[Federal Register Volume 59, Number 55 (Tuesday, March 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5940]


[[Page Unknown]]

[Federal Register: March 22, 1994]


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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 93-ANE-18; Amendment 39-8852; AD 94-06-04]

 

Airworthiness Directives; EROS Series MF10-[ ]-[ ] Full Face 
Quick Donning Mask Regulators

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to EROS series MF10-[ ]-[ ] full face quick donning mask 
regulators, that requires replacement of the face piece and the mask 
shell securing screw. This amendment is prompted by reports of the 
plastic pin breaking which secures the mask shell with the face piece. 
The actions specified by this AD are intended to prevent the failure of 
the pin securing the mask shell to the face piece, which could result 
in a mask leaking oxygen and the crew losing consciousness.

DATES: Effective May 23, 1994.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of May 23, 1994.

ADDRESSES: The service information referenced in this AD may be 
obtained from EROS, P.O. Box 10, 78370 Plaisir, France. This 
information may be examined at the Federal Aviation Administration 
(FAA), New England Region, Office of the Assistant Chief 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: Terry Fahr, Aerospace Engineer, Boston 
Aircraft Certification Office, FAA, Engine and Propeller Directorate, 
12 New England Executive Park, Burlington, MA 01803-5299; telephone 
(617) 238-7155, fax (617) 238-7199.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations to include an airworthiness directive (AD) that is 
applicable to EROS series MF10-[ ]-[ ] full face quick donning mask 
regulators was published in the Federal Register on August 4, 1993 (58 
FR 41441). That action proposed to require replacement of the face 
piece and the mask shell securing screw in accordance with EROS Service 
Bulletin (SB) No. MF10-35-44, and SB No. MF10-35-46, both dated June 
11, 1991.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.
    One commenter states that the AD should include a means for the 
flight crew to determine that the old masks are not defective. The FAA 
does not concur. The flight crew should be able to readily see whether 
or not the original mask is broken. The pin can be inspected in 
accordance with EROS SB No. MF-10-35-43, dated June 11, 1991, to 
determine if the mask is intact.
    One commenter states that the compliance period should be 12 months 
after the effective date of this AD, as the proposed 6-month compliance 
period would cost operators an additional $110,000 for the purchase of 
additional masks to use while in the process of inspecting those masks 
already in service. The FAA does not concur. EROS SB No. MF10-35-44 was 
issued on July 15, 1991, and service data indicates that a substantial 
portion of the masks in service have already been inspected. The FAA 
believes that the proposed 6-month compliance period properly balances 
the needs of flight safety with operations concerns of operators. 
Although the NPRM stated the date of this SB as June 11, 1991, the 
correct date for this SB is July 15, 1991. In addition, the NPRM 
referred to the original version of EROS SB No. MF10-35-46, dated June 
11, 1991. The correct revision and date for this SB is Revision 1, 
dated June 12, 1992. The final rule has been changed accordingly.
    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 estimates that 2,500 regulators are affected by this AD, 
that it will take approximately 0.5 work hours per regulator to 
accomplish the required actions, and that the average labor rate is $55 
per work hour. Required parts will cost $535 per faceplate. Based on 
these figures, the total cost impact of the proposed AD on U.S. 
operators is estimated to be $1,406,250. The manufacturer has advised 
the FAA, however, that it may supply the required parts at no cost, 
thereby reducing the total cost impact on U.S. operators.
    The regulations adopted herein will not have substantial direct 
effects 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. Therefore, in 
accordance with Executive Order 12612, it is determined that this final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    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 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 
from 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 14 CFR part 
39 of the Federal Aviation Regulations as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

    Authority: 49 U.S.C. App. 1354(a), 1421 and 1423; 49 U.S.C. 
106(g); and 14 CFR 11.89.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

94-06-04 EROS: Amendment 39-8852. Docket 93-ANE-18.

    Applicability: EROS series MF10-[]-[] full face quick donning 
mask regulators installed on but not limited to Airbus A320, Boeing 
747-400, British Aerospace (BAe) 125-600 and Jetstream 41, Canadair 
RJ, Dassault Mystere Falcon 20, McDonnell Douglas MD11, and Piper 
PA31T and PA42 series aircraft.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent failure of the pin securing the mask shell to the 
face piece, which could result in a mask leaking oxygen and the crew 
losing consciousness, accomplish the following:
    (a) For EROS Model MF10-05-01 full face quick donning mask 
regulators, within six months after the effective date of this AD, 
replace the face piece and mask shell securing screw in accordance 
with EROS Service Bulletin (SB) No. MF10-35-44, dated July 15, 1991.
    (b) For all other EROS series MF10-[]-[] full face quick donning 
mask regulators, within six months after the effective date of this 
AD, replace the face piece and mask shell securing screw in 
accordance with EROS SB No. MF10-35-46, Revision 1, dated June 12, 
1992.
    (c) 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, Boston Aircraft Certification 
Office. The request should be forwarded through an appropriate FAA 
Principal Maintenance Inspector, who may add comments and then send 
it to the Manager, Boston Aircraft Certification Office. NOTE: 
Information concerning the existence of approved alternative methods 
of compliance with this airworthiness directive, if any, may be 
obtained from the Boston Aircraft Certification Office.
    (d) Special flight permits may be issued in accordance with FAR 
21.197 and 21.199 to operate the aircraft to a location where the 
requirements of this AD can be accomplished.
    (e) The modification shall be done in accordance with the 
following service bulletins: 

------------------------------------------------------------------------
    Document No.      Pages         Revision                Date        
------------------------------------------------------------------------
EROS SB No. MF10-35-     1-8  Original............  July 15, 1991.      
 44.                                                                    
    Total pages.....       8                                            
EROS SB No. MF10-35-     1-7  1...................  June 12, 1992.      
 46.                                                                    
    Total pages.....       7                                            
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    This incorporation by reference was 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 EROS, P.O. Box 10, 78370 Plaisir, France. 
Copies may be inspected at the FAA, New England Region, Office of the 
Assistant Chief 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.
    (f) This amendment becomes effective on May 23, 1994.

    Issued in Burlington, Massachusetts, on March 7, 1994.
Jay J. Pardee,
Manager, Engine and Propeller Directorate, Aircraft Certification 
Service.
[FR Doc. 94-5940 Filed 3-21-94; 8:45 am]
BILLING CODE 4910-13-P