432 Federal Register / Vol. 76, No. 3 / Wednesday, January 5, 2011 / Rules and Regulations 

1,000 flight cycles after doing the blend out, 

do an HFEC inspection of the blend out on 

the center section rib hinge bearing lug; in 

accordance with the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

MD90–55A016, Revision 1, dated February 

17, 2010. Repeat the HFEC inspection of the 

blend out thereafter at intervals not to exceed 

400 flight cycles until the replacement 

specified by paragraph (j) is done. 

(j) If any cracking is detected during any 

inspection required by paragraph (i) of this 

AD, before further flight, replace the 

horizontal stabilizer center section rib with a 

new horizontal stabilizer center section rib, 

in accordance with the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

MD90–55A016, Revision 1, dated February 

17, 2010. 

(k) If during any inspection required by 

paragraph (g) or (h) of this AD, any crack is 

found having a length between Points ‘A’ and 

‘B’ greater than 0.15 inch or crack length 

between Points ‘C’ and ‘D’ greater than 0.05 

inch, as identified in Boeing Alert Service 

Bulletin MD90–55A016, Revision 1, dated 

February 17, 2010: Before further flight, 

replace the horizontal stabilizer center 

section rib with a new horizontal stabilizer 

center section rib, in accordance with the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin MD90–55A016, Revision 1, 

dated February 17, 2010. 

(l) For any airplane having a horizontal 

stabilizer center section rib replaced during 

the actions required by paragraph (j) or (k) of 

this AD: Before the accumulation of 7,200 

total flight cycles on the new horizontal 

stabilizer center section rib, do the actions 

required by paragraph (g) of this AD, and do 

all applicable actions specified in paragraphs 

(h), (i), (j), and (k) of this AD. 

Credit for Actions Accomplished According 

to Previous Issue of Service Bulletin 

(m) Actions accomplished before the 

effective date of this AD according to Boeing 

Alert Service Bulletin MD90–55A016, dated 

December 16, 2009, are considered 

acceptable for compliance with the 

corresponding actions required by 

paragraphs (g), (h), (i), (j), and (k) of this AD. 

Exception to the Service Bulletin 

(n) Where Boeing Alert Service Bulletin 

MD90–55A016, Revision 1, dated February 

17, 2010, specifies a compliance time ‘‘after 

the original issue date on the service 

bulletin,’’ this AD requires compliance within 

the specified compliance time after the 

effective date of this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(o)(1) The Manager, Los Angeles 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. Send information to ATTN: Roger 

Durbin, Aerospace Engineer, Airframe 

Branch, ANM–120L, FAA, Los Angeles ACO, 

3960 Paramount Boulevard, Lakewood, 

California 90712–4137; telephone (562) 627– 

5233; fax (562) 627–5210. 

(2) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Before using any approved AMOC on 

any airplane to which the AMOC applies, 

notify your principal maintenance inspector 

(PMI) or principal avionics inspector (PAI), 

as appropriate, or lacking a principal 

inspector, your local Flight Standards District 

Office. The AMOC approval letter must 

specifically reference this AD. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required by this AD if it is approved by the 

Boeing Commercial Airplanes Organization 

Designation Authorization (ODA) that has 

been authorized by the Manager, Los Angeles 

ACO to make those findings. For a repair 

method to be approved, the repair must meet 

the certification basis of the airplane, and the 

approval must specifically refer to this AD. 

Related Information 

(p) For more information about this AD, 

contact Roger Durbin, Aerospace Engineer, 

Airframe Branch, ANM–120L, FAA, Los 

Angeles ACO, 3960 Paramount Boulevard, 

Lakewood, California 90712–4137; telephone 

(562) 627–5233; fax (562) 627–5210. 

Material Incorporated by Reference 

(q) You must use Boeing Alert Service 

Bulletin MD90–55A016, Revision 1, dated 

February 17, 2010, to do the actions required 

by this AD, unless the AD specifies 

otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

Boeing Alert Service Bulletin MD90–55A016, 

Revision 1, dated February 17, 2010, under 

5 U.S.C. 552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, 3855 Lakewood Boulevard, MC 

D800–0019, Long Beach, California 90846– 

0001; telephone 206–544–5000, extension 2; 

fax 206–766–5683; e-mail 

dse.boecom@boeing.com; Internet https:// 

www.myboeingfleet.com. 

(3) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221. 

(4) You may also review copies of the 

service information that is incorporated by 

reference at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at an NARA facility, call 202–741– 

6030, or go to http://www.archives.gov/

federal_register/code_of_federal_regulations/

ibr_locations.html. 

Issued in Renton, Washington, on 

December 22, 2010. 

Jeffrey E. Duven, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–32993 Filed 1–4–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0952; Directorate 

Identifier 2010–NM–131–AD; Amendment 

39–16555; AD 2011–01–02] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A330–201, –202, –203, –223, and –243 

Airplanes; Airbus Model A330–300 

Series Airplanes; and Airbus Model 

A340–200 and –300 Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD results 

from mandatory continuing 

airworthiness information (MCAI) 

originated by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

[T]he FAA published SFAR 88 (Special 

Federal Aviation Regulation 88). 

By mail referenced 04/00/02/07/01–L296 

of March 4th, 2002 and 04/00/02/07/03–L024 

of February 3rd, 2003 the JAA [Joint Aviation 

Authorities] recommended to the National 

Aviation Authorities (NAA) the application 

of a similar regulation. 

The aim of this regulation is to require 

* * * a definition review against explosion 

hazards. 

* * * * * 

Failure of the auxiliary power unit 

(APU) bleed leak detection system could 

result in overheat of the fuel tank 

located in the horizontal stabilizer and 

ignition of the fuel vapors in that tank, 

which could result in a fuel tank 

explosion and consequent loss of the 

airplane. We are issuing this AD to 

require actions to correct the unsafe 

condition on these products. 

DATES: This AD becomes effective 

February 9, 2011. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of February 9, 2011. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at the 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC. 

FOR FURTHER INFORMATION CONTACT: 

Vladimir Ulyanov, Aerospace Engineer, 

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International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–1138; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on October 1, 2010 (75 FR 

60655). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The MCAI states: 

[T]he FAA published SFAR 88 (Special 

Federal Aviation Regulation 88). 

By mail referenced 04/00/02/07/01–L296 

of March 4th, 2002 and 04/00/02/07/03–L024 

of February 3rd, 2003 the JAA [Joint Aviation 

Authorities] recommended to the National 

Aviation Authorities (NAA) the application 

of a similar regulation. 

The aim of this regulation is to require all 

holders of type certificates for transport 

aircraft certified after 01 January 1958 with 

a capacity of 30 passengers or more, or a 

payload of 3 402 kg or more, to carry out a 

definition review against explosion hazards. 

To be compliant with SFAR88/JAA INT/ 

POL 25/12 requirements, this AD requires the 

installation of the updated FWC [flight 

warning computer] software standard which 

ensures correct operation of the APU bleed 

leak detection system before each flight. 

Failure of the auxiliary power unit 

(APU) bleed leak detection system could 

result in overheat of the fuel tank 

located in the horizontal stabilizer and 

ignition of the fuel vapors in that tank, 

which could result in a fuel tank 

explosion and consequent loss of the 

airplane. You may obtain further 

information by examining the MCAI in 

the AD docket. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

received no comments on the NPRM or 

on the determination of the cost to the 

public. 

Conclusion 

We reviewed the available data and 

determined that air safety and the 

public interest require adopting the AD 

as proposed. 

Differences Between This AD and the 

MCAI or Service Information 

We have reviewed the MCAI and 

related service information and, in 

general, agree with their substance. But 

we might have found it necessary to use 

different words from those in the MCAI 

to ensure the AD is clear for U.S. 

operators and is enforceable. In making 

these changes, we do not intend to differ 

substantively from the information 

provided in the MCAI and related 

service information. 

We might also have required different 

actions in this AD from those in the 

MCAI in order to follow our FAA 

policies. Any such differences are 

highlighted in a Note within the AD. 

Costs of Compliance 

We estimate that this AD will affect 

53 products of U.S. registry. We also 

estimate that it will take about 5 workhours per product to comply with the 

basic requirements of this AD. The 

average labor rate is $85 per work-hour. 

Required parts will cost about $0 per 

product. Where the service information 

lists required parts costs that are 

covered under warranty, we have 

assumed that there will be no charge for 

these parts. As we do not control 

warranty coverage for affected parties, 

some parties may incur costs higher 

than estimated here. Based on these 

figures, we estimate the cost of this AD 

to the U.S. operators to be $22,525, or 

$425 per product. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. ‘‘Subtitle VII: 

Aviation Programs,’’ describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in ‘‘Subtitle VII, 

Part A, Subpart III, Section 44701: 

General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We determined that this 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 this AD: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. Is not a ‘‘significant rule’’ under the 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); and 

3. 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. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this AD and placed it in the AD docket. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http://www.regulations.

gov; or in person at the Docket 

Operations office between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The AD docket 

contains the NPRM, the regulatory 

evaluation, any comments received, and 

other information. The street address for 

the Docket Operations office (telephone 

(800) 647–5527) is in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after receipt. 

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 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new AD: 

2011–01–02 Airbus: Amendment 39–16555. 

Docket No. FAA–2010–0952; Directorate 

Identifier 2010–NM–131–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective February 9, 2011. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to the airplanes 

identified in paragraphs (c)(1) and (c)(2) of 

this AD. 

(1) Airbus Model A330–201, –202, –203, 

–223, –243, –301, –302, –303, –321, –322, 

–323, –341, –342 and –343 airplanes, all 

manufacturer serial numbers except those on 

which Airbus modification 51790 has been 

embodied in production or Airbus Service 

Bulletin A330–31–3066, A330–31–3082, 

A330–31–3093, or A330–31–3105 has been 

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434 Federal Register / Vol. 76, No. 3 / Wednesday, January 5, 2011 / Rules and Regulations 

embodied in service; certificated in any 

category. 

(2) Airbus Model A340–211, –212, –213, 

–311, –312, and –313 airplanes, all 

manufacturer serial numbers; certificated in 

any category. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 31: Instruments. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

[T]he FAA published SFAR 88 (Special 

Federal Aviation Regulation 88). 

By mail referenced 04/00/02/07/01–L296 

of March 4th, 2002 and 04/00/02/07/03–L024 

of February 3rd, 2003 the JAA [Joint Aviation 

Authorities] recommended to the National 

Aviation Authorities (NAA) the application 

of a similar regulation. 

The aim of this regulation is to require 

* * * a definition review against explosion 

hazards. 

* * * * * 

Failure of the auxiliary power unit (APU) 

bleed leak detection system could result in 

overheat of the fuel tank located in the 

horizontal stabilizer and ignition of the fuel 

vapors in that tank, which could result in a 

fuel tank explosion and consequent loss of 

the airplane. 

Compliance 

(f) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Actions 

(g) Within 6 months after the effective date 

of this AD, do the applicable actions 

specified in paragraphs (g)(1) and (g)(2) of 

this AD. 

(1) For Model A330–201, –202, –203, –223, 

–243, –301, –302, –303, –321, –322, –323, 

–341, –342 and –343 airplanes: Install flight 

warning computer (FWC) software standard 

T3 (part number (P/N) LA2E20202T30000) 

on both FWCs, in accordance with the 

Accomplishment Instructions of Airbus 

Service Bulletin A330–31–3146, including 

Appendix 01, Revision 01, dated May 5, 

2010. 

(2) For Model A340–211, –212, –213, –311, 

–312, and –313 airplanes: Install FWC 

software standard L11 (P/N 

LA2E0060D110000) on both FWCs, in 

accordance with the Accomplishment 

Instructions of Airbus Service Bulletin A340– 

31–4125, Revision 01, dated December 9, 

2008. 

(h) Prior to or concurrently with 

accomplishing the corresponding 

requirements of paragraph (g) of this AD, 

install FWC software standard T2–0 in 

accordance with the Accomplishment 

Instructions of Airbus Service Bulletin A330– 

31–3125, dated December 31, 2008 (for 

Model A330–201, –202, –203, –223, –243, 

–301, –302, –303, –321, –322, –323, –341, 

–342 and –343 airplanes). 

(i) Prior to or concurrently with 

accomplishing the corresponding 

requirements of paragraph (g) of this AD, 

install FWC software standard L10–1 in 

accordance with the Accomplishment 

Instructions of Airbus Service Bulletin A340– 

31–4111, dated February 5, 2007 (for Model 

A340–211, –212, –213, –311, –312, and –313 

airplanes). 

(j) Actions done before the effective date of 

this AD in accordance with Airbus Service 

Bulletin A330–31–3146, dated February 2, 

2010; or A340–31–4125, dated October 27, 

2008; are acceptable for compliance with the 

corresponding requirements of paragraph (g) 

of this AD. 

FAA AD Differences 

Note 1: This AD differs from the MCAI 

and/or service information as follows: No 

differences. 

Other FAA AD Provisions 

(k) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, Transport Airplane 

Directorate, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

Send information to ATTN: Vladimir 

Ulyanov, Aerospace Engineer, International 

Branch, ANM–116, Transport Airplane 

Directorate, FAA, 1601 Lind Avenue, SW., 

Renton, Washington 98057–3356; telephone 

(425) 227–1138; fax (425) 227–1149. Before 

using any approved AMOC on any airplane 

to which the AMOC applies, notify your 

principal maintenance inspector (PMI) or 

principal avionics inspector (PAI), as 

appropriate, or lacking a principal inspector, 

your local Flight Standards District Office. 

The AMOC approval letter must specifically 

reference this AD. 

(2) Airworthy Product: For any 

requirement in this AD to obtain corrective 

actions from a manufacturer or other source, 

use these actions if they are FAA-approved. 

Corrective actions are considered FAAapproved if they are approved by the State 

of Design Authority (or their delegated 

agent). You are required to assure the product 

is airworthy before it is returned to service. 

(3) Reporting Requirements: A federal 

agency may not conduct or sponsor, and a 

person is not required to respond to, nor 

shall a person be subject to a penalty for 

failure to comply with a collection of 

information subject to the requirements of 

the Paperwork Reduction Act unless that 

collection of information displays a current 

valid OMB Control Number. The OMB 

Control Number for this information 

collection is 2120–0056. Public reporting for 

this collection of information is estimated to 

be approximately 5 minutes per response, 

including the time for reviewing instructions, 

completing and reviewing the collection of 

information. All responses to this collection 

of information are mandatory. Comments 

concerning the accuracy of this burden and 

suggestions for reducing the burden should 

be directed to the FAA at: 800 Independence 

Ave. SW., Washington, DC 20591, Attn: 

Information Collection Clearance Officer, 

AES–200. 

Related Information 

(l) Refer to MCAI European Aviation Safety 

Agency (EASA) Airworthiness Directive 

2010–0089, dated May 10, 2010, and the 

service information identified in Table 1 of 

this AD, for related information. 

TABLE 1—RELATED SERVICE INFORMATION

Airbus Service Bulletin— Revision— Dated— 

A330–31–3125 ................................................................................................................................. Original ...................... December 31, 2008. 

A330–31–3146, including Appendix 01 ........................................................................................... 01 .............................. May 5, 2010. 

A340–31–4111 ................................................................................................................................. Original ...................... February 5, 2007. 

A340–31–4125 ................................................................................................................................. 01 .............................. December 9, 2008. 

Material Incorporated by Reference 

(m) You must use the applicable service 

information contained in Table 2 of this AD 

to do the actions required by this AD, unless 

the AD specifies otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Airbus SAS—Airworthiness 

Office—EAL, 1 Rond Point Maurice Bellonte, 

31707 Blagnac Cedex, France; telephone +33 

5 61 93 36 96; fax +33 5 61 93 45 80, e-mail 

airworthiness.A330-A340@airbus.com; 

Internet http://www.airbus.com. 

(3) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221. 

(4) You may also review copies of the 

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/

code_of_federal_regulations/ibr_locations.

html. 

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TABLE 2—MATERIAL INCORPORATED BY REFERENCE

Airbus Service Bulletin— Revision— Dated— 

A330–31–3125 ................................................................................................................................. Original ...................... December 31, 2008. 

A330–31–3146, including Appendix 01 ........................................................................................... 01 .............................. May 5, 2010. 

A340–31–4111 ................................................................................................................................. Original ...................... February 5, 2007. 

A340–31–4125 ................................................................................................................................. 01 .............................. December 9, 2008. 

Issued in Renton, Washington, on 

December 17, 2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–32653 Filed 1–4–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0797; Directorate 

Identifier 2010–NM–141–AD; Amendment 

39–16562; AD 2011–01–09] 

RIN 2120–AA64 

Airworthiness Directives; B/E 

Aerospace Protective Breathing 

Equipment (PBE) Part Number 119003– 

11 Installed on Various Transport 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD requires 

removing affected PBE units. This AD 

was prompted by reports of potentially 

defective potassium superoxide 

canisters used in PBE units, which 

could result in an exothermic reaction 

and ignition. We are issuing this AD to 

prevent PBE units from igniting, which 

could result in a fire and possible injury 

to the flightcrew or other persons. 

DATES: This AD is effective February 9, 

2011. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of February 9, 2011. 

ADDRESSES: For service information 

identified in this AD, contact B/E 

Aerospace, Inc., Commercial Aircraft 

Products Group, RGA Department, 

10800 Pflumm Road, Lenexa, KS 66215; 

telephone (913) 338–7378; fax (913) 

469–8419; Internet http:// 

www.beaerospace.com. You may review 

copies of the referenced service 

information at the FAA, Transport 

Airplane Directorate, 1601 Lind 

Avenue, SW., Renton, Washington. For 

information on the availability of this 

material at the FAA, call 425–227–1221. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; 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 Fairback, Aerospace Engineer, 

Systems and Propulsion Branch, 

ACE–116W, FAA, Wichita Aircraft 

Certification Office (ACO), 1801 Airport 

Road, Room 100, Mid-Continent 

Airport, Wichita, Kansas 67209; 

telephone (316) 946–4154; fax (316) 

946–4107; e-mail 

David.Fairback@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an airworthiness 

directive (AD) that would apply to the 

specified products. That NPRM 

published in the Federal Register on 

August 18, 2010 (75 FR 50941). That 

NPRM proposed to require removing 

affected PBE units. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. The 

following presents the comments 

received on the proposal and the FAA’s 

response to each comment. 

Support for the NPRM 

Boeing supported the contents of the 

NPRM. 

Request To Withdraw the NPRM 

Continental Airlines stated that 

Boeing has indicated in Fleet Team 

Digest 737NG–FTD–25–10003 that all 

defective B/E Aerospace PBEs have been 

successfully captured. We infer that 

Continental requested that we withdraw 

the NPRM. 

We disagree with the request to 

withdraw the NPRM. We have not 

received assurance of such 

accomplishment. We contacted B/E 

Aerospace and it reported that their 

records show 422 of the 600 affected 

PBEs were contained, leaving 178 

affected PBEs in the field. We have not 

changed the final rule in regard to this 

issue. 

Request To Clarify Affected Serial 

Numbers 

ABX Air requested that we clarify that 

no further action is required for PBEs 

with serial numbers outside the range. 

ABX Air suggested adding a new 

paragraph (g)(3) to the final rule to state 

‘‘For any PBE not having a serial number 

from 003–50730M to 003–51329M 

inclusive: No further action is required.’’ 

We agree that no further action is 

necessary for PBEs with serial numbers 

outside the range specified in paragraph 

(g)(1) of this AD. We added a new 

paragraph (g)(3) to this final rule. We 

have also clarified paragraph (g)(2) of 

this AD to state that once the 

replacement has been done, no further 

action is required by paragraph (g) of 

this AD. However, paragraph (h) of this 

AD prohibits installations of the PBEs 

within the serial number range. 

Conclusion 

We reviewed the relevant data, 

considered the comments received, and 

determined that air safety and the 

public interest require adopting the AD 

with the changes described previously. 

We also determined that these changes 

will not increase the economic burden 

on any operator or increase the scope of 

the AD. 

Costs of Compliance 

We estimate that this AD affects up to 

600 airplanes of U.S. registry. 

We estimate the following costs to 

comply with this AD: 

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