[Federal Register Volume 75, Number 12 (Wednesday, January 20, 2010)]
[Rules and Regulations]
[Pages 3141-3143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-937]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0029; Directorate Identifier 2009-NM-262-AD; 
Amendment 39-16179; AD 2009-21-10 R1]
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), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is revising an existing airworthiness directive (AD), 
which applies to certain AVOX Systems and B/E Aerospace oxygen cylinder 
assemblies, as installed on various transport airplanes. That AD 
currently requires removing certain oxygen cylinder assemblies from the 
airplane. This AD removes certain oxygen cylinder part numbers from the 
applicability. 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 February 4, 2010.
    We must receive any comments on this AD by March 8, 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., 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: Nicholas Wilson, 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) 917-6476; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION: 

Discussion

    On November 25, 2009, we issued AD 2009-21-10, amendment 39-16049 
(74 FR 63063, December 2, 2009). That AD applies to certain AVOX 
Systems and B/E Aerospace oxygen cylinder assemblies, as installed on 
various transport airplanes. That AD requires removing certain oxygen 
cylinder assemblies from the airplane. That 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 actions specified in that AD are intended 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.

Actions Since AD Was Issued

    Since we issued AD 2009-21-10, we have been notified that its 
applicability (in paragraph (c)) erroneously includes oxygen cylinder 
assemblies having part numbers B43570-3 and B43570-5. Those oxygen 
cylinder assemblies are manufactured from composite material, instead 
of steel, and the erroneous part numbers do not correspond to any 
serial numbers listed in the AD. Composite oxygen tanks are not subject 
to the identified unsafe condition. These part numbers have been 
removed from Table 1 of this AD.
    We have also been notified that serial numbers K617383 through 
K617423 inclusive and K757064 through K757066 inclusive have been 
withdrawn from service. These serial numbers have been removed from 
Table 3 of this AD.

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.
    The unsafe condition described previously is likely to exist or 
develop in other products of these same type designs. For this reason, 
we are issuing this AD to revise AD 2009-21-10. This new AD retains the 
requirements of the existing AD, but removes part numbers B43570-3 and 
B43570-5 from the applicability of this AD, and removes certain serial 
numbers from Table 3 of this AD.

Additional Change to AD

    We have revised this AD to identify the legal name of certain 
manufacturers as published in the most recent type certificate data 
sheet for the affected airplane models.

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

[[Page 3142]]

this AD, we find that 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-2010-0029; Directorate Identifier 2009-NM-262-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

    We have determined that 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 the 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); 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket. See the ADDRESSES 
section for a location to examine the regulatory evaluation.

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 part 39 of the Federal Aviation Regulations (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 removing amendment 39-16049 (74 FR 
63063, December 2, 2009) and adding the following new AD:

2009-21-10 R1 AVOX Systems and B/E Aerospace: Amendment 39-16179. 
Docket No. FAA-2010-0029; Directorate Identifier 2009-NM-262-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective February 4, 
2010.

Affected ADs

    (b) This AD revises AD 2009-21-10, Amendment 39-16049.

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*
B/E Aerospace..........................  176018-115
                                         176112-115
                                         176177-115
                                         176181-115
                                         176529-97
------------------------------------------------------------------------
(*For example, 6350A34-X-X or 8915XX-XX, where ``X'' denotes a part
  number digit.)


                       Table 2--Affected Airplanes
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         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.

[[Page 3143]]

 
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           G-IV airplanes.
 Corporation.
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 PLC...........  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.

Restatement of Requirements of AD 2009-21-10, With Revised Serial 
Numbers

Inspection

    (g) Within 90 days after December 17, 2009 (the effective date 
of AD 2009-21-10), 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.

        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.
                                        K629573 through K629577
                                         inclusive.
                                        K674451 through K674455
                                         inclusive.
------------------------------------------------------------------------

Parts Installation

    (h) As of December 17, 2009, 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: 
Nicholas Wilson, 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) 917-6476; 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 January 8, 2010.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-937 Filed 1-19-10; 8:45 am]
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