[Federal Register Volume 75, Number 51 (Wednesday, March 17, 2010)]
[Proposed Rules]
[Pages 12713-12715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5862]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0272; Directorate Identifier 2010-CE-009-AD]
RIN 2120-AA64


Airworthiness Directives; AVOX Systems and B/E Aerospace Oxygen 
Cylinders as Installed on Various 14 CFR Part 23 and CAR 3 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
certain AVOX Systems and B/E Aerospace oxygen cylinders, as installed 
on various 14 CFR part 23 or CAR 3 airplanes. This proposed AD would 
require inspecting for and removing substandard oxygen cylinders from 
the airplane. This proposed 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 
proposing 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 other support personnel.

DATES: We must receive comments on this proposed AD by May 3, 2010.

ADDRESSES: Use one of the following addresses to comment on this 
proposed AD:
     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.
    For service information identified in this proposed AD, contact B/E 
Aerospace, Inc., Commercial Aircraft Products Group, RGA Department, 
10800 Pflumm Road, Lenexa, Kansas 66215; telephone: (913) 338-9800; 
fax: (913) 338-8419; Internet: http://www.beaerospace.com; and AVOX 
Systems, 225 Erie Street, Lancaster, New York 14086-9502; telephone: 
(716) 683-5100; fax: (716) 681-1089; Internet: http://www.avoxsys.com, 
as applicable.

FOR FURTHER INFORMATION CONTACT: David Hirt, Aerospace Engineer, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4050; fax: (816) 329-4090; e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include the docket number, ``FAA-
2010-0272; Directorate Identifier 2010-CE-009-AD'' at the beginning of 
your comments. We specifically invite comments on the overall 
regulatory, economic, environmental, and energy aspects of the proposed 
AD. We will consider all comments received by the closing date and may 
amend the proposed AD in light 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 concerning this proposed AD.

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 14 CFR part 23 or 
CAR 3 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.

Relevant Service Information

    We have reviewed B/E Aerospace Service Bulletin 176000-35-01, dated 
November 2, 2009; and Zodiac Aerospace AVOX Systems Inc. Service 
Bulletin 6084-34-35-01, Revision 1, dated December 9, 2009.
    The service information describes procedures for inspecting the 
oxygen cylinder to determine the serial number and for removing 
affected oxygen cylinders.

FAA's Determination and Requirements of the Proposed AD

    We are proposing this AD because we evaluated all information and 
determined the unsafe condition described previously is likely to exist 
or develop on other products of the same type design. This proposed AD 
would require removing the affected oxygen cylinder from various 14 CFR 
part 23 or CAR 3 airplanes.

Costs of Compliance

    We estimate that this proposed AD would affect 10,000 airplanes in 
the U.S. registry.
    We estimate the following costs to do the proposed inspection:

[[Page 12714]]



----------------------------------------------------------------------------------------------------------------
                                                                                    Total cost on U.S. operators
                                                                      Total cost   based on all airplanes having
               Labor cost                        Parts cost          per airplane   the affected oxygen cylinder
                                                                                             installed
----------------------------------------------------------------------------------------------------------------
0.5 work-hour x $85 per hour = $42.50..  Not applicable............       $42.50                       $425,000
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary removal and 
replacement that would be required based on the results of the proposed 
inspection. We have no way of determining the number of airplanes that 
may need this replacement:

------------------------------------------------------------------------
                                                             Total cost
                 Labor cost                    Parts cost   per airplane
------------------------------------------------------------------------
2 work-hours x $85 per hour = $170..........       $1,675        $1,845
------------------------------------------------------------------------

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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 proposed 
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 proposed AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket that contains the proposed AD, the 
regulatory evaluation, any comments received, and other information 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 Docket Office (telephone (800) 647-5527) 
is located at the street address stated in the ADDRESSES section. 
Comments will be available in the AD docket shortly after receipt.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

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


AVOX Systems and B/E Aerospace: Docket No. FAA-2010-0272; 
Directorate Identifier 2010-CE-009-AD.

Comments Due Date

    (a) We must receive comments on this airworthiness directive 
(AD) action by May 3, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to oxygen cylinders with a capacity of 114/
115 cubic feet, approved under United States Department of 
Transportation Regulations for Type 3HT cylinders, identified in 
Table 1 of this AD. These oxygen cylinders may be installed on 
various 14 CFR part 23 and CAR 3 airplanes, certificated in any 
category. The affected oxygen cylinders may be installed as a 
component of, but not limited to, the AVOX Systems Inc. and B/E 
Aerospace cylinder assemblies listed in Table 2 of this AD.

         Table 1--Affected Oxygen Cylinder Serial Numbers (S/N)
------------------------------------------------------------------------
    Cylinder manufacturer                     Affected S/N
------------------------------------------------------------------------
AVOX Systems.................  ST82307 through ST82309.
                               ST82335 through ST82378.
                               ST82385 through ST82506, except ST82498
                                (out of service).
                               ST82550 through ST82606.
                               ST82617 through ST82626.
                               ST83896 through ST83905.
                               ST84209 through ST84218.
                               ST84224 through ST84236.
                               ST86138, ST86143, ST86145, ST86150,
                                ST86169, ST86172, and ST86177.

[[Page 12715]]

 
                               ST86299 through ST86307.
B/E Aerospace................  K495120 through K495121.
                               K629573 through K629577.
                               K674451 through K674455.
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      Table 2--Affected Oxygen Cylinder Assembly Part Numbers (P/N)
------------------------------------------------------------------------
         Manufacturer                             P/Ns
------------------------------------------------------------------------
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, and
                                *8915 series.
                               (*For example, 6350A34-X-X or 8915XX-XX,
                                where ``X'' denotes a P/N digit).
B/E Aerospace................  176018-115, 176112-115, 176177-115,
                                176181-115, and 176529-97.
------------------------------------------------------------------------

Subject

    (d) Air Transport Association of America (ATA) 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. 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 other support 
personnel.

Compliance

    (f) To address this problem, you must do the following, unless 
already done:
    (1) Within 60 days after the effective date of this AD, inspect 
the oxygen cylinder installed in the airplane to determine the 
serial number. 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 number of the oxygen cylinder can be 
positively determined from that review. For any oxygen cylinder that 
has a serial number identified in Table 1 of this AD, before further 
flight, remove it from the airplane and replace it with a 
serviceable oxygen cylinder. Do the inspection and removal following 
B/E Aerospace Service Bulletin 176000-35-01, dated November 2, 2009; 
and Zodiac Aerospace AVOX Systems, Inc. Service Bulletin 6084-34-35-
01, Revision 1, dated December 9, 2009, as applicable.
    (2) As of the effective date of this AD, do not install on any 
airplane a United States Department of Transportation Type 3HT 
oxygen cylinder that has a serial number identified in Table 1 of 
this AD.

    Note: United States Department of Transportation hazardous 
materials regulations apply to the shipping of oxygen cylinders.

Alternative Methods of Compliance (AMOCs)

    (g) The Manager, Standards 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: David Hirt, Aerospace 
Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, 
Kansas City, Missouri 64106; telephone: (816) 329-4130; fax: (816) 
329-4090; e-mail: [email protected]. Before using any approved AMOC 
on any airplane to which the AMOC applies, notify your appropriate 
principal inspector (PI) in the FAA Flight Standards District Office 
(FSDO), or lacking a PI, your local FSDO.

Related Information

    (h) To get copies of the service information referenced in this 
AD, contact B/E Aerospace, Inc., Commercial Aircraft Products Group, 
RGA Department, 10800 Pflumm Road, Lenexa, Kansas 66215; telephone: 
(913) 338-9800; fax: (913) 338-8419; Internet: http://www.beaerospace.com; and AVOX Systems, 225 Erie Street, Lancaster, 
New York 14086-9502; telephone: (716) 683-5100; fax: (716) 681-1089; 
Internet: http://www.avoxsys.com, as applicable. To view the AD 
docket, go to U.S. Department of Transportation, Docket Operations, 
M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey 
Avenue, SE., Washington, DC 20590, or on the Internet at http://www.regulations.gov.

    Issued in Kansas City, Missouri, on March 11, 2009.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2010-5862 Filed 3-16-10; 8:45 am]
BILLING CODE 4910-13-P