[Federal Register Volume 75, Number 37 (Thursday, February 25, 2010)]
[Rules and Regulations]
[Pages 8476-8479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-3558]
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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
R[eacute]gional Model ATR42 and ATR72 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for comments.
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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:
The Civil Aviation Authority of the United Kingdom (UK) has
informed EASA [European Aviation Safety Agency] that significant
quantities of Halon 1211 gas, determined to be outside the required
specification, have been supplied to the aviation industry for use
in fire extinguishing equipment. * * *
* * * * *
* * * This Halon 1211 has subsequently been used to fill certain
* * * 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 http://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 http://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 http://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 [email protected]
or [email protected].
(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: http://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