AD 2015-16-04

[Federal Register Volume 80, Number 154 (Tuesday, August 11, 2015)]
[Rules and Regulations]
[Pages 48022-48024]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2015-19474]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0751; Directorate Identifier 2013-NM-188-AD; 
Amendment 39-18229; AD 2015-16-04]
RIN 2120-AA64


Airworthiness Directives; Kidde Graviner

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Kidde Graviner hand-operated fire extinguishers. This AD was prompted 
by a report that a fire extinguisher failed to operate when the 
activation lever was pressed. This AD requires modifying the affected 
fire extinguishers. We are issuing this AD to prevent fire 
extinguishers from failing to operate in the event of a fire, which 
could jeopardize occupants' safety and continuation of safe flight and 
landing.

DATES: This AD becomes effective September 15, 2015.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 
15, 2015.

ADDRESSES: You may examine the AD docket on the Internet at <a href="http://www.regulations.gov/#!docketDetail">http://www.regulations.gov/#!docketDetail</a>;D=FAA-2014-0751 or in person at the 
Docket Management Facility, U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC.
    For service information identified in this AD, contact Kidde 
Graviner Limited, Mathisen Way, Colnbrook, Slough, Berkshire, SL3 0HB, 
United Kingdom; telephone +44 (0) 1753 583245; fax +44 (0) 1753 685040. 
You may view this referenced service information at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information 
on the availability of this material at the FAA, call 425-227-1221. It 
is also available on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by 
searching for and locating Docket No. FAA-2014-0751.

FOR FURTHER INFORMATION CONTACT: Ian Lucas, Aerospace Engineer, Boston 
Aircraft Certification Office (ACO), ANE-150, FAA, Engine and Propeller 
Directorate, 12 New England Executive

[[Page 48023]]

Park, Burlington, MA 01803; phone: 781-238-7757; fax: 781-238-7170; 
email: <a href="/cdn-cgi/l/email-protection#6c050d024200190f0d1f2c0a0d0d420b031a"><span class="__cf_email__" data-cfemail="264f4748084a534547556640474708414950">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to certain Kidde Graviner 
hand-operated fire extinguishers. The NPRM published in the Federal 
Register on October 16, 2014 (79 FR 62070).
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA 
Airworthiness Directive 2012-0037, dated March 9, 2012 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for certain Kidde 
Graviner hand-operated fire extinguishers. The MCAI states:

    An instance occurred where an operator tried to use the fire 
extinguisher, but the extinguisher failed to operate when the 
activation lever was pressed.
    This condition, if not detected and corrected, could lead, in 
case of need to use the device to extinguish a fire on an aircraft, 
to jeopardize the occupants' safety as well as the flight 
continuation and safe landing.
    The part manufacturer Kidde Graviner has introduced a design 
change to remove the root cause of the possible failure.
    This [EASA] AD requires to modify all potentially defective fire 
extinguishers [including applying adhesive to the gland nut].

You may examine the MCAI in the AD docket on the Internet at <a href="http://www.regulations.gov/#!documentDetail">http://www.regulations.gov/#!documentDetail</a>;D=FAA-2014-0751-0004.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the NPRM (79 
FR 62070, October 16, 2014) and the FAA's response to each comment. One 
anonymous commenter supported the NPRM.

Request To Refer to ``Aircraft'' Instead of ``Various Transport and 
Small Airplanes''

    One anonymous commenter requested that we revise paragraph (c) of 
the proposed AD (79 FR 62070, October 16, 2014) to refer to 
``aircraft'' instead of ``various transport and small airplanes.'' The 
commenter stated that the change is in the interest of improving 
accuracy and for clarification. The commenter added the request is 
based on the fact that the key to addressing the unsafe condition is 
finding suspected products, defined by the manufacturer's part numbers, 
and the category under which the aircraft operates is not material.
    We agree with the request to refer to ``aircraft'' instead of 
``various transport and small airplanes'' for the reasons stated by the 
commenter. We have replaced the text ``various transport and small 
airplanes'' with the word ``aircraft'' in paragraph (c) of this AD.

Change to Manufacturer's Name

    We have revised paragraph (c)(3) of this AD to identify the 
manufacturer name for the Model C-212-CB, C-212-CC, C-212-CD, C-212-CE, 
C-212-CF, C-212-DE, and C-212-DF airplanes as Airbus Defense and Space 
S.A. (Type Certificate previously held by EADS CASA; Construcciones 
Aeronauticas, S.A.). Airbus Defense and Space S.A. (Type Certificate 
previously held by EADS CASA; Construcciones Aeronauticas, S.A.) is the 
manufacturer name published in the most recent type certificate data 
sheet for those models.

Clarification of Parts Installation Prohibition

    We have added a reference to ``paragraph (h) of this AD'' within 
paragraph (i) of this AD to clarify which modified parts may be 
installed.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this AD with the changes described previously and minor editorial 
changes. We have determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM (79 FR 62070, October 16, 2014) for correcting the unsafe 
condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM (79 FR 62070, October 16, 2014).
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    Kidde Graviner has issued Alert Service Bulletin A26-081, Revision 
1, dated January 31, 2012. The service information describes procedures 
for modifying fire extinguishers. This service information is 
reasonably available because the interested parties have access to it 
through their normal course of business or by the means identified in 
the ADDRESSES section of this AD.

Costs of Compliance

    We estimate that this AD affects 400 appliances installed on, but 
not limited to, various aircraft of U.S. registry.
    We also estimate that it will take about 25 work-hours per product 
to comply with the basic requirements of this AD. The average labor 
rate is $85 per work-hour. Based on these figures, we estimate the cost 
of this AD on U.S. operators to be $850,000, or $2,125 per product.

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 that 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);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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.

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://www.regulations.gov/#!docketDetail">http://www.regulations.gov/#!docketDetail</a>;D=FAA-2014-0751; or in person at the 
Docket Management

[[Page 48024]]

Facility 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.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    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 airworthiness 
directive (AD):

2015-16-04 Kidde Graviner: Amendment 39-18229. Docket No. FAA-2014-
0751; Directorate Identifier 2013-NM-188-AD.

(a) Effective Date

    This AD becomes effective September 15, 2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Kidde Graviner hand-operated fire 
extinguishers having part numbers 56412-001 (34H), 56411-001 (35H), 
and 56412-002 (38H). These fire extinguishers may be installed on, 
but not limited to, aircraft, certificated in any category, 
specified in paragraphs (c)(1), (c)(2), (c)(3), (c)(4), (c)(5), and 
(c)(6) of this AD.
    (1) BAE Systems (Operations) Limited Model ATP airplanes.
    (2) BAE Systems (Operations) Limited Model 4101 airplanes.
    (3) Airbus Defense and Space S.A. (Type Certificate previously 
held by EADS CASA; Construcciones Aeronauticas, S.A.) Model C-212-
CB, C-212-CC, C-212-CD, C-212-CE, C-212-CF, C-212-DE, and C-212-DF 
airplanes.
    (4) Fokker Services B.V. Model F.27 Mark 050, 100, 200, 300, 
400, 500, 600, and 700 airplanes.
    (5) Short Brothers PLC Model SD3-60 SHERPA, SD3-SHERPA, SD3-30, 
and SD3-60 airplanes.
    (6) SHORT BROTHERS & HARLAND LTD SC-7 Series 2 and SC-7 Series 3 
airplanes.

(d) Subject

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

(e) Reason

    This AD was prompted by a report that a fire extinguisher failed 
to operate when the activation lever was pressed. We are issuing 
this AD to prevent fire extinguishers from failing to operate in the 
event of a fire, which could jeopardize occupants' safety and 
continuation of safe flight and landing.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Modification

    Within 6 months after the effective date of this AD, modify all 
Kidde Graviner hand-operated fire extinguishers having part numbers 
56412-001 (34H), 56411-001 (35H), and 56412-002 (38H), in accordance 
with the Accomplishment Instructions of Kidde Graviner Alert Service 
Bulletin A26-081, Revision 1, dated January 31, 2012.

(h) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph 
(g) of this AD, if those actions were performed before the effective 
date of this AD using Kidde Graviner Alert Service Bulletin A26-081, 
dated August 23, 2011, which is not incorporated by reference in 
this AD.

(i) Parts Installation Prohibition

    As of the effective date of this AD, no person may install any 
Kidde Graviner hand-operated fire extinguisher having part number 
56412-001 (34H), 56411-001 (35H), or 56412-002 (38H) on any airplane 
unless the fire extinguisher has been modified as specified in 
paragraph (g) or (h) of this AD.

(j) Other FAA AD Provision

    The following provision for Alternative Methods of Compliances 
(AMOCs) also applies to this AD: 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. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. The Manager, Boston 
Aircraft Certification Office (ACO), FAA, will coordinate requests 
for approval of AMOCs with the manager of the appropriate office for 
the affected product. Send information to ATTN: Ian Lucas, Aerospace 
Engineer, Boston ACO, ANE-150, FAA, Engine and Propeller 
Directorate, 12 New England Executive Park, Burlington, MA 01803; 
phone: 781-238-7757; fax: 781-238-7170; email: <a href="/cdn-cgi/l/email-protection#e188808fcf8d94828092a1878080cf868e97"><span class="__cf_email__" data-cfemail="3158505f1f5d44525042715750501f565e47">[email&#160;protected]</span></a>. 
Before using any approved AMOC, notify your appropriate principal 
inspector, or lacking a principal inspector, the manager of the 
local flight standards district office/certificate holding district 
office. The AMOC approval letter must specifically reference this 
AD.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) European Aviation Safety Agency (EASA) Airworthiness 
Directive 2012-0037, dated March 9, 2012, for related information. 
This MCAI may be found in the AD docket on the Internet at <a href="http://www.regulations.gov/#!documentDetail">http://www.regulations.gov/#!documentDetail</a>;D=FAA-2014-0751-0004.
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (l)(3) and (l)(4) of this AD.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) Kidde Graviner Alert Service Bulletin A26-081, Revision 1, 
dated January 31, 2012. Page 2 of this document is dated August 23, 
2011.
    (ii) Reserved.
    (3) For service information identified in this AD, contact Kidde 
Graviner Limited, Mathisen Way, Colnbrook, Slough, Berkshire, SL3 
0HB, United Kingdom; telephone +44 (0) 1753 583245; fax +44 (0) 1753 
685040.
    (4) You may view this service information at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For 
information on the availability of this material at the FAA, call 
425-227-1221.
    (5) You may view this 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/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.


    Issued in Renton, Washington, on July 29, 2015.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2015-19474 Filed 8-10-15; 8:45 am]
 BILLING CODE 4910-13-P