[Federal Register Volume 63, Number 126 (Wednesday, July 1, 1998)]
[Proposed Rules]
[Pages 35884-35886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17416]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 98-ANE-29-AD]
Airworthiness Directives; First Technology Fire and Safety Ltd.
Toilet Compartment Fire Extinguishers
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes the adoption of a new airworthiness
directive (AD) that is applicable to First Technology Fire and Safety
Ltd. toilet compartment fire extinguishers. This proposal would require
inspection of suspect fire extinguishers for leakage, and removal from
service and replacement with serviceable parts if found leaking. This
proposal is prompted by reports of leakage at the fire extinguisher's
eutectic tip due to a design change. The actions specified by the
proposed AD are intended to prevent fire extinguisher failure due to
leakage, which in the event of a toilet compartment fire could result
in an uncontained fire and damage to the aircraft.
DATES: Comments must be received by August 31, 1998.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), New England Region, Office of the Regional
Counsel, Attention: Rules Docket No. 98-ANE-29-AD, 12 New England
Executive Park, Burlington, MA 01803-5299. Comments may also be
submitted to the Rules Docket by using the following Internet address:
``[email protected]''. Comments may be inspected at this
location between 8:00 a.m. and 4:30 p.m., Monday through Friday, except
Federal holidays.
The service information referenced in the proposed rule may be
obtained from Percival Aviation Ltd., The Sidings, Knowle, Fareham,
Hampshire PO17 5LZ England; telephone 011 44 1329 833814, fax 011 44
1329 834013. This information may be examined at the FAA, New England
Region, Office of the Regional Counsel, 12 New England Executive Park,
Burlington, MA.
[[Page 35885]]
FOR FURTHER INFORMATION CONTACT: Terry Fahr, Aerospace Engineer, Boston
Aircraft Certification Office, FAA, Engine and Propeller Directorate,
12 New England Executive Park, Burlington, MA 01803-5299; telephone
(781) 238-7155, fax (781) 238-7199.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to participate in the making of the
proposed rule by submitting such written data, views, or arguments as
they may desire. Communications should identify the Rules Docket number
and be submitted in triplicate to the address specified above. All
communications received on or before the closing date for comments,
specified above, will be considered before taking action on the
proposed rule. The proposals contained in this notice may be changed in
light of the comments received.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the proposed rule. All
comments submitted will be available, both before and after the closing
date for comments, in the Rules Docket for examination by interested
persons. A report summarizing each FAA-public contact concerned with
the substance of this proposal will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this notice must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 98-ANE-29-AD.'' The postcard will be date stamped and
returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the FAA, New England Region, Office of the Regional Counsel,
Attention: Rules Docket No. 98-ANE-29-AD, 12 New England Executive
Park, Burlington, MA 01803-5299.
Discussion
The Civil Aviation Authority (CAA), which is the airworthiness
authority for the United Kingdom (UK), recently notified the Federal
Aviation Administration (FAA) that an unsafe condition may exist on
certain First Technology Fire and Safety Ltd. toilet compartment fire
extinguishers. The CAA advises that they have received reports of
leakage at the fire extinguisher's eutectic tip due to a design change.
This condition, if not corrected, could result in fire extinguisher
failure due to leakage, which in the event of a toilet compartment fire
could result in an uncontained fire and damage to the aircraft.
First Technology Fire and Safety Ltd. has issued Service Bulletin
(SB) No. 26-110, dated January 1998, that specifies procedures for
inspection of suspect fire extinguishers for leakage. The CAA
classified this SB as mandatory and issued AD 007-11-97 in order to
assure the safety of these fire extinguishers in the UK.
These fire extinguishers are manufactured in the UK and are
certificated for operation in the United States under the provisions of
Section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and
the applicable bilateral airworthiness agreement. Pursuant to this
bilateral airworthiness agreement, the CAA has kept the FAA informed of
the situation described above. The FAA has examined the findings of the
CAA, reviewed all available information, and determined that AD action
is necessary for products of this type design that are certificated for
operation in the United States.
Since an unsafe condition has been identified that is likely to
exist or develop on other fire extinguishers of the same type design
registered in the United States, the proposed AD would require, within
3 months after the effective date of this AD, inspection of suspect
fire extinguishers for leakage, and removal from service and
replacement with serviceable parts if found leaking. The UK CAA AD
specified a second inspection after the initial inspection; however,
the FAA has determined that a second inspection is unnecessary due to
the time that has passed from the publication of the UK CAA AD to the
publication of this FAA NPRM. The actions would be required to be
accomplished in accordance with the SB described previously.
There are approximately 1,500 fire extinguishers of the affected
design installed on the worldwide fleet. There are an unknown number of
fire extinguishers installed on aircraft of U.S. registry. The FAA
estimates that it would take approximately 3 minutes per fire
extinguisher to accomplish the proposed actions, and that the average
labor rate is $60 per work hour. The manufacturer has advised the CAA
that replacement parts would be provided at no charge to the operator.
Based on these figures, the total cost impact of the proposed AD on
worldwide operators is estimated to be $4,500.
The regulations proposed herein would not have substantial direct
effects 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. Therefore, in
accordance with Executive Order 12612, it is determined that this
proposal would not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this proposed
regulation (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under the DOT
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);
and (3) if promulgated, 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. A copy of the draft
regulatory evaluation prepared for this action is contained in the
Rules Docket. A copy of it may be obtained by contacting the Rules
Docket at the location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend
part 39 of the Federal Aviation Regulations (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.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
First Technology Fire and Safety Ltd.: Docket No. 98-ANE-29-AD.
Applicability: First Technology Fire and Safety Ltd. toilet
compartment fire extinguisher, identified by serial and model number
in First Technology Fire and Safety Ltd. Service Bulletin (SB) No.
26-110, dated January 1998. These fire extinguishers are installed
on but not limited to Airbus A320, A330, A340; British Aerospace Bae
146, Bombardier CL-600-2B19 (CRJ), Dornier 328 Embraer EMB 145, and
all Fokker Series aircraft.
Note 1: This airworthiness directive (AD) applies to each fire
extinguisher identified in the preceding applicability provision,
[[Page 35886]]
regardless of whether it has been modified, altered, or repaired in
the area subject to the requirements of this AD. For fire
extinguishers that have been modified, altered, or repaired so that
the performance of the requirements of this AD is affected, the
owner/operator must request approval for an alternative method of
compliance in accordance with paragraph (b) of this AD. The request
should include an assessment of the effect of the modification,
alteration, or repair on the unsafe condition addressed by this AD;
and, if the unsafe condition has not been eliminated, the request
should include specific proposed actions to address it.
Compliance: Required as indicated, unless accomplished
previously.
To prevent fire extinguisher failure due to leakage, which could
result in an uncontained fire and damage to the aircraft, accomplish
the following:
(a) Within 3 months after the effective date of this AD, perform
a one time inspection of fire extinguishers for leakage, and replace
leaking fire extinguishers with serviceable parts, in accordance
with First Technology Fire and Safety Ltd. SB No. 26-110, dated
January 1998.
(b) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Boston Aircraft Certification
Office. Operators shall submit their request through an appropriate
FAA Principal Maintenance Inspector, who may add comments and then
send it to the Manager, Boston Aircraft Certification Office.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Boston Aircraft Certification Office.
(c) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the aircraft to a location where
the requirements of this AD can be accomplished.
Issued in Burlington, Massachusetts, on June 23, 1998.
Dated: June 23, 1998.
Jay J. Pardee,
Manager, Engine and Propeller Directorate, Aircraft Certification
Service
[FR Doc. 98-17416 Filed 6-30-98; 8:45 am]
BILLING CODE 4910-13-P