[Federal Register Volume 82, Number 101 (Friday, May 26, 2017)]
[Proposed Rules]
[Pages 24260-24262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10409]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0439; Directorate Identifier 2017-CE-010-AD]
RIN 2120-AA64


Airworthiness Directives; B/E Aerospace Protective Breathing 
Equipment Part Number 119003-11 and Part Number 119003-21

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede Airworthiness Directive (AD) 2016-11-
20, which applies to certain B/E Aerospace protective breathing 
equipment (PBE) that is installed on airplanes. AD 2016-11-20 requires 
replacing part number (P/N) 119003-11 PBE units. Since we issued AD 
2016-11-20, we received a report that PBE units, P/N 119003-21, within 
a certain serial number range are made with candle tube material 
determined to have a low yield strength and may be volatile upon use or 
disposal. This proposed AD would retain the actions required in AD 
2016-11-20 and would require inspecting and replacing P/N 119003-11 and 
119003-21 PBE units. We are proposing this AD to correct the unsafe 
condition on these products.

DATES: We must receive comments on this proposed AD by July 10, 2017.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, 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.

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-2017-
0439; 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 proposed AD, the regulatory evaluation, any comments 
received, and other information. The street address for the Docket 
Office (phone: 800-647-5527) is in the ADDRESSES section. Comments will 
be available in the AD docket shortly after receipt.

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:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2017-0439; 
Directorate Identifier 2017-CE-010-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    On May 25, 2016, we issued AD 2016-11-20, Amendment 39-18547 (81 FR 
37492, June 10, 2016), (``AD 2016-11-20''), for B/E Aerospace 
Protective Breathing Equipment (PBE), part number (P/N) 119003-11, that 
is installed on airplanes. AD 2016-11-20 requires replacing all PBE, P/
N 119003-11, with PBE, P/N 119003-21. AD 2016-11-20 resulted from a 
report of a PBE unit, P/N 119003-11, catching fire upon activation by a 
crewmember. We issued AD 2016-11-20 to correct the unsafe condition on 
these products.

Actions Since AD 2016-11-20 Was Issued

    Since we issued AD 2016-11-20, we received a report that a mechanic 
incurred a minor injury when he activated the affected PBE unit as part 
of the disposal process. The igniter candle in the PBE supplies the 
user with oxygen during the first 20 seconds after activation. For PBE 
units with a serial number within the serial number range identified in 
this proposed AD, the candle tube material was determined to have a low 
yield strength. This can result in inadequate retention of the end 
fitting during activation, and the candle may eject from the PBE as a 
high speed projectile.

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; Service Bulletin 119003-35-009, Rev. 001, 
dated April 12, 2016; and Service Bulletin No. 119003-35-013, Rev. 001, 
dated February 24, 2017. B/E Aerospace Service Bulletin No. 119003-35-
011, Rev. 000, dated February 4, 2015, describes procedures for 
inspecting PBE, P/N 119003-11, to determine if the vacuum seal of the 
pouch containing the PBE is compromised; B/E Aerospace Service Bulletin 
No. 119003-35-009, Rev. 001, dated April 12, 2016, describes procedures 
for replacing PBE, P/N 119003-11 with P/N 119003-21; and B/E Aerospace 
Service Bulletin No. 119003-35-013, Rev. 001, dated February 24, 2017, 
describes procedures for inspecting PBE P/N 119003-21 to determine the 
serial number and replacing any within the specified serial number 
range. This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business

[[Page 24261]]

or by the means identified in the ADDRESSES section.

FAA's Determination

    We are proposing 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 the same type design.

Proposed AD Requirements

    This proposed AD would retain all requirements of AD 2016-11-20. 
This proposed AD would also require inspecting PBE P/N 119003-21 to 
determine the serial number and replacing any within the specified 
serial number range.

Differences Between This Proposed AD and the Service Information

    We are not proposing to require the disposal of the PBE as 
specified in the related service information because we have determined 
that owner/operators use various methods for disposal, which includes 
returning the PBE to the manufacturer. Therefore, we have not proposed 
the use of only one method of disposal. However, given the potential 
concern with activation of certain PBE units during disposal, we 
encourage coordination with the manufacturer and awareness of the 
disposal methods.

Costs of Compliance

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

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
              Action                    Labor cost             Parts cost             product        operators
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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 PBE P/N 119003-11 with     .5 work-hour x $85   $1,510..................        1,552.50      13,972,500
 PBE P/N 119003-21.                 per hour = $42.50.
Inspecting the PBE to determine    .5 work-hour x $85   Not applicable..........           42.50         382,500
 whether an affected PBE P/N        per hour = $42.50.
 119003-21 is installed.
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    We estimate the following costs to replace any affected PBE P/N 
119003-21 units that fall within the affected serial number range. We 
have no way of determining the number of aircraft that might need these 
repairs/replacements:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                   Action                                 Labor cost                Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replacement of PBE P/N 119003-21...........  .5 work-hour x $85 per hour =                $1,510       $1,552.50
                                              $42.50.
----------------------------------------------------------------------------------------------------------------

    The cost difference between AD 2016-11-20 and this proposed AD is 
the cost of inspecting for serial number determination and replacing 
the affected serial numbers. This part of the proposed AD could 
potentially affect 2,070 PBE units.

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

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 the proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Is not a ``significant rule'' under the 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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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 removing Airworthiness Directive (AD) 
2016-11-20, Amendment 39-18547 (81 FR 37492, June 10, 2016), and adding 
the following new AD:

B/E Aerospace: Docket No. FAA-2017-0439; Directorate Identifier 
2017-CE-010-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by July 10, 
2017.

[[Page 24262]]

(b) Affected ADs

    This AD replaces AD 2016-11-20, Amendment 39-18547 (81 FR 37492, 
June 10, 2016), (``AD 2016-11-20'').

(c) Applicability

    This AD applies to B/E Aerospace Protective Breathing Equipment 
(PBE), part numbers (P/N) 119003-11 and 119003-21, that are 
installed on airplanes.

(d) Subject

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

(e) Unsafe Condition

    AD 2016-11-20 was prompted by a report of a PBE unit, P/N 
119003-11, catching fire upon activation by a crewmember. This AD 
was prompted by a report that PBE units, P/N 119003-21, within a 
certain serial number range are made with candle tube material 
determined to have a low yield strength and may be volatile upon use 
or disposal. 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 Retained From AD 2016-11-20 for Airplanes With PBE, P/N 
119003-11, Installed

    Within 3 months after July 15, 2016 (the effective date of AD 
2016-11-20), 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 Retained From AD 2016-11-20 for Airplanes With PBE, P/N 
119003-11, Installed

    (1) During the inspection required in paragraph (g) of this AD, 
if a PBE pouch is found that does not have an intact vacuum seal, 
before further flight or following existing MEL procedures, replace 
the PBE with a PBE unit, P/N 119003-21 that is not within the serial 
number (S/N) range 004-14768M through 004-21093M or 004-02393M 
through 004-03033M, following paragraphs III.C., III.D.(4), 
III.D.(6), and III.D.(7) of the Accomplishment Instructions in B/E 
Aerospace SB No. 119003-35-009, Rev. 001, dated April 12, 2016, or 
replace it with another FAA-approved PBE installation.
    (2) During the inspection required in paragraph (g) of this AD, 
if a PBE pouch is found where the vacuum seal is intact, within 18 
months after July 15, 2016 (the effective date of AD 2016-11-20), 
remove PBE, P/N 119003-11, and replace it with a PBE, P/N 119003-21 
that is not within the S/N range 004-14768M through 004-21093M or 
004-02393M through 004-03033M, 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 PBE installation.

(i) New Inspection for Airplanes With PBE, P/N 119003-21, Installed

    Within 6 months after the effective date of this AD, inspect 
PBE, P/N 119003-21, to determine if the S/N is within the range of 
004-14768M through 004-21093M or 004-02393M through 004-03033M. Do 
this inspection following paragraph III.A of the Accomplishment 
Instructions in B/E Aerospace SB No. 119003-35-013, Rev. 001 dated 
February 24, 2017.

(j) New Replacement for Airplanes With PBE, P/N 119003-21, Installed

    During the inspection required in paragraph (i) of this AD, if 
it is found that the PBE, P/N 119003-21, is within the S/N range 
specified in paragraph (i) of this AD, before further flight or 
following existing MEL procedures, remove the PBE and replace it 
with a PBE, P/N 119003-21, that does not have a S/N 004-14768M 
through 004-21093M or 004-02393M through 004-03033M. Do this 
replacement following paragraphs III.C., III.D.(4), III.D.(6), and 
III.D.(7) of the Accomplishment Instructions in B/E Aerospace SB No. 
119003-35-013, Rev. 001, dated February 24, 2017, or replace it with 
another FAA-approved PBE installation.

(k) Prohibited Installation

    As of the effective date of this AD, do not install a PBE, P/N 
119003-21, that has a S/N within the range of 004-14768M through 
004-21093M or 004-02393M through 004-03033M.

(l) Credit for Actions Done Following Previous Service Information

    If you performed the inspection and replacement action required 
in paragraphs (i) and (j) of this AD before the effective date of 
this AD using B/E Aerospace Service Bulletin No. 119003-35-013, Rev. 
001, dated January 9, 2017, you met the requirements of those 
paragraphs of this AD.

(m) 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 (n)(1) 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.

(n) Related Information

    (1) 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].
    (2) 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. 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.

    Issued in Kansas City, Missouri, on May 3, 2017.
Melvin Johnson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-10409 Filed 5-25-17; 8:45 am]
 BILLING CODE 4910-13-P