Federal Register / Vol. 75, No. 12 / Wednesday, January 20, 2010 / Rules and Regulations 3141 

with a radial engine with between 12,000 and 

15,000 hours TIS. 

Example 2: S/N yyy was originally a Group 

3 airplane; later it was modified with a 

PT6A–34, 750 horsepower, turbine engine 

when the wing front lower spar caps had 

5,300 hours TIS on them. The wing front 

lower spar caps now have 7,700 hours TIS. 

Usage Factor = 5,300 hours/28,800 + (7,700 

¥ 5,300)/6,200 = 0.571 

Equivalent Group 1 hours = 6,200 × 0.571 = 

3,540 hours. 

The wing front lower spar caps will need 

to be replaced at 6,200 equivalent Group 1 

total hours TIS, which is within the next 

2,660 hours TIS (6,200 ¥ 3,540 = 2,660). 

Issued in Kansas City, Missouri, on January 

8, 2010. 

Margaret Kline, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–594 Filed 1–19–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0029; Directorate 

Identifier 2009–NM–262–AD; Amendment 

39–16179; AD 2009–21–10 R1] 

RIN 2120–AA64 

Airworthiness Directives; AVOX 

Systems and B/E Aerospace Oxygen 

Cylinder Assemblies, as Installed on 

Various Transport Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is revising an 

existing airworthiness directive (AD), 

which applies to certain AVOX Systems 

and B/E Aerospace oxygen cylinder 

assemblies, as installed on various 

transport airplanes. That AD currently 

requires removing certain oxygen 

cylinder assemblies from the airplane. 

This AD removes certain oxygen 

cylinder part numbers from the 

applicability. 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 maintenance or 

other support personnel. 

DATES: This AD is effective February 4, 

2010. 

We must receive any comments on 

this AD by March 8, 2010. 

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 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

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 AD, the regulatory 

evaluation, any comments received, and 

other information. The street address for 

the Docket 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: 

Nicholas Wilson, Aerospace Engineer, 

Cabin Safety and Environmental 

Systems Branch, ANM–150S, Seattle 

Aircraft Certification Office, FAA, 1601 

Lind Avenue, SW., Renton, Washington 

98057–3356; telephone (425) 917–6476; 

fax (425) 917–6590. 

SUPPLEMENTARY INFORMATION: 

Discussion 

On November 25, 2009, we issued AD 

2009–21–10, amendment 39–16049 (74 

FR 63063, December 2, 2009). That AD 

applies to certain AVOX Systems and B/ 

E Aerospace oxygen cylinder 

assemblies, as installed on various 

transport airplanes. That AD requires 

removing certain oxygen cylinder 

assemblies from the airplane. That AD 

was prompted by the reported rupture 

of a high-pressure gaseous oxygen 

cylinder, which had insufficient 

strength characteristics due to improper 

heat treatment. The actions specified in 

that AD are intended 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 maintenance or 

other support personnel. 

Actions Since AD Was Issued 

Since we issued AD 2009–21–10, we 

have been notified that its applicability 

(in paragraph (c)) erroneously includes 

oxygen cylinder assemblies having part 

numbers B43570–3 and B43570–5. 

Those oxygen cylinder assemblies are 

manufactured from composite material, 

instead of steel, and the erroneous part 

numbers do not correspond to any serial 

numbers listed in the AD. Composite 

oxygen tanks are not subject to the 

identified unsafe condition. These part 

numbers have been removed from Table 

1 of this AD. 

We have also been notified that serial 

numbers K617383 through K617423 

inclusive and K757064 through 

K757066 inclusive have been 

withdrawn from service. These serial 

numbers have been removed from Table 

3 of this AD. 

FAA’s Determination and Requirements 

of This AD 

Certain affected airplanes have been 

approved by the aviation authorities of 

other countries, and are approved for 

operation in the United States. 

The unsafe condition described 

previously is likely to exist or develop 

in other products of these same type 

designs. For this reason, we are issuing 

this AD to revise AD 2009–21–10. This 

new AD retains the requirements of the 

existing AD, but removes part numbers 

B43570–3 and B43570–5 from the 

applicability of this AD, and removes 

certain serial numbers from Table 3 of 

this AD. 

Additional Change to AD 

We have revised this AD to identify 

the legal name of certain manufacturers 

as published in the most recent type 

certificate data sheet for the affected 

airplane models. 

FAA’s Justification and Determination 

of the Effective Date 

This AD addresses the consequences 

of the potential rupture of certain 

oxygen cylinder assemblies. Because of 

our requirement to promote safe flight of 

civil aircraft and thus the critical need 

to ensure the proper functioning of the 

oxygen cylinders and the short 

compliance time involved with this 

action, this AD must be issued 

immediately. 

Because an unsafe condition exists 

that requires the immediate adoption of 


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3142 Federal Register / Vol. 75, No. 12 / Wednesday, January 20, 2010 / Rules and Regulations 

this AD, we find that notice and 

opportunity for prior public comment 

hereon are impracticable and that good 

cause exists for making this amendment 

effective in less than 30 days. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not provide you with notice and 

an opportunity to provide your 

comments before it becomes effective. 

However, we invite you to send any 

written data, views, or arguments about 

this AD. Send your comments to an 

address listed under the ADDRESSES

section. Include ‘‘Docket No. FAA– 

2010–0029; Directorate Identifier 2009– 

NM–262–AD’’ at the beginning of your 

comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this AD. We will consider all 

comments received by the closing date 

and may amend this 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 AD. 

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 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 the 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 AD and placed it in the AD docket. 

See the ADDRESSES section for a location 

to examine the regulatory evaluation. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Safety. 

Adoption of the Amendment 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends part 39 of the Federal 

Aviation Regulations (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 

removing amendment 39–16049 (74 FR 

63063, December 2, 2009) and adding 

the following new AD: 

2009–21–10 R1 AVOX Systems and B/E 

Aerospace: Amendment 39–16179. 

Docket No. FAA–2010–0029; Directorate 

Identifier 2009–NM–262–AD. 

Effective Date 

(a) This airworthiness directive (AD) is 

effective February 4, 2010. 

Affected ADs 

(b) This AD revises AD 2009–21–10, 

Amendment 39–16049. 

Applicability 

(c) This AD applies to the oxygen cylinder 

assemblies, approved under United States 

Department of Transportation Regulations for 

Type 3HT cylinders, identified in Table 1 of 

this AD. These oxygen cylinder assemblies 

may be installed on various transport 

airplanes, certificated in any category, 

identified in but not limited to the airplanes 

included in Table 2 of this AD. 

TABLE 1—AFFECTED OXYGEN

CYLINDER ASSEMBLY PART NUMBERS

Manufacturer Part Nos. 

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 

8915 series* 

B/E Aerospace ................... 176018–115 

176112–115 

176177–115 

176181–115 

176529–97 

(*For example, 6350A34–X–X or 8915XX– 

XX, where ‘‘X’’ denotes a part number digit.) 

TABLE 2—AFFECTED AIRPLANES

Manufacturer Model 

Airbus .................................................................. A300 B4–620, B4–622, B4–605R, and F4–605R airplanes. 

A310–203, –204, –221, –222, –304, and –324 airplanes. 

A318–111 and –112 airplanes. 

A319–111, –112, –113, –114, –115, –131, –132, and –133 airplanes. 

A320–111, –211, –212, –214, –231, –232, and –233 airplanes. 

A321–111, –112, –131, –211, and –231 airplanes. 

A330–301, –321, and –322 airplanes. 

A340–211 and –212 airplanes. 

A340–311 and –312 airplanes. 


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Federal Register / Vol. 75, No. 12 / Wednesday, January 20, 2010 / Rules and Regulations 3143 

TABLE 2—AFFECTED AIRPLANES—Continued 

Manufacturer Model 

The Boeing Company ......................................... 707–100 long body, –200, –100B long body, and –100B short body series airplanes; and 707– 

300, –300B, –300C, and –400 series airplanes. 

727, 727C, 727–100, 727–100C, 727–200, and 727–200F series airplanes. 

737–100, –200, –200C, –300, –400, –500, –600, –700, –700C, –800, –900, and –900ER series airplanes. 

747–100, 747–100B, 747–100B SUD, 747–200B, 747–200C, 747–200F, 747–300, 747–400, 

747–400D, 747–400F, 747SR, and 747SP series airplanes. 

757–200, –200PF, –200CB, and –300 series airplanes. 

767–200, –300, –300F, and –400ER series airplanes. 

777–200, –200LR, –300, –300ER, and 777F series airplanes. 

Gulfstream Aerospace Corporation .................... G–IV airplanes. 

McDonnell Douglas Corporation ......................... DC–8–11, DC–8–12, DC–8–21, DC–8–31, DC–8–32, DC–8–33, DC–8–41, DC–8–42, DC–8– 

43, DC–8–51, DC–8–52, DC–8–53, and DC–8–55 airplanes. 

DC–9–11, DC–9–12, DC–9–13, DC–9–14, DC–9–15, DC–9–15F, DC–9–21, DC–9–31, DC–9– 

32, DC–9–32 (VC–9C), DC–9–32F, DC–9–32F (C–9A, C–9B), DC–9–33F, DC–9–34, DC– 

9–34F, DC–9–41, DC–9–51, DC–9–81 (MD–81), DC–9–82 (MD–82), DC–9–83 (MD–83), 

and DC–9–87 (MD–87) airplanes. 

DC–10–10, DC–10–10F, DC–10–15, DC–10–30, DC–10–30F (KC–10A and KDC–10), and 

DC–10–40 airplanes. 

MD–10–10F and MD–10–30F airplanes. 

MD–11 and MD–11F airplanes. 

MD–88 airplanes. 

MD–90–30 airplanes. 

Short Brothers PLC ............................................ SD3–30, SD3–SHERPA, and SD3–60 SHERPA airplanes. 

Subject 

(d) Air Transport Association (ATA) of 

America 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. The Federal Aviation 

Administration is 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 

maintenance or other support personnel. 

Compliance 

(f) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Restatement of Requirements of AD 2009– 

21–10, With Revised Serial Numbers 

Inspection 

(g) Within 90 days after December 17, 2009 

(the effective date of AD 2009–21–10), 

inspect to determine the serial number of the 

oxygen cylinder assemblies installed in the 

airplane. 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 numbers of the oxygen 

cylinder assemblies can be conclusively 

determined from that review. For any oxygen 

cylinder assembly that has a serial number 

identified in Table 3 of this AD: Remove it 

from the airplane before further flight. 

TABLE 3—AFFECTED OXYGEN

CYLINDER ASSEMBLY SERIAL NUMBERS

Cylinder manufacturer Affected Serial Nos. 

AVOX Systems ... ST82307 through 

ST82309 inclusive. 

ST82335 through 

ST82378 inclusive. 

ST82385 through 

ST82506 inclusive, except for S/N ST82498, 

which ruptured. 

ST82550 through 

ST82606 inclusive. 

ST82617 through 

ST82626 inclusive. 

ST83896 through 

ST83905 inclusive. 

ST84209 through 

ST84218 inclusive. 

ST84224 through 

ST84236 inclusive. 

ST86138. 

ST86143. 

ST86145. 

ST86150. 

ST86169. 

ST86172. 

ST86177. 

ST86299 through 

ST86307 inclusive. 

B/E Aerospace .... K495120 through 

K495121 inclusive. 

K629573 through 

K629577 inclusive. 

K674451 through 

K674455 inclusive. 

Parts Installation 

(h) As of December 17, 2009, no person 

may install, on any airplane, a United States 

Department of Transportation Type 3HT 

oxygen cylinder assembly that has a part 

number identified in Table 1 of this AD and 

a serial number identified in Table 3 of this 

AD. 

Alternative Methods of Compliance 

(AMOCs) 

(i)(1) The Manager, Seattle Aircraft 

Certification 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: Nicholas Wilson, 

Aerospace Engineer, Cabin Safety and 

Environmental Systems Branch, ANM–150S, 

Seattle Aircraft Certification Office, FAA, 

1601 Lind Avenue, SW., Renton, Washington 

98057–3356; telephone (425) 917–6476; fax 

(425) 917–6590. Or, e-mail information to 9– 

ANM–Seattle-ACO–AMOC– 

Requests@faa.gov. 

(2) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Before using any approved AMOC on 

any airplane to which the AMOC applies, 

notify your principal maintenance inspector 

(PMI) or principal avionics inspector (PAI), 

as appropriate, or lacking a principal 

inspector, your local Flight Standards District 

Office. The AMOC approval letter must 

specifically refer to this AD. 

Material Incorporated by Reference 

(j) None. 

Issued in Renton, Washington, on January 

8, 2010. 

Stephen P. Boyd, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–937 Filed 1–19–10; 8:45 am] 

BILLING CODE 4910–13–P 


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