AD 94-06-04 ACTIVE

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.

Final rule.

94-06-04 EROS: Amendment 39-8852. Docket 93-ANE-18. \n\n\tApplicability: 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. \n\n\tCompliance: Required as indicated, unless accomplished previously. \n\n\tTo 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: \n\n\t(a)\tFor 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. \n\n\t(b)\tFor all other EROS series MF10-( )-( ) full face quick donning mask regulators, within six months after theeffective 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. \n\n\t(c)\tAn 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. \n\n\t(d)\tSpecial 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. \n\n\t(e)\tThe modification shall be done in accordance with the following service bulletins: \n\n\nDocument No.\nPages\nRevision\nDate \n\n\n\n\nEROS SB No. MF10-35-44\n\n1-8\n\nOriginal\n\nJuly 15, 1991 \n\n\n\n\nTotal Pages: 8. \n\n\n\n\n\n\n\nEROS SB No. MF10-35-46\n\n1-7\n\n1\n\nJune 12, 1992 \n\n\n\n\nTotal Pages: 7. \n\n\n\n\nThis 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. \n\n\t(f)\tThis amendment becomes effective on May 23, 1994.

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. \n\n\tInterested persons have been afforded an opportunity to participate in the making of this amendment. Due consideration has been given to the comments received. \n\n\tOne 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. \n\n\tOne 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. \n\n\tAfter 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. \n\n\tThe FAA estimates that 2,500 regulators are affected by this AD, that it will take approximately 0.5 work hours per regulators 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 require parts at no cost, thereby reducing the total cost impact on U.S. operators. \n\n\tThe 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 amongthe 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. \n\n\tFor 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." \n\nList of Subjects in 14 CFR Part 39 \n\tAir Transportation, Aircraft, Aviation Safety, Incorporation by reference, Safety. \n\nAdoption of theAmendment \n\tAccordingly, 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: \n\nPART 39 - AIRWORTHINESS DIRECTIVES \n\t1.\tThe authority citation for part 39 continues to read as follows: \n\tAuthority: 49 U.S.C. App. 1354(a), 1421 and 1423; 49 U.S.C. 106(g); and 14 CFR 11.89. \n\n§39.13 - (AMENDED) \n\t2.\tSection 39.13 is amended by adding the following new airworthiness directive:

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.

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.