SUPPLEMENTARY INFORMATION:

Discussion

What is the background of the subject matter? Cessna designed add-on shoulder harness assembly accessory kits for the pilot/co-pilot seats for certain Cessna airplanes. These shoulder harness assemblies incorporate a retainer spring in the adjuster on the upper and lower shoulder harness. The retainer spring may have been inadvertently installed on the belt friction pin. This installation of the spring in the upper shoulder harness adjuster will not allow the belt webbing to lock in place.

This caused us to issue AD 86-26-04, Amendment 39-5503 (52 FR 520, January 7, 1987). AD 86-26-04 currently requires the following on certain Cessna 120, 140, 140A, 150, F150, 170, 172, F172, FR172, P172D, 175, 177, 180, 182, 185, A185E, 190, 195, 205, 205A, 206, P206, P206E, TP206A, TU206, TU206E, U206, U206E, 207, T207, 210, T210, 336, 337, and T337 series airplanes:

—Inspecting the upper shoulder harness adjuster for the presence of a retainer spring;

—If a retainer spring is found, removing the retainer spring; and

—Stamping out the -401 identification number.

What has happened since AD 86-26-04 to initiate this action? We have received reports that additional airplanes have the same unsafe condition. Cessna has revised the related service information to include these additional airplanes.

Cessna also revised the service information to correct the reference to the part number (P/N) of the shoulder harness adjusters. The P/N is referenced as 44030-401 in Cessna Single Engine Service Bulletin SEB86-8 and Cessna Multi-engine Service Bulletin MEB86-22, both dated November 21, 1986. The correct P/N is 443030-401.

What is the potential impact if FAA took no action? If not corrected, the shoulder harness could fail to maintain proper belt length adjustment and ( printed page 55944) tension. Such failure could result in pilot/co-pilot injury.

Has FAA taken any action to this point? We issued a proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an AD that would apply to certain Cessna Models 120, 140, 140A, 150, F150, 170, 172, F172, FR172, P172D, 175, 177, 180, 182, 185, A185E, 190, 195, 206, P206, U206, TP206, TU206, 207, T207, 210, T210, 336, 337, and T337 series airplanes. This proposal was published in the Federal Register as a supplemental notice of proposed rulemaking (NPRM) on February 27, 2004 (69 FR 9277). The supplemental NPRM proposed to supersede AD 86-26-04 with a new AD that would require you to:

—Inspect the upper shoulder harness adjuster for the presence of a retainer spring;

—If a retainer spring is found, remove the retainer spring; and

—Stamp out the -401 identification number.

Was the public invited to comment? The FAA encouraged interested persons to participate in the making of this amendment. The following presents the comment received on the proposal and FAA's response to the comment:

Comment Issue: Clarify Whether Retainer Springs, Part Number (P/N) 443030-401, Used in Cessna Service Kits Are Affected by This AD

What is the commenter's concern? The commenter states that there is confusion about whether retainer springs, P/N 443030-401, used in Cessna service kits are affected by this AD. The commenter states that the service kits are different and unrelated to the shoulder harness assembly accessory kits referenced in the AD. The commenter believes this is confusing and may result in a mechanic cutting the spring on the service kit adjusters in an effort to comply with this AD.

The commenter wants us to put a note in the AD to clarify that Cessna service kits that incorporate the use of P/N 443030-401 are not affected by this AD.

What is FAA's response to the concern? We concur with the commenter and will add a paragraph in the AD for clarification. We will change the final rule AD action based on this comment.

Conclusion

What is FAA's final determination on this issue? We carefully reviewed all available information related to the subject presented above and determined that air safety and the public interest require the adoption of the rule as proposed except for the changes discussed above and minor editorial corrections. We have determined that these changes and minor corrections:

—Provide the intent that was proposed in the NPRM for correcting the unsafe condition; and

—Do not add any additional burden upon the public than was already proposed in the NPRM.

Changes to 14 CFR Part 39—Effect on the AD

How does the revision to 14 CFR part 39 affect this AD? On July 10, 2002, the FAA published a new version of 14 CFR part 39 (67 FR 47997, July 22, 2002), which governs the FAA's AD system. This regulation now includes material that relates to altered products, special flight permits, and alternative methods of compliance. This material previously was included in each individual AD. Since this material is included in 14 CFR part 39, we will not include it in future AD actions.

Costs of Compliance

How many airplanes does this AD impact? We estimate that this AD affects 75,329 airplanes in the U.S. registry.

What is the cost impact of this AD on owners/operators of the affected airplanes? We estimate the following costs to accomplish the inspection:

We estimate the following costs to accomplish any necessary modification that will be required based on the results of this inspection. We have no way of determining the number of airplanes that may need this modification:

What is the difference between the cost impact of this AD and the cost impact of AD 86-26-04? The difference is the addition of 26 airplanes to the applicability section of this AD. There is no difference in cost to perform the inspection and the modification.

Regulatory Findings

Will this AD impact various entities? 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.

Will this AD involve a significant rule or regulatory action? 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 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.

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. 2003-CE-40-AD” in your request.

Adoption of the Amendment

Accordingly, under the authority delegated to me by the Administrator, ( printed page 55945) the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows:

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

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

2. The FAA amends § 39.13 by removing Airworthiness Directive (AD) 86-26-04, Amendment 39-5503 ( 52 FR 520, January 7, 1987), and by adding a new AD to read as follows:

2004-19-04 Cessna Aircraft Company: Amendment 39-13795; Docket No. 2003-CE-40-AD; Supersedes AD 86-26-04, Amendment 39-5503.

When Does This AD Become Effective?

(a) This AD becomes effective on November 1, 2004.

What Other ADs Are Affected by This Action?

(b) This AD supersedes AD 86-26-04, Amendment 39-5503.

What Airplanes Are Affected by This AD?

(c) This AD affects the following airplane models and serial numbers that are certificated in any category and incorporate one of the Cessna accessory kits specified in paragraph (d) of this AD.

( printed page 55947)

What Cessna Accessory Kits Are Affected by This AD?

(d) The following is a list of the affected Cessna accessory kits:

Note:

Retainer springs, part number (P/N) 443030-401, used in Cessna service kits are not affected by this AD.

What Is the Unsafe Condition Presented in This AD?

(e) The actions specified in this AD are intended to prevent slippage of the pilot/co-pilot shoulder harness, which could result in failure of the shoulder harness to maintain proper belt length adjustment and tension. This failure could result in pilot/co-pilot injury.

What Must I Do To Address This Problem?

(f) To address this problem, you must do the following:

(g) If you did the actions of this AD using Cessna Single Engine Service Bulletin SEB86-8 and Cessna Multi-engine Service Bulletin MEB86-22, both dated November 21, 1986, no further action is required as long as you used shoulder harness adjuster, P/N 443030-401.

May I Request an Alternative Method of Compliance?

(h) You may request a different method of compliance or a different compliance time for this AD by following the procedures in 14 CFR 39.19. Unless FAA authorizes otherwise, send your request to your principal inspector. The principal inspector may add comments and will send your request to the Manager, Wichita Aircraft Certification Office (ACO), FAA. For information on any already approved alternative methods of compliance, contact Gary D. Park, Aerospace Engineer, FAA, Wichita Aircraft Certification Office, 1801 Airport Road, Room 100, Mid-Continent Airport, Wichita, Kansas 67209; telephone: (316) 946-4123; facsimile: (316) 946-4107.

Does This AD Incorporate Any Material by Reference?

(i) You must do the actions required by this AD following the instructions in Cessna Single Engine Service Bulletin SEB86-8, Revision 1, and Cessna Multi-engine Service Bulletin MEB86-22, Revision 1, both dated July 28, 2003. The Director of the Federal Register approved the incorporation by reference of this service bulletin in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may get a copy from Cessna Aircraft Company, Product Support, P.O. Box 7706, Wichita, Kansas 67277; telephone: (316) 517-5800; facsimile: (316) 942-9006. You may review copies at FAA, Central Region, Office of the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 64106; or at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC.