DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2012-1107; Directorate Identifier 2011-NM-216-AD;
Amendment 39-18143; AD 2015-08-07]
RIN 2120-AA64
Airworthiness Directives; Zodiac Aerotechnics (Formerly
Intertechnique Aircraft Systems) Oxygen Mask Regulators
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: We are adopting a new airworthiness directive (AD) for
certain
Zodiac Aerotechnics (formerly Intertechnique Aircraft Systems) oxygen
mask regulators. 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. This AD requires inspecting and replacing
defective harnesses with new or modified serviceable units. 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.
DATES: This AD becomes effective June 16, 2015.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of June 16,
2015.
ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2012-1107;
or in person at
the Docket Management Facility, U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC.
For Zodiac Aerospace service information identified in this AD,
contact Zodiac Services, Technical Publication Department, Zodiac
Aerotechnics, Oxygen Systems Europe, 61 Rue Pierre Curie-CS20001, 78373
Plaisir Cedex, France; phone: (33) 01 61 34 23 23; fax: (33) 01 30 55
71 61; email: yann.laine@zodiacaerospace.com; Internet:
www.services.zodiacaerospace.com. You may view this referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call 425-227-1221. It is also available on the
Internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2012-1107.
FOR FURTHER INFORMATION CONTACT: Ian Lucas, Aerospace Engineer,
Boston
Aircraft Certification Office (ACO) ANE-150, FAA, Engine and Propeller
Directorate, 12 New England Executive Park, Burlington, MA 01803;
phone: 781-238-7757; fax: 781-238-7170; email: ian.lucas@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain Zodiac Aerotechnics
(formerly Intertechnique Aircraft Systems) oxygen mask regulators. The
NPRM published in the Federal Register on October 25, 2012 (77 FR
65148).
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2011-0090R1, dated July 13, 2011 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to detect and correct an unsafe condition on certain
Zodiac Aerotechnics (formerly Intertechnique Aircraft Systems) oxygen
mask regulators. The MCAI states:
A malfunction of a quick donning mask was reported to [Zodiac
Aerotechnics (formerly] Intertechnique [Aircraft Systems], who
initiated 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 [Zodiac Aerospace]
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 [EASA] 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 [Zodiac Aerospace]
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 [EASA] 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 examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2012-1107-0003.
Actions Since the NPRM (77 FR 65148, October 25, 2012) was Issued
We have reviewed Zodiac Aerospace Service Bulletin MXH-35-241,
Revision 3, dated June 23, 2011. The NPRM referenced Zodiac Aerospace
(formerly Intertechnique Aircraft Systems) Service Bulletin MXH-35-241,
Revision 2, dated May 19, 2011, as one of the appropriate sources of
service information for the required actions. Zodiac Aerospace Service
Bulletin MXH-35-241, Revision 3, dated June 23, 2011, corrected
typographical errors and updated a flow chart, but specifies the same
procedures as the earlier revision.
We have revised the references in paragraphs (g) and (h) of this AD
to refer to Zodiac Aerospace Service Bulletin MXH-35-241, Revision 3,
dated June 23, 2011, as one of the appropriate sources of service
information for the required actions. We have also added Zodiac
Aerospace Service Bulletin MXH-35-241, Revision 2, dated May 19, 2011,
to paragraph (l) of this AD to allow credit for previous actions done
using that service information.
Comments
We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the NPRM (77
FR 65148, October 25, 2012) and the FAA's response to each comment.
Request To Revise Service Information Contact
Zodiac Aerotechnics (formerly Intertechnique Aircraft Systems)
requested revising the contact address, telephone number, and Web site
in paragraph (n)(2) of the NPRM (77 FR 65148, October 25, 2012) to read
``61 Rue Pierre Curie CS20001,'' and ``telephone: (33) 1 61 34 23 23,''
and ``www.services.zodiacaerospace.com.''
We have revised this AD to identify the legal name of the
manufacturer as published in the most recent technical service order
for crewmember demand oxygen masks. Intertechnique Aircraft
Systems changed its legal name to Zodiac Aerotechnics; therefore we
revised the manufacturer name in the SUMMARY and ADDRESSES sections,
and ``Applicability'' and ``Material Incorporated by Reference''
paragraphs of this AD. We have changed this contact information in the
ADDRESSES section of this final rule and paragraph (o)(3) of this AD
accordingly.
Request To Withdraw NPRM (77 FR 65148, October 25, 2012) or Revise
Compliance Time
American Airlines (American) requested that we withdraw the NPRM
(77 FR 65148, October 25, 2012). Based on Boeing's analysis referenced
in a Boeing Service Letter, American disagreed with the need for the
NPRM. American stated that the concern in the NPRM has been reviewed by
Boeing for potential safety and was found not to be safety-based on a
numerical risk assessment. American stated that if we do not withdraw
the NPRM, it requests that we extend the threshold specified in the
NPRM to a minimum of 3 years.
We do not agree with the commenter's request to withdraw the NPRM
(77 FR 65148, October 25, 2012) or extend the compliance time. We agree
with the EASA's finding of an unsafe condition, as explained in EASA AD
2011-0090R1, dated July 13, 2011, as well as the compliance time for
taking corrective action that is specified in the EASA AD 2011-0090R1.
However, affected operators may request approval of an alternative
method of compliance (AMOC) for an extension of the compliance time for
the inspection under the provisions of paragraph (m) of this AD by
submitting data substantiating that the change would provide an
acceptable level of safety. We have not changed this AD in this regard.
Request To Clarify Affected Airplanes for Inspection and Replacement
Requirements
Horizon Air requested that paragraphs (g)(1), (g)(2), (h), and (k)
of the NPRM (77 FR 65148, October 25, 2012) be revised for clarity.
Horizon stated the NPRM appears to address only the ``as delivered''
condition of the airplanes. Horizon indicated the NPRM stated that
Zodiac Aerospace Service Bulletin MXH-35-240, Revision 7, dated
September 1, 2011, applies ``for all aircraft other than Bombardier
airplanes,'' and Zodiac Aerospace Service Bulletin MXH-35-241, Revision
3, dated June 23, 2011, applies ``for Bombardier airplanes.'' Horizon
stated this is incorrect since Zodiac Aerospace Service Bulletin MXH-
35-240, Revision 7, dated September 1, 2011, could apply to Bombardier
airplanes if the crew oxygen masks delivered with the airplanes were
removed and replaced with masks listed in Zodiac Aerospace Service
Bulletin MXH-35-240, Revision 7, dated September 1, 2011.
We acknowledge the commenter's concern that it may be possible that
a harness on a Bombardier airplane may be replaced with one listed in
Appendix I of Zodiac Service Bulletin MXH-35-240, Revision 7, dated
September 1, 2011, during the maintenance of the airplane. However,
this AD corresponds to EASA AD 2011-0090R1, dated July 13, 2011, which
specifies using Zodiac Aerospace Service Bulletin MXH-35-241, Revision
3, dated June 23, 2011, for Bombardier airplanes. The suggested changes
would alter the actions currently proposed in the NPRM (77 FR 65148,
October 25, 2012), so additional rulemaking would be required.
We find that delaying this action would be inappropriate in light
of the identified unsafe condition. Therefore, we have not changed this
AD regarding this issue. However, we might consider further rulemaking
if EASA issues additional rulemaking or we determine that an additional
inspection of Bombardier airplanes for harnesses identified in Appendix
I of Zodiac Service Bulletin MXH-35-240, Revision 7, dated September 1,
2011, is necessary.
Request To Revise Regulatory Paragraph into a Note
United Airlines (United) requested that we change paragraph (g)(2)
of the NPRM (77 FR 65148, October 25, 2012) to a note. United contends
that paragraph (g)(2) of the NPRM is worded as a clarification as to
whether an operator can use Appendix II of Zodiac Service Bulletin MXH
35 240, Revision 7, dated September 1, 2011; or Appendix II of Zodiac
Service Bulletin MXH 35 241, Revision 3, dated June 23, 2011; alone in
demonstrating compliance to the AD.
We agree that the wording in paragraph (g)(2) of the NPRM (77 FR
65148, October 25, 2012) is informational and is meant to clarify that
using Appendix II of Zodiac Service Bulletin MXH 35 241, Revision 3,
dated June 23, 2011 alone is not allowed. We have re-designated
paragraph (g)(2) of the NPRM as Note 1 to paragraph (g) of this AD. We
have also re-designated paragraph (g)(1) of the NPRM as paragraph (g)
of this AD.
Request To Revise Compliance Time
Air Wisconsin Airlines (Air Wisconsin) requested that the phrase
``Before further flight'' specified in paragraph (h) of the NPRM (77 FR
65148, dated October 25, 2012) be replaced using a compliance time of
``Within 24 months after the effective date of this AD,'' to match the
compliance time specified in paragraph (g)(1) of the NPRM. Air
Wisconsin stated paragraph (g)(1) of the NPRM would require an
inspection to determine if the part number and batch number of the
inflatable harness are listed in Appendix I of Zodiac Service Bulletin
MXH-35-241, Revision 2, dated May 19, 2011.
We agree with the commenter's request because the intent of this
final rule is to replace affected harnesses within a compliance time of
24 months. We have changed the compliance time in paragraph (h) of this
AD to read, ``Within 24 months after the effective date of this AD.''
Request To Revise Exception Paragraph to Include Date of Manufacture
(DMF) Codes
American requested that the list of excluded part numbers specified
by paragraph 1.A.(4) of Zodiac Service Bulletin MXH-35-240, Revision 7,
dated September 1, 2011, be included in paragraph (i) of the NPRM (77
FR 65148, October 25, 2012), for clarity.
We agree with the commenter's request to include the excluded part
numbers because the list of excluded oxygen mask regulators specified
by paragraph 1.A.(4), ``Not Concerned Equipment,'' of Zodiac Service
Bulletin MXH-35-240, Revision 7, dated September 1, 2011, is not
directly captured in the content of this AD. We have changed paragraph
(i) of this AD to include those part numbers listed in paragraph
1.A.(4), ``Not Concerned Equipment,'' of Zodiac Service Bulletin MXH-
35-240, Revision 7, dated September 1, 2011.
Request To Revise Applicability
American requested that paragraph (c) of the NPRM (77 FR 65148,
October 25, 2012) be revised to state the AD is applicable only to
harnesses having DMF codes between (0850S) and (1031S). American
explained that the corresponding EASA AD 2011-0090R1, dated July 13,
2011, requires the identification and replacement of ``all potentially
defective harnesses.'' American explained that specifying which
harnesses had affected DMF codes would provide clarity.
We disagree with the commenter's request to revise the
applicability specified in paragraph (c) of this AD. The applicability
specified in paragraph (c) of this AD identifies affected oxygen
mask regulators since harnesses can be rotated and replaced on the
oxygen mask regulators. We also note that DMF codes apply to the
regulators and not the harnesses.
However, we note that paragraph (i) of this AD does clarify which
harnesses are affected by the inspection and replacement requirements
of paragraphs (g) and (h) of this AD. Paragraph (i) of this AD also
states that oxygen mask regulators having certain DMF codes are
excluded from the inspection and replacement requirements of paragraphs
(g) and (h) of this AD. No change has been made to this AD in this
regard.
Request To Clarify Affected Oxygen Mask Regulators
United requested we revise paragraph (i) of the NPRM (77 FR 65148,
October 25, 2012) by adding the words ``having a part number and batch
number identified in Appendix I of the service information specified in
paragraph (i)(1) or (i)(2) of this AD'' to clarify which masks are
subject to inspection and replacement requirements. United also
requested that we revise paragraph (i) of the NPRM by specifying that
the part number and batch number are those of the ``harness assembly,''
and the date of manufacturing is that of the ``mask assembly.''
We agree with the commenter's request for the reasons provided by
the commenter. We have revised paragraph (i) of this AD accordingly.
Request To Carry Forward Exceptions and Allow Original Equipment
Manufacturer (OEM) Date in Lieu of DMF Code
Boeing requested that we revise the NPRM (77 FR 65148, October 25,
2012) to allow the exceptions of paragraph (i) of the NPRM to carry
forward into paragraph (k) of the NPRM for the parts installation
prohibition for new production aircraft. Boeing also requested that we
revise the NPRM to allow the date on which an oxygen mask was serviced
for remanufacture or overhaul by the OEM to replace the date of
manufacture of the original mask. Boeing contends that, where
inflatable harnesses have been serviced, the OEM meets all existing AD
requirements.
We disagree with both requests for allowing the exceptions to carry
forward and to allow the date of service to replace the date of
manufacture because the root cause of the defective oxygen masks is a
high premature rupture rate due to defective silicon. This
manufacturing defect affected a specific manufacturing batch. Thus, it
is possible that a mask overhaul may not necessarily address the root
cause or unsafe condition. Also, since oxygen mask regulators are
rotable parts, it is possible that an oxygen mask regulator can be
rotated onto a new production aircraft once it is in service. No change
has been made to this AD in this regard.
Request To Revise Wording in Paragraph (k) of the NPRM (77 FR 65148,
October 25, 2012)
American and Horizon Air requested we revise paragraph (k) of the
NPRM (77 FR 65148, October 25, 2012) by replacing the word ``install''
with the word ``replace.'' American stated if the oxygen mask/regulator
is removed to facilitate maintenance prior to the compliance date of
the AD, the NPRM, as written, would prohibit operators from re-
installing the crew oxygen mask/regulator and would require immediate
installation of a new or re-identified harness in order to comply with
the AD. Horizon stated that the use of the word ``install'' effectively
reduces the compliance time to perform the inspection and replacement
specified by paragraphs (g) and (h) of the NPRM. American stated this
clarification would allow operators adequate time to remove and re-
install a crew oxygen mask/regulator to facilitate maintenance prior to
the compliance date.
United stated that, while paragraph (h) of the NPRM (77 FR 65148,
October 25, 2012) clearly stated the replacement requirement, United
had concerns regarding Zodiac Service Bulletin MXH-35-240, Revision 7,
dated September 1, 2011. We contacted United for clarification. Where
paragraph 3.C. of the Accomplishment Instructions of Zodiac Service
Bulletin MXH-35-240, Revision 7, dated September 1, 2011, uses the word
``modification,'' United suggested using the word ``replacement.''
We agree to provide clarification. The intent of the ``Parts
Installation Prohibition'' specified in paragraph (k) of this AD is
that operators replace parts with good parts rather than bad parts.
Although the words ``install,'' and ``modification'' are generally
considered to be broader than the word ``replace,'' for purposes of
this AD, these words should be interpreted as meaning ``replace'' while
remaining within the spirit and intent of the AD. Therefore, simply
reinstalling the same part during maintenance activities is acceptable
for compliance with the requirements of paragraph (k) of this AD for
that reinstallation. However, if an inflatable harness has a part
number and batch number identified as being from a defective batch
during the inspection required by paragraph (g) of this AD, paragraph
(h) of this AD requires replacement before further flight. We have not
changed the final rule regarding this issue.
Request To Reference Flow Chart Contained in Service Information
Boeing requested that paragraph (k) of the NPRM (77 FR 65148,
October 25, 2012) be revised by adding the words ``This determination
can be made by following the flow chart contained in paragraph 3.,
``Accomplishment Instructions,'' of Zodiac Service Bulletin MXH-35-240,
Revision 7, dated September 1, 2011.'' Boeing stated that, by adding
these words, the NPRM would match EASA AD 2011-0090 R1, dated July 13,
2011. Boeing stated the flow chart includes an acceptance decision
based on the letter ``I'' written on the bushing of the inflatable
harness of the crew oxygen mask to indicate it has been inspected using
this service information.
We agree with the commenter's request because using the flow chart
in paragraph 3., ``Accomplishment Instructions,'' of Zodiac Service
Bulletin MXH-35-240, Revision 7, dated September 1, 2011, reflects the
current method to determine whether a mask needs to be replaced. We
have revised paragraph (k) of this AD by referring to the flow chart
contained in paragraph 3., ``Accomplishment Instructions,'' of Zodiac
Aerospace Service Bulletin MXH-35-240, Revision 7, dated September 1,
2011, to determine if parts are not listed in Appendix I of Zodiac
Aerospace Service Bulletin MXH-35-240, Revision 7, dated September 1,
2011.
We have also removed the reference to Zodiac Aerospace Service
Bulletin MXH-35-241, Revision 2, dated May 19, 2011, from paragraph (k)
of the NPRM (77 FR 65148, October 25, 2012), in order to match EASA AD
2011-0090 R1, dated July 13, 2011. For all airplanes, the parts listed
in Appendix I of Zodiac Aerospace Service Bulletin MXH-35-240, Revision
7, dated September 1, 2011, may not be installed.
Removal of "Airworthy Product" Paragraph from this AD
We have removed paragraph (m)(2) of the NPRM (77 FR 65148, October
25, 2012) since the airworthy product statement regarding contacting
the manufacturer or other sources is unnecessary in this AD. We
redesignated paragraph (m)(1) as paragraph (m) of this AD.
Conclusion
We reviewed the relevant data, considered the comments received,
and determined that air safety and the
public interest require adopting this AD with the changes described
previously and minor editorial changes. We have determined that these
minor changes:
Are consistent with the intent that was proposed in the
NPRM (77 FR 65148, October 25, 2012) for correcting the unsafe
condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM (77 FR 65148, October 25, 2012).
We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.
Related Service Information Under 1 CFR Part 51
Zodiac Aerospace has issued Service Bulletin MXH-35-240, Revision
7, dated September 1, 2011; and Service Bulletin MXH-35-241, Revision
3, dated June 23, 2011. The service information describes procedures
for inspecting and replacing defective harnesses with new or modified
serviceable units. This service information is reasonably available at
http://www.regulations.gov by searching for and locating Docket No.
FAA-2012-1107. Or see ADDRESSES for other ways to access this service
information.
Costs of Compliance
We estimate that this AD affects 5,500 airplanes of U.S. registry.
We also estimate that it will take about 1 work-hour per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Required parts will cost $0 per product. Based on
these figures, we estimate the cost of this AD on U.S. operators to be
$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 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 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.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2012-1107;
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 Operations office (telephone 800-647-
5527) is in the ADDRESSES section.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 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 airworthiness
directive (AD):
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