[Federal Register Volume 74, Number 230 (Wednesday, December 2, 2009)]
[Rules and Regulations]
[Pages 63063-63066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28807]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0915; Directorate Identifier 2009-NM-224-AD; 
Amendment 39-16049; AD 2009-21-10]
RIN 2120-AA64


Airworthiness Directives; AVOX Systems and B/E Aerospace Oxygen 
Cylinder Assemblies, as Installed on Various Transport Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
AVOX Systems and B/E Aerospace oxygen cylinder assemblies, as installed 
on various transport airplanes. This AD requires removing certain 
oxygen cylinder assemblies 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 maintenance or 
other support personnel.

DATES: This AD is effective December 17, 2009.
    We must receive comments on this AD by January 19, 2010.

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: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE.,

[[Page 63064]]

Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

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 AD, the regulatory evaluation, 
any comments received, and other information. The street address for 
the Docket Office (telephone 800-647-5527) is in the ADDRESSES section. 
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Robert Hettman, Aerospace Engineer, 
Cabin Safety and Environmental Systems Branch, ANM-150S, Seattle 
Aircraft Certification Office, FAA, 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; telephone (425) 917-6457; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION: 

Discussion

    During routine hydrostatic testing, a United States Department of 
Transportation Type 3HT-1850 high-pressure gaseous oxygen cylinder 
ruptured under what would be considered normal operating conditions. 
Further investigation indicates that the cylinder had insufficient 
strength characteristics due to improper heat treatment. The improper 
heat treatment is limited to specific production batches, but the 
affected oxygen cylinders may be installed on various transport 
airplanes and aircraft certificated in other categories. The oxygen 
cylinders contain gaseous oxygen under high pressure. Rupture of an 
oxygen cylinder, depending on its 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 maintenance or 
other support personnel.

FAA's Determination and Requirements of This AD

    Certain affected airplanes have been approved by the aviation 
authorities of other countries, and are approved for operation in the 
United States.
    We are issuing 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 these same type 
designs. This AD requires removing the affected oxygen cylinder 
assemblies from transport airplanes.

Related Rulemaking

    The FAA is currently evaluating the risk associated with these 
oxygen cylinder assemblies installed on aircraft certificated in other 
categories to determine whether any action is necessary to address the 
unsafe condition on these aircraft.

FAA's Justification and Determination of the Effective Date

    This AD addresses the consequences of the potential rupture of 
certain oxygen cylinder assemblies. Because of our requirement to 
promote safe flight of civil aircraft and thus the critical need to 
ensure the proper functioning of the oxygen cylinders and the short 
compliance time involved with this action, this AD must be issued 
immediately.
    Because an unsafe condition exists that requires the immediate 
adoption of this AD, we find notice and opportunity for prior public 
comment hereon are impracticable and that good cause exists for making 
this amendment effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not provide you with notice and an opportunity to 
provide your comments before it becomes effective. However, we invite 
you to send any written data, views, or arguments about this AD. Send 
your comments to an address listed under the ADDRESSES section. Include 
``Docket No. FAA-2009-0915; Directorate Identifier 2009-NM-224-AD'' at 
the beginning of your comments. We specifically invite comments on the 
overall regulatory, economic, environmental, and energy aspects of this 
AD. We will consider all comments received by the closing date and may 
amend this 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 AD.

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

    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 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.
    You can find our regulatory evaluation and the estimated costs of 
compliance in the AD Docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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. The FAA amends Sec.  39.13 by adding the following new AD:

2009-21-10 AVOX Systems and B/E Aerospace: Amendment 39-16049. 
Docket No. FAA-2009-0915; Directorate Identifier 2009-NM-224-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective December 17, 
2009.

[[Page 63065]]

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the oxygen cylinder assemblies, approved 
under United States Department of Transportation Regulations for 
Type 3HT cylinders, identified in Table 1 of this AD. These oxygen 
cylinder assemblies may be installed on various transport airplanes, 
certificated in any category, identified in but not limited to the 
airplanes included in Table 2 of this AD.

         Table 1--Affected Oxygen Cylinder Assembly Part Numbers
------------------------------------------------------------------------
                  Manufacturer                           Part Nos.
------------------------------------------------------------------------
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,
                                                   *8915 series.
                                                  (*For example, 6350A34-
                                                   X-X or 8915XX-XX,
                                                   where ``X'' denotes a
                                                   part number digit).
B/E Aerospace...................................  B43570-3, B43570-5,
                                                   176018-115, 176112-
                                                   115, 176177-115,
                                                   176181-115, 176529-
                                                   97.
------------------------------------------------------------------------


                       Table 2--Affected Airplanes
------------------------------------------------------------------------
                  Manufacturer                             Model
------------------------------------------------------------------------
Airbus..........................................  A300 B4-620, B4-622,
                                                   B4-605R, and F4-605R
                                                   airplanes.
                                                  A310-203, -204, -221,
                                                   222, -304, and -324
                                                   airplanes.
                                                  A318-111 and -112
                                                   airplanes.
                                                  A319-111, -112, -113,
                                                   114, -115, -131, -
                                                   132, and -133
                                                   airplanes.
                                                  A320-111, -211, -212,
                                                   214, -231, -232, and
                                                   233 airplanes.
                                                  A321-111, -112, -131,
                                                   211, and -231
                                                   airplanes.
                                                  A330-301, -321, and -
                                                   322 airplanes.
                                                  A340-211 and -212
                                                   airplanes.
                                                  A340-311 and -312
                                                   airplanes.
The Boeing Company..............................  707-100 long body, -
                                                   200, -100B long body,
                                                   and -100B short body
                                                   series airplanes; and
                                                   707-300, -300B, -
                                                   300C, and -400 series
                                                   airplanes.
                                                  727, 727C, 727-100,
                                                   727 -100C, 727-200,
                                                   and 727-200F series
                                                   airplanes.
                                                  737-100, -200, -200C,
                                                   300, -400, -500, -
                                                   600, -700, -700C, -
                                                   800, -900, and -900ER
                                                   series airplanes.
                                                  747-100, 747-100B, 747-
                                                   100B SUD, 747-200B,
                                                   747-200C, 747-200F,
                                                   747-300, 747-400, 747-
                                                   400D, 747-400F,
                                                   747SR, and 747SP
                                                   series airplanes.
                                                  757-200, -200PF, -
                                                   200CB, and -300
                                                   series airplanes.
                                                  767-200, -300, -300F,
                                                   and -400ER series
                                                   airplanes.
                                                  777-200, -200LR, -300,
                                                   -300ER, and 777F
                                                   series airplanes.
Gulfstream Aerospace Company....................  G-IV airplanes.
McDonnell Douglas Corporation...................  DC-8-11, DC-8-12, DC-8-
                                                   21, DC-8-31, DC-8-32,
                                                   DC-8-33, DC-8-41, DC-
                                                   8-42, DC-8-43, DC-8-
                                                   51, DC-8-52, DC-8-53,
                                                   and DC-8-55
                                                   airplanes.
                                                  DC-9-11, DC-9-12, DC-9-
                                                   13, DC-9-14, DC-9-15,
                                                   DC-9-15F, DC-9-21, DC-
                                                   9-31, DC-9-32, DC-9-
                                                   32 (VC-9C), DC-9-32F,
                                                   DC-9-32F (C-9A, C-
                                                   9B), DC-9-33F, DC-9-
                                                   34, DC-9-34F, DC-9-
                                                   41, DC-9-51, DC-9-81
                                                   (MD-81), DC-9-82 (MD-
                                                   82), DC-9-83 (MD-83),
                                                   and DC-9-87 (MD-87)
                                                   airplanes.
                                                  DC-10-10, DC-10-10F,
                                                   DC-10-15, DC-10-30,
                                                   DC-10-30F (KC-10A and
                                                   KDC-10), and DC-10-40
                                                   airplanes.
                                                  MD-10-10F and MD-10-
                                                   30F airplanes.
                                                  MD-11 and MD-11F
                                                   airplanes.
                                                  MD-88 airplanes.
                                                  MD-90-30 airplanes.
Short Brothers..................................  SD3-30, SD3-SHERPA,
                                                   and SD3-60 SHERPA
                                                   airplanes.
------------------------------------------------------------------------

Subject

    (d) Air Transport Association (ATA) of America 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. The Federal Aviation 
Administration is 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 
maintenance or other support personnel.

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Inspection

    (g) Within 90 days after the effective date of this AD, inspect 
to determine the serial number of the oxygen cylinder assemblies 
installed in the airplane. 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 numbers of the 
oxygen cylinder assemblies can be conclusively determined from that 
review. For any oxygen cylinder assembly that has a serial number 
identified in Table 3 of this AD: Remove it from the airplane before 
further flight.

[[Page 63066]]



        Table 3--Affected Oxygen Cylinder Assembly Serial Numbers
------------------------------------------------------------------------
              Cylinder manufacturer                Affected serial Nos.
------------------------------------------------------------------------
AVOX Systems....................................  ST82307 through
                                                   ST82309 inclusive.
                                                  ST82335 through
                                                   ST82378 inclusive.
                                                  ST82385 through
                                                   ST82506 inclusive,
                                                   except for S/N
                                                   ST82498, which
                                                   ruptured.
                                                  ST82550 through
                                                   ST82606 inclusive.
                                                  ST82617 through
                                                   ST82626 inclusive.
                                                  ST83896 through
                                                   ST83905 inclusive.
                                                  ST84209 through
                                                   ST84218 inclusive.
                                                  ST84224 through
                                                   ST84236 inclusive.
                                                  ST86138, ST86143,
                                                   ST86145, ST86150,
                                                   ST86169, ST86172,
                                                   ST86177.
                                                  ST86299 through
                                                   ST86307 inclusive.
B/E Aerospace...................................  K495120 through
                                                   K495121 inclusive.
                                                  K617383 through
                                                   K617423 inclusive.
                                                  K629573 through
                                                   K629577 inclusive.
                                                  K674451 through
                                                   K674455 inclusive.
                                                  K757064 through
                                                   K757066 inclusive.
------------------------------------------------------------------------

Parts Installation

    (h) As of the effective date of this AD, no person may install, 
on any airplane, a United States Department of Transportation Type 
3HT oxygen cylinder assembly that has a part number identified in 
Table 1 of this AD and a serial number identified in Table 3 of this 
AD.

Alternative Methods of Compliance (AMOCs)

    (i)(1) The Manager, Seattle Aircraft Certification 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: 
Robert Hettman, Aerospace Engineer, Cabin Safety and Environmental 
Systems Branch, ANM-150S, Seattle Aircraft Certification Office, 
FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone 
(425) 917-6457; fax (425) 917-6590. Or, e-mail information to [email protected].
    (2) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office. 
The AMOC approval letter must specifically refer to this AD.

Material Incorporated by Reference

    (j) None.

    Issued in Renton, Washington, on November 25, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-28807 Filed 12-1-09; 8:45 am]
BILLING CODE 4910-13-P