AD 2011-11-04

[Federal Register Volume 76, Number 106 (Thursday, June 2, 2011)]
[Rules and Regulations]
[Pages 31798-31800]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2011-13635]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0506; Directorate Identifier 2010-SW-020-AD; 
Amendment 39-16703; AD 2011-11-04]
RIN 2120-AA64


Airworthiness Directives; L'Hotellier Portable Halon 1211 Fire 
Extinguishers

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: This amendment adopts a new airworthiness directive (AD) for 
the specified fire extinguishers. This action requires replacing each 
unairworthy portable fire extinguisher with an airworthy portable fire 
extinguisher. This amendment is prompted by an ongoing investigation 
that has established that unapproved Halon 1211 has been used to fill 
L'Hotellier portable fire extinguishers that are likely to be onboard 
various model helicopters. The actions specified in this AD are 
intended to prevent using contaminated gas that may reduce fire 
suppression and release toxic fumes that would endanger the safety of 
the helicopter and its occupants.

DATES: Effective June 17, 2011.
    Comments for inclusion in the Rules Docket must be received on or 
before August 1, 2011.

ADDRESSES: Use one of the following addresses to submit comments on 
this AD:
    <bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the instructions for submitting comments.

[[Page 31799]]

    <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 W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    You may get the service information identified in this AD from 
L'HOTELLIER, 4 rue Henri Poincare, 92167 ANTONY Cedex, France, 
telephone +33(0)1 55 59 09 65, fax +33(0)1 46 66 71, E-mail 
<a href="/cdn-cgi/l/email-protection#b6f7dad7dfd898f2d9c4d8d3d7c3f6dec598c3c2d598d5d9db"><span class="__cf_email__" data-cfemail="296845484047076d465b474c485c69415a075c5d4a074a4644">[email&#160;protected]</span></a>.
    Examining the Docket: You may examine the docket that contains the 
AD, any comments, and other information 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 Docket Operations office (telephone (800) 647-5527) is 
located in Room W12-140 on the ground floor of the West Building at the 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: DOT/FAA Southwest Region, J. R. 
Holton, Jr., ASW-112, Aviation Safety Engineer, Rotorcraft Directorate, 
Safety Management Group, 2601 Meacham Blvd., Fort Worth, Texas 76137, 
telephone (817) 222-4964, fax (817) 222-5961.

SUPPLEMENTARY INFORMATION: 

Discussion

    This amendment adopts a new AD for the specified fire extinguisher. 
This action requires replacing each portable fire extinguisher 
containing unapproved, contaminated Halon 1211 with a portable fire 
extinguisher containing approved Halon 1211. This amendment is prompted 
by an ongoing investigation that has established that unapproved Halon 
1211 has been used to fill L'Hotellier portable fire extinguishers that 
are likely to be onboard various model helicopters. This condition, if 
not corrected, may reduce fire suppression and release toxic fumes that 
would endanger the safety of the helicopter and its occupants.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
AD No. 2009-0277R1, dated February 5, 2010, to correct an unsafe 
condition for L'Hotellier portable fire extinguishers, part number (P/
N) 863520-00. EASA reports that the Civil Aviation Authority of the 
United Kingdom (UK) has informed them 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 
extinguishers. Halon 1211 is used in portable fire extinguishers, 
usually fitted or stowed in aircraft passenger cabins and flight decks. 
An ongoing investigation has established that LyonTech Engineering Ltd, 
a UK-based company, has supplied unapproved Halon 1211 to L'Hotellier. 
This Halon 1211 has subsequently been used to fill certain portable 
fire extinguishers that are likely to be installed in or carried on 
various model helicopters including Eurocopter France Model EC120B; 
AS350B, BA, B1, B2, B3, and D; AS355E, F, F1, N, and NP; and SA341G and 
342J helicopters, with a portable fire extinguisher, P/N 863520-00, 
with a serial-number listed in the L'Hotellier service information.

Related Service Information

    L'Hotellier has issued Service Bulletin 863520-26-001, dated 
December 21, 2009 (SB). The SB specifies returning each affected 
serial-numbered fire extinguisher to L'Hotellier. The SB also specifies 
that if a label containing, among other information, ``Application of 
SBA 863520-26-001'' is installed on a fire extinguisher, indicating 
that it has been reconditioned with pure Halon 1211 according to 
L'Hotellier internal procedure ITR70030-00, that reconditioned or new 
fire extinguisher can be placed in the helicopter. EASA classified this 
SB as mandatory and issued EASA AD No. 2009-0277R1, dated February 5, 
2010, to ensure the continued airworthiness of these helicopters.

FAA's Evaluation and Unsafe Condition Determination

    These products have been approved by the aviation authority of 
France and are approved for operation in the United States. Pursuant to 
our bilateral agreement with France, EASA, their technical 
representative, has notified us of the unsafe condition described in 
the MCAI AD. We are issuing this AD because we evaluated all 
information provided by EASA and determined the unsafe condition exists 
and is likely to exist or develop on other products of these same type 
designs.

Differences Between This AD and the EASA AD

    We require a 60-day compliance time because we have determined that 
60 days will ensure an acceptable level of safety versus allowing a 6-
month compliance time. We have included the affected serial numbers of 
the fire extinguishers in the AD rather than referring to the SB for 
the serial numbers.

FAA's Determination and Requirements of This AD

    This unsafe condition is likely to exist or develop on other 
helicopters of these same type designs. Therefore, this AD is being 
issued to replace unairworthy fire extinguishers with airworthy fire 
extinguishers to prevent using contaminated gas that may reduce fire 
suppression and release toxic fumes that would endanger the safety of 
the helicopter and its occupants.
    The short compliance time involved is required because the 
previously described critical unsafe condition can adversely affect the 
controllability and structural integrity of the helicopter in the event 
of a fire. Therefore, replacing each unairworthy fire extinguisher with 
an airworthy fire extinguisher is required within 60 days, and this AD 
must be issued immediately.
    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.

Costs of Compliance

    We estimate that this AD will affect about 1,000 helicopters. We 
also estimate that it will take about 1work-hour per helicopter to 
inspect and replace the fire extinguisher. The average labor rate is 
$85 per work-hour. Required parts will cost about $212 to replace each 
fire extinguisher. Based on these figures, we estimate the cost of this 
AD on U.S. operators is $297,000, assuming the fire extinguishers are 
replaced on the estimated fleet.

Comments Invited

    This AD is a final rule that involves requirements that affect 
flight safety and was not preceded by notice and an opportunity for 
public comment; however, we invite you to submit any written data, 
views, or arguments regarding this AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2011-0506; Directorate 
Identifier 2010-SW-020-AD'' at the beginning of your comments. We 
specifically invite comments on the

[[Page 31800]]

overall regulatory, economic, environmental, and energy aspects of the 
AD. We will consider all comments received by the closing date and may 
amend the AD in light 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 
with FAA personnel concerning this AD. Using the search function of the 
docket Web site, you can find and read the comments to any of our 
dockets, including the name of the individual who sent the comment. You 
may review the DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19477-78).

Regulatory Findings

    We have 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 that the 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. 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 an economic evaluation of the estimated costs to comply 
with this AD. See the AD docket to examine the economic evaluation.

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.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (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. Section 39.13 is amended by adding a new airworthiness directive to 
read as follows:

2011-11-04 L'Hotellier: Amendment 39-16703. Docket No. FAA-2011-
0506; Directorate Identifier 2010-SW-020-AD.

    Applicability: Portable Halon 1211 fire extinguisher, part 
number 863520-00, with a serial number listed in Table 1 of this AD, 
installed on various model helicopters including Eurocopter France 
Model EC120B; AS350B, BA, B1, B2, B3, and D; AS355E, F, F1, N, and 
NP; and SA341G or 342J helicopters, certificated in any category, 
except for a fire extinguisher that has a label containing a 
reference to ``SBA 863520-26-001'' indicating that it has been 
reconditioned with pure Halon 1211 according to L'Hotellier internal 
procedure ITR70030-00.

                                 Table 1
------------------------------------------------------------------------
                                       Through S/N with  a
 From S/N with  a prefix of ``RM''      prefix of ``RM''       Quantity
------------------------------------------------------------------------
69308..............................  69355.................           48
69540..............................  69599.................           60
69601..............................  69674.................           74
69812..............................  69867.................           56
69888..............................  69952.................           65
70177..............................  70271.................           95
70273..............................  70302.................           30
70457..............................  70555.................           99
70734..............................  70752.................           19
70860..............................  70883.................           24
70959..............................  71034.................           76
71034..............................  71185.................          152
71355..............................  71385.................           31
71581..............................  71619.................           39
71652..............................  71690.................           39
------------------------------------------------------------------------

    Compliance: Required as indicated, unless accomplished 
previously.
    The actions specified in this AD are intended to prevent using 
contaminated gas that may reduce fire suppression and release toxic 
fumes that would endanger the safety of the helicopter and its 
occupants.
    (a) Within 60 days, replace each unairworthy fire extinguisher 
with an airworthy fire extinguisher.

    Note 1:  L'Hotellier Service Bulletin 863520-26-001, dated 
December 21, 2009, contains information that relates to the subject 
of this AD.

    (b) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Contact the Manager, Safety Management Group, ATTN: DOT/FAA 
Southwest Region, J.R. Holton, Jr., ASW-112, Aviation Safety 
Engineer, Rotorcraft Directorate, Safety Management Group, 2601 
Meacham Blvd., Fort Worth, Texas 76137, telephone (817) 222-4964, 
fax (817) 222-5961, for information about previously approved 
alternative methods of compliance. deactivated.
    (c) The Joint Aircraft System/Component (JASC) Code is 2622: 
Fire Bottle, Portable.
    (d) This amendment becomes effective on June 17, 2011.

    Note 2:  The subject of this AD is addressed in European 
Aviation Safety Agency AD No. 2009-0277R1, dated February 5, 2010.


    Issued in Fort Worth, Texas, on May 11, 2011.
Kim Smith,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2011-13635 Filed 6-1-11; 8:45 am]
BILLING CODE 4910-13-P