Federal Register / Vol. 76, No. 3 / Wednesday, January 5, 2011 / Rules and Regulations 435 

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

ESTIMATED COSTS

Action Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

Inspection ................................ 1 work-hour × $85 per hour = $85 ......................................... $0 $85 $51,000 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. Subtitle VII: 

Aviation Programs, describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in subtitle VII, 

part A, subpart III, section 44701: 

‘‘General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

This AD will not have federalism 

implications under Executive Order 

13132. This AD will not have a 

substantial direct effect on the States, on 

the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify that this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(2) Is not a ‘‘significant rule’’ under 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979), 

(3) Will not affect intrastate aviation 

in Alaska, and 

(4) Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 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 airworthiness 

directive (AD): 

2011–01–09 B/E Aerospace: Amendment 

39–16562; Docket No. FAA–2010–0797; 

Directorate Identifier 2010–NM–141–AD. 

Effective Date 

(a) This AD is effective February 9, 2011. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to B/E Aerospace 

protective breathing equipment (PBE) units 

having part number (P/N) 119003–11. These 

PBE units may be installed on (or carried or 

stowed on board), but not limited to, various 

transport category airplanes, certificated in 

any category, identified in but not limited to 

the airplanes of the manufacturers specified 

in Table 1 of this AD. 

TABLE 1—AFFECTED MANUFACTURERS

Manufacturers 

Airbus 

ATR 

Boeing 

Bombardier 

Embraer 

Fokker 

Hawker Beechcraft 

Subject 

(d) Air Transport Association (ATA) of 

America Code 35: Oxygen. 

Unsafe Condition 

(e) This AD results from reports of 

potentially defective potassium superoxide 

canisters used in PBE units, which could 

result in an exothermic reaction and ignition. 

The Federal Aviation Administration is 

issuing this AD to prevent PBE units from 

igniting, which could result in a fire and 

possible injury to the flightcrew or other 

persons. 

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. 

Inspection 

(g) Within 120 days after the effective date 

of this AD, inspect to determine the serial 

number of the PBE units installed in the 

aircraft, in accordance with the 

Accomplishment Instructions of B/E 

Aerospace Service Bulletin 119003–35–5, 

dated April 19, 2010. A review of airplane 

records is acceptable in lieu of this 

inspection if the serial numbers of the PBE 

can be conclusively determined from that 

review. 

(1) For any PBE that has a serial number 

from 003–50730M to 003–51329M inclusive: 

Before further flight, replace the PBE with a 

serviceable PBE, except as provided by 

paragraph (g)(2) of this AD. 

(2) For any PBE that has a label showing 

that it has been restored in accordance with 

B/E Aerospace Service Bulletin 119003–35– 

6: The replacement has been done, and no 

further action is required by paragraph (g) of 

this AD. 

(3) For any PBE not having a serial number 

from 003–50730M to 003–51329M inclusive: 

No further action is required by paragraph (g) 

of this AD. 

Parts Installation 

(h) As of the effective date of this AD, no 

person may install a PBE unit having P/N 

119003–11 with a serial number ranging from 

003–50730M to 003–51329M inclusive, 

unless it has a label showing it has been 

restored in accordance with B/E Aerospace 

Service Bulletin 119003–35–6, dated May 21, 

2010. 

Alternative Methods of Compliance 

(AMOCs) 

(i)(1) The Manager, Wichita Aircraft 

Certification Office (ACO), FAA, has the 

authority to approve AMOCs for this AD, if 

requested using the procedures found in 14 

CFR 39.19. Send information to ATTN: 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. 

(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. 

Related Information 

(j) For more information about this AD, 

contact David Fairback, Aerospace Engineer, 

Systems and Propulsion Branch, ACE–116W, 

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Federal Register / Vol. 76, No. 3 / Wednesday, January 5, 2011 / Rules and Regulations 437 

FAA, Wichita Aircraft Certification Office 

(ACO), 1801 Airport Road, Room 100, MidContinent Airport, Wichita, Kansas 67209; 

telephone (316) 946–4154; fax (316) 946– 

4107. 

Material Incorporated by Reference 

(k) You must use B/E Aerospace Service 

Bulletin 119003–35–5, dated April 19, 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 

B/E Aerospace Service Bulletin 119003–35– 

5, dated April 19, 2010, under 5 U.S.C. 552(a) 

and 1 CFR part 51. 

(2) 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. 

(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 17, 2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–32994 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–2008–1080; Directorate 

Identifier 2008–NM–118–AD; Amendment 

39–16554; AD 2011–01–01] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model EMB–135BJ 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are superseding an 

existing 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 earlier MCAI, Brazilian 

Airworthiness Directive 2007–08–01, 

effective September 27, 2007, describes 

the unsafe condition as: 

Fuel system reassessment, performed 

according to RBHA–E88/SFAR–88 

(Regulamento Brasileiro de Homologacao 

Aeronautica 88/Special Federal Aviation 

Regulation No. 88), requires the inclusion of 

new maintenance tasks in the Critical Design 

Configuration Control Limitations (CDCCL) 

and in the Fuel System Limitations (FSL), 

necessary to preclude ignition sources in the 

fuel system. * * * 

The new MCAI, Brazilian Airworthiness 

Directive 2009–08–03, effective August 

20, 2009, describes the unsafe condition 

as: 

An airplane fuel tank systems review 

required by Special Federal Aviation 

Regulation Number 88 (SFAR 88) and ‘‘RBHA 

Especial Nu ́mero 88’’ (RBHA E 88) has shown 

that additional maintenance and inspection 

instructions are necessary to maintain the 

design features required to preclude the 

existence or development of an ignition 

source within the fuel tanks 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. 

On July 30, 2008 (73 FR 35908, June 

25, 2008), the Director of the Federal 

Register approved the incorporation by 

reference of certain other publications 

listed in this AD. 

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: 

Todd Thompson, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

425–227–1175; fax 425–227–1149. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a supplemental notice of 

proposed rulemaking (NPRM) to amend 

14 CFR part 39 to include an AD that 

would apply to the specified products. 

That supplemental NPRM was 

published in the Federal Register on 

March 23, 2010 (75 FR 13684), and 

proposed to supersede AD 2008–13–15, 

Amendment 39–15578 (73 FR 35908, 

June 25, 2008). That supplemental 

NPRM proposed to correct an unsafe 

condition for the specified products. 

Brazilian Airworthiness Directive 2007– 

08–01, effective September 27, 2007, 

describes the unsafe condition as: 

Fuel system reassessment, performed 

according to RBHA–E88/SFAR–88 

(Regulamento Brasileiro de Homologacao 

Aeronautica 88/Special Federal Aviation 

Regulation No. 88), requires the inclusion of 

new maintenance tasks in the Critical Design 

Configuration Control Limitations (CDCCL) 

and in the Fuel System Limitations (FSL), 

necessary to preclude ignition sources in the 

fuel system. * * * 

Brazilian Airworthiness Directive 2009– 

08–03, effective August 20, 2009, 

describes the unsafe condition as: 

An airplane fuel tank systems review 

required by Special Federal Aviation 

Regulation Number 88 (SFAR 88) and ‘‘RBHA 

Especial Nu ́mero 88’’ (RBHA E 88) has shown 

that additional maintenance and inspection 

instructions are necessary to maintain the 

design features required to preclude the 

existence or development of an ignition 

source within the fuel tanks of the airplane. 

* * * * * 

The corrective action is revising the 

Airworthiness Limitations Section 

(ALS) of the Instructions for Continued 

Airworthiness (ICA) to incorporate new 

limitations for fuel tank systems. 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 

considered the comment received. 

Request To Consider Additional Service 

Information 

The commenter, EMBRAER, 

requested that we revise the 

supplemental NPRM to include Parker 

Service Bulletin 367–934–28–110, 

Revision A, dated December 19, 2006, as 

acceptable for compliance with the 

proposed requirements. Parker makes 

the fuel conditioning unit (FCU) and 

ventral fuel conditioning unit (VFCU). 

Parker revised certain references within 

that service bulletin, clarifying all 

checks and inspections to be performed 

on the FCU and/or FVCU to ensure that 

the ‘‘safe life’’ features are maintained. 

Parker also published certain data 

substantiating that CUs in compliance 

with the 10,000-flight-hour inspection 

in accordance with Parker Service 

Bulletin 367–934–28–110, Revision A, 

dated December 19, 2006, have had the 

equivalent inspection to the safe-life 

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