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[Federal Register Volume 76, Number 3 (Wednesday, January 5, 2011)]
[Rules and Regulations]
[Pages 435-437]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32994]

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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.

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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:

[[Page 436]]

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
              Action                        Labor cost            Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Inspection........................  1 work-hour x $85 per                  $0              $85          $51,000
                                     hour = $85.
----------------------------------------------------------------------------------------------------------------

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

0
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 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
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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,

[[Page 437]]

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.

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
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