[Federal Register Volume 63, Number 183 (Tuesday, September 22, 1998)]
[Proposed Rules]
[Pages 50540-50542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25216]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 98-CE-29-AD]
RIN 2120-AA64
Airworthiness Directives; Puritan-Bennett Aero Systems Company
C351-2000 Series Passenger Oxygen Masks and Portable Oxygen Masks
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes to adopt a new airworthiness directive
(AD) that would apply to any aircraft equipped with Puritan-Bennett
Aero Systems Company (Puritan-Bennett) C351-2000 series passenger
oxygen masks and portable oxygen masks. The proposed AD would require
inspecting the passenger and portable oxygen masks for tears around the
face cushion adjacent to the inner mask housing, and replacing or
repairing any torn passenger or portable oxygen mask. Reports received
from three airplane manufacturers of defective oxygen masks prompted
the proposed action. The actions specified by the proposed AD are
intended to prevent reduced oxygen consumption when passengers are
required to use defective oxygen masks, which could result in passenger
injury.
DATES: Comments must be received on or before November 26, 1998.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Central Region, Office of the Regional Counsel,
Attention: Rules Docket No. 98-CE-29-AD, Room 1558, 601 E. 12th Street,
Kansas City, Missouri 64106. Comments may be inspected at this location
between 8 a.m. and 4 p.m., Monday through Friday, holidays excepted.
Service information that applies to the proposed AD may be obtained
from
[[Page 50541]]
Puritan-Bennett Aero Systems Co., 10800 Pflumm Road, Lenexa, Kansas
66215; telephone: (913) 338-9800; facsimile: (913) 338-7353. This
information also may be examined at the Rules Docket at the address
above.
FOR FURTHER INFORMATION CONTACT: Michael Imbler, Aerospace Engineer,
FAA, Wichita Aircraft Certification Office, 1801 Airport Road, Room
100, Mid-Continent Airport, Wichita, Kansas 67209; telephone: (316)
946-4147; facsimile: (316) 946-4407.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to participate in the making of the
proposed rule by submitting such written data, views, or arguments as
they may desire. Communications should identify the Rules Docket number
and be submitted in triplicate to the address specified above. All
communications received on or before the closing date for comments,
specified above, will be considered before taking action on the
proposed rule. The proposals contained in this notice may be changed in
light of the comments received.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the proposed rule. All
comments submitted will be available, both before and after the closing
date for comments, in the Rules Docket for examination by interested
persons. A report that summarizes each FAA-public contact concerned
with the substance of this proposal will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this notice must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket No. 98-CE-29-AD.'' The postcard will be date stamped and
returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the FAA, Central Region, Office of the Regional Counsel, Attention:
Rules Docket No. 98-CE-29-AD, Room 1558, 601 E. 12th Street, Kansas
City, Missouri 64106.
Discussion
Three airplane manufacturers found and reported to the FAA that,
during routine inspections, tears were found in the face cushion of
Puritan-Bennett C351-2000 series passenger and portable masks. These
tears were \1/4\-inch to 1-inch long. Pulling on the face cushion after
deployment could result in the face cushion tearing away from the mask
housing. The tear in the face cushion could also lead to oxygen
leakage, and insufficient oxygen delivery to the passengers. The masks
in question have elastomer cure dates between September 1993 and March
1997.
Relevant Service Information
Puritan-Bennett has issued Nellcor Puritan Bennett Service Bulletin
No. C351-2000-35-1, Revision 2, date of original issue: July, 1996,
date of first revision: February, 1997, date of current revision:
February, 1998. This service bulletin specifies procedures for
inspecting any Puritan-Bennett C351-2000 series passenger oxygen mask
for tears in the face cushion. If any tear is found, the service
bulletin specifies procedures for replacing or repairing the oxygen
mask.
The FAA's Determination
After examining the circumstances and reviewing all available
information related to the information described above, including the
relevant service information, the FAA has determined that AD action
should be taken to prevent reduced oxygen consumption when passengers
are required to use defective oxygen masks, which could result in
passenger injury.
Explanation of the Provisions of the Proposed AD
Since an unsafe condition has been identified that is likely to
exist or develop in aircraft that are equipped with Puritan-Bennett
C351-2000 series passenger oxygen masks and portable oxygen masks
having elastomer cure dates between September 1993 and March 1997, the
FAA is proposing AD action. The proposed AD would require inspecting
the oxygen mask face cushion adjacent to the inner mask housing for any
tear. If a tear is found, the proposed AD would require replacing or
repairing the passenger or portable oxygen mask with one that has an
elastomer cure date later than March 1997.
Compliance Time
The compliance time of this AD is presented in calendar time
instead of hours time-in-service (TIS). The FAA has determined that a
calendar time compliance is the most desirable method because the use
of these oxygen masks is not related to hours time-in-service. The
unsafe condition exists regardless of whether the aircraft is in
operation. Therefore, to ensure that the above-referenced condition is
corrected within a reasonable period of time, a compliance schedule
based upon calendar time instead of hours TIS is proposed.
Cost Impact
The FAA estimates that 10,500 oxygen masks would be affected by the
proposed AD, that it would take approximately 1 workhour per aircraft
to accomplish the proposed inspection, and that the average labor rate
is approximately $60 an hour. Puritan-Bennett will repair or replace
oxygen mask assemblies found defective at no cost to the owner/operator
of any affected aircraft. Based on these figures, the total cost impact
of the proposed inspection is estimated to be $630,000.
Regulatory Impact
The regulations proposed herein would not have substantial direct
effects 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. Therefore, in
accordance with Executive Order 12612, it is determined that this
proposal would not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this action (1) is
not a ``significant regulatory action'' under Executive Order 12866;
(2) is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and (3) if promulgated,
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. A copy of the draft regulatory evaluation
prepared for this action has been placed in the Rules Docket. A copy of
it may be obtained by contacting the Rules Docket at the location
provided under the caption ``ADDRESSES''.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend
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:
[[Page 50542]]
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding a new airworthiness directive
(AD) to read as follows:
Puritan-Bennett Aero Systems Company
Docket No. 98-CE-29-AD
Applicability: Puritan-Bennett C351-2000 series passenger oxygen
masks and portable oxygen masks, part numbers as listed below, that
(1) have elastomer cure dates between September 1993 and March 1997;
and (2) are installed in aircraft that are certificated in any
category:
Passenger Masks
C351-2000-00
C351-2000-02
C351-2000-21
C351-2000-38
C351-2000-52
C351-2000-59
C351-2000-63
114006-01
174006-16
174006-30
174006-31
174290-21
174290-22
174290-24
174290-26
174291-21
174291-23
174291-24
174501-00
174504-01 (C351-2000-205)
174505-01 (C351-2000-201)
174506-00 (C351-2000-223)
174509-00 (C351-2000-302)
174510-01 (C351-2000-224)
174510-08 (C351-2000-231)
174510-09 (C351-2000-232)
174510-10 (C351-2000-233)
174510-11 (C351-2000-234)
Drop-Out Box Assemblies
115055-04
115055-10
175011-01
175015-00
175016-00
175105-00
175109-00
175112-10
175112-11
175112-21
175112-90
175205-00
175210-00
175215-01
175222-11
175222-13
175222-20
175222-21
175222-90
175224-00
175242-00
175242-01
175242-02
175303-00
175308-00
Emergency Oxygen Portable Assemblies
176960-13
176960-14
176980-00
176965-SMB2
176965-SCOB2
176965-SMO2
176965-SCMB2
Note 1: This AD applies to each aircraft equipped with an oxygen
mask identified in the preceding applicability provision, regardless
of whether it has been modified, altered, or repaired in the area
subject to the requirements of this AD. For aircraft that have been
modified, altered, or repaired so that the performance of the
requirements of this AD is affected, the owner/operator must request
approval for an alternative method of compliance in accordance with
paragraph (d) of this AD. The request should include an assessment
of the effect of the modification, alteration, or repair on the
unsafe condition addressed by this AD; and, if the unsafe condition
has not been eliminated, the request should include specific
proposed actions to address it.
Compliance: Required as indicated in the body of this AD, unless
already accomplished.
To prevent reduced oxygen consumption when passengers are
required to use defective oxygen masks, which could result in
passenger injury, accomplish the following:
(a) Within the next 90 calendar days after the effective date of
this AD, inspect the passenger or portable oxygen masks for any tear
in the face cushion in accordance with the Accomplishment
Instructions section in Nellcor Puritan Bennett Service Bulletin No.
C351-2000-35-1, Revision 2, date of original issue: July, 1996, date
of first revision: February, 1997, date of current revision:
February, 1998. The face cushion is adjacent to the inner mask
housing. If a tear is found, prior to further flight, replace or
repair the mask in accordance with the service bulletin.
(b) As of the effective date of this AD, no person may install,
in any aircraft, Puritan-Bennett C351-2000 series passenger oxygen
masks and portable oxygen masks that are specified in the
Applicability section of this AD unless they have been inspected and
found airworthy in accordance with paragraph (a) of this AD.
(c) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the aircraft to a location where
the requirements of this AD can be accomplished.
(d) An alternative method of compliance or adjustment of the
compliance time that provides an equivalent level of safety may be
approved by the Manager, Wichita Aircraft Certification Office
(ACO), 1801 Airport Road, Room 100, Mid-Continent Airport, Wichita,
Kansas 67209. The request shall be forwarded through an appropriate
FAA Maintenance Inspector, who may add comments and then send it to
the Manager, Wichita ACO.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Wichita ACO.
(e) All persons affected by this directive may obtain copies of
the document referred to herein upon request to Puritan-Bennett Aero
Systems Co., 10800 Pflumm Road, Lenexa, Kansas 66215; or may examine
this document at the FAA, Central Region, Office of the Regional
Counsel, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106.
Issued in Kansas City, Missouri, on September 15, 1998.
Marvin R. Nuss,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 98-25216 Filed 9-21-98; 8:45 am]
BILLING CODE 4910-13-U
