[Federal Register Volume 76, Number 36 (Wednesday, February 23, 2011)]
[Proposed Rules]
[Pages 9984-9987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4046]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0139; Directorate Identifier 2010-CE-057-AD]
RIN 2120-AA64


Airworthiness Directives; B/E Aerospace, Continuous Flow 
Passenger Oxygen Mask Assembly, Part Numbers 174006-(), 174080-(), 
174085-(), 174095-(), 174097-(), and 174098-()

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) for the 
products listed above, except for those that are currently affected by 
similar action through any of five ADs applicable to Boeing products. 
This proposed AD would require an inspection/records check to determine 
the manufacturer and part number of the oxygen mask assemblies 
installed, an inspection to determine the manufacturing date and 
modification status if certain oxygen mask assemblies are installed, 
and corrective action for certain oxygen mask assemblies. This proposed 
AD was prompted by a report that several oxygen mask assemblies with 
broken in-line flow indicators were found following a mask deployment. 
We are proposing this AD to prevent the in-line flow indicators of the 
oxygen mask assembly from fracturing and separating, which could 
inhibit oxygen flow to the masks. This condition could consequently 
result in occupants developing hypoxia following a depressurization 
event.

DATES: We must receive comments on this proposed AD by April 11, 2011.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> Hand Delivery: Deliver to Mail address above 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, 10800 Pflumm Road, Lenexa, Kansas 66215; telephone: 913-888-
9800; fax: 913-469-8419; Internet: http://www.beaerospace.com. You may 
review copies of the referenced service information at the FAA, Small 
Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For 
information on the availability of this material at the FAA, call 816-
329-4148.

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 proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Office (phone: 800-647-5527) is in the ADDRESSES 
section. Comments will be available in the AD docket shortly after 
receipt.

FOR FURTHER INFORMATION CONTACT: David Fairback, Aerospace Engineer, 
Wichita Aircraft Certification Office, FAA, 1801 Airport Road, Room 
100, Wichita, Kansas 67209; telephone: (316) 946-4154; fax: (316) 946-
4107; e-mail: <a href="/cdn-cgi/l/email-protection#cbafaabda2afe5adaaa2b9a9aaa8a08badaaaae5aca4bd"><span class="__cf_email__" data-cfemail="d8bcb9aeb1bcf6beb9b1aabab9bbb398beb9b9f6bfb7ae">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2011-0139; 
Directorate Identifier 2010-CE-057-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

[[Page 9985]]

consider all comments received by the closing date and may amend this 
proposed 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 proposed AD.

Discussion

    We received a report that several oxygen mask assemblies with 
broken in-line flow indicators were found following a mask deployment. 
That report prompted us to issue the following ADs:
    <bullet> AD 2007-26-06, amendment 39-15308 (72 FR 71210, December 
17, 2007), for certain Boeing Model 747-200B, 747-300, and 747-400 
series airplanes identified in Boeing Service Bulletin 747-35-2119, 
dated November 30, 2006;
    <bullet> AD 2008-08-08, amendment 39-15460 (73 FR 19982, April 14, 
2008), for certain Boeing Model 757-200, 757-200CB, 757-200PF, and 757-
300 series airplanes identified in Boeing Special Attention Service 
Bulletin 757-35-0028, dated April 9, 2007;
    <bullet> AD 2008-12-05, amendment 39-15548 (73 FR 32996, June 11, 
2008), for certain Boeing Model 777-200, 777-200LR, 777-300, and 777-
300ER series airplanes identified in Boeing Special Attention Service 
Bulletin 777-35-0019, dated March 9, 2006;
    <bullet> AD 2008-13-21, amendment 39-15584 (73 FR 37781, July 2, 
2008), for certain Boeing Model 767-200, 767-300, and 767-400ER series 
airplanes identified in Boeing Special Attention Service Bulletin 767-
35-0054, dated July 6, 2006; and
    <bullet> AD 2010-14-06, amendment 39-16351 (75 FR 38014, July 1, 
2010), for certain Boeing Model 737-200, 737-300, 737-400, and 737-500 
series airplanes identified in Boeing Special Attention Service 
Bulletin 737-35-1099, Revision 1, dated April 23, 2009.
    Those ADs require an inspection to determine the manufacturer and 
manufacture date of certain oxygen mask assemblies and corrective 
action if necessary. We issued those ADs to prevent the in-line flow 
indicators of the oxygen mask assembly from fracturing and separating, 
which could inhibit oxygen flow to the masks. This condition could 
consequently result in occupants developing hypoxia following a 
depressurization event.

Actions Since Existing ADs Were Issued

    Since we issued the ADs listed in the previous section, we 
determined that the oxygen mask assemblies on the affected aircraft 
have the same flow indicators as those installed on certain oxygen mask 
assemblies manufactured under B/E Aerospace Technical Standard Order 
Authorization (TSOA) for Technical Standard Order (TSO) TSO-C64 and 
TSO-C64A. Articles manufactured under a TSOA may be installed on 
various aircraft by a supplemental type certificate or field approval. 
Therefore, we have determined that aircraft other than those identified 
in the ADs listed in the previous section may also be subject to the 
identified unsafe condition.
    This condition, if not corrected, could result in the in-line flow 
indicators of the oxygen mask assembly fracturing and separating, which 
could inhibit oxygen flow to the masks and consequently result in 
occupants developing hypoxia following a depressurization event.

Relevant Service Information

    We reviewed B/E Aerospace Service Bulletin 174080-35-04, Rev 000, 
dated September 6, 2010. The service information describes procedures 
for identifying an affected oxygen mask assembly and modifying the 
oxygen mask assembly by replacing the in-line flow indicator with an 
improved in-line flow indicator.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in the service information described previously.

Differences Between the Proposed AD and the Service Information

    B/E Aerospace Service Bulletin 174080-35-04, Rev 000, dated 
September 6, 2010, lists all affected oxygen mask assembly part 
numbers; including part numbers listed in B/E Aerospace Service 
Bulletin 174080-35-01, February 6, 2006 (original issue); Revision 1, 
dated May 1, 2006; and Revision 2, dated May 28, 2008. The oxygen mask 
assemblies affected by AD 2007-26-06, AD 2008-08-08, AD 2008-12-05, AD 
2008-13-21, or AD 2010-14-06 are not affected by this proposed AD.

Costs of Compliance

    We estimate that this proposed AD affects 400,000 oxygen mask 
assemblies.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                  Cost per        Cost on U.S.
               Action                      Labor cost          Parts cost          product          operators
----------------------------------------------------------------------------------------------------------------
Replace the in-line flow indicator   0.5 work-hour x $85               $6.00            $48.50       $19,400,000
 per mask.                            per hour = $42.50.
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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.

[[Page 9986]]

    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.

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 
airworthiness directive (AD):

B/E Aerospace: Docket No. FAA-2011-0139; Directorate Identifier 
2010-CE-057-AD.

Comments Due Date

    (a) We must receive comments by April 11, 2011.

Affected ADs

    (b) None. This AD does not revise or supersede any existing ADs. 
The following ADs address the unsafe condition described in 
paragraph (e) of this AD for certain installations on certain Boeing 
airplanes:
    (1) AD 2007-26-06, amendment 39-15308 (72 FR 71210, December 17, 
2007), for certain Boeing Model 747-200B, 747-300, and 747-400 
series airplanes identified in Boeing Service Bulletin 747-35-2119, 
dated November 30, 2006;
    (2) AD 2008-08-08, amendment 39-15460 (73 FR 19982, April 14, 
2008), for certain Boeing Model 757-200, 757-200CB, 757-200PF, and 
757-300 series airplanes identified in Boeing Special Attention 
Service Bulletin 757-35-0028, dated April 9, 2007;
    (3) AD 2008-12-05, amendment 39-15548 (73 FR 32996, June 11, 
2008), for certain Boeing Model 777-200, 777-200LR, 777-300, and 
777-300ER series airplanes identified in Boeing Special Attention 
Service Bulletin 777-35-0019, dated March 9, 2006;
    (4) AD 2008-13-21, amendment 39-15584 (73 FR 37781, July 2, 
2008), for certain Boeing Model 767-200, 767-300, and 767-400ER 
series airplanes identified in Boeing Special Attention Service 
Bulletin 767-35-0054, dated July 6, 2006; and
    (5) AD 2010-14-06, amendment 39-16351 (75 FR 38014, July 1, 
2010), for certain The Boeing Company Model 737-200, 737-300, 737-
400, and 737-500 series airplanes identified in Boeing Special 
Attention Service Bulletin 737-35-1099, Revision 1, dated April 23, 
2009.

Applicability

    (c) This AD applies to B/E Aerospace, Continuous Flow Passenger 
Oxygen Mask Assembly; Part Numbers 174006-(), 174080-(), 174085-(), 
174095-(), 174097-(), and 174098-() as listed in B/E Aerospace 
Service Bulletin 174080-35-04, Rev 000, dated September 6, 2010, 
that are installed on any aircraft except for those Boeing airplanes 
specified in the ADs referenced in paragraphs (b)(1), (b)(2), 
(b)(3), (b)(4), and (b)(5) of this AD.

    Note:  The service bulletin lists the part numbers with a suffix 
of ``XX.'' The TSO Index lists the part numbers with the suffix of 
``().'' For the purposes of this AD, we have used ``().''

Subject

    (d) Joint Aircraft System Component (JASC)/Air Transport 
Association (ATA) of America Code 35: Oxygen.

Unsafe Condition

    (e) This AD was prompted by a report that several oxygen mask 
assemblies with broken in-line flow indicators were found following 
a mask deployment. We are issuing this AD to prevent the in-line 
flow indicators of the oxygen mask assembly from fracturing and 
separating, which could inhibit oxygen flow to the masks. This 
condition could consequently result in occupants developing hypoxia 
following a depressurization event.

Compliance

    (f) Comply with this AD within the compliance times specified, 
unless already done.

Records Check/Inspection

    (g) Within 36 months after the effective date of this AD or 
within 6,500 hours time-in-service after the effective date of this 
AD, whichever occurs first, do the following:
    (1) Do a records check to determine if any oxygen mask assembly 
part number listed in B/E Aerospace Service Bulletin 174080-35-04, 
Rev 000, dated September 6, 2010, is installed. If you cannot 
positively determine the manufacturer and part number of any oxygen 
mask assembly installed, do a general visual inspection to determine 
if any oxygen mask assembly part number listed in B/E Aerospace 
Service Bulletin 174080-35-04, Rev 000, dated September 6, 2010, is 
installed. If you can positively determine that no oxygen mask 
assembly part number listed in B/E Aerospace Service Bulletin 
174080-35-04, Rev 000, dated September 6, 2010, is installed, no 
further action is required by this paragraph.
    (2) If, as a result of the records check/inspection required in 
paragraph (g)(1) of this AD, you determine that an oxygen mask 
assembly part number listed in B/E Aerospace Service Bulletin 
174080-35-04, Rev 000, dated September 6, 2010, is installed, 
inspect the oxygen mask assembly to determine if the in-line flow 
indicator must be replaced following paragraph II.A. of B/E 
Aerospace Service Bulletin 174080-35-04, Rev 000, dated September 6, 
2010. If you can positively determine that the in-line flow 
indicator does not require replacement, no further action is 
required by this paragraph.

Modification/Replacement

    (h) Before further flight after the inspection in paragraph 
(g)(2) of this AD where you determined the in-line flow indicator 
must be replaced, modify the oxygen mask assembly by replacing the 
in-line flow indicator following B/E Aerospace Service Bulletin 
174080-35-04, Rev 000, dated September 6, 2010. As an alternative to 
modifying the oxygen mask assembly, you may replace the oxygen mask 
assembly with an airworthy oxygen mask assembly FAA-approved for 
installation on the aircraft.

Parts Installation

    (i) As of the effective date of this AD, no person may install a 
B/E Aerospace oxygen mask assembly having a part number listed in B/
E Aerospace Service Bulletin 174080-35-04, Rev 000, dated September 
6, 2010, with a manufacturing date on or after January 1, 2002, and 
before March 1, 2006, on any aircraft, unless it has been modified 
in accordance with the requirements of paragraph (h) of this AD.

Alternative Methods of Compliance (AMOCs)

    (j)(1) The Manager, Wichita Aircraft Certification Office (ACO), 
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 manager of the ACO, send it to the 
attention of the person identified in the Related Information 
section of this AD.
    (2) Before using any approved AMOC, notify your Principal 
Maintenance Inspector or Principal Avionics Inspector, as 
appropriate, or lacking a principal inspector, your local Flight 
Standards District Office.

Related Information

    (k) For more information about this AD, contact David Fairback, 
Aerospace Engineer, Wichita ACO, FAA, 1801 Airport Road, Room 100, 
Wichita, Kansas 67209; telephone: (316) 946-4154; fax: (316) 946-
4107; e-mail: <a href="/cdn-cgi/l/email-protection#cbafaabda2afe5adaaa2b9a9aaa8a08badaaaae5aca4bd"><span class="__cf_email__" data-cfemail="f59194839c91db93949c879794969eb5939494db929a83">[email protected]</span></a>.
    (l) For service information identified in this AD, contact B/E 
Aerospace, 10800 Pflumm Road, Lenexa, Kansas 66215; telephone: 913-
888-9800; fax: 913-469-8419; Internet: http://www.beaerospace.com. 
You may review copies of the referenced service information at the 
FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri 
64106. For information on the availability of this material at the 
FAA, call 816-329-4148.


[[Page 9987]]


    Issued in Kansas City, Missouri, on February 15, 2011.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2011-4046 Filed 2-22-11; 8:45 am]
BILLING CODE 4910-13-P


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