[Federal Register Volume 63, Number 229 (Monday, November 30, 1998)]
[Rules and Regulations]
[Pages 65701-65702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31607]



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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-ANE-29-AD; Amendment 39-10914; AD 98-24-27]


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
is applicable to First Technology Fire and Safety Ltd. toilet 
compartment fire extinguishers. This amendment requires inspection of 
suspect fire extinguishers for leakage, and removal from service and 
replacement with serviceable parts if the extinguisher is found to be 
leaking. This amendment is prompted by reports of leakage at the fire 
extinguisher's eutectic tip. The leakage is the result of a design 
change. The actions specified by this 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: Effective January 29, 1999.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of January 29, 1999.

ADDRESSES: The service information referenced in this AD 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; or at the Federal Register, 800 North Capitol Street, 
NW., suite 700, Washington, DC.

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: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain First Technology Fire and 
Safety Ltd. toilet compartment fire extinguishers, approved for 
installation on Airbus A320, A330, A340; British Aerospace Bae 146, 
Bombardier CL-600-2B19 (CRJ), Dornier 328, Embraer EMB 145, and all 
Fokker series airplanes, was published in the Federal Register on July 
1, 1998 (63 FR 35884). That action proposed to require, within three 
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.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.
    Two commenters indicate that they do not operate any of the 
affected airplanes.
    One commenter does not concur with the 3 month compliance time. The 
initial compliance deadline, for the First Technology fire and Safety 
Service Bulletin (SB) No. 26-110, Revision 1, dated January 1998, was 
April 1998. This allowed a sufficient amount of time since issuance of 
the UK CAA AD to comply with the FAA AD. The commenter has since 
withdrawn the request for an extended compliance period. The commenter 
also requests that reference to Revision 1 of SB 26-110, dated January 
1998, be made in the final rule since the SB dated January 1998, 
referenced in the Notice for Proposed Rulemaking (NPRM) is Revision 1. 
The FAA concurs. SB No. 26-110, Revision 1, dated January 1998 has been 
listed in the Applicability section.
    One commenter disagrees with the 3 minute inspection compliance 
time. The 3 minute reference was for weighing the extinguisher. A 
reasonable time period for inspection, weighing, and replacement of the 
extinguisher is 20 minutes. The FAA concurs. The economic impact 
statement has been revised.
    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the changes described 
previously. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.
    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 20 minutes per fire 
extinguisher to accomplish the 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 AD on worldwide 
operators is estimated to be $30,000.
    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, Incorporation by 
reference, 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 the following new airworthiness 
directive:

98-24-27 First Technology Fire and Safety Ltd.: Amendment 39-10914. 
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, Revision 1, dated January 1998. These fire

[[Page 65702]]

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, 
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, Revision 
1, 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.
    (d) The actions required by this AD shall be done in accordance 
with First Technology Fire and Safety Ltd. SB:

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                 Document No.                      Pages       Revision                    Date
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 26-110.......................................          1-4            1  January, 1998.
    Total pages: 4
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    This incorporation by reference was approved by the director of 
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR 
part 51. Copies 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. Copies may be examined at 
the FAA, New England Region, Office of the Regional Counsel, 12 New 
England Executive Park, Burlington, MA; or at the Federal Register, 
800 North Capitol Street, NW., suite 700, Washington, DC.
    (e) This amendment becomes effective on January 29, 1999.

    Issued in Burlington, Massachusetts, on November 18, 1998.
Jay J. Pardee,
Manager, Engine and Propeller Directorate, Aircraft Certification 
Service
[FR Doc. 98-31607 Filed 11-27-98; 8:45 am]
BILLING CODE 4910-13-U