81 FR 2131 - Airworthiness Directives; B/E Aerospace Protective Breathing Equipment Part Number 119003-11

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 10 (January 15, 2016)

Page Range		2131-2134
FR Document		2016-00374

We are revising an earlier proposed airworthiness directive (AD) for certain B/E Aerospace protective breathing equipment (PBE) that is installed on airplanes. The NPRM proposed inspecting the PBE to determine if the pouch has the proper vacuum seal and replacing if necessary. The NPRM was prompted by reports of a compromise in the vacuum seal of the pouch that contains the PBE. This action revises the NPRM by requiring replacement of the PBE following newly issued service information regardless of inspection results. We are proposing this supplemental NPRM (SNPRM) to correct the unsafe condition on these products. Since these actions impose an additional burden over that proposed in the NPRM, we are reopening the comment period to allow the public the chance to comment on these proposed changes.

Federal Register, Volume 81 Issue 10 (Friday, January 15, 2016)

[Federal Register Volume 81, Number 10 (Friday, January 15, 2016)]
[Proposed Rules]
[Pages 2131-2134]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-00374]


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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]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of 
comment period.

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SUMMARY: We are revising an earlier proposed airworthiness directive 
(AD) for certain B/E Aerospace protective breathing equipment (PBE) 
that is installed on airplanes. The NPRM proposed inspecting the PBE to 
determine if the pouch has the proper vacuum seal and replacing if 
necessary. The NPRM was prompted by reports of a compromise in the 
vacuum seal of the pouch that contains the PBE. This action revises the 
NPRM by requiring replacement of the PBE following newly issued service 
information regardless of inspection results. We are proposing this 
supplemental NPRM (SNPRM) to correct the unsafe condition on these 
products. Since these actions impose an additional burden over that 
proposed in the NPRM, we are reopening the comment period to allow the 
public the chance to comment on these proposed changes.

DATES: We must receive comments on this SNPRM by February 29, 2016.

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: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this proposed rule, contact 
B/E Aerospace, Inc., Commercial Aircraft Products Group, 10800 Pflumm 
Road, Lenexa, Kansas 66215; telephone: (913) 338-9800; fax: (913) 338-
8419; Internet: www.beaerospace.com. You may review 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-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 proposed AD, the regulatory evaluation, any comments 
received, and other information. The street address for the Docket 
Office (telephone: 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; telephone: (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-2015-2134; 
Directorate Identifier 2015-CE-012-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.

[[Page 2132]]

Discussion

    We issued an NPRM 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 NPRM 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.

Actions Since Previous NPRM Was Issued

    Since we issued the NPRM (80 FR 34330, June 16, 2015), further 
investigation into the fire of the PBE, part number (P/N) 119003-11, 
found that the ignitor candles from the PBE units that caught fire had 
a breach of the filter in the candle assembly. The breach of the filter 
in the candle assembly allowed hot particles from the igniter candle to 
enter the oxygen rich environment of the PBE hood, which could cause a 
fire. All ignitor candles that were examined after fire events showed a 
breach in the filter. Due to the complexities involved with the 
chemical reaction within the candle, a definitive cause for the 
breached filters has not been identified. B/E Aerospace PBE, P/N 
119003-21, contains a stainless steel mesh in the outlet path of the 
igniter candle. It has been established that the installation of the 
stainless steel mesh will prevent hot particles from entering the PBE 
hood as a result of a breached filter. Also, it was initially believed 
that the fire events occurred only with PBEs that had compromised 
vacuum sealed pouches. Two recent events occurred with PBEs that were 
reported by the operators to be in serviceable conditions, although the 
FAA and PBE manufacturer could not verify the condition of the pouch or 
PBE before the event. Therefore, we can no longer conclude that a PBE, 
P/N 119003-11, with an intact vacuum seal will prevent the possibility 
of spark and fire.
    This condition, if not corrected, could result in the PBE catching 
fire.

Comments

    We gave the public the opportunity to comment on the NPRM (80 FR 
34330, June 16, 2015). The following presents the comments received on 
the NPRM (80 FR 34330, June 16, 2015) and the FAA's response to each 
comment.

Request To Change Cost of Compliance Section

    B/E Aerospace, Inc. requested that the labor cost stated for doing 
the inspection be changed from .5 work-hour to .1 work-hour.
    The commenter stated that the manpower specified in the related 
service bulletin for doing the inspection is 1 minute for 1 person. By 
comparison, the labor cost stated in the NPRM is .5 work-hour. The 
commenter believes that 0.5 work-hour is unreasonably long based on 
experience with the PBE. The commenter also stated that as a 
consequence, this aspect of the NPRM incorrectly suggests a substantial 
burden on the industry given the number of PBE units requiring the 
inspection.
    The commenter requested that the labor cost for doing the 
inspection be changed to be consistent with the related service 
information.
    We partially agree with the commenter. Even though we agree that it 
may take less than .5 work-hour to inspect the PBE, it is FAA practice 
to present labor cost in .5 work-hour increments. We have not changed 
this proposed AD based on this comment.

Request To Change Applicability

    Airbus stated that the Applicability section should also include 
PBE, P/N 119003-21, all FAA-approved PBEs.
    The commenter stated that the candle in PBE, P/N 119003-21, is 
identical to the one in PBE, P/N 119003-11, and the abnormal behavior 
of the candle is also possible on the PBE, P/N 119003-21. The remaining 
effects of a candle malfunction from a PBE, P/N 119003-21, are still 
not sufficiently known, e.g. functional aspects, heat, or generation of 
noxious gases. A compromised seal could also lead to a malfunction of a 
PBE, P/N 119003-21, or other FAA-approved PBEs as well.
    The commenter requested that the inspections also apply to PBE, P/N 
119003-21, and all other FAA-approved PBEs as well.
    We do not agree with the commenter. Our investigation revealed that 
the cause of the unsafe condition has been limited to PBE, P/N 119003-
11. The manufacturer has tested PBE, P/N 119003-21, with candle 
assemblies that had a breach in the filter. The PBE, P/N 119003-21, has 
been shown to stop hot particles from entering the hood and causing a 
fire. Due to additional testing and investigation, this proposed AD now 
requires replacing the PBE, P/N 119003-11, with a PBE, P/N 119003-21, 
or other FAA-approved PBE. We are still allowing inspecting the PBE, P/
N 119003-11, until the required replacement time.
    We have not changed this proposed AD based on this comment.

Request To Include Allowance for Minimum Equipment List (MEL) Relief

    United Airlines requested incorporating existing MEL procedures 
into the AD.
    The commenter stated that the proposed AD requires replacing a PBE 
that has a compromised vacuum seal before further flight. The commenter 
requested a revision to the AD to allow airplane operation with a 
minimum equipment list (MEL).
    We agree with the commenter. An MEL is intended to permit operation 
with inoperative instruments or equipment for a period of time until 
repairs can be done. Repairs must be done at the earliest opportunity. 
To maintain an acceptable level of safety and reliability, the MEL 
establishes limitations on the duration of and conditions for operation 
with inoperative equipment.
    We have changed this proposed AD based on this comment.

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 Service Bulletin 119003-35-009, Rev. 
009, dated November 9, 2015. The 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 119003-35-009, Rev. 009, dated November 9, 2015, 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 of this SNPRM.

FAA's Determination

    We are proposing this SNPRM 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. 
Certain changes described above expand the scope of the NPRM (80 FR 
34330, June 16, 2015). As a result, we have determined that it is 
necessary to reopen the comment period to provide additional 
opportunity for the public to comment on this SNPRM.

Proposed Requirements of This SNPRM

    This SNPRM would require accomplishing the actions specified in the 
service information described

[[Page 2133]]

previously, except as discussed under ``Differences Between this SNPRM 
and the Service Information.

Differences Between This SNPRM 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 proposed AD would apply only to a PBE 
with P/N 119003-11 with regard to the inspection requirement of 
paragraph (g) of this proposed AD. B/E Aerospace Service Bulletin 
119003-35-009, Rev. 009, dated November 9, 2015, includes instructions 
for disposal. In this proposed AD, we are requiring only the 
replacement action.

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
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------

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 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 this 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 adding the following new airworthiness 
directive (AD):

B/E Aerospace: Docket No. FAA-2015-2134; Directorate Identifier 
2015-CE-012-AD.

(a) Comments Due Date

    We must receive comments by February 29, 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 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. 000, dated November 9, 2015, 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 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 Aerospace Service Bulletin No. 
119003-35-009, Rev. 000, dated November 9, 2015, or replace it with 
another FAA-approved serviceable PBE.

(i) 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

[[Page 2134]]

to the manager of the ACO, send it to the attention of the person 
identified in paragraph (j)(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.

(j) 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 service information identified in this AD, contact B/E 
Aerospace, Inc., 10800 Pflumm Road, Commercial Aircraft Products 
Group, Lenexa, Kansas 66215; telephone: (913) 338-9800; fax: (913) 
338-8419; Internet: www.beaerospace.com. You may review 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 January 6, 2016.
Kelly Broadway,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-00374 Filed 1-14-16; 8:45 am]
 BILLING CODE 4910-13-P

Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Proposed Rules 2131

required reserve be calculated? Some Dated: January 7, 2016. Washington, DC 20590, between 9 a.m.
possibilities could include a percentage Maria Contreras-Sweet, and 5 p.m., Monday through Friday,
of the original loan amount of the CDC’s Administrator. except Federal holidays.
504 portfolio, a percentage of the [FR Doc. 2016–00731 Filed 1–14–16; 8:45 am] For service information identified in
current outstanding loan amount of the BILLING CODE 8025–01–P this proposed rule, contact B/E
CDC’s 504 portfolio, a percentage of the Aerospace, Inc., Commercial Aircraft
annual fees received by the CDC as a Products Group, 10800 Pflumm Road,
result of its 504 lending, or a percentage DEPARTMENT OF TRANSPORTATION Lenexa, Kansas 66215; telephone: (913)
of the CDC’s remaining funds. Another 338–9800; fax: (913) 338–8419; Internet:
approach would be to calculate the Federal Aviation Administration www.beaerospace.com. You may review
required reserve as a dollar amount this referenced service information at
equal to at least six months, but no more 14 CFR Part 39 the FAA, Small Airplane Directorate,
than 12 months, of staff and overhead 901 Locust, Kansas City, Missouri
expenses of the CDC. [Docket No. FAA–2015–2134; Directorate
Identifier 2015–CE–012–AD] 64106. For information on the
6. Should SBA limit the amount that availability of this material at the FAA,
CDCs may retain as a reserve for future RIN 2120–AA64 call (816) 329–4148.
operations? If not, why not? If yes, what
would be a reasonable maximum Airworthiness Directives; B/E Examining the AD Docket
amount to allow as a reserve? Aerospace Protective Breathing
Equipment Part Number 119003–11 You may examine the AD docket on
7. Should a CDC be able to decide that the Internet at http://
the reserve option would be a more AGENCY: Federal Aviation www.regulations.gov by searching for
prudent use of its remaining funds than Administration (FAA), DOT. and locating Docket No. FAA–2015–
economic development investments to ACTION: Supplemental notice of 2134; or in person at the Docket
ensure that it has the ability to ‘‘sustain proposed rulemaking (NPRM); Management Facility between 9 a.m.
its operations continuously’’? Why or reopening of comment period. and 5 p.m., Monday through Friday,
why not? except Federal holidays. The AD docket
SUMMARY: We are revising an earlier
8. Should SBA require CDCs to first contains this proposed AD, the
proposed airworthiness directive (AD)
apply any remaining funds to the regulatory evaluation, any comments
for certain B/E Aerospace protective
reserve for future operations before received, and other information. The
breathing equipment (PBE) that is
using any remaining funds for street address for the Docket Office
installed on airplanes. The NPRM
investments? Please provide reasons for (telephone: 800–647–5527) is in the
proposed inspecting the PBE to
your response. ADDRESSES section. Comments will be
determine if the pouch has the proper
9. What requirements, if any, should available in the AD docket shortly after
vacuum seal and replacing if necessary.
apply to a CDC’s remaining funds if it receipt.
The NPRM was prompted by reports of
voluntarily decertifies or is removed a compromise in the vacuum seal of the FOR FURTHER INFORMATION CONTACT:
from the 504 Loan Program? Should the pouch that contains the PBE. This David Enns, Aerospace Engineer,
CDC be required to invest these funds in action revises the NPRM by requiring Wichita Aircraft Certification Office,
local economic development activities replacement of the PBE following newly FAA, 1801 S. Airport Road, Room 100,
prior to decertification or removal? issued service information regardless of Wichita, Kansas 67209; telephone: (316)
10. What types of economic inspection results. We are proposing 946–4147; fax: (316) 946–4107; email:
development activities should be this supplemental NPRM (SNPRM) to david.enns@faa.gov.
included in the definition of correct the unsafe condition on these
SUPPLEMENTARY INFORMATION:
‘‘acceptable investments in economic products. Since these actions impose an
development’’? Are there any activities additional burden over that proposed in Comments Invited
that should not be included in the the NPRM, we are reopening the
definition? Examples of such acceptable comment period to allow the public the We invite you to send any written
investments in economic development chance to comment on these proposed relevant data, views, or arguments about
could include loans, grants or other changes. this proposed AD. Send your comments
forms of direct financial support that are DATES: We must receive comments on
to an address listed under the
issued by the CDC for: (1) Other federal, ADDRESSES section. Include ‘‘Docket No.
this SNPRM by February 29, 2016.
state or local lending programs, such as FAA–2015–2134; Directorate Identifier
ADDRESSES: You may send comments,
microlending or revolving loan funds; 2015–CE–012–AD’’ at the beginning of
using the procedures found in 14 CFR
(2) Small Business Development your comments. We specifically invite
11.43 and 11.45, by any of the following
Centers; (3) business incubators; (4) comments on the overall regulatory,
methods:
industrial development; and (5) other economic, environmental, and energy
• Federal eRulemaking Portal: Go to
non-profit economic development aspects of this proposed AD. We will
http://www.regulations.gov. Follow the
entities. Should the definition include consider all comments received by the
instructions for submitting comments.
business or technical procurement • Fax: 202–493–2251. closing date and may amend this
assistance provided by the CDC or paid • Mail: U.S. Department of proposed AD because of those
for by the CDC? comments.
tkelley on DSK3SPTVN1PROD with PROPOSALS

Transportation, Docket Operations, M–
Interested parties are invited to 30, West Building Ground Floor, Room We will post all comments we
provide any other comments that they W12–140, 1200 New Jersey Avenue SE., receive, without change, to http://
may have relating to the issues Washington, DC 20590. www.regulations.gov, including any
described in this Advance Notice of • Hand Delivery: U.S. Department of personal information you provide. We
Proposed Rulemaking. We ask that you Transportation, Docket Operations, M– will also post a report summarizing each
provide a brief justification for any 30, West Building Ground Floor, Room substantive verbal contact we receive
suggested changes. W12–140, 1200 New Jersey Avenue SE., about this proposed AD.

VerDate Sep<11>2014 16:51 Jan 14, 2016 Jkt 238001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\15JAP1.SGM 15JAP1

Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Proposed Rules 2133

previously, except as discussed under with P/N 119003–11 and P/N 119003– proposed AD, we are requiring only the
‘‘Differences Between this SNPRM and 21. We have determined that this replacement action.
the Service Information. proposed AD would apply only to a PBE
Costs of Compliance
with P/N 119003–11 with regard to the
Differences Between This SNPRM and We estimate that this proposed AD
inspection requirement of paragraph (g)
the Service Information affects 9,000 products installed on
of this proposed AD. B/E Aerospace
B/E Aerospace Service Bulletin No. Service Bulletin 119003–35–009, Rev. airplanes of U.S. registry.
119003–35–011, Rev. 000, dated 009, dated November 9, 2015, includes We estimate the following costs to
February 4, 2015, applies to all PBE instructions for disposal. In this comply with this proposed AD:

ESTIMATED COSTS
Cost per Cost on U.S.
Action Labor cost Parts cost product operators

Inspecting the pouch containing the PBE for .5 work-hour × $85 per hour = $42.50 ......... Not applicable ... $42.50 $382,500
proper vacuum seal.
Replace the PBE P/N 119003–11 with a .5 work-hour × $85 per hour = $42.50 ......... $1,510 .............. 1,552.50 13,972,500
PBE P/N 119003–21.

Authority for This Rulemaking on a substantial number of small entities this AD to correct the unsafe condition on
under the criteria of the Regulatory these products.
Title 49 of the United States Code
specifies the FAA’s authority to issue Flexibility Act. (f) Compliance
rules on aviation safety. Subtitle I, List of Subjects in 14 CFR Part 39 Comply with this AD within the
section 106, describes the authority of compliance times specified, unless already
the FAA Administrator. ‘‘Subtitle VII: Air transportation, Aircraft, Aviation done.
Aviation Programs’’ describes in more safety, Incorporation by reference,
Safety. (g) Inspection
detail the scope of the Agency’s Within 3 months after the effective date of
authority. The Proposed Amendment this AD, while still in the stowage box,
We are issuing this rulemaking under physically inspect the PBE pouch to
Accordingly, under the authority
the authority described in Subtitle VII, determine if it has an intact vacuum seal. Do
delegated to me by the Administrator,
Part A, Subpart III, section 44701: this inspection following paragraph III.A.1. of
the FAA proposes to amend 14 CFR part the Accomplishment Instructions in B/E
‘‘General requirements.’’ Under that
39 as follows: Aerospace Service Bulletin No. 119003–35–
section, Congress charges the FAA with
promoting safe flight of civil aircraft in 011. Rev. 000, dated February 4, 2015.
PART 39—AIRWORTHINESS
air commerce by prescribing regulations DIRECTIVES (h) Replacement
for practices, methods, and procedures (1) If a PBE pouch is found that does not
the Administrator finds necessary for ■ 1. The authority citation for part 39 have an intact vacuum seal during the
safety in air commerce. This regulation continues to read as follows: inspection required in paragraph (g) of this
is within the scope of that authority AD: Before further flight or following existing
Authority: 49 U.S.C. 106(g), 40113, 44701. minimum equipment list (MEL) procedures,
because it addresses an unsafe condition
that is likely to exist or develop on § 39.13 [Amended] replace the PBE with a PBE, P/N 119003–21,
following paragraphs III.C., III.D.(4), III.D.(6),
products identified in this rulemaking ■ 2. The FAA amends § 39.13 by adding and III.D.(7) of the Accomplishment
action. the following new airworthiness Instructions in B/E Aerospace Service
Regulatory Findings directive (AD): Bulletin No. 119003–35–009, Rev. 000, dated
November 9, 2015, or replace it with another
We determined that this proposed AD B/E Aerospace: Docket No. FAA–2015–2134;
FAA-approved serviceable PBE.
would not have federalism implications Directorate Identifier 2015–CE–012–AD.
(2) If a PBE pouch is found during the
under Executive Order 13132. This (a) Comments Due Date inspection required in paragraph (g) of this
proposed AD would not have a We must receive comments by February AD where the vacuum seal is intact: Within
substantial direct effect on the States, on 29, 2016. 18 months after the effective date of this AD,
the relationship between the national remove PBE, P/N 119003–11, and replace the
(b) Affected ADs PBE with PBE, P/N 119003–21, following
Government and the States, or on the
None. paragraphs III.C., III.D.(4), III.D.(6), and
distribution of power and III.D.(7) of the Accomplishment Instructions
responsibilities among the various (c) Applicability in B/E Aerospace Service Bulletin No.
levels of government. This AD applies to B/E Aerospace 119003–35–009, Rev. 000, dated November 9,
For the reasons discussed above, I Protective Breathing Equipment (PBE), part 2015, or replace it with another FAA-
certify this proposed regulation: number (P/N) 119003–11, that is installed on approved serviceable PBE.
(1) Is not a ‘‘significant regulatory airplanes. (i) Alternative Methods of Compliance
action’’ under Executive Order 12866, (AMOCs)
(d) Subject
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(2) Is not a ‘‘significant rule’’ under
the DOT Regulatory Policies and Joint Aircraft System Component (JASC)/ (1) The Manager, Wichita Aircraft
Air Transport Association (ATA) of America Certification Office (ACO), FAA, has the
Procedures (44 FR 11034, February 26, authority to approve AMOCs for this AD, if
Code 35; Oxygen.
1979), requested using the procedures found in 14
(3) Will not affect intrastate aviation (e) Unsafe Condition CFR 39.19. In accordance with 14 CFR 39.19,
in Alaska, and This AD was prompted by a report of a send your request to your principal inspector
(4) Will not have a significant PBE, P/N 119003–11, catching fire upon or local Flight Standards District Office, as
economic impact, positive or negative, activation by a crewmember. We are issuing appropriate. If sending information directly

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2134 Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Proposed Rules

to the manager of the ACO, send it to the address the unsafe condition on these substantive verbal contact we receive
attention of the person identified in products. about this proposed AD.
paragraph (j)(1) of this AD.
(2) Before using any approved AMOC, DATES: We must receive comments on Discussion
notify your appropriate principal inspector, this proposed AD by February 29, 2016.
On February 25, 1992, we issued AD
or lacking a principal inspector, the manager ADDRESSES: You may send comments by 92–06–10, Amendment 39–8190 (57 FR
of the local flight standards district office/ any of the following methods: 8063; March 6, 1992) (‘‘92–06–10’’).
certificate holding district office. • Federal eRulemaking Portal: Go to That AD required actions intended to
(j) Related Information http://www.regulations.gov. Follow the address an unsafe condition on
(1) For more information about this AD,
instructions for submitting comments. SOCATA Models MS 880B, MS 885, MS
contact David Enns, Aerospace Engineer, • Fax: (202) 493–2251.
894A, MS 893A, MS 892A–150, MS
Wichita ACO, FAA, 1801 S. Airport Road, • Mail: U.S. Department of
892E–150, MS 893E, MS 894E, Rallye
Room 100, Wichita, Kansas 67209; phone: Transportation, Docket Operations,
100S, Rallye 150T, Rallye 150ST, Rallye
(316) 946–4147; fax: (316) 946–4107; email: M–30, West Building Ground Floor,
235E, and Rallye 235C airplanes and
david.enns@faa.gov. Room W12–140, 1200 New Jersey
was based on mandatory continuing
(2) For service information identified in Avenue SE., Washington, DC 20590.
this AD, contact B/E Aerospace, Inc., 10800 • Hand Delivery: U.S. Department of airworthiness information (MCAI)
Pflumm Road, Commercial Aircraft Products Transportation, Docket Operations, originated by an aviation authority of
Group, Lenexa, Kansas 66215; telephone: M–30, West Building Ground Floor, another country.
(913) 338–9800; fax: (913) 338–8419; Since we issued AD 92–06–10, new
Room W12–140, 1200 New Jersey
Internet: www.beaerospace.com. You may findings led to an adjustment of the
review this referenced service information at
Avenue SE., Washington, DC 20590,
inspection intervals.
the FAA, Small Airplane Directorate, 901 between 9 a.m. and 5 p.m., Monday The European Aviation Safety Agency
Locust, Kansas City, Missouri 64106. For through Friday, except Federal holidays. (EASA), which is the Technical Agent
information on the availability of this For service information identified in
for the Member States of the European
material at the FAA, call (816) 329–4148. this proposed AD, contact SOCATA,
Community, has issued EASA AD 2015–
Issued in Kansas City, Missouri, on January Direction des services, 65921 Tarbes
0203, dated October 7, 2015 (referred to
6, 2016. Cedex 9, France; phone: +33 (0) 5 62 41
after this as ‘‘the MCAI’’), to correct an
Kelly Broadway, 73 00; fax: +33 (0) 5 62 41 76 54; email:
unsafe condition for the specified
info@socata.daher.com; Internet: http://
Acting Manager, Small Airplane Directorate, products. The MCAI states:
Aircraft Certification Service. www.tbm.aero/. For the United States,
contact SOCATA NORTH AMERICA, A nose landing gear (NLG) wheel axle
[FR Doc. 2016–00374 Filed 1–14–16; 8:45 am] rupture occurred in service. The results of
North Perry Airport, 601 NE 10 Street,
BILLING CODE 4910–13–P the technical investigation revealed that this
Pompano Beach, Florida 33060; phone:
failure was due to premature wear.
(954) 366–3331; Internet: http:// This condition, if not detected and
DEPARTMENT OF TRANSPORTATION www.socatanorthamerica.com/ corrected, could lead to cracks in the axle
default.htm. You may review copies of and detachment of axle and wheel, possibly
Federal Aviation Administration the referenced service information at the resulting in failure of the NLG with
FAA, Small Airplane Directorate, 901 consequent damage to the aeroplane and
14 CFR Part 39 Locust, Kansas City, Missouri 64106. injury to occupants.
To address this potential unsafe condition,
FOR FURTHER INFORMATION CONTACT:
[Docket No. FAA–2016–0068; Directorate DGAC France issued AD 91–163(A) (later
Identifier 2015–CE–037–AD] Albert Mercado, Aerospace Engineer, revised twice) to require repetitive detailed
FAA, Small Airplane Directorate, 901 inspections (DET) of the NLG wheel axle and
RIN 2120–AA64 Locust, Room 301, Kansas City, replacement of the NLG wheel axle
Missouri 64106; telephone: (816) 329– attachment screws in accordance with the
Airworthiness Directives; SOCATA 4119; fax: (816) 329–4090; email: instructions of SOCATA Service Bulletin
Airplanes albert.mercado@faa.gov. (SB) 150–32.
Since DGAC France AD 91–163(A)R2 was
AGENCY: Federal Aviation SUPPLEMENTARY INFORMATION:
issued, new findings led to an adjustment of
Administration (FAA), Department of the inspection interval. Consequently,
Comments Invited
Transportation (DOT). SOCATA issued SB 150–32, now at Revision
ACTION: Notice of proposed rulemaking We invite you to send any written 3.
(NPRM). relevant data, views, or arguments about For the reasons described above, this new
this proposed AD. Send your comments AD retains the requirements of the DGAC
SUMMARY: We propose to adopt a new to an address listed under the France AD 91–163(A)R2, which is
airworthiness directive (AD) for ADDRESSES section. Include ‘‘Docket No. superseded, but requires these actions to be
SOCATA Models MS 880B, MS 885, MS FAA–2016–0068; Directorate Identifier accomplished within reduced intervals.
892A–150, MS 892E–150, MS 893A, MS 2015–CE–037–AD’’ at the beginning of You may examine the MCAI on the
893E, MS 894A, MS 894E, Rallye 100S, your comments. We specifically invite Internet at http://www.regulations.gov
Rallye 150ST, Rallye 150T, Rallye 235E, comments on the overall regulatory, by searching for and locating Docket No.
and Rallye 235C airplanes that would economic, environmental, and energy FAA–2016–0068.
supersede AD 92–06–10. This proposed aspects of this proposed AD. We will
AD results from mandatory continuing consider all comments received by the Related Service Information Under
1 CFR Part 51
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airworthiness information (MCAI) closing date and may amend this
originated by an aviation authority of proposed AD because of those SOCATA has issued Daher-Socata
another country to identify and correct comments. Mandatory Service Bulletin SB 150–32,
an unsafe condition on an aviation We will post all comments we Revision 3, dated September 2015. The
product. The MCAI describes the unsafe receive, without change, to http:// service bulletin describes procedures for
condition as fatigue failure of the nose regulations.gov, including any personal inspection of the nose gear wheel axle.
landing gear wheel axle. We are issuing information you provide. We will also This service information is reasonably
this proposed AD to require actions to post a report summarizing each available because the interested parties

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Document Created: 2018-02-02 12:32:04
Document Modified: 2018-02-02 12:32:04

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Supplemental notice of proposed rulemaking (NPRM); reopening of comment period.
Dates		We must receive comments on this SNPRM by February 29, 2016.
Contact		David Enns, Aerospace Engineer, Wichita Aircraft Certification Office, FAA, 1801 S. Airport Road, Room 100, Wichita, Kansas 67209; telephone: (316) 946-4147; fax: (316) 946- 4107; email: [email protected]
FR Citation		81 FR 2131
RIN Number		2120-AA64
CFR Associated		Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety

81 FR 2131 - Airworthiness Directives; B/E Aerospace Protective Breathing Equipment Part Number 119003-11

DEPARTMENT OF TRANSPORTATIONFederal Aviation Administration

Federal Register Volume 81, Issue 10 (January 15, 2016)

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration