[Federal Register Volume 75, Number 104 (Tuesday, June 1, 2010)]
[Rules and Regulations]
[Pages 30292-30294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12173]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0272; Directorate Identifier 2010-CE-009-AD;
Amendment 39-16310; AD 2010-11-05]
RIN 2120-AA64
Airworthiness Directives; AVOX Systems and B/E Aerospace Oxygen
Cylinders as Installed on Various 14 CFR Part 23 and CAR 3 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
AVOX Systems and B/E Aerospace oxygen cylinders, as installed on
various 14 CFR part 23 or CAR 3 airplanes. This AD requires you to
inspect for and remove substandard oxygen cylinders from the airplane.
This AD was prompted by the reported rupture of a high-pressure gaseous
oxygen cylinder, which had insufficient strength characteristics due to
improper heat treatment. We are issuing this AD to prevent an oxygen
cylinder from rupturing, which, depending on the location, could result
in structural damage and rapid decompression of the airplane, damage to
adjacent essential flight equipment, deprivation of the necessary
oxygen supply for the flightcrew, and injury to cabin occupants or
other support personnel.
DATES: This AD becomes effective on July 6, 2010.
On July 6, 2010, the Director of the Federal Register approved the
incorporation by reference of certain publications listed in this AD.
ADDRESSES: For service information identified in this AD, contact B/E
Aerospace, Inc., Commercial Aircraft Products Group, RGA Department,
10800 Pflumm Road, Lenexa, Kansas 66215; telephone: (913) 338-9800;
fax: (913) 338-8419; Internet: http://www.beaerospace.com; and AVOX
Systems, 225 Erie Street, Lancaster, New York 14086-9502; telephone:
(716) 683-5100; fax: (716) 681-1089; Internet: http://www.avoxsys.com,
as applicable.
To view the AD docket, go to U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue, SE., Washington, DC 20590, or on the Internet at
http://www.regulations.gov. The docket number is FAA-2010-0272;
Directorate Identifier 2010-CE-009-AD.
[[Page 30293]]
FOR FURTHER INFORMATION CONTACT: David Hirt, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone: (816) 329-4050; fax: (816) 329-4090; e-mail:
[email protected].
SUPPLEMENTARY INFORMATION:
Discussion
On March 11, 2010, 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 AVOX Systems and B/E Aerospace oxygen cylinders,
as installed on various 14 CFR part 23 or CAR 3 airplanes. This
proposal was published in the Federal Register as a notice of proposed
rulemaking (NPRM) on March 17, 2010 (75 FR 12713). The NPRM proposed to
require removing the affected oxygen cylinder from various 14 CFR part
23 or CAR 3 airplanes and replacing it with a serviceable oxygen
cylinder.
Comments
We provided the public the opportunity to participate in developing
this AD. We received no comments on the proposal or on the
determination of the cost to the public.
Conclusion
We have carefully reviewed the available data and determined that
air safety and the public interest require adopting the AD as proposed
except for minor editorial corrections. We have determined that these
minor corrections:
Are consistent with 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.
Costs of Compliance
We estimate that this AD will affect 10,000 airplanes in the U.S.
registry.
We estimate the following costs to do the inspection:
----------------------------------------------------------------------------------------------------------------
Total cost on U.S.
operators based on
Total cost per all airplanes
Labor cost Parts cost airplane having the affected
oxygen cylinder
installed
----------------------------------------------------------------------------------------------------------------
0.5 work-hour x $85 per hour = $42.50.... Not applicable............. $42.50 $425,000
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We estimate the following costs to do any necessary removal and
replacement that will be required based on the results of the
inspection. We have no way of determining the number of airplanes that
may need this replacement:
------------------------------------------------------------------------
Total cost per
Labor cost Parts cost airplane
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2 work-hours x $85 per hour = $1,675 $1,845
$170.........................
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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 AD.
Regulatory Findings
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 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
other information as included in the Regulatory Evaluation) 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 ``Docket
No. FAA-2010-0272; Directorate Identifier 2010-CE-009-AD'' in your
request.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, under 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
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. FAA amends Sec. 39.13 by adding the following new AD:
2010-11-05 AVOX Systems and B/E Aerospace: Amendment 39-16310;
Docket No. FAA-2010-0272; Directorate Identifier 2010-CE-009-AD.
Effective Date
(a) This AD becomes effective on July 6, 2010.
[[Page 30294]]
Affected ADs
(b) None.
Applicability
(c) This AD applies to oxygen cylinders with a capacity of 114/
115 cubic feet, approved under United States Department of
Transportation Regulations for Type 3HT cylinders, identified in
Table 1 of this AD. These oxygen cylinders may be installed on
various 14 CFR part 23 and CAR 3 airplanes, certificated in any
category. The affected oxygen cylinders may be installed as a
component of, but not limited to, the AVOX Systems Inc. and B/E
Aerospace cylinder assemblies listed in Table 2 of this AD.
Table 1--Affected Oxygen Cylinder Serial Numbers (S/N)
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Cylinder manufacturer Affected S/N
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AVOX Systems.......................... ST82307 through ST82309.
ST82335 through ST82378.
ST82385 through ST82506, except
ST82498 (out of service).
ST82550 through ST82606.
ST82617 through ST82626.
ST83896 through ST83905.
ST84209 through ST84218.
ST84224 through ST84236.
ST86138, ST86143, ST86145,
ST86150, ST86169, ST86172, and
ST86177.
ST86299 through ST86307.
B/E Aerospace......................... K495120 through K495121.
K629573 through K629577.
K674451 through K674455.
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Table 2--Affected Oxygen Cylinder Assembly Part Numbers (P/N)
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Manufacturer P/Ns
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AVOX Systems.......................... \*\6350A34 series, 800112-03,
800112-10, 800112-13, 801293-
03, 801307-00, 801307-01,
801307-02, 801307-03, 801307-
07, 801307-09, 801307-23,
801307-24, 801365-04, 801365-
14, 801375-00, 801977-05, and
\*\8915 series.
(\*\For example, 6350A34-X-X or
8915XX-XX, where ``X'' denotes
a P/N digit.)
B/E Aerospace......................... 176018-115, 176112-115, 176177-
115, 176181-115, and 176529-97.
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Subject
(d) Air Transport Association of America (ATA) Code 35: Oxygen.
Unsafe Condition
(e) This AD was prompted by the reported rupture of a high-
pressure gaseous oxygen cylinder, which had insufficient strength
characteristics due to improper heat treatment. We are issuing this
AD to prevent an oxygen cylinder from rupturing, which, depending on
the location, could result in structural damage and rapid
decompression of the airplane, damage to adjacent essential flight
equipment, deprivation of the necessary oxygen supply for the
flightcrew, and injury to cabin occupants or other support
personnel.
Compliance
(f) To address this problem, you must do the following, unless
already done:
(1) Within 60 days after July 6, 2010 (the effective date of
this AD), inspect the oxygen cylinder installed in the airplane to
determine the serial number. The serial number is stamped into the
steel cylinder near the neck. A review of airplane records is
acceptable in lieu of this inspection if the serial number of the
oxygen cylinder can be positively determined from that review. For
any oxygen cylinder that has a serial number identified in Table 1
of this AD, before further flight, remove it from the airplane and
replace it with a serviceable oxygen cylinder. Do the inspection and
removal following B/E Aerospace Service Bulletin 176000-35-01, dated
November 2, 2009; and Zodiac Aerospace AVOX Systems, Inc. Service
Bulletin 6084-34-35-01, Revision 1, dated December 9, 2009, as
applicable.
(2) As of July 6, 2010 (the effective date of this AD), do not
install on any airplane a United States Department of Transportation
Type 3HT oxygen cylinder that has a serial number identified in
Table 1 of this AD.
Note: United States Department of Transportation hazardous
materials regulations apply to the shipping of oxygen cylinders.
Alternative Methods of Compliance (AMOCs)
(g) The Manager, Standards Office, 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: David Hirt, Aerospace
Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301,
Kansas City, Missouri 64106; telephone: (816) 329-4050; fax: (816)
329-4090; e-mail: [email protected]. Before using any approved AMOC
on any airplane to which the AMOC applies, notify your appropriate
principal inspector (PI) in the FAA Flight Standards District Office
(FSDO), or lacking a PI, your local FSDO.
Material Incorporated by Reference
(h) You must use B/E Aerospace Service Bulletin 176000-35-01,
dated November 2, 2009; and Zodiac Aerospace AVOX Systems, Inc.
Service Bulletin 6084-34-35-01, Revision 1, dated December 9, 2009,
to do the actions required by this AD, unless the AD specifies
otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this AD, contact B/E
Aerospace, Inc., Commercial Aircraft Products Group, RGA Department,
10800 Pflumm Road, Lenexa, Kansas 66215; telephone: (913) 338-9800;
fax: (913) 338-8419; Internet: http://www.beaerospace.com; and AVOX
Systems, 225 Erie Street, Lancaster, New York 14086-9502; telephone:
(716) 683-5100; fax: (716) 681-1089; Internet: http://www.avoxsys.com, as applicable.
(3) You may review copies of the service information
incorporated by reference for this AD at the FAA, Central Region,
Office of the Regional Counsel, 901 Locust, Kansas City, Missouri
64106. For information on the availability of this material at the
Central Region, call (816) 329-3768.
(4) You may also review copies of the service information
incorporated by reference for this AD at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
Issued in Kansas City, Missouri, on May 13, 2010.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2010-12173 Filed 5-28-10; 8:45 am]
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