[Federal Register Volume 68, Number 92 (Tuesday, May 13, 2003)]
[Proposed Rules]
[Pages 25543-25545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-11874]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 68, No. 92 / Tuesday, May 13, 2003 / Proposed 
Rules  

[[Page 25543]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-CE-19-AD]
RIN 2120-AA64


Airworthiness Directives; Kidde Aerospace Part Number (P/N) 
898052 Hand-held Halon Fire Extinguishers

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This document proposes to adopt a new airworthiness directive 
(AD) that would apply to certain Kidde Aerospace P/N 898052 hand-held 
halon fire extinguishers that are utilized on aircraft. This proposed 
AD would require you to remove the affected fire extinguishers from 
service and would prevent you from using them in the future. This 
proposed AD is the result of information that shows that the discharge 
time of the affected fire extinguishers exceeds the maximum allowable 
discharge time. The problem is due to incomplete crimping of the siphon 
tube. The actions specified by this proposed AD are intended to remove 
from service fire extinguishers that had this incomplete crimping of 
the siphon tube. If not removed from service, these fire extinguishers 
could function at diminished levels and compromise the level of safety 
in an emergency situation.

DATES: The Federal Aviation Administration (FAA) must receive any 
comments on this proposed rule on or before July 14, 2003.

ADDRESSES: Submit comments to FAA, Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 2003-CE-19-AD, 901 
Locust, Room 506, Kansas City, Missouri 64106. You may view any 
comments at this location between 8 a.m. and 4 p.m., Monday through 
Friday, except Federal holidays. You may also send comments 
electronically to the following address: [email protected]. 
Comments sent electronically must contain ``Docket No. 2003-CE-19-AD'' 
in the subject line. If you send comments electronically as attached 
electronic files, the files must be formatted in Microsoft Word 97 for 
Windows or ASCII text.
    You may get service information that applies to this proposed AD 
from Kidde Aerospace, Kidde Technologies, Inc., 4200 Airport Drive, 
NW., Wilson, North Carolina 27896; telephone: (252) 237-7004. You may 
also view this information at the Rules Docket at the address above.

FOR FURTHER INFORMATION CONTACT: Charles H. Bowser, Flight Test 
Engineer, FAA, Atlanta Aircraft Certification Office, One Crown Center, 
1895 Phoenix Boulevard, Suite 450, Atlanta, Georgia 30349; telephone: 
(770) 703-6047; facsimile: (770) 703-6097.

SUPPLEMENTARY INFORMATION:

Comments Invited

How Do I Comment on This Proposed AD?

    The FAA invites comments on this proposed rule. You may submit 
whatever written data, views, or arguments you choose. You need to 
include the proposed rule's docket number and submit your comments to 
the address specified under the caption ADDRESSES. We will consider all 
comments received on or before the closing date. We may amend this 
proposed rule in light of comments received. Factual information that 
supports your ideas and suggestions is extremely helpful in evaluating 
the effectiveness of this proposed AD action and determining whether we 
need to take additional rulemaking action.

Are There Any Specific Portions of This Proposed AD I Should Pay 
Attention To?

    The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed rule that 
might suggest a need to modify the rule. You may view all comments we 
receive before and after the closing date of the rule in the Rules 
Docket. We will file a report in the Rules Docket that summarizes each 
contact we have with the public that concerns the substantive parts of 
this proposed AD.

How Can I Be Sure FAA Receives My Comment?

    If you want FAA to acknowledge the receipt of your mailed comments, 
you must include a self-addressed, stamped postcard. On the postcard, 
write ``Comments to Docket No. 2003-CE-19-AD.'' We will date stamp and 
mail the postcard back to you.

Discussion

What Events Have Caused This Proposed AD?

    The FAA has received information of problems with certain Kidde 
Aerospace P/N 898052 hand-held halon fire extinguishers that are 
utilized on aircraft. This information shows that the discharge time of 
the affected fire extinguishers exceeds the maximum allowable discharge 
time.
    The problem is due to incomplete crimping of the siphon tube. 
Specifically, worn crimping tools were used to crimp the siphon tube. 
This is causing leakage between the siphon tube and the valve.
    The fire extinguishers in question were manufactured from 1995 
through 2002 and have a serial number of W-389653 or lower.

What Are the Consequences If the Condition Is Not Corrected?

    If these fire extinguishers that had this incomplete crimping of 
the siphon tube are not removed from service, then the fire 
extinguishers could function at diminished levels and compromise the 
level of safety in an emergency situation.

Is There Service Information That Applies To This Subject?

    Kidde Aerospace has issued Service Bulletin 898052-26-449, dated 
October 7, 2002.

What Are the Provisions of This Service Information?

    The service bulletin describes the problem discussed in this 
proposed AD and includes procedures for identifying and returning the 
affected hand-held halon fire extinguishers.

The FAA's Determination and an Explanation of the Provisions of This 
Proposed AD

What Has FAA Decided?

    After examining the circumstances and reviewing all available 
information

[[Page 25544]]

related to the incidents described above, we have determined that:

--The unsafe condition referenced in this document exists or could 
develop on type design aircraft that utilize Kidde Aerospace P/N 898052 
hand-held halon fire extinguishers that were manufactured from 1995 
through 2002 and have a serial number of W-389653 or lower;
--The problem fire extinguishers should be removed from service; and
--AD action should be taken in order to correct this unsafe condition.

What Would This Proposed AD Require?

    This proposed AD would require you to remove the affected fire 
extinguishers from service and would prevent you from using any 
affected fire extinguisher in the future.

How Does the Revision To 14 CFR Part 39 Affect This Proposed AD?

    On July 10, 2002, FAA published a new version of 14 CFR part 39 (67 
FR 47997, July 22, 2002), which governs FAA's AD system. This 
regulation now includes material that relates to special flight 
permits, alternative methods of compliance, and altered products. This 
material previously was included in each individual AD. Since this 
material is included in 14 CFR part 39, we will not include it in 
future AD actions.

Cost Impact

How Many Fire Extinguishers Would This Proposed AD Impact?

    We estimate that this proposed AD could affect 38,695 fire 
extinguishers.

What Would Be the Cost Impact of This Proposed AD On Owners/Operators 
of the Affected Airplanes?

    We estimate the following costs to remove the affected fire 
extinguishers from service (including replacing with another unit):

------------------------------------------------------------------------
                                                         Total cost per
          Labor cost                  Parts cost            airplane
------------------------------------------------------------------------
2 workhours x $60 per hour =    No cost for parts.                 $120.
 $120.                           Allow 5 days or more
                                 to ship the
                                 defective fire
                                 extinguishers to
                                 Kidde Aerospace.
------------------------------------------------------------------------

Compliance Time of This Proposed AD

What Would Be the Compliance Time of This Proposed AD?

    The compliance time of this proposed AD would be ``within the next 
6 months after the effective date of this AD.''

Why Is This Proposed Compliance Time Presented in Calendar Time Instead 
of Hours Time-in-Service (TIS)?

    Although the slow discharge of the fire extinguishers is only a 
problem during flight, the unsafe condition is not a result of aircraft 
operation. Therefore, FAA has determined that a compliance based on 
calendar time should be utilized in this AD in order to ensure that the 
unsafe condition is addressed on all aircraft in a reasonable time 
period.

Regulatory Impact

Would This Proposed AD Impact Various Entities?

    The regulations proposed herein would 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 proposed rule would not have federalism 
implications under Executive Order 13132.

Would This Proposed AD Involve a Significant Rule or Regulatory Action?

    For the reasons discussed above, I certify that this proposed 
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) 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 has been placed 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, under 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. FAA amends Sec.  39.13 by adding a new airworthiness directive 
(AD) to read as follows:

Kidde Aerospace: Docket No. 2003-CE-19-AD.

    (a) What products are affected by this AD? This AD affects part 
number (P/N) 898052 hand-held halon fire extinguishers that were 
manufactured from 1995 through 2002 and have a serial number of W-
389653 or lower.
    (b) Who must comply with this AD? Anyone who wishes to operate 
any aircraft that is certificated in any category and utilizes one 
of the fire extinguishers identified in paragraph (a) of this AD 
must comply with this AD.
    (c) What problem does this AD address? The actions specified by 
this AD are intended to remove from service fire extinguishers that 
have incomplete crimping of the siphon tube. If not removed from 
service, these fire extinguishers could function at diminished 
levels and compromise the level of safety in an emergency situation.
    (d) What actions must I accomplish to address this problem? To 
address this problem, you must accomplish the following:

[[Page 25545]]



------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Remove from service any   Within the next 6     Kidde Aerospace
 P/N 898052 hand-held halon    months after the      Service Bulletin
 fire extinguisher that was    effective date of     898052-26-449,
 manufactured from 1995        this AD.              dated October 7,
 through 2002 and has a                              2002, specifies
 serial number of W-389653                           procedures for
 or lower. You may not                               identifying the
 operate any aircraft                                affected fire
 without the applicable fire                         extinguishers. It
 extinguishing equipment per                         also includes
 FAA regulation.                                     procedures for
                                                     shipping and
                                                     exchanging the fire
                                                     extinguishers.
-----------------------------
(2) The owner/operator        Within the next 6     Not Applicable.
 holding at least a private    months after the
 pilot certificate as          effective date of
 authorized by section 43.7    this AD.
 of the Federal Aviation
 Regulations (14 CFR 43.7)
 may remove the fire
 extinguisher specified in
 paragraph (d)(1) of this
 AD. Make an entry into the
 aircraft records showing
 compliance with this
 portion of the AD in
 accordance with section
 43.9 of the Federal
 Aviation Regulations (14
 CFR 43.9).
-----------------------------
(3) Do not install, on any    As of the effective   Not Applicable.
 aircraft, a Kidde Aerospace   date of this AD.
 P/N 898052 hand-held halon
 fire extinguisher that was
 manufactured from 1995
 through 2002 and has a
 serial number of W-389653
 or lower.
------------------------------------------------------------------------

    (e) Can I comply with this AD in any other way? To use an 
alternative method of compliance or adjust the compliance time, 
follow the procedures in 14 CFR 39.19. Send these requests to the 
Manager, Atlanta Aircraft Certification Office. For information on 
any already approved alternative methods of compliance, contact 
Charles H. Bowser, Flight Test Engineer, FAA, Atlanta Aircraft 
Certification Office, One Crown Center, 1895 Phoenix Boulevard, 
Suite 450, Atlanta, Georgia 30349; telephone: (770) 703-6047; 
facsimile: (770) 703-6097.
    (f) How do I get copies of the documents referenced in this AD? 
You may get copies of the documents referenced in this AD from Kidde 
Aerospace, Kidde Technologies, Inc., 4200 Airport Drive, NW, Wilson, 
North Carolina 27896; telephone: (252) 237-7004. You may view these 
documents at FAA, Central Region, Office of the Regional Counsel, 
901 Locust, Room 506, Kansas City, Missouri 64106.

    Issued in Kansas City, Missouri, on May 7, 2003.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-11874 Filed 5-12-03; 8:45 am]
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