Airworthiness Directives; B/E Aerospace Protective Breathing Equipment Part Number 119003-11, 2131-2134 [2016-00374]
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tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Proposed Rules
required reserve be calculated? Some
possibilities could include a percentage
of the original loan amount of the CDC’s
504 portfolio, a percentage of the
current outstanding loan amount of the
CDC’s 504 portfolio, a percentage of the
annual fees received by the CDC as a
result of its 504 lending, or a percentage
of the CDC’s remaining funds. Another
approach would be to calculate the
required reserve as a dollar amount
equal to at least six months, but no more
than 12 months, of staff and overhead
expenses of the CDC.
6. Should SBA limit the amount that
CDCs may retain as a reserve for future
operations? If not, why not? If yes, what
would be a reasonable maximum
amount to allow as a reserve?
7. Should a CDC be able to decide that
the reserve option would be a more
prudent use of its remaining funds than
economic development investments to
ensure that it has the ability to ‘‘sustain
its operations continuously’’? Why or
why not?
8. Should SBA require CDCs to first
apply any remaining funds to the
reserve for future operations before
using any remaining funds for
investments? Please provide reasons for
your response.
9. What requirements, if any, should
apply to a CDC’s remaining funds if it
voluntarily decertifies or is removed
from the 504 Loan Program? Should the
CDC be required to invest these funds in
local economic development activities
prior to decertification or removal?
10. What types of economic
development activities should be
included in the definition of
‘‘acceptable investments in economic
development’’? Are there any activities
that should not be included in the
definition? Examples of such acceptable
investments in economic development
could include loans, grants or other
forms of direct financial support that are
issued by the CDC for: (1) Other federal,
state or local lending programs, such as
microlending or revolving loan funds;
(2) Small Business Development
Centers; (3) business incubators; (4)
industrial development; and (5) other
non-profit economic development
entities. Should the definition include
business or technical procurement
assistance provided by the CDC or paid
for by the CDC?
Interested parties are invited to
provide any other comments that they
may have relating to the issues
described in this Advance Notice of
Proposed Rulemaking. We ask that you
provide a brief justification for any
suggested changes.
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Dated: January 7, 2016.
Maria Contreras-Sweet,
Administrator.
[FR Doc. 2016–00731 Filed 1–14–16; 8:45 am]
BILLING CODE 8025–01–P
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
Federal Aviation
Administration (FAA), DOT.
ACTION: Supplemental notice of
proposed rulemaking (NPRM);
reopening of comment period.
AGENCY:
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
https://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.,
SUMMARY:
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2131
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 https://
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 https://
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.
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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.
tkelley on DSK3SPTVN1PROD with PROPOSALS
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 workhour to .1 work-hour.
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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 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.
Request To Change Applicability
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.
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 FAAapproved 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.
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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
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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
2133
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
Cost per
product
Cost on U.S.
operators
Action
Labor cost
Parts cost
Inspecting the pouch containing the PBE for
proper vacuum seal.
Replace the PBE P/N 119003–11 with a
PBE P/N 119003–21.
.5 work-hour × $85 per hour = $42.50 .........
Not applicable ...
$42.50
$382,500
.5 work-hour × $85 per hour = $42.50 .........
$1,510 ..............
1,552.50
13,972,500
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.
tkelley on DSK3SPTVN1PROD with PROPOSALS
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,
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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.
§ 39.13
[Amended]
2. The FAA amends § 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
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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 FAAapproved 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
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Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Proposed Rules
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.
AGENCY:
address the unsafe condition on these
products.
DATES: We must receive comments on
this proposed AD by February 29, 2016.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://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 SOCATA,
Direction des services, 65921 Tarbes
Cedex 9, France; phone: +33 (0) 5 62 41
73 00; fax: +33 (0) 5 62 41 76 54; email:
info@socata.daher.com; Internet: https://
www.tbm.aero/. For the United States,
contact SOCATA NORTH AMERICA,
North Perry Airport, 601 NE 10 Street,
Pompano Beach, Florida 33060; phone:
(954) 366–3331; Internet: https://
www.socatanorthamerica.com/
default.htm. You may review copies of
the referenced service information at the
FAA, Small Airplane Directorate, 901
Locust, Kansas City, Missouri 64106.
FOR FURTHER INFORMATION CONTACT:
Albert Mercado, Aerospace Engineer,
FAA, Small Airplane Directorate, 901
Locust, Room 301, Kansas City,
Missouri 64106; telephone: (816) 329–
4119; fax: (816) 329–4090; email:
albert.mercado@faa.gov.
SUPPLEMENTARY INFORMATION:
We propose to adopt a new
airworthiness directive (AD) for
SOCATA Models MS 880B, MS 885, MS
892A–150, MS 892E–150, MS 893A, MS
893E, MS 894A, MS 894E, Rallye 100S,
Rallye 150ST, Rallye 150T, Rallye 235E,
and Rallye 235C airplanes that would
supersede AD 92–06–10. This proposed
AD results from mandatory continuing
airworthiness information (MCAI)
originated by an aviation authority of
another country to identify and correct
an unsafe condition on an aviation
product. The MCAI describes the unsafe
condition as fatigue failure of the nose
landing gear wheel axle. We are issuing
this proposed AD to require actions to
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–2016–0068; Directorate Identifier
2015–CE–037–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 https://
regulations.gov, including any personal
information you provide. We will also
post a report summarizing each
(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
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2016–0068; Directorate
Identifier 2015–CE–037–AD]
RIN 2120–AA64
Airworthiness Directives; SOCATA
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
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SUMMARY:
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substantive verbal contact we receive
about this proposed AD.
Discussion
On February 25, 1992, we issued AD
92–06–10, Amendment 39–8190 (57 FR
8063; March 6, 1992) (‘‘92–06–10’’).
That AD required actions intended to
address an unsafe condition on
SOCATA Models MS 880B, MS 885, MS
894A, MS 893A, MS 892A–150, MS
892E–150, MS 893E, MS 894E, Rallye
100S, Rallye 150T, Rallye 150ST, Rallye
235E, and Rallye 235C airplanes and
was based on mandatory continuing
airworthiness information (MCAI)
originated by an aviation authority of
another country.
Since we issued AD 92–06–10, new
findings led to an adjustment of the
inspection intervals.
The European Aviation Safety Agency
(EASA), which is the Technical Agent
for the Member States of the European
Community, has issued EASA AD 2015–
0203, dated October 7, 2015 (referred to
after this as ‘‘the MCAI’’), to correct an
unsafe condition for the specified
products. The MCAI states:
A nose landing gear (NLG) wheel axle
rupture occurred in service. The results of
the technical investigation revealed that this
failure was due to premature wear.
This condition, if not detected and
corrected, could lead to cracks in the axle
and detachment of axle and wheel, possibly
resulting in failure of the NLG with
consequent damage to the aeroplane and
injury to occupants.
To address this potential unsafe condition,
DGAC France issued AD 91–163(A) (later
revised twice) to require repetitive detailed
inspections (DET) of the NLG wheel axle and
replacement of the NLG wheel axle
attachment screws in accordance with the
instructions of SOCATA Service Bulletin
(SB) 150–32.
Since DGAC France AD 91–163(A)R2 was
issued, new findings led to an adjustment of
the inspection interval. Consequently,
SOCATA issued SB 150–32, now at Revision
3.
For the reasons described above, this new
AD retains the requirements of the DGAC
France AD 91–163(A)R2, which is
superseded, but requires these actions to be
accomplished within reduced intervals.
You may examine the MCAI on the
Internet at https://www.regulations.gov
by searching for and locating Docket No.
FAA–2016–0068.
Related Service Information Under
1 CFR Part 51
SOCATA has issued Daher-Socata
Mandatory Service Bulletin SB 150–32,
Revision 3, dated September 2015. The
service bulletin describes procedures for
inspection of the nose gear wheel axle.
This service information is reasonably
available because the interested parties
E:\FR\FM\15JAP1.SGM
15JAP1
Agencies
[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.
-----------------------------------------------------------------------
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 https://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 https://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 https://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
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------
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