Airworthiness Directives; Fire Fighting Enterprises Limited Portable Halon 1211 Fire Extinguishers as Installed on Various Transport Airplanes, Small Airplanes, and Rotorcraft, 221-224 [E9-31134]
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Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / Rules and Regulations
1252
3252
1 The
first two digits identify the bank’s
Federal Reserve District. For example, 01
identifies the First Federal Reserve District
(Boston), and l2 identifies the Twelfth District (San Francisco). Adding 2 to the first
digit denotes a thrift institution. For example, 21 identifies a thrift in the First District,
and 32 denotes a thrift in the Twelfth
District.
*
*
*
*
*
By order of the Board of Governors of the
Federal Reserve System, acting through the
Secretary of the Board under delegated
authority, December 30, 2009.
Jennifer J. Johnson,
Secretary of the Board.
[FR Doc. E9–31254 Filed 1–4–10; 8:45 am]
BILLING CODE 6210–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2009–1225; Directorate
Identifier 2009–NM–257–AD; Amendment
39–16159; AD 2010–01–03]
RIN 2120–AA64
Airworthiness Directives; Fire Fighting
Enterprises Limited Portable Halon
1211 Fire Extinguishers as Installed on
Various Transport Airplanes, Small
Airplanes, and Rotorcraft
AGENCY: Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for
comments.
SUMMARY: We are adopting a new
airworthiness directive (AD) for the
products listed above. This 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:
srobinson on DSKHWCL6B1PROD with RULES
The Civil Aviation Authority of the United
Kingdom (UK) has informed EASA
[European Aviation Safety Agency] that
significant quantities of Halon 1211 gas,
determined to be outside the required
specification, have been supplied to the
aviation industry for use in fire extinguishing
equipment. * * *
*
*
*
*
*
* * * This Halon 1211 has subsequently
been used to fill certain FFE [Fire Fighting
Enterprises] portable cabin and toilet
compartment fire extinguishers that are now
likely to be installed in or carried on board
aircraft.
The contaminated nature of this gas, when
used against a fire, may provide reduced fire
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16:35 Jan 04, 2010
Jkt 220001
suppression, endangering the safety of the
aircraft and its occupants. In addition,
extinguisher activation may lead to release of
toxic fumes, possibly causing injury to
aircraft occupants.
*
*
*
*
*
This AD requires actions that are
intended to address the unsafe
condition described in the MCAI.
DATES: This AD becomes effective
January 20, 2010.
We must receive comments on this
AD by February 19, 2010.
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
W12–40, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at the
Docket Operations office 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 street address for
the Docket Operations 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: Dan
Rodina, Aerospace Engineer,
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone
(425) 227–2125; fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
221
The Civil Aviation Authority of the United
Kingdom (UK) has informed EASA that
significant quantities of Halon 1211 gas,
determined to be outside the required
specification, have been supplied to the
aviation industry for use in fire extinguishing
equipment. Halon 1211 (BCF) is used in
handheld fire extinguishers, usually fitted or
stowed in aircraft cabins.
EASA published Safety Information
Bulletin (SIB) 2009–39 on 23 October 2009 to
make the aviation community aware of this
safety concern.
The results of the ongoing investigation
now show that LyonTech Engineering Ltd, a
UK-based company, has supplied a quantity
of heavily contaminated Halon 1211 (BCF) to
Fire Fighting Enterprises (FFE). This Halon
1211 has subsequently been used to fill
certain FFE portable fire extinguishers that
are now likely to be installed in or carried
on board aircraft.
The contaminated nature of this gas, when
used against a fire, may lead to release of
toxic fumes, possibly causing injury to
aircraft occupants.
For the reason described above, this EASA
AD requires the identification and removal
from service of all affected fire extinguishers
and replacement with serviceable units.
EASA AD 2009–0262 adds the
following:
* * * On 25 November 2009, EASA
Emergency AD 2009–0251E was published to
address an earlier batch of extinguishers with
contaminated Halon 1211.
The results of the ongoing investigation
have now established that LyonTech
Engineering Ltd, a UK-based company, has
supplied further consignments of Halon 1211
(BCF) to Fire Fighting Enterprises (FFE) that
do not meet the required specification. This
Halon 1211 has subsequently been used to
fill certain FFE portable cabin and toilet
compartment fire extinguishers that are now
likely to be installed in or carried on board
aircraft.
The contaminated nature of this gas, when
used against a fire, may provide reduced fire
suppression, endangering the safety of the
aircraft and its occupants. In addition,
extinguisher activation may lead to release of
toxic fumes, possibly causing injury to
aircraft occupants.
*
*
*
*
*
You may obtain further information by
examining the MCAI in the AD docket.
Discussion
FAA’s Determination and Requirements
of This AD
The European Aviation Safety Agency
(EASA), which is the Technical Agent
for the Member States of the European
Community, has issued Emergency
Airworthiness Directive 2009–0251–E,
dated November 25, 2009, and
Airworthiness Directive 2009–0262,
dated December 15, 2009 (referred to
after this as ‘‘the MCAI’’), to correct an
unsafe condition for the specified
products. EASA AD 2009–0251–E
states:
This product has been approved by
the aviation authority of another
country, and is approved for operation
in the United States. Pursuant to our
bilateral agreement with the State of
Design Authority, we have been notified
of the unsafe condition described in the
MCAI and service information
referenced above. We are issuing this
AD because we evaluated all pertinent
information and determined the unsafe
condition exists and is likely to exist or
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Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / Rules and Regulations
develop on other products of the same
type design.
Differences Between the AD and the
MCAI
We have reviewed the MCAI and, in
general, agree with their substance. But
we might have found it necessary to use
different words from those in the MCAI
to ensure the AD is clear for U.S.
operators and is enforceable. In making
these changes, we do not intend to differ
substantively from the information
provided in the MCAI and related
service information.
We might also have required different
actions in this AD from those in the
MCAI in order to follow FAA policies.
Any such differences are highlighted in
a Note within the AD.
FAA’s Determination of the Effective
Date
An unsafe condition exists that
requires the immediate adoption of this
AD. The FAA has found that the risk to
the flying public justifies waiving notice
and comment prior to adoption of this
rule because contaminated Halon 1211
gas has been used to fill certain portable
cabin and toilet compartment fire
extinguishers that are now likely to be
installed in or carried on board aircraft.
The contaminated nature of this gas,
when used against a fire, may provide
reduced fire suppression, endangering
the safety of the aircraft and its
occupants. In addition, extinguisher
activation may lead to release of toxic
fumes, possibly causing injury to
aircraft occupants. Therefore, we
determined that notice and opportunity
for public comment before issuing this
AD are impracticable and that good
cause exists for making this amendment
effective in less than 30 days.
Comments Invited
This AD is a final rule that involves
requirements affecting flight safety, and
we did not precede it by notice and
opportunity for public comment. We
invite you to send any written relevant
data, views, or arguments about this AD.
Send your comments to an address
listed under the ADDRESSES section.
Include ‘‘Docket No. FAA–2009–1225;
Directorate Identifier 2009–NM–257–
AD’’ at the beginning of your comments.
We specifically invite comments on the
overall regulatory, economic,
environmental, and energy aspects of
this AD. We will consider all comments
received by the closing date and may
amend this 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 AD.
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); 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.
We prepared a regulatory evaluation
of the estimated costs to comply with
this AD and placed it in the AD docket.
Authority for This Rulemaking
Adoption of the Amendment
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 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 this AD:
Affected ADs
(b) None.
Applicability
(c) This AD applies to portable Halon 1211
(BCF) fire extinguishers manufactured by
Fire Fighting Enterprises Limited. These fire
extinguishers may be installed on (or carried
or stowed on board) various transport
airplanes, small airplanes, and rotorcraft,
certificated in any category, identified in but
not limited to the airplanes and rotorcraft of
the manufacturers included in Table 1 of this
AD, all type-certificated models.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Safety.
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.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
■
2010–01–03 Fire Fighting Enterprises
Limited: Amendment 39–16159. Docket
No. FAA–2009–1225; Directorate
Identifier 2009–NM–257–AD.
Effective Date
(a) This airworthiness directive (AD)
becomes effective January 20, 2010.
TABLE 1—AFFECTED AIRPLANES AND ROTORCRAFT
srobinson on DSKHWCL6B1PROD with RULES
Manufacturer
Product subtype
328 Support Services GmbH (Type Certificate previously held by AvCraft Aerospace GmbH; Fairchild Dornier GmbH;
Dornier Luftfahrt GmbH).
Aermacchi S.p.A ...................................................................................................................................................................
Agusta S.p.A .........................................................................................................................................................................
AgustaWestland ....................................................................................................................................................................
Airbus (Type Certificate previously held by Airbus Industrie) ..............................................................................................
´ ´
Aircraft Industries a.s. (Type Certificate previously held by LETECKE ZAVODY a.s.; LET Aeronautical Works) ..............
Alenia Aeronautica ................................................................................................................................................................
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16:35 Jan 04, 2010
Jkt 220001
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Transport Airplane.
Small Airplane.
Rotorcraft.
Rotorcraft.
Transport Airplane.
Small Airplane.
Transport Airplane.
Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / Rules and Regulations
223
TABLE 1—AFFECTED AIRPLANES AND ROTORCRAFT—Continued
Manufacturer
Product subtype
B–N Group Ltd (Type Certificate previously held by Pilatus Britten-Norman Limited; Britten-Norman (Bembridge) Limited).
BAE Systems (Operations) Limited (Type Certificate previously held by British Aerospace Regional Aircraft; British
Aerospace (Commercial Aircraft) Limited; Jetstream Aircraft Limited; British Aerospace, PLC; Avro International
Aerospace Division; British Aerospace).
The Boeing Company ...........................................................................................................................................................
Empresa Brasileira de Aeronautica S.A. (EMBRAER) .........................................................................................................
Eurocopter Deutschland GMBH (ECD) (Type Certificate previously held by Messerschmitt-Bolkow-Blohm-Gmbh) .........
Eurocopter France ................................................................................................................................................................
Fokker Services B.V .............................................................................................................................................................
Hawker Beechcraft (Type Certificate previously held by Raytheon Aircraft Company; Beech Aircraft Corporation) ..........
Pilatus Aircraft Ltd .................................................................................................................................................................
Saab AB, Saab Aerosystems (Type Certificate previously held by SAAB AIRCRAFT AB; SAAB-Fairchild) .....................
Short Brothers PLC (Type Certificate previously held by Short Brothers, Ltd.) ...................................................................
Triton America LLC (Type Certificate previously held by AAI Acquisition, Inc; Adam Aircraft) ...........................................
Vulcanair S.p.A. (Type Certificate previously held by Partenavia Costruzioni Aeronautiche S.p.A) ...................................
Subject
(d) Air Transport Association (ATA) of
America Code 26: Fire Protection.
Reason
(e) The mandatory continuing
airworthiness information (MCAI) consists of
two European Aviation Safety Agency
(EASA) ADs: 2009–0251–E, dated November
25, 2009, and 2009–0262, dated December
15, 2009. EASA AD 2009–0251–E states:
The Civil Aviation Authority of the United
Kingdom (UK) has informed EASA that
significant quantities of Halon 1211 gas,
determined to be outside the required
specification, have been supplied to the
aviation industry for use in fire extinguishing
equipment. Halon 1211 (BCF) is used in
handheld fire extinguishers, usually fitted or
stowed in aircraft cabins.
EASA published Safety Information
Bulletin (SIB) 2009–39 on 23 October 2009 to
make the aviation community aware of this
safety concern.
The results of the ongoing investigation
now show that LyonTech Engineering Ltd, a
UK-based company, has supplied a quantity
of heavily contaminated Halon 1211 (BCF) to
Fire Fighting Enterprises (FFE). This Halon
1211 has subsequently been used to fill
certain FFE portable fire extinguishers that
are now likely to be installed in or carried
on board aircraft.
The contaminated nature of this gas, when
used against a fire, may lead to release of
toxic fumes, possibly causing injury to
aircraft occupants.
For the reason described above, this EASA
AD requires the identification and removal
from service of all affected fire extinguishers
and replacement with serviceable units.
EASA AD 2009–0262 adds the following:
srobinson on DSKHWCL6B1PROD with RULES
*
*
*
*
*
* * * On 25 November 2009, EASA
Emergency AD 2009–0251E was published to
address an earlier batch of extinguishers with
contaminated Halon 1211.
The results of the ongoing investigation
have now established that LyonTech
Engineering Ltd, a UK-based company, has
supplied further consignments of Halon 1211
(BCF) to Fire Fighting Enterprises (FFE) that
do not meet the required specification. This
VerDate Nov<24>2008
16:35 Jan 04, 2010
Jkt 220001
Halon 1211 has subsequently been used to
fill certain FFE portable cabin and toilet
compartment fire extinguishers that are now
likely to be installed in or carried on board
aircraft.
The contaminated nature of this gas, when
used against a fire, may provide reduced fire
suppression, endangering the safety of the
aircraft and its occupants. In addition,
extinguisher activation may lead to release of
toxic fumes, possibly causing injury to
aircraft occupants.
*
*
*
*
*
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.
Actions
(g) Do the following actions.
(1) Within 90 days after the effective date
of this AD, replace portable Halon 1211
(BCF) fire extinguishers manufactured by
Fire Fighting Enterprises Limited with
serviceable fire extinguishers; except as
provided by paragraph (g)(2) of this AD.
(2) Fire extinguishers identified in
paragraphs (g)(2)(i) and (g)(2)(ii) of this AD
are not required to be replaced.
(i) Fire extinguishers conclusively
determined to have been most recently filled
with Halon 1211 supplied by a company
other than LyonTech Engineering Limited.
(ii) Fire extinguishers that have been most
recently filled by LyonTech Engineering
Limited and that are conclusively determined
by Fire Fighting Enterprises Limited to be
filled with Halon 1211 that meets their
design specification for Halon purity.
(3) As of the effective date of this AD, do
not install any portable fire extinguisher
manufactured by Fire Fighting Enterprises
Limited unless it has been conclusively
determined that the last time it was filled, it
was filled with Halon 1211 supplied by a
company other than LyonTech Engineering
Limited; or it has been conclusively
determined by Fire Fighting Enterprises
Limited that the last time it was filled, it was
filled with Halon 1211 that meets their
design specification for Halon purity.
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Small Airplane.
Transport Airplane.
Transport Airplane.
Transport Airplane.
Rotorcraft.
Rotorcraft.
Transport Airplane.
Small Airplane.
Small Airplane.
Transport Airplane.
Transport Airplane.
Small Airplane.
Small Airplane.
FAA AD Differences
Note: This AD differs from the MCAI and/
or service information as follows:
(1) EASA ADs 2009–0251–E and 2009–
0262 specify to inspect for certain fire
extinguishers manufactured by Fire Fighting
Enterprises Limited and replace if necessary.
This AD requires replacing all fire
extinguishers manufactured by Fire Fighting
Enterprises Limited except as provided in
paragraph (g)(2) of this AD.
(2) EASA AD 2009–0251–E specifies a time
of 2 days to do the actions and EASA AD
2009–0262 specifies a time of 30 days to do
the actions. This AD requires that the actions
be done within 90 days. We have determined
that a 90-day compliance time will ensure an
acceptable level of safety.
Other FAA AD Provisions
(h) The following provisions also apply to
this AD:
(1) Alternative Methods of Compliance
(AMOCs): The manager of the office having
certificate responsibility for the affected
product has the authority to approve AMOCs
for this AD, if requested using the procedures
found in 14 CFR 39.19. The Manager,
International Branch, ANM–116, Transport
Airplane Directorate, FAA, will coordinate
requests for approval of AMOCs with the
manager of the appropriate office for the
affected product. Send information to ATTN:
Dan Rodina, Aerospace Engineer,
International Branch, ANM–116, Transport
Airplane Directorate, FAA, 1601 Lind
Avenue, SW., Renton, Washington 98057–
3356; telephone (425) 227–2125; fax (425)
227–1149. 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.
(2) Airworthy Product: For any
requirement in this AD to obtain corrective
actions from a manufacturer or other source,
use these actions if they are FAA-approved.
Corrective actions are considered FAAapproved if they are approved by the State
of Design Authority (or their delegated
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Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / Rules and Regulations
agent). You are required to assure the product
is airworthy before it is returned to service.
(3) Reporting Requirements: For any
reporting requirement in this AD, under the
provisions of the Paperwork Reduction Act
(44 U.S.C. 3501 et seq.), the Office of
Management and Budget (OMB) has
approved the information collection
requirements and has assigned OMB Control
Number 2120–0056.
Related Information
(i) Refer to MCAI EASA Emergency
Airworthiness Directive 2009–0251–E, dated
November 25, 2009; and EASA
Airworthiness Directive 2009–0262, dated
December 15, 2009; for related information.
Material Incorporated by Reference
(j) None.
Issued in Washington, DC, on December
28, 2009.
Kalene C. Yanamura,
Acting Director, Aircraft Certification Service.
[FR Doc. E9–31134 Filed 1–4–10; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2009–0785; Directorate
Identifier 2009–NM–125–AD; Amendment
39–16163; AD 2010–01–06]
RIN 2120–AA64
Airworthiness Directives; Bombardier,
Inc. (Type Certificate Previously Held
by de Havilland, Inc.) Model DHC–8–
400 Series Airplanes
AGENCY: Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
srobinson on DSKHWCL6B1PROD with RULES
SUMMARY: We are superseding an
existing airworthiness directive (AD) for
the products listed above. This 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:
There has been one case reported of failure
of a shaft (tailstock) on an elevator Power
Control Unit (PCU), Part Number (P/N)
390600–1007. Continued actuation of the
affected PCU caused damage to the
surrounding structure. * * *
Each elevator surface has three PCUs,
powered by separate independent hydraulic
systems, and a single elevator PCU shaft
failure may remain dormant. Such a dormant
loss of redundancy, coupled with the
potential for a failed shaft to produce
collateral damage, including damage to
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16:35 Jan 04, 2010
Jkt 220001
hydraulic lines, could possibly affect the
controllability of the aircraft.
*
*
*
*
*
We are issuing this AD to require
actions to correct the unsafe condition
on these products.
DATES: This AD becomes effective
February 9, 2010.
On June 26, 2009 (74 FR 27686, June
11, 2009), the Director of the Federal
Register approved the incorporation by
reference of certain publications listed
in this AD.
ADDRESSES: You may examine the AD
docket on the Internet at https://
www.regulations.gov or in person at the
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC.
FOR FURTHER INFORMATION CONTACT:
Cesar Gomez, Aerospace Engineer,
Airframe and Mechanical Systems
Branch, ANE–171, FAA, New York
Aircraft Certification Office, 1600
Stewart Avenue, Suite 410, Westbury,
New York 11590; telephone (516) 228–
7318; fax (516) 794–5531.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to the specified products. That
NPRM was published in the Federal
Register on September 4, 2009 (74 FR
45787), and proposed to supersede AD
2009–12–13, Amendment 39–15936 (74
FR 27686, June 11, 2009). That NPRM
proposed to correct an unsafe condition
for the specified products.
When we issued AD 2009–12–13, the
eventual replacement of all elevator
power control units identified in
paragraph (f)(1) of that AD was not
required. We have now determined that
further rulemaking is necessary for this
action, and this AD follows from that
determination. We are mandating the
optional terminating action in paragraph
(f)(3) of AD 2009–12–13 in this AD. You
may obtain further information by
examining the MCAI in the AD docket.
Comments
We gave the public the opportunity to
participate in developing this AD. We
received no comments on the NPRM or
on the determination of the cost to the
public.
Explanation of Change to Alternative
Method of Compliance Paragraph
We have updated paragraph (h)(1) of
this AD to provide the appropriate
contact information to use when
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submitting requests for approval of an
alternative method of compliance
(AMOC).
Explanation of Changes Made to This
AD
We have revised this AD to identify
the legal name of the manufacturer as
published in the most recent type
certificate data sheet for the affected
airplane models.
Conclusion
We reviewed the available data and
determined that air safety and the
public interest require adopting the AD
with the changes described previously.
We determined that these changes will
not increase the economic burden on
any operator or increase the scope of the
AD.
Differences Between This AD and the
MCAI or Service Information
We have reviewed the MCAI and
related service information and, in
general, agree with their substance. But
we might have found it necessary to use
different words from those in the MCAI
to ensure the AD is clear for U.S.
operators and is enforceable. In making
these changes, we do not intend to differ
substantively from the information
provided in the MCAI and related
service information.
We might also have required different
actions in this AD from those in the
MCAI in order to follow our FAA
policies. Any such differences are
highlighted in a Note within the AD.
Costs of Compliance
We estimate that this AD will affect
about 61 products of U.S. registry.
The actions that are required by AD
2009–12–13 and retained in this AD
take about 3 work-hours per product, at
an average labor rate of $80 per work
hour. Based on these figures, the
estimated cost of the currently required
actions is $240 per product.
We estimate that it will take about 13
work-hours per product to comply with
the new basic requirements of this AD.
The average labor rate is $80 per workhour. Required parts will cost about $0
per product. Where the service
information lists required parts costs
that are covered under warranty, we
have assumed that there will be no
charge for these costs. As we do not
control warranty coverage for affected
parties, some parties may incur costs
higher than estimated here. Based on
these figures, we estimate the cost of
this AD to the U.S. operators to be
$63,440, or $1,040 per product.
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05JAR1
]]>Agencies
[Federal Register Volume 75, Number 2 (Tuesday, January 5, 2010)]
[Rules and Regulations]
[Pages 221-224]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-31134]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-1225; Directorate Identifier 2009-NM-257-AD;
Amendment 39-16159; AD 2010-01-03]
RIN 2120-AA64
Airworthiness Directives; Fire Fighting Enterprises Limited
Portable Halon 1211 Fire Extinguishers as Installed on Various
Transport Airplanes, Small Airplanes, and Rotorcraft
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for comments.
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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This 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:
The Civil Aviation Authority of the United Kingdom (UK) has
informed EASA [European Aviation Safety Agency] that significant
quantities of Halon 1211 gas, determined to be outside the required
specification, have been supplied to the aviation industry for use
in fire extinguishing equipment. * * *
* * * * *
* * * This Halon 1211 has subsequently been used to fill certain
FFE [Fire Fighting Enterprises] portable cabin and toilet
compartment fire extinguishers that are now likely to be installed
in or carried on board aircraft.
The contaminated nature of this gas, when used against a fire,
may provide reduced fire suppression, endangering the safety of the
aircraft and its occupants. In addition, extinguisher activation may
lead to release of toxic fumes, possibly causing injury to aircraft
occupants.
* * * * *
This AD requires actions that are intended to address the unsafe
condition described in the MCAI.
DATES: This AD becomes effective January 20, 2010.
We must receive comments on this AD by February 19, 2010.
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 W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
Examining the AD Docket
You may examine the AD docket on the Internet at https://www.regulations.gov; or in person at the Docket Operations office
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 street address for
the Docket Operations 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: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2125; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Discussion
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued
Emergency Airworthiness Directive 2009-0251-E, dated November 25, 2009,
and Airworthiness Directive 2009-0262, dated December 15, 2009
(referred to after this as ``the MCAI''), to correct an unsafe
condition for the specified products. EASA AD 2009-0251-E states:
The Civil Aviation Authority of the United Kingdom (UK) has
informed EASA that significant quantities of Halon 1211 gas,
determined to be outside the required specification, have been
supplied to the aviation industry for use in fire extinguishing
equipment. Halon 1211 (BCF) is used in handheld fire extinguishers,
usually fitted or stowed in aircraft cabins.
EASA published Safety Information Bulletin (SIB) 2009-39 on 23
October 2009 to make the aviation community aware of this safety
concern.
The results of the ongoing investigation now show that LyonTech
Engineering Ltd, a UK-based company, has supplied a quantity of
heavily contaminated Halon 1211 (BCF) to Fire Fighting Enterprises
(FFE). This Halon 1211 has subsequently been used to fill certain
FFE portable fire extinguishers that are now likely to be installed
in or carried on board aircraft.
The contaminated nature of this gas, when used against a fire,
may lead to release of toxic fumes, possibly causing injury to
aircraft occupants.
For the reason described above, this EASA AD requires the
identification and removal from service of all affected fire
extinguishers and replacement with serviceable units.
EASA AD 2009-0262 adds the following:
* * * On 25 November 2009, EASA Emergency AD 2009-0251E was
published to address an earlier batch of extinguishers with
contaminated Halon 1211.
The results of the ongoing investigation have now established
that LyonTech Engineering Ltd, a UK-based company, has supplied
further consignments of Halon 1211 (BCF) to Fire Fighting
Enterprises (FFE) that do not meet the required specification. This
Halon 1211 has subsequently been used to fill certain FFE portable
cabin and toilet compartment fire extinguishers that are now likely
to be installed in or carried on board aircraft.
The contaminated nature of this gas, when used against a fire,
may provide reduced fire suppression, endangering the safety of the
aircraft and its occupants. In addition, extinguisher activation may
lead to release of toxic fumes, possibly causing injury to aircraft
occupants.
* * * * *
You may obtain further information by examining the MCAI in the AD
docket.
FAA's Determination and Requirements of This AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are issuing this AD because we
evaluated all pertinent information and determined the unsafe condition
exists and is likely to exist or
[[Page 222]]
develop on other products of the same type design.
Differences Between the AD and the MCAI
We have reviewed the MCAI and, in general, agree with their
substance. But we might have found it necessary to use different words
from those in the MCAI to ensure the AD is clear for U.S. operators and
is enforceable. In making these changes, we do not intend to differ
substantively from the information provided in the MCAI and related
service information.
We might also have required different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a Note within the AD.
FAA's Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because
contaminated Halon 1211 gas has been used to fill certain portable
cabin and toilet compartment fire extinguishers that are now likely to
be installed in or carried on board aircraft. The contaminated nature
of this gas, when used against a fire, may provide reduced fire
suppression, endangering the safety of the aircraft and its occupants.
In addition, extinguisher activation may lead to release of toxic
fumes, possibly causing injury to aircraft occupants. Therefore, we
determined that notice and opportunity for public comment before
issuing this AD are impracticable and that good cause exists for making
this amendment effective in less than 30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2009-1225; Directorate
Identifier 2009-NM-257-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this 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 AD.
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 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 this AD:
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); 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.
We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, 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 AD:
2010-01-03 Fire Fighting Enterprises Limited: Amendment 39-16159.
Docket No. FAA-2009-1225; Directorate Identifier 2009-NM-257-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective January
20, 2010.
Affected ADs
(b) None.
Applicability
(c) This AD applies to portable Halon 1211 (BCF) fire
extinguishers manufactured by Fire Fighting Enterprises Limited.
These fire extinguishers may be installed on (or carried or stowed
on board) various transport airplanes, small airplanes, and
rotorcraft, certificated in any category, identified in but not
limited to the airplanes and rotorcraft of the manufacturers
included in Table 1 of this AD, all type-certificated models.
Table 1--Affected Airplanes and Rotorcraft
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Manufacturer Product subtype
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328 Support Services GmbH (Type Transport Airplane.
Certificate previously held by AvCraft
Aerospace GmbH; Fairchild Dornier GmbH;
Dornier Luftfahrt GmbH).
Aermacchi S.p.A.......................... Small Airplane.
Agusta S.p.A............................. Rotorcraft.
AgustaWestland........................... Rotorcraft.
Airbus (Type Certificate previously held Transport Airplane.
by Airbus Industrie).
Aircraft Industries a.s. (Type Small Airplane.
Certificate previously held by
LETECK[Eacute] Z[Aacute]VODY a.s.; LET
Aeronautical Works).
Alenia Aeronautica....................... Transport Airplane.
[[Page 223]]
B-N Group Ltd (Type Certificate Small Airplane.
previously held by Pilatus Britten-
Norman Limited; Britten-Norman
(Bembridge) Limited).
BAE Systems (Operations) Limited (Type Transport Airplane.
Certificate previously held by British
Aerospace Regional Aircraft; British
Aerospace (Commercial Aircraft) Limited;
Jetstream Aircraft Limited; British
Aerospace, PLC; Avro International
Aerospace Division; British Aerospace).
The Boeing Company....................... Transport Airplane.
Empresa Brasileira de Aeronautica S.A. Transport Airplane.
(EMBRAER).
Eurocopter Deutschland GMBH (ECD) (Type Rotorcraft.
Certificate previously held by
Messerschmitt-Bolkow-Blohm-Gmbh).
Eurocopter France........................ Rotorcraft.
Fokker Services B.V...................... Transport Airplane.
Hawker Beechcraft (Type Certificate Small Airplane.
previously held by Raytheon Aircraft
Company; Beech Aircraft Corporation).
Pilatus Aircraft Ltd..................... Small Airplane.
Saab AB, Saab Aerosystems (Type Transport Airplane.
Certificate previously held by SAAB
AIRCRAFT AB; SAAB[dash]Fairchild).
Short Brothers PLC (Type Certificate Transport Airplane.
previously held by Short Brothers, Ltd.).
Triton America LLC (Type Certificate Small Airplane.
previously held by AAI Acquisition, Inc;
Adam Aircraft).
Vulcanair S.p.A. (Type Certificate Small Airplane.
previously held by Partenavia
Costruzioni Aeronautiche S.p.A).
------------------------------------------------------------------------
Subject
(d) Air Transport Association (ATA) of America Code 26: Fire
Protection.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
consists of two European Aviation Safety Agency (EASA) ADs: 2009-
0251-E, dated November 25, 2009, and 2009-0262, dated December 15,
2009. EASA AD 2009-0251-E states:
The Civil Aviation Authority of the United Kingdom (UK) has
informed EASA that significant quantities of Halon 1211 gas,
determined to be outside the required specification, have been
supplied to the aviation industry for use in fire extinguishing
equipment. Halon 1211 (BCF) is used in handheld fire extinguishers,
usually fitted or stowed in aircraft cabins.
EASA published Safety Information Bulletin (SIB) 2009-39 on 23
October 2009 to make the aviation community aware of this safety
concern.
The results of the ongoing investigation now show that LyonTech
Engineering Ltd, a UK-based company, has supplied a quantity of
heavily contaminated Halon 1211 (BCF) to Fire Fighting Enterprises
(FFE). This Halon 1211 has subsequently been used to fill certain
FFE portable fire extinguishers that are now likely to be installed
in or carried on board aircraft.
The contaminated nature of this gas, when used against a fire,
may lead to release of toxic fumes, possibly causing injury to
aircraft occupants.
For the reason described above, this EASA AD requires the
identification and removal from service of all affected fire
extinguishers and replacement with serviceable units.
EASA AD 2009-0262 adds the following:
* * * * *
* * * On 25 November 2009, EASA Emergency AD 2009-0251E was
published to address an earlier batch of extinguishers with
contaminated Halon 1211.
The results of the ongoing investigation have now established
that LyonTech Engineering Ltd, a UK-based company, has supplied
further consignments of Halon 1211 (BCF) to Fire Fighting
Enterprises (FFE) that do not meet the required specification. This
Halon 1211 has subsequently been used to fill certain FFE portable
cabin and toilet compartment fire extinguishers that are now likely
to be installed in or carried on board aircraft.
The contaminated nature of this gas, when used against a fire,
may provide reduced fire suppression, endangering the safety of the
aircraft and its occupants. In addition, extinguisher activation may
lead to release of toxic fumes, possibly causing injury to aircraft
occupants.
* * * * *
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.
Actions
(g) Do the following actions.
(1) Within 90 days after the effective date of this AD, replace
portable Halon 1211 (BCF) fire extinguishers manufactured by Fire
Fighting Enterprises Limited with serviceable fire extinguishers;
except as provided by paragraph (g)(2) of this AD.
(2) Fire extinguishers identified in paragraphs (g)(2)(i) and
(g)(2)(ii) of this AD are not required to be replaced.
(i) Fire extinguishers conclusively determined to have been most
recently filled with Halon 1211 supplied by a company other than
LyonTech Engineering Limited.
(ii) Fire extinguishers that have been most recently filled by
LyonTech Engineering Limited and that are conclusively determined by
Fire Fighting Enterprises Limited to be filled with Halon 1211 that
meets their design specification for Halon purity.
(3) As of the effective date of this AD, do not install any
portable fire extinguisher manufactured by Fire Fighting Enterprises
Limited unless it has been conclusively determined that the last
time it was filled, it was filled with Halon 1211 supplied by a
company other than LyonTech Engineering Limited; or it has been
conclusively determined by Fire Fighting Enterprises Limited that
the last time it was filled, it was filled with Halon 1211 that
meets their design specification for Halon purity.
FAA AD Differences
Note: This AD differs from the MCAI and/or service information
as follows:
(1) EASA ADs 2009-0251-E and 2009-0262 specify to inspect for
certain fire extinguishers manufactured by Fire Fighting Enterprises
Limited and replace if necessary. This AD requires replacing all
fire extinguishers manufactured by Fire Fighting Enterprises Limited
except as provided in paragraph (g)(2) of this AD.
(2) EASA AD 2009-0251-E specifies a time of 2 days to do the
actions and EASA AD 2009-0262 specifies a time of 30 days to do the
actions. This AD requires that the actions be done within 90 days.
We have determined that a 90-day compliance time will ensure an
acceptable level of safety.
Other FAA AD Provisions
(h) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The manager of
the office having certificate responsibility for the affected
product has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
will coordinate requests for approval of AMOCs with the manager of
the appropriate office for the affected product. Send information to
ATTN: Dan Rodina, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone (425) 227-2125; fax (425) 227-1149.
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.
(2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated
[[Page 224]]
agent). You are required to assure the product is airworthy before
it is returned to service.
(3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.
Related Information
(i) Refer to MCAI EASA Emergency Airworthiness Directive 2009-
0251-E, dated November 25, 2009; and EASA Airworthiness Directive
2009-0262, dated December 15, 2009; for related information.
Material Incorporated by Reference
(j) None.
Issued in Washington, DC, on December 28, 2009.
Kalene C. Yanamura,
Acting Director, Aircraft Certification Service.
[FR Doc. E9-31134 Filed 1-4-10; 8:45 am]
BILLING CODE 4910-13-P
