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AGENCY: Federal Aviation Administration
(FAA), Department of Transportation (DOT).
ACTION: Final rule; request for comments.
SUMMARY: We are adopting a new airworthiness directive (AD) for
the products listed above. This AD results from mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another country
to identify and correct an unsafe condition on an aviation product. The
MCAI describes the unsafe condition as:
The Civil Aviation Authority of the United Kingdom (UK) has informed EASA
[European Aviation Safety Agency] that significant quantities of Halon
1211 gas, determined to be outside the required specification, have been
supplied to the aviation industry for use in fire extinguishing equipment.
* * *
* * * * *
* * * This Halon 1211 has subsequently been used to fill P/N [part number]
1708337B4 portable fire extinguishers that are now likely to be installed
in or carried on board aircraft.
The contaminated nature of this gas, when used against a fire, may provide
reduced fire suppression, endangering the safety of the aircraft and its
occupants. In addition, extinguisher activation may lead to release of
toxic fumes, possibly causing injury to aircraft occupants.
* * * * *
This AD requires actions that are intended to address the unsafe condition
described in the MCAI.
DATES: This AD becomes effective March 8, 2010.
We must receive comments on this AD by April 5, 2010.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http:// www.regulations.gov. Follow
the instructions for submitting comments.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington,
DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-40, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays.
Examining the AD Docket
You may examine the AD docket on the Internet at 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: For transport airplanes: Dan Rodina,
Aerospace Engineer, International Branch, ANM-116, Transport Airplane
Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-3356;
telephone (425) 227-2125; fax (425) 227-1149.
For small airplanes: Leslie B. Taylor, Aerospace Engineer, Standards Staff,
Small Airplane Directorate, FAA, 901 Locust Street, Room 301, Kansas City,
MO 64106; telephone (816) 329-4134; fax (816) 329-4090.
For rotorcraft: DOT/FAA Southwest Region, J.R. Holton, Jr., ASW- 112,
Aviation Safety Engineer, Rotorcraft Directorate, Safety Management Group,
2601 Meacham Blvd., Fort Worth, TX 76137; telephone (817) 222-4964; fax
(817) 222-5961.
SUPPLEMENTARY INFORMATION:
Discussion
The European Aviation Safety Agency (EASA), which is the Technical Agent
for the Member States of the European Community, has issued Airworthiness
Directive 2009-0278, dated December 22, 2009, (referred to after this
as "the MCAI''), to correct an unsafe condition for the specified products.
The MCAI states:
The Civil Aviation Authority of the United Kingdom (UK) has informed EASA
that significant quantities of Halon 1211 gas, determined to be outside
the required specification, have been supplied to the aviation industry
for use in fire extinguishing equipment. Halon 1211 (BCF) is used in portable
fire extinguishers, usually fitted or stowed in aircraft passenger cabins
and flight decks.
EASA published Safety Information Bulletin (SIB) 2009-39 on 23 October
2009 to make the aviation community aware of this safety concern.
The results of the ongoing investigation have now established that LyonTech
Engineering Ltd, a UK-based company, has supplied further consignments
of Halon 1211 (BCF) to SICLI that do not meet the required specification.
This Halon 1211 has subsequently been used to fill P/N [part number] 1708337B4
portable fire extinguishers that are now likely to be installed in or
carried on board aircraft.
The contaminated nature of this gas, when used against a fire, may provide
reduced fire suppression, endangering the safety of the aircraft and its
occupants. In addition, extinguisher activation may lead to release of
toxic fumes, possibly causing injury to aircraft occupants.
For the reason described above, this EASA AD requires the identification
and removal from service of certain batches of fire extinguishers and
replacement with serviceable units.
You may obtain further information by examining the MCAI in the AD docket.
FAA's Determination and Requirements of This AD
This product has been approved by the aviation authority of another country,
and is approved for operation in the United States. Pursuant to our bilateral
agreement with the State of Design Authority, we have been notified of
the unsafe condition described in the MCAI and service information referenced
above. We are issuing this AD because we evaluated all pertinent information
and determined the unsafe condition exists and is likely to exist or develop
on other products of the same type design.
Differences Between the AD and the MCAI
We have reviewed the MCAI and, in general, agree with their substance.
But we might have found it necessary to use different words from those
in the MCAI to ensure the AD is clear for U.S. operators and is enforceable.
In making these changes, we do not intend to differ substantively from
the information provided in the MCAI and related service information.
We might also have required different actions in this AD from those in
the MCAI in order to follow FAA policies. Any such differences are highlighted
in a Note within the AD.
FAA's Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of this
AD. The FAA has found that the risk to the flying public justifies waiving
notice and comment prior to adoption of this rule because contaminated
Halon 1211 gas has been used to fill certain portable fire extinguishers
that are now likely to be installed in or carried on board aircraft. Contaminated
Halon 1211 gas, when used against a fire, may have reduced fire suppression
capabilities, endangering the safety of the aircraft and its occupants.
In addition, extinguisher activation may release toxic fumes, possibly
causing injury to aircraft occupants. Therefore, we determined that notice
and opportunity for public comment before issuing this AD are impracticable
and that good cause exists for making this amendment effective in less
than 30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight safety,
and we did not precede it by notice and opportunity for public comment.
We invite you to send any written relevant data, views, or arguments about
this AD. Send your comments to an address listed under the ADDRESSES section.
Include "Docket No. FAA-2010-0126; Directorate Identifier 2010-NM-015-AD''
at the beginning of your comments. We specifically invite comments on
the overall regulatory, economic, environmental, and energy aspects of
this AD. We will consider all comments received by the closing date and
may amend this AD because of those comments.
We will post all comments we receive, without change, to 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, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by adding the following new AD:
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