AD 2017-18-12

[Federal Register Volume 82, Number 174 (Monday, September 11, 2017)]
[Rules and Regulations]
[Pages 42589-42592]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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: <a href="http://www.beaerospace.com">www.beaerospace.com</a>. 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and 
locating Docket No. FAA-2017-0439.

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> 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: 
<a href="/cdn-cgi/l/email-protection#87e3e6f1eee3a9e2e9e9f4c7e1e6e6a9e0e8f1"><span class="__cf_email__" data-cfemail="0c686d7a6568226962627f4c6a6d6d226b637a">[email&#160;protected]</span></a>.

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:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
    <bullet> 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: <a href="/cdn-cgi/l/email-protection#98fcf9eef1fcb6fdf6f6ebd8fef9f9b6fff7ee"><span class="__cf_email__" data-cfemail="86e2e7f0efe2a8e3e8e8f5c6e0e7e7a8e1e9f0">[email&#160;protected]</span></a>.

(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: <a href="http://www.beaerospace.com">www.beaerospace.com</a>.
    (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 <a href="http://www.regulations.gov">http://www.regulations.gov</a> 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: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    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