Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Proposed Rules 12713 

Bombardier TR ALI–82, dated August 15, 

2008, and Bombardier TR ALI–89, dated 

March 27, 2009, to Part 2, Airworthiness 

Limitation Items, of the Bombardier Dash 8 

Q400 Maintenance Requirements Manual, 

PSM 1–84–7; and Goodrich Dressed Shock 

Strut Assembly Main Landing Gear Part No. 

46100–29/–31/–33/–35/–37/–39/–41/–43/– 

45/–47/–49/–51/–53 and –55 Component 

Maintenance Manual with Illustrated Parts 

List 32–11–03, Revision 11, dated August 22, 

2008; for related information. 

Issued in Renton, Washington, on March 9, 

2010. 

Jeffrey E. Duven, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–5858 Filed 3–16–10; 8:45 am] 

BILLING CODE 4910–13–P 

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 highpressure 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: 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
12714 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Proposed Rules 

Labor cost Parts cost Total cost 

per airplane 

Total cost on U.S. operators 

based on all airplanes having 

the affected oxygen cylinder 

installed 

0.5 work-hour × $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: 

Labor cost Parts cost Total cost 

per airplane 

2 work-hours × $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. 

§ 39.13 [Amended] 

2. The FAA amends § 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. 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Proposed Rules 12715 

TABLE 1—AFFECTED OXYGEN CYLINDER SERIAL NUMBERS (S/N)—Continued 

Cylinder manufacturer Affected S/N 

ST86299 through ST86307. 

B/E Aerospace .................................................... K495120 through K495121. 

K629573 through K629577. 

K674451 through K674455. 

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: 

david.hirt@faa.gov. 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 

FEDERAL TRADE COMMISSION 

16 CFR Ch. I 

Notice of Intent To Request Public 

Comments 

AGENCY: Federal Trade Commission. 

ACTION: Notice of intent to request 

public comments. 

SUMMARY: As part of its systematic 

review of all Federal Trade Commission 

rules and guides, the Commission gives 

notice that, during 2010, it intends to 

request public comments on the rules 

listed below (‘‘Rules’’). The Commission 

will request comments on, among other 

things, the economic impact of and the 

continuing need for the Rules; possible 

conflict between the Rules and state, 

local, or other federal laws or 

regulations; and the effect of any 

technological, economic, or other 

industry changes on the Rules. Further, 

the Commission gives notice that, based 

on its current ongoing review 

proceedings, it is postponing regulatory 

review for certain rules previously 

scheduled for 2010 review. In addition, 

the Commission announces that it is 

accelerating its review of the Labeling 

Requirements for Alternative Fuels and 

Alternative Fueled Vehicles Rule to 

2010. No Commission determination on 

the need for, or the substance of, the 

Rules should be inferred from the notice 

of intent to publish requests for 

comments. Finally, the Commission 

announces a revised 10-year regulatory 

review schedule. 

DATES: Comments must be submitted on 

or before April 16, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Further details may be obtained from 

the contact person listed for the 

particular Rule. 

SUPPLEMENTARY INFORMATION: The 

Commission intends to initiate a review 

of, and solicit public comments on, the 

following Rules during 2010: 

(1) Retail Food Store Advertising and 

Marketing Practices Rule, 16 CFR 424. 

Agency Contact: Janice Podoll Frankle, 

(202) 326-3022, Federal Trade 

Commission, Bureau of Consumer 

Protection, Division of Enforcement, 600 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1