DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
14 CFR Part 39
[Docket No. FAA-2010-0797; Directorate Identifier 2010-NM-141-AD] RIN
2120-AA64
AIRWORTHINESS DIRECTIVES; B/E Aerospace Protective Breathing Equipment
Part Number 119003-11 Installed on Various Transport Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
various transport airplanes equipped with certain B/E Aerospace protective
breathing equipment (PBE) units. This proposed AD would require removing
affected PBE units. This proposed AD results from reports of potentially
defective potassium superoxide canisters used in PBE units, which could
result in an exothermic reaction and ignition. We are proposing this AD to
prevent PBE units from igniting, which could result in a fire and possible
injury to the flightcrew or other persons.
DATES: We must receive comments on this proposed AD by October 4, 2010.
ADDRESSES: You may send comments 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 AD, contact B/E
Aerospace, Inc., Commercial Aircraft Products Group, RGA Department, 10800
Pflumm Road, Lenexa, KS 66215, phone: (913) 338-7378, fax: (913) 469-8419.
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 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 Fairback, Aerospace Engineer, Sys-
tems 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.
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-2010-0797; Directorate
Identifier 2010-NM-141-AD" at the beginning of your comments. We specific-
ally 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.
DISCUSSION
We have been notified that potassium superoxide canisters used in 119003
-11 protective breathing equipment ignited on a vendor's test stand during
quality assurance testing. Subsequent investigation revealed that
potassium superoxide contained a high percentage of small particles that
ignited. B/E Aerospace manufactured units with this chemical lot between
February 15, 2010 and March 6, 2010. B/E Aerospace shipped 600 canisters
with this lot of chemicals to part distributers, airplane manufacturers
(including Airbus, ATR, Boeing, Bombardier, Embraer, Fokker, and Hawker
Beechcraft), and airlines (including Emirates, Korean Airlines, and
Shenzhen Airlines). This condition, if not corrected, could result in
potentially defective canisters being used in on-board PBE units.
RELEVANT SERVICE INFORMATION
We have reviewed B/E Aerospace Service Bulletin 119003-35-5, dated April
19, 2010. This service bulletin describes procedures for doing an
inspection to determine the serial number of the protective breathing
equipment having part number 119003-11, and returning affected parts to
B/E Aerospace.
FAA'S DETERMINATION AND REQUIREMENTS OF THIS PROPOSED AD
We are proposing this AD because we evaluated all relevant information and
determined the unsafe condition described previously is likely to exist or
develop in other products of the same type design. This proposed AD would
require accomplishing the actions specified in the service information
described previously, except as discussed under "Differences Between the
Proposed AD and Service Information."
DIFFERENCES BETWEEN THE PROPOSED AD AND SERVICE INFORMATION
B/E Aerospace Service Bulletin 119003-35-5, dated April 19, 2010,
specifies a compliance time of within 30 days for PBE units in stock or
stored as spares, and within the next maintenance check for in-service PBE
units. This proposed AD would require compliance within 120 days after the
effective date of this AD. B/E Aerospace Service Bulletin 119003-35-5,
dated April 19, 2010, specifies to return any faulty PBE units to B/E
Aerospace; this proposed AD would not include that requirement.
COSTS OF COMPLIANCE
We estimate that this proposed AD would affect up to 600 aircraft of U.S.
registry. We also estimate that it would take about 1 work-hour per
product to comply with this proposed AD. The average labor rate is $85 per
work-hour. Required parts would cost about $0 per product. Based on these
figures, we estimate the cost of this proposed AD to the U.S. operators to
be up to $51,000, or $85 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 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 responsib-
ilities 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 Pro-
cedures (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.
You can find our regulatory evaluation and the estimated costs of
compliance in the AD Docket.
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
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]
2. The FAA amends Sec. 39.13 by adding the following new AD: