[Federal Register Volume 64, Number 39 (Monday, March 1, 1999)]
[Proposed Rules]
[Pages 9939-9940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-4891]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 64, No. 39 / Monday, March 1, 1999 / Proposed 
Rules  

[[Page 9939]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-CE-127-AD]
RIN 2120-AA64


Airworthiness Directives; Raytheon Aircraft Company Model 1900D 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes to adopt a new airworthiness directive 
(AD) that would apply to certain Raytheon Aircraft Company (Raytheon) 
Model 1900D airplanes. The proposed AD would require replacing the 
passenger oxygen container and mask assembly with an improved design 
passenger oxygen container and mask assembly. The proposed AD is the 
result of an incident where a passenger had put on the oxygen mask and 
the lanyard pin did not automatically pull and initiate oxygen flow 
during a loss of airplane pressurization while in-flight. The actions 
specified by the proposed AD are intended to prevent the above 
situation from occurring on other airplanes, which could result in 
passenger injury if the lanyard pin is not manually pulled in a timely 
manner.

DATES: Comments must be received on or before April 28, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Regional Counsel, 
Attention: Rules Docket No. 98-CE-127-AD, Room 1558, 601 E. 12th 
Street, Kansas City, Missouri 64106. Comments may be inspected at this 
location between 8 a.m. and 4 p.m., Monday through Friday, holidays 
excepted.
    Service information that applies to the proposed AD may be obtained 
from the Raytheon Aircraft Company, PO Box 85, Wichita, Kansas 67201-
0085; telephone: (800) 625-7043 or (316) 676-4556. This information 
also may be examined at the Rules Docket at the address above.

FOR FURTHER INFORMATION CONTACT: Mr. Paul C. DeVore, Aerospace 
Engineer, Wichita Aircraft Certification Office, FAA, 1801 Airport 
Road, Mid-Continent Airport, Wichita, Kansas 67209; telephone: (316) 
946-4142; facsimile: (316) 946-4407.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed 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, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments 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 proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket No. 98-CE-127-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Central Region, Office of the Regional Counsel, Attention: 
Rules Docket No. 98-CE-127-AD, Room 1558, 601 E. 12th Street, Kansas 
City, Missouri 64106.

Discussion

    The FAA has received a report of an incident where the lanyard pin 
did not automatically pull and initiate oxygen flow when a passenger of 
a Raytheon Model 1900D airplane put on the oxygen mask, part number (P/
N) 129-384005-3. The incident occurred during a loss of airplane 
pressurization while in-flight. The lanyard is attached to the oxygen 
mask at one end and to the pin that initiates the oxygen flow at the 
other end. The FAA has determined that excess length of the lanyard was 
the cause of the above-referenced incident.
    The affected oxygen masks are incorporated on Raytheon Model 1900D 
airplanes, serial numbers UE-1 through UE-338.
    This condition, if not corrected, could result in passenger injury 
if the lanyard pin was not manually pulled in a timely manner.

Relevant Service Information

    Raytheon has issued Mandatory Service Bulletin SB 35-3233, Issued: 
December, 1998, which specifies replacing the existing passenger oxygen 
container and mask assembly, part number (P/N) 129-384005-3, with an 
improved design passenger oxygen container and mask assembly, P/N 129-
384005-5. This replacement is accomplished by incorporating Puritan 
Bennett Kit No. 280041-00: Lanyard Retrofit Drop Out Box, which 
contains all the necessary parts and instructions.

The FAA's Determination

    After examining the circumstances and reviewing all available 
information related to the incidents described above, the FAA has 
determined that AD action should be taken to prevent failure of the 
oxygen mask lanyard pin to automatically pull and initiate oxygen flow 
during a loss of airplane pressurization while in-flight, which could 
result in passenger injury if the lanyard pin is not manually pulled in 
a timely manner.

Explanation of the Provisions of the Proposed AD

    Since an unsafe condition has been identified that is likely to 
exist or develop in other Raytheon Model 1900D airplanes of the same 
type design, the FAA is proposing AD action. The proposed AD would 
require replacing the existing passenger oxygen container and mask 
assembly, P/N 129-384005-3, with an improved design passenger oxygen 
container and mask assembly, P/N 129-384005-5. The proposed

[[Page 9940]]

replacement would be accomplished by incorporating Puritan Bennett Kit 
No. 280041-00: Lanyard Retrofit Drop Out Box, which contains all the 
necessary parts and instructions.

Differences Between the Service Information and the Proposed AD

    The compliance time presented in Raytheon Service Bulletin SB 35-
3233, Issued: December, 1998, is ``as soon as possible after receipt of 
this Service Bulletin, but no later than 600 hours after receipt of 
this Service Bulletin.'' The FAA concurs that the action should be 
accomplished as soon as possible, but has no way of enforcing this 
compliance time. The FAA also assumes that what Raytheon means by ``600 
hours after receipt of this Service Bulletin'' is 600 hours time-in-
service (TIS).
    In order to assure that the replacement required by the proposed AD 
is accomplished within a reasonable period of time without 
inadvertently grounding the affected airplanes, the FAA is proposing a 
compliance time of ``within the next 200 hours TIS after the effective 
date of this AD.''

Cost Impact

    The FAA estimates that 300 airplanes in the U.S. registry would be 
affected by the proposed AD, that it would take approximately 4 
workhours per airplane to accomplish the proposed replacement, and that 
the average labor rate is approximately $60 an hour. Parts will be 
provided at no cost to the owners/operators of the affected airplanes. 
Based on the figures presented above, the total cost impact of the 
proposed AD on U.S. operators is estimated to be $72,000, or $240 per 
airplane.
    Raytheon is also offering warranty credit for labor, as well as 
parts, provided that all paperwork is submitted no later than December 
31, 1999.

Regulatory Impact

    The regulations proposed herein would 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 
proposal would 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) if promulgated, 
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 copy of the draft regulatory evaluation 
prepared for this action has been placed in the Rules Docket. A copy of 
it may be obtained by contacting the Rules Docket at the location 
provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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:

Raytheon Aircraft Company (Type Certificate No. A24CE formerly held 
by the Beech Aircraft Corporation): Docket No. 98-CE-127-AD.

    Applicability: Model 1900D airplanes, serial numbers UE-1 
through UE-338, certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes 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 as indicated in the body of this AD after 
the effective date of this AD, unless already accomplished.
    To prevent failure of the oxygen mask lanyard pin to 
automatically pull and initiate oxygen flow during a loss of 
airplane pressurization while in-flight, which could result in 
passenger injury if the lanyard pin is not manually pulled in a 
timely manner, accomplish the following:
    (a) Within the next 200 hours time-in-service after the 
effective date of this AD, replace the passenger oxygen container 
and mask assembly, part number 129-384005-3 (or FAA-approved 
equivalent part number), with an improved design passenger oxygen 
container and mask assembly, part number 129-384005-5 (or FAA-
approved equivalent part number). Accomplish this replacement by 
incorporating Puritan Bennett Kit No. 280041-00: Lanyard Retrofit 
Drop Out Box, which contains all the necessary parts and 
instructions. This kit is referenced in Raytheon Mandatory Service 
Bulletin SB 35-3233, Issued: December, 1998.
    (b) As of the effective date of this AD, no person may install, 
on any affected airplane, a passenger oxygen container and mask 
assembly that is not of an improved design, part number 129-384005-5 
(or FAA-approved equivalent part number).
    (c) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.
    (d) An alternative method of compliance or adjustment of the 
compliance times that provides an equivalent level of safety may be 
approved by the Manager, Wichita Aircraft Certification Office 
(ACO), 1801 Airport Road, Room 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 ACO.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Wichita ACO.

    (e) All persons affected by this directive may obtain copies of 
the documents referred to herein upon request to the Raytheon 
Aircraft Corporation, P.O. Box 85, Wichita, Kansas 67201-0085; or 
may examine these documents at the FAA, Central Region, Office of 
the Regional Counsel, Room 1558, 601 E. 12th Street, Kansas City, 
Missouri 64106.

    Issued in Kansas City, Missouri, on February 22, 1999.
Marvin R. Nuss,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-4891 Filed 2-26-99; 8:45 am]
BILLING CODE 4910-13-P