[Federal Register Volume 63, Number 229 (Monday, November 30, 1998)]
[Rules and Regulations]
[Pages 65701-65702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31607]
[[Page 65701]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 98-ANE-29-AD; Amendment 39-10914; AD 98-24-27]
Airworthiness Directives; First Technology Fire and Safety Ltd.
Toilet Compartment Fire Extinguishers
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This amendment adopts a new airworthiness directive (AD) that
is applicable to First Technology Fire and Safety Ltd. toilet
compartment fire extinguishers. This amendment requires inspection of
suspect fire extinguishers for leakage, and removal from service and
replacement with serviceable parts if the extinguisher is found to be
leaking. This amendment is prompted by reports of leakage at the fire
extinguisher's eutectic tip. The leakage is the result of a design
change. The actions specified by this 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: Effective January 29, 1999.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of January 29, 1999.
ADDRESSES: The service information referenced in this AD 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; or at the Federal Register, 800 North Capitol Street,
NW., suite 700, Washington, DC.
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: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to include an airworthiness
directive (AD) that is applicable to certain First Technology Fire and
Safety Ltd. toilet compartment fire extinguishers, approved for
installation on Airbus A320, A330, A340; British Aerospace Bae 146,
Bombardier CL-600-2B19 (CRJ), Dornier 328, Embraer EMB 145, and all
Fokker series airplanes, was published in the Federal Register on July
1, 1998 (63 FR 35884). That action proposed to require, within three
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.
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
Two commenters indicate that they do not operate any of the
affected airplanes.
One commenter does not concur with the 3 month compliance time. The
initial compliance deadline, for the First Technology fire and Safety
Service Bulletin (SB) No. 26-110, Revision 1, dated January 1998, was
April 1998. This allowed a sufficient amount of time since issuance of
the UK CAA AD to comply with the FAA AD. The commenter has since
withdrawn the request for an extended compliance period. The commenter
also requests that reference to Revision 1 of SB 26-110, dated January
1998, be made in the final rule since the SB dated January 1998,
referenced in the Notice for Proposed Rulemaking (NPRM) is Revision 1.
The FAA concurs. SB No. 26-110, Revision 1, dated January 1998 has been
listed in the Applicability section.
One commenter disagrees with the 3 minute inspection compliance
time. The 3 minute reference was for weighing the extinguisher. A
reasonable time period for inspection, weighing, and replacement of the
extinguisher is 20 minutes. The FAA concurs. The economic impact
statement has been revised.
After careful review of the available data, including the comments
noted above, the FAA has determined that air safety and the public
interest require the adoption of the rule with the changes described
previously. The FAA has determined that these changes will neither
increase the economic burden on any operator nor increase the scope of
the AD.
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 20 minutes per fire
extinguisher to accomplish the 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 AD on worldwide
operators is estimated to be $30,000.
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, Incorporation by
reference, 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 the following new airworthiness
directive:
98-24-27 First Technology Fire and Safety Ltd.: Amendment 39-10914.
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, Revision 1, dated January 1998. These fire
[[Page 65702]]
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,
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, Revision
1, 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.
(d) The actions required by this AD shall be done in accordance
with First Technology Fire and Safety Ltd. SB:
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Document No. Pages Revision Date
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26-110....................................... 1-4 1 January, 1998.
Total pages: 4
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This incorporation by reference was approved by the director of
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. Copies 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. Copies may be examined at
the FAA, New England Region, Office of the Regional Counsel, 12 New
England Executive Park, Burlington, MA; or at the Federal Register,
800 North Capitol Street, NW., suite 700, Washington, DC.
(e) This amendment becomes effective on January 29, 1999.
Issued in Burlington, Massachusetts, on November 18, 1998.
Jay J. Pardee,
Manager, Engine and Propeller Directorate, Aircraft Certification
Service
[FR Doc. 98-31607 Filed 11-27-98; 8:45 am]
BILLING CODE 4910-13-U
