AD Amdt-39-10113

[Federal Register Volume 62, Number 165 (Tuesday, August 26, 1997)]
[Rules and Regulations]
[Pages 45150-45152]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 97-22638]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-CE-75-AD; Amendment 39-10113; AD 97-18-03]
RIN 2120-AA64


Airworthiness Directives; Puritan-Bennett Aero Systems Co., Cone 
and Seal Assemblies, Part Numbers 210543 and 210543-01

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies to Puritan-Bennett Aero Systems Co. (Puritan-Bennett) cone and 
seal assemblies, part numbers 210543 and 210543-01, that were 
manufactured or repaired from August 1996 through July 1997. This AD 
applies to cone and seal assemblies regardless of whether or not they 
are attached to certain Puritan-Bennett sweep-on crew masks. The AD 
requires replacing any cone and seal assembly manufactured or repaired 
during the above time frame. This AD results from quality control tests 
that show that these cone and seal assemblies could have faulty 
ultrasonic welds. The actions specified by this AD are intended to 
prevent failure of the ultrasonic weld on the cone and seal assembly of 
the oxygen mask with consequent reduced oxygen flow through the mask, 
which could result in the crew not being able to obtain oxygen in an 
emergency situation.

DATES: Effective September 22, 1997.
    Comments for inclusion in the Rules Docket must be received on or 
before October 31, 1997.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Assistant Chief 
Counsel, Attention: Rules Docket 97-CE-75-AD, Room 1558, 601 E. 12th 
Street, Kansas City, Missouri 64106.
    Service information that applies to this AD may be obtained from 
Puritan-Bennett Aero Systems Co., 10800 Pflumm Road, Lenexa, Kansas 
66215; telephone (913) 338-9800; facsimile (913) 338-7353. This 
information may also be examined at the Federal Aviation Administration 
(FAA), Central Region, Office of the Assistant Chief Counsel, 
Attention: Rules Docket 97-CE-75-AD, Room 1558, 601 E. 12th Street, 
Kansas City, Missouri 64106.

FOR FURTHER INFORMATION CONTACT: Michael D. Imbler, Aerospace Engineer,

[[Page 45151]]

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:

Discussion

    Puritan-Bennett recently notified the FAA of a quality control 
problem on cone and seal assemblies, part numbers 210543 and 210543-01, 
that were manufactured or repaired from August 1996 through July 1997. 
Quality control sampling indicates that approximately 10-percent of the 
cone and seal assemblies manufactured or repaired during this time have 
ultrasonic welds that could fail. The FAA has no way of determining 
which particular cone and seal assemblies may have ultrasonic welds 
that could fail.
    These Puritan-Bennett cone and seal assemblies, part numbers 210543 
and 210543-01, may be attached to the following part number Puritan-
Bennett sweep-on crew oxygen masks:

114321-01, 114321-15, 114321-16, 114322-01, 114322-02, 114322-03, 
114322-05, 114323-01, 114622-01, 114622-02, 114623-01, 114623-02

    If the affected cone and seal assemblies that have ultrasonic welds 
that could fail are not identified and replaced, then the oxygen flow 
through the crew masks could be reduced, which could result in the crew 
not being able to obtain oxygen in an emergency situation.

Relevant Service Information

    Puritan-Bennett has issued Service Bulletin No. 3500-97-14, dated 
August 7, 1997. This service bulletin specifies identification and 
replacement of these part numbers 210543 and 210543-01 cone and seal 
assemblies that were manufactured or repaired from August 1996 through 
July 1997.

The FAA's Determination

    After examining the circumstances and reviewing all available 
information related to the incidents described above, including the 
relevant service information, the FAA has determined that AD action 
should be taken to prevent reduced oxygen flow through the crew mask, 
which could result in the crew not being able to obtain oxygen in an 
emergency situation.

Explanation of the Provisions of the AD

    Since an unsafe condition has been identified that is likely to 
exist or develop in aircraft that have these part numbers 210543 and 
210543-01 Puritan-Bennett cone and seal assemblies installed, the FAA 
is issuing an AD. This AD requires replacing any of these cone and seal 
assemblies that were manufactured or repaired from August 1996 through 
July 1997.

Compliance Time of This AD

    The condition specified by this AD is not caused by actual hours 
time-in-service (TIS) of the aircraft where the affected Puritan-
Bennett cone and seal assemblies are installed. The need for the 
replacement has no correlation to the number of times the equipment is 
utilized or the age of the equipment. For this reason, the compliance 
time of this AD is presented in calendar time instead of hours TIS.

Determination of the Effective Date of the AD

    Since a situation exists (reduced oxygen flow to the crew in an 
emergency situation) that requires the immediate adoption of this 
regulation, it is found that notice and opportunity for public prior 
comment hereon are impracticable, and that good cause exists for making 
this amendment effective in less than 30 days.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting immediate flight safety and, thus, was not 
preceded by notice and opportunity to comment, comments are invited on 
this rule. Interested persons are invited to comment on this 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 will be considered, 
and this rule may be amended in light of the comments received. Factual 
information that supports the commenter's ideas and suggestions is 
extremely helpful in evaluating the effectiveness of the AD action and 
determining whether additional rulemaking action would be needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the 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 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket No. 97-CE-75-AD.'' The postcard will be date stamped and 
returned to the commenter.

Regulatory Impact

    The regulations adopted herein will 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 final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and is not a significant regulatory action under 
Executive Order 12866. It has been determined further that this action 
involves an emergency regulation under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979). If it is determined that 
this emergency regulation otherwise would be significant under DOT 
Regulatory Policies and Procedures, a final regulatory evaluation will 
be prepared and placed in the Rules Docket (otherwise, an evaluation is 
not required). A copy of it, if filed, may be obtained from the Rules 
Docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration 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 USC 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:

97-18-03  Puritan-Bennett Aero Systems Co.: Amendment 39-10113; 
Docket No. 97-CE-75-AD.

    Applicability: Cone and Seal assemblies, part numbers 210543 and 
210543-01, that

[[Page 45152]]

were manufactured or repaired from August 1996 through July 1997; 
utilized in aircraft that are certificated in any category.

    Note 1: These Puritan-Bennett cone and seal assemblies, part 
numbers 210543 and 210543-01, may be attached to the following part 
number Puritan-Bennett sweep-on crew oxygen masks:

114321-01, 114321-15, 114321-16, 114322-01, 114322-02, 114322-03, 
114322-05, 114323-01, 114622-01, 114622-02, 114623-01, 114623-02

    Note 2: This AD applies to each aircraft equipped with a cone 
and seal assembly that is identified in the preceding applicability 
provision, regardless of whether the aircraft 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 within the next 7 days after the effective 
date of this AD, unless already accomplished.
    To prevent failure of the ultrasonic weld on the cone and seal 
assembly of the oxygen mask with consequent reduced oxygen flow 
through the mask, which could result in the crew not being able to 
obtain oxygen in an emergency situation, accomplish the following:
    (a) Replace any cone and seal assembly referenced in the 
Applicability section of this AD with an FAA-approved assembly not 
covered by this AD.
    (b) As of the effective date of this AD, no person may equip an 
aircraft with any Puritan-Bennett cone and seal assembly, part 
numbers 210543 and 210543-01, that were manufactured or repaired 
between August 1996 and July 1997.

    Note 3: Puritan-Bennett Service Bulletin No. 3500-97-14, dated 
August 7, 1997, specifies identification and replacement of the part 
numbers 210543 and 210543-01 cone and seal assemblies.

    (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 4: 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 Assistant 
Chief Counsel, Room 1558, 601 E. 12th Street, Kansas City, Missouri 
64106.
    (f) This amendment (39-10113) becomes effective on September 22, 
1997.

    Issued in Kansas City, Missouri, on August 19, 1997.
Terry L. Chasteen,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 97-22638 Filed 8-25-97; 8:45 am]
BILLING CODE 4910-13-P