[Federal Register Volume 77, Number 207 (Thursday, October 25, 2012)]
[Proposed Rules]
[Pages 65148-65150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-26266]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1107; Directorate Identifier 2011-NM-216-AD]
RIN 2120-AA64


Airworthiness Directives; Intertechnique Aircraft Systems

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) that 
applies to certain Intertechnique Aircraft Systems oxygen mask 
regulators. This proposed AD was prompted by a report of a 
malfunctioning mask having an inflatable harness with a high premature 
rupture rate due to defective silicon. This proposed AD would require 
inspecting and replacing defective harnesses with new or modified 
serviceable units. We are proposing this AD to detect and correct 
defective harnesses which could lead, in case of a sudden 
depressurization event, to a harness rupture, thereby providing 
inadequate protection against hypoxia and possibly resulting in 
unconsciousness of the affected flightcrew member and consequent 
reduced control of the airplane.

DATES: We must receive comments on this proposed AD by December 10, 
2012.

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, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Intertechnique Aircraft Systems, 61 Rue Pierre Curie BP 1, 78373 
Plaisir Cedex--France; telephone: (33) 1 61 34 12 32; fax: (33) 1 64 86 
69 84; email: [email protected]; Internet: 
www.zodiacaerospace.com. You may review copies of the referenced 
service information at the FAA, Transport Airplane Directorate, 1601 
Lind Avenue SW., Renton, Washington. For information on the 
availability of this material at the FAA, call 425-227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Operations 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: Caspar Wang, Aerospace Engineer, 
Boston Aircraft Certification Office (ACO) ANE-150, FAA, Engine and 
Propeller Directorate, 12 New England Executive Park, Burlington, MA 
01803; phone: (781) 238-7799; fax: (781) 238-7170; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2012-1107; 
Directorate Identifier 2011-NM-216-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on 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 proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2011-0090R1, dated July 13, 2011 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    A malfunction of a quick donning mask was reported to 
Intertechnique, who initiated

[[Page 65149]]

an investigation in order to detect the root cause and the failure 
mode. Despite the fact that the analysis did not lead to any final 
conclusion, discrete suspected silicon batches have been identified 
which have shown an unusually high premature rupture rate.
    Some of the affected harnesses are known to have been delivered 
as spares. Consequently, an inflatable harness belonging to one of 
the suspect batches may have become installed on an Oxygen Mask 
Regulator, the serial number (s/n) or [part number] P/N of which is 
not identified in Appendix II of Intertechnique Service Bulletin 
(SB) MXH-35-240.
    This fact widens the Applicability of this [EASA] AD to extend 
beyond the individual Oxygen Mask Regulators identified by s/n and 
P/N in Appendix II of the SB.
    This condition, if not detected and corrected, could lead, in 
case of a sudden depressurization event, to a harness rupture, 
thereby providing inadequate protection against hypoxia of the 
affected flight crew member, possibly resulting in unconsciousness 
and consequent reduced control of the aeroplane.
    For the reasons described above, this [EASA] AD requires the 
identification and replacement of all potentially defective 
harnesses with serviceable units.
    Note 1: The affected batches were installed on harnesses 
manufactured between December 2008 and August 2010, having dates 
codes 0850S (week 50 of 2008) through 1031S (week 31 of 2010).
    Note 2: Harness assemblies that do not have a batch code were 
manufactured before week 33 of 2008 and are not affected by this 
unsafe condition.
    This [EASA] AD has been revised to correct a typographical error 
in the Applicability, which inadvertently referred to P/N MA10-12 
masks, whereas in fact, all P/N MA10 series could have an affected 
harness installed. In addition, this revised AD corrects Note 2 
(above), which confused harness manufacturing date codes with the 
affected harnesses batch codes.
    This [EASA] AD is also revised to make reference to the latest 
revisions of the referenced Intertechnique service publications 
which identify by s/n and P/N, in Appendix II of the SB, more oxygen 
mask regulators that are known or suspected to have an affected 
harness installed. Finally, this AD is revised to add a Note to the 
Required Actions section, to stress the fact that other oxygen mask 
regulators could be affected, in addition to those listed in 
Appendix II of the SB.

    You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Zodiac Aerospace Intertechnique has issued the following service 
bulletins:
     Intertechnique Service Bulletin MXH-35-240, Revision 7, 
dated September 1, 2011 (for all airplanes other than Bombardier 
airplanes).
     Intertechnique Service Bulletin MXH-35-241, Revision 2, 
dated May 19, 2011 (for Bombardier airplanes).
    The actions described in this service information are intended to 
correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect up to 5,500 products of U.S. registry. We also estimate 
that it would take about 1 work-hour per product to comply with the 
basic requirements of this proposed AD. The average labor rate is $85 
per work-hour. Required parts would cost about $0 per product. Where 
the service information lists required parts costs that are covered 
under warranty, we have assumed that there will be no charge for these 
parts. As we do not control warranty coverage for affected parties, 
some parties may incur costs higher than estimated here. Based on these 
figures, we estimate the cost of the proposed AD on U.S. operators up 
to $467,500, or $85 per product.

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 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 this 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);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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.

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:

Intertechnique Aircraft Systems: Docket No. FAA-2012-1107; 
Directorate Identifier 2011-NM-216-AD.

(a) Comments Due Date

    We must receive comments by December 10, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Intertechnique Aircraft Systems flight crew 
oxygen mask regulators, all part number (P/N) MA10, MC10, MC20, 
MF10, MF20, MLC20, MLD20, MRA005, MRA022, and MRA023 series; 
certificated in

[[Page 65150]]

any category; installed on, but not limited to, airplanes 
manufactured by Airbus, ATR, BAE Systems (Type Certificate 
previously held by British Aerospace), Boeing, Bombardier (Type 
Certificate previously held by Canadair, De Havilland Canada), 
Cessna, Dassault, EADS CASA, EMBRAER, Gulfstream, Hawker Beechcraft 
(Type Certificate previously held by Raytheon, Beech), Israel 
Aircraft Industries (IAI), McDonnell Douglas, Piaggio, Pilatus, 
Piper and SOCATA.

(d) Subject

    Air Transport Association (ATA) of America Code 35: Oxygen.

(e) Reason

    This AD was prompted by a report of a malfunctioning mask having 
an inflatable harness with a high premature rupture rate due to 
defective silicon. We are issuing this AD to detect and correct 
defective harnesses which could lead, in case of a sudden 
depressurization event, to a harness rupture, thereby providing 
inadequate protection against hypoxia and possibly resulting in 
unconsciousness of the affected flightcrew member and consequent 
reduced control of the airplane.

(f) Compliance

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

(g) Inspection

    (1) Except as provided by paragraph (i) of this AD: Within 24 
months after the effective date of this AD, inspect the inflatable 
harness fitted to each flight crew oxygen mask regulator to 
determine if the inflatable harness is installed with a part number 
(P[sol]N) and a batch number identified in Appendix I of 
Intertechnique Service Bulletin MXH-35-240, Revision 7, dated 
September 1, 2011 (for all airplanes other than Bombardier 
airplanes); or Appendix I of Intertechnique Service Bulletin MXH-35-
241, Revision 2, dated May 19, 2011 (for Bombardier airplanes).
    (2) Referring only to Appendix II of Intertechnique Service 
Bulletin MXH-35-240, Revision 7, dated September 1, 2011 (for all 
airplanes other than Bombardier airplanes); or Appendix II of 
Intertechnique Service Bulletin MXH-35-241, Revision 2, dated May 
19, 2011 (for Bombardier airplanes); to identify a specific oxygen 
mask regulator is insufficient to demonstrate that the inflatable 
harness fitted to that oxygen mask regulator is not listed in 
Appendix I of Intertechnique Service Bulletin MXH-35-240, Revision 
7, dated September 1, 2011; or Appendix I of Intertechnique Service 
Bulletin MXH-35-241, Revision 2, dated May 19, 2011.

(h) Replacement

    If during the inspection required by paragraph (g)(1) of this 
AD, an inflatable harness has a part number and batch number 
identified in Appendix I of Intertechnique Service Bulletin MXH-35-
240, Revision 7, dated September 1, 2011 (for all airplanes other 
than Bombardier airplanes); or Appendix I of Intertechnique Service 
Bulletin MXH-35-241, Revision 2, dated May 19, 2011 (for Bombardier 
airplanes): Before further flight, replace the inflatable harness 
with a new or re-identified harness, in accordance with the 
Accomplishment Instructions of Intertechnique Service Bulletin MXH-
35-240, Revision 7, dated September 1, 2011 (for all airplanes other 
than Bombardier airplanes); or Intertechnique Service Bulletin MXH-
35-241, Revision 2, dated May 19, 2011 (for Bombardier airplanes).

(i) Exception

    Oxygen mask regulators having a date of manufacturing (DMF) code 
of November 2008 (112008 or 11-08) or earlier, and those with a DMF 
of January 2011 (012011 or 01-11) or later, are excluded from the 
inspection and replacement requirements of paragraphs (g) and (h) of 
this AD, provided it can be demonstrated that the inflatable harness 
has not been replaced on those masks. A review of airplane delivery 
or maintenance records is acceptable to make the determination as 
specified in this paragraph if the part number, batch number, and 
DMF can be conclusively determined from that review.

(j) Definition

    For the purpose of this AD, Bombardier airplanes include 
airplanes previously manufactured by Canadair or by De Havilland 
Canada.

(k) Parts Installation Prohibition

    As of the effective date of this AD, no person may install a 
flight crew oxygen mask regulator having a part number and batch 
number on the inflatable harness that is found in Appendix I of 
Intertechnique Service Bulletin MXH-35-240, Revision 7, dated 
September 1, 2011 (for all airplanes other than Bombardier 
airplanes); or Intertechnique Service Bulletin MXH-35-241, Revision 
2, dated May 19, 2011 (for Bombardier airplanes) on any airplane.

(l) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph 
(g) of this AD, if those actions were performed before the effective 
date of this AD using a service bulletin specified in paragraph 
(l)(1), (l)(2), or (l)(3) of this AD:
    (1) Intertechnique Service Bulletin MXH-35-240, Revision 6, 
dated August 16, 2011.
    (2) Intertechnique Service Bulletin MXH-35-240, Revision 5, 
dated July 26, 2011.
    (3) Intertechnique Service Bulletin MXH-35-240, Revision 4, 
dated June 10, 2011.

(m) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Boston Aircraft Certification Office (ACO) ANE-150, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the ACO, send it to ATTN: Caspar Wang, Aerospace 
Engineer, Boston Aircraft Certification Office (ACO) ANE-150, FAA, 
Engine and Propeller Directorate, 12 New England Executive Park, 
Burlington, MA 01803; phone: (781) 238-7799; fax: (781) 238-7170. 
Before using any approved AMOC, notify your appropriate principal 
inspector, or lacking a principal inspector, the manager of the 
local flight standards district office/certificate holding district 
office. The AMOC approval letter must specifically reference this 
AD.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.

(n) Related Information

    (1) Refer to MCAI EASA Airworthiness Directive 2011-0090R1, 
dated July 13, 2011, and the service information specified in 
paragraphs (n)(1)(i) and (n)(1)(ii) of this AD, for related 
information.
    (i) Intertechnique Service Bulletin MXH-35-240, Revision 7, 
dated September 1, 2011.
    (ii) Intertechnique Service Bulletin MXH-35-241, Revision 2, 
dated May 19, 2011.
    (2) For service information identified in this AD, contact 
Intertechnique Aircraft Systems, 61 Rue Pierre Curie BP 1, 78373 
Plaisir Cedex--France; telephone: (33) 1 61 34 12 32; fax: (33) 1 64 
86 69 84; email: [email protected]; Internet: 
www.zodiacaerospace.com. You may review copies of the referenced 
service information at the FAA, Transport Airplane Directorate, 1601 
Lind Avenue SW., Renton, Washington. For information on the 
availability of this material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on October 15, 2012.
John P. Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-26266 Filed 10-24-12; 8:45 am]
BILLING CODE 4910-13-P