[Federal Register Volume 76, Number 36 (Wednesday, February 23, 2011)]
[Proposed Rules]
[Pages 9984-9987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4046]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2011-0139; Directorate Identifier 2010-CE-057-AD]
RIN 2120-AA64
Airworthiness Directives; B/E Aerospace, Continuous Flow
Passenger Oxygen Mask Assembly, Part Numbers 174006-(), 174080-(),
174085-(), 174095-(), 174097-(), and 174098-()
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above, except for those that are currently affected by
similar action through any of five ADs applicable to Boeing products.
This proposed AD would require an inspection/records check to determine
the manufacturer and part number of the oxygen mask assemblies
installed, an inspection to determine the manufacturing date and
modification status if certain oxygen mask assemblies are installed,
and corrective action for certain oxygen mask assemblies. This proposed
AD was prompted by a report that several oxygen mask assemblies with
broken in-line flow indicators were found following a mask deployment.
We are proposing this AD to prevent the in-line flow indicators of the
oxygen mask assembly from fracturing and separating, which could
inhibit oxygen flow to the masks. This condition could consequently
result in occupants developing hypoxia following a depressurization
event.
DATES: We must receive comments on this proposed AD by April 11, 2011.
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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For service information identified in this proposed AD, contact B/E
Aerospace, 10800 Pflumm Road, Lenexa, Kansas 66215; telephone: 913-888-
9800; fax: 913-469-8419; Internet: http://www.beaerospace.com. You may
review copies of the referenced service information at the FAA, Small
Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call 816-
329-4148.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.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 proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (phone: 800-647-5527) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT: David Fairback, Aerospace Engineer,
Wichita Aircraft Certification Office, FAA, 1801 Airport Road, Room
100, Wichita, Kansas 67209; telephone: (316) 946-4154; fax: (316) 946-
4107; e-mail: [email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2011-0139;
Directorate Identifier 2010-CE-057-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will
[[Page 9985]]
consider all comments received by the closing date and may amend this
proposed AD because of those comments.
We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
We received a report that several oxygen mask assemblies with
broken in-line flow indicators were found following a mask deployment.
That report prompted us to issue the following ADs:
AD 2007-26-06, amendment 39-15308 (72 FR 71210, December
17, 2007), for certain Boeing Model 747-200B, 747-300, and 747-400
series airplanes identified in Boeing Service Bulletin 747-35-2119,
dated November 30, 2006;
AD 2008-08-08, amendment 39-15460 (73 FR 19982, April 14,
2008), for certain Boeing Model 757-200, 757-200CB, 757-200PF, and 757-
300 series airplanes identified in Boeing Special Attention Service
Bulletin 757-35-0028, dated April 9, 2007;
AD 2008-12-05, amendment 39-15548 (73 FR 32996, June 11,
2008), for certain Boeing Model 777-200, 777-200LR, 777-300, and 777-
300ER series airplanes identified in Boeing Special Attention Service
Bulletin 777-35-0019, dated March 9, 2006;
AD 2008-13-21, amendment 39-15584 (73 FR 37781, July 2,
2008), for certain Boeing Model 767-200, 767-300, and 767-400ER series
airplanes identified in Boeing Special Attention Service Bulletin 767-
35-0054, dated July 6, 2006; and
AD 2010-14-06, amendment 39-16351 (75 FR 38014, July 1,
2010), for certain Boeing Model 737-200, 737-300, 737-400, and 737-500
series airplanes identified in Boeing Special Attention Service
Bulletin 737-35-1099, Revision 1, dated April 23, 2009.
Those ADs require an inspection to determine the manufacturer and
manufacture date of certain oxygen mask assemblies and corrective
action if necessary. We issued those ADs to prevent the in-line flow
indicators of the oxygen mask assembly from fracturing and separating,
which could inhibit oxygen flow to the masks. This condition could
consequently result in occupants developing hypoxia following a
depressurization event.
Actions Since Existing ADs Were Issued
Since we issued the ADs listed in the previous section, we
determined that the oxygen mask assemblies on the affected aircraft
have the same flow indicators as those installed on certain oxygen mask
assemblies manufactured under B/E Aerospace Technical Standard Order
Authorization (TSOA) for Technical Standard Order (TSO) TSO-C64 and
TSO-C64A. Articles manufactured under a TSOA may be installed on
various aircraft by a supplemental type certificate or field approval.
Therefore, we have determined that aircraft other than those identified
in the ADs listed in the previous section may also be subject to the
identified unsafe condition.
This condition, if not corrected, could result in the in-line flow
indicators of the oxygen mask assembly fracturing and separating, which
could inhibit oxygen flow to the masks and consequently result in
occupants developing hypoxia following a depressurization event.
Relevant Service Information
We reviewed B/E Aerospace Service Bulletin 174080-35-04, Rev 000,
dated September 6, 2010. The service information describes procedures
for identifying an affected oxygen mask assembly and modifying the
oxygen mask assembly by replacing the in-line flow indicator with an
improved in-line flow indicator.
FAA's Determination
We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.
Proposed AD Requirements
This proposed AD would require accomplishing the actions specified
in the service information described previously.
Differences Between the Proposed AD and the Service Information
B/E Aerospace Service Bulletin 174080-35-04, Rev 000, dated
September 6, 2010, lists all affected oxygen mask assembly part
numbers; including part numbers listed in B/E Aerospace Service
Bulletin 174080-35-01, February 6, 2006 (original issue); Revision 1,
dated May 1, 2006; and Revision 2, dated May 28, 2008. The oxygen mask
assemblies affected by AD 2007-26-06, AD 2008-08-08, AD 2008-12-05, AD
2008-13-21, or AD 2010-14-06 are not affected by this proposed AD.
Costs of Compliance
We estimate that this proposed AD affects 400,000 oxygen mask
assemblies.
We estimate the following costs to comply with this proposed AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
Replace the in-line flow indicator 0.5 work-hour x $85 $6.00 $48.50 $19,400,000
per mask. per hour = $42.50.
----------------------------------------------------------------------------------------------------------------
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 proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD 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 power and responsibilities among the various levels of government.
[[Page 9986]]
For the reasons discussed above, I certify this proposed
regulation:
(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),
(3) Will not affect intrastate aviation in Alaska, and
(4) 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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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. The FAA amends Sec. 39.13 by adding the following new
airworthiness directive (AD):
B/E Aerospace: Docket No. FAA-2011-0139; Directorate Identifier
2010-CE-057-AD.
Comments Due Date
(a) We must receive comments by April 11, 2011.
Affected ADs
(b) None. This AD does not revise or supersede any existing ADs.
The following ADs address the unsafe condition described in
paragraph (e) of this AD for certain installations on certain Boeing
airplanes:
(1) AD 2007-26-06, amendment 39-15308 (72 FR 71210, December 17,
2007), for certain Boeing Model 747-200B, 747-300, and 747-400
series airplanes identified in Boeing Service Bulletin 747-35-2119,
dated November 30, 2006;
(2) AD 2008-08-08, amendment 39-15460 (73 FR 19982, April 14,
2008), for certain Boeing Model 757-200, 757-200CB, 757-200PF, and
757-300 series airplanes identified in Boeing Special Attention
Service Bulletin 757-35-0028, dated April 9, 2007;
(3) AD 2008-12-05, amendment 39-15548 (73 FR 32996, June 11,
2008), for certain Boeing Model 777-200, 777-200LR, 777-300, and
777-300ER series airplanes identified in Boeing Special Attention
Service Bulletin 777-35-0019, dated March 9, 2006;
(4) AD 2008-13-21, amendment 39-15584 (73 FR 37781, July 2,
2008), for certain Boeing Model 767-200, 767-300, and 767-400ER
series airplanes identified in Boeing Special Attention Service
Bulletin 767-35-0054, dated July 6, 2006; and
(5) AD 2010-14-06, amendment 39-16351 (75 FR 38014, July 1,
2010), for certain The Boeing Company Model 737-200, 737-300, 737-
400, and 737-500 series airplanes identified in Boeing Special
Attention Service Bulletin 737-35-1099, Revision 1, dated April 23,
2009.
Applicability
(c) This AD applies to B/E Aerospace, Continuous Flow Passenger
Oxygen Mask Assembly; Part Numbers 174006-(), 174080-(), 174085-(),
174095-(), 174097-(), and 174098-() as listed in B/E Aerospace
Service Bulletin 174080-35-04, Rev 000, dated September 6, 2010,
that are installed on any aircraft except for those Boeing airplanes
specified in the ADs referenced in paragraphs (b)(1), (b)(2),
(b)(3), (b)(4), and (b)(5) of this AD.
Note: The service bulletin lists the part numbers with a suffix
of ``XX.'' The TSO Index lists the part numbers with the suffix of
``().'' For the purposes of this AD, we have used ``().''
Subject
(d) Joint Aircraft System Component (JASC)/Air Transport
Association (ATA) of America Code 35: Oxygen.
Unsafe Condition
(e) This AD was prompted by a report that several oxygen mask
assemblies with broken in-line flow indicators were found following
a mask deployment. We are issuing this AD to prevent the in-line
flow indicators of the oxygen mask assembly from fracturing and
separating, which could inhibit oxygen flow to the masks. This
condition could consequently result in occupants developing hypoxia
following a depressurization event.
Compliance
(f) Comply with this AD within the compliance times specified,
unless already done.
Records Check/Inspection
(g) Within 36 months after the effective date of this AD or
within 6,500 hours time-in-service after the effective date of this
AD, whichever occurs first, do the following:
(1) Do a records check to determine if any oxygen mask assembly
part number listed in B/E Aerospace Service Bulletin 174080-35-04,
Rev 000, dated September 6, 2010, is installed. If you cannot
positively determine the manufacturer and part number of any oxygen
mask assembly installed, do a general visual inspection to determine
if any oxygen mask assembly part number listed in B/E Aerospace
Service Bulletin 174080-35-04, Rev 000, dated September 6, 2010, is
installed. If you can positively determine that no oxygen mask
assembly part number listed in B/E Aerospace Service Bulletin
174080-35-04, Rev 000, dated September 6, 2010, is installed, no
further action is required by this paragraph.
(2) If, as a result of the records check/inspection required in
paragraph (g)(1) of this AD, you determine that an oxygen mask
assembly part number listed in B/E Aerospace Service Bulletin
174080-35-04, Rev 000, dated September 6, 2010, is installed,
inspect the oxygen mask assembly to determine if the in-line flow
indicator must be replaced following paragraph II.A. of B/E
Aerospace Service Bulletin 174080-35-04, Rev 000, dated September 6,
2010. If you can positively determine that the in-line flow
indicator does not require replacement, no further action is
required by this paragraph.
Modification/Replacement
(h) Before further flight after the inspection in paragraph
(g)(2) of this AD where you determined the in-line flow indicator
must be replaced, modify the oxygen mask assembly by replacing the
in-line flow indicator following B/E Aerospace Service Bulletin
174080-35-04, Rev 000, dated September 6, 2010. As an alternative to
modifying the oxygen mask assembly, you may replace the oxygen mask
assembly with an airworthy oxygen mask assembly FAA-approved for
installation on the aircraft.
Parts Installation
(i) As of the effective date of this AD, no person may install a
B/E Aerospace oxygen mask assembly having a part number listed in B/
E Aerospace Service Bulletin 174080-35-04, Rev 000, dated September
6, 2010, with a manufacturing date on or after January 1, 2002, and
before March 1, 2006, on any aircraft, unless it has been modified
in accordance with the requirements of paragraph (h) of this AD.
Alternative Methods of Compliance (AMOCs)
(j)(1) The Manager, Wichita Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in the Related Information
section of this AD.
(2) Before using any approved AMOC, notify your Principal
Maintenance Inspector or Principal Avionics Inspector, as
appropriate, or lacking a principal inspector, your local Flight
Standards District Office.
Related Information
(k) For more information about this AD, contact David Fairback,
Aerospace Engineer, Wichita ACO, FAA, 1801 Airport Road, Room 100,
Wichita, Kansas 67209; telephone: (316) 946-4154; fax: (316) 946-
4107; e-mail: [email protected].
(l) For service information identified in this AD, contact B/E
Aerospace, 10800 Pflumm Road, Lenexa, Kansas 66215; telephone: 913-
888-9800; fax: 913-469-8419; Internet: http://www.beaerospace.com.
You may review copies of the referenced service information at the
FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri
64106. For information on the availability of this material at the
FAA, call 816-329-4148.
[[Page 9987]]
Issued in Kansas City, Missouri, on February 15, 2011.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2011-4046 Filed 2-22-11; 8:45 am]
BILLING CODE 4910-13-P