81_FR_37604 81 FR 37492 - Airworthiness Directives; B/E Aerospace Protective Breathing Equipment Part Number 119003-11

81 FR 37492 - Airworthiness Directives; B/E Aerospace Protective Breathing Equipment Part Number 119003-11

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 112 (June 10, 2016)

Page Range37492-37494
FR Document2016-13250

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.

Federal Register, Volume 81 Issue 112 (Friday, June 10, 2016)
[Federal Register Volume 81, Number 112 (Friday, June 10, 2016)]
[Rules and Regulations]
[Pages 37492-37494]
From the Federal Register Online  [www.thefederalregister.org]
[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.

-----------------------------------------------------------------------

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
----------------------------------------------------------------------------------------------------------------
                                                                                     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

    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



                                                  37492                Federal Register / Vol. 81, No. 112 / Friday, June 10, 2016 / Rules and Regulations

                                                  202–741–6030, or go to: http://                         and locating Docket No. FAA–2015–                         We do not agree with the commenter.
                                                  www.archives.gov/federal-register/cfr/ibr-              2134; or in person at the Docket                       We believe that the replacement
                                                  locations.html.                                         Management Facility between 9 a.m.                     compliance time of 18 months after the
                                                    Issued in Renton, Washington, on May 18,              and 5 p.m., Monday through Friday,                     effective date of this AD is sufficient
                                                  2016.                                                   except Federal holidays. The AD docket                 time since we are allowing even more
                                                  Dionne Palermo,                                         contains this AD, the regulatory                       time than specified in the related
                                                  Acting Manager, Transport Airplane                      evaluation, any comments received, and                 service information. Also, the public has
                                                  Directorate, Aircraft Certification Service.            other information. The address for the                 been aware of this safety issue since we
                                                  [FR Doc. 2016–12324 Filed 6–9–16; 8:45 am]              Docket Office (phone: 800–647–5527) is                 first published the first NPRM on June
                                                  BILLING CODE 4910–13–P                                  Document Management Facility, U.S.                     16, 2015 (80 FR 34330). We have not
                                                                                                          Department of Transportation, Docket                   changed the final rule AD action based
                                                                                                          Operations, M–30, West Building                        on this comment.
                                                  DEPARTMENT OF TRANSPORTATION                            Ground Floor, Room W12–140, 1200
                                                                                                          New Jersey Avenue SE., Washington,                     Request To Correct Service Information
                                                  Federal Aviation Administration                         DC 20590.                                                John Barker of B/E Aerospace stated
                                                                                                          FOR FURTHER INFORMATION CONTACT:                       that Service Bulletin 119003–35–009,
                                                  14 CFR Part 39                                          David Enns, Aerospace Engineer,                        dated November 9, 2015, is incorrectly
                                                                                                          Wichita Aircraft Certification Office,                 referenced as Rev. 009 instead of Rev.
                                                  [Docket No. FAA–2015–2134; Directorate
                                                  Identifier 2015–CE–012–AD; Amendment                    FAA, 1801 S. Airport Road, Room 100,                   000 in the preamble of the SNPRM (81
                                                  39–18547; AD 2016–11–20]                                Wichita, Kansas 67209; phone: (316)                    FR 2131, January 15, 2016). The
                                                                                                          946–4147; fax: (316) 946–4107; email:                  commenter requested the reference to
                                                  RIN 2120–AA64                                           david.enns@faa.gov.                                    the revision number be corrected.
                                                                                                          SUPPLEMENTARY INFORMATION:                               We agree with the commenter.
                                                  Airworthiness Directives; B/E                                                                                  However, on April 12, 2016, Rev. 001 of
                                                  Aerospace Protective Breathing                          Discussion                                             B/E Aerospace Service Bulletin 119003–
                                                  Equipment Part Number 119003–11                                                                                35–009 was released. We are
                                                                                                             We issued a supplemental notice of
                                                  AGENCY:  Federal Aviation                               proposed rulemaking (SNPRM) to                         incorporating the Revision 001, dated
                                                  Administration (FAA), DOT.                              amend 14 CFR part 39 by adding an AD                   April 12, 2016, into the final rule AD
                                                  ACTION: Final rule.                                     that would apply to certain B/E                        action because the procedures for doing
                                                                                                          Aerospace protective breathing                         the inspection and replacement of the
                                                  SUMMARY:   We are adopting a new                        equipment (PBE) that is installed on                   PBE have not changed.
                                                  airworthiness directive (AD) for certain                airplanes. The SNPRM published in the                    We have changed the final rule AD
                                                  B/E Aerospace protective breathing                      Federal Register on January 15, 2016                   action to include the newly revised
                                                  equipment (PBE) that is installed on                    (81 FR 2131). We preceded the SNPRM                    service bulletin and to give credit to
                                                  airplanes. This AD was prompted by a                    with a notice of proposed rulemaking                   owners/operators who may have already
                                                  report of a PBE catching fire upon                      (NPRM) that published in the Federal                   done the required replacement
                                                  activation by a crewmember. This AD                     Register on June 16, 2015 (80 FR 34330).               following B/E Aerospace Service
                                                  requires replacing the PBE. We are                      The NPRM proposed to require                           Bulletin No. 119003–35–009, Rev. 000,
                                                  issuing this AD to correct the unsafe                   inspecting the PBE to determine if the                 dated November 9, 2015, which was
                                                  condition on these products.                            pouch has the proper vacuum seal and                   correctly referenced in paragraph (h) of
                                                  DATES: This AD is effective July 15,
                                                                                                          replacing if necessary. The NPRM was                   the regulatory text in the SNPRM (81 FR
                                                  2016.                                                   prompted by a report of a PBE catching                 2131, January 15, 2016).
                                                     The Director of the Federal Register                 fire upon activation by a crewmember.
                                                                                                                                                                 Conclusion
                                                  approved the incorporation by reference                 The SNPRM proposed to require
                                                                                                          replacement of the PBE following newly                   We reviewed the relevant data,
                                                  of certain publications listed in this AD                                                                      considered the comments received, and
                                                  as of July 15, 2016.                                    issued service information, regardless of
                                                                                                          inspection results. We are issuing this                determined that air safety and the
                                                  ADDRESSES: For service information                                                                             public interest require adopting this AD
                                                                                                          AD to correct the unsafe condition on
                                                  identified in this final rule, contact B/               these products.                                        as proposed except for minor editorial
                                                  E Aerospace, Inc., Commercial Aircraft                                                                         changes. We have determined that these
                                                  Products Group, 10800 Pflumm Road,                      Comments                                               minor changes:
                                                  Lenexa, Kansas 66215; phone: (913)                        We gave the public the opportunity to                  • Are consistent with the intent that
                                                  338–9800; fax: (913) 338–8419; Internet:                participate in developing this AD. We                  was proposed in the SNPRM (81 FR
                                                  www.beaerospace.com. You may view                       have considered the comments received.                 2131, January 15, 2016) for correcting
                                                  this referenced service information at                  We received one anonymous comment                      the unsafe condition; and
                                                  the FAA, Small Airplane Directorate,                    in support of the SNPRM (81 FR 2131,                     • Do not add any additional burden
                                                  901 Locust, Kansas City, Missouri                       January 15, 2016).                                     upon the public than was already
                                                  64106. For information on the                                                                                  proposed in the SNPRM (81 FR 2131,
                                                  availability of this material at the FAA,               Request To Change Compliance Time                      January 15, 2016).
                                                  call (816) 329–4148. It is also available                  Penney Baudin of United Airlines
                                                  on the Internet at http://                              requested a change to the PBE                          Related Service Information Under 1
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  www.regulations.gov by searching for                    replacement compliance time.                           CFR Part 51
                                                  and locating Docket No. FAA–2015–                          The commenter requested a 12-month                    We reviewed B/E Aerospace Service
                                                  2134.                                                   repetitive inspection with a 36-month                  Bulletin No. 119003–35–011, Rev. 000,
                                                                                                          terminating replacement action. The                    dated February 4, 2015, and B/E
                                                  Examining the AD Docket                                 commenter stated that the change would                 Aerospace Service Bulletin 119003–35–
                                                    You may examine the AD docket on                      alleviate restrictive shipping means and               009, Rev. 001, dated April 12, 2016. B/
                                                  the Internet at http://                                 complex distribution of the PBEs since                 E Aerospace Service Bulletin No.
                                                  www.regulations.gov by searching for                    the units contain oxygen generators.                   119003–35–011, Rev. 000, dated


                                             VerDate Sep<11>2014   16:32 Jun 09, 2016   Jkt 238001   PO 00000   Frm 00008   Fmt 4700   Sfmt 4700   E:\FR\FM\10JNR1.SGM   10JNR1


                                                                       Federal Register / Vol. 81, No. 112 / Friday, June 10, 2016 / Rules and Regulations                                                37493

                                                  February 4, 2015, describes procedures                  course of business or by the means                     B/E Aerospace Service Bulletin 119003–
                                                  for inspecting PBE, part number (P/N)                   identified in the ADDRESSES section.                   35–009, Rev. 001, dated April 12, 2016,
                                                  119003–11, to determine if the vacuum                   Differences Between This AD and the                    includes instructions for disposal. In
                                                  seal of the pouch containing the PBE is                 Service Information                                    this AD, we are requiring only the
                                                  compromised. B/E Aerospace Service                                                                             replacement action.
                                                  Bulletin 119003–35–009, Rev. 001,                         B/E Aerospace Service Bulletin No.
                                                                                                          119003–35–011, Rev. 000, dated                         Costs of Compliance
                                                  dated April 12, 2016, describes
                                                                                                          February 4, 2015, applies to all PBE
                                                  procedures for replacing PBE P/N                                                                                 We estimate that this AD affects 9,000
                                                                                                          with P/N 119003–11 and P/N 119003–
                                                  119003–11 with P/N 119003–21. This                      21. We have determined that this AD                    products installed on airplanes of U.S.
                                                  service information is reasonably                       will apply only to a PBE P/N 119003–                   registry.
                                                  available because the interested parties                11 with regard to the inspection                         We estimate the following costs to
                                                  have access to it through their normal                  requirement of paragraph (g) of this AD.               comply with this 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 PBE               .5 work-hour × $85 per hour = $42.50 ...........     1,510 ..............     1,552.50        13,972,500
                                                    P/N 119003–21.



                                                  Authority for This Rulemaking                             (4) Will not have a significant                      (d) Subject
                                                     Title 49 of the United States Code                   economic impact, positive or negative,                   Joint Aircraft System Component (JASC)/
                                                                                                          on a substantial number of small entities              Air Transport Association (ATA) of America
                                                  specifies the FAA’s authority to issue
                                                                                                          under the criteria of the Regulatory                   Code 35; Oxygen.
                                                  rules on aviation safety. Subtitle I,
                                                  section 106, describes the authority of                 Flexibility Act.                                       (e) Unsafe Condition
                                                  the FAA Administrator. Subtitle VII:                    List of Subjects in 14 CFR Part 39                        This AD was prompted by a report of a
                                                  Aviation Programs, describes in more                                                                           PBE, P/N 119003–11, catching fire upon
                                                  detail the scope of the Agency’s                          Air transportation, Aircraft, Aviation               activation by a crewmember. We are issuing
                                                  authority.                                                                                                     this AD to correct the unsafe condition on
                                                                                                          safety, Incorporation by reference,
                                                                                                                                                                 these products.
                                                     We are issuing this rulemaking under                 Safety.
                                                  the authority described in Subtitle VII,                                                                       (f) Compliance
                                                  Part A, Subpart III, section 44701:                     Adoption of the Amendment                                 Comply with this AD within the
                                                  ‘‘General requirements.’’ Under that                      Accordingly, under the authority                     compliance times specified, unless already
                                                  section, Congress charges the FAA with                                                                         done.
                                                                                                          delegated to me by the Administrator,
                                                  promoting safe flight of civil aircraft in              the FAA amends 14 CFR part 39 as                       (g) Inspection
                                                  air commerce by prescribing regulations                 follows:                                                  Within 3 months after July 15, 2016 (the
                                                  for practices, methods, and procedures                                                                         effective date of this AD), while still in the
                                                  the Administrator finds necessary for                   PART 39—AIRWORTHINESS                                  stowage box, physically inspect the PBE
                                                  safety in air commerce. This regulation                 DIRECTIVES                                             pouch to determine if it has an intact vacuum
                                                  is within the scope of that authority                                                                          seal. Do this inspection following paragraph
                                                  because it addresses an unsafe condition                                                                       III.A.1. of the Accomplishment Instructions
                                                                                                          ■ 1. The authority citation for part 39                in B/E Aerospace Service Bulletin No.
                                                  that is likely to exist or develop on
                                                                                                          continues to read as follows:                          119003–35–011, Rev. 000, dated February 4,
                                                  products identified in this rulemaking
                                                                                                              Authority: 49 U.S.C. 106(g), 40113, 44701.         2015.
                                                  action.
                                                                                                                                                                 (h) Replacement
                                                  Regulatory Findings                                     § 39.13     [Amended]
                                                                                                                                                                    (1) If a PBE pouch is found that does not
                                                    This AD will not have federalism                      ■ 2. The FAA amends § 39.13 by adding                  have an intact vacuum seal during the
                                                  implications under Executive Order                      the following new airworthiness                        inspection required in paragraph (g) of this
                                                  13132. This AD will not have a                                                                                 AD: Before further flight or following existing
                                                                                                          directive (AD):                                        minimum equipment list (MEL) procedures,
                                                  substantial direct effect on the States, on
                                                  the relationship between the national                   2016–11–20 B/E Aerospace: Amendment                    replace the PBE with a PBE, P/N 119003–21,
                                                                                                              39–18547; FAA–2015–2134; Directorate               following paragraphs III.C., III.D.(4), III.D.(6),
                                                  government and the States, or on the                                                                           and III.D.(7) of the Accomplishment
                                                  distribution of power and                                   Identifier 2015–CE–012–AD.
                                                                                                                                                                 Instructions in B/E Aerospace Service
                                                  responsibilities among the various                      (a) Effective Date                                     Bulletin No. 119003–35–009, Rev. 001, dated
                                                  levels of government.                                                                                          April 12, 2016, or replace it with another
                                                                                                              This AD is effective July 15, 2016.
                                                    For the reasons discussed above, I                                                                           FAA-approved serviceable PBE.
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                                                  certify that this AD:                                   (b) Affected ADs                                          (2) If a PBE pouch is found during the
                                                    (1) Is not a ‘‘significant regulatory                                                                        inspection required in paragraph (g) of this
                                                                                                              None.                                              AD where the vacuum seal is intact: Within
                                                  action’’ under Executive Order 12866,
                                                                                                          (c) Applicability                                      18 months after July 15, 2016 (the effective
                                                    (2) Is not a ‘‘significant rule’’ under                                                                      date of this AD), remove PBE, P/N 119003–
                                                  DOT Regulatory Policies and Procedures                    This AD applies to B/E Aerospace                     11, and replace the PBE with PBE, P/N
                                                  (44 FR 11034, February 26, 1979),                       Protective Breathing Equipment (PBE), part             119003–21, following paragraphs III.C.,
                                                    (3) Will not affect intrastate aviation               number (P/N) 119003–11, that is installed on           III.D.(4), III.D.(6), and III.D.(7) of the
                                                  in Alaska, and                                          airplanes.                                             Accomplishment Instructions in B/E



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                                                  37494                Federal Register / Vol. 81, No. 112 / Friday, June 10, 2016 / Rules and Regulations

                                                  Aerospace Service Bulletin No. 119003–35–               202–741–6030, or go to: http://                        6371 STANS, Switzerland; phone: +41
                                                  009, Rev. 001, dated April 12, 2016, or                 www.archives.gov/federal-register/cfr/ibr-             (0)41 619 33 33; fax: +41 (0)41 619 73
                                                  replace it with another FAA-approved                    locations.html.                                        11; email: SupportPC12@pilatus-
                                                  serviceable PBE.
                                                                                                            Issued in Kansas City, Missouri, on May              aircraft.com; internet: http://
                                                  (i) Credit for Actions Done Following                   25, 2016.                                              www.pilatus-aircraft.com. You may
                                                  Previous Service Information                            Pat Mullen,                                            view this referenced service information
                                                     If you performed the replacement action              Acting Manager, Small Airplane Directorate,            at the FAA, Small Airplane Directorate,
                                                  required in paragraphs (h)(1) and (2) of this           Aircraft Certification Service.                        901 Locust, Kansas City, Missouri
                                                  AD before July 15, 2016 (the effective date of          [FR Doc. 2016–13250 Filed 6–9–16; 8:45 am]             64106. For information on the
                                                  this AD) using B/E Aerospace Service                                                                           availability of this material at the FAA,
                                                                                                          BILLING CODE 4910–13–P
                                                  Bulletin No. 119003–35–009, Rev. 000, dated                                                                    call (816) 329–4148. It is also available
                                                  November 9, 2015, you met the requirements
                                                  of those paragraphs of this AD.                                                                                on the Internet at http://
                                                                                                          DEPARTMENT OF TRANSPORTATION                           www.regulations.gov by searching for
                                                  (j) Alternative Methods of Compliance                                                                          Docket No. FAA–2016–5284.
                                                  (AMOCs)                                                 Federal Aviation Administration                        FOR FURTHER INFORMATION CONTACT:
                                                     (1) The Manager, Wichita Aircraft                                                                           Doug Rudolph, Aerospace Engineer,
                                                  Certification Office (ACO), FAA, has the                14 CFR Part 39                                         FAA, Small Airplane Directorate, 901
                                                  authority to approve AMOCs for this AD, if
                                                  requested using the procedures found in 14              [Docket No. FAA–2016–5284; Directorate                 Locust, Room 301, Kansas City,
                                                  CFR 39.19. In accordance with 14 CFR 39.19,             Identifier 2016–CE–006–AD; Amendment                   Missouri 64106; telephone: (816) 329–
                                                  send your request to your principal inspector           39–18550; AD 2016–12–01]                               4059; fax: (816) 329–4090; email:
                                                  or local Flight Standards District Office, as           RIN 2120–AA64                                          doug.rudolph@faa.gov.
                                                  appropriate. If sending information directly                                                                   SUPPLEMENTARY INFORMATION:
                                                  to the manager of the ACO, send it to the               Airworthiness Directives; PILATUS
                                                  attention of the person identified in                                                                          Discussion
                                                                                                          AIRCRAFT LTD. Airplanes
                                                  paragraph (k) of this AD.                                                                                        We issued a notice of proposed
                                                     (2) Before using any approved AMOC,                  AGENCY:  Federal Aviation                              rulemaking (NPRM) to amend 14 CFR
                                                  notify your appropriate principal inspector,            Administration (FAA), Department of
                                                  or lacking a principal inspector, the manager                                                                  part 39 by adding an AD that would
                                                  of the local flight standards district office/
                                                                                                          Transportation (DOT).                                  apply to PILATUS AIRCRAFT LTD.
                                                  certificate holding district office.                    ACTION: Final rule.                                    Models PC–12, PC–12/45, PC–12/47,
                                                                                                                                                                 and PC–12/47E airplanes. The NPRM
                                                  (k) Related Information                                 SUMMARY:   We are adopting a new                       was published in the Federal Register
                                                    For more information about this AD,                   airworthiness directive (AD) for                       on March 28, 2016 (81 FR 17107). The
                                                  contact David Enns, Aerospace Engineer,                 PILATUS AIRCRAFT LTD. Models PC–                       NPRM proposed to correct an unsafe
                                                  Wichita ACO, FAA, 1801 S. Airport Road,                 12, PC–12/45, PC–12/47, and PC–12/
                                                  Room 100, Wichita, Kansas 67209; phone:
                                                                                                                                                                 condition for the specified products and
                                                                                                          47E airplanes. This AD results from                    was based on mandatory continuing
                                                  (316) 946–4147; fax: (316) 946–4107; email:
                                                  david.enns@faa.gov.
                                                                                                          mandatory continuing airworthiness                     airworthiness information (MCAI)
                                                                                                          information (MCAI) issued by an                        originated by an aviation authority of
                                                  (l) Material Incorporated by Reference                  aviation authority of another country to               another country. The MCAI states:
                                                     (1) The Director of the Federal Register             identify and correct an unsafe condition
                                                  approved the incorporation by reference                                                                           Incorrect installations of torlon plates in
                                                                                                          on an aviation product. The MCAI                       the forward lower wing-to-fuselage
                                                  (IBR) of the service information listed in this         describes the unsafe condition as                      attachment were reported on aeroplanes in
                                                  paragraph under 5 U.S.C. 552(a) and 1 CFR               incorrect installation instructions of the             service. Investigation determined that wrong
                                                  part 51.
                                                                                                          torlon plates in the airplane                          torlon plate installation instructions were
                                                     (2) You must use this service information
                                                                                                          maintenance manual resulting in the                    published in June 2007 in Revision (Rev.) 18
                                                  as applicable to do the actions required by
                                                                                                          incorrect installation of the torlon plates            to 27 of the Aircraft Maintenance Manual
                                                  this AD, unless the AD specifies otherwise.
                                                                                                          in the forward wing-to-fuselage                        (AMM) 02049, Data Module (DM) 12–A–57–
                                                     (i) B/E Aerospace Service Bulletin No.
                                                                                                                                                                 00–00A–520A–A and DM 12–A–57–00–00A–
                                                  119003–35–009, Rev. 001, dated April 12,                attachment. We are issuing this AD to                  720A–A, for the PC–12, PC–12/45 and PC–
                                                  2016.                                                   require actions to address the unsafe                  12/47 aeroplanes, and in the initial issue to
                                                     (ii) B/E Aerospace Service Bulletin No.              condition on these products.                           Rev. 10 of AMM 02300, in DM 12–B–57–00–
                                                  119003–35–011, Rev. 000, dated February 4,                                                                     00A–520A–A and DM 12–B–57–00–00A–
                                                                                                          DATES: This AD is effective July 15,
                                                  2015.                                                                                                          720A–A, for PC–12/47E aeroplanes.
                                                     (3) For B/E Aerospace, Inc. service                  2016.
                                                                                                            The Director of the Federal Register                    This condition, if not corrected, could lead
                                                  information identified in this AD, contact B/                                                                  to additional loads at the wing-to-fuselage
                                                  E Aerospace, Inc., 10800 Pflumm Road,                   approved the incorporation by reference                interface, which detrimentally affects the
                                                  Commercial Aircraft Products Group, Lenexa,             of a certain publication listed in the AD              fatigue life of the structural joint.
                                                  Kansas 66215; phone: (913) 338–9800; fax:               as of July 15, 2016.                                      To address this potential unsafe condition,
                                                  (913) 338–8419; Internet:                                                                                      Pilatus issued Service Bulletin (SB) No. 57–
                                                                                                          ADDRESSES: You may examine the AD
                                                  www.beaerospace.com.                                                                                           007 to provide inspection instructions to
                                                     (4) You may view this service information            docket on the Internet at http://
                                                                                                          www.regulations.gov by searching for                   verify the correct installation of torlon plates
                                                  at FAA, Small Airplane Directorate, 901                                                                        in the wing-to-fuselage attachments, and the
                                                  Locust, Kansas City, Missouri 64106. For                and locating Docket No. FAA–2016–                      rectification instructions for incorrect
                                                  information on the availability of this                 5284; or in person at Document                         installed torlon plates.
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                                                  material at the FAA, call (816) 329–4148. It            Management Facility, U.S. Department                      For the reason described above, this AD
                                                  is also available on the Internet at http://            of Transportation, Docket Operations,                  requires a one-time inspection of the forward
                                                  www.regulations.gov by searching for and                M–30, West Building Ground Floor,                      lower wing-to-fuselage attachments, both left
                                                  locating Docket No. FAA–2015–2134.                                                                             hand (LH) and right hand (RH) sides and,
                                                     (5) You may view this service information
                                                                                                          Room W12–140, 1200 New Jersey
                                                                                                          Avenue SE., Washington, DC 20590.                      depending on findings, accomplishment of
                                                  that is incorporated by reference at the                                                                       applicable corrective action(s).
                                                  National Archives and Records                              For service information identified in
                                                  Administration (NARA). For information on               this AD, contact PILATUS AIRCRAFT                      The MCAI can be found in the AD
                                                  the availability of this material at NARA, call         LTD., Customer Support Manager, CH–                    docket on the Internet at: https://


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Document Created: 2018-02-08 07:36:11
Document Modified: 2018-02-08 07:36:11
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis AD is effective July 15, 2016.
ContactDavid 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]
FR Citation81 FR 37492 
RIN Number2120-AA64
CFR AssociatedAir Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety

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