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[Federal Register Volume 81, Number 10 (Friday, January 15, 2016)]
[Proposed Rules]
[Pages 2131-2134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00374]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-2134; Directorate Identifier 2015-CE-012-AD]
RIN 2120-AA64

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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of 
comment period.

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SUMMARY: We are revising an earlier proposed airworthiness directive 
(AD) for certain B/E Aerospace protective breathing equipment (PBE) 
that is installed on airplanes. The NPRM proposed inspecting the PBE to 
determine if the pouch has the proper vacuum seal and replacing if 
necessary. The NPRM was prompted by reports of a compromise in the 
vacuum seal of the pouch that contains the PBE. This action revises the 
NPRM by requiring replacement of the PBE following newly issued service 
information regardless of inspection results. We are proposing this 
supplemental NPRM (SNPRM) to correct the unsafe condition on these 
products. Since these actions impose an additional burden over that 
proposed in the NPRM, we are reopening the comment period to allow the 
public the chance to comment on these proposed changes.

DATES: We must receive comments on this SNPRM by February 29, 2016.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this proposed rule, contact 
B/E Aerospace, Inc., Commercial Aircraft Products Group, 10800 Pflumm 
Road, Lenexa, Kansas 66215; telephone: (913) 338-9800; fax: (913) 338-
8419; Internet: www.beaerospace.com. You may review this referenced 
service information at the FAA, Small Airplane Directorate, 901 Locust, 
Kansas City, Missouri 64106. For information on the availability of 
this material at the FAA, call (816) 329-4148.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
2134; or in person at the Docket Management Facility between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this proposed AD, the regulatory evaluation, any comments 
received, and other information. The street address for the Docket 
Office (telephone: 800-647-5527) is in the ADDRESSES section. Comments 
will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: David Enns, Aerospace Engineer, 
Wichita Aircraft Certification Office, FAA, 1801 S. Airport Road, Room 
100, Wichita, Kansas 67209; telephone: (316) 946-4147; fax: (316) 946-
4107; email: david.enns@faa.gov.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2015-2134; 
Directorate Identifier 2015-CE-012-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

[[Page 2132]]

Discussion

    We issued an NPRM to amend 14 CFR part 39 by adding an AD that 
would apply to certain B/E Aerospace protective breathing equipment 
(PBE) that is installed on airplanes. The NPRM published in the Federal 
Register on June 16, 2015 (80 FR 34330). The NPRM proposed to require 
inspecting the PBE to determine if the pouch has the proper vacuum seal 
and replacing if necessary.

Actions Since Previous NPRM Was Issued

    Since we issued the NPRM (80 FR 34330, June 16, 2015), further 
investigation into the fire of the PBE, part number (P/N) 119003-11, 
found that the ignitor candles from the PBE units that caught fire had 
a breach of the filter in the candle assembly. The breach of the filter 
in the candle assembly allowed hot particles from the igniter candle to 
enter the oxygen rich environment of the PBE hood, which could cause a 
fire. All ignitor candles that were examined after fire events showed a 
breach in the filter. Due to the complexities involved with the 
chemical reaction within the candle, a definitive cause for the 
breached filters has not been identified. B/E Aerospace PBE, P/N 
119003-21, contains a stainless steel mesh in the outlet path of the 
igniter candle. It has been established that the installation of the 
stainless steel mesh will prevent hot particles from entering the PBE 
hood as a result of a breached filter. Also, it was initially believed 
that the fire events occurred only with PBEs that had compromised 
vacuum sealed pouches. Two recent events occurred with PBEs that were 
reported by the operators to be in serviceable conditions, although the 
FAA and PBE manufacturer could not verify the condition of the pouch or 
PBE before the event. Therefore, we can no longer conclude that a PBE, 
P/N 119003-11, with an intact vacuum seal will prevent the possibility 
of spark and fire.
    This condition, if not corrected, could result in the PBE catching 
fire.

Comments

    We gave the public the opportunity to comment on the NPRM (80 FR 
34330, June 16, 2015). The following presents the comments received on 
the NPRM (80 FR 34330, June 16, 2015) and the FAA's response to each 
comment.

Request To Change Cost of Compliance Section

    B/E Aerospace, Inc. requested that the labor cost stated for doing 
the inspection be changed from .5 work-hour to .1 work-hour.
    The commenter stated that the manpower specified in the related 
service bulletin for doing the inspection is 1 minute for 1 person. By 
comparison, the labor cost stated in the NPRM is .5 work-hour. The 
commenter believes that 0.5 work-hour is unreasonably long based on 
experience with the PBE. The commenter also stated that as a 
consequence, this aspect of the NPRM incorrectly suggests a substantial 
burden on the industry given the number of PBE units requiring the 
inspection.
    The commenter requested that the labor cost for doing the 
inspection be changed to be consistent with the related service 
information.
    We partially agree with the commenter. Even though we agree that it 
may take less than .5 work-hour to inspect the PBE, it is FAA practice 
to present labor cost in .5 work-hour increments. We have not changed 
this proposed AD based on this comment.

Request To Change Applicability

    Airbus stated that the Applicability section should also include 
PBE, P/N 119003-21, all FAA-approved PBEs.
    The commenter stated that the candle in PBE, P/N 119003-21, is 
identical to the one in PBE, P/N 119003-11, and the abnormal behavior 
of the candle is also possible on the PBE, P/N 119003-21. The remaining 
effects of a candle malfunction from a PBE, P/N 119003-21, are still 
not sufficiently known, e.g. functional aspects, heat, or generation of 
noxious gases. A compromised seal could also lead to a malfunction of a 
PBE, P/N 119003-21, or other FAA-approved PBEs as well.
    The commenter requested that the inspections also apply to PBE, P/N 
119003-21, and all other FAA-approved PBEs as well.
    We do not agree with the commenter. Our investigation revealed that 
the cause of the unsafe condition has been limited to PBE, P/N 119003-
11. The manufacturer has tested PBE, P/N 119003-21, with candle 
assemblies that had a breach in the filter. The PBE, P/N 119003-21, has 
been shown to stop hot particles from entering the hood and causing a 
fire. Due to additional testing and investigation, this proposed AD now 
requires replacing the PBE, P/N 119003-11, with a PBE, P/N 119003-21, 
or other FAA-approved PBE. We are still allowing inspecting the PBE, P/
N 119003-11, until the required replacement time.
    We have not changed this proposed AD based on this comment.

Request To Include Allowance for Minimum Equipment List (MEL) Relief

    United Airlines requested incorporating existing MEL procedures 
into the AD.
    The commenter stated that the proposed AD requires replacing a PBE 
that has a compromised vacuum seal before further flight. The commenter 
requested a revision to the AD to allow airplane operation with a 
minimum equipment list (MEL).
    We agree with the commenter. An MEL is intended to permit operation 
with inoperative instruments or equipment for a period of time until 
repairs can be done. Repairs must be done at the earliest opportunity. 
To maintain an acceptable level of safety and reliability, the MEL 
establishes limitations on the duration of and conditions for operation 
with inoperative equipment.
    We have changed this proposed AD based on this comment.

Related Service Information Under 1 CFR Part 51

    We reviewed B/E Aerospace Service Bulletin No. 119003-35-011, Rev. 
000, dated February 4, 2015, and Service Bulletin 119003-35-009, Rev. 
009, dated November 9, 2015. The B/E Aerospace Service Bulletin 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 Service 
Bulletin 119003-35-009, Rev. 009, dated November 9, 2015, describes 
procedures for replacing PBE, P/N 119003-11, with P/N 119003-21. This 
service information is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in the ADDRESSES section of this SNPRM.

FAA's Determination

    We are proposing this SNPRM because we evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the same type design. 
Certain changes described above expand the scope of the NPRM (80 FR 
34330, June 16, 2015). As a result, we have determined that it is 
necessary to reopen the comment period to provide additional 
opportunity for the public to comment on this SNPRM.

Proposed Requirements of This SNPRM

    This SNPRM would require accomplishing the actions specified in the 
service information described

[[Page 2133]]

previously, except as discussed under ``Differences Between this SNPRM 
and the Service Information.

Differences Between This SNPRM and the Service Information

    B/E Aerospace Service Bulletin No. 119003-35-011, Rev. 000, dated 
February 4, 2015, applies to all PBE with P/N 119003-11 and P/N 119003-
21. We have determined that this proposed AD would apply only to a PBE 
with P/N 119003-11 with regard to the inspection requirement of 
paragraph (g) of this proposed AD. B/E Aerospace Service Bulletin 
119003-35-009, Rev. 009, dated November 9, 2015, includes instructions 
for disposal. In this proposed AD, we are requiring only the 
replacement action.

Costs of Compliance

    We estimate that this proposed AD affects 9,000 products installed 
on airplanes of U.S. registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
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                                                                                     Cost per      Cost on U.S.
              Action                    Labor cost             Parts cost             product        operators
----------------------------------------------------------------------------------------------------------------
Inspecting the pouch containing    .5 work-hour x $85   Not applicable..........          $42.50        $382,500
 the PBE for proper vacuum seal.    per hour = $42.50.
Replace the PBE P/N 119003-11      .5 work-hour x $85   $1,510..................        1,552.50      13,972,500
 with a PBE P/N 119003-21.          per hour = $42.50.
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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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 proposed 
regulation:
    (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),
    (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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

B/E Aerospace: Docket No. FAA-2015-2134; Directorate Identifier 
2015-CE-012-AD.

(a) Comments Due Date

    We must receive comments by February 29, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to B/E Aerospace Protective Breathing Equipment 
(PBE), part number (P/N) 119003-11, that is installed on airplanes.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 35; Oxygen.

(e) Unsafe Condition

    This AD was prompted by a report of a PBE, P/N 119003-11, 
catching fire upon activation by a crewmember. We are issuing this 
AD to correct the unsafe condition on these products.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Inspection

    Within 3 months after the effective date of this AD, while still 
in the stowage box, physically inspect the PBE pouch to determine if 
it has an intact vacuum seal. Do this inspection following paragraph 
III.A.1. of the Accomplishment Instructions in B/E Aerospace Service 
Bulletin No. 119003-35-011. Rev. 000, dated February 4, 2015.

(h) Replacement

    (1) If a PBE pouch is found that does not have an intact vacuum 
seal during the inspection required in paragraph (g) of this AD: 
Before further flight or following existing minimum equipment list 
(MEL) procedures, replace the PBE with a PBE, P/N 119003-21, 
following paragraphs III.C., III.D.(4), III.D.(6), and III.D.(7) of 
the Accomplishment Instructions in B/E Aerospace Service Bulletin 
No. 119003-35-009, Rev. 000, dated November 9, 2015, or replace it 
with another FAA-approved serviceable PBE.
    (2) If a PBE pouch is found during the inspection required in 
paragraph (g) of this AD where the vacuum seal is intact: Within 18 
months after the effective date of this AD, remove PBE, P/N 119003-
11, and replace the PBE with PBE, P/N 119003-21, following 
paragraphs III.C., III.D.(4), III.D.(6), and III.D.(7) of the 
Accomplishment Instructions in B/E Aerospace Service Bulletin No. 
119003-35-009, Rev. 000, dated November 9, 2015, or replace it with 
another FAA-approved serviceable PBE.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Wichita Aircraft Certification Office (ACO), 
FAA, has the authority to approve AMOCs for this AD, if requested 
using the procedures found in 14 CFR 39.19. In accordance with 14 
CFR 39.19, send your request to your principal inspector or local 
Flight Standards District Office, as appropriate. If sending 
information directly

[[Page 2134]]

to the manager of the ACO, send it to the attention of the person 
identified in paragraph (j)(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.

(j) Related Information

    (1) For more information about this AD, contact David Enns, 
Aerospace Engineer, Wichita ACO, FAA, 1801 S. Airport Road, Room 
100, Wichita, Kansas 67209; phone: (316) 946-4147; fax: (316) 946-
4107; email: david.enns@faa.gov.
    (2) For service information identified in this AD, contact B/E 
Aerospace, Inc., 10800 Pflumm Road, Commercial Aircraft Products 
Group, Lenexa, Kansas 66215; telephone: (913) 338-9800; fax: (913) 
338-8419; Internet: www.beaerospace.com. You may review this 
referenced service information at the FAA, Small Airplane 
Directorate, 901 Locust, Kansas City, Missouri 64106. For 
information on the availability of this material at the FAA, call 
(816) 329-4148.

    Issued in Kansas City, Missouri, on January 6, 2016.
Kelly Broadway,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-00374 Filed 1-14-16; 8:45 am]
 BILLING CODE 4910-13-P
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