document is a reference to a document that does not yet exist, and therefore, to a service document for which the FAA cannot yet obtain the approval for incorporation by reference. Operators may request an alternate method of compliance (AMOC) to utilize later revisions of the service document as specified in paragraph (j) of this AD.

One commenter states that the AD creates no greater impact than the original AD and agrees with the proposal as written.

We have carefully reviewed the available data, including the comments received, and determined that air safety and the public interest require adopting the AD as proposed.

On July 10, 2002, we issued a new version of 14 CFR part 39 (67 FR 47998, July 22, 2002), which governs the FAA's AD system. That regulation now includes material that relates to altered products, special flight permits, and alternative methods of compliance. The material previously was included in each individual AD. Since the material is included in 14 CFR part 39, we will not include it in future AD actions.

There are approximately 388 slide/raft systems of the affected design in the worldwide fleet. We estimate that 74 slide/raft systems installed on airplanes of U.S. registry would be affected by this AD. We also estimate that it would take approximately 5 work hours per slide/raft system to perform the repacking, and that the average labor rate is $60 per work hour. Based on these figures, the total cost of the AD to U.S. operators is estimated to be $22,200.

We have determined that 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.

We prepared a summary of the costs to comply with this AD and placed it in the AD Docket. You may get a copy of this summary by sending a request to us at the address listed under ADDRESSES. Include “AD Docket No. 99-NE-31-AD” in your request.

Accordingly, under the authority delegated to me by the Administrator, the Federal Aviation Administration amends 14 CFR part 39 as follows:

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

2. The FAA amends § 39.13 by removing Amendment 39-13035 (68 FR 4897, January 31, 2003) and by adding a new airworthiness directive, Amendment 39-13445, to read as follows: