[Federal Register: January 7, 2004 (Volume 69, Number 4)]
[Rules and Regulations]
[Page 864-867]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07ja04-4]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2003-CE-19-AD; Amendment 39-13413; AD 2003-26-14]
RIN 2120-AA64
Airworthiness Directives; Kidde Aerospace Part Number (P/N)
898052 Hand-Held Halon Fire Extinguishers
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: The FAA adopts a new airworthiness directive (AD) for certain
Kidde Aerospace P/N 898052 hand-held halon fire extinguishers that are
utilized on aircraft. This AD requires you to remove the affected fire
extinguishers from service and would prevent you from using them in the
future. This AD is the result of information that shows that the
discharge time of the affected fire extinguishers exceeds the maximum
allowable discharge time. The problem is due to incomplete crimping of
the siphon tube. We are issuing this AD to remove from service fire
extinguishers that had this incomplete crimping of the siphon tube. If
not removed from service, these fire extinguishers could function at
diminished levels and compromise the level of safety in an emergency
situation.
DATES: This AD becomes effective on February 20, 2004.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the regulation as of
February 20, 2004.
ADDRESSES: You may get the service information identified in this AD
from Kidde Aerospace, Kidde Technologies, Inc., 4200 Airport Drive,
NW., Wilson, North Carolina 27896; telephone: (252) 237-7004.
You may view the AD docket at FAA, Central Region, Office of the
Regional Counsel, Attention: Rules Docket No. 2003-CE-19-AD, 901
Locust, Room 506, Kansas City, Missouri 64106. Office hours are 8 a.m.
to 4 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Charles H. Bowser, Flight Test
Engineer, FAA, Atlanta Aircraft Certification Office, One Crown Center,
1895 Phoenix Boulevard, Suite 450, Atlanta, Georgia 30349; telephone:
(770) 703-6047; facsimile: (770) 703-6097.
SUPPLEMENTARY INFORMATION:
Discussion
What Events Have Caused This AD?
The FAA has received information of problems with certain Kidde
Aerospace P/N 898052 hand-held halon fire extinguishers that are
utilized on aircraft. This information shows that the discharge time of
the affected fire extinguishers exceeds the maximum allowable discharge
time.
The problem is due to incomplete crimping of the siphon tube.
Specifically, worn crimping tools were used to crimp the siphon tube.
This is causing leakage between the siphon tube and the valve.
What Is the Potential Impact if FAA Took No Action?
If these fire extinguishers that had this incomplete crimping of
the siphon tube are not removed from service, then the fire
extinguishers could function at diminished levels and compromise the
level of safety in an emergency situation.
Has FAA Taken Any Action to This Point?
We issued a proposal to amend part 39 of the Federal Aviation
Regulations (14 CFR part 39) to include an AD that would apply certain
Kidde Aerospace P/N 898052 hand-held halon fire extinguishers that are
utilized on aircraft. This proposal was published in the Federal
Register as a notice of proposed rulemaking (NPRM) on May 13, 2003 (68
FR 25543). The NPRM proposed to require you to remove the affected fire
extinguishers from service and would prevent you from using any
affected fire extinguisher in the future.
Comments
Was the Public Invited To Comment?
We provided the public the opportunity to participate in the
[[Page 865]]
development of this AD. The following presents the comments received on
the proposal and FAA's response to each comment:
Comment Issue No. 1: Extend the Compliance Time
What Is the Commenter's Concern?
Several commenters recommend extending the compliance time from 6
months to 12 months, while one commenter recommends an extension to 18
months. The commenters state that the extension is necessary due to the
large number of affected extinguishers and the logistics involved with
AD compliance.
What Is FAA's Response to the Concern?
The FAA agrees that 12 months would be a more realistic compliance
time.
We are changing the final rule AD action accordingly.
Comment Issue No. 2: Clarify the Fire Extinguisher Applicability
What Is the Commenter's Concern?
Several commenters state that the current wording for the fire
extinguisher applicability of ``manufactured from 1995 through 2002 and
have a serial number of W-389653 or lower'' is confusing. The
commenters recommend the following language to more fully depict the
intended applicability:
Fire extinguishers affected by this AD are serial numbers V-
432001 through W-389653 inclusive that were manufactured sometime
from 1995--2002. Serial numbers are identified by the Underwriter's
Laboratories (UL) number printed on the label and are listed in
succession. Other variants of the UL number with prefixes other than
``V'' or ``W'' are not affected by this AD.
What Is FAA's Response to the Concern?
The FAA concurs that the recommended language more accurately
reflects the fire extinguisher serial number range.
We are changing the final rule AD action accordingly.
Comment Issue No. 3: Add a Dash Number to the Existing Part Number
What Is the Commenter's Concern?
One commenter recommends adding a dash number to the existing fire
extinguisher part number. The commenter states that this would allow
you to distinguish between pre- and post-bulletin modifications.
What Is FAA's Response to the Concern?
The FAA does not believe that this is necessary since the
replacement fire extinguishers will have their own separate and unique
serial numbers.
We are not making any changes to the final rule AD action.
Comment Issue No. 4: Cost Estimate Too High
What Is the Commenter's Concern?
One commenter states that FAA's estimate of 2 workhours to locate,
access, pack, ship, receive the new unit, store, and reinstall the new
unit is too high. The commenter states that 1 workhour is a
conservative estimate.
What Is FAA's Response to the Concern?
The FAA agrees that 1 workhour more adequately reflects the time
necessary to do the work.
We are changing the final rule AD action accordingly.
Comment Issue No. 5: Revise Fire Extinguisher Return Procedures
What Is the Commenter's Concern?
One commenter recommends that the AD should more clearly reference
the procedures in the service information for returning any fire
extinguishers. Specifically, the commenter states that you should not
discharge the fire extinguishers, and you should not ship them back to
Kidde because a special collection point is already established. This
information is outlined in the service information.
What Is FAA's Response to the Concern?
The FAA agrees that the return procedures should reference that in
the service information.
We are changing the final rule AD action accordingly.
Conclusion
What Is FAA's Final Determination on This Issue?
We have carefully reviewed the available data and determined that
air safety and the public interest require adopting the AD as proposed
except for the changes discussed above and minor editorial corrections.
We have determined that these changes and minor corrections:
--Provide the intent that was proposed in the NPRM for correcting the
unsafe condition; and
--Do not add any additional burden upon the public than was already
proposed in the NPRM.
Changes to 14 CFR Part 39--Effect on the AD
How Does the Revision to 14 CFR Part 39 Affect This AD?
On July 10, 2002, the FAA published a new version of 14 CFR part 39
(67 FR 47997, July 22, 2002), which governs the FAA's AD system. This
regulation now includes material that relates to altered products,
special flight permits, and alternative methods of compliance. This
material previously was included in each individual AD. Since this
material is included in 14 CFR part 39, we will not include it in
future AD actions.
Costs of Compliance
How Many Airplanes Does This AD Impact?
We estimate that this AD affects 38,695 airplanes in the U.S.
registry.
What Is the Cost Impact of This AD on Owners/Operators of the Affected
Airplanes?
We estimate the following costs to remove the affected fire
extinguishers from service (including replacing with another unit):
------------------------------------------------------------------------
Labor cost Parts cost Total cost per airplane
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1 workhour X $60 per hour = No cost for $60 per airplane.
$60. parts.
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Compliance Time of This AD
What Will Be the Compliance Time of This AD?
The compliance time of this AD will be ``within the next 12 months
after February 20, 2004 (the effective date of this AD).''
Why Is This Compliance Time Presented in Calendar Time Instead of Hours
Time-in-Service (TIS)?
Although the slow discharge of the fire extinguishers is only a
problem during flight, the unsafe condition is not
[[Page 866]]
a result of aircraft operation. Therefore, FAA has determined that a
compliance based on calendar time should be utilized in this AD in
order to ensure that the unsafe condition is addressed on all aircraft
in a reasonable time period.
Regulatory Findings
Will This AD Impact Various Entities?
We have 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.
Will This AD Involve a Significant Rule or Regulatory Action?
For the reasons discussed above, I certify that 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 summary of the costs to comply with this AD and
placed it in the AD Docket. You may get a copy of this summary by
sending a request to us at the address listed under ADDRESSES. Include
``AD Docket No. 2003-CE-19-AD'' in your request.
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 Federal Aviation Administration amends part 39 of the Federal
Aviation Regulations (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. FAA amends Sec. 39.13 by adding a new AD to read as follows:
2003-26-14 Kidde Aerospace: Amendment 39-13413; Docket No. 2003-CE-
19-AD.
When Does This AD Become Effective?
(a) This AD becomes effective on February 20, 2004.
What Other ADs Are Affected by This Action?
(b) None.
What Airplanes Are Affected by This AD?
(c) This AD affects aircraft that are certificated in any
category and incorporate hand-held halon fire extinguishers with the
following:
(1) Part number (P/N) 898052; and
(2) A serial number in the range of V-432001 through W-389653
inclusive that were manufactured sometime from 1995-2002.
(i) Serial numbers are identified by the Underwriter's
Laboratories (UL) number printed on the label and are listed in
succession.
(ii) Other variants of the UL number with prefixes other than
``V'' or ``W'' are not affected by this AD.
What Is the Unsafe Condition Presented in This AD?
(d) This AD is the result of information that shows that the
discharge time of the affected fire extinguishers exceeds the
maximum allowable discharge time. The problem is due to incomplete
crimping of the siphon tube. We are issuing this AD to remove from
service fire extinguishers that have this incomplete crimping of the
siphon tube. If not removed from service, these fire extinguishers
could function at diminished levels and compromise the level of
safety in an emergency situation.
What Must I Do To Address This Problem?
(e) To address this problem, you must accomplish the following:
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Actions Compliance Procedures
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(1) Remove from service any Within the next 12 Kidde Aerospace
P/N 898052 hand-held halon months after Service Bulletin
fire extinguisher that has February 20, 2004 898052-26-449,
a serial number of V-432001 (the effective date dated October 7,
through W-389653 inclusive of this AD). 2002, specifies
and was manufactured procedures for
sometime from 1995-2002. identifying the
You may not operate any affected fire
aircraft without the extinguishers. Use
applicable fire the procedures in
extinguishing equipment per this service
FAA regulation. bulletin for the
(i) Serial numbers are returned fire
identified by the extinguishers.
Underwriter's Laboratories Specifically, do
(UL) number printed on the not discharge them
label and are listed in or ship them to
succession.. Kidde Aerospace
(ii) Other variants of the since a special
UL number with prefixes collection point
other than ``V'' or ``W'' has already been
are not affected by this established. Ensure
AD.. that you follow all
Department of
Transportation
(DOT) regulations
(49 CFR) in the
transport of fire
extinguishing
equipment. The
regulations
identify fire
extinguishers
containing
compressed or
liquefied gas as
hazardous.
(2) The owner/operator Within the next 12 Not Applicable.
holding at least a private months after
pilot certificate as February 20, 2004
authorized by section 43.7 (the effective date
of the Federal Aviation of this AD).
Regulations (14 CFR 43.7)
may remove the fire
extinguisher specified in
paragraph (e)(1) of this
AD. Make an entry into the
aircraft records showing
compliance with this
portion of the AD in
accordance with section
43.9 of the Federal
Aviation Regulations (14
CFR 43.9).
(3) Do not install, on any As of February 20, Not Applicable.
aircraft, a Kidde Aerospace 2004 (the effective
P/N 898052 handheld halon date of this AD).
fire extinguisher V-432001
through W-389653 inclusive
that was manufactured
sometime from 1995-2002.
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[[Page 867]]
What About Alternative Methods of Compliance?
(f) You may request a different method of compliance or a
different compliance time for this AD by following the procedures in
14 CFR 39.13. Send your request to the Manager, Atlanta Aircraft
Certification Office, FAA. For information on any already approved
alternative methods of compliance, contact Charles H. Bowser, Flight
Test Engineer, FAA, Atlanta Aircraft Certification Office, One Crown
Center, 1895 Phoenix Boulevard, Suite 450, Atlanta, Georgia 30349;
telephone: (770) 703-6047; facsimile: (770) 703-6097.
Is There Material Incorporated by Reference?
(g) You must do the actions required by this AD per Kidde
Aerospace Service Bulletin 898052-26-449, dated October 7, 2002. The
Director of the Federal Register approved the incorporation by
reference of this service bulletin in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. You may get a copy from Kidde Aerospace,
Kidde Technologies, Inc., 4200 Airport Drive, NW, Wilson, North
Carolina 27896; telephone: (252) 237-7004. You may review copies at
FAA, Central Region, Office of the Regional Counsel, 901 Locust,
Room 506, Kansas City, Missouri 64106; or at the Office of the
Federal Register, 800 North Capitol Street, NW, suite 700,
Washington, DC.
Issued in Kansas City, Missouri, December 23, 2003.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 04-44 Filed 1-6-04; 8:45 am]
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