DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0209; Product Identifier 2020-NM-004-AD; Amendment
39-21275; AD 2020-21-02]
RIN 2120-AA64

Airworthiness Directives; Kidde Aerospace & Defense

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
Kidde Aerospace & Defense cargo fire extinguisher halon bottles
installed on various transport category airplanes. This AD was prompted
by a report indicating that certain cargo fire extinguisher halon
bottles installed in the cargo compartment had low charge pressure.
This AD requires an inspection to determine the part number and serial
number of the cargo fire extinguisher halon bottles and replacement of
affected parts with serviceable parts. The FAA is issuing this AD to
address the unsafe condition on these products.

DATES: This AD is effective November 19, 2020.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of November 19,
2020.

ADDRESSES: For Boeing service information identified in this final
rule, contact Boeing Commercial Airplanes, Attention: Contractual &
Data Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach,
CA 90740-5600; telephone 562-797-1717; internet https://www.myboeingfleet.
com. For Kidde Aerospace & Defense service
information identified in this final rule contact Kidde Aerospace &
Defense, 4200 Airport Drive NW, Building B, Wilson, NC 27896-8630;
telephone 319-295-5000; http://kiddetechnologies.com/aviation/. You may
view this service information at the FAA, Airworthiness Products
Section, Operational Safety Branch, 2200 South 216th St., Des Moines,
WA. For information on the availability of this material at the FAA,
call 206-231-3195. It is also available on the internet at https://www.
regulations.gov by searching for and locating Docket No. FAA-2020-0209.

Examining the AD Docket

You may examine the AD docket on the internet at https://www.regulations.gov
by searching for and locating Docket No. FAA-2020-
0209; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Samuel Belete, Aerospace Engineer,
Systems and Equipment Section, FAA, Atlanta ACO Branch, 1701 Columbia
Avenue, College Park, GA 30337; phone: 404-474-5580; fax: 404-474-5606;
email: Samuel.Belete@faa.gov.

SUPPLEMENTARY INFORMATION:

Discussion

The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to Kidde Aerospace &
Defense cargo fire extinguisher halon bottles installed on various
transport category airplanes. The NPRM published in the Federal
Register on March 30, 2020 (85 FR 17507). The NPRM was prompted by a
report indicating that certain cargo fire extinguisher halon bottles
installed in the cargo compartment had low charge pressure. The NPRM
proposed to require an inspection to determine the part number and
serial number of the cargo fire extinguisher halon bottles and
replacement of affected parts with serviceable parts.

Comments

The FAA gave the public the opportunity to participate in
developing this final rule. The following presents the comments
received on the NPRM and the FAA's response to each comment.

Support for the NPRM

Boeing concurred with the content of the NPRM. United Airlines
agreed with the intent of the NPRM.

Request To Reduce the Compliance Time

The Air Line Pilots Association, International (ALPA) requested
that the compliance time specified in the proposed AD be reduced from
24 months to 12 months. The commenter stated that a compliance time of
12 months was specified in the Kidde Aerospace service information.
The FAA disagrees with the commenter's request. The preamble of the
NPRM included an explanation regarding the compliance time. As stated
in the NPRM, the Kidde Aerospace & Defense service information
specifies a compliance time of 12 months to do the inspection and
accomplish the replacement, and the Boeing service information
specifies a compliance time of 24 months to accomplish the replacement.
In developing an appropriate compliance time for this action, the FAA
considered the urgency associated with the subject unsafe condition,
the availability of required parts, and the practical aspects of
accomplishing the required replacement within a period of time that
corresponds to the normal scheduled maintenance for most affected
operators. In light of these items, the FAA determined that a 24-month
compliance time is appropriate and adequate to address the unsafe
condition. The FAA has not revised this AD in regard to this issue.

Request To Provide Detailed Information for Bottle Test and Refill

Southwest Airlines requested that paragraphs (g), (h), and (i) of
the proposed AD be revised to provide, or refer to, detailed
instructions on how to test and refill cargo fire extinguisher halon
bottles prior to marking them with a ``G'' stamp and returning them to
service. The commenter stated that it understood the intent of the NPRM
was to have the unsafe condition removed from operational airplanes by
having affected cargo fire extinguisher halon bottles removed and not
reinstalled until the halon bottles had been tested, refilled, and
marked with a ``G'' stamp. The commenter suggested that these actions
could be accomplished via standard airplane maintenance manual (AMM)
processes instead of using the procedures in the Boeing service
information that was specified in the proposed AD.
The FAA does not agree with the commenter's request. The
information provided in paragraphs (g), (h), and (i) of this AD is
specific and complete enough to address the unsafe condition. The
affected cargo fire extinguisher halon bottles are installed on various
transport category airplanes, and as such, referring to specific AMMs
is not practical. Furthermore, the FAA notes that only halon bottles
having certain serial numbers are affected and need to be replaced.
There are a significant number of cargo fire extinguisher halon bottles
with serial numbers that are not affected by the requirements of this
AD and that do not need to be removed and tested. Operators have the
option of installing a halon bottle with a serial number that is not
affected by the requirements of this AD, or installing a halon bottle
that has been refurbished by an authorized party. If operators
establish a different procedure to refurbish affected cargo fire
extinguisher halon bottles, they can apply for an alternative method of
compliance by using the procedures described in paragraph (l) of this
AD. The FAA has not revised this AD in regard to this issue.

Explanation of Change to Manufacturer's Name Specified in This Final
Rule

The FAA has revised paragraph (c)(2)(iv) of this AD to identify the
manufacturer name as MHI RJ Aviation UL (instead of Bombardier, Inc.),
as published in the most recent type certificate data sheet for the
affected models.

Conclusion

The FAA reviewed the relevant data, considered the comments
received, and determined that air safety and the public interest
require adopting this final rule with the change described previously
and minor editorial changes. The FAA has determined that these minor
changes:
Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related IBR Material Under 1 CFR Part 51

The FAA reviewed the following Boeing Alert Requirements Bulletins.
This service information describes procedures for an inspection to
determine the serial number of the cargo fire extinguisher halon bottle
having a certain part number and replacing affected parts with
serviceable parts. These documents are distinct since they apply to
different airplane models.
Alert Requirements Bulletin 737-26A1150 RB, dated
September 27, 2019.
Alert Requirements Bulletin 737-26A1151 RB, dated
September 27, 2019.
The FAA reviewed the following Kidde Aerospace & Defense service
information. This service information describes, among other actions,
procedures for replacing affected fire extinguishers (referred to as
``cargo fire extinguisher halon bottles'' in this AD) with serviceable
parts. These documents are distinct since they apply to different
airplane models.
Service Bulletin 473919-26-521, Rev 02, dated November 7,
2019.
Service Bulletin 473957-26-518, Rev 02, dated November 4,
2019.
This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Costs of Compliance

The FAA estimates that this AD affects 3,308 appliances installed
on, but not limited to, the transport category airplanes identified in
paragraphs (c)(2)(i) through (vii) of this AD. The FAA estimates the
following costs to comply with this AD:

Estimated Costs

The FAA estimates the following costs to do any necessary
replacements that would be required based on the results of the
inspection. The FAA has no way of determining the number of aircraft
that might need replacements:

On-Condition Costs

According to manufacturer for the cargo fire extinguisher halon
bottles, some or all of the costs of this AD may be covered under
warranty, thereby reducing the cost impact on affected individuals. The
FAA does not control warranty coverage for affected individuals. As a
result, the FAA has included all known costs in the cost estimate.

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.
The FAA is 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

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 that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Will not affect intrastate aviation in Alaska, 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.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation safety, Incorporation by
reference, 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 airworthiness
directive (AD):