AD 2010-01-03

[Federal Register Volume 75, Number 2 (Tuesday, January 5, 2010)]
[Rules and Regulations]
[Pages 221-224]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: E9-31134]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1225; Directorate Identifier 2009-NM-257-AD; 
Amendment 39-16159; AD 2010-01-03]
RIN 2120-AA64


Airworthiness Directives; Fire Fighting Enterprises Limited 
Portable Halon 1211 Fire Extinguishers as Installed on Various 
Transport Airplanes, Small Airplanes, and Rotorcraft

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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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 certain 
FFE [Fire Fighting Enterprises] portable cabin and toilet 
compartment 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 January 20, 2010.
    We must receive comments on this AD by February 19, 2010.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a>; 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: 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.

SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued 
Emergency Airworthiness Directive 2009-0251-E, dated November 25, 2009, 
and Airworthiness Directive 2009-0262, dated December 15, 2009 
(referred to after this as ``the MCAI''), to correct an unsafe 
condition for the specified products. EASA AD 2009-0251-E 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 handheld fire extinguishers, 
usually fitted or stowed in aircraft cabins.
    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 now show that LyonTech 
Engineering Ltd, a UK-based company, has supplied a quantity of 
heavily contaminated Halon 1211 (BCF) to Fire Fighting Enterprises 
(FFE). This Halon 1211 has subsequently been used to fill certain 
FFE 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 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 all affected fire 
extinguishers and replacement with serviceable units.

EASA AD 2009-0262 adds the following:

    * * * On 25 November 2009, EASA Emergency AD 2009-0251E was 
published to address an earlier batch of extinguishers with 
contaminated Halon 1211.
    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 Fire Fighting 
Enterprises (FFE) that do not meet the required specification. This 
Halon 1211 has subsequently been used to fill certain FFE portable 
cabin and toilet compartment 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.
* * * * *
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

[[Page 222]]

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 
cabin and toilet compartment 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. 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-2009-1225; Directorate 
Identifier 2009-NM-257-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 <a href="http://www.regulations.gov">http://www.regulations.gov</a>, 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

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2010-01-03 Fire Fighting Enterprises Limited: Amendment 39-16159. 
Docket No. FAA-2009-1225; Directorate Identifier 2009-NM-257-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective January 
20, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to portable Halon 1211 (BCF) fire 
extinguishers manufactured by Fire Fighting Enterprises Limited. 
These fire extinguishers may be installed on (or carried or stowed 
on board) various transport airplanes, small airplanes, and 
rotorcraft, certificated in any category, identified in but not 
limited to the airplanes and rotorcraft of the manufacturers 
included in Table 1 of this AD, all type-certificated models.

               Table 1--Affected Airplanes and Rotorcraft
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               Manufacturer                       Product subtype
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328 Support Services GmbH (Type            Transport Airplane.
 Certificate previously held by AvCraft
 Aerospace GmbH; Fairchild Dornier GmbH;
 Dornier Luftfahrt GmbH).
Aermacchi S.p.A..........................  Small Airplane.
Agusta S.p.A.............................  Rotorcraft.
AgustaWestland...........................  Rotorcraft.
Airbus (Type Certificate previously held   Transport Airplane.
 by Airbus Industrie).
Aircraft Industries a.s. (Type             Small Airplane.
 Certificate previously held by
 LETECK[Eacute] Z[Aacute]VODY a.s.; LET
 Aeronautical Works).
Alenia Aeronautica.......................  Transport Airplane.

[[Page 223]]

 
B-N Group Ltd (Type Certificate            Small Airplane.
 previously held by Pilatus Britten-
 Norman Limited; Britten-Norman
 (Bembridge) Limited).
BAE Systems (Operations) Limited (Type     Transport Airplane.
 Certificate previously held by British
 Aerospace Regional Aircraft; British
 Aerospace (Commercial Aircraft) Limited;
 Jetstream Aircraft Limited; British
 Aerospace, PLC; Avro International
 Aerospace Division; British Aerospace).
The Boeing Company.......................  Transport Airplane.
Empresa Brasileira de Aeronautica S.A.     Transport Airplane.
 (EMBRAER).
Eurocopter Deutschland GMBH (ECD) (Type    Rotorcraft.
 Certificate previously held by
 Messerschmitt-Bolkow-Blohm-Gmbh).
Eurocopter France........................  Rotorcraft.
Fokker Services B.V......................  Transport Airplane.
Hawker Beechcraft (Type Certificate        Small Airplane.
 previously held by Raytheon Aircraft
 Company; Beech Aircraft Corporation).
Pilatus Aircraft Ltd.....................  Small Airplane.
Saab AB, Saab Aerosystems (Type            Transport Airplane.
 Certificate previously held by SAAB
 AIRCRAFT AB; SAAB[dash]Fairchild).
Short Brothers PLC (Type Certificate       Transport Airplane.
 previously held by Short Brothers, Ltd.).
Triton America LLC (Type Certificate       Small Airplane.
 previously held by AAI Acquisition, Inc;
 Adam Aircraft).
Vulcanair S.p.A. (Type Certificate         Small Airplane.
 previously held by Partenavia
 Costruzioni Aeronautiche S.p.A).
------------------------------------------------------------------------

Subject

    (d) Air Transport Association (ATA) of America Code 26: Fire 
Protection.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
consists of two European Aviation Safety Agency (EASA) ADs: 2009-
0251-E, dated November 25, 2009, and 2009-0262, dated December 15, 
2009. EASA AD 2009-0251-E 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 handheld fire extinguishers, 
usually fitted or stowed in aircraft cabins.
    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 now show that LyonTech 
Engineering Ltd, a UK-based company, has supplied a quantity of 
heavily contaminated Halon 1211 (BCF) to Fire Fighting Enterprises 
(FFE). This Halon 1211 has subsequently been used to fill certain 
FFE 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 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 all affected fire 
extinguishers and replacement with serviceable units.

EASA AD 2009-0262 adds the following:
* * * * *
    * * * On 25 November 2009, EASA Emergency AD 2009-0251E was 
published to address an earlier batch of extinguishers with 
contaminated Halon 1211.
    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 Fire Fighting 
Enterprises (FFE) that do not meet the required specification. This 
Halon 1211 has subsequently been used to fill certain FFE portable 
cabin and toilet compartment 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.
* * * * *

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Actions

    (g) Do the following actions.
    (1) Within 90 days after the effective date of this AD, replace 
portable Halon 1211 (BCF) fire extinguishers manufactured by Fire 
Fighting Enterprises Limited with serviceable fire extinguishers; 
except as provided by paragraph (g)(2) of this AD.
    (2) Fire extinguishers identified in paragraphs (g)(2)(i) and 
(g)(2)(ii) of this AD are not required to be replaced.
    (i) Fire extinguishers conclusively determined to have been most 
recently filled with Halon 1211 supplied by a company other than 
LyonTech Engineering Limited.
    (ii) Fire extinguishers that have been most recently filled by 
LyonTech Engineering Limited and that are conclusively determined by 
Fire Fighting Enterprises Limited to be filled with Halon 1211 that 
meets their design specification for Halon purity.
    (3) As of the effective date of this AD, do not install any 
portable fire extinguisher manufactured by Fire Fighting Enterprises 
Limited unless it has been conclusively determined that the last 
time it was filled, it was filled with Halon 1211 supplied by a 
company other than LyonTech Engineering Limited; or it has been 
conclusively determined by Fire Fighting Enterprises Limited that 
the last time it was filled, it was filled with Halon 1211 that 
meets their design specification for Halon purity.

FAA AD Differences

    Note:  This AD differs from the MCAI and/or service information 
as follows:
    (1) EASA ADs 2009-0251-E and 2009-0262 specify to inspect for 
certain fire extinguishers manufactured by Fire Fighting Enterprises 
Limited and replace if necessary. This AD requires replacing all 
fire extinguishers manufactured by Fire Fighting Enterprises Limited 
except as provided in paragraph (g)(2) of this AD.
    (2) EASA AD 2009-0251-E specifies a time of 2 days to do the 
actions and EASA AD 2009-0262 specifies a time of 30 days to do the 
actions. This AD requires that the actions be done within 90 days. 
We have determined that a 90-day compliance time will ensure an 
acceptable level of safety.

Other FAA AD Provisions

    (h) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The manager of 
the office having certificate responsibility for the affected 
product has the authority to approve AMOCs for this AD, if requested 
using the procedures found in 14 CFR 39.19. The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
will coordinate requests for approval of AMOCs with the manager of 
the appropriate office for the affected product. Send information to 
ATTN: 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. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office. 
The AMOC approval letter must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated

[[Page 224]]

agent). You are required to assure the product is airworthy before 
it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act (44 
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

Related Information

    (i) Refer to MCAI EASA Emergency Airworthiness Directive 2009-
0251-E, dated November 25, 2009; and EASA Airworthiness Directive 
2009-0262, dated December 15, 2009; for related information.

Material Incorporated by Reference

    (j) None.

    Issued in Washington, DC, on December 28, 2009.
Kalene C. Yanamura,
Acting Director, Aircraft Certification Service.
[FR Doc. E9-31134 Filed 1-4-10; 8:45 am]
BILLING CODE 4910-13-P