Airworthiness Directives; AVOX Systems and B/E Aerospace Oxygen Cylinder Assemblies, as Installed on Various Transport Airplanes, 63063-63066 [E9-28807]

Download as PDF Federal Register / Vol. 74, No. 230 / Wednesday, December 2, 2009 / Rules and Regulations Administrative finding means an evidence-based determination reached by a hearing, inquiry, investigation, or trial before an administrative agency of competent jurisdiction in any State, territory or possession of the United States. * * * * * ■ 5. Amend § 1651.6 to add a paragraph (d) to read as follows: the effective date of the court order, the number and composition of shares that the amount in paragraph (f)(3)(i) of this section would have purchased as of the effective date; and (iii) Multiplying the price per share as of the payment date by the number and composition of shares calculated in paragraph (f)(3)(ii) of this section. * * * * * § 1651.6 § 1653.5 Child or children. * * * * * (d) Parentage disputes. If the identity of the father or mother of a child is in dispute or otherwise unclear (e.g., only one parent is listed on a birth certificate), the purported child must submit to the TSP either: (1) A court order or other administrative finding establishing parentage; or (2) Documentation sufficient for establishing parentage under the law of the state in which the participant was domiciled at the time of death. PART 1653—COURT ORDERS AND LEGAL PROCESSES AFFECTING THRIFT SAVINGS PLAN ACCOUNTS 6. The authority citation for part 1653 continues to read as follows: ■ Authority: 5 U.S.C. 8435, 8436(b), 8437(e), 8439(a)(3), 8467, 8474(b)(5) and 8474(c)(1). 7. Amend § 1653.1 to add the definitions of ‘‘Payment date’’ and ‘‘TSP investment earnings or earnings’’, in alphabetical order, in paragraph (b) to read as follows: ■ § 1653.1 Definitions. * * * * * (b) * * * * * * * * Payment date refers to the date on which earnings are determined and is generally two business days prior to the date of an award’s disbursement. * * * * * TSP investment earnings or earnings means both positive and negative fund performance attributable to differences in TSP fund share prices. ■ 8. Amend § 1653.4 to revise paragraph (f)(3) and remove paragraph (f)(4) to read as follows: § 1653.4 Calculating entitlements. erowe on DSK5CLS3C1PROD with RULES * * * * * (f) * * * (3) If earnings are awarded and the rate is not specified, the Agency will calculate the amount to be awarded by: (i) Determining the payee’s award amount (e.g., the percentage or fraction of the participant’s account); (ii) Determining, based on the participant’s investment allocation as of VerDate Nov<24>2008 12:48 Dec 01, 2009 Jkt 220001 PART 1690—THRIFT SAVINGS PLAN 10. The authority citation for part 1690 continues to read as follows: ■ Authority: 5 U.S.C. 8474. 11. Add § 1690.15 to read as follows: § 1690.15 Freezing an account— administrative holds. (a) The TSP may freeze (e.g., place an administrative hold on) a participant’s account for any of the following reasons: (1) Pursuant to a qualifying retirement benefits court order as set forth in part 1653 of this chapter; (2) Pursuant to a request from the Department of Justice under the Mandatory Victims Restitution Act; (3) Upon the death of a participant; (4) Upon suspicion or knowledge of fraudulent account activity or identity theft; (5) In response to litigation pertaining to an account; (6) For operational reasons (e.g. to correct a processing error or to stop payment on a check when account funds are insufficient); (7) Pursuant to a written request from a participant; and (8) For any other reason the TSP deems prudent. (b) An account freeze (i.e., administrative hold) prohibits a participant from withdrawing funds, including loans, from his or her account. The participant continues to have the capability to conduct all other transactions including making contributions, changing contribution allocations, and making interfund transfers. (c) The Agency will notify the participant that his or her account has been frozen unless it determines it prudent to not notify the participant that his of her account has been frozen. (d) A participant may block on-line and ThriftLine access to his or her account by writing to the TSP or by submitting a request at https:// www.tsp.gov. (e) A participant may remove a participant-initiated freeze PO 00000 Frm 00003 Fmt 4700 (administrative hold) by submitting a notarized request to the TSP. [FR Doc. E9–28752 Filed 12–1–09; 8:45 am] BILLING CODE 6760–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Amended] 9. Amend § 1653.5 by removing the last sentence of paragraph (d). ■ ■ 63063 Sfmt 4700 [Docket No. FAA–2009–0915; Directorate Identifier 2009–NM–224–AD; Amendment 39–16049; AD 2009–21–10] 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), DOT. ACTION: Final rule; request for comments. SUMMARY: We are adopting a new airworthiness directive (AD) for certain AVOX Systems and B/E Aerospace oxygen cylinder assemblies, as installed on various transport airplanes. This AD requires removing certain oxygen cylinder assemblies from the airplane. 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 December 17, 2009. We must receive comments on this AD by January 19, 2010. ADDRESSES: You may send comments by any of the following methods: • Federal eRulemaking Portal: Go to https://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., E:\FR\FM\02DER1.SGM 02DER1 63064 Federal Register / Vol. 74, No. 230 / Wednesday, December 2, 2009 / Rules and Regulations 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 https:// 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: Robert Hettman, 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) 917–6457; fax (425) 917–6590. SUPPLEMENTARY INFORMATION: 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 transport 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. erowe on DSK5CLS3C1PROD with RULES 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. We are issuing 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 these same type designs. This AD requires VerDate Nov<24>2008 12:48 Dec 01, 2009 Jkt 220001 removing the affected oxygen cylinder assemblies from transport airplanes. Related Rulemaking The FAA is currently evaluating the risk associated with these oxygen cylinder assemblies installed on aircraft certificated in other categories to determine whether any action is necessary to address the unsafe condition on these aircraft. 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 this AD, we find 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– 2009–0915; Directorate Identifier 2009– NM–224–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 https:// 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. PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 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 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 this AD: (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) 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. You can find our regulatory evaluation and the estimated costs of compliance in the AD Docket. 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 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: ■ 2009–21–10 AVOX Systems and B/E Aerospace: Amendment 39–16049. Docket No. FAA–2009–0915; Directorate Identifier 2009–NM–224–AD. Effective Date (a) This airworthiness directive (AD) is effective December 17, 2009. E:\FR\FM\02DER1.SGM 02DER1 Federal Register / Vol. 74, No. 230 / Wednesday, December 2, 2009 / Rules and Regulations Affected ADs 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 (b) None. 63065 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. (*For example, 6350A34–X–X or 8915XX–XX, where ‘‘X’’ denotes a part number digit). B43570–3, B43570–5, 176018–115, 176112–115, 176177–115, 176181–115, 176529–97. B/E Aerospace ..................................... 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. 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. G–IV airplanes. 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. SD3–30, SD3–SHERPA, and SD3–60 SHERPA airplanes. The Boeing Company .......................... Gulfstream Aerospace Company ......... McDonnell Douglas Corporation .......... Short Brothers ...................................... Subject 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. (d) Air Transport Association (ATA) of America Code 35: Oxygen. erowe on DSK5CLS3C1PROD with RULES 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 VerDate Nov<24>2008 12:48 Dec 01, 2009 Jkt 220001 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. PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 Inspection (g) Within 90 days after the effective date of this AD, 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. E:\FR\FM\02DER1.SGM 02DER1 63066 Federal Register / Vol. 74, No. 230 / Wednesday, December 2, 2009 / Rules and Regulations TABLE 3—AFFECTED OXYGEN CYLINDER ASSEMBLY SERIAL NUMBERS Cylinder manufacturer Affected serial Nos. AVOX Systems ..................................... B/E Aerospace ..................................... 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. K495120 through K495121 inclusive. K617383 through K617423 inclusive. K629573 through K629577 inclusive. K674451 through K674455 inclusive. K757064 through K757066 inclusive. Parts Installation (h) As of the effective date of this AD, 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: Robert Hettman, 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) 917–6457; fax (425) 917–6590. Or, e-mail information to 9ANM-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 erowe on DSK5CLS3C1PROD with RULES (j) None. Issued in Renton, Washington, on November 25, 2009. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E9–28807 Filed 12–1–09; 8:45 am] BILLING CODE 4910–13–P VerDate Nov<24>2008 12:48 Dec 01, 2009 Jkt 220001 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R05–OAR–2007–1130; FRL–9087–7] Approval and Promulgation of Air Quality Implementation Plans; Minnesota AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. SUMMARY: EPA is approving a sitespecific revision to the Minnesota sulfur dioxide (SO2) State Implementation Plan (SIP) for the Rochester Public Utilities Silver Lake Plant (RPU–SLP), located in Rochester, Minnesota. In its October 16, 2007, submittal, the Minnesota Pollution Control Agency (MPCA) requested that EPA approve certain conditions contained in RPU– SLP’s revised Federally enforceable joint Title I/Title V document into the Minnesota SO2 SIP. The request is approvable because it satisfies the requirements of the Clean Air Act (CAA). The rationale for the approval and other information are provided in this rulemaking action. DATES: This direct final rule will be effective February 1, 2010, unless EPA receives adverse comments by January 4, 2010. If adverse comments are received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R05– OAR–2007–1130, by one of the following methods: 1. https://www.regulations.gov: Follow the on-line instructions for submitting comments. 2. E-mail: mooney.john@epa.gov. 3. Fax: (312) 692–2551. PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 4. Mail: John M. Mooney, Chief, Criteria Pollutant Section, Air Programs Branch (AR 18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. 5. Hand Delivery: John M. Mooney, Chief, Criteria Pollutant Section, Air Programs Branch (AR 18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are only accepted during the Regional Office normal hours of operation, and special arrangements should be made for deliveries of boxed information. The Regional Office official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays. Instructions: Direct your comments to Docket ID No. EPA–R05–OAR–2007– 1130. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through https:// www.regulations.gov or e-mail. The https://www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through https:// www.regulations.gov your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your E:\FR\FM\02DER1.SGM 02DER1

Agencies

[Federal Register Volume 74, Number 230 (Wednesday, December 2, 2009)]
[Rules and Regulations]
[Pages 63063-63066]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-28807]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0915; Directorate Identifier 2009-NM-224-AD;
Amendment 39-16049; AD 2009-21-10]
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), DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
AVOX Systems and B/E Aerospace oxygen cylinder assemblies, as installed
on various transport airplanes. This AD requires removing certain
oxygen cylinder assemblies from the airplane. 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 December 17, 2009.
We must receive comments on this AD by January 19, 2010.

ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to https://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.,

[[Page 63064]]

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 https://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: Robert Hettman, 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) 917-6457; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

Discussion

During routine hydrostatic testing, a United States Department of
Transportation Type 3HT-1850 high-pressure 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 transport
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.

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.
We are issuing 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 these same type
designs. This AD requires removing the affected oxygen cylinder
assemblies from transport airplanes.

Related Rulemaking

The FAA is currently evaluating the risk associated with these
oxygen cylinder assemblies installed on aircraft certificated in other
categories to determine whether any action is necessary to address the
unsafe condition on these aircraft.

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 this AD, we find 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-2009-0915; Directorate Identifier 2009-NM-224-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 https://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

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 this AD:
(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) 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.
You can find our regulatory evaluation and the estimated costs of
compliance 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:

2009-21-10 AVOX Systems and B/E Aerospace: Amendment 39-16049.
Docket No. FAA-2009-0915; Directorate Identifier 2009-NM-224-AD.

Effective Date

(a) This airworthiness directive (AD) is effective December 17,
2009.

[[Page 63065]]

Affected ADs

(b) None.

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.
(*For example, 6350A34-
X-X or 8915XX-XX,
where ``X'' denotes a
part number digit).
B/E Aerospace................................... B43570-3, B43570-5,
176018-115, 176112-
115, 176177-115,
176181-115, 176529-
97.
------------------------------------------------------------------------

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.
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 Company.................... 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.................................. 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.

Inspection

(g) Within 90 days after the effective date of this AD, 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.

[[Page 63066]]

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.
K617383 through
K617423 inclusive.
K629573 through
K629577 inclusive.
K674451 through
K674455 inclusive.
K757064 through
K757066 inclusive.
------------------------------------------------------------------------

Parts Installation

(h) As of the effective date of this AD, 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:
Robert Hettman, 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) 917-6457; 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 November 25, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-28807 Filed 12-1-09; 8:45 am]
BILLING CODE 4910-13-P

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