[Federal Register Volume 62, Number 103 (Thursday, May 29, 1997)]
[Rules and Regulations]
[Pages 28996-28997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13963]



[[Page 28996]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-CE-31-AD; Amendment 39-10039; AD 97-11-10]
RIN 2120-AA64


Airworthiness Directives; Puritan Bennett Aero Systems Company 
Series 174290 Constant Flow Airline Portable Oxygen Masks, Part Numbers 
174290-14, 174290-24, 174290-34, 174290-44, and 174290-54

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies to Puritan Bennett Aero Systems Company (Puritan Bennett) 
Series 174290 Constant Flow Airline Portable Oxygen Masks, Part Numbers 
174290-14, 174290-24, 174290-34, 174290-44, and 174290-54, that are 
utilized on aircraft. This action requires replacing any Series 174290 
Constant Flow Airline Portable Oxygen Masks, Part Numbers 174290-14, 
174290-24, 174290-34, 174290-44, and 174290-54, that have a 
manufacturing date between September 1992 to August 1996 with an FAA-
approved mask that incorporates a part number not covered by this AD. 
These masks have a connector with an orifice that could restrict more 
than half of the oxygen flow to the passenger. This oxygen mask is 
mainly used for emergency medical action or emergency decompression 
procedures during flight. The actions specified by this AD are intended 
to prevent restricted oxygen flow, which, if not corrected, could cause 
serious injury to a passenger in need of emergency or first aid oxygen 
during flight.

DATES: Effective June 23, 1997.
    Comments for inclusion in the Rules Docket must be received on or 
before July 28, 1997.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Assistant Chief 
Counsel, Attention: Rules Docket 97-CE-31-AD, Room 1558, 601 E. 12th 
Street, Kansas City, Missouri 64106.
    Information that is related to this AD may be examined at the 
Federal Aviation Administration (FAA), Central Region, Office of the 
Assistant Chief Counsel, Attention: Rules Docket 97-CE-31-AD, Room 
1558, 601 E. 12th Street, Kansas City, Missouri 64106.

FOR FURTHER INFORMATION CONTACT: Michael Imbler, Aerospace Engineer, 
FAA, Wichita Aircraft Certification Office, 1801 Airport Road, Room 
100, Mid-Continent Airport, Wichita, Kansas 67209; telephone (316) 946-
4147; facsimile (316) 946-4407.

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA recently received notice from the Puritan Bennett Aero 
Systems Company of a design error incorporated during a drawing 
revision to an orifice in the connector of Puritan Bennett passenger 
oxygen masks (174290 series). When manufactured according to this 
drawing revision, the airflow of these masks could be restricted to 1.7 
liters per minute (less than half of the oxygen flow needed) when the 
orifice is connected to the Puritan Bennett Model 176960 airline 
portable oxygen cylinder assembly. The oxygen masks are not the drop-
down style used by all passengers during emergency airplane operations. 
These masks are connected to oxygen bottles and used by passengers 
requiring emergency oxygen for immediate medical attention or for an 
unexpected decompression of the airplane during flight. The drawing 
revision error was utilized during manufacture between September 1992 
to August 1996.

Relevant Service Information

    Puritan Bennett has issued Nellcor Puritan Bennett Immediate 
Service Bulletin No. 174290-35-1, date of Original Issue: March 1997, 
which references the information presented in this AD.

The FAA's Determination

    Because the drawing revision was utilized from September 1992 to 
August 1996, the FAA has determined that all Puritan Bennett Series 
174290 Constant Flow Airline Portable Oxygen Masks, Part Numbers 
174290-14, 174290-24, 174290-34, 174290-44, and 174290-54, manufactured 
between these dates should be replaced with an FAA-approved oxygen mask 
that incorporates a part number not covered by this AD.
    After examining the circumstances and reviewing all available 
information related to the information described above, the FAA has 
determined that AD action should be taken to prevent restricted oxygen 
flow, which, if not corrected, could cause serious injury to a 
passenger in need of emergency or first aid oxygen during flight.

Explanation of the Provisions of the AD

    Since an unsafe condition has been identified that is likely to 
exist or develop in other Puritan Bennett passenger oxygen masks of the 
same type design that are utilized on aircraft, this AD requires 
replacing any Series 174290 Constant Flow Airline Portable Oxygen 
Masks, Part Numbers 174290-14, 174290-24, 174290-34, 174290-44, and 
174290-54, that have a manufacturing date between September 1992 to 
August 1996 with an FAA-approved mask that incorporates a part number 
not covered by this AD.

Compliance Time

    The compliance time of this AD is presented in calendar time 
instead of hours time-in-service (TIS). The FAA has determined that a 
calendar time compliance is the most desirable method because the 
unsafe condition attributed to these oxygen masks exists regardless of 
whether the aircraft on which they are used. Therefore, to ensure that 
the above-referenced condition is corrected within a reasonable period 
of time, a compliance schedule based upon calendar time instead of 
hours TIS is utilized.

Determination of the Effective Date of the AD

    Since a situation exists (serious injury to a passenger in need of 
emergency or first aid oxygen during flight) that requires the 
immediate adoption of this regulation, it is found that notice and 
opportunity for public prior comment hereon are impracticable, and that 
good cause exists for making this amendment effective in less than 30 
days.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting immediate passenger safety and, thus, was not 
preceded by notice and opportunity to comment, comments are invited on 
this rule. Interested persons are invited to comment on this rule by 
submitting such written data, views, or arguments as they may desire. 
Communications should identify the Rules Docket number and be submitted 
in triplicate to the address specified above. All communications 
received on or before the closing date for comments will be considered, 
and this rule may be amended in light of the comments received. Factual 
information that supports the commenter's ideas and suggestions is 
extremely helpful in evaluating the effectiveness of the AD action and 
determining whether additional rulemaking action would be needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. All comments

[[Page 28997]]

submitted will be available, both before and after the closing date for 
comments, in the Rules Docket for examination by interested persons. A 
report that summarizes each FAA-public contact concerned with the 
substance of this AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket No. 97-CE-31-AD.'' The postcard will be date stamped and 
returned to the commenter.

Regulatory Impact

    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.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and is not a significant regulatory action under 
Executive Order 12866. It has been determined further that this action 
involves an emergency regulation under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979). If it is determined that 
this emergency regulation otherwise would be significant under DOT 
Regulatory Policies and Procedures, a final regulatory evaluation will 
be prepared and placed in the Rules Docket (otherwise, an evaluation is 
not required). A copy of it, if filed, may be obtained from the Rules 
Docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment

    Accordingly, pursuant to 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

    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. Section 39.13 is amended by adding a new airworthiness directive 
(AD) to read as follows:

97-11-10. Puritan Bennett Aero Systems Company: Amendment 39-10039; 
Docket No. 97-CE-31-AD.

    Applicability: Series 174290 Constant Flow Airline Portable 
Oxygen Masks, Part Numbers 174290-14, 174290-24, 174290-34, 174290-
44, and 174290-54, that have a manufacturing date between September 
1992 to August 1996; utilized in aircraft that are certificated in 
any category.

    Note 1. The part number and date of manufacture of these masks 
are located on the oxygen mask gas bag. These oxygen masks are the 
portable type as opposed to the drop-down design.
    Note 2. This AD applies to aircraft equipped with an oxygen mask 
that is identified in the preceding applicability provision, 
regardless of whether a mask has been modified, altered, or repaired 
in the area subject to the requirements of this AD. For aircraft 
utilizing the oxygen masks that have been modified, altered, or 
repaired so that the performance of the requirements of this AD is 
affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (d) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required within the next 7 days after the effective 
date of this AD, unless already accomplished.
    To prevent restricted oxygen flow, which, if not corrected, 
could cause serious injury to a passenger in need of emergency or 
first aid oxygen during flight, accomplish the following:
    (a) Remove any passenger oxygen mask with the applicable part 
number and manufacturing date and replace with an FAA-approved 
oxygen mask that incorporates a part number not covered by this AD.

    Note 3. Nellcor Puritan Bennett Immediate Service Bulletin No. 
174290-35-1, Original Issue: March 1997, contains information 
relating to this subject.

    (b) After the effective date of this AD, no person may equip an 
aircraft with any Puritan Bennett Series 174290 Constant Flow 
Airline Portable Oxygen Masks, Part Numbers 174290-14, 174290-24, 
174290-34, 174290-44, and 174290-54, that have a manufacturing date 
between September 1992 to August 1996.
    (c) An alternative method of compliance or adjustment of the 
compliance time that provides an equivalent level of safety may be 
approved by the Manager, Wichita Aircraft Certification Office, 1801 
Airport Road, Rm. 100, Mid-Continent Airport, Wichita, Kansas 67209. 
The request shall be forwarded through an appropriate FAA 
Maintenance Inspector, who may add comments and then send it to the 
Manager, Wichita Aircraft Certification Office.

    Note 4: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from Wichita Aircraft Certification Office.

    (d) Information related to this AD may be inspected at the FAA, 
Central Region, Office of the Assistant Chief Counsel, Room 1558, 
601 E. 12th Street, Kansas City, Missouri, or at the Office of the 
Federal Register, 800 North Capitol Street, NW., suite 700, 
Washington, DC.
    (e) This amendment (39-10039) becomes effective on June 23, 
1997.

    Issued in Kansas City, Missouri, on May 21, 1997.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 97-13963 Filed 5-28-97; 8:45 am]
BILLING CODE 4910-13-U