Airworthiness Directives; ATR-GIE Avions de Transport Régional Model ATR42 and ATR72 Airplanes, 8476-8479 [2010-3558]
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8476
Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Rules and Regulations
P/N 985.99.12.192) on any affected Model
PC–12/47E airplane, as follows:
(i) For MSN 545 and 1001 through 1180
airplanes, as of 180 days after April 1, 2010
(the effective date of this AD); and
(ii) For all other MSNs, as of April 1, 2010
(the effective date of this AD).
FAA AD Differences
Note: This AD differs from the MCAI
and/or service information as follows: No
differences.
Other FAA AD Provisions
(g) The following provisions also apply to
this AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, Standards Office,
FAA, has the authority to approve AMOCs
for this AD, if requested using the procedures
found in 14 CFR 39.19. Send information to
ATTN: Doug Rudolph, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust,
Room 301, Kansas City, Missouri 64106;
telephone: (816) 329–4059; fax: (816) 329–
4090. Before using any approved AMOC on
any airplane to which the AMOC applies,
notify your appropriate principal inspector
(PI) in the FAA Flight Standards District
Office (FSDO), or lacking a PI, your local
FSDO.
(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.
jlentini on DSKJ8SOYB1PROD with RULES
Related Information
(h) Refer to MCAI European Aviation
Safety Agency (EASA) AD No. 2009–0249,
dated November 20, 2009, Pilatus Aircraft
Ltd. Temporary Revision No. 11 to PC–12/
47E Pilot’s Operating Handbook, Report No.
02277, dated March 18, 2009; Honeywell
International Inc. Service Bulletin KSG 7200–
34–09, Revision 0, dated September 24, 2009;
and Pilatus Aircraft Ltd. Pilatus PC–12
Service Bulletin No: 34–022, dated October 5,
2009, for related information.
Material Incorporated by Reference
(i) You must use Pilatus Aircraft Ltd.
Temporary Revision No. 11 to PC–12/47E
Pilot’s Operating Handbook, Report No.
02277, dated March 18, 2009; Honeywell
International Inc. Service Bulletin KSG 7200–
34–09, Revision 0, dated September 24, 2009;
and Pilatus Aircraft Ltd. Pilatus PC–12
Service Bulletin No: 34–022, dated October 5,
2009, to do the actions required by this AD,
unless the AD specifies otherwise.
(1) The Director of the Federal Register
approved the incorporation by reference of
Honeywell International Inc. Service Bulletin
VerDate Nov<24>2008
16:14 Feb 24, 2010
Jkt 220001
KSG 7200–34–09, Revision 0, dated
September 24, 2009; and Pilatus Aircraft Ltd.
Pilatus PC–12 Service Bulletin No: 34–022,
dated October 5, 2009, under 5 U.S.C. 552(a)
and 1 CFR part 51.
(2) On April 20, 2009 (74 FR 17384, April
15, 2009), the Director of the Federal Register
previously approved the incorporation by
reference of Pilatus Aircraft Ltd. Temporary
Revision No. 11 to PC–12/47E Pilot’s
Operating Handbook, Report No. 02277,
dated March 18, 2009.
(3) For service information identified in
this AD:
(i) Pilatus service information: contact
Pilatus Aircraft Ltd., Customer Service
Manager, CH–6371 STANS, Switzerland;
telephone: +41 (0)41 619 62 08; fax: +41 (0)41
619 73 11; Internet: https://www.pilatusaircraft.com, or e-mail:
SupportPC12@pilatus-aircraft.com. You may
get Pilatus Aircraft Ltd. Temporary Revision
No. 11 to PC–12/47E Pilot’s Operating
Handbook, Report No. 02277, dated March
18, 2009, from the Web site of the Swiss
Federal Office of Civil Aviation (FOCA):
https://www.bazl.admin.ch/fachleute/
lufttechnik/entwicklung/00677/
index.html?lang=en.
(ii) Honeywell service information: contact
Honeywell International Inc., 23500 West
105th Street, Olathe, Kansas 66061–8425,
U.S.A., CAGE: 22373; telephone: (800) 601–
3099 (toll free U.S.A./Canada); telephone:
(602) 365–3099 (international direct);
telephone: 00–800–601–30999 (EMEA Toll
Free); telephone: 420–234–625–500 (EMEA
Direct); Internet: https://www.bendixking.com;
e-mail: Karen.Attebery@honeywell.com;
telephone: (913) 712–2301; fax: (913) 712–
2301.
(4) You may review copies of the service
information incorporated by reference for
this AD at the FAA, Central Region, Office of
the Regional Counsel, 901 Locust, Kansas
City, Missouri 64106. For information on the
availability of this material at the Central
Region, call (816) 329–3768.
(5) You may also review copies of the
service information incorporated by reference
for this AD at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, call (202) 741–6030, or go
to: https://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_
locations.html.
Issued in Kansas City, Missouri, on
February 16, 2010.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft
Certification Service.
[FR Doc. 2010–3521 Filed 2–24–10; 8:45 am]
BILLING CODE 4910–13–P
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2010–0155; Directorate
Identifier 2010–NM–026–AD; Amendment
39–16210; AD 2010–05–01]
RIN 2120–AA64
Airworthiness Directives; ATR–GIE
´
Avions de Transport Regional Model
ATR42 and ATR72 Airplanes
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 certain * * * portable fire
extinguishers that are now likely to be
installed in or carried on board ATR
aeroplanes.
The contaminated nature of this gas, when
used against a fire, may provide reduced fire
suppression, endangering the safety of the
aeroplane and its occupants. In addition,
extinguisher activation may lead to the
release of toxic fumes, possibly causing
injury to aeroplane occupants.
*
*
*
*
*
This AD requires actions that are
intended to address the unsafe
condition described in the MCAI.
DATES: This AD becomes effective
March 12, 2010.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in the AD
as of March 12, 2010.
We must receive comments on this
AD by April 12, 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.
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• 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: Tom
Rodriguez, Aerospace Engineer,
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone
(425) 227–1137; fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
jlentini on DSKJ8SOYB1PROD with RULES
Discussion
The European Aviation Safety Agency
(EASA), which is the Technical Agent
for the Member States of the European
Community, has issued EASA
Airworthiness Directive 2009–0276R1,
dated February 5, 2010 (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
lavatory waste bin fire extinguishers and
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 L’Hotellier that do not meet the
required specification. This Halon 1211 has
subsequently been used to fill certain P/N
863521–01 portable fire extinguishers that
are now likely to be installed in or carried
on board ATR aeroplanes.
VerDate Nov<24>2008
16:14 Feb 24, 2010
Jkt 220001
The contaminated nature of this gas, when
used against a fire, may provide reduced fire
suppression, endangering the safety of the
aeroplane and its occupants. In addition,
extinguisher activation may lead to the
release of toxic fumes, possibly causing
injury to aeroplane occupants.
For the reasons described above, this EASA
AD requires the identification and removal
from service of certain batches of fire
extinguishers and replacement with
serviceable units.
This [EASA] AD has been revised to
extend the compliance time.
You may obtain further information
by examining the MCAI in the AD
docket.
Relevant Service Information
L’Hotellier has issued Service
Bulletins 863521–26–001, Revision 1,
dated January 28, 2010; and Revision 2,
dated February 4, 2010. The actions
described in this service information are
intended to correct the unsafe condition
identified in the MCAI.
Other Relevant Rulemaking
We issued AD 2010–01–03,
amendment 39–16159 (75 FR 221,
January 5, 2010), on December 28, 2009.
That AD applies to certain portable fire
extinguishers manufactured by Fire
Fighting Enterprises Limited that
contain suspect Halon gas and that are
installed on (or carried or stowed on
board) a broad range of airplanes and
rotorcraft including but not limited to
those listed in Table 1 of that AD.
Although ATR–GIE Avions de Transport
´
Regional airplanes are not listed in
Table 1 of the applicability of AD 2010–
01–03, they are affected by that AD.
This AD affects only ATR–GIE Avions
´
de Transport Regional airplanes that
have certain portable fire extinguishers
manufactured by L’Hotellier that
contain suspect Halon gas. We are able
to be specific in this AD because
L’Hotellier fire extinguishers are
installed on Model ATR42 and ATR72
airplanes as part of their type design,
and these fire extinguishers do not hold
an FAA-approval independent of their
installation. Therefore, this AD
addresses the identified unsafe
condition for those airplanes that have
L’Hotellier fire extinguishers having the
part number and serial numbers
specified in this AD.
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
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8477
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 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 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 installed on Model
ATR42 and ATR72 airplanes.
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 that could possibly cause
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 fewer 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–2010–0155;
Directorate Identifier 2010–NM–026–
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
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Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Rules and Regulations
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
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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, Incorporation by reference,
Safety.
16:14 Feb 24, 2010
Jkt 220001
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.
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.
VerDate Nov<24>2008
Adoption of the Amendment
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
■
2010–05–01 ATR–GIE Avions de Transport
´
Regional: Amendment 39–16210. Docket
No. FAA–2010–0155; Directorate
Identifier 2010–NM–026–AD.
Effective Date
(a) This airworthiness directive (AD)
becomes effective March 12, 2010.
Affected ADs
(b) None.
Applicability
(c) This AD applies to ATR–GIE Avions de
´
Transport Regional Model ATR42–200, –300,
–320, and –500 airplanes; and Model
ATR72–101, –201, –102, –202, –211, –212,
and –212A airplanes; certificated in any
category, all serial numbers, equipped with
L’Hotellier Halon 1211 (BCF) fire
extinguishers, having part number (P/N)
863521–01 and having any serial number
identified in paragraph 1.A. of L’Hotellier
Service Bulletin 863521–26–001, Revision 2,
dated February 4, 2010.
Subject
(d) Air Transport Association (ATA) of
America Code 26: Fire Protection.
Reason
(e) The mandatory continued 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
lavatory waste bin fire extinguishers and
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 L’Hotellier that do not meet the
required specification. This Halon 1211 has
subsequently been used to fill certain P/N
863521–01 portable fire extinguishers that
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Fmt 4700
Sfmt 4700
are now likely to be installed in or carried
on board ATR aeroplanes.
The contaminated nature of this gas, when
used against a fire, may provide reduced fire
suppression, endangering the safety of the
aeroplane and its occupants. In addition,
extinguisher activation may lead to the
release of toxic fumes, possibly causing
injury to aeroplane occupants.
For the reasons described above, this EASA
AD requires the identification and removal
from service of certain batches of fire
extinguishers and replacement with
serviceable units.
This [EASA] AD has been revised to extend
the compliance time.
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 L’Hotellier fire
extinguishers having P/N 863521–01 and
having any serial number identified in
paragraph 1.A. of L’Hotellier Service Bulletin
863521–26–001, Revision 2, dated February
4, 2010, with serviceable fire extinguishers.
(h) As of the effective date of this AD, do
not install any L’Hotellier fire extinguisher
having P/N 863521–01 and having any serial
number identified in paragraph 1.A. of
L’Hotellier Service Bulletin 863521–26–001,
Revision 2, dated February 4, 2010, on any
airplane, unless it has been reconditioned
with compliant Halon 1211 (BCF) and reidentified, in accordance with the
Accomplishment Instructions of L’Hotellier
Service Bulletin 863521–26–001, Revision 1,
dated January 28, 2010; or Revision 2, dated
February 4, 2010.
FAA AD Differences
Note 1: This AD differs from the MCAI
and/or service information as follows:
(1) EASA AD 2009–0276R1, dated
February 5, 2010, specifies a time of 4
months 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 2009–0276R1, dated
February 5, 2010, 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
(i) The following provisions also apply to
this AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Branch, ANM–116, Transport Airplane
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Directorate, FAA, has the authority to
approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19.
Send information to ATTN: Tom Rodriguez,
Aerospace Engineer, International Branch,
ANM–116, Transport Airplane Directorate,
FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone (425)
227–1137; 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 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.
jlentini on DSKJ8SOYB1PROD with RULES
Related Information
(j) Refer to MCAI EASA Airworthiness
Directive 2009–0276R1, dated February 5,
2010; and L’Hotellier Service Bulletins
863521–26–001, Revision 1, dated January
28, 2010, and Revision 2, dated February 4,
2010; for related information.
Material Incorporated by Reference
(k) You must use L’Hotellier Service
Bulletin 863521–26–001, Revision 1, dated
January 28, 2010; or L’Hotellier Service
Bulletin 863521–26–001, Revision 2, dated
February 4, 2010; to do the actions required
by this AD, unless the AD specifies
otherwise.
(1) The Director of the Federal Register
approved the incorporation by reference of
this service information under 5 U.S.C.
552(a) and 1 CFR part 51.
(2) For service information identified in
this AD, contact L’Hotellier Repair Station, 4
´
rue Henri Poincare, 92167 ANTONY Cedex,
France, Attn: Product Support; telephone +33
(0)1 55 59 09 65; fax +33 (0)1 46 66 66 71;
e-mail Sylvie.LaRuffa@hs.utc.com or
Alain.Dorneau@hs.utc.com.
(3) You may review copies of the service
information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the
availability of this material at the FAA, call
425–227–1221 or 425–227–1152.
(4) You may also review copies of the
service information that is incorporated by
reference at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030, or go
to: https://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.
html.
VerDate Nov<24>2008
16:14 Feb 24, 2010
Jkt 220001
8479
Issued in Renton, Washington, on February
11, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
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.
[FR Doc. 2010–3558 Filed 2–24–10; 8:45 am]
Examining the AD Docket
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2010–0128; Directorate
Identifier 2009–NM–136–AD; Amendment
39–16215; AD 2010–05–06]
RIN 2120–AA64
Airworthiness Directives; Airbus Model
A340–541 and –642 Airplanes
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:
During the A340–600 full scale fatigue test,
cracks were found on left and right sides of
the rear spar vertical cruciform at Frame 47.
This situation, if not corrected, can affect
the aircraft structural integrity.
*
*
*
*
*
This AD requires actions that are
intended to address the unsafe
condition described in the MCAI.
DATES: This AD becomes effective
March 12, 2010.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in the AD
as of March 12, 2010.
We must receive comments on this
AD by April 12, 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–
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
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:
Vladimir Ulyanov, Aerospace Engineer,
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone
(425) 227–1138; 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 EASA
Airworthiness Directive 2007–0207R1,
dated November 7, 2007 (referred to
after this as ‘‘the MCAI’’), to correct an
unsafe condition for the specified
products. The MCAI states:
During the A340–600 full scale fatigue test,
cracks were found on left and right sides of
the rear spar vertical cruciform at Frame 47.
This situation, if not corrected, can affect
the aircraft structural integrity.
Further to this full scale fatigue test
completion, it has been determined that the
current inspections values (thresholds and
intervals) as specified in the ALI
[Airworthiness Limitation Items] tasks
57.18.16 have to be reviewed in order to
comply with certification requirements.
Consequently AIRBUS Service Bulletin (SB)
A340–57–5011 has been issued to supersede
the ALI tasks 57.18.16.
This AD mandates a repetitive inspection
program in order to detect any crack by
means of two Non-Destructive Test (NDT)
inspection methods (High Frequency Eddy
Current and Ultra Sonic).
This AD has been revised in order to
exclude from the applicability section, A340–
642 aircraft on which a terminating action
modification 56026 or SB A340–57–5010 has
been embodied and which consists of a large
cut-out of the vertical cruciform flange in
order to reduce the stress level in this critical
area.
The compliance times for the initial
and repetitive inspections depend on
the airplane configuration and weight
E:\FR\FM\25FER1.SGM
25FER1
Agencies
[Federal Register Volume 75, Number 37 (Thursday, February 25, 2010)]
[Rules and Regulations]
[Pages 8476-8479]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-3558]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0155; Directorate Identifier 2010-NM-026-AD;
Amendment 39-16210; AD 2010-05-01]
RIN 2120-AA64
Airworthiness Directives; ATR-GIE Avions de Transport
R[eacute]gional Model ATR42 and ATR72 Airplanes
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 certain
* * * portable fire extinguishers that are now likely to be
installed in or carried on board ATR aeroplanes.
The contaminated nature of this gas, when used against a fire,
may provide reduced fire suppression, endangering the safety of the
aeroplane and its occupants. In addition, extinguisher activation
may lead to the release of toxic fumes, possibly causing injury to
aeroplane occupants.
* * * * *
This AD requires actions that are intended to address the unsafe
condition described in the MCAI.
DATES: This AD becomes effective March 12, 2010.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of March 12,
2010.
We must receive comments on this AD by April 12, 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.
[[Page 8477]]
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: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1137; 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 EASA
Airworthiness Directive 2009-0276R1, dated February 5, 2010 (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 lavatory waste bin fire
extinguishers and 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 L'Hotellier that do not
meet the required specification. This Halon 1211 has subsequently
been used to fill certain P/N 863521-01 portable fire extinguishers
that are now likely to be installed in or carried on board ATR
aeroplanes.
The contaminated nature of this gas, when used against a fire,
may provide reduced fire suppression, endangering the safety of the
aeroplane and its occupants. In addition, extinguisher activation
may lead to the release of toxic fumes, possibly causing injury to
aeroplane occupants.
For the reasons described above, this EASA AD requires the
identification and removal from service of certain batches of fire
extinguishers and replacement with serviceable units.
This [EASA] AD has been revised to extend the compliance time.
You may obtain further information by examining the MCAI in the AD
docket.
Relevant Service Information
L'Hotellier has issued Service Bulletins 863521-26-001, Revision 1,
dated January 28, 2010; and Revision 2, dated February 4, 2010. The
actions described in this service information are intended to correct
the unsafe condition identified in the MCAI.
Other Relevant Rulemaking
We issued AD 2010-01-03, amendment 39-16159 (75 FR 221, January 5,
2010), on December 28, 2009. That AD applies to certain portable fire
extinguishers manufactured by Fire Fighting Enterprises Limited that
contain suspect Halon gas and that are installed on (or carried or
stowed on board) a broad range of airplanes and rotorcraft including
but not limited to those listed in Table 1 of that AD. Although ATR-GIE
Avions de Transport R[eacute]gional airplanes are not listed in Table 1
of the applicability of AD 2010-01-03, they are affected by that AD.
This AD affects only ATR-GIE Avions de Transport R[eacute]gional
airplanes that have certain portable fire extinguishers manufactured by
L'Hotellier that contain suspect Halon gas. We are able to be specific
in this AD because L'Hotellier fire extinguishers are installed on
Model ATR42 and ATR72 airplanes as part of their type design, and these
fire extinguishers do not hold an FAA-approval independent of their
installation. Therefore, this AD addresses the identified unsafe
condition for those airplanes that have L'Hotellier fire extinguishers
having the part number and serial numbers specified in this AD.
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 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 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 installed on Model ATR42 and ATR72 airplanes.
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 that could possibly cause 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 fewer 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-2010-0155; Directorate
Identifier 2010-NM-026-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
[[Page 8478]]
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, Incorporation by
reference, 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:
2010-05-01 ATR-GIE Avions de Transport R[eacute]gional: Amendment
39-16210. Docket No. FAA-2010-0155; Directorate Identifier 2010-NM-
026-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective March
12, 2010.
Affected ADs
(b) None.
Applicability
(c) This AD applies to ATR-GIE Avions de Transport
R[eacute]gional Model ATR42-200, -300, -320, and -500 airplanes; and
Model ATR72-101, -201, -102, -202, -211, -212, and -212A airplanes;
certificated in any category, all serial numbers, equipped with
L'Hotellier Halon 1211 (BCF) fire extinguishers, having part number
(P/N) 863521-01 and having any serial number identified in paragraph
1.A. of L'Hotellier Service Bulletin 863521-26-001, Revision 2,
dated February 4, 2010.
Subject
(d) Air Transport Association (ATA) of America Code 26: Fire
Protection.
Reason
(e) The mandatory continued 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
lavatory waste bin fire extinguishers and 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 L'Hotellier that do not
meet the required specification. This Halon 1211 has subsequently
been used to fill certain P/N 863521-01 portable fire extinguishers
that are now likely to be installed in or carried on board ATR
aeroplanes.
The contaminated nature of this gas, when used against a fire,
may provide reduced fire suppression, endangering the safety of the
aeroplane and its occupants. In addition, extinguisher activation
may lead to the release of toxic fumes, possibly causing injury to
aeroplane occupants.
For the reasons described above, this EASA AD requires the
identification and removal from service of certain batches of fire
extinguishers and replacement with serviceable units.
This [EASA] AD has been revised to extend the compliance time.
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 L'Hotellier fire extinguishers having P/N 863521-01 and having
any serial number identified in paragraph 1.A. of L'Hotellier
Service Bulletin 863521-26-001, Revision 2, dated February 4, 2010,
with serviceable fire extinguishers.
(h) As of the effective date of this AD, do not install any
L'Hotellier fire extinguisher having P/N 863521-01 and having any
serial number identified in paragraph 1.A. of L'Hotellier Service
Bulletin 863521-26-001, Revision 2, dated February 4, 2010, on any
airplane, unless it has been reconditioned with compliant Halon 1211
(BCF) and re-identified, in accordance with the Accomplishment
Instructions of L'Hotellier Service Bulletin 863521-26-001, Revision
1, dated January 28, 2010; or Revision 2, dated February 4, 2010.
FAA AD Differences
Note 1: This AD differs from the MCAI and/or service
information as follows:
(1) EASA AD 2009-0276R1, dated February 5, 2010, specifies a
time of 4 months 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 2009-0276R1, dated February 5, 2010, 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
(i) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane
[[Page 8479]]
Directorate, FAA, has the authority to approve AMOCs for this AD, if
requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 227-1137; 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 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
(j) Refer to MCAI EASA Airworthiness Directive 2009-0276R1,
dated February 5, 2010; and L'Hotellier Service Bulletins 863521-26-
001, Revision 1, dated January 28, 2010, and Revision 2, dated
February 4, 2010; for related information.
Material Incorporated by Reference
(k) You must use L'Hotellier Service Bulletin 863521-26-001,
Revision 1, dated January 28, 2010; or L'Hotellier Service Bulletin
863521-26-001, Revision 2, dated February 4, 2010; to do the actions
required by this AD, unless the AD specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this AD, contact
L'Hotellier Repair Station, 4 rue Henri Poincar[eacute], 92167
ANTONY Cedex, France, Attn: Product Support; telephone +33 (0)1 55
59 09 65; fax +33 (0)1 46 66 66 71; e-mail Sylvie.LaRuffa@hs.utc.com
or Alain.Dorneau@hs.utc.com.
(3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call 425-227-1221 or 425-227-1152.
(4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
Issued in Renton, Washington, on February 11, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-3558 Filed 2-24-10; 8:45 am]
BILLING CODE 4910-13-P