DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0882; Project Identifier MCAI-2021-00929-Q;
Amendment 39-21780; AD 2021-22-07]
RIN 2120-AA64

Airworthiness Directives; Umlaut Engineering GmbH (Previously P3
Engineering GmbH) HAFEX (Halon-Free) Hand-Held Fire Extinguishers

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Umlaut Engineering GmbH (previously P3 Engineering GmbH) HAFEX
(Halon-free) hand-held fire extinguishers (fire extinguishers).This AD
was prompted by a report of a safety issue on certain fire
extinguishers, where certain environmental factors may prohibit the
discharge of the fire extinguisher. This AD requires repetitively
inspecting the fire extinguisher, and depending on the results,
removing the fire extinguisher from service. This AD also prohibits
installing an affected fire extinguisher unless it passes the required
inspections. The FAA is issuing this AD to address the unsafe condition
on these products.

DATES: This AD becomes effective November 18, 2021.
The Director of the Federal Register approved the incorporation by
reference of a certain document listed in this AD as of November 18,
2021.
The FAA must receive comments on this AD by December 20, 2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to https://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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For service information identified in this final rule, contact
Umlaut Engineering GmbH, Blohmstrasse 12, 21079 Hamburg, Germany;
telephone: +49 (0) 551-19240; email: hafex@umlaut.com; or web: https://www.umlaut.com/hafex. You may view this service information at the FAA,
Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy.,
Room 6N-321, Fort Worth, TX 76177. For information on the availability
of this material at the FAA, call (817) 222-5110. Service information
that is incorporated by reference is also available at https://www.regulations.gov
by searching for and locating Docket No. FAA-2021-0882.

Examining the AD Docket

You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0882; 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,
European Union Aviation Safety Agency (EASA) AD, any comments received,
and other information. The street address for Docket Operations is
listed above.

FOR FURTHER INFORMATION CONTACT: Hal Jensen, Aerospace Engineer,
Operational Safety Branch, Compliance & Airworthiness Division, FAA,
950 L'Enfant Plaza N SW, Washington, DC 20024; telephone (202) 267-
9167; email hal.jensen@faa.gov.

SUPPLEMENTARY INFORMATION:

Background

EASA, which is the Technical Agent for the Member States of the
European Union, has issued a series of ADs, the most recent being EASA
AD 2021-0185R1, dated August 11, 2021 (EASA AD 2021-0185R1), to correct
an unsafe condition for Umlaut Engineering GmbH, formerly P3
Engineering GmbH, fire extinguishers, having part number (P/N)
P3APP003010A, P/N P3APP003010B, or P/N P3APP003010C. EASA advises of a
safety issue that has been reported on the affected fire extinguishers
where certain environmental conditions may prohibit discharge of the
fire extinguisher. An investigation has determined that prolonged
exposure to high temperature conditions can dislodge the spindle in the
fire extinguisher head, subsequently making the fire extinguisher
inoperative. This condition, if not addressed, could prevent proper
extinguishing of a fire in the cabin or cockpit, possibly resulting in
damage to the aircraft and injury to the occupants.
Initially, EASA issued EASA AD 2021-0185, dated August 5, 2021
(EASA AD 2021-0185), which required repetitive inspections of each
affected fire extinguisher, and, depending on findings, replacement with a
serviceable part, as identified in EASA AD 2021-0185. EASA AD 2021-0185
also required inspection of an affected fire extinguisher prior to the
return to service of an aircraft with an affected part installed if the
aircraft had been parked or stored for a period of 30 days or more.
EASA AD 2021-0185 also required inspection of an affected fire
extinguisher prior to installation on any aircraft.
EASA later issued EASA AD 2021-0185R1 to revise EASA AD 2021-0185.
EASA AD 2021-0185R1 contains the same requirements, clarifies some
nomenclature, removes the Group definitions and references, and adds
Note 3 to clarify the parts prohibition.

FAA's Determination

These products have been approved by EASA and are approved for
operation in the United States. Pursuant to the FAA's bilateral
agreement with the European Union, EASA has notified the FAA about the
unsafe condition described in its AD. The FAA is proposing this AD
after evaluating all known relevant information and determining that
the unsafe condition described previously is likely to exist or develop
on other products.

Related Service Information Under 1 CFR Part 51

The FAA reviewed Umlaut Vendor Service Bulletin (VSB) Doc. No.
P3VSB000003, Issue C, dated August 3, 2021 (VSB P3VSB000003, Issue C).
This service information specifies procedures for identifying affected
fire extinguishers with P/N P3APP003010A, P3APP003010B, or
P3APP003010C. VSB P3VSB000003, Issue C, also specifies procedures for
inspecting and depending on the results, replacing affected fire
extinguishers.
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.

Other Related Service Information

The FAA also reviewed Umlaut VSB Doc. No. P3VSB000003, Issue A,
dated May 10, 2021 (VSB P3VSB000003, Issue A), and Issue B, dated July
14, 2021 (VSB P3VSB000003, Issue B). VSB P3VSB000003, Issue A, and VSB
P3VSB000003, Issue B, specify the same procedures as VSB P3VSB000003,
Issue C, except VSB P3VSB000003, Issue B updated the introductory
information of the Accomplishment Instructions, revised the
determination/evaluation of the aircraft/equipment history procedures,
and clarified reporting procedures; and VSB P3VSB000003, Issue C, adds
more in-depth inspection procedures.

AD Requirements

This AD requires within 30 days after the effective date of this
AD, and thereafter at intervals not to exceed 6 months, repetitively
inspecting an affected fire extinguisher and depending on the results,
removing the fire extinguisher from service. For an affected fire
extinguisher that is installed on any aircraft that has not been in
operation for 30 or more consecutive days, or if it cannot be
determined how long an aircraft has not been in operation, this AD
requires those actions before further flight and thereafter at
intervals not to exceed 6 months. This AD also prohibits installing, as
a replacement part or as an original installation, an affected fire
extinguisher on any aircraft unless it passes the required inspections.

Differences Between This AD and the EASA AD

If it cannot be determined how long an aircraft (with an affected
fire extinguisher installed) has not been in operation, this AD
requires inspecting each affected fire extinguisher before further
flight, whereas EASA AD 2021-0185R1 does not.

Justification for Immediate Adoption and Determination of the Effective
Date

Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies foregoing notice and comment prior to adoption of this rule
because the initial inspection of the fire extinguisher must be
accomplished within 30 days after the effective date of this AD.
Accordingly, notice and opportunity for prior public comment are
impracticable and contrary to the public interest pursuant to 5 U.S.C.
553(b)(3)(B).
In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forego notice and
comment.

Comments Invited

The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2021-0882; Project Identifier MCAI-
2021-00929-Q'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this final rule because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this final rule.

Confidential Business Information

CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to Hal
Jensen, Aerospace Engineer, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 950 L'Enfant Plaza N SW, Washington, DC
20024; telephone (202) 267-9167; email hal.jensen@faa.gov. Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.

Regulatory Flexibility Act

The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because the FAA has determined
that it has good cause to adopt this rule without prior notice and
comment, RFA analysis is not required.

Costs of Compliance

The FAA estimates that this AD affects up to 2,850 fire
extinguishers installed on aircraft of U.S. registry. Labor rates are
estimated at $85 per work-hour. Based on these numbers, the FAA
estimates the following costs to comply with this AD.
Inspecting an affected fire extinguisher would take about 0.25
work-hour for an estimated cost of $21 per fire extinguisher, and up to
$59,850 for the U.S. fleet, per inspection cycle. Replacing an affected
fire extinguisher would take about 0.25 work-hour and parts would cost
about $1,200 for an estimated cost of $1,221 per fire extinguisher.

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

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

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: