DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2017-0439; Directorate Identifier 2017-CE-010-AD]
RIN 2120-AA64
Airworthiness Directives; B/E Aerospace Protective Breathing
Equipment Part Number 119003-11 and Part Number 119003-21
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to supersede Airworthiness Directive (AD) 2016-11-
20, which applies to certain B/E Aerospace protective breathing
equipment (PBE) that is installed on airplanes. AD 2016-11-20 requires
replacing part number (P/N) 119003-11 PBE units. Since we issued AD
2016-11-20, we received a report that PBE units, P/N 119003-21, within
a certain serial number range are made with candle tube material
determined to have a low yield strength and may be volatile upon use or
disposal. This proposed AD would retain the actions required in AD
2016-11-20 and would require inspecting and replacing P/N 119003-11 and
119003-21 PBE units. We are proposing this AD to correct the unsafe
condition on these products.
DATES: We must receive comments on this proposed AD by July 10,
2017.
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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For service information identified in this NPRM, contact B/E
Aerospace, Inc., Commercial Aircraft Products Group, 10800 Pflumm Road,
Lenexa, Kansas 66215; phone: (913) 338-9800; fax: (913) 338-8419;
Internet: www.beaerospace.com. You may view 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-2017-0439;
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 (phone: 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; phone: (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-2017-0439;
Directorate Identifier 2017-CE-010-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.
Discussion
On May 25, 2016, we issued AD 2016-11-20, Amendment 39-18547 (81 FR
37492, June 10, 2016), ("AD 2016-11-20"), for B/E Aerospace
Protective Breathing Equipment (PBE), part number (P/N) 119003-11, that
is installed on airplanes. AD 2016-11-20 requires replacing all PBE, P/
N 119003-11, with PBE, P/N 119003-21. AD 2016-11-20 resulted from a
report of a PBE unit, P/N 119003-11, catching fire upon activation by
a
crewmember. We issued AD 2016-11-20 to correct the unsafe condition on
these products.
Actions Since AD 2016-11-20 Was Issued
Since we issued AD 2016-11-20, we received a report that a mechanic
incurred a minor injury when he activated the affected PBE unit as part
of the disposal process. The igniter candle in the PBE supplies the
user with oxygen during the first 20 seconds after activation. For PBE
units with a serial number within the serial number range identified in
this proposed AD, the candle tube material was determined to have a low
yield strength. This can result in inadequate retention of the end
fitting during activation, and the candle may eject from the PBE as a
high speed projectile.
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; Service Bulletin 119003-35-009, Rev. 001,
dated April 12, 2016; and Service Bulletin No. 119003-35-013, Rev. 001,
dated February 24, 2017. 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
No. 119003-35-009, Rev. 001, dated April 12, 2016, describes procedures
for replacing PBE, P/N 119003-11 with P/N 119003-21; and B/E Aerospace
Service Bulletin No. 119003-35-013, Rev. 001, dated February 24, 2017,
describes procedures for inspecting PBE P/N 119003-21 to determine the
serial number and replacing any within the specified serial number
range. 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.
FAA's Determination
We are proposing this AD 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.
Proposed AD Requirements
This proposed AD would retain all requirements of AD 2016-11-20.
This proposed AD would also require inspecting PBE P/N 119003-21 to
determine the serial number and replacing any within the specified
serial number range.
Differences Between This Proposed AD and the Service Information
We are not proposing to require the disposal of the PBE as
specified in the related service information because we have determined
that owner/operators use various methods for disposal, which includes
returning the PBE to the manufacturer. Therefore, we have not proposed
the use of only one method of disposal. However, given the potential
concern with activation of certain PBE units during disposal, we
encourage coordination with the manufacturer and awareness of the
disposal methods.
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
Action |
Labor cost |
Parts cost |
Cost per product |
Cost on U.S. operators |
Inspecting the pouch containing the PBE for proper vacuum seal. |
.5 work-hour x $85 per hour =
$42.50 |
Not applicable |
$42.50 |
$382,500 |
Replace PBE P/N 119003-11 with
PBE P/N 119003-21. |
.5 work-hour x $85 per hour =
$42.50 |
$1,510 |
1,552.50 |
13,972,500 |
Inspecting the PBE to determine
whether an affected PBE P/N 119003-21 is installed. |
.5 work-hour x $85 per hour =
$42.50 |
Not applicable |
42.50 |
382,500 |
We estimate the following costs to
replace any affected PBE P/N
119003-21 units that fall within the affected serial number range. We
have no way of determining the number of aircraft that might need these
repairs/replacements:
On-Condition Costs
Action |
Labor cost |
Parts cost |
Cost per product |
Replacement of PBE P/N 119003-21 |
.5 work-hour x $85 per hour =
$42.50 |
$1,510 |
$1,552.50 |
The cost difference between AD 2016-11-20
and this proposed AD is
the cost of inspecting for serial number determination and replacing
the affected serial numbers. This part of the proposed AD could
potentially affect 2,070 PBE units.
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 have 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 that the 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
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 removing Airworthiness Directive (AD)
2016-11-20, Amendment 39-18547 (81 FR 37492, June 10, 2016), and adding
the following new AD:
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