[Federal Register Volume 63, Number 126 (Wednesday, July 1, 1998)]
[Proposed Rules]
[Pages 35884-35886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17416]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-ANE-29-AD]


Airworthiness Directives; First Technology Fire and Safety Ltd. 
Toilet Compartment Fire Extinguishers

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to First Technology Fire and Safety 
Ltd. toilet compartment fire extinguishers. This proposal would require 
inspection of suspect fire extinguishers for leakage, and removal from 
service and replacement with serviceable parts if found leaking. This 
proposal is prompted by reports of leakage at the fire extinguisher's 
eutectic tip due to a design change. The actions specified by the 
proposed AD are intended to prevent fire extinguisher failure due to 
leakage, which in the event of a toilet compartment fire could result 
in an uncontained fire and damage to the aircraft.

DATES: Comments must be received by August 31, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), New England Region, Office of the Regional 
Counsel, Attention: Rules Docket No. 98-ANE-29-AD, 12 New England 
Executive Park, Burlington, MA 01803-5299. Comments may also be 
submitted to the Rules Docket by using the following Internet address: 
``[email protected]''. Comments may be inspected at this 
location between 8:00 a.m. and 4:30 p.m., Monday through Friday, except 
Federal holidays.
    The service information referenced in the proposed rule may be 
obtained from Percival Aviation Ltd., The Sidings, Knowle, Fareham, 
Hampshire PO17 5LZ England; telephone 011 44 1329 833814, fax 011 44 
1329 834013. This information may be examined at the FAA, New England 
Region, Office of the Regional Counsel, 12 New England Executive Park, 
Burlington, MA.


[[Page 35885]]


FOR FURTHER INFORMATION CONTACT: Terry Fahr, Aerospace Engineer, Boston 
Aircraft Certification Office, FAA, Engine and Propeller Directorate, 
12 New England Executive Park, Burlington, MA 01803-5299; telephone 
(781) 238-7155, fax (781) 238-7199.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications should identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 98-ANE-29-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, New England Region, Office of the Regional Counsel, 
Attention: Rules Docket No. 98-ANE-29-AD, 12 New England Executive 
Park, Burlington, MA 01803-5299.

Discussion

    The Civil Aviation Authority (CAA), which is the airworthiness 
authority for the United Kingdom (UK), recently notified the Federal 
Aviation Administration (FAA) that an unsafe condition may exist on 
certain First Technology Fire and Safety Ltd. toilet compartment fire 
extinguishers. The CAA advises that they have received reports of 
leakage at the fire extinguisher's eutectic tip due to a design change. 
This condition, if not corrected, could result in fire extinguisher 
failure due to leakage, which in the event of a toilet compartment fire 
could result in an uncontained fire and damage to the aircraft.
    First Technology Fire and Safety Ltd. has issued Service Bulletin 
(SB) No. 26-110, dated January 1998, that specifies procedures for 
inspection of suspect fire extinguishers for leakage. The CAA 
classified this SB as mandatory and issued AD 007-11-97 in order to 
assure the safety of these fire extinguishers in the UK.
    These fire extinguishers are manufactured in the UK and are 
certificated for operation in the United States under the provisions of 
Section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, the CAA has kept the FAA informed of 
the situation described above. The FAA has examined the findings of the 
CAA, reviewed all available information, and determined that AD action 
is necessary for products of this type design that are certificated for 
operation in the United States.
    Since an unsafe condition has been identified that is likely to 
exist or develop on other fire extinguishers of the same type design 
registered in the United States, the proposed AD would require, within 
3 months after the effective date of this AD, inspection of suspect 
fire extinguishers for leakage, and removal from service and 
replacement with serviceable parts if found leaking. The UK CAA AD 
specified a second inspection after the initial inspection; however, 
the FAA has determined that a second inspection is unnecessary due to 
the time that has passed from the publication of the UK CAA AD to the 
publication of this FAA NPRM. The actions would be required to be 
accomplished in accordance with the SB described previously.
    There are approximately 1,500 fire extinguishers of the affected 
design installed on the worldwide fleet. There are an unknown number of 
fire extinguishers installed on aircraft of U.S. registry. The FAA 
estimates that it would take approximately 3 minutes per fire 
extinguisher to accomplish the proposed actions, and that the average 
labor rate is $60 per work hour. The manufacturer has advised the CAA 
that replacement parts would be provided at no charge to the operator. 
Based on these figures, the total cost impact of the proposed AD on 
worldwide operators is estimated to be $4,500.
    The regulations proposed herein would not have substantial direct 
effects 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. Therefore, in 
accordance with Executive Order 12612, it is determined that this 
proposal would not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this proposed 
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) if promulgated, 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. A copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
part 39 of the Federal Aviation Regulations (14 CFR part 39) as 
follows:

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

First Technology Fire and Safety Ltd.: Docket No. 98-ANE-29-AD.

    Applicability: First Technology Fire and Safety Ltd. toilet 
compartment fire extinguisher, identified by serial and model number 
in First Technology Fire and Safety Ltd. Service Bulletin (SB) No. 
26-110, dated January 1998. These fire extinguishers are installed 
on but not limited to Airbus A320, A330, A340; British Aerospace Bae 
146, Bombardier CL-600-2B19 (CRJ), Dornier 328 Embraer EMB 145, and 
all Fokker Series aircraft.

    Note 1: This airworthiness directive (AD) applies to each fire 
extinguisher identified in the preceding applicability provision,

[[Page 35886]]

regardless of whether it has been modified, altered, or repaired in 
the area subject to the requirements of this AD. For fire 
extinguishers that have been modified, altered, or repaired so that 
the performance of the requirements of this AD is affected, the 
owner/operator must request approval for an alternative method of 
compliance in accordance with paragraph (b) of this AD. The request 
should include an assessment of the effect of the modification, 
alteration, or repair on the unsafe condition addressed by this AD; 
and, if the unsafe condition has not been eliminated, the request 
should include specific proposed actions to address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent fire extinguisher failure due to leakage, which could 
result in an uncontained fire and damage to the aircraft, accomplish 
the following:
    (a) Within 3 months after the effective date of this AD, perform 
a one time inspection of fire extinguishers for leakage, and replace 
leaking fire extinguishers with serviceable parts, in accordance 
with First Technology Fire and Safety Ltd. SB No. 26-110, dated 
January 1998.
    (b) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Boston Aircraft Certification 
Office. Operators shall submit their request through an appropriate 
FAA Principal Maintenance Inspector, who may add comments and then 
send it to the Manager, Boston Aircraft Certification Office.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Boston Aircraft Certification Office.

    (c) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the aircraft to a location where 
the requirements of this AD can be accomplished.

    Issued in Burlington, Massachusetts, on June 23, 1998.

    Dated: June 23, 1998.
Jay J. Pardee,
Manager, Engine and Propeller Directorate, Aircraft Certification 
Service
[FR Doc. 98-17416 Filed 6-30-98; 8:45 am]
BILLING CODE 4910-13-P