[Federal Register: January 11, 2008 (Volume 73, Number 8)]
[Rules and Regulations]
[Page 1968-1970]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11ja08-4]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-0374; Directorate Identifier 2007-SW-02-AD;
Amendment 39-15313; AD 2007-26-11]
RIN 2120-AA64
Airworthiness Directives; Intertechnique Zodiac Aircraft Systems,
Oxygen Reserve Cylinders
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for comments.
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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
oxygen reserve cylinders. This AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country with which we have a bilateral agreement to identify
and correct an unsafe condition on an aviation product. The MCAI
describes the unsafe condition as:
This Airworthiness Directive (AD) is issued following
information concerning the risk of high-pressure oxygen cylinder
tearing with sudden emptying. These cylinders are used for missions
at high altitudes or to ensure respiratory air for passengers
feeling sick.
It has been demonstrated that the material characteristics of
the Aluminum Alloy 5283 (AA5283) from which the cylinders are
manufactured deteriorate in the course of time and may possibly lead
these oxygen cylinders to tear and abruptly vent aboard an aircraft.
This unsafe condition requires immediate action due to the risk of
oxygen cylinders exploding on board an aircraft and creating a fire
hazard. This AD requires actions that are intended to address this
unsafe condition.
[[Page 1969]]
DATES: This AD becomes effective January 28, 2008.
We must receive comments on this AD by March 11, 2008.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
Examining the AD Docket
You may examine the AD docket on the Internet at http://regulations.gov
or in person at the Docket Management Facility between
9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
AD docket contains this AD, the economic evaluation, any comments
received, and other information. The street address for the Docket
Office (telephone (800) 647-5227) is in the ADDRESSES section. Comments
will be available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Uday Garadi, Aviation Safety Engineer,
FAA, Rotorcraft Directorate, Regulations and Guidance Group, Fort
Worth, Texas 76193-0110, telephone (817) 222-5123, fax (817) 222-5961.
SUPPLEMENTARY INFORMATION:
Streamlined Issuance of AD
The FAA is implementing a new process for streamlining the issuance
of ADs related to MCAI. This streamlined process will allow us to adopt
MCAI safety requirements in a more efficient manner and will reduce
safety risks to the public. This process continues to follow all FAA AD
issuance processes to meet legal, economic, Administrative Procedure
Act, and Federal Register requirements. We also continue to meet our
technical decision-making responsibilities to identify and correct
unsafe conditions on U.S.-certificated products.
This AD references the MCAI and related service information that we
considered in forming the engineering basis to correct the unsafe
condition. The AD contains text copied from the MCAI and for this
reason might not follow our plain language principles.
Discussion
The European Aviation Safety Agency (EASA), which is the technical
agent for the member states of the European community, has issued EASA
AD No. 2006-0286R1, dated March 22, 2007, to correct an unsafe
condition for the specified products.
The MCAI states:
This Airworthiness Directive (AD) is issued following
information concerning the risk of high-pressure oxygen cylinder
tearing with sudden emptying. These cylinders are used for missions
at high altitudes or to ensure respiratory air for passengers
feeling sick.
It has been demonstrated that the material characteristics of
the Aluminum Alloy 5283 (AA5283) from which the cylinders are
manufactured deteriorate in the course of time and may possibly lead
these oxygen cylinders to tear and abruptly vent aboard an aircraft.
You may obtain further information by examining the MCAI and the
service information in the AD docket.
Relevant Service Information
Intertechnique has issued Service Bulletin No. GLD/GLF-35-150,
dated September 20, 2006 and Eurocopter has issued Alert Service
Bulletin Nos. 05.00.54 for the Model AS350B3 helicopters and 05.42 for
the Model SA 315B helicopters, both dated August 16, 2006. The actions
described in the MCAI are intended to correct the same unsafe condition
identified in the service information.
FAA's Determination and Requirements of This AD
The Model Airbus 300 series; Pilatus P-6; Dassault Aviation
Mystere-Falcon 20; Falcon 50, Falcon 200, and Falcon 900 airplanes;
Eurocopter AS350 and Eurocopter SA315 helicopters; and other aircraft
may be equipped with these oxygen reserve cylinders, which are not
approved by the Department of Transportation (DOT). Without the DOT
approval, these oxygen reserve cylinders are not eligible for use in
aircraft operating in the United States. Pursuant to our bilateral
agreement with France, the State of Design, we have been notified of
the unsafe condition described in the MCAI and service information. We
are issuing this AD because we evaluated all pertinent information and
determined the unsafe condition exists and is likely to exist or
develop on aircraft of various type designs.
Differences Between the AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in
general, agree with their substance. However, we have made the
following changes:
The MCAI requires removal of the affected oxygen cylinders
at specific time intervals; however, this AD requires removal before
further flight.
The MCAI requires certain procedures to be used for
emptying the cylinders as well as certain action for cylinders held as
spares.
These actions are beyond the scope of the action needed to correct
this unsafe condition and are not included in this AD. These
differences are highlighted in the ``Differences Between the FAA AD and
the MCAI'' section of this AD.
FAA's Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because of
the risk of oxygen cylinders exploding on board an aircraft and
creating a fire hazard. Therefore, we determined that notice and
opportunity for public comment before issuing this AD are impracticable
and that good cause exists for making this amendment effective in fewer
than 30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2007-0374; Directorate
Identifier 2007-SW-02-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
those comments.
We will post all comments we receive, without change, to http://regulations.gov
including any personal information you provide. We will
also post a report summarizing each substantive verbal contact we
receive about this AD.
Costs of Compliance
We estimate that this AD will affect about 468 aircraft of U.S.
registry. We also estimate that it will take about \1/2\ of a work-hour
per aircraft to remove the cylinders. The average labor rate is $80 per
work-hour. Based on these figures, we estimate the cost of this AD on
U.S.
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operators to be $4000, assuming that oxygen cylinders are installed on
100 aircraft.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We 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 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 an economic evaluation of the estimated costs to comply
with this AD and placed it in the AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
Adoption of the Amendment
0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
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]
0
2. The FAA amends Sec. 39.13 by adding the following new AD:
2007-26-11 Intertechnique Zodiac Aircraft Systems: Amendment 39-
15313. Docket No. FAA-2007-0374; Directorate Identifier 2007-SW-02-
AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective January
28, 2008.
Other Affected ADs
(b) None.
Applicability
(c) This AD applies to Intertechnique (F5341), aluminum alloy
AA5283, oxygen cylinders manufactured by Societe Metallurgique de
Gerzat SAS with GLD series, GLF series, PC2300 or SLF300 part
numbers, installed in any aircraft certificated in any category.
These oxygen reserve cylinders are installed on but not limited to
Model Airbus 300 series; Pilatus P-6; Dassault Aviation Mystere-
Falcon 20, Falcon 50, Falcon 200, and Falcon 900 airplanes; and
Eurocopter AS350 and Eurocopter SA315 helicopters.
Reason
(d) The mandatory continued airworthiness information (MCAI)
states:
This Airworthiness Directive (AD) is issued following
information concerning the risk of high-pressure oxygen cylinder
tearing with sudden emptying. These cylinders are used for missions
at high altitudes or to ensure respiratory air for passengers
feeling sick.
It has been demonstrated that the material characteristics of
the Aluminum Alloy 5283 (AA5283) from which the cylinders are
manufactured deteriorate in the course of time and may possibly lead
these oxygen cylinders to tear and abruptly vent aboard an aircraft.
Actions and Compliance
(e) Unless already done, remove any affected oxygen reserve
cylinder before further flight.
Differences Between the FAA AD and the MCAI
(f) This AD differs from the MCAI as follows:
(1) The MCAI requires removal of the affected oxygen cylinders
at specific time intervals; however, this AD requires removal before
further flight.
(2) The MCAI requires certain procedures to be used for emptying
the cylinders as well as certain action for cylinders held as
spares. These actions are beyond the scope of the action needed to
correct this unsafe condition and are not included in this AD.
Subject
(g) Air Transport Association of America (ATA) Code 3530:
Portable Oxygen System.
Other Information
(h) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
Safety Management Group, FAA, has the authority to approve AMOCs for
this AD, if requested using the procedures found in 14 CFR 39.19.
Send information to ATTN: Uday Garadi, Aviation Safety Engineer,
Regulations and Guidance Group, Fort Worth, Texas 76193-0110,
telephone (817) 222-5123, fax (817) 222-5961.
(2) Airworthy Product: Use only FAA-approved corrective actions.
Corrective actions are considered FAA-approved if they are approved
by the State of Design Authority (or their delegated agent) if the
State of Design has an appropriate bilateral agreement with the
United States. You are required to assure the product is airworthy
before it is returned to service.
(3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.
Related Information
(i) Mandatory Continuing Airworthiness Information (MCAI) EASA
Airworthiness Directive No. 2006-0286R1, dated March 22, 2007;
Intertechnique Service Bulletin No. GLD/GLF-35-150, dated September
20, 2006; and Eurocopter Alert Service Bulletin Nos. 05.00.54 for
the Model AS350B3 and 05.42 for the Model SA315B, both dated August
16, 2006, contain related information.
Issued in Fort Worth, Texas, on December 3, 2007.
David A. Downey,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. E7-25391 Filed 1-10-08; 8:45 am]
BILLING CODE 4910-13-P