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).
--------------------------------------------------------------------------
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:
david.hirt@faa.gov.
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:
--------------------------------------------------------------------------
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 replace-
ment 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 devel-
op 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 Proc-
edures (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 Regulat-
ory 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: