DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0439; Product Identifier 2017-CE-010-AD; Amendment
39-19021; AD 2017-18-12]
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: Final rule.

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SUMMARY: We are superseding Airworthiness Directive (AD) 2016-11-20 for
certain B/E Aerospace protective breathing equipment (PBE) that is
installed on airplanes. AD 2016-11-20 required 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 AD retains the
actions required in AD 2016-11-20 and requires inspecting and replacing
P/N 119003-11 and 119003-21 PBE units. We are issuing this AD to
address the unsafe condition on these products.

DATES: This AD is effective October 16, 2017.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of October 16,
2017.
The Director of the Federal Register approved the incorporation by
reference of certain other publication listed in this AD as of July 15,
2016 (81 FR 37492, June 10, 2016).

ADDRESSES: For service information identified in this final rule,
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 service
information at the FAA, Policy and Innovation Division, 901 Locust,
Kansas City, Missouri 64106. For information on the availability of
this material at the FAA, call (816) 329-4148. It is also available on
the internet at http://www.regulations.gov by searching for and
locating Docket No. FAA-2017-0439.

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 final rule, 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 Enns, Aerospace Engineer,
Wichita ACO Branch, 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:

Discussion

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede 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. The NPRM published in the Federal Register on
May 26, 2017 (82 FR 24260). The NPRM was prompted by 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. The NPRM proposed to 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 issuing this AD
to correct the unsafe condition on these products.

Comments

We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the NPRM and
the FAA's response to each comment.

Request To Include Additional Compliance Method for Paragraph (i) of
This AD

David White, of NetJets Aviation, requested that the action
required in paragraph (i) of this AD for determining the serial number
of the installed PBE, P/N 119003-21, also include a maintenance records
review.
The commenter stated that if the maintenance records are available
and the determination can positively be made, this review will save the
owners/operators time and money.
We agree with the commenter and have changed this AD based on this
comment.

Request for Clarification of Compliance Time for Paragraph (j) of This
AD

David White, of NetJets Aviation, requested that the compliance
time in paragraph (j) of this AD to be clarified.
The commenter stated that paragraph (j) of this AD requires
replacement of an affected mask before further flight or following
existing minimum equipment list (MEL) procedures, but it does not
identify if compliance is required at the earlier or the later of the
two thresholds.
We do not agree with commenter. The MEL is a document and method
airplane operators use to obtain relief from Federal Aviation
Regulations that requires all equipment installed on the airplane be
operative at the time of flight. It is airplane-specific and spells out
which pieces of equipment may be inoperable along with any procedures
that are required for an airplane to operate under specific conditions
while maintaining airworthiness. The reference to MEL is a reminder
that, depending on the airplane and its MEL, it may be acceptable to
remove the affected units and continue to operate with a reduced number
of PBEs as stated in the specific MEL. The affected units must be
removed upon discovery.
We have changed this AD based on this comment to make this more
clear.

Request To Change the Compliance Time in Paragraph (j) of This AD

David White, of NetJets Aviation, requested we change the
replacement compliance time in paragraph (j) of this AD to match the
compliance time in paragraph (i) of this AD, which would allow six
months to replace the affected PBE after it is identified by inspection
or maintenance records review.
The commenter stated that if the request to allow a records review
for paragraph (i) of this AD is accepted, then the maintenance records
review could be accomplished without access to the airplane and could
result in unnecessarily grounding the airplane if a discrepant mask is found
during the records review. However, if the compliance time for
replacing the affected PBE matches the compliance time for the
inspection/maintenance records review, the operators will have
flexibility for compliance with paragraph (j).
We do not agree with the commenter. Once an airplane has been
identified to have an affected PBE installed, it must be removed and
replaced before further flight. Once a discrepant PBE has been
identified during an inspection or review of records, the unit must be
removed before further flight. However, continued operation with fewer
than required PBE is permissible if allowed by your MEL.
We have not changed this AD based on this comment.

Request To Include Revised Service Bulletin

B/E Aerospace, Inc. requested that Service Bulletin (SB) 119003-35-
013, Rev. 002, dated July 19, 2017, be incorporated into this AD.
The commenter stated that the only change in the B/E Aerospace SB
119003-35-013, Rev. 002, dated July 19, 2017, is the addition of
warranty credit. All other information and instructions are the same as
those contained in B/E Aerospace SB 119003-35-013, Rev. 001, dated
February 24, 2017.
We agree with the commenter and have changed this AD based on this
comment.

Conclusion

We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this AD with the change described previously. We have determined that
these minor changes:
Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.
We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

We reviewed B/E Aerospace SB No. 119003-35-011, Rev. 000, dated
February 4, 2015; SB 119003-35-009, Rev. 001, dated April 12, 2016; and
SB No. 119003-35-013, Rev. 002, dated July 19, 2017. B/E Aerospace SB
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 SB 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 SB No. 119003-35-013, Rev. 002, dated July 19,
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.

Differences Between This AD and the Service Information

We are not requiring 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 required 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 AD affects 9,000 products installed on
airplanes of U.S. registry.
We estimate the following costs to comply with this AD:

Estimated Costs

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

The cost difference between AD 2016-11-20 and this AD is the cost
of inspecting for serial number determination and replacing the
affected serial numbers. This part of the AD could potentially affect
2,070 PBE units.
According to the manufacturer, some of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

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.
This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to small airplanes and domestic
business jet transport airplanes to the Director of the Policy and
Innovation Division.

Regulatory Findings

We have determined that 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.

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: