[Federal Register Volume 81, Number 112 (Friday, June 10, 2016)]
[Rules and Regulations]
[Pages 37492-37494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13250]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-2134; Directorate Identifier 2015-CE-012-AD; 
Amendment 39-18547; AD 2016-11-20]
RIN 2120-AA64


Airworthiness Directives; B/E Aerospace Protective Breathing 
Equipment Part Number 119003-11

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
B/E Aerospace protective breathing equipment (PBE) that is installed on 
airplanes. This AD was prompted by a report of a PBE catching fire upon 
activation by a crewmember. This AD requires replacing the PBE. We are 
issuing this AD to correct the unsafe condition on these products.

DATES: This AD is effective July 15, 2016.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of July 15, 
2016.

ADDRESSES: For service information identified in this final rule, 
contact B/E Aerospace, Inc., Commercial Aircraft Products Group, 10800 
Pflumm Road, Lenexa, Kansas 66215; phone: (913) 338-9800; fax: (913) 
338-8419; Internet: www.beaerospace.com. You may view this referenced 
service information at the FAA, Small Airplane Directorate, 901 Locust, 
Kansas City, Missouri 64106. For information on the availability of 
this material at the FAA, call (816) 329-4148. It is also available on 
the Internet at http://www.regulations.gov by searching for and 
locating Docket No. FAA-2015-2134.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
2134; 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 address for the Docket Office (phone: 800-647-
5527) is Document Management Facility, U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: David Enns, Aerospace Engineer, 
Wichita Aircraft Certification Office, FAA, 1801 S. Airport Road, Room 
100, Wichita, Kansas 67209; phone: (316) 946-4147; fax: (316) 946-4107; 
email: [email protected].

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a supplemental notice of proposed rulemaking (SNPRM) to 
amend 14 CFR part 39 by adding an AD that would apply to certain B/E 
Aerospace protective breathing equipment (PBE) that is installed on 
airplanes. The SNPRM published in the Federal Register on January 15, 
2016 (81 FR 2131). We preceded the SNPRM with a notice of proposed 
rulemaking (NPRM) that published in the Federal Register on June 16, 
2015 (80 FR 34330). The NPRM proposed to require inspecting the PBE to 
determine if the pouch has the proper vacuum seal and replacing if 
necessary. The NPRM was prompted by a report of a PBE catching fire 
upon activation by a crewmember. The SNPRM proposed to require 
replacement of the PBE following newly issued service information, 
regardless of inspection results. We are issuing this AD to correct the 
unsafe condition on these products.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We have considered the comments received. We received one 
anonymous comment in support of the SNPRM (81 FR 2131, January 15, 
2016).

Request To Change Compliance Time

    Penney Baudin of United Airlines requested a change to the PBE 
replacement compliance time.
    The commenter requested a 12-month repetitive inspection with a 36-
month terminating replacement action. The commenter stated that the 
change would alleviate restrictive shipping means and complex 
distribution of the PBEs since the units contain oxygen generators.
    We do not agree with the commenter. We believe that the replacement 
compliance time of 18 months after the effective date of this AD is 
sufficient time since we are allowing even more time than specified in 
the related service information. Also, the public has been aware of 
this safety issue since we first published the first NPRM on June 16, 
2015 (80 FR 34330). We have not changed the final rule AD action based 
on this comment.

Request To Correct Service Information

    John Barker of B/E Aerospace stated that Service Bulletin 119003-
35-009, dated November 9, 2015, is incorrectly referenced as Rev. 009 
instead of Rev. 000 in the preamble of the SNPRM (81 FR 2131, January 
15, 2016). The commenter requested the reference to the revision number 
be corrected.
    We agree with the commenter. However, on April 12, 2016, Rev. 001 
of B/E Aerospace Service Bulletin 119003-35-009 was released. We are 
incorporating the Revision 001, dated April 12, 2016, into the final 
rule AD action because the procedures for doing the inspection and 
replacement of the PBE have not changed.
    We have changed the final rule AD action to include the newly 
revised service bulletin and to give credit to owners/operators who may 
have already done the required replacement following B/E Aerospace 
Service Bulletin No. 119003-35-009, Rev. 000, dated November 9, 2015, 
which was correctly referenced in paragraph (h) of the regulatory text 
in the SNPRM (81 FR 2131, January 15, 2016).

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this AD as proposed except for minor editorial changes. We have 
determined that these minor changes:
     Are consistent with the intent that was proposed in the 
SNPRM (81 FR 2131, January 15, 2016) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the SNPRM (81 FR 2131, January 15, 2016).

Related Service Information Under 1 CFR Part 51

    We reviewed B/E Aerospace Service Bulletin No. 119003-35-011, Rev. 
000, dated February 4, 2015, and B/E Aerospace Service Bulletin 119003-
35-009, Rev. 001, dated April 12, 2016. B/E Aerospace Service Bulletin 
No. 119003-35-011, Rev. 000, dated

[[Page 37493]]

February 4, 2015, describes procedures for inspecting PBE, part number 
(P/N) 119003-11, to determine if the vacuum seal of the pouch 
containing the PBE is compromised. B/E Aerospace Service Bulletin 
119003-35-009, Rev. 001, dated April 12, 2016, describes procedures for 
replacing PBE P/N 119003-11 with P/N 119003-21. This service 
information is reasonably available because the interested parties have 
access to it through their normal course of business or by the means 
identified in the ADDRESSES section.

Differences Between This AD and the Service Information

    B/E Aerospace Service Bulletin No. 119003-35-011, Rev. 000, dated 
February 4, 2015, applies to all PBE with P/N 119003-11 and P/N 119003-
21. We have determined that this AD will apply only to a PBE P/N 
119003-11 with regard to the inspection requirement of paragraph (g) of 
this AD. B/E Aerospace Service Bulletin 119003-35-009, Rev. 001, dated 
April 12, 2016, includes instructions for disposal. In this AD, we are 
requiring only the replacement action.

Costs of Compliance

    We estimate that this AD affects 9,000 products installed on 
airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
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                                                                                     Cost per      Cost on U.S.
              Action                    Labor cost              Parts cost            product        operators
----------------------------------------------------------------------------------------------------------------
Inspecting the pouch containing    .5 work-hour x $85    Not applicable.........          $42.50        $382,500
 the PBE for proper vacuum seal.    per hour = $42.50.
Replace the PBE P/N 119003-11      .5 work-hour x $85    1,510..................        1,552.50      13,972,500
 with a PBE P/N 119003-21.          per hour = $42.50.
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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),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, 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

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 airworthiness 
directive (AD):

2016-11-20 B/E Aerospace: Amendment 39-18547; FAA-2015-2134; 
Directorate Identifier 2015-CE-012-AD.

(a) Effective Date

    This AD is effective July 15, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to B/E Aerospace Protective Breathing Equipment 
(PBE), part number (P/N) 119003-11, that is installed on airplanes.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 35; Oxygen.

(e) Unsafe Condition

    This AD was prompted by a report of a PBE, P/N 119003-11, 
catching fire upon activation by a crewmember. We are issuing this 
AD to correct the unsafe condition on these products.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Inspection

    Within 3 months after July 15, 2016 (the effective date of this 
AD), while still in the stowage box, physically inspect the PBE 
pouch to determine if it has an intact vacuum seal. Do this 
inspection following paragraph III.A.1. of the Accomplishment 
Instructions in B/E Aerospace Service Bulletin No. 119003-35-011, 
Rev. 000, dated February 4, 2015.

(h) Replacement

    (1) If a PBE pouch is found that does not have an intact vacuum 
seal during the inspection required in paragraph (g) of this AD: 
Before further flight or following existing minimum equipment list 
(MEL) procedures, replace the PBE with a PBE, P/N 119003-21, 
following paragraphs III.C., III.D.(4), III.D.(6), and III.D.(7) of 
the Accomplishment Instructions in B/E Aerospace Service Bulletin 
No. 119003-35-009, Rev. 001, dated April 12, 2016, or replace it 
with another FAA-approved serviceable PBE.
    (2) If a PBE pouch is found during the inspection required in 
paragraph (g) of this AD where the vacuum seal is intact: Within 18 
months after July 15, 2016 (the effective date of this AD), remove 
PBE, P/N 119003-11, and replace the PBE with PBE, P/N 119003-21, 
following paragraphs III.C., III.D.(4), III.D.(6), and III.D.(7) of 
the Accomplishment Instructions in B/E

[[Page 37494]]

Aerospace Service Bulletin No. 119003-35-009, Rev. 001, dated April 
12, 2016, or replace it with another FAA-approved serviceable PBE.

(i) Credit for Actions Done Following Previous Service Information

    If you performed the replacement action required in paragraphs 
(h)(1) and (2) of this AD before July 15, 2016 (the effective date 
of this AD) using B/E Aerospace Service Bulletin No. 119003-35-009, 
Rev. 000, dated November 9, 2015, you met the requirements of those 
paragraphs of this AD.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Wichita Aircraft Certification Office (ACO), 
FAA, has the authority to approve AMOCs for this AD, if requested 
using the procedures found in 14 CFR 39.19. In accordance with 14 
CFR 39.19, send your request to your principal inspector or local 
Flight Standards District Office, as appropriate. If sending 
information directly to the manager of the ACO, send it to the 
attention of the person identified in paragraph (k) of this AD.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.

(k) Related Information

    For more information about this AD, contact David Enns, 
Aerospace Engineer, Wichita ACO, FAA, 1801 S. Airport Road, Room 
100, Wichita, Kansas 67209; phone: (316) 946-4147; fax: (316) 946-
4107; email: [email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) B/E Aerospace Service Bulletin No. 119003-35-009, Rev. 001, 
dated April 12, 2016.
    (ii) B/E Aerospace Service Bulletin No. 119003-35-011, Rev. 000, 
dated February 4, 2015.
    (3) For B/E Aerospace, Inc. service information identified in 
this AD, contact B/E Aerospace, Inc., 10800 Pflumm Road, Commercial 
Aircraft Products Group, Lenexa, Kansas 66215; phone: (913) 338-
9800; fax: (913) 338-8419; Internet: www.beaerospace.com.
    (4) You may view this service information at FAA, Small Airplane 
Directorate, 901 Locust, Kansas City, Missouri 64106. For 
information on the availability of this material at the FAA, call 
(816) 329-4148. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-
2015-2134.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri, on May 25, 2016.
Pat Mullen,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-13250 Filed 6-9-16; 8:45 am]
 BILLING CODE 4910-13-P