82 FR 42589 - Airworthiness Directives; B/E Aerospace Protective Breathing Equipment Part Number 119003-11 and Part Number 119003-21
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 82, Issue 174 (September 11, 2017)
Federal Aviation Administration
Federal Register Volume 82, Issue 174 (September 11, 2017)
| Page Range | 42589-42592 | |
| FR Document | 2017-18855 |
[Federal Register Volume 82, Number 174 (Monday, September 11, 2017)] [Rules and Regulations] [Pages 42589-42592] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-18855] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2017-0439; Product Identifier 2017-CE-010-AD; Amendment 39-19021; AD 2017-18-12] RIN 2120-AA64 Airworthiness Directives; B/E Aerospace Protective Breathing Equipment Part Number 119003-11 and Part Number 119003-21 AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: We are superseding Airworthiness Directive (AD) 2016-11-20 for certain B/E Aerospace protective breathing equipment (PBE) that is installed on airplanes. AD 2016-11-20 required replacing part number (P/N) 119003-11 PBE units. Since we issued AD 2016-11-20, we received a report that PBE units, P/N 119003-21, within a certain serial number range are made with candle tube material determined to have a low yield strength and may be volatile upon use or disposal. This AD retains the actions required in AD 2016-11-20 and requires inspecting and replacing P/N 119003-11 and 119003-21 PBE units. We are issuing this AD to address the unsafe condition on these products. DATES: This AD is effective October 16, 2017. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of October 16, 2017. The Director of the Federal Register approved the incorporation by reference of certain other publication listed in this AD as of July 15, 2016 (81 FR 37492, June 10, 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 service information at the FAA, Policy and Innovation Division, 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-2017-0439. Examining the AD Docket You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017- 0439; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, 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 ACO Branch, 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 notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to supersede AD 2016-11-20, Amendment 39-18547 (81 FR 37492, June 10, 2016), (``AD 2016-11-20''), for B/E Aerospace protective breathing equipment (PBE), part number (P/N) 119003-11, that is installed on airplanes. The NPRM published in the Federal Register on May 26, 2017 (82 FR 24260). The NPRM was prompted by a report that PBE units, P/N 119003-21, within a certain serial number range are made with candle tube material determined to have a low yield strength and may be volatile upon use or disposal. The NPRM proposed to retain the actions required in AD 2016-11-20 and would require inspecting and replacing P/N 119003-11 and 119003-21 PBE units. We are issuing this AD to correct the unsafe condition on these products. Comments We gave the public the opportunity to participate in developing this AD. The following presents the comments received on the NPRM and the FAA's response to each comment. Request To Include Additional Compliance Method for Paragraph (i) of This AD David White, of NetJets Aviation, requested that the action required in paragraph (i) of this AD for determining the serial number of the installed PBE, P/N 119003-21, also include a maintenance records review. The commenter stated that if the maintenance records are available and the determination can positively be made, this review will save the owners/operators time and money. We agree with the commenter and have changed this AD based on this comment. Request for Clarification of Compliance Time for Paragraph (j) of This AD David White, of NetJets Aviation, requested that the compliance time in paragraph (j) of this AD to be clarified. The commenter stated that paragraph (j) of this AD requires replacement of an affected mask before further flight or following existing minimum equipment list (MEL) procedures, but it does not identify if compliance is required at the earlier or the later of the two thresholds. We do not agree with commenter. The MEL is a document and method airplane operators use to obtain relief from Federal Aviation Regulations that requires all equipment installed on the airplane be operative at the time of flight. It is airplane-specific and spells out which pieces of equipment may be inoperable along with any procedures that are required for an airplane to operate under specific conditions while maintaining airworthiness. The reference to MEL is a reminder that, depending on the airplane and its MEL, it may be acceptable to remove the affected units and continue to operate with a reduced number of PBEs as stated in the specific MEL. The affected units must be removed upon discovery. We have changed this AD based on this comment to make this more clear. Request To Change the Compliance Time in Paragraph (j) of This AD David White, of NetJets Aviation, requested we change the replacement compliance time in paragraph (j) of this AD to match the compliance time in paragraph (i) of this AD, which would allow six months to replace the affected PBE after it is identified by inspection or maintenance records review. The commenter stated that if the request to allow a records review for paragraph (i) of this AD is accepted, then the maintenance records review could be accomplished without access to the airplane and could result in [[Page 42590]] unnecessarily grounding the airplane if a discrepant mask is found during the records review. However, if the compliance time for replacing the affected PBE matches the compliance time for the inspection/maintenance records review, the operators will have flexibility for compliance with paragraph (j). We do not agree with the commenter. Once an airplane has been identified to have an affected PBE installed, it must be removed and replaced before further flight. Once a discrepant PBE has been identified during an inspection or review of records, the unit must be removed before further flight. However, continued operation with fewer than required PBE is permissible if allowed by your MEL. We have not changed this AD based on this comment. Request To Include Revised Service Bulletin B/E Aerospace, Inc. requested that Service Bulletin (SB) 119003-35- 013, Rev. 002, dated July 19, 2017, be incorporated into this AD. The commenter stated that the only change in the B/E Aerospace SB 119003-35-013, Rev. 002, dated July 19, 2017, is the addition of warranty credit. All other information and instructions are the same as those contained in B/E Aerospace SB 119003-35-013, Rev. 001, dated February 24, 2017. We agree with the commenter and have changed this AD based on this comment. Conclusion We reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting this AD with the change described previously. We have determined that these minor changes:Are consistent with the intent that was proposed in the NPRM for correcting the unsafe condition; and Do not add any additional burden upon the public than was already proposed in the NPRM. We also determined that these changes will not increase the economic burden on any operator or increase the scope of this AD. Related Service Information Under 1 CFR Part 51 We reviewed B/E Aerospace SB No. 119003-35-011, Rev. 000, dated February 4, 2015; SB 119003-35-009, Rev. 001, dated April 12, 2016; and SB No. 119003-35-013, Rev. 002, dated July 19, 2017. B/E Aerospace SB 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 SB No. 119003-35-009, Rev. 001, dated April 12, 2016, describes procedures for replacing PBE, P/N 119003-11 with P/N 119003- 21; and B/E Aerospace SB No. 119003-35-013, Rev. 002, dated July 19, 2017, describes procedures for inspecting PBE P/N 119003-21 to determine the serial number and replacing any within the specified serial number range. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section. Differences Between This AD and the Service Information We are not requiring the disposal of the PBE as specified in the related service information because we have determined that owner/ operators use various methods for disposal, which includes returning the PBE to the manufacturer. Therefore, we have not required the use of only one method of disposal. However, given the potential concern with activation of certain PBE units during disposal, we encourage coordination with the manufacturer and awareness of the disposal methods. Costs of Compliance We estimate that this 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 PBE P/N 119003-11 with .5 work-hour x $85 1,510...................... 1,552.50 13,972,500 PBE P/N 119003-21. per hour = $42.50. Inspecting the PBE to determine .5 work-hour x $85 Not applicable............. 42.50 382,500 whether an affected PBE P/N per hour = $42.50. 119003-21 is installed. Maintenance records review to .5 work-hour x $85 Not applicable............. 42.50 382,500 determine whether an affected per hour = $42.50. PBE P/N 119003-21 is installed. ---------------------------------------------------------------------------------------------------------------- We estimate the following costs to replace any affected PBE P/N 119003-21 units that fall within the affected serial number range. We have no way of determining the number of aircraft that might need these repairs/replacements: On-Condition Costs ---------------------------------------------------------------------------------------------------------------- Cost per Action Labor cost Parts cost product ---------------------------------------------------------------------------------------------------------------- Replacement of PBE P/N 119003-21........... .5 work-hour x $85 per hour = $1,510 $1,552.50 $42.50. ---------------------------------------------------------------------------------------------------------------- The cost difference between AD 2016-11-20 and this AD is the cost of inspecting for serial number determination and replacing the affected serial numbers. This part of the AD could potentially affect 2,070 PBE units. According to the manufacturer, some of the costs of this AD may be covered under warranty, thereby reducing the cost impact on affected individuals. We do not control warranty coverage for affected individuals. As a result, we have included all costs in our cost estimate. [[Page 42591]] 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. This AD is issued in accordance with authority delegated by the Executive Director, Aircraft Certification Service, as authorized by FAA Order 8000.51C. In accordance with that order, issuance of ADs is normally a function of the Compliance and Airworthiness Division, but during this transition period, the Executive Director has delegated the authority to issue ADs applicable to small airplanes and domestic business jet transport airplanes to the Director of the Policy and Innovation Division. Regulatory Findings We have determined that 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 removing Airworthiness Directive (AD) 2016-11-20, Amendment 39-18547 (81 FR 37492, June 10, 2016), and adding the following new AD: 2017-18-12 B/E Aerospace: Amendment 39-19021; Docket No. FAA-2017- 0439; Product Identifier 2017-CE-010-AD. (a) Effective Date This AD is effective October 16, 2017. (b) Affected ADs This AD replaces AD 2016-11-20, Amendment 39-18547 (81 FR 37492, June 10, 2016), (``AD 2016-11-20''). (c) Applicability This AD applies to B/E Aerospace Protective Breathing Equipment (PBE), part numbers (P/N) 119003-11 and 119003-21, that are installed on airplanes. (d) Subject Joint Aircraft System Component (JASC)/Air Transport Association (ATA) of America Code 35; Oxygen. (e) Unsafe Condition AD 2016-11-20 was prompted by a report of a PBE unit, P/N 119003-11, catching fire upon activation by a crewmember. This AD was prompted by a report that PBE units, P/N 119003-21, within a certain serial number range are made with candle tube material determined to have a low yield strength and may be volatile upon use or disposal. We are issuing this AD to correct the unsafe condition on these products. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Inspection Retained From AD 2016-11-20 for Airplanes With PBE, P/N 119003-11, Installed Within 3 months after July 15, 2016 (the effective date of AD 2016-11-20), while still in the stowage box, physically inspect the PBE pouch to determine if it has an intact vacuum seal. Do this inspection following paragraph III.A.(1) of the Accomplishment Instructions in B/E Aerospace Service Bulletin (SB) No. 119003-35- 011, Rev. 000, dated February 4, 2015. (h) Replacement Retained From AD 2016-11-20 for Airplanes With PBE, P/N 119003-11, Installed (1) During the inspection required in paragraph (g) of this AD, if a PBE pouch is found that does not have an intact vacuum seal, before further flight, replace the PBE with a PBE unit, P/N 119003- 21 that is not within the serial number (S/N) range 004-14768M through 004-21093M or 004-02393M through 004-03033M, following paragraphs III.C., III.D.(4), III.D.(6), and III.D.(7) of the Accomplishment Instructions in B/E Aerospace SB No. 119003-35-009, Rev. 001, dated April 12, 2016, or replace it with another FAA- approved PBE installation. (2) During the inspection required in paragraph (g) of this AD, if a PBE pouch is found where the vacuum seal is intact, within 18 months after July 15, 2016 (the effective date of AD 2016-11-20), remove PBE, P/N 119003-11, and replace it with a PBE, P/N 119003-21 that is not within the S/N range 004-14768M through 004-21093M or 004-02393M through 004-03033M, following paragraphs III.C., III.D.(4), III.D.(6), and III.D.(7) of the Accomplishment Instructions in B/E Aerospace SB No. 119003-35-009, Rev. 001, dated April 12, 2016, or replace it with another FAA-approved PBE installation. (3) Once a discrepant PBE has been identified during an inspection or review of records, the unit must be removed before further flight. However, continued operation with fewer than required PBE is permissible if allowed by your MEL. (i) New Inspection for Airplanes With PBE, P/N 119003-21, Installed Within 6 months after October 16, 2017 (the effective date of this AD), inspect to determine if the S/N of the installed PBE, P/N 119003-21, is within the range of 004-14768M through 004-21093M or 004-02393M through 004-03033M. Do the inspection following paragraph III.A of the Accomplishment Instructions in B/E Aerospace SB No. 119003-35-013, Rev. 002, dated July 19, 2017. (1) Instead of the inspection, you may do a maintenance records review, to determine the S/N of the installed PBE, P/N 119003-21. (2) If you choose to do the maintenance records review and you can positively determine that the S/N of the installed PBE, P/N 119003-21, is within the range of 004-14768M through 004-21093M or 004-02393M through 004-03033M, continue to the replacement requirement in paragraph (j) of this AD. (3) If you choose to do the maintenance records review and you cannot positively determine that the S/N of the installed PBE, P/N 119003-21, is within the range of 004-14768M through 004-21093M or 004-02393M through 004-03033M, then you must either go back and do the inspection specified in paragraph (i) of this AD to determine if the replacement in paragraph (j) of this AD is necessary or do the replacement in paragraph (j) of this AD. (j) New Replacement for Airplanes With PBE, P/N 119003-21, Installed During the inspection or the maintenance records review required in paragraph (i) of [[Page 42592]] this AD, if it is found that the PBE, P/N 119003-21, is within the S/N range specified in paragraph (i) of this AD, before further flight, remove the PBE and replace it with a PBE, P/N 119003-21, that does not have a S/N 004-14768M through 004-21093M or 004-02393M through 004-03033M. Do this replacement following paragraphs III.C., III.D.(4), III.D.(6), and III.D.(7) of the Accomplishment Instructions in B/E Aerospace SB No. 119003-35-013, Rev. 002, dated July 19, 2017, or replace it with another FAA-approved PBE installation. Once a discrepant PBE has been identified during an inspection or review of records, the unit must be removed before further flight. However, continued operation with fewer than required PBE is permissible if allowed by your MEL. (k) Prohibited Installation As of October 16, 2017 (the effective date of this AD), do not install a PBE, P/N 119003-21, that has a S/N within the range of 004-14768M through 004-21093M or 004-02393M through 004-03033M. (l) Credit for Actions Done Following Previous Service Information If you performed the inspection and replacement action required in paragraphs (i) and (j) of this AD before October 16, 2017 (the effective date of this AD) using B/E Aerospace SB No. 119003-35-013, Rev. 000, dated January 9, 2017, or B/E Aerospace SB No. 119003-35- 013, Rev. 001, dated February 24, 2017, you have met the requirements of those paragraphs of this AD. (m) Alternative Methods of Compliance (AMOCs) (1) The Manager, Wichita ACO Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the ACO, send it to the attention of the person identified in paragraph (n)(1) of this AD. (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. (n) Related Information For more information about this AD, contact David Enns, Aerospace Engineer, Wichita ACO Branch, FAA, 1801 S. Airport Road, Room 100, Wichita, Kansas 67209; phone: (316) 946-4147; fax: (316) 946-4107; email: [email protected]. (o) 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 this AD specifies otherwise. (3) The following service information was approved for IBR on October 16, 2017. (i) B/E Aerospace Service Bulletin No. 119003-35-013, Rev. 002, dated July 19, 2017. (ii) Reserved (4) The following service information was approved for IBR on July 15, 2016 (81 FR 37492, June 10, 2016). (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. (5) For service information identified in this AD, contact 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. (6) You may view this service information at FAA, Policy and Innovation Division, 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- 2017-0439. (7) 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 August 30, 2017. Melvin Johnson, Deputy Director, Policy and Innovation Division, Aircraft Certification Service. [FR Doc. 2017-18855 Filed 9-8-17; 8:45 am] BILLING CODE 4910-13-P
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Issued in Kansas City, Missouri, on August For information on the availability of Request To Include Additional
29, 2017. this material at the FAA, call (816) 329– Compliance Method for Paragraph (i) of
Melvin Johnson, 4148. It is also available on the internet This AD
Deputy Director, Policy and Innovation at http://www.regulations.gov by David White, of NetJets Aviation,
Division, Aircraft Certification Service. searching for and locating Docket No. requested that the action required in
[FR Doc. 2017–18908 Filed 9–8–17; 8:45 am] FAA–2017–0439. paragraph (i) of this AD for determining
BILLING CODE 4910–13–P the serial number of the installed PBE,
Examining the AD Docket
P/N 119003–21, also include a
You may examine the AD docket on maintenance records review.
DEPARTMENT OF TRANSPORTATION the Internet at http:// The commenter stated that if the
Federal Aviation Administration www.regulations.gov by searching for maintenance records are available and
and locating Docket No. FAA–2017– the determination can positively be
14 CFR Part 39 0439; or in person at the Docket made, this review will save the owners/
Management Facility between 9 a.m. operators time and money.
[Docket No. FAA–2017–0439; Product and 5 p.m., Monday through Friday, We agree with the commenter and
Identifier 2017–CE–010–AD; Amendment except Federal holidays. The AD docket have changed this AD based on this
39–19021; AD 2017–18–12]
contains this final rule, the regulatory comment.
RIN 2120–AA64 evaluation, any comments received, and
Request for Clarification of Compliance
other information. The address for the
Airworthiness Directives; B/E Time for Paragraph (j) of This AD
Docket Office (phone: 800–647–5527) is
Aerospace Protective Breathing Document Management Facility, U.S. David White, of NetJets Aviation,
Equipment Part Number 119003–11 Department of Transportation, Docket requested that the compliance time in
and Part Number 119003–21 Operations, M–30, West Building paragraph (j) of this AD to be clarified.
Ground Floor, Room W12–140, 1200 The commenter stated that paragraph
AGENCY: Federal Aviation
New Jersey Avenue SE., Washington, (j) of this AD requires replacement of an
Administration (FAA), DOT.
DC 20590. affected mask before further flight or
ACTION: Final rule. following existing minimum equipment
FOR FURTHER INFORMATION CONTACT: list (MEL) procedures, but it does not
SUMMARY: We are superseding David Enns, Aerospace Engineer,
Airworthiness Directive (AD) 2016–11– identify if compliance is required at the
Wichita ACO Branch, FAA, 1801 S. earlier or the later of the two thresholds.
20 for certain B/E Aerospace protective Airport Road, Room 100, Wichita,
breathing equipment (PBE) that is We do not agree with commenter. The
Kansas 67209; phone: (316) 946–4147; MEL is a document and method
installed on airplanes. AD 2016–11–20 fax: (316) 946–4107; email: david.enns@
required replacing part number (P/N) airplane operators use to obtain relief
faa.gov. from Federal Aviation Regulations that
119003–11 PBE units. Since we issued
AD 2016–11–20, we received a report SUPPLEMENTARY INFORMATION: requires all equipment installed on the
that PBE units, P/N 119003–21, within airplane be operative at the time of
Discussion flight. It is airplane-specific and spells
a certain serial number range are made
with candle tube material determined to out which pieces of equipment may be
We issued a notice of proposed inoperable along with any procedures
have a low yield strength and may be rulemaking (NPRM) to amend 14 CFR
volatile upon use or disposal. This AD that are required for an airplane to
part 39 to supersede AD 2016–11–20, operate under specific conditions while
retains the actions required in AD 2016– Amendment 39–18547 (81 FR 37492,
11–20 and requires inspecting and maintaining airworthiness. The
June 10, 2016), (‘‘AD 2016–11–20’’), for reference to MEL is a reminder that,
replacing P/N 119003–11 and 119003– B/E Aerospace protective breathing
21 PBE units. We are issuing this AD to depending on the airplane and its MEL,
equipment (PBE), part number (P/N) it may be acceptable to remove the
address the unsafe condition on these 119003–11, that is installed on
products. affected units and continue to operate
airplanes. The NPRM published in the with a reduced number of PBEs as
DATES: This AD is effective October 16, Federal Register on May 26, 2017 (82 stated in the specific MEL. The affected
2017. FR 24260). The NPRM was prompted by units must be removed upon discovery.
The Director of the Federal Register a report that PBE units, P/N 119003–21, We have changed this AD based on
approved the incorporation by reference within a certain serial number range are this comment to make this more clear.
of a certain publication listed in this AD made with candle tube material
as of October 16, 2017. determined to have a low yield strength Request To Change the Compliance
The Director of the Federal Register and may be volatile upon use or Time in Paragraph (j) of This AD
approved the incorporation by reference disposal. The NPRM proposed to retain David White, of NetJets Aviation,
of certain other publication listed in this the actions required in AD 2016–11–20 requested we change the replacement
AD as of July 15, 2016 (81 FR 37492, and would require inspecting and compliance time in paragraph (j) of this
June 10, 2016). replacing P/N 119003–11 and 119003– AD to match the compliance time in
ADDRESSES: For service information 21 PBE units. We are issuing this AD to paragraph (i) of this AD, which would
identified in this final rule, contact B/ correct the unsafe condition on these allow six months to replace the affected
asabaliauskas on DSKBBXCHB2PROD with RULES
E Aerospace, Inc., Commercial Aircraft products. PBE after it is identified by inspection
Products Group, 10800 Pflumm Road, Comments or maintenance records review.
Lenexa, Kansas 66215; phone: (913) The commenter stated that if the
338–9800; fax: (913) 338–8419; Internet: We gave the public the opportunity to request to allow a records review for
www.beaerospace.com. You may view participate in developing this AD. The paragraph (i) of this AD is accepted,
this service information at the FAA, following presents the comments then the maintenance records review
Policy and Innovation Division, 901 received on the NPRM and the FAA’s could be accomplished without access
Locust, Kansas City, Missouri 64106. response to each comment. to the airplane and could result in
VerDate Sep<11>2014 15:54 Sep 08, 2017 Jkt 241001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\11SER1.SGM 11SER1](https://thefederalregister.org/doc/82_FR_42763/page/1.svg)
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Authority for This Rulemaking Adoption of the Amendment (h) Replacement Retained From AD 2016–
11–20 for Airplanes With PBE, P/N 119003–
Title 49 of the United States Code Accordingly, under the authority 11, Installed
specifies the FAA’s authority to issue delegated to me by the Administrator, (1) During the inspection required in
rules on aviation safety. Subtitle I, the FAA amends 14 CFR part 39 as paragraph (g) of this AD, if a PBE pouch is
Section 106, describes the authority of follows: found that does not have an intact vacuum
the FAA Administrator. Subtitle VII, seal, before further flight, replace the PBE
Aviation Programs, describes in more PART 39—AIRWORTHINESS with a PBE unit, P/N 119003–21 that is not
detail the scope of the Agency’s DIRECTIVES within the serial number (S/N) range 004–
authority. 14768M through 004–21093M or 004–
We are issuing this rulemaking under 02393M through 004–03033M, following
■ 1. The authority citation for part 39 paragraphs III.C., III.D.(4), III.D.(6), and
the authority described in Subtitle VII, continues to read as follows: III.D.(7) of the Accomplishment Instructions
Part A, Subpart III, section 44701, in B/E Aerospace SB No. 119003–35–009,
‘‘General requirements.’’ Under that Authority: 49 U.S.C. 106(g), 40113, 44701.
Rev. 001, dated April 12, 2016, or replace it
section, Congress charges the FAA with § 39.13 [Amended] with another FAA-approved PBE installation.
promoting safe flight of civil aircraft in (2) During the inspection required in
air commerce by prescribing regulations ■ 2. The FAA amends § 39.13 by paragraph (g) of this AD, if a PBE pouch is
for practices, methods, and procedures removing Airworthiness Directive (AD) found where the vacuum seal is intact,
within 18 months after July 15, 2016 (the
the Administrator finds necessary for 2016–11–20, Amendment 39–18547 (81
effective date of AD 2016–11–20), remove
safety in air commerce. This regulation FR 37492, June 10, 2016), and adding PBE, P/N 119003–11, and replace it with a
is within the scope of that authority the following new AD: PBE, P/N 119003–21 that is not within the S/
because it addresses an unsafe condition 2017–18–12 B/E Aerospace: Amendment N range 004–14768M through 004–21093M
that is likely to exist or develop on 39–19021; Docket No. FAA–2017–0439; or 004–02393M through 004–03033M,
products identified in this rulemaking Product Identifier 2017–CE–010–AD. following paragraphs III.C., III.D.(4), III.D.(6),
action. and III.D.(7) of the Accomplishment
This AD is issued in accordance with (a) Effective Date Instructions in B/E Aerospace SB No.
This AD is effective October 16, 2017. 119003–35–009, Rev. 001, dated April 12,
authority delegated by the Executive 2016, or replace it with another FAA-
Director, Aircraft Certification Service, (b) Affected ADs approved PBE installation.
as authorized by FAA Order 8000.51C. (3) Once a discrepant PBE has been
This AD replaces AD 2016–11–20,
In accordance with that order, issuance identified during an inspection or review of
Amendment 39–18547 (81 FR 37492, June
of ADs is normally a function of the records, the unit must be removed before
10, 2016), (‘‘AD 2016–11–20’’). further flight. However, continued operation
Compliance and Airworthiness
Division, but during this transition (c) Applicability with fewer than required PBE is permissible
if allowed by your MEL.
period, the Executive Director has This AD applies to B/E Aerospace
delegated the authority to issue ADs Protective Breathing Equipment (PBE), part (i) New Inspection for Airplanes With PBE,
applicable to small airplanes and numbers (P/N) 119003–11 and 119003–21, P/N 119003–21, Installed
domestic business jet transport that are installed on airplanes. Within 6 months after October 16, 2017
airplanes to the Director of the Policy (d) Subject (the effective date of this AD), inspect to
and Innovation Division. determine if the S/N of the installed PBE, P/
Joint Aircraft System Component (JASC)/ N 119003–21, is within the range of 004–
Regulatory Findings Air Transport Association (ATA) of America 14768M through 004–21093M or 004–
Code 35; Oxygen. 02393M through 004–03033M. Do the
We have determined that this AD will inspection following paragraph III.A of the
not have federalism implications under (e) Unsafe Condition Accomplishment Instructions in B/E
Executive Order 13132. This AD will AD 2016–11–20 was prompted by a report Aerospace SB No. 119003–35–013, Rev. 002,
not have a substantial direct effect on of a PBE unit, P/N 119003–11, catching fire dated July 19, 2017.
the States, on the relationship between upon activation by a crewmember. This AD (1) Instead of the inspection, you may do
the national government and the States, was prompted by a report that PBE units, P/ a maintenance records review, to determine
or on the distribution of power and N 119003–21, within a certain serial number the S/N of the installed PBE, P/N 119003–21.
range are made with candle tube material (2) If you choose to do the maintenance
responsibilities among the various records review and you can positively
levels of government. determined to have a low yield strength and
may be volatile upon use or disposal. We are determine that the S/N of the installed PBE,
For the reasons discussed above, I P/N 119003–21, is within the range of 004–
issuing this AD to correct the unsafe
certify that this AD: 14768M through 004–21093M or 004–
condition on these products.
(1) Is not a ‘‘significant regulatory 02393M through 004–03033M, continue to
action’’ under Executive Order 12866, (f) Compliance the replacement requirement in paragraph (j)
(2) Is not a ‘‘significant rule’’ under Comply with this AD within the of this AD.
DOT Regulatory Policies and Procedures (3) If you choose to do the maintenance
compliance times specified, unless already
records review and you cannot positively
(44 FR 11034, February 26, 1979), done.
determine that the S/N of the installed PBE,
(3) Will not affect intrastate aviation (g) Inspection Retained From AD 2016–11– P/N 119003–21, is within the range of 004–
in Alaska, and 20 for Airplanes With PBE, P/N 119003–11, 14768M through 004–21093M or 004–
(4) Will not have a significant Installed 02393M through 004–03033M, then you must
economic impact, positive or negative, either go back and do the inspection
asabaliauskas on DSKBBXCHB2PROD with RULES
Within 3 months after July 15, 2016 (the specified in paragraph (i) of this AD to
on a substantial number of small entities effective date of AD 2016–11–20), while still
under the criteria of the Regulatory determine if the replacement in paragraph (j)
in the stowage box, physically inspect the of this AD is necessary or do the replacement
Flexibility Act. PBE pouch to determine if it has an intact in paragraph (j) of this AD.
List of Subjects in 14 CFR Part 39 vacuum seal. Do this inspection following
paragraph III.A.(1) of the Accomplishment (j) New Replacement for Airplanes With
Air transportation, Aircraft, Aviation Instructions in B/E Aerospace Service PBE, P/N 119003–21, Installed
safety, Incorporation by reference, Bulletin (SB) No. 119003–35–011, Rev. 000, During the inspection or the maintenance
Safety. dated February 4, 2015. records review required in paragraph (i) of
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![42592 Federal Register / Vol. 82, No. 174 / Monday, September 11, 2017 / Rules and Regulations
this AD, if it is found that the PBE, P/N (i) B/E Aerospace Service Bulletin No. operators; persons exercising the
119003–21, is within the S/N range specified 119003–35–013, Rev. 002, dated July 19, privileges of an airman certificate issued
in paragraph (i) of this AD, before further 2017. by the FAA, except such persons
flight, remove the PBE and replace it with a (ii) Reserved
(4) The following service information was
operating a U.S.-registered aircraft for a
PBE, P/N 119003–21, that does not have a S/
N 004–14768M through 004–21093M or 004– approved for IBR on July 15, 2016 (81 FR foreign air carrier; and operators of U.S.-
02393M through 004–03033M. Do this 37492, June 10, 2016). registered civil aircraft, except where
replacement following paragraphs III.C., (i) B/E Aerospace Service Bulletin No. the operator is a foreign air carrier. The
III.D.(4), III.D.(6), and III.D.(7) of the 119003–35–009, Rev. 001, dated April 12, FAA inadvertently failed to include an
Accomplishment Instructions in B/E 2016. Amendment Number for that final rule.
Aerospace SB No. 119003–35–013, Rev. 002, (ii) B/E Aerospace Service Bulletin No. This document corrects that error.
dated July 19, 2017, or replace it with 119003–35–011, Rev. 000, dated February 4,
DATES: This final rule is effective on
another FAA-approved PBE installation. 2015.
(5) For service information identified in September 11, 2017.
Once a discrepant PBE has been identified
during an inspection or review of records, the this AD, contact B/E Aerospace, Inc. service FOR FURTHER INFORMATION CONTACT:
unit must be removed before further flight. information identified in this AD, contact B/ Michael Filippell or Will Gonzalez, Air
However, continued operation with fewer E Aerospace, Inc., 10800 Pflumm Road, Transportation Division, AFS–220,
than required PBE is permissible if allowed Commercial Aircraft Products Group, Lenexa, Flight Standards Service, Federal
by your MEL. Kansas 66215; phone: (913) 338–9800; fax: Aviation Administration, 800
(913) 338–8419; Internet:
(k) Prohibited Installation www.beaerospace.com.
Independence Avenue SW.,
(6) You may view this service information Washington, DC 20591; telephone: 202–
As of October 16, 2017 (the effective date
at FAA, Policy and Innovation Division, 901 267–8166; email: michael.e.filippell@
of this AD), do not install a PBE, P/N
119003–21, that has a S/N within the range Locust, Kansas City, Missouri 64106. For faa.gov or will.gonzalez@faa.gov.
of 004–14768M through 004–21093M or 004– information on the availability of this SUPPLEMENTARY INFORMATION:
02393M through 004–03033M. material at the FAA, call (816) 329–4148. It
is also available on the internet at http:// Background
(l) Credit for Actions Done Following www.regulations.gov by searching for and On August 29, 2017, the FAA
Previous Service Information locating Docket No. FAA–2017–0439.
published a final rule entitled,
If you performed the inspection and (7) You may view this service information
that is incorporated by reference at the ‘‘Prohibition Against Certain Flights in
replacement action required in paragraphs (i)
National Archives and Records the Damascus (OSTT) Flight
and (j) of this AD before October 16, 2017
(the effective date of this AD) using B/E Administration (NARA). For information on Information Region (FIR).’’ In that final
Aerospace SB No. 119003–35–013, Rev. 000, the availability of this material at NARA, call rule, which became effective August 29,
dated January 9, 2017, or B/E Aerospace SB 202–741–6030, or go to: http:// 2017, the FAA amended 14 CFR part 91.
No. 119003–35–013, Rev. 001, dated www.archives.gov/federal-register/cfr/ibr- The FAA inadvertently failed to include
February 24, 2017, you have met the locations.html. an amendment number for part 91 in the
requirements of those paragraphs of this AD. Issued in Kansas City, Missouri, on August heading information of the final rule.
(m) Alternative Methods of Compliance 30, 2017. The correct amendment number is 91–
(AMOCs) Melvin Johnson, 348.
(1) The Manager, Wichita ACO Branch, Deputy Director, Policy and Innovation Correction
FAA, has the authority to approve AMOCs Division, Aircraft Certification Service.
for this AD, if requested using the procedures [FR Doc. 2017–18855 Filed 9–8–17; 8:45 am] In the final rule, FR Doc No: 2017–
found in 14 CFR 39.19. In accordance with BILLING CODE 4910–13–P
18322, published on August 29, 2017, at
14 CFR 39.19, send your request to your 82 FR 40944 make the following
principal inspector or local Flight Standards correction:
District Office, as appropriate. If sending DEPARTMENT OF TRANSPORTATION 1. On page 40944 in the heading of
information directly to the manager of the the final rule, revise ‘‘Amdt. No. 91–?’’
ACO, send it to the attention of the person Federal Aviation Administration to read as ‘‘Amdt. No. 91–348’’.
identified in paragraph (n)(1) of this AD.
(2) Before using any approved AMOC, Issued in Washington, DC, under the
notify your appropriate principal inspector, 14 CFR Part 91 authority provided by 49 U.S.C. 106(f), on
or lacking a principal inspector, the manager August 29, 2017.
[Docket No. FAA–2017–0768; Amdt. No. 91–
of the local flight standards district office/ 348A] Lirio Liu,
certificate holding district office. Director, Office of Rulemaking.
RIN 2120–AL07
(n) Related Information [FR Doc. 2017–19165 Filed 9–8–17; 8:45 am]
For more information about this AD, Prohibition Against Certain Flights in BILLING CODE 4910–13–P
contact David Enns, Aerospace Engineer, the Damascus (OSTT) Flight
Wichita ACO Branch, FAA, 1801 S. Airport Information Region (FIR); Correction
Road, Room 100, Wichita, Kansas 67209; DEPARTMENT OF TRANSPORTATION
phone: (316) 946–4147; fax: (316) 946–4107; AGENCY: Federal Aviation
email: david.enns@faa.gov. Administration (FAA), Department of Federal Aviation Administration
Transportation (DOT).
(o) Material Incorporated by Reference
ACTION: Final rule; correction. 14 CFR Part 97
(1) The Director of the Federal Register
asabaliauskas on DSKBBXCHB2PROD with RULES
approved the incorporation by reference SUMMARY: The FAA is correcting a final [Docket No. 31150; Amdt. No. 3761]
(IBR) of the service information listed in this rule published on August 29, 2017. In
paragraph under 5 U.S.C. 552(a) and 1 CFR Standard Instrument Approach
that final rule, which became effective Procedures, and Takeoff Minimums
part 51.
(2) You must use this service information on the date of publication, the FAA and Obstacle Departure Procedures;
as applicable to do the actions required by reissued a prohibition of certain flight Miscellaneous Amendments
this AD, unless this AD specifies otherwise. operations in the Damascus (OSTT)
(3) The following service information was Flight Information Region (FIR) by all AGENCY:Federal Aviation
approved for IBR on October 16, 2017. U.S. air carriers; U.S. commercial Administration (FAA), DOT.
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Document Created: 2017-09-09 00:03:42
Document Modified: 2017-09-09 00:03:42
| 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 | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This AD is effective October 16, 2017. | |
| Contact | David Enns, Aerospace Engineer, Wichita ACO Branch, FAA, 1801 S. Airport Road, Room 100, Wichita, Kansas 67209; phone: (316) 946-4147; fax: (316) 946-4107; email: [email protected] | |
| FR Citation | 82 FR 42589 | |
| RIN Number | 2120-AA64 | |
| CFR Associated | Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety |
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