[Federal Register Volume 68, Number 21 (Friday, January 31, 2003)]
[Rules and Regulations]
[Pages 4897-4900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1952]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-NE-31-AD; Amendment 39-13035; AD 2003-03-11]
RIN 2120-AA64


Airworthiness Directives; Air Cruisers Company Emergency 
Evacuation Slide/Rafts

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
is applicable to a certain Air Cruisers Company Emergency Evacuation 
Slide/Raft System. This amendment requires a one-time unpacking and 
subsequent repacking of the slide/raft system, identified by serial 
numbers (SN's), and mandates repacking of all other slide/raft systems 
of the same design at the next required normal maintenance schedule of 
the slide/ raft system. This amendment is prompted by reports of 
separation of the lower aspirator during a number of deployments. The 
actions specified by this AD are intended to prevent failure of the 
slide/raft to properly inflate, which could impede the emergency 
evacuation of passengers in the event of an airplane emergency.

DATES: Effective March 7, 2003. The incorporation by reference of 
certain publications listed in the regulations is approved by the 
Director of the Federal Register as of March 7, 2003.

ADDRESSES: The service information referenced in this AD may be 
obtained from Air Cruisers Company, Technical Publications Department, 
P.O. Box 180, Belmar, NJ 07719-0180; telephone: (732) 681-3527, fax: 
(732) 280-8212. This information may be examined, by appointment, at 
the Federal Aviation Administration (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.

FOR FURTHER INFORMATION CONTACT: Leung Lee, Aerospace Engineer, New 
York Aircraft Certification Office, FAA, Engine and Propeller 
Directorate, 10 Fifth Street, 3rd floor, Valley Stream, NY 11581-1200; 
telephone (516) 256-7509; fax (516) 568-2716.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an AD that is 
applicable to a certain Air Cruisers Company Emergency Evacuation 
Slide/Raft System was published in the Federal Register on November 9, 
1999 (64 FR 61042). That action proposed to require a one-time 
unpacking and subsequent repacking of affected slide/raft systems 
identified by SN's in accordance with Air Cruisers Company Service 
Bulletin (SB) 777-107-25-06, dated February 19, 1999, and repacking of 
all other slide/raft systems of the same design in accordance with Air 
Cruisers Company SB 777-107-25-06, dated February 19,

[[Page 4898]]

1999 and the applicable Air Cruisers Company Folding Procedures P-12054 
or P-12064, Revision E, dated October 14, 1998.

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.

Revise the Number of Affected Slide/Rafts

    Two commenters state that the proposal implies that the problem 
extends beyond the 93 affected slide/rafts that are listed by SN's in 
SB 777-107-25-06, dated February 19, 1999. In the proposed actions 
section, the proposal states that an unsafe condition has been 
identified that is likely to exist or develop on other emergency 
evacuation slide/raft systems of the same type design. The commenters 
disagree with this statement because at the time the problem was 
identified, a program was implemented to repack all slide/raft systems 
in inventory, leaving only those identified by SN's listed in the SB as 
affected.
    The FAA disagrees. Because emergency evacuation slide/raft systems 
of this same design are suspect to potential failure due to the use of 
improper folding instructions, this AD must address all emergency 
evacuation slide/raft systems of this same type design, including those 
specifically identified in the Air Cruisers Company Service Bulletin 
777-107-25-06.

Use One Compliance Time

    Two commenters request a one-time repacking compliance time of 
within 18 months after the effective date of this AD for all slide/
rafts, instead of the current proposed repacking within two months for 
slide/rafts identified by SN's, and repacking all other slide/rafts 
within 18 months after the effective date of this AD. This would make 
the associated risk consistent for all affected slide/rafts.
    The FAA disagrees. The FAA position is that there is still a risk 
of potential separation of the lower aspirator in this emergency 
evacuation slide/raft system. In the event of an emergency evacuation, 
even one slide/raft malfunction may be extremely dangerous. 
Furthermore, because the Air Cruisers Company Service Bulletin 777-107-
25-06, dated February 19, 1999 has been available for more than 18 
months, the burden of this AD should be less on all involved. 
Therefore, the FAA made no changes to the rule with respect to this 
request.

One-Time Repacking With No Repetitive Repacking

    Three commenters request that a one-time unpacking and subsequent 
repacking be done with no repetitive repacking procedure added to the 
regular maintenance of the airplane. Since the problem will be 
corrected with the one-time repacking, the need for repetitive 
repacking will be eliminated.
    The FAA partially agrees. A one-time unpacking and subsequent 
repacking of the 93 slide/raft systems identified by SN's per this AD 
is all that is required for conformance to this AD. The requirement of 
this AD for ``repetitive repacking'' is for addressing all other slide/
raft systems of the same design. These slide/raft systems are to be 
repacked at the next scheduled maintenance cycle within the compliance 
time of this AD in accordance with the applicable Air Cruisers Company 
Folding Procedures. The FAA will modify the wording ``repetitive 
repacking'' to read ``repacking of all other slide/raft systems of the 
same design.''

Revision Level of the Applicable Folding Procedures

    One commenter states that it is not appropriate to designate the 
folding procedure revision number since the procedure may be revised in 
the future. The commenter requests including ``or latest as revised'' 
to Folding Procedures P-12054 and P-12064, Revision E. Another 
commenter requests that the specific revision level of the applicable 
folding procedure not be listed at all.
    The FAA partially agrees. Since the proposal was issued, the FAA 
has determined that Folding Procedures P-12054 and P-12064, Revision E 
and earlier, are insufficent and are not to be used to comply with this 
AD. Repacking must be done in accordance with the applicable Air 
Cruisers Company Folding Procedure P-12054 or P-12064, Revision F, 
dated March 12, 1999, or later FAA approved revision, for all emergency 
evacuation slide/raft systems of the same design. Therefore paragraphs 
(a) through (d) of the AD is reworded, stating to repack the slide/raft 
systems in accordance with the applicable Air Cruisers Company Folding 
Procedure P-12054 (for left-hand slide/rafts), Revision F, dated March 
12, 1999, or later FAA approved revision, or Folding Procedure P-12064 
(for right-hand slide/rafts), Revision F, dated March 12, 1999, or 
later FAA approved revision.

Limit the Applicability

    One commenter requests removing the words `` but not limited to'' 
from the proposed AD applicability paragraph. Otherwise, unaffected 
owners/operators will have to spend resources in determining that 
compliance is unnecessary.
    The FAA disagrees. Although these emergency evacuation slide/raft 
systems are currently installed on Boeing 777-200 and -300 only, it is 
possible that these slide/raft systems could be installed on other 
airplanes. Therefore, the FAA made no changes to the rule with respect 
to this request.

Identify Only Basic Part Numbers

    One commenter requests that the AD remove the dash numbers from 
part numbers identifying the slide/raft systems, and use only the 
basic, open-ended part numbers. Then for part number details, refer to 
the effectivity of the applicable Air Cruisers Service Bulletin.
    The FAA disagrees. Open-ended slide/raft systems part numbers would 
cause any future part numbers to become falsely applicable to this AD. 
Therefore, the FAA made no changes to the rule with respect to this 
request.

Approval As-Written

    One commenter approves the proposal as-written.
    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 with the changes described 
previously. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Economic Analysis

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

Regulatory Analysis

    This final rule does not have federalism implications, as defined 
in Executive Order 13132, because it would not have a substantial 
direct effect on the States, on the relationship between the national 
government and the States, or on the distribution of

[[Page 4899]]

power and responsibilities among the various levels of government. 
Accordingly, the FAA has not consulted with state authorities prior to 
publication of this final rule.
    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 the 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 
by contacting 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 a new airworthiness directive 
to read as follows:

2003-03-11 Air Cruisers Company: Amendment 39-13035. Docket No. 99-
NE-31-AD.

Applicability

    This airworthiness directive (AD) is applicable to Air Cruisers 
Company Emergency Evacuation Slide/Raft System part numbers (P/N's) 
62774-401, 62774-402, 62774-403, 62774-404, 62774-405, 62774-406, 
62774-407 and 62774-408, with the affected slide/raft systems 
identified by the serial numbers (SN's) listed in the following 
Table 1:

                                       Table 1.--Affected Slide/Raft SN's
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      0203        0207        0220        0234       0235       0239       0241       0245       0250       0255
      0267        0277        0280        0302       0305       0306       0310       0312       0316       0318
      0320        0330        0332        0333       0335       0339       0342       0343       0344       0345
      0348        0349        0350        0351       0354       0355       0356       0358       0364       0365
      0366        0368        0369        0372       0373       0374       0376       0378       0379       0380
      0381        0384        0385        0388       0389       0390       0391       0392       0394       0395
      0396        0397        0398        0399       0402       0403       0404       0406       0408       0409
      0411        0413        0415        0417       0418       0419       0420       0421       0422       0423
      0425        0426        0427        0428       0429       0430       0431       0433       0438       0443
      0445        0455        0456  ..........  .........  .........  .........  .........  .........  .........
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These Emergency Evacuation Slide/Raft Systems are installed on, but 
not limited to Boeing 777-200 and -300 series airplanes.

    Note 1: This AD applies to each Emergency Evacuation Slide/Raft 
System identified in the preceding applicability provision, 
regardless of whether it has been modified, altered, or repaired. 
For Emergency Evacuation Slide/Raft Systems 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 (e) 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

    Compliance with this AD is required as indicated, unless already 
done.
    To prevent failure of the emergency evacuation slide/raft to 
properly inflate, which could impede the emergency evacuation of 
passengers in the event of an airplane emergency, do the following:

Repacking

    (a) For slide/raft systems identified by SN's as listed in Table 
1 of this AD, do the following in accordance with Accomplishment 
Instructions described in Air Cruisers Company SB 777-107-25-06, 
dated February 19, 1999, and the applicable Air Cruisers Company 
Folding Procedure P-12054 (for left-hand slide/rafts), Revision F, 
dated March 12, 1999, or later FAA approved revision, or Folding 
Procedure P-12064 (for right-hand slide/rafts), Revision F, dated 
March 12, 1999, or later FAA approved revision:
    (1) For slide/raft systems currently installed on airplanes, 
repack within 2 months after the effective date of this AD.
    (2) For uninstalled slide/raft systems, repack before 
installation.
    (b) Repack all slide/raft systems, excluding those identified in 
paragraph (a) of this AD, in accordance with the applicable Air 
Cruisers Company Folding Procedure P-12054 (for left-hand slide/
rafts), Revision F, dated March 12, 1999, or later FAA approved 
revision, or Procedure P-12064 (for right-hand slide/rafts), 
Revision F, dated March 12, 1999, or later FAA approved revision, at 
the next required normal maintenance schedule of the slide/raft 
system, or no later than 18 months after the effective date of this 
AD.
    (c) Emergency Evacuation Slide/Raft Systems which have already 
been repacked in accordance with the applicable Air Cruisers Company 
Folding Procedures P-12054 or P-12064, Revision F or later FAA 
approved revision, are considered in compliance to the requirements 
of paragraph (b) of this AD.
    (d) All subsequent repacking of the Emergency Slide/Raft System 
during the normal scheduled maintenance must be performed in 
accordance with the applicable Air Cruisers Company Folding 
Procedures P-12054 or P-12064, Revision F or later FAA approved 
revision.

Alternative Methods of Compliance

    (e) 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, New York Aircraft Certification 
Office. Operators must submit their request through an appropriate 
FAA Principal Maintenance Inspector, who may add comments and then 
send it to the Manager, New York Aircraft Certification Office.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this airworthiness directive, 
if any, may be obtained from the New York Aircraft Certification 
Office.

Special Flight Permits

    (f) Special flight permits may be issued in accordance with 
Sec. Sec.  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 done.

Documents That Have Been Incorporated by Reference

    (g) The repacking must be done in accordance with the following 
Air Cruisers Company service bulletin (SB) and Folding Procedures 
(FP):

[[Page 4900]]



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             Document No.                      Pages                  Revision                    Date
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SB 777-107-25-06 Total pages: 3.......  All................  Original.................  February 19, 1999.
P-12054 Total pages: 158..............  All................  F........................  March 12, 1999.
P-12064 Total pages: 156..............  All................  F........................  March 12, 1999.
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    The incorporations by reference were 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 Air Cruisers Company, Technical 
Publications Department, PO Box 180, Belmar, NJ 07719-0180; 
telephone: (732) 681-3527, fax: (732) 280-8212. Copies may be 
inspected 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.

Effective Date

    (h) This amendment becomes effective on March 7, 2003.

    Issued in Burlington, Massachusetts, on January 22, 2003.
Jay J. Pardee,
Manager, Engine and Propeller Directorate, Aircraft Certification 
Service.
[FR Doc. 03-1952 Filed 1-30-03; 8:45 am]
BILLING CODE 4910-13-P