[Federal Register Volume 69, Number 4 (Wednesday, January 7, 2004)]
[Rules and Regulations]
[Pages 864-867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-44]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-CE-19-AD; Amendment 39-13413; AD 2003-26-14]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA adopts a new airworthiness directive (AD) for certain 
Kidde Aerospace P/N 898052 hand-held halon fire extinguishers that are 
utilized on aircraft. This AD requires you to remove the affected fire 
extinguishers from service and would prevent you from using them in the 
future. This 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. We are issuing this AD 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: This AD becomes effective on February 20, 2004.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the regulation as of 
February 20, 2004.

ADDRESSES: You may get the service information identified in this AD 
from Kidde Aerospace, Kidde Technologies, Inc., 4200 Airport Drive, 
NW., Wilson, North Carolina 27896; telephone: (252) 237-7004.
    You may view the AD docket at FAA, Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 2003-CE-19-AD, 901 
Locust, Room 506, Kansas City, Missouri 64106. Office hours are 8 a.m. 
to 4 p.m., Monday through Friday, except Federal holidays.

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:

Discussion

What Events Have Caused This 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.

What Is the Potential Impact if FAA Took No Action?

    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.

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 certain 
Kidde Aerospace P/N 898052 hand-held halon fire extinguishers that are 
utilized on aircraft. This proposal was published in the Federal 
Register as a notice of proposed rulemaking (NPRM) on May 13, 2003 (68 
FR 25543). The NPRM proposed to require you to remove the affected fire 
extinguishers from service and would prevent you from using any 
affected fire extinguisher in the future.

Comments

Was the Public Invited To Comment?

    We provided the public the opportunity to participate in the

[[Page 865]]

development of this AD. The following presents the comments received on 
the proposal and FAA's response to each comment:

Comment Issue No. 1: Extend the Compliance Time

What Is the Commenter's Concern?

    Several commenters recommend extending the compliance time from 6 
months to 12 months, while one commenter recommends an extension to 18 
months. The commenters state that the extension is necessary due to the 
large number of affected extinguishers and the logistics involved with 
AD compliance.

What Is FAA's Response to the Concern?

    The FAA agrees that 12 months would be a more realistic compliance 
time.
    We are changing the final rule AD action accordingly.

Comment Issue No. 2: Clarify the Fire Extinguisher Applicability

What Is the Commenter's Concern?

    Several commenters state that the current wording for the fire 
extinguisher applicability of ``manufactured from 1995 through 2002 and 
have a serial number of W-389653 or lower'' is confusing. The 
commenters recommend the following language to more fully depict the 
intended applicability:

    Fire extinguishers affected by this AD are serial numbers V-
432001 through W-389653 inclusive that were manufactured sometime 
from 1995--2002. Serial numbers are identified by the Underwriter's 
Laboratories (UL) number printed on the label and are listed in 
succession. Other variants of the UL number with prefixes other than 
``V'' or ``W'' are not affected by this AD.

What Is FAA's Response to the Concern?

    The FAA concurs that the recommended language more accurately 
reflects the fire extinguisher serial number range.
    We are changing the final rule AD action accordingly.

Comment Issue No. 3: Add a Dash Number to the Existing Part Number

What Is the Commenter's Concern?

    One commenter recommends adding a dash number to the existing fire 
extinguisher part number. The commenter states that this would allow 
you to distinguish between pre- and post-bulletin modifications.

What Is FAA's Response to the Concern?

    The FAA does not believe that this is necessary since the 
replacement fire extinguishers will have their own separate and unique 
serial numbers.
    We are not making any changes to the final rule AD action.

Comment Issue No. 4: Cost Estimate Too High

What Is the Commenter's Concern?

    One commenter states that FAA's estimate of 2 workhours to locate, 
access, pack, ship, receive the new unit, store, and reinstall the new 
unit is too high. The commenter states that 1 workhour is a 
conservative estimate.

What Is FAA's Response to the Concern?

    The FAA agrees that 1 workhour more adequately reflects the time 
necessary to do the work.
    We are changing the final rule AD action accordingly.

Comment Issue No. 5: Revise Fire Extinguisher Return Procedures

What Is the Commenter's Concern?

    One commenter recommends that the AD should more clearly reference 
the procedures in the service information for returning any fire 
extinguishers. Specifically, the commenter states that you should not 
discharge the fire extinguishers, and you should not ship them back to 
Kidde because a special collection point is already established. This 
information is outlined in the service information.

What Is FAA's Response to the Concern?

    The FAA agrees that the return procedures should reference that in 
the service information.
    We are changing the final rule AD action accordingly.

Conclusion

What Is FAA's Final Determination on This Issue?

    We have carefully reviewed the available data and determined that 
air safety and the public interest require adopting the AD as proposed 
except for the changes discussed above and minor editorial corrections. 
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.

Changes to 14 CFR Part 39--Effect on the AD

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

    On July 10, 2002, the FAA published a new version of 14 CFR part 39 
(67 FR 47997, July 22, 2002), which governs the FAA's AD system. This 
regulation now includes material that relates to altered products, 
special flight permits, and alternative methods of compliance. 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.

Costs of Compliance

How Many Airplanes Does This AD Impact?

    We estimate that this AD affects 38,695 airplanes in the U.S. 
registry.

What Is the Cost Impact of This 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):

------------------------------------------------------------------------
          Labor cost              Parts cost     Total cost per airplane
------------------------------------------------------------------------
1 workhour X $60 per hour =    No cost for       $60 per airplane.
 $60.                           parts.
------------------------------------------------------------------------

Compliance Time of This AD

What Will Be the Compliance Time of This AD?

    The compliance time of this AD will be ``within the next 12 months 
after February 20, 2004 (the effective date of this AD).''

Why Is This 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

[[Page 866]]

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 Findings

Will This AD Impact Various Entities?

    We have determined that 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.

Will This AD Involve a Significant Rule or Regulatory Action?

    For the reasons discussed above, I certify that this AD:
    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. 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.
    We prepared a summary of the costs to comply with this AD and 
placed it in the AD Docket. You may get a copy of this summary by 
sending a request to us at the address listed under ADDRESSES. Include 
``AD Docket No. 2003-CE-19-AD'' in your request.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
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

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

2003-26-14 Kidde Aerospace: Amendment 39-13413; Docket No. 2003-CE-
19-AD.

When Does This AD Become Effective?

    (a) This AD becomes effective on February 20, 2004.

What Other ADs Are Affected by This Action?

    (b) None.

What Airplanes Are Affected by This AD?

    (c) This AD affects aircraft that are certificated in any 
category and incorporate hand-held halon fire extinguishers with the 
following:
    (1) Part number (P/N) 898052; and
    (2) A serial number in the range of V-432001 through W-389653 
inclusive that were manufactured sometime from 1995-2002.
    (i) Serial numbers are identified by the Underwriter's 
Laboratories (UL) number printed on the label and are listed in 
succession.
    (ii) Other variants of the UL number with prefixes other than 
``V'' or ``W'' are not affected by this AD.

What Is the Unsafe Condition Presented in This AD?

    (d) This 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. We are issuing this AD to remove from 
service fire extinguishers that have 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.

What Must I Do To Address This Problem?

    (e) To address this problem, you must accomplish the following:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Remove from service any   Within the next 12    Kidde Aerospace
 P/N 898052 hand-held halon    months after          Service Bulletin
 fire extinguisher that has    February 20, 2004     898052-26-449,
 a serial number of V-432001   (the effective date   dated October 7,
 through W-389653 inclusive    of this AD).          2002, specifies
 and was manufactured                                procedures for
 sometime from 1995-2002.                            identifying the
 You may not operate any                             affected fire
 aircraft without the                                extinguishers. Use
 applicable fire                                     the procedures in
 extinguishing equipment per                         this service
 FAA regulation.                                     bulletin for the
(i) Serial numbers are                               returned fire
 identified by the                                   extinguishers.
 Underwriter's Laboratories                          Specifically, do
 (UL) number printed on the                          not discharge them
 label and are listed in                             or ship them to
 succession..                                        Kidde Aerospace
(ii) Other variants of the                           since a special
 UL number with prefixes                             collection point
 other than ``V'' or ``W''                           has already been
 are not affected by this                            established. Ensure
 AD..                                                that you follow all
                                                     Department of
                                                     Transportation
                                                     (DOT) regulations
                                                     (49 CFR) in the
                                                     transport of fire
                                                     extinguishing
                                                     equipment. The
                                                     regulations
                                                     identify fire
                                                     extinguishers
                                                     containing
                                                     compressed or
                                                     liquefied gas as
                                                     hazardous.
(2) The owner/operator        Within the next 12    Not Applicable.
 holding at least a private    months after
 pilot certificate as          February 20, 2004
 authorized by section 43.7    (the effective date
 of the Federal Aviation       of this AD).
 Regulations (14 CFR 43.7)
 may remove the fire
 extinguisher specified in
 paragraph (e)(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 February 20,    Not Applicable.
 aircraft, a Kidde Aerospace   2004 (the effective
 P/N 898052 handheld halon     date of this AD).
 fire extinguisher V-432001
 through W-389653 inclusive
 that was manufactured
 sometime from 1995-2002.
------------------------------------------------------------------------


[[Page 867]]

What About Alternative Methods of Compliance?

    (f) You may request a different method of compliance or a 
different compliance time for this AD by following the procedures in 
14 CFR 39.13. Send your request to the Manager, Atlanta Aircraft 
Certification Office, FAA. 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.

Is There Material Incorporated by Reference?

    (g) You must do the actions required by this AD per Kidde 
Aerospace Service Bulletin 898052-26-449, dated October 7, 2002. The 
Director of the Federal Register approved the incorporation by 
reference of this service bulletin in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51. You may get a copy from Kidde Aerospace, 
Kidde Technologies, Inc., 4200 Airport Drive, NW, Wilson, North 
Carolina 27896; telephone: (252) 237-7004. You may review copies at 
FAA, Central Region, Office of the Regional Counsel, 901 Locust, 
Room 506, Kansas City, Missouri 64106; or at the Office of the 
Federal Register, 800 North Capitol Street, NW, suite 700, 
Washington, DC.


    Issued in Kansas City, Missouri, December 23, 2003.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 04-44 Filed 1-6-04; 8:45 am]
BILLING CODE 4910-13-P