[Federal Register Volume 64, Number 132 (Monday, July 12, 1999)]
[Proposed Rules]
[Pages 37471-37473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17552]
[[Page 37471]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 98-CE-113-AD]
RIN 2120-AA64
Airworthiness Directives; Overland Aviation Services Fire
Extinguishing System Bottle Cartridges
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes to adopt a new airworthiness directive
(AD) that would apply to certain Overland Aviation Services fire
extinguishing system bottle cartridges that were distributed during a
certain time period. The proposed AD would require removing from
service any of these fire extinguishing system bottle cartridges. The
proposed AD is the result of several incidents where the fire
extinguishing system bottle cartridges activated with excessive
energetic force. In one instance, the discharge valve outlet screen
fractured and the screen material went through the distribution
manifold. The actions specified by the proposed AD are intended to
prevent damage to fire extinguishing system components caused by a fire
extinguishing system bottle cartridge activating with excessive
energetic force, which could result in the fire extinguishing system
operating improperly.
DATES: Comments must be received on or before September 3, 1999.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Central Region, Office of the Regional Counsel,
Attention: Rules Docket No. 98-CE-113-AD, Room 1558, 601 E. 12th
Street, Kansas City, Missouri 64106. Comments may be inspected at this
location between 8 a.m. and 4 p.m., Monday through Friday, holidays
excepted.
Service information that applies to the proposed AD may be obtained
from Overland Aviation Services, 10271 Bach Boulevard, St. Louis,
Missouri; telephone: (314) 428-2062; facsimile: (314) 428-3403. This
information also may be examined at the Rules Docket at the address
above.
FOR FURTHER INFORMATION CONTACT: Jeffrey D. Janusz, Aerospace Engineer,
FAA, Wichita Aircraft Certification Office, 1801 Airport Road, Mid-
Continent Airport, Wichita, Kansas 67209; telephone: (316) 946-4148;
facsimile: (316) 946-4407.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to participate in the making of the
proposed rule by submitting such written data, views, or arguments as
they may desire. Communications should identify the Rules Docket number
and be submitted in triplicate to the address specified above. All
communications received on or before the closing date for comments,
specified above, will be considered before taking action on the
proposed rule. The proposals contained in this notice may be changed in
light of the comments received.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the proposed rule. All
comments submitted will be available, both before and after the closing
date for comments, in the Rules Docket for examination by interested
persons. A report that summarizes each FAA-public contact concerned
with the substance of this proposal will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this notice must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket No. 98-CE-113-AD.'' The postcard will be date stamped and
returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the FAA, Central Region, Office of the Regional Counsel, Attention:
Rules Docket No. 98-CE-113-AD, Room 1558, 601 E. 12th Street, Kansas
City, Missouri 64106.
Discussion
The FAA has received reports of several incidents where fire
extinguishing system bottle cartridges that were manufactured by
Overland Aviation Services activated with excessive energetic force. In
one instance, the discharge valve outlet screen fractured and the
screen material went through the distribution manifold.
The fire extinguishing system bottle cartridges are considered
critical parts. The fire extinguishing system is only required to
function after a failure or series of failures have occurred and
developed into the potential for a fire. In the above-referenced
incidents, the fire extinguishing system could not be relied on because
of the potential for damage to the fire extinguishing system components
that could result from a cartridge activating with excessive energetic
force. Overland Aviation Services distributed fire extinguishing system
bottle cartridges that could incorporate this problem from April 1,
1996, through September 15, 1997.
Relevant Service Information
Overland Aviation Services issued Service Bulletin 22-09-97, not
dated, which contains information pertaining to the above-referenced
condition.
The FAA's Determination
After examining the circumstances and reviewing all available
information related to the incidents described above, the FAA has
determined that AD action should be taken to prevent damage to fire
extinguishing system components caused by a fire extinguishing system
bottle cartridge activating with excessive energetic force, which could
result in the fire extinguishing system operating improperly.
Explanation of the Provisions of the Proposed AD
Since an unsafe condition has been identified that is likely to
exist or develop in Overland Aviation Services fire extinguishing
system bottle cartridges that were distributed from April 1, 1996,
through September 15, 1997, the FAA is proposing AD action. The
proposed AD would require removing from service any of these fire
extinguishing system bottle cartridges.
Compliance Time of the Proposed AD
The unsafe condition described in this proposed AD is not a direct
result of aircraft operation. The fire extinguishing system bottle
cartridges could activate with excessive energetic force the first time
they are used during flight. This could occur on an aircraft with 50
hours time-in-service (TIS) or an aircraft with 10,000 hours TIS.
Therefore, to assure that the unsafe condition is corrected in a timely
manner, the proposed AD is utilizing a compliance time of 120 days
after the effective date of the AD.
Cost Impact
The FAA estimates that 5,128 fire extinguishing system bottle
cartridges would be affected by the proposed AD, that it would take
approximately 8 workhours per cartridge to accomplish the proposed
action, and that the average labor rate is approximately $60 an hour.
Warranty credit from Overland Aviation Services will cover the cost of
replacement cartridges. Based on these
[[Page 37472]]
figures, the total cost impact of the proposed AD on U.S. operators is
estimated to be $2,461,440, or $480 per fire extinguishing system
bottle cartridge.
Overland Aviation Services reports that 2,100 parts have been
removed from service. This reduces the cost impact of the proposed AD
from $2,504,640, to $1,453,440.
The number of cartridges utilized varies from airplane to airplane.
The FAA has no way of determining which airplanes have the affected
fire extinguishing system bottle cartridges incorporated. Therefore,
the FAA has presented the cost impact of the proposed AD based upon the
number of fire extinguishing system bottle cartridges manufactured
instead of the number of airplanes affected.
Regulatory Impact
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 action: (1) Is
not a ``significant regulatory action'' under Executive Order 12866;
(2) is not a ``significant rule'' under 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 has been placed 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, 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 adding a new airworthiness directive
(AD) to read as follows:
Overland Aviation Services: Docket No. 98-CE-113-AD.
Applicability: The fire extinguishing system bottle cartridges
presented below that were distributed from April 1, 1996, through
September 15, 1997, and are installed on, but not limited to the
following aircraft:
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Walter Aerospace (WKA)
fire extinguishing
Overland Aviation Services (OAS) system (Firex) bottle Make/model of Cartridge lot No.
cartridge part Nos. assembly basic part applicable aircraft
No.
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OA47200......................... 472073, 472420, Aerospatiale ATR72 SBI 1-1
472467, 897885, Series ATR42-200, - SBI 1-2
897878, 899170. 300, - 320.
Embraer EMB-120
Series.
OA841155........................ 898768, 890532, Boeing 707-100, -100B SBI 1-3
890598, 890599, Series, -300 Series, OAS 1-2
891070, 891147, 720B.
891814, 893675, McDonnell Douglas DC-
892308. 8, -8F Series.
Lockheed 382, 382E,
382F, 382G.
Sabreliner NA-265
Series.
Bell 204B.
OA873364........................ 893523, 893524, Gulfstream G-1159, G- SBI 1-3
893456, 893726, 1159B, G-1159A.
472049, 472162, Cessna 425, 441, 550,
895353, 894703, S550, 551, 552.
472389, 472390, Fokker F.28 Series.
893572, 897770,
898066, 898006.
SAAB 340 Series.
Bell 412.
OA873571........................ 893244, 899827, Boeing 707-100, -100B SBI 2-2
899927, 892807, Series, -300 Series,
892857. 720B.
McDonnell Douglas DC-
8, -8F Series, DC-9
Series.
Lockheed 382, 382E,
382F, 382G.
OA876296........................ 895240, 895678, McDonnell Douglas DC- SBI 1-1
895683, 895564, 9-81, DC-9-82, DC-9- OAS 1-1
898150, 472603, 83, DC-10 Series.
472602, 473598, Airbus A300 Series.
896054, 895877.
OA876299........................ 895656, 895752, Lockheed L-1011 SBI 1-1
895848, 897785, Series.
897797, 897798,
472268, 896166,
896165.
OA897776........................ 897869, 899486, Canadair CL-600-1A11, SBI 1-4
897899, 897885, CL-600-2A12, CL-600- SBI 1-15
899170, 472258, 2B16. SBI 1-16
472428, 899074, Embraer EMB-120, EMB- OAS 1-1
897775, 899066. 120RT
Sikorsky S-76A
SAAB 340 Series
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Note 1: Overland Aviation Services distributed the affected fire
extinguishing system bottle cartridges from April 1, 1996, through
September 15, 1997. Those cartridges incorporated on the aircraft
prior to April 1, 1996, would not be affected by this AD. This AD
allows the aircraft owner or pilot to check the maintenance records
to determine whether the fire extinguishing system bottle cartridges
were installed since April 1, 1996. See paragraph (d) of this AD for
authorization.
Note 2: Procurement records may show if the owner/operator has
ever bought affected parts, for spares or time replacements, for
airplane installation, or to support a repair shop. These could be
cross-referenced to the lots that are suspect. Additionally, a
review of procurement records with respect to the part number, lot
number, and distribution date of the suspect lots would also reduce
the
[[Page 37473]]
owners'/operators' workload of having to examine all applicable Air
Transport Association (ATA) codes in the databases. A search of the
maintenance/inspection records and logbooks of a specific airplane
make and model and serial number could be beneficial.
Note 3: The fire extinguishing system parts are installed up to
a hex wrenching flat on the cartridge body. These wrenching flats
have the part number, lot number, and date of manufacture stamped on
them, as well as safety wire holes. When installed, the safety wire
will probably cover up at least one bit of the above information.
Inspecting the wrenching flats could help determine whether the fire
extinguishing system bottle cartridges contain an affected part
number or lot number.
Note 4: This AD applies to each aircraft that incorporates one
of the fire extinguishing system bottle cartridges identified in the
preceding applicability provision, regardless of whether the
aircraft has been modified, altered, or repaired in the area subject
to the requirements of this AD. For aircraft 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 (f) 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 in the body of this AD, unless
already accomplished.
Note 5: ``Unless already accomplished'' credit may be extended
to the records check allowed by this AD provided that the records
are checked to cover any time period that has elapsed since the
previous check.
To prevent damage to fire extinguishing system components caused
by a fire extinguishing system bottle cartridge activating with
excessive energetic force, which could result in the fire
extinguishing system operating improperly, accomplish the following:
(a) Within the next 120 calendar days after the effective date
of this AD, remove from service any fire extinguishing system bottle
cartridge referenced in the Applicability section of this AD, and
replace it with an FAA-approved fire extinguishing system bottle
cartridge that is not of the affected part numbers.
(b) As of the effective date of this AD, no person shall
install, on any aircraft, any affected Overland Aviation Services
fire extinguishing system bottle cartridge that was distributed from
April 1, 1996, through September 15, 1997.
(c) The FAA requests that any fire extinguishing system bottle
cartridge removed from service that has not been fired or cartridges
that are held in inventory be sent to the manufacturer for analysis.
Contact Jeff Janusz, Aerospace Engineer, at the FAA,Wichita Aircraft
Certification Office (ACO), for shipping instructions; telephone:
(316) 946-4148; e:mail: jeff.janusz@faa.gov.
(d) The owner/operator holding at least a private pilot
certificate as authorized by section 43.7 of the Federal Aviation
Regulations (14 CFR 43.7) may check the maintenance records to
determine whether any of the affected fire extinguishing system
bottle cartridges were installed since April 1, 1996. If an affected
fire extinguishing system bottle cartridge was installed prior to
April 1, 1996, the AD does not apply and the owner/operator must
make an entry into the aircraft records showing compliance with this
AD in accordance with section 43.9 of the Federal Aviation
Regulations (14 CFR 43.9).
(e) 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 airplane to a location where
the requirements of this AD can be accomplished.
(f) An alternative method of compliance or adjustment of the
compliance times that provides an equivalent level of safety may be
approved by the Manager, Wichita ACO, 1801 Airport Road, Room 100,
Mid-Continent Airport, Wichita, Kansas 67209. The request shall be
forwarded through an appropriate FAA Maintenance Inspector, who may
add comments and then send it to the Manager, Wichita ACO.
Note 6: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Wichita ACO.
(g) All persons affected by this directive may obtain copies of
the documents referred to herein upon request to Overland Aviation
Services, 10271 Bach Boulevard, St. Louis, Missouri; or may examine
these documents at the FAA, Central Region, Office of the Regional
Counsel, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106.
Issued in Kansas City, Missouri, on July 2, 1999.
Marvin R. Nuss,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 99-17552 Filed 7-9-99; 8:45 am]
BILLING CODE 4910-13-P
