AD 2010-05-01

[Federal Register Volume 75, Number 37 (Thursday, February 25, 2010)]
[Rules and Regulations]
[Pages 8476-8479]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2010-3558]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0155; Directorate Identifier 2010-NM-026-AD; 
Amendment 39-16210; AD 2010-05-01]
RIN 2120-AA64


Airworthiness Directives; ATR-GIE Avions de Transport 
R[eacute]gional Model ATR42 and ATR72 Airplanes

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 
* * * portable fire extinguishers that are now likely to be 
installed in or carried on board ATR aeroplanes.
    The contaminated nature of this gas, when used against a fire, 
may provide reduced fire suppression, endangering the safety of the 
aeroplane and its occupants. In addition, extinguisher activation 
may lead to the release of toxic fumes, possibly causing injury to 
aeroplane occupants.

* * * * *
This AD requires actions that are intended to address the unsafe 
condition described in the MCAI.

DATES: This AD becomes effective March 12, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of March 12, 
2010.
    We must receive comments on this AD by April 12, 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.

[[Page 8477]]

    <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: Tom Rodriguez, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1137; 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 EASA 
Airworthiness Directive 2009-0276R1, dated February 5, 2010 (referred 
to after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI 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 lavatory waste bin fire 
extinguishers and portable fire extinguishers, usually fitted or 
stowed in aircraft passenger cabins and flight decks.
    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 have now established 
that LyonTech Engineering Ltd, a UK-based company, has supplied 
further consignments of Halon 1211 (BCF) to L'Hotellier that do not 
meet the required specification. This Halon 1211 has subsequently 
been used to fill certain P/N 863521-01 portable fire extinguishers 
that are now likely to be installed in or carried on board ATR 
aeroplanes.
    The contaminated nature of this gas, when used against a fire, 
may provide reduced fire suppression, endangering the safety of the 
aeroplane and its occupants. In addition, extinguisher activation 
may lead to the release of toxic fumes, possibly causing injury to 
aeroplane occupants.
    For the reasons described above, this EASA AD requires the 
identification and removal from service of certain batches of fire 
extinguishers and replacement with serviceable units.

    This [EASA] AD has been revised to extend the compliance time.
    You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    L'Hotellier has issued Service Bulletins 863521-26-001, Revision 1, 
dated January 28, 2010; and Revision 2, dated February 4, 2010. The 
actions described in this service information are intended to correct 
the unsafe condition identified in the MCAI.

Other Relevant Rulemaking

    We issued AD 2010-01-03, amendment 39-16159 (75 FR 221, January 5, 
2010), on December 28, 2009. That AD applies to certain portable fire 
extinguishers manufactured by Fire Fighting Enterprises Limited that 
contain suspect Halon gas and that are installed on (or carried or 
stowed on board) a broad range of airplanes and rotorcraft including 
but not limited to those listed in Table 1 of that AD. Although ATR-GIE 
Avions de Transport R[eacute]gional airplanes are not listed in Table 1 
of the applicability of AD 2010-01-03, they are affected by that AD.
    This AD affects only ATR-GIE Avions de Transport R[eacute]gional 
airplanes that have certain portable fire extinguishers manufactured by 
L'Hotellier that contain suspect Halon gas. We are able to be specific 
in this AD because L'Hotellier fire extinguishers are installed on 
Model ATR42 and ATR72 airplanes as part of their type design, and these 
fire extinguishers do not hold an FAA-approval independent of their 
installation. Therefore, this AD addresses the identified unsafe 
condition for those airplanes that have L'Hotellier fire extinguishers 
having the part number and serial numbers specified in this AD.

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 develop on other products of the same 
type design.

Differences Between the AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information 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 fire 
extinguishers installed on Model ATR42 and ATR72 airplanes. 
Contaminated Halon 1211 gas, when used against a fire, may have reduced 
fire suppression capabilities, endangering the safety of the aircraft 
and its occupants. In addition, extinguisher activation may release 
toxic fumes that could possibly cause 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 fewer 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-2010-0155; Directorate 
Identifier 2010-NM-026-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

[[Page 8478]]

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, Incorporation by 
reference, 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:

2010-05-01 ATR-GIE Avions de Transport R[eacute]gional: Amendment 
39-16210. Docket No. FAA-2010-0155; Directorate Identifier 2010-NM-
026-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective March 
12, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to ATR-GIE Avions de Transport 
R[eacute]gional Model ATR42-200, -300, -320, and -500 airplanes; and 
Model ATR72-101, -201, -102, -202, -211, -212, and -212A airplanes; 
certificated in any category, all serial numbers, equipped with 
L'Hotellier Halon 1211 (BCF) fire extinguishers, having part number 
(P/N) 863521-01 and having any serial number identified in paragraph 
1.A. of L'Hotellier Service Bulletin 863521-26-001, Revision 2, 
dated February 4, 2010.

Subject

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

Reason

    (e) The mandatory continued airworthiness information (MCAI) 
states:
    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. Halon 1211 (BCF) is used in 
lavatory waste bin fire extinguishers and portable fire 
extinguishers, usually fitted or stowed in aircraft passenger cabins 
and flight decks.
    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 have now established 
that LyonTech Engineering Ltd, a UK-based company, has supplied 
further consignments of Halon 1211 (BCF) to L'Hotellier that do not 
meet the required specification. This Halon 1211 has subsequently 
been used to fill certain P/N 863521-01 portable fire extinguishers 
that are now likely to be installed in or carried on board ATR 
aeroplanes.
    The contaminated nature of this gas, when used against a fire, 
may provide reduced fire suppression, endangering the safety of the 
aeroplane and its occupants. In addition, extinguisher activation 
may lead to the release of toxic fumes, possibly causing injury to 
aeroplane occupants.
    For the reasons described above, this EASA AD requires the 
identification and removal from service of certain batches of fire 
extinguishers and replacement with serviceable units.
    This [EASA] AD has been revised to extend the compliance time.

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) Within 90 days after the effective date of this AD, replace 
all L'Hotellier fire extinguishers having P/N 863521-01 and having 
any serial number identified in paragraph 1.A. of L'Hotellier 
Service Bulletin 863521-26-001, Revision 2, dated February 4, 2010, 
with serviceable fire extinguishers.
    (h) As of the effective date of this AD, do not install any 
L'Hotellier fire extinguisher having P/N 863521-01 and having any 
serial number identified in paragraph 1.A. of L'Hotellier Service 
Bulletin 863521-26-001, Revision 2, dated February 4, 2010, on any 
airplane, unless it has been reconditioned with compliant Halon 1211 
(BCF) and re-identified, in accordance with the Accomplishment 
Instructions of L'Hotellier Service Bulletin 863521-26-001, Revision 
1, dated January 28, 2010; or Revision 2, dated February 4, 2010.

FAA AD Differences

    Note 1:  This AD differs from the MCAI and/or service 
information as follows:

    (1) EASA AD 2009-0276R1, dated February 5, 2010, specifies a 
time of 4 months 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.
    (2) EASA AD 2009-0276R1, dated February 5, 2010, includes fire 
extinguishers having certain serial numbers in its applicability. 
The EASA AD also includes a requirement to inspect to determine if 
the fire extinguishers have those serial numbers and replacement if 
necessary. Since the affected fire extinguishers are part of the 
applicability, it is not necessary to also require inspecting for 
them. Therefore, this AD includes fire extinguishers having certain 
serial numbers in its applicability and does not include an 
additional requirement to inspect for serial numbers; this AD 
requires replacement of all affected fire extinguishers.

Other FAA AD Provisions

    (i) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane

[[Page 8479]]

Directorate, FAA, has the authority to approve AMOCs for this AD, if 
requested using the procedures found in 14 CFR 39.19. Send 
information to ATTN: Tom Rodriguez, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone 
(425) 227-1137; 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 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

    (j) Refer to MCAI EASA Airworthiness Directive 2009-0276R1, 
dated February 5, 2010; and L'Hotellier Service Bulletins 863521-26-
001, Revision 1, dated January 28, 2010, and Revision 2, dated 
February 4, 2010; for related information.

Material Incorporated by Reference

    (k) You must use L'Hotellier Service Bulletin 863521-26-001, 
Revision 1, dated January 28, 2010; or L'Hotellier Service Bulletin 
863521-26-001, Revision 2, dated February 4, 2010; to do the actions 
required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
L'Hotellier Repair Station, 4 rue Henri Poincar[eacute], 92167 
ANTONY Cedex, France, Attn: Product Support; telephone +33 (0)1 55 
59 09 65; fax +33 (0)1 46 66 66 71; e-mail <a href="/cdn-cgi/l/email-protection#63301a0f150a064d2f023116050502230b104d1617004d000c0e"><span class="__cf_email__" data-cfemail="c093b9acb6a9a5ee8ca192b5a6a6a180a8b3eeb5b4a3eea3afad">[email&#160;protected]</span></a> 
or <a href="/cdn-cgi/l/email-protection#2c6d404d45420268435e42494d596c445f0259584f024f4341"><span class="__cf_email__" data-cfemail="a7e6cbc6cec989e3c8d5c9c2c6d2e7cfd489d2d3c489c4c8ca">[email&#160;protected]</span></a>.
    (3) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington. For information on the availability of this material at 
the FAA, call 425-227-1221 or 425-227-1152.
    (4) You may also review copies of the service information that 
is incorporated by reference at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: <a href="http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html</a>.

    Issued in Renton, Washington, on February 11, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-3558 Filed 2-24-10; 8:45 am]
BILLING CODE 4910-13-P