[Federal Register Volume 66, Number 213 (Friday, November 2, 2001)]
[Rules and Regulations]
[Pages 55559-55563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27412]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-CE-113-AD; Amendment 39-12493; AD 2001-22-14]
RIN 2120-AA64


Airworthiness Directives; Overland Aviation Services Fire 
Extinguishing System Bottle Cartridges

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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

SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies to certain Overland Aviation Services (OAS) fire extinguishing 
system bottle cartridges that were distributed during a certain time 
period and are installed on aircraft. This AD requires you to remove 
from service any of these fire extinguishing system bottle cartridges. 
This AD is the result of several incidents where the fire extinguishing 
system bottle cartridges activated with excessive energetic force. In 
one instance, the discharge valve outlet screen fractured and the 
screen material went through the distribution manifold. The actions 
specified by this AD are intended to prevent damage to fire 
extinguishing system components caused by a fire extinguishing system 
bottle cartridge activating with excessive energetic force, which could 
result in the fire extinguishing system operating improperly.

EFFECTIVE DATE: This AD becomes effective on December 10, 2001.

[[Page 55560]]


ADDRESSES: You may obtain copies of the document referenced in this AD 
from Overland Aviation Services, 10271 Bach Boulevard, St. Louis, 
Missouri 63132. You may view this document at the Federal Aviation 
Administration (FAA), Central Region, Office of the Regional Counsel, 
Attention: Rules Docket No. 98-CE-113-AD, 901 Locust, Room 506, Kansas 
City, Missouri 64106.

FOR FURTHER INFORMATION CONTACT: Jeffrey D. Janusz, Aerospace Engineer, 
FAA, Wichita Aircraft Certification Office, 1801 Airport Road, Mid-
Continent Airport, Wichita, Kansas 67209; telephone: (316) 946-4148; 
facsimile: (316) 946-4407.

SUPPLEMENTARY INFORMATION:

Discussion

    What events have caused this AD? The FAA has received reports of 
several incidents where fire extinguishing system bottle cartridges 
that were manufactured by Overland Aviation Services (OAS) activated 
with excessive energetic force. In one instance, the discharge valve 
outlet screen fractured and the screen material went through the 
distribution manifold.
    The fire extinguishing system bottle cartridges are considered 
critical parts. The fire extinguishing system is only required to 
function after a failure or series of failures have occurred and 
developed into the potential for a fire. In the above-referenced 
incidents, the fire extinguishing system could not be relied on because 
of the potential for damage to the fire extinguishing system components 
that could result from a cartridge activating with excessive energetic 
force. OAS distributed fire extinguishing system bottle cartridges that 
could incorporate this problem from April 1, 1996, through September 
15, 1997.
    What is the potential impact if FAA took no action? A fire 
extinguishing system bottle cartridge activating with excessive 
energetic force could result in damage to fire extinguishing system 
components and cause the system to operate improperly. This could lead 
to passenger injury in the event of an airplane fire.
    Has FAA taken any action to this point? We issued a proposal to 
amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to 
include an AD that would apply to OAS fire extinguishing system bottle 
cartridges that were distributed from April 1, 1996, through September 
15, 1997, and were installed on aircraft. This proposal was published 
in the Federal Register as a notice of proposed rulemaking (NPRM) on 
July 12, 1999 (64 FR 37471). The NPRM proposed to require you to remove 
from service any of these fire extinguishing system bottle cartridges.
    Was the public invited to comment? The FAA encouraged interested 
persons to participate in the making of this amendment. The following 
presents the comments received on the proposal and FAA's response to 
each comment:

Comment Issue No. 1: Change the Compliance Time to ``the Next 
Scheduled Inspection/Maintenance Interval''

    What is the commenter's concern? One commenter recommends that FAA 
change the compliance time to the next scheduled inspection/maintenance 
interval. This would coincide with OAS Service Bulletin 22-09-97.
    What is FAA's response to the concern? We do not concur with 
changing the compliance to the next scheduled inspection/maintenance 
interval. Operators of airplanes with the affected equipment use their 
airplanes in different operations, e.g., parts 121 and 135 of the 
Federal Aviation Regulations (14 CFR parts 121 and 135). These 
operations allow different inspection/maintenance intervals. The next 
inspection/maintenance interval for some airplanes may occur within a 
week after this AD becomes effective where the interval for other 
airplanes may occur a year after the AD becomes effective.
    We have determined that the compliance time of ``180 days after the 
effective date of the AD'' will neither inadvertently ground any 
airplanes nor allow airplanes to operate with potentially defective 
equipment for an extended period of time.
    We will consider individual extensions to the compliance times as 
alternative methods of compliance provided they:

--Provide a level of safety that is acceptable to FAA; and
--Are submitted using the procedures in the AD.

    We are not making any changes to the final rule as a result of 
these comments.

Comment Issue No. 2: Re-estimate the Cost Impact

    What is the commenter's concern? A commenter states that FAA's cost 
analysis does not account for the potential unnecessary inspection and 
removal of parts when you cannot identify whether one of the affected 
cartridges is installed. The commenter estimates this cost impact at 
three times more than FAA's estimate.
    What is FAA's response to the concern? We based our cost analysis 
on operator input of the efforts to accomplish the inspection and 
replacement of the suspect part. Any unnecessary removal would be the 
result of improper identification or a lack of proper maintenance 
records. We have determined that, if proper maintenance was followed, 
the owner/operator of an airplane will maintain a direct correlation 
between the identity of parts on a particular airplane and that 
airplane's maintenance records and logbooks.
    We are not making any changes to the final rule as a result of 
these comments.

Comment Issue No. 3: Clarify the Approved Replacement Parts

    What is the commenter's concern? One commenter asks for 
clarification regarding whether you can use a replacement part with the 
same part number as those affected by this action. The commenter 
believes you can if the part is not of the suspect distribution date or 
lot number. However, the commenter feels that the current wording in 
the NPRM on this issue is unclear.
    What is FAA's response to the concern? After re-evaluating the 
wording in the NPRM, we concur that the language could be more clear. 
To address this, we are also specifying the lot number and the 
distribution date in all references to part number in the AD.

Comment Issue No. 4: Explain Why FAA Uses the Distribution Date of 
the Cartridge Instead of the Manufacturing Date

    What is the commenter's concern? One commenter asks for information 
regarding the requirement to use the distribution date of suspect parts 
instead of the manufacturing date. In particular, the commenter wants 
to be able to substitute the manufacturing date for the distribution 
date and wants information about the relationship between the two.
    What is FAA's response to the concern? The manufacturer of the 
suspect part does not tie a single manufacturing date to a specific lot 
number. The lot number more directly identifies suspect components. For 
example, the manufacturer has produced parts with the same lot number 
on five different manufacturing dates.
    Distribution dates are also as important as the lot numbers. Parts 
may have been manufactured earlier than the distribution date or the 
date when sent to the field or distributor.
    Because of these discrepancies between the manufacturing date and 
the lot number and distribution dates, we

[[Page 55561]]

are using the part number, lot number, and distribution date as the 
identifying criteria for this AD action.
    We are not making any changes to the final rule as a result of 
these comments.

Comment Issue No. 5: Extend the Compliance Time To Ensure Parts 
Availability

    What is the commenter's concern? OAS requests FAA extend the 
comment period so the company can ensure that parts are available to 
all affected owners/operators of the aircraft with the affected 
cartridges installed. OAS estimates it would need approximately 210 
days as of August 10, 2001.
    What is FAA's response to the concern? We will increase the 
compliance time from 120 days to 180 days. The AD becomes effective on 
December 10, 2001 (122 days past August 10, 2001). This would give OAS 
approximately 300 days to ensure that parts are available to all 
affected owners/operators of the aircraft with the affected cartridges 
installed.
    We are changing the final rule to reflect this change.
    What is FAA's final determination on this issue? We carefully 
reviewed all available information related to the subject presented 
above and determined that air safety and the public interest require 
the adoption of the rule as proposed except for the changes discussed 
above and minor editorial questions. We have determined that these 
changes and minor corrections:

--Provide the intent that was proposed in the NPRM for correcting the 
unsafe condition; and
--Do not add any additional burden upon the public than was already 
proposed in the NPRM.

Compliance Time of This AD

    Why is the compliance of this AD presented in calendar time instead 
of hours time-in-service (TIS)? The unsafe condition described in this 
AD is not a direct result of aircraft operation. The fire extinguishing 
system bottle cartridges could activate with excessive energetic force 
the first time they are used during flight. This could occur on an 
aircraft with 50 hours TIS or an aircraft with 10,000 hours TIS. 
Therefore, to ensure that the unsafe condition is corrected in a timely 
manner, this AD is utilizing a compliance time of 180 days after the 
effective date of the AD.

Cost Impact

    How many airplanes does this AD impact? We estimate that this AD 
affects 5,128 fire extinguishing system bottle cartridges
    What is the cost impact of this AD on owners/operators of the 
affected airplanes? We estimate the following costs to accomplish this 
action:

----------------------------------------------------------------------------------------------------------------
                                                                         Total cost per      Total Cost on U.S.
              Labor cost                          Parts cost                airplane             operators
----------------------------------------------------------------------------------------------------------------
8 workhours  x  $60 per hour=$480.....  OAS to provide at no charge..               $480             $2,461,440
----------------------------------------------------------------------------------------------------------------

    OAS reports that 2,100 parts have been removed from service. This 
reduces the cost impact of this AD from $2,461,440, to $1,453,440.
    The number of cartridges utilized varies from airplane to airplane. 
The FAA has no way of determining which airplanes have the affected 
fire extinguishing system bottle cartridges incorporated. Therefore, 
FAA has presented the cost impact of this AD based upon the number of 
fire extinguishing system bottle cartridges manufactured instead of the 
number of airplanes affected.

Regulatory Impact

    Does this AD impact various entities? The regulations adopted 
herein 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. Therefore, it is determined that this final rule does not 
have federalism implications under Executive Order 13132.
    Does this AD involve a significant rule or regulatory action? For 
the reasons discussed above, I certify that this action (1) is not a 
``significant regulatory action'' under Executive Order 12866; (2) is 
not a ``significant rule'' under 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. A copy 
of the final 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.

Adoption of the Amendment

    Accordingly, under 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

    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. FAA amends Sec. 39.13 by adding a new AD to read as follows:

2001-22-14  Overland Aviation Services: Amendment 39-12493; Docket 
No. 98-CE-113-AD.

    (a) What airplanes are affected by this AD? This AD affects the 
fire extinguishing system bottle cartridges presented in paragraph 
(a)(1) of this AD that were distributed from April 1, 1996, through 
September 15, 1997, and are installed on, but not limited to, the 
specified aircraft:
    (1) This chart presents the fire extinguishing system bottle 
cartridge part number, the fire extinguishing system bottle assembly 
basic part number, the make/model aircraft that the system could be 
installed on, and the cartridge lot number:

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
  Overland Aviation Services (OAS)       Walter Kidde Aerospace (WKA) fire extinguishing system
       cartridge part numbers                  (Firex) bottle assembly basic part number                          Make/model of applicable aircraft                    Cartridge lot  number
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OA472001...........................  472073, 472420, 472467, 897878, 897885, 899170                 Aerospatiale ATR72 Series ATR42-200, -300, -320; Embraer EMB-  SBI 1-1 SBI 1-2
                                                                                                     120 Series
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 55562]]

 
OA841155...........................  890532, 890598, 890599, 891070, 891147, 891814, 892308,        Boeing 707-100, -100B Series, -300 Series, 720B; McDonnell     SBI 1-3, OAS 1-2
                                      893675, 898768                                                 Douglas DC-8 and DC-8F Series; Lockheed 382, 382E, 382F,
                                                                                                     382G; Sabreliner NA-265 Series; Bell 204B
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OA873364...........................  472049, 472162, 472389, 472390, 893456, 893523, 893524,        Gulfstream G-1159, G-1159B, G-1159A; Cessna 425, 441, 550,     SBI 1-3
                                      893572, 893726, 894703, 895353, 897770, 898006, 898066         S550, 551, 552 Fokker F.28 Series; SAAB 340 Series; Bell 412
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OA873571...........................  892807, 892857, 893244, 899827, 899927                         Boeing 707-100, -100B Series, -300 Series, 720B; McDonnell     SBI 2-2
                                                                                                     Douglas DC-8, DC-8F Series; DC-9 Series; Lockheed 382, 382E,
                                                                                                     382F, 382G
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OA876296...........................  472602, 472603, 473598, 895240, 895564, 895678, 895683,        McDonnell Douglas DC-9-81, DC-9-82, DC-9-83, DC-10 Series;     SBI 1-1, OAS 1-1
                                      895877, 896054, 898150                                         Airbus A300 Series
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OA876299...........................  472268, 895656, 895752, 895848, 896165, 896166, 897785,        Lockheed L-1011 Series                                         SBI 1-1
                                      897797, 897798
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OA897776...........................  472258, 472428, 897775, 897869, 897885, 897899, 899066,        Canadair CL-600-1A11, CL-600 -2A12, CL-600-2B16; Embraer EMB-  SBI 1-4, SBI 1-15, SBI 1-16,
                                      899074, 899170, 899486                                         120, EMB 120RT; Sikorsky S-76A; SAAB 340 Series                OAS 1-1
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

    (2) OAS distributed the affected fire extinguishing system 
bottle cartridges from April 1, 1996, through September 15, 1997. 
This AD does not apply to cartridges incorporated on the aircraft 
prior to April 1, 1996.
    (3) Procurement records may show if the owner/operator has ever 
bought affected parts, for spares or time replacements, for airplane 
installation, or to support a repair shop. These could be cross-
referenced to the lots that are suspect. Additionally, a review of 
procurement records with respect to the part number, lot number, and 
distribution date of the suspect lots would also reduce the owners'/
operators' workload of having to examine all applicable Air 
Transport Association (ATA) codes in the databases. A search of the 
maintenance/inspection records and logbooks of a specific airplane 
make and model and serial number could be beneficial.
    (4) The fire extinguishing system parts are installed up to a 
hex wrenching flat on the cartridge body. These wrenching flats have 
the part number, lot number, and date of manufacture stamped on 
them, as well as safety wire holes. When installed, the safety wire 
will probably cover up at least one bit of the above information. 
Inspecting the wrenching flats could help determine whether the fire 
extinguishing system bottle cartridges contain a suspect part number 
with the affected distribution date or lot number.
    (b) Who must comply with this AD? Anyone who wishes to operate 
any of the above airplanes must comply with this AD.
    (c) What problem does this AD address? The actions specified by 
this AD are intended to prevent damage to fire extinguishing system 
components caused by a fire extinguishing system bottle cartridge 
activating with excessive energetic force. This could result in the 
fire extinguishing system operating improperly and lead to passenger 
injury in the event of an airplane fire.
    (d) What actions must I accomplish to address this problem? To 
address this problem, you must accomplish the following:

------------------------------------------------------------------------
             Actions                  Compliance          Procedures
------------------------------------------------------------------------
(1) Check the maintenance         Within the next     The owner/operator
 records to determine whether an   180 days after      holding at least
 extinguishing system bottle       December 10, 2001   a private pilot
 cartridge that is referenced in   (the affected       certificate as
 paragraphs (a) and (a)(1) of      date of this AD).   authorized by
 this AD is installed.                                 section 43.7
(i) If an affected fire                                cartridge of the
 extinguishing system bottle                           Federal Aviation
 cartridge was installed prior                         Regulations (14
 to April 1, 1996, you do not                          CFR 43.7) may
 have to accomplish the removal                        accomplish this
 and replacement requirements of                       these actions.
 this AD (paragraph (d)(2) of
 this AD); and.
(ii) Make an entry into the
 aircraft records showing
 compliance with that portion of
 the AD in accordance with
 section 43.9 of the Federal
 Aviation Regulations (14 CFR
 43.9).
(2) Remove from service any fire  Within the next     OAS Service
 extinguishing system bottle       180 days after      Bulletin 22-09-
 cartridge referenced in           December 10, 2001   97, dated October
 paragraph (a) and (a)(1) of       (the effective      1, 2001, contains
 this AD). Replace that bottle     dated of this AD).  information
 cartridge with an FAA-approved                        related to this
 fire extinguishing system                             subject.
 bottle cartridge that is not
 one of the applicable OAS part
 numbers that was distributed
 from April 1, 1996, through
 September 15, 1997.
(3) Do not install, on any        As of December 10,  Not Applicable.
 aircraft, any affected OAS fire   2001 (the
 extinguishing system bottled      effective date of
 cartridge that was distributed    this AD).
 from April 1, 1996, through
 September 15, 1997.
------------------------------------------------------------------------


    Note 1: ``Unless already accomplished'' credit may be extended 
to the records check allowed by this AD provided that the records 
are checked to cover any time period that has elapsed since the 
previous check.

    (e) Can I comply with this AD in any other way? You may use an 
alternative method of compliance or adjust the compliance time if:

[[Page 55563]]

    (1) Your alternative method of compliance provides an equivalent 
level of safety; and
    (2) The Manager, Wichita ACO, approves your alternative. Submit 
your request through an FAA Principal Maintenance Inspector, who may 
add comments and then send it to the Manager, Wichita ACO.

    Note 2: This AD applies to each aircraft that incorporates one 
of the fire extinguishing system bottle cartridges identified in 
paragraphs (a) and (a)(1) of this AD; regardless of whether the 
aircraft has been modified, altered, or repaired in the area subject 
to the requirements of this AD. For aircraft 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 (e) 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.

    (f) Where can I get information about any already-approved 
alternative methods of compliance? Contact Jeffrey D. Janusz, 
Aerospace Engineer, FAA, Wichita Aircraft Certification Office, 1801 
Airport Road, Mid-Continent Airport, Wichita, Kansas 67209; 
telephone: (316) 946-4148; facsimile: (316) 946-4407.
    (g) What if I need to fly the airplane to another location to 
comply with this AD? The FAA can issue a special flight permit under 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate your airplane to a location where 
you can accomplish the requirements of this AD.
    (h) How do I get copies of the documents referenced in this AD? 
You may obtain copies of the document referenced in this AD from 
Overland Aviation Services, 10271 Bach Boulevard, St. Louis, 
Missouri 63132. You may view this document at FAA, Central Region, 
Office of the Regional Counsel, 901 Locust, Room 506, Kansas City, 
Missouri 64106.
    (i) This amendment becomes effective on December 10, 2001.

    Issued in Kansas City, Missouri, on October 24, 2001.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 01-27412 Filed 11-1-01; 8:45 am]
BILLING CODE 4910-13-P