AD 2020-21-02

[Federal Register Volume 85, Number 200 (Thursday, October 15, 2020)]
[Rules and Regulations]
[Pages 65193-65197]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2020-22725]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0209; Product Identifier 2020-NM-004-AD; Amendment 
39-21275; AD 2020-21-02]
RIN 2120-AA64


Airworthiness Directives; Kidde Aerospace & Defense

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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[[Page 65194]]

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
Kidde Aerospace & Defense cargo fire extinguisher halon bottles 
installed on various transport category airplanes. This AD was prompted 
by a report indicating that certain cargo fire extinguisher halon 
bottles installed in the cargo compartment had low charge pressure. 
This AD requires an inspection to determine the part number and serial 
number of the cargo fire extinguisher halon bottles and replacement of 
affected parts with serviceable parts. The FAA is issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective November 19, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of November 19, 
2020.

ADDRESSES: For Boeing service information identified in this final 
rule, contact Boeing Commercial Airplanes, Attention: Contractual & 
Data Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, 
CA 90740-5600; telephone 562-797-1717; internet <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>. For Kidde Aerospace & Defense service 
information identified in this final rule contact Kidde Aerospace & 
Defense, 4200 Airport Drive NW, Building B, Wilson, NC 27896-8630; 
telephone 319-295-5000; <a href="http://kiddetechnologies.com/aviation/">http://kiddetechnologies.com/aviation/</a>. You may 
view this service information at the FAA, Airworthiness Products 
Section, Operational Safety Branch, 2200 South 216th St., Des Moines, 
WA. For information on the availability of this material at the FAA, 
call 206-231-3195. It is also available on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-2020-
0209.

Examining the AD Docket

    You may examine the AD docket on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-2020-
0209; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this final rule, any comments received, and other information. The 
address for Docket Operations is U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Samuel Belete, Aerospace Engineer, 
Systems and Equipment Section, FAA, Atlanta ACO Branch, 1701 Columbia 
Avenue, College Park, GA 30337; phone: 404-474-5580; fax: 404-474-5606; 
email: <a href="/cdn-cgi/l/email-protection#346755594151581a765158514051745255551a535b42"><span class="__cf_email__" data-cfemail="84d7e5e9f1e1e8aac6e1e8e1f0e1c4e2e5e5aae3ebf2">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to Kidde Aerospace & 
Defense cargo fire extinguisher halon bottles installed on various 
transport category airplanes. The NPRM published in the Federal 
Register on March 30, 2020 (85 FR 17507). The NPRM was prompted by a 
report indicating that certain cargo fire extinguisher halon bottles 
installed in the cargo compartment had low charge pressure. The NPRM 
proposed to require an inspection to determine the part number and 
serial number of the cargo fire extinguisher halon bottles and 
replacement of affected parts with serviceable parts.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The following presents the comments 
received on the NPRM and the FAA's response to each comment.

Support for the NPRM

    Boeing concurred with the content of the NPRM. United Airlines 
agreed with the intent of the NPRM.

Request To Reduce the Compliance Time

    The Air Line Pilots Association, International (ALPA) requested 
that the compliance time specified in the proposed AD be reduced from 
24 months to 12 months. The commenter stated that a compliance time of 
12 months was specified in the Kidde Aerospace service information.
    The FAA disagrees with the commenter's request. The preamble of the 
NPRM included an explanation regarding the compliance time. As stated 
in the NPRM, the Kidde Aerospace & Defense service information 
specifies a compliance time of 12 months to do the inspection and 
accomplish the replacement, and the Boeing service information 
specifies a compliance time of 24 months to accomplish the replacement. 
In developing an appropriate compliance time for this action, the FAA 
considered the urgency associated with the subject unsafe condition, 
the availability of required parts, and the practical aspects of 
accomplishing the required replacement within a period of time that 
corresponds to the normal scheduled maintenance for most affected 
operators. In light of these items, the FAA determined that a 24-month 
compliance time is appropriate and adequate to address the unsafe 
condition. The FAA has not revised this AD in regard to this issue.

Request To Provide Detailed Information for Bottle Test and Refill

    Southwest Airlines requested that paragraphs (g), (h), and (i) of 
the proposed AD be revised to provide, or refer to, detailed 
instructions on how to test and refill cargo fire extinguisher halon 
bottles prior to marking them with a ``G'' stamp and returning them to 
service. The commenter stated that it understood the intent of the NPRM 
was to have the unsafe condition removed from operational airplanes by 
having affected cargo fire extinguisher halon bottles removed and not 
reinstalled until the halon bottles had been tested, refilled, and 
marked with a ``G'' stamp. The commenter suggested that these actions 
could be accomplished via standard airplane maintenance manual (AMM) 
processes instead of using the procedures in the Boeing service 
information that was specified in the proposed AD.
    The FAA does not agree with the commenter's request. The 
information provided in paragraphs (g), (h), and (i) of this AD is 
specific and complete enough to address the unsafe condition. The 
affected cargo fire extinguisher halon bottles are installed on various 
transport category airplanes, and as such, referring to specific AMMs 
is not practical. Furthermore, the FAA notes that only halon bottles 
having certain serial numbers are affected and need to be replaced. 
There are a significant number of cargo fire extinguisher halon bottles 
with serial numbers that are not affected by the requirements of this 
AD and that do not need to be removed and tested. Operators have the 
option of installing a halon bottle with a serial number that is not 
affected by the requirements of this AD, or installing a halon bottle 
that has been refurbished by an authorized party. If operators 
establish a different procedure to refurbish affected cargo fire 
extinguisher halon bottles, they can apply for an alternative method of 
compliance by using the procedures described in paragraph (l) of this 
AD. The FAA has not revised this AD in regard to this issue.

Explanation of Change to Manufacturer's Name Specified in This Final 
Rule

    The FAA has revised paragraph (c)(2)(iv) of this AD to identify the

[[Page 65195]]

manufacturer name as MHI RJ Aviation UL (instead of Bombardier, Inc.), 
as published in the most recent type certificate data sheet for the 
affected models.

Conclusion

    The FAA reviewed the relevant data, considered the comments 
received, and determined that air safety and the public interest 
require adopting this final rule with the change described previously 
and minor editorial changes. The FAA has determined that these minor 
changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Related IBR Material Under 1 CFR Part 51

    The FAA reviewed the following Boeing Alert Requirements Bulletins. 
This service information describes procedures for an inspection to 
determine the serial number of the cargo fire extinguisher halon bottle 
having a certain part number and replacing affected parts with 
serviceable parts. These documents are distinct since they apply to 
different airplane models.
    <bullet> Alert Requirements Bulletin 737-26A1150 RB, dated 
September 27, 2019.
    <bullet> Alert Requirements Bulletin 737-26A1151 RB, dated 
September 27, 2019.
    The FAA reviewed the following Kidde Aerospace & Defense service 
information. This service information describes, among other actions, 
procedures for replacing affected fire extinguishers (referred to as 
``cargo fire extinguisher halon bottles'' in this AD) with serviceable 
parts. These documents are distinct since they apply to different 
airplane models.
    <bullet> Service Bulletin 473919-26-521, Rev 02, dated November 7, 
2019.
    <bullet> Service Bulletin 473957-26-518, Rev 02, dated November 4, 
2019.
    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.

Costs of Compliance

    The FAA estimates that this AD affects 3,308 appliances installed 
on, but not limited to, the transport category airplanes identified in 
paragraphs (c)(2)(i) through (vii) of this AD. The FAA estimates the 
following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspection............................  2 work-hours x $85 per                $0            $170        $562,360
                                         hour = $170.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary 
replacements that would be required based on the results of the 
inspection. The FAA has no way of determining the number of aircraft 
that might need replacements:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replacement...................................  4 work-hours x $85 per hour =            $25,305         $25,645
                                                 $340.
----------------------------------------------------------------------------------------------------------------

    According to manufacturer for the cargo fire extinguisher halon 
bottles, some or all of the costs of this AD may be covered under 
warranty, thereby reducing the cost impact on affected individuals. The 
FAA does not control warranty coverage for affected individuals. As a 
result, the FAA has included all known costs in the cost estimate.

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.
    The FAA is 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

    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) Will not affect intrastate aviation in Alaska, 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.

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):


[[Page 65196]]


2020-21-02 Transport Category Airplanes: Amendment 39-21275; Docket 
No. FAA-2020-0209; Product Identifier 2020-NM-004-AD.

(a) Effective Date

    This AD is effective November 19, 2020.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to the Kidde Aerospace & Defense cargo fire 
extinguisher halon bottles having part numbers and serial numbers 
identified in Table 1 of the service information identified in 
paragraphs (c)(1)(i) and (ii) of this AD.
    (i) Kidde Aerospace & Defense Service Bulletin 473957-26-518, 
Rev 02, dated November 4, 2019.
    (ii) Kidde Aerospace & Defense Service Bulletin 473919-26-521, 
Rev 02, dated November 7, 2019.
    (2) These affected cargo fire extinguisher halon bottles are 
installed on various transport category airplanes including, but not 
limited to, the airplanes identified in paragraphs (c)(2)(i) through 
(vii) of this AD, certificated in any category.
    (i) Airbus Canada Limited Partnership (type certificate 
previously held by C Series Aircraft Limited Partnership (CSALP); 
Bombardier, Inc.) Model BD-500-1A10 and BD-500-1A11 airplanes.
    (ii) Airbus SAS Model A330-200 and A330-300 series airplanes.
    (iii) The Boeing Company Model DC-9-81 (MD-81) airplanes, and 
Model 737 series airplanes.
    (iv) MHI RJ Aviation ULC (type certificate previously held by 
Bombardier, Inc.) Model CL-600-2B19 (Regional Jet Series 100 & 440) 
airplanes, Model CL-600-2C10 (Regional Jet Series 700, 701 & 702) 
airplanes, and Model CL-600-2C11 (Regional Jet Series 550) 
airplanes.
    (v) De Havilland Aircraft of Canada Limited (type certificate 
previously held by Bombardier, Inc.) Model DHC-8-400 series 
airplanes.
    (vi) Embraer S.A. Model ERJ 170-100 STD airplanes, and Model ERJ 
190-100 STD, -300, and -400 airplanes.
    (vii) Saab AB, Saab Aeronautics (formerly known as Saab AB, Saab 
Aeronautics) Model SAAB 2000 airplanes.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a report indicating that certain cargo 
fire extinguisher halon bottles had low charge pressure. Low charge 
pressure of a cargo fire extinguisher halon bottle installed in the 
cargo compartment, if not addressed, could result in insufficient 
halon concentrations to extinguish a fire in the cargo compartment.

(f) Compliance

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

(g) Definitions

    For this AD, the definitions specified in paragraphs (g)(1) 
through (3) of this AD apply.
    (1) Group 1: Boeing Model 737-8 and 737-9 airplanes, and Model 
737-700, 737-800, and 737-900ER series airplanes.
    (2) Group 2: Transport category airplanes other than those 
identified as group 1. (3) Affected part: A cargo fire extinguisher 
halon bottle, manufactured by Kidde Aerospace & Defense, having a 
part number and serial number that is identified in the service 
information identified in paragraphs (c)(1)(i) and (ii) of this AD.

    Note 1 to paragraph (g)(3): The terms ``cargo fire extinguisher 
halon bottles'' and ``fire extinguishers'' are used interchangeably 
in this AD and the service information identified in paragraphs 
(c)(1)(i) and (ii) of this AD, and in paragraphs (i)(1)(i) and (ii) 
of this AD.

(h) Inspection

    Within 24 months after the effective date of this AD, do an 
inspection to determine the part number and serial number of the 
cargo fire extinguisher halon bottles installed in the cargo 
compartment. A review of maintenance records can be done in lieu of 
the inspection provided the part number and serial number of the 
cargo fire extinguisher halon bottles can be conclusively determined 
from that review.

(i) Replacement

    If, during the inspection or records review required by 
paragraph (h) of this AD, it is determined that an affected part, as 
identified in paragraph (g)(3) of this AD, is installed, before 
further flight, replace the part with a serviceable part in 
accordance with the applicable service information identified in 
paragraph (i)(1) and (2) of this AD.
    (1) For group 1 airplanes as identified in paragraph (g)(1) of 
this AD: The Accomplishment Instructions of the service information 
identified in paragraph (c)(1)(i) of this AD, or the service 
information identified in paragraph (i)(1)(i) or (ii) of this AD, as 
applicable.
    (i) Boeing Alert Requirements Bulletin 737-26A1150 RB, dated 
September 27, 2019.
    (ii) Boeing Alert Requirements Bulletin 737-26A1151 RB, dated 
September 27, 2019.
    (2) For group 2 airplanes as identified in paragraph (g)(2) of 
this AD: The Accomplishment Instructions of the service information 
identified in paragraph (c)(1)(i) or (ii) of this AD, as applicable.

(j) Parts Installation Limitation

    As of the effective date of this AD, no person may install on 
any airplane an affected part as identified in paragraph (g)(3) of 
this AD unless that part has a circled letter ``G'' stamped at a 
distance of approximately one inch from the left edge of the 
placard, indicating that the cargo fire extinguisher halon bottle 
has been tested and refilled.

(k) Special Flight Permit

    If low pressure is detected or a warning is displayed in the 
flight deck, special flight permits may be issued in accordance with 
14 CFR 21.197 and 21.199 to operate the airplane to a location where 
the cargo fire extinguisher halon bottles can be replaced or 
modified.

(l) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Atlanta ACO Branch, FAA, 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. If sending information directly to the 
manager of the certification office, send it to the attention of the 
person identified in paragraph (m) of this AD.
    (2) 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.
    (3) For service information that contains steps that are labeled 
as Required for Compliance (RC), the provisions of paragraphs 
(l)(3)(i) and (ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step 
and any figures identified in an RC step, must be done to comply 
with the AD. If a step or substep is labeled ``RC Exempt,'' then the 
RC requirement is removed from that step or substep. An AMOC is 
required for any deviations to RC steps, including substeps and 
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted 
methods in accordance with the operator's maintenance or inspection 
program without obtaining approval of an AMOC, provided the RC 
steps, including substeps and identified figures, can still be done 
as specified, and the airplane can be put back in an airworthy 
condition.

(m) Related Information

    For more information about this AD, contact Samuel Belete, 
Aerospace Engineer, Systems and Equipment Section, FAA, Atlanta ACO 
Branch, 1701 Columbia Avenue, College Park, GA 30337; phone: 404-
474-5580; fax: 404-474-5606; email: <a href="/cdn-cgi/l/email-protection#7f2c1e120a1a13513d1a131a0b1a3f191e1e51181009"><span class="__cf_email__" data-cfemail="6734060a12020b4925020b0213022701060649000811">[email&#160;protected]</span></a>.

(n) 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 the AD specifies otherwise.
    (i) Boeing Alert Requirements Bulletin 737-26A1150 RB, dated 
September 27, 2019.
    (ii) Boeing Alert Requirements Bulletin 737-26A1151 RB, dated 
September 27, 2019.
    (iii) Kidde Aerospace & Defense Service Bulletin 473919-26-521, 
Rev 02, dated November 7, 2019.
    (iv) Kidde Aerospace & Defense Service Bulletin 473957-26-518, 
Rev 02, dated November 4, 2019.
    (3) For Boeing service information identified in this AD, 
contact Boeing Commercial Airplanes, Attention: Contractual & Data 
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal

[[Page 65197]]

Beach, CA 90740-5600; telephone 562-797-1717; internet <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>.
    (4) For Kidde Aerospace & Defense service information identified 
in this AD, contact Kidde Aerospace & Defense, 4200 Airport Drive 
NW, Building B, Wilson, NC 27896-8630; telephone 319-295-5000; 
<a href="http://kiddetechnologies.com/aviation/">http://kiddetechnologies.com/aviation/</a>.
    (5) You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 2200 
South 216th St., Des Moines, WA. For information on the availability 
of this material at the FAA, call 206-231-3195.
    (6) 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, email <a href="/cdn-cgi/l/email-protection#c9afacadbbacaee7a5acaea8a589a7a8bba8e7aea6bf"><span class="__cf_email__" data-cfemail="1d7b78796f787a3371787a7c715d737c6f7c337a726b">[email&#160;protected]</span></a>, or go to: <a href="https://www.archives.gov/federal-register/cfr/ibr-locations.html">https://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued on October 1, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2020-22725 Filed 10-14-20; 8:45 am]
BILLING CODE 4910-13-P