Airworthiness Directives; EROS Series MF10-[ ]-[ ] Full Face Quick Donning Mask Regulators

DEPARTMENT OF TRANSPORTATION

14 CFR Part 39

[Docket No. 93-ANE-18; Amendment 39-8852; AD 94-06-04]

Airworthiness Directives; EROS Series MF10-[ ]-[ ] Full Face

Quick Donning Mask Regulators

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD),

applicable to EROS series MF10-[ ]-[ ] full face quick donning mask

regulators, that requires replacement of the face piece and the mask

shell securing screw. This amendment is prompted by reports of the

plastic pin breaking which secures the mask shell with the face piece.

The actions specified by this AD are intended to prevent the failure of

the pin securing the mask shell to the face piece, which could result

in a mask leaking oxygen and the crew losing consciousness.

DATES: Effective May 23, 1994.

The incorporation by reference of certain publications listed in

the regulations is approved by the Director of the Federal Register as

of May 23, 1994.

ADDRESSES: The service information referenced in this AD may be

obtained from EROS, P.O. Box 10, 78370 Plaisir, France. This

information may be examined at the Federal Aviation Administration

(FAA), New England Region, Office of the Assistant Chief Counsel, 12

New England Executive Park, Burlington, MA; or at the Office of the

Federal Register, 800 North Capitol Street, NW., suite 700, Washington,

DC.

FOR FURTHER INFORMATION CONTACT: Terry Fahr, Aerospace Engineer, Boston

Aircraft Certification Office, FAA, Engine and Propeller Directorate,

12 New England Executive Park, Burlington, MA 01803-5299; telephone

(617) 238-7155, fax (617) 238-7199.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal

Aviation Regulations to include an airworthiness directive (AD) that is

applicable to EROS series MF10-[ ]-[ ] full face quick donning mask

regulators was published in the Federal Register on August 4, 1993 (58

FR 41441). That action proposed to require replacement of the face

piece and the mask shell securing screw in accordance with EROS Service

Bulletin (SB) No. MF10-35-44, and SB No. MF10-35-46, both dated June

11, 1991.

Interested persons have been afforded an opportunity to participate

in the making of this amendment. Due consideration has been given to

the comments received.

One commenter states that the AD should include a means for the

flight crew to determine that the old masks are not defective. The FAA

does not concur. The flight crew should be able to readily see whether

or not the original mask is broken. The pin can be inspected in

accordance with EROS SB No. MF-10-35-43, dated June 11, 1991, to

determine if the mask is intact.

One commenter states that the compliance period should be 12 months

after the effective date of this AD, as the proposed 6-month compliance

period would cost operators an additional $110,000 for the purchase of

additional masks to use while in the process of inspecting those masks

already in service. The FAA does not concur. EROS SB No. MF10-35-44 was

issued on July 15, 1991, and service data indicates that a substantial

portion of the masks in service have already been inspected. The FAA

believes that the proposed 6-month compliance period properly balances

the needs of flight safety with operations concerns of operators.

Although the NPRM stated the date of this SB as June 11, 1991, the

correct date for this SB is July 15, 1991. In addition, the NPRM

referred to the original version of EROS SB No. MF10-35-46, dated June

11, 1991. The correct revision and date for this SB is Revision 1,

dated June 12, 1992. The final rule has been changed accordingly.

After careful review of the available data, including the comments

noted above, the FAA has determined that air safety and the public

interest require the adoption of the rule with the changes described

previously.

The FAA estimates that 2,500 regulators are affected by this AD,

that it will take approximately 0.5 work hours per regulator to

accomplish the required actions, and that the average labor rate is $55

per work hour. Required parts will cost $535 per faceplate. Based on

these figures, the total cost impact of the proposed AD on U.S.

operators is estimated to be $1,406,250. The manufacturer has advised

the FAA, however, that it may supply the required parts at no cost,

thereby reducing the total cost impact on U.S. operators.

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.

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) 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 final evaluation has been prepared for this action

and it is contained in the Rules Docket. A copy of it may be obtained

from the Rules Docket at the location provided under the caption

ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation safety, Incorporation by

reference, Safety.

Adoption of the Amendment

Accordingly, pursuant to the authority delegated to me by the

Administrator, the Federal Aviation Administration amends 14 CFR part

39 of the Federal Aviation Regulations as follows:

PART 39--AIRWORTHINESS DIRECTIVES

1. The authority citation for part 39 continues to read as follows:

Authority: 49 U.S.C. App. 1354(a), 1421 and 1423; 49 U.S.C.

106(g); and 14 CFR 11.89.

Sec. 39.13 [Amended]

2. Section 39.13 is amended by adding the following new

airworthiness directive:

94-06-04 EROS: Amendment 39-8852. Docket 93-ANE-18.

Applicability: EROS series MF10-[]-[] full face quick donning

mask regulators installed on but not limited to Airbus A320, Boeing

747-400, British Aerospace (BAe) 125-600 and Jetstream 41, Canadair

RJ, Dassault Mystere Falcon 20, McDonnell Douglas MD11, and Piper

PA31T and PA42 series aircraft.

Compliance: Required as indicated, unless accomplished

previously.

To prevent failure of the pin securing the mask shell to the

face piece, which could result in a mask leaking oxygen and the crew

losing consciousness, accomplish the following:

(a) For EROS Model MF10-05-01 full face quick donning mask

regulators, within six months after the effective date of this AD,

replace the face piece and mask shell securing screw in accordance

with EROS Service Bulletin (SB) No. MF10-35-44, dated July 15, 1991.

(b) For all other EROS series MF10-[]-[] full face quick donning

mask regulators, within six months after the effective date of this

AD, replace the face piece and mask shell securing screw in

accordance with EROS SB No. MF10-35-46, Revision 1, dated June 12,

1992.

(c) An alternative method of compliance or adjustment of the

compliance time that provides an acceptable level of safety may be

used if approved by the Manager, Boston Aircraft Certification

Office. The request should be forwarded through an appropriate FAA

Principal Maintenance Inspector, who may add comments and then send

it to the Manager, Boston Aircraft Certification Office. NOTE:

Information concerning the existence of approved alternative methods

of compliance with this airworthiness directive, if any, may be

obtained from the Boston Aircraft Certification Office.

(d) Special flight permits may be issued in accordance with FAR

21.197 and 21.199 to operate the aircraft to a location where the

requirements of this AD can be accomplished.

(e) The modification shall be done in accordance with the

following service bulletins:

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Document No. Pages Revision Date

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EROS SB No. MF10-35- 1-8 Original............ July 15, 1991.

44.

Total pages..... 8

EROS SB No. MF10-35- 1-7 1................... June 12, 1992.

46.

Total pages..... 7

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This incorporation by reference was approved by the Director of the

Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

Copies may be obtained from EROS, P.O. Box 10, 78370 Plaisir, France.

Copies may be inspected at the FAA, New England Region, Office of the

Assistant Chief Counsel, 12 New England Executive Park, Burlington, MA;

or at the Office of the Federal Register, 800 North Capitol Street NW.,

suite 700, Washington, DC.

(f) This amendment becomes effective on May 23, 1994.

Issued in Burlington, Massachusetts, on March 7, 1994.

Jay J. Pardee,

Manager, Engine and Propeller Directorate, Aircraft Certification

Service.

[FR Doc. 94-5940 Filed 3-21-94; 8:45 am]

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