Airworthiness Directives; SICLI Halon 1211 Portable Fire Extinguishers as Installed on Various Airplanes and Rotorcraft, 7342-7345 [2010-3223]
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Federal Register / Vol. 75, No. 33 / Friday, February 19, 2010 / Rules and Regulations
federalism principles addressed by the
Executive Order. This rule 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. Accordingly, this
rule does not constitute a policy that has
federalism implications for purposes of
the Executive Order.
Treasury and General Government
Appropriations Act, 1999
NCUA has determined that the rule
will not affect family well-being within
the meaning of section 654 of the
Treasury and General Government
Appropriations Act, 1999, Public Law
105–277, 112 Stat. 2681 (1998).
Small Business Regulatory Enforcement
Fairness Act
The Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub.
L. 104–121) (SBREFA) provides
generally for congressional review of
agency rules. A reporting requirement is
triggered in instances where NCUA
issues a final rule as defined by Section
551 of the APA. 5 U.S.C. 551. NCUA
does not believe this interim final rule
is a ‘‘major rule’’ within the meaning of
the relevant sections of SBREFA. NCUA
has submitted the rule to the Office of
Management and Budget for its
determination in that regard.
List of Subjects in 12 CFR Part 701
Credit, Credit unions, Mortgages.
By the National Credit Union
Administration Board, this 9th day of
February, 2010.
Mary F. Rupp,
Secretary of the Board.
For the reasons discussed above, 12
CFR part 701 is amended as follows:
■
PART 701—ORGANIZATION AND
OPERATIONS OF FEDERAL CREDIT
UNIONS
1. The authority citation for part 701
continues to read as follows:
srobinson on DSKHWCL6B1PROD with RULES
■
Authority: 12 U.S.C. 1752(5), 1755, 1756,
1757, 1758, 1759, 1761a, 1761b, 1766, 1767,
1782, 1784, 1786, 1787, 1789. Section 701.6
is also authorized by 15 U.S.C. 3717. Section
701.31 is also authorized by 15 U.S.C. 1601
et seq.; 42 U.S.C. 1981 and 3601–3610.
Section 701.35 is also authorized by 42
U.S.C. 4311–4312.
2. Amend § 701.34 by adding a
sentence to the end of paragraph (b)(7)
introductory text, adding paragraphs
(b)(7)(i) and (ii), and adding paragraph
(d)(4) to read as follows:
■
VerDate Nov<24>2008
16:08 Feb 18, 2010
Jkt 220001
§ 701.34 Designation of low income status;
Acceptance of secondary capital accounts
by low-income designated credit unions.
*
*
*
*
*
(b) * * *
(7) * * * In instances where a LICU
accepts secondary capital from the
United States Government or any of its
subdivisions under the Community
Development Capital Program of 2010
(‘‘CDCP secondary capital’’) and
matching funds are required under the
Program and are on deposit in the form
of secondary capital at the time a loss
is realized, a LICU must apply either of
the following pro-rata loss distribution
procedures to the CDCP secondary
capital and its matching secondary
capital with respect to the loss:
(i) If not inconsistent with any
agreements governing other secondary
capital on deposit at the time a loss is
realized, the CDC secondary capital may
be excluded from the calculation of the
pro-rata loss distribution until all of its
matching secondary capital has been
depleted or properly redeemed, thereby
causing the CDC secondary capital to be
held as senior to all other secondary
capital until its matching secondary
capital is exhausted. The CDCP
secondary capital should be included in
the calculation of the pro-rata loss
distribution and is available to cover the
loss only after all of its matching
secondary capital has been depleted or
properly redeemed.
(ii) Regardless of any agreements
applicable to other secondary capital,
the CDCP secondary capital and its
matching secondary capital may be
considered a single account for
purposes of determining a pro-rata share
of the loss and the amount determined
as the pro-rata share for the combined
account must first be applied to the
matching secondary capital account,
thereby causing the CDCP secondary
capital to be held as senior to its
matching secondary capital. The CDCP
secondary capital is available to cover
the loss only after all of its matching
secondary capital has been depleted or
properly redeemed.
*
*
*
*
*
(d) * * *
(4) Early redemption exception.
Subject to the written approval of the
appropriate Regional Director obtained
pursuant to the requirements of
paragraphs (d)(1) and (2) of this section,
a LICU can redeem all or part of
secondary capital accepted from the
United States Government or any of its
subdivisions at any time after the
secondary capital has been on deposit
for two years. If the secondary capital
was accepted under conditions that
required matching secondary capital
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from a source other than the Federal
Government, the matching secondary
capital may also be redeemed in the
manner set forth in the preceding
sentence. For purposes of obtaining the
appropriate Regional Director’s
approval, all secondary capital a LICU
accepts from the United States
Government or any of its subdivisions,
as well as its matching secondary
capital, if any, is eligible for early
redemption regardless of whether any
part of the secondary capital has been
discounted pursuant to paragraph (c)(2)
of this section.
*
*
*
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*
[FR Doc. 2010–3160 Filed 2–18–10; 8:45 am]
BILLING CODE 7535–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2010–0126; Directorate
Identifier 2010–NM–015–AD; Amendment
39–16209; AD 2010–04–16]
RIN 2120–AA64
Airworthiness Directives; SICLI Halon
1211 Portable Fire Extinguishers as
Installed on Various 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:
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 P/N [part number]
1708337B4 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 provide reduced fire
suppression, endangering the safety of the
aircraft and its occupants. In addition,
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Federal Register / Vol. 75, No. 33 / Friday, February 19, 2010 / Rules and Regulations
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
March 8, 2010.
We must receive comments on this
AD by April 5, 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.
srobinson on DSKHWCL6B1PROD with RULES
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: For
transport airplanes: 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.
For small airplanes: Leslie B. Taylor,
Aerospace Engineer, Standards Staff,
Small Airplane Directorate, FAA, 901
Locust Street, Room 301, Kansas City,
MO 64106; telephone (816) 329–4134;
fax (816) 329–4090.
For rotorcraft: DOT/FAA Southwest
Region, J.R. Holton, Jr., ASW–112,
Aviation Safety Engineer, Rotorcraft
Directorate, Safety Management Group,
2601 Meacham Blvd., Fort Worth, TX
76137; telephone (817) 222–4964; fax
(817) 222–5961.
SUPPLEMENTARY INFORMATION:
VerDate Nov<24>2008
16:08 Feb 18, 2010
Jkt 220001
Discussion
The European Aviation Safety Agency
(EASA), which is the Technical Agent
for the Member States of the European
Community, has issued Airworthiness
Directive 2009–0278, dated December
22, 2009, (referred to after this as ‘‘the
MCAI’’), to correct an unsafe condition
for the specified products. The MCAI
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
portable fire extinguishers, usually fitted or
stowed in aircraft passenger cabins and flight
decks.
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
have now established that LyonTech
Engineering Ltd, a UK-based company, has
supplied further consignments of Halon 1211
(BCF) to SICLI that do not meet the required
specification. This Halon 1211 has
subsequently been used to fill P/N [part
number] 1708337B4 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 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.
For the reason described above, this EASA
AD requires the identification and removal
from service of certain batches of fire
extinguishers and replacement with
serviceable units.
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
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
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7343
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
fire extinguishers that are now likely to
be installed in or carried on board
aircraft. Contaminated Halon 1211 gas,
when used against a fire, may have
reduced fire suppression capabilities,
endangering the safety of the aircraft
and its occupants. In addition,
extinguisher activation may release
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–2010–0126;
Directorate Identifier 2010–NM–015–
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,
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Federal Register / Vol. 75, No. 33 / Friday, February 19, 2010 / Rules and Regulations
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
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:
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■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
■
2010–04–16 SICLI (formerly General
Incendie MAIP): Amendment 39–16209.
VerDate Nov<24>2008
16:08 Feb 18, 2010
Jkt 220001
Docket No. FAA–2010–0126; Directorate
Identifier 2010–NM–015–AD.
Effective Date
(a) This airworthiness directive (AD)
becomes effective March 8, 2010.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Type H1–10 AIR
Halon 1211 (BCF) portable fire extinguishers
manufactured by SICLI, having part number
(P/N) 1708337B4 and having any serial
number listed in Table 1 of this AD. These
fire extinguishers may be installed on (or
carried or stowed on board) various airplanes
and rotorcraft, certificated in any category,
identified in but not limited to the airplanes
and rotorcraft of the manufacturers included
in Table 2 of this AD, all type-certificated
models.
TABLE 1—SERIAL NUMBERS OF AFFECTED SICLI FIRE EXTINGUISHERS,
P/N 1708337B4
Serial Nos.
0843113 and 0843114.
0843329, 0843330 and 0843331.
0843333 through 0843339 inclusive (incl.).
0843341 through 0843350 incl.
0843352 through 0843358 incl.
0843360 through 0843369 incl.
0843372.
0843374 through 0843386 incl.
0843388.
0843390 through 0843407 incl.
0843409 through 0843464 incl.
0843466 through 0843468 incl.
0843470 and 0843471.
0843473.
0843475.
0843477.
0843479 through 0843487 incl.
0843489 through 0843522 incl.
0843524 through 0843552 incl.
0843554 through 0843561 incl.
0843563.
0843565 through 0843574 incl.
0843579 through 0843587 incl.
0843589 through 0843629 incl.
0843631 through 0843676 incl.
0843679 through 0843700 incl.
0843702 through 0843737 incl.
0843739 through 0843780 incl.
0843782 through 0843845 incl.
0843847 and 0843848.
0843850 through 0843856 incl.
0843858 through 0843861 incl.
0843863 through 0843878 incl.
0843879 through 0843902 incl.
0843904 through 0843934 incl.
0843936 through 0843951 incl.
0843953 through 0843957 incl.
0843959 through 0843969 incl.
0843971.
0843973 through 0843977 incl.
0843979 through 0843982 incl.
0843984, 0843985 and 0843986.
0843988 through 0844016 incl.
0844018 through 0844043 incl.
0844045 and 0844046.
0844048 and 0844049.
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TABLE 1—SERIAL NUMBERS OF AFFECTED SICLI FIRE EXTINGUISHERS,
P/N 1708337B4—Continued
Serial Nos.
0844051 through 0844069
0844071 through 0844077
0844079 through 0844109
0844111 and 0844112.
0844115 through 0844119
0844121 through 0844125
0844127 through 0844161
0844163 through 0844190
0844192 and 0844193.
0844195.
0844197.
0844199 through 0844218
0844220 through 0844225
0844228 through 0844240
0844242 through 0844249
0844253 through 0844257
0844259 through 0844263
0844265 through 0844267
0844269 through 0844280
0844282 through 0844286
0844288 and 0844289.
0844291 through 0844303
0844305 through 0844317
0844319 through 0844332
0844334 through 0844337
0844339 through 0844376
0844379 through 0844398
0844400 and 0844401.
0844403 through 0844415
0844417 through 0844422
0844424 through 0844428
0844430 through 0844436
0844439 through 0844450
0844452 through 0844454
0844456 through 0844470
0844472 through 0844475
0844477 through 0844494
0844496 through 0844512
0844514 through 0844518
0844520 through 0844524
0844526.
0844528.
0844530.
0844534.
0844536 through 0844568
0844570 through 0844592
0844594 through 0844619
0844621 through 0844626
0844628 through 0844635
0844637 through 0844660
0844663 through 0844666
0844668.
0844670 through 0844673
0844676 through 0844685
0844687 through 0844692
0844694 through 0844702
0844704 through 0844708
0844710 through 0844723
0844725 through 0844730
0844732 through 0844741
0844743 through 0844747
0844749 through 0844771
0844773 through 0844778
0844781 through 0844792
0844794 through 0844801
0844803 through 0844837
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Federal Register / Vol. 75, No. 33 / Friday, February 19, 2010 / Rules and Regulations
TABLE 2—AFFECTED AIRPLANES AND
ROTORCRAFT
Manufacturer
Airbus.
´
ATR—GIE Avions de Transport Regional.
The Boeing Company.
Bombardier, Inc.
Cessna Aircraft Company.
Dassault-Aviation.
Empresa Brasileira de Aeronautica S.A.
(EMBRAER).
Eurocopter Canada Limited.
Eurocopter Deutschland GMBH (ECD).
Eurocopter France.
McDonnell Douglas Corporation.
Subject
(d) Air Transport Association (ATA) of
America Code 26: Fire Protection.
srobinson on DSKHWCL6B1PROD with RULES
Reason
(e) The mandatory continuing
airworthiness information (MCAI) states:
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. Halon 1211 (BCF) is used in
portable fire extinguishers, usually fitted or
stowed in aircraft passenger cabins and flight
decks.
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
have now established that LyonTech
Engineering Ltd, a UK-based company, has
supplied further consignments of Halon 1211
(BCF) to SICLI that do not meet the required
specification. This Halon 1211 has
subsequently been used to fill P/N [part
number] 1708337B4 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 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.
For the reason described above, this EASA
AD requires the identification and removal
from service of certain batches of fire
extinguishers and replacement with
serviceable units.
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) Within 90 days after the effective date
of this AD, replace all Type H1–10 AIR Halon
1211 (BCF) portable fire extinguishers
manufactured by SICLI, having P/N
1708337B4 and having any serial number
VerDate Nov<24>2008
16:08 Feb 18, 2010
Jkt 220001
listed in Table 1 of this AD, with serviceable
fire extinguishers.
(h) Within 90 days after doing any
replacement required by paragraph (g) of this
AD, return the affected fire extinguisher to:
`
SICLI, ZI la Sauniere, 89600 Saint Florentin,
France; telephone: +33 (0)3 8643 7930; fax:
+33 (0)3 8635 3632; e-mail
jerome.villette@sicli.com; Web site: https://
www.sicli.com.
(i) As of the effective date of this AD, do
not install any SICLI fire extinguisher having
P/N 1708337B4 and a serial number listed in
Table 1 of this AD, on any airplane or
rotorcraft.
FAA AD Differences
Note 1: This AD differs from the MCAI
and/or service information as follows:
(1) EASA AD 2009–0278, dated December
22, 2009, 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.
(2) EASA AD 2009–0278 includes fire
extinguishers having certain serial numbers
in its applicability. The EASA AD also
includes a requirement to inspect to
determine if the fire extinguishers have those
serial numbers and replacement if necessary.
Since the affected fire extinguishers are part
of the applicability, it is not necessary to also
require inspecting for them. Therefore, this
AD includes fire extinguishers having certain
serial numbers in its applicability and does
not include an additional requirement to
inspect for serial numbers; this AD requires
replacement of all affected fire extinguishers.
Other FAA AD Provisions
(j) 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. Before using any
approved AMOC on any aircraft 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.
(i) For transport airplanes: 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.
(ii) For small airplanes: Send information
to ATTN: Leslie B. Taylor, Aerospace
Engineer, Standards Staff, Small Airplane
Directorate, FAA, 901 Locust Street, Room
301, Kansas City, MO 64106; telephone (816)
329–4134; fax (816) 329–4090.
(iii) For rotorcraft: Send information to
ATTN: DOT/FAA Southwest Region, J.R.
Holton, Jr., ASW–112, Aviation Safety
Engineer, Rotorcraft Directorate, Safety
Management Group, 2601 Meacham Blvd.,
Fort Worth, TX 76137; telephone (817) 222–
4964; fax (817) 222–5961.
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
7345
(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
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
(k) Refer to MCAI EASA Airworthiness
Directive 2010–0278, dated December 22,
2009, for related information.
Material Incorporated by Reference
(l) None.
Issued in Washington, DC, on February 4,
2010.
Kalene C. Yanamura,
Acting Director, Aircraft Certification Service.
[FR Doc. 2010–3223 Filed 2–18–10; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 121, 125, and 135
[Docket No. FAA–2006–26135; Amendment
Nos. 121–347, 125–59, and 135–120]
RIN 2120–AI79
Filtered Flight Data
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
SUMMARY: The FAA amends digital
flight data recorder regulations affecting
certain air carriers and operators. This
final rule prohibits the filtering of some
original flight recorder sensor signals
unless a certificate holder can show that
the data can be accurately
reconstructed. This final rule improves
the integrity and quality of the data
recorded on digital flight data recorders
while giving aircraft designers and
operators more flexibility in system
design and operation where allowable.
DATES: These amendments become
effective April 20, 2010.
FOR FURTHER INFORMATION CONTACT: For
technical questions concerning this final
rule contact Brian A. Verna, Avionics
Systems Branch, Aircraft Certification
Service, AIR–130, Federal Aviation
Administration, 800 Independence
Avenue, SW., Washington, DC 20591;
E:\FR\FM\19FER1.SGM
19FER1
]]>Agencies
[Federal Register Volume 75, Number 33 (Friday, February 19, 2010)]
[Rules and Regulations]
[Pages 7342-7345]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-3223]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0126; Directorate Identifier 2010-NM-015-AD;
Amendment 39-16209; AD 2010-04-16]
RIN 2120-AA64
Airworthiness Directives; SICLI Halon 1211 Portable Fire
Extinguishers as Installed on Various 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:
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 P/N
[part number] 1708337B4 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 provide reduced fire suppression, endangering the safety of the
aircraft and its occupants. In addition,
[[Page 7343]]
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 March 8, 2010.
We must receive comments on this AD by April 5, 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: For transport airplanes: 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.
For small airplanes: Leslie B. Taylor, Aerospace Engineer,
Standards Staff, Small Airplane Directorate, FAA, 901 Locust Street,
Room 301, Kansas City, MO 64106; telephone (816) 329-4134; fax (816)
329-4090.
For rotorcraft: DOT/FAA Southwest Region, J.R. Holton, Jr., ASW-
112, Aviation Safety Engineer, Rotorcraft Directorate, Safety
Management Group, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone
(817) 222-4964; fax (817) 222-5961.
SUPPLEMENTARY INFORMATION:
Discussion
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued
Airworthiness Directive 2009-0278, dated December 22, 2009, (referred
to after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI 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 portable fire extinguishers,
usually fitted or stowed in aircraft passenger cabins and flight
decks.
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 have now established
that LyonTech Engineering Ltd, a UK-based company, has supplied
further consignments of Halon 1211 (BCF) to SICLI that do not meet
the required specification. This Halon 1211 has subsequently been
used to fill P/N [part number] 1708337B4 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 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.
For the reason described above, this EASA AD requires the
identification and removal from service of certain batches of fire
extinguishers and replacement with serviceable units.
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 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 fire
extinguishers that are now likely to be installed in or carried on
board aircraft. Contaminated Halon 1211 gas, when used against a fire,
may have reduced fire suppression capabilities, endangering the safety
of the aircraft and its occupants. In addition, extinguisher activation
may release 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-2010-0126; Directorate
Identifier 2010-NM-015-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,
[[Page 7344]]
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:
2010-04-16 SICLI (formerly General Incendie MAIP): Amendment 39-
16209. Docket No. FAA-2010-0126; Directorate Identifier 2010-NM-015-
AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective March 8,
2010.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Type H1-10 AIR Halon 1211 (BCF) portable
fire extinguishers manufactured by SICLI, having part number (P/N)
1708337B4 and having any serial number listed in Table 1 of this AD.
These fire extinguishers may be installed on (or carried or stowed
on board) various airplanes and rotorcraft, certificated in any
category, identified in but not limited to the airplanes and
rotorcraft of the manufacturers included in Table 2 of this AD, all
type-certificated models.
Table 1--Serial Numbers of Affected SICLI Fire Extinguishers, P/N
1708337B4
------------------------------------------------------------------------
Serial Nos.
-------------------------------------------------------------------------
0843113 and 0843114.
0843329, 0843330 and 0843331.
0843333 through 0843339 inclusive (incl.).
0843341 through 0843350 incl.
0843352 through 0843358 incl.
0843360 through 0843369 incl.
0843372.
0843374 through 0843386 incl.
0843388.
0843390 through 0843407 incl.
0843409 through 0843464 incl.
0843466 through 0843468 incl.
0843470 and 0843471.
0843473.
0843475.
0843477.
0843479 through 0843487 incl.
0843489 through 0843522 incl.
0843524 through 0843552 incl.
0843554 through 0843561 incl.
0843563.
0843565 through 0843574 incl.
0843579 through 0843587 incl.
0843589 through 0843629 incl.
0843631 through 0843676 incl.
0843679 through 0843700 incl.
0843702 through 0843737 incl.
0843739 through 0843780 incl.
0843782 through 0843845 incl.
0843847 and 0843848.
0843850 through 0843856 incl.
0843858 through 0843861 incl.
0843863 through 0843878 incl.
0843879 through 0843902 incl.
0843904 through 0843934 incl.
0843936 through 0843951 incl.
0843953 through 0843957 incl.
0843959 through 0843969 incl.
0843971.
0843973 through 0843977 incl.
0843979 through 0843982 incl.
0843984, 0843985 and 0843986.
0843988 through 0844016 incl.
0844018 through 0844043 incl.
0844045 and 0844046.
0844048 and 0844049.
0844051 through 0844069 incl.
0844071 through 0844077 incl.
0844079 through 0844109 incl.
0844111 and 0844112.
0844115 through 0844119 incl.
0844121 through 0844125 incl.
0844127 through 0844161 incl.
0844163 through 0844190 incl.
0844192 and 0844193.
0844195.
0844197.
0844199 through 0844218 incl.
0844220 through 0844225 incl.
0844228 through 0844240 incl.
0844242 through 0844249 incl.
0844253 through 0844257 incl.
0844259 through 0844263 incl.
0844265 through 0844267 incl.
0844269 through 0844280 incl.
0844282 through 0844286 incl.
0844288 and 0844289.
0844291 through 0844303 incl.
0844305 through 0844317 incl.
0844319 through 0844332 incl.
0844334 through 0844337 incl.
0844339 through 0844376 incl.
0844379 through 0844398 incl.
0844400 and 0844401.
0844403 through 0844415 incl.
0844417 through 0844422 incl.
0844424 through 0844428 incl.
0844430 through 0844436 incl.
0844439 through 0844450 incl.
0844452 through 0844454 incl.
0844456 through 0844470 incl.
0844472 through 0844475 incl.
0844477 through 0844494 incl.
0844496 through 0844512 incl.
0844514 through 0844518 incl.
0844520 through 0844524 incl.
0844526.
0844528.
0844530.
0844534.
0844536 through 0844568 incl.
0844570 through 0844592 incl.
0844594 through 0844619 incl.
0844621 through 0844626 incl.
0844628 through 0844635 incl.
0844637 through 0844660 incl.
0844663 through 0844666 incl.
0844668.
0844670 through 0844673 incl.
0844676 through 0844685 incl.
0844687 through 0844692 incl.
0844694 through 0844702 incl.
0844704 through 0844708 incl.
0844710 through 0844723 incl.
0844725 through 0844730 incl.
0844732 through 0844741 incl.
0844743 through 0844747 incl.
0844749 through 0844771 incl.
0844773 through 0844778 incl.
0844781 through 0844792 incl.
0844794 through 0844801 incl.
0844803 through 0844837 incl.
------------------------------------------------------------------------
[[Page 7345]]
Table 2--Affected Airplanes and Rotorcraft
------------------------------------------------------------------------
Manufacturer
-------------------------------------------------------------------------
Airbus.
ATR--GIE Avions de Transport R[eacute]gional.
The Boeing Company.
Bombardier, Inc.
Cessna Aircraft Company.
Dassault-Aviation.
Empresa Brasileira de Aeronautica S.A. (EMBRAER).
Eurocopter Canada Limited.
Eurocopter Deutschland GMBH (ECD).
Eurocopter France.
McDonnell Douglas Corporation.
------------------------------------------------------------------------
Subject
(d) Air Transport Association (ATA) of America Code 26: Fire
Protection.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
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. Halon 1211 (BCF) is used in
portable fire extinguishers, usually fitted or stowed in aircraft
passenger cabins and flight decks.
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 have now established
that LyonTech Engineering Ltd, a UK-based company, has supplied
further consignments of Halon 1211 (BCF) to SICLI that do not meet
the required specification. This Halon 1211 has subsequently been
used to fill P/N [part number] 1708337B4 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 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.
For the reason described above, this EASA AD requires the
identification and removal from service of certain batches of fire
extinguishers and replacement with serviceable units.
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) Within 90 days after the effective date of this AD, replace
all Type H1-10 AIR Halon 1211 (BCF) portable fire extinguishers
manufactured by SICLI, having P/N 1708337B4 and having any serial
number listed in Table 1 of this AD, with serviceable fire
extinguishers.
(h) Within 90 days after doing any replacement required by
paragraph (g) of this AD, return the affected fire extinguisher to:
SICLI, ZI la Sauni[egrave]re, 89600 Saint Florentin, France;
telephone: +33 (0)3 8643 7930; fax: +33 (0)3 8635 3632; e-mail
jerome.villette@sicli.com; Web site: https://www.sicli.com.
(i) As of the effective date of this AD, do not install any
SICLI fire extinguisher having P/N 1708337B4 and a serial number
listed in Table 1 of this AD, on any airplane or rotorcraft.
FAA AD Differences
Note 1: This AD differs from the MCAI and/or service
information as follows:
(1) EASA AD 2009-0278, dated December 22, 2009, 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.
(2) EASA AD 2009-0278 includes fire extinguishers having certain
serial numbers in its applicability. The EASA AD also includes a
requirement to inspect to determine if the fire extinguishers have
those serial numbers and replacement if necessary. Since the
affected fire extinguishers are part of the applicability, it is not
necessary to also require inspecting for them. Therefore, this AD
includes fire extinguishers having certain serial numbers in its
applicability and does not include an additional requirement to
inspect for serial numbers; this AD requires replacement of all
affected fire extinguishers.
Other FAA AD Provisions
(j) 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. Before using any
approved AMOC on any aircraft 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.
(i) For transport airplanes: 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.
(ii) For small airplanes: Send information to ATTN: Leslie B.
Taylor, Aerospace Engineer, Standards Staff, Small Airplane
Directorate, FAA, 901 Locust Street, Room 301, Kansas City, MO
64106; telephone (816) 329-4134; fax (816) 329-4090.
(iii) For rotorcraft: Send information to ATTN: DOT/FAA
Southwest Region, J.R. Holton, Jr., ASW-112, Aviation Safety
Engineer, Rotorcraft Directorate, Safety Management Group, 2601
Meacham Blvd., Fort Worth, TX 76137; telephone (817) 222-4964; fax
(817) 222-5961.
(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 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
(k) Refer to MCAI EASA Airworthiness Directive 2010-0278, dated
December 22, 2009, for related information.
Material Incorporated by Reference
(l) None.
Issued in Washington, DC, on February 4, 2010.
Kalene C. Yanamura,
Acting Director, Aircraft Certification Service.
[FR Doc. 2010-3223 Filed 2-18-10; 8:45 am]
BILLING CODE 4910-13-P
