

[Federal Register: January 11, 2008 (Volume 73, Number 8)]
[Rules and Regulations]               
[Page 1968-1970]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11ja08-4]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-0374; Directorate Identifier 2007-SW-02-AD; 
Amendment 39-15313; AD 2007-26-11]
RIN 2120-AA64

 
Airworthiness Directives; Intertechnique Zodiac Aircraft Systems, 
Oxygen Reserve Cylinders

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
oxygen reserve cylinders. This AD results from mandatory continuing 
airworthiness information (MCAI) originated by an aviation authority of 
another country with which we have a bilateral agreement to identify 
and correct an unsafe condition on an aviation product. The MCAI 
describes the unsafe condition as:

    This Airworthiness Directive (AD) is issued following 
information concerning the risk of high-pressure oxygen cylinder 
tearing with sudden emptying. These cylinders are used for missions 
at high altitudes or to ensure respiratory air for passengers 
feeling sick.
    It has been demonstrated that the material characteristics of 
the Aluminum Alloy 5283 (AA5283) from which the cylinders are 
manufactured deteriorate in the course of time and may possibly lead 
these oxygen cylinders to tear and abruptly vent aboard an aircraft.

This unsafe condition requires immediate action due to the risk of 
oxygen cylinders exploding on board an aircraft and creating a fire 
hazard. This AD requires actions that are intended to address this 
unsafe condition.

[[Page 1969]]


DATES: This AD becomes effective January 28, 2008.
    We must receive comments on this AD by March 11, 2008.

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://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 economic evaluation, any comments 
received, and other information. The street address for the Docket 
Office (telephone (800) 647-5227) is in the ADDRESSES section. Comments 
will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Uday Garadi, Aviation Safety Engineer, 
FAA, Rotorcraft Directorate, Regulations and Guidance Group, Fort 
Worth, Texas 76193-0110, telephone (817) 222-5123, fax (817) 222-5961.

SUPPLEMENTARY INFORMATION:

Streamlined Issuance of AD

    The FAA is implementing a new process for streamlining the issuance 
of ADs related to MCAI. This streamlined process will allow us to adopt 
MCAI safety requirements in a more efficient manner and will reduce 
safety risks to the public. This process continues to follow all FAA AD 
issuance processes to meet legal, economic, Administrative Procedure 
Act, and Federal Register requirements. We also continue to meet our 
technical decision-making responsibilities to identify and correct 
unsafe conditions on U.S.-certificated products.
    This AD references the MCAI and related service information that we 
considered in forming the engineering basis to correct the unsafe 
condition. The AD contains text copied from the MCAI and for this 
reason might not follow our plain language principles.

Discussion

    The European Aviation Safety Agency (EASA), which is the technical 
agent for the member states of the European community, has issued EASA 
AD No. 2006-0286R1, dated March 22, 2007, to correct an unsafe 
condition for the specified products.
    The MCAI states:

    This Airworthiness Directive (AD) is issued following 
information concerning the risk of high-pressure oxygen cylinder 
tearing with sudden emptying. These cylinders are used for missions 
at high altitudes or to ensure respiratory air for passengers 
feeling sick.
    It has been demonstrated that the material characteristics of 
the Aluminum Alloy 5283 (AA5283) from which the cylinders are 
manufactured deteriorate in the course of time and may possibly lead 
these oxygen cylinders to tear and abruptly vent aboard an aircraft.

    You may obtain further information by examining the MCAI and the 
service information in the AD docket.

Relevant Service Information

    Intertechnique has issued Service Bulletin No. GLD/GLF-35-150, 
dated September 20, 2006 and Eurocopter has issued Alert Service 
Bulletin Nos. 05.00.54 for the Model AS350B3 helicopters and 05.42 for 
the Model SA 315B helicopters, both dated August 16, 2006. The actions 
described in the MCAI are intended to correct the same unsafe condition 
identified in the service information.

FAA's Determination and Requirements of This AD

    The Model Airbus 300 series; Pilatus P-6; Dassault Aviation 
Mystere-Falcon 20; Falcon 50, Falcon 200, and Falcon 900 airplanes; 
Eurocopter AS350 and Eurocopter SA315 helicopters; and other aircraft 
may be equipped with these oxygen reserve cylinders, which are not 
approved by the Department of Transportation (DOT). Without the DOT 
approval, these oxygen reserve cylinders are not eligible for use in 
aircraft operating in the United States. Pursuant to our bilateral 
agreement with France, the State of Design, we have been notified of 
the unsafe condition described in the MCAI and service information. We 
are issuing this AD because we evaluated all pertinent information and 
determined the unsafe condition exists and is likely to exist or 
develop on aircraft of various type designs.

Differences Between the AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. However, we have made the 
following changes:
     The MCAI requires removal of the affected oxygen cylinders 
at specific time intervals; however, this AD requires removal before 
further flight.
     The MCAI requires certain procedures to be used for 
emptying the cylinders as well as certain action for cylinders held as 
spares.
    These actions are beyond the scope of the action needed to correct 
this unsafe condition and are not included in this AD. These 
differences are highlighted in the ``Differences Between the FAA AD and 
the MCAI'' section of this AD.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because of 
the risk of oxygen cylinders exploding on board an aircraft and 
creating a fire hazard. Therefore, we determined that notice and 
opportunity for public comment before issuing this AD are impracticable 
and that good cause exists for making this amendment effective in fewer 
than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2007-0374; Directorate 
Identifier 2007-SW-02-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://regulations.gov
 including any personal information you provide. We will 

also post a report summarizing each substantive verbal contact we 
receive about this AD.

Costs of Compliance

    We estimate that this AD will affect about 468 aircraft of U.S. 
registry. We also estimate that it will take about \1/2\ of a work-hour 
per aircraft to remove the cylinders. The average labor rate is $80 per 
work-hour. Based on these figures, we estimate the cost of this AD on 
U.S.

[[Page 1970]]

operators to be $4000, assuming that oxygen cylinders are installed on 
100 aircraft.

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 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); 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 an economic evaluation of the estimated costs to comply 
with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2007-26-11 Intertechnique Zodiac Aircraft Systems: Amendment 39-
15313. Docket No. FAA-2007-0374; Directorate Identifier 2007-SW-02-
AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective January 
28, 2008.

Other Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Intertechnique (F5341), aluminum alloy 
AA5283, oxygen cylinders manufactured by Societe Metallurgique de 
Gerzat SAS with GLD series, GLF series, PC2300 or SLF300 part 
numbers, installed in any aircraft certificated in any category. 
These oxygen reserve cylinders are installed on but not limited to 
Model Airbus 300 series; Pilatus P-6; Dassault Aviation Mystere-
Falcon 20, Falcon 50, Falcon 200, and Falcon 900 airplanes; and 
Eurocopter AS350 and Eurocopter SA315 helicopters.

Reason

    (d) The mandatory continued airworthiness information (MCAI) 
states:
    This Airworthiness Directive (AD) is issued following 
information concerning the risk of high-pressure oxygen cylinder 
tearing with sudden emptying. These cylinders are used for missions 
at high altitudes or to ensure respiratory air for passengers 
feeling sick.
    It has been demonstrated that the material characteristics of 
the Aluminum Alloy 5283 (AA5283) from which the cylinders are 
manufactured deteriorate in the course of time and may possibly lead 
these oxygen cylinders to tear and abruptly vent aboard an aircraft.

Actions and Compliance

    (e) Unless already done, remove any affected oxygen reserve 
cylinder before further flight.

Differences Between the FAA AD and the MCAI

    (f) This AD differs from the MCAI as follows:
    (1) The MCAI requires removal of the affected oxygen cylinders 
at specific time intervals; however, this AD requires removal before 
further flight.
    (2) The MCAI requires certain procedures to be used for emptying 
the cylinders as well as certain action for cylinders held as 
spares. These actions are beyond the scope of the action needed to 
correct this unsafe condition and are not included in this AD.

Subject

    (g) Air Transport Association of America (ATA) Code 3530: 
Portable Oxygen System.

Other Information

    (h) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Safety Management Group, 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: Uday Garadi, Aviation Safety Engineer, 
Regulations and Guidance Group, Fort Worth, Texas 76193-0110, 
telephone (817) 222-5123, fax (817) 222-5961.
    (2) Airworthy Product: Use only FAA-approved corrective actions. 
Corrective actions are considered FAA-approved if they are approved 
by the State of Design Authority (or their delegated agent) if the 
State of Design has an appropriate bilateral agreement with the 
United States. You are required to assure the product is airworthy 
before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (i) Mandatory Continuing Airworthiness Information (MCAI) EASA 
Airworthiness Directive No. 2006-0286R1, dated March 22, 2007; 
Intertechnique Service Bulletin No. GLD/GLF-35-150, dated September 
20, 2006; and Eurocopter Alert Service Bulletin Nos. 05.00.54 for 
the Model AS350B3 and 05.42 for the Model SA315B, both dated August 
16, 2006, contain related information.

    Issued in Fort Worth, Texas, on December 3, 2007.
David A. Downey,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. E7-25391 Filed 1-10-08; 8:45 am]

BILLING CODE 4910-13-P
