[Federal Register Volume 75, Number 33 (Friday, February 19, 2010)]
[Rules and Regulations]
[Pages 7342-7345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-3223]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0126; Directorate Identifier 2010-NM-015-AD; 
Amendment 39-16209; AD 2010-04-16]
RIN 2120-AA64


Airworthiness Directives; SICLI Halon 1211 Portable Fire 
Extinguishers as Installed on Various Airplanes and Rotorcraft

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) originated by an aviation authority of 
another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as:

    The Civil Aviation Authority of the United Kingdom (UK) has 
informed EASA [European Aviation Safety Agency] that significant 
quantities of Halon 1211 gas, determined to be outside the required 
specification, have been supplied to the aviation industry for use 
in fire extinguishing equipment. * * *
* * * * *
    * * * This Halon 1211 has subsequently been used to fill P/N 
[part number] 1708337B4 portable fire extinguishers that are now 
likely to be installed in or carried on board aircraft.
    The contaminated nature of this gas, when used against a fire, 
may provide reduced fire suppression, endangering the safety of the 
aircraft and its occupants. In addition,

[[Page 7343]]

extinguisher activation may lead to release of toxic fumes, possibly 
causing injury to aircraft occupants.
* * * * *
This AD requires actions that are intended to address the unsafe 
condition described in the MCAI.

DATES: This AD becomes effective March 8, 2010.
    We must receive comments on this AD by April 5, 2010.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New 
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this AD, the regulatory evaluation, 
any comments received, and other information. The street address for 
the Docket Operations office (telephone (800) 647-5527) is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

FOR FURTHER INFORMATION CONTACT: For transport airplanes: Dan Rodina, 
Aerospace Engineer, International Branch, ANM-116, Transport Airplane 
Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; 
telephone (425) 227-2125; fax (425) 227-1149.
    For small airplanes: Leslie B. Taylor, Aerospace Engineer, 
Standards Staff, Small Airplane Directorate, FAA, 901 Locust Street, 
Room 301, Kansas City, MO 64106; telephone (816) 329-4134; fax (816) 
329-4090.
    For rotorcraft: DOT/FAA Southwest Region, J.R. Holton, Jr., ASW-
112, Aviation Safety Engineer, Rotorcraft Directorate, Safety 
Management Group, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone 
(817) 222-4964; fax (817) 222-5961.

SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued 
Airworthiness Directive 2009-0278, dated December 22, 2009, (referred 
to after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    The Civil Aviation Authority of the United Kingdom (UK) has 
informed EASA that significant quantities of Halon 1211 gas, 
determined to be outside the required specification, have been 
supplied to the aviation industry for use in fire extinguishing 
equipment. Halon 1211 (BCF) is used in portable fire extinguishers, 
usually fitted or stowed in aircraft passenger cabins and flight 
decks.
    EASA published Safety Information Bulletin (SIB) 2009-39 on 23 
October 2009 to make the aviation community aware of this safety 
concern.
    The results of the ongoing investigation have now established 
that LyonTech Engineering Ltd, a UK-based company, has supplied 
further consignments of Halon 1211 (BCF) to SICLI that do not meet 
the required specification. This Halon 1211 has subsequently been 
used to fill P/N [part number] 1708337B4 portable fire extinguishers 
that are now likely to be installed in or carried on board aircraft.
    The contaminated nature of this gas, when used against a fire, 
may provide reduced fire suppression, endangering the safety of the 
aircraft and its occupants. In addition, extinguisher activation may 
lead to release of toxic fumes, possibly causing injury to aircraft 
occupants.
    For the reason described above, this EASA AD requires the 
identification and removal from service of certain batches of fire 
extinguishers and replacement with serviceable units.

You may obtain further information by examining the MCAI in the AD 
docket.

FAA's Determination and Requirements of This AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are issuing this AD because we 
evaluated all pertinent information and determined the unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Differences Between the AD and the MCAI

    We have reviewed the MCAI and, in general, agree with their 
substance. But we might have found it necessary to use different words 
from those in the MCAI to ensure the AD is clear for U.S. operators and 
is enforceable. In making these changes, we do not intend to differ 
substantively from the information provided in the MCAI and related 
service information.
    We might also have required different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a Note within the AD.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because 
contaminated Halon 1211 gas has been used to fill certain portable fire 
extinguishers that are now likely to be installed in or carried on 
board aircraft. Contaminated Halon 1211 gas, when used against a fire, 
may have reduced fire suppression capabilities, endangering the safety 
of the aircraft and its occupants. In addition, extinguisher activation 
may release toxic fumes, possibly causing injury to aircraft occupants. 
Therefore, we determined that notice and opportunity for public comment 
before issuing this AD are impracticable and that good cause exists for 
making this amendment effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2010-0126; Directorate 
Identifier 2010-NM-015-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD because of 
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I,

[[Page 7344]]

section 106, describes the authority of the FAA Administrator. 
``Subtitle VII: Aviation Programs,'' describes in more detail the scope 
of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We 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.
    For the reasons discussed above, I certify 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 regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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. The FAA amends Sec.  39.13 by adding the following new AD:

2010-04-16 SICLI (formerly General Incendie MAIP): Amendment 39-
16209. Docket No. FAA-2010-0126; Directorate Identifier 2010-NM-015-
AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective March 8, 
2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Type H1-10 AIR Halon 1211 (BCF) portable 
fire extinguishers manufactured by SICLI, having part number (P/N) 
1708337B4 and having any serial number listed in Table 1 of this AD. 
These fire extinguishers may be installed on (or carried or stowed 
on board) various airplanes and rotorcraft, certificated in any 
category, identified in but not limited to the airplanes and 
rotorcraft of the manufacturers included in Table 2 of this AD, all 
type-certificated models.

    Table 1--Serial Numbers of Affected SICLI Fire Extinguishers, P/N
                                1708337B4
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                               Serial Nos.
-------------------------------------------------------------------------
0843113 and 0843114.
0843329, 0843330 and 0843331.
0843333 through 0843339 inclusive (incl.).
0843341 through 0843350 incl.
0843352 through 0843358 incl.
0843360 through 0843369 incl.
0843372.
0843374 through 0843386 incl.
0843388.
0843390 through 0843407 incl.
0843409 through 0843464 incl.
0843466 through 0843468 incl.
0843470 and 0843471.
0843473.
0843475.
0843477.
0843479 through 0843487 incl.
0843489 through 0843522 incl.
0843524 through 0843552 incl.
0843554 through 0843561 incl.
0843563.
0843565 through 0843574 incl.
0843579 through 0843587 incl.
0843589 through 0843629 incl.
0843631 through 0843676 incl.
0843679 through 0843700 incl.
0843702 through 0843737 incl.
0843739 through 0843780 incl.
0843782 through 0843845 incl.
0843847 and 0843848.
0843850 through 0843856 incl.
0843858 through 0843861 incl.
0843863 through 0843878 incl.
0843879 through 0843902 incl.
0843904 through 0843934 incl.
0843936 through 0843951 incl.
0843953 through 0843957 incl.
0843959 through 0843969 incl.
0843971.
0843973 through 0843977 incl.
0843979 through 0843982 incl.
0843984, 0843985 and 0843986.
0843988 through 0844016 incl.
0844018 through 0844043 incl.
0844045 and 0844046.
0844048 and 0844049.
0844051 through 0844069 incl.
0844071 through 0844077 incl.
0844079 through 0844109 incl.
0844111 and 0844112.
0844115 through 0844119 incl.
0844121 through 0844125 incl.
0844127 through 0844161 incl.
0844163 through 0844190 incl.
0844192 and 0844193.
0844195.
0844197.
0844199 through 0844218 incl.
0844220 through 0844225 incl.
0844228 through 0844240 incl.
0844242 through 0844249 incl.
0844253 through 0844257 incl.
0844259 through 0844263 incl.
0844265 through 0844267 incl.
0844269 through 0844280 incl.
0844282 through 0844286 incl.
0844288 and 0844289.
0844291 through 0844303 incl.
0844305 through 0844317 incl.
0844319 through 0844332 incl.
0844334 through 0844337 incl.
0844339 through 0844376 incl.
0844379 through 0844398 incl.
0844400 and 0844401.
0844403 through 0844415 incl.
0844417 through 0844422 incl.
0844424 through 0844428 incl.
0844430 through 0844436 incl.
0844439 through 0844450 incl.
0844452 through 0844454 incl.
0844456 through 0844470 incl.
0844472 through 0844475 incl.
0844477 through 0844494 incl.
0844496 through 0844512 incl.
0844514 through 0844518 incl.
0844520 through 0844524 incl.
0844526.
0844528.
0844530.
0844534.
0844536 through 0844568 incl.
0844570 through 0844592 incl.
0844594 through 0844619 incl.
0844621 through 0844626 incl.
0844628 through 0844635 incl.
0844637 through 0844660 incl.
0844663 through 0844666 incl.
0844668.
0844670 through 0844673 incl.
0844676 through 0844685 incl.
0844687 through 0844692 incl.
0844694 through 0844702 incl.
0844704 through 0844708 incl.
0844710 through 0844723 incl.
0844725 through 0844730 incl.
0844732 through 0844741 incl.
0844743 through 0844747 incl.
0844749 through 0844771 incl.
0844773 through 0844778 incl.
0844781 through 0844792 incl.
0844794 through 0844801 incl.
0844803 through 0844837 incl.
------------------------------------------------------------------------


[[Page 7345]]


               Table 2--Affected Airplanes and Rotorcraft
------------------------------------------------------------------------
                              Manufacturer
-------------------------------------------------------------------------
Airbus.
ATR--GIE Avions de Transport R[eacute]gional.
The Boeing Company.
Bombardier, Inc.
Cessna Aircraft Company.
Dassault-Aviation.
Empresa Brasileira de Aeronautica S.A. (EMBRAER).
Eurocopter Canada Limited.
Eurocopter Deutschland GMBH (ECD).
Eurocopter France.
McDonnell Douglas Corporation.
------------------------------------------------------------------------

Subject

    (d) Air Transport Association (ATA) of America Code 26: Fire 
Protection.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    The Civil Aviation Authority of the United Kingdom (UK) has 
informed EASA [European Aviation Safety Agency] that significant 
quantities of Halon 1211 gas, determined to be outside the required 
specification, have been supplied to the aviation industry for use 
in fire extinguishing equipment. Halon 1211 (BCF) is used in 
portable fire extinguishers, usually fitted or stowed in aircraft 
passenger cabins and flight decks.
    EASA published Safety Information Bulletin (SIB) 2009-39 on 23 
October 2009 to make the aviation community aware of this safety 
concern.
    The results of the ongoing investigation have now established 
that LyonTech Engineering Ltd, a UK-based company, has supplied 
further consignments of Halon 1211 (BCF) to SICLI that do not meet 
the required specification. This Halon 1211 has subsequently been 
used to fill P/N [part number] 1708337B4 portable fire extinguishers 
that are now likely to be installed in or carried on board aircraft.
    The contaminated nature of this gas, when used against a fire, 
may provide reduced fire suppression, endangering the safety of the 
aircraft and its occupants. In addition, extinguisher activation may 
lead to release of toxic fumes, possibly causing injury to aircraft 
occupants.
    For the reason described above, this EASA AD requires the 
identification and removal from service of certain batches of fire 
extinguishers and replacement with serviceable units.

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Actions

    (g) Within 90 days after the effective date of this AD, replace 
all Type H1-10 AIR Halon 1211 (BCF) portable fire extinguishers 
manufactured by SICLI, having P/N 1708337B4 and having any serial 
number listed in Table 1 of this AD, with serviceable fire 
extinguishers.
    (h) Within 90 days after doing any replacement required by 
paragraph (g) of this AD, return the affected fire extinguisher to: 
SICLI, ZI la Sauni[egrave]re, 89600 Saint Florentin, France; 
telephone: +33 (0)3 8643 7930; fax: +33 (0)3 8635 3632; e-mail 
[email protected]; Web site: http://www.sicli.com.
    (i) As of the effective date of this AD, do not install any 
SICLI fire extinguisher having P/N 1708337B4 and a serial number 
listed in Table 1 of this AD, on any airplane or rotorcraft.

FAA AD Differences

    Note 1:  This AD differs from the MCAI and/or service 
information as follows:
    (1) EASA AD 2009-0278, dated December 22, 2009, specifies a time 
of 30 days to do the actions. This AD requires that the actions be 
done within 90 days. We have determined that a 90-day compliance 
time will ensure an acceptable level of safety.
    (2) EASA AD 2009-0278 includes fire extinguishers having certain 
serial numbers in its applicability. The EASA AD also includes a 
requirement to inspect to determine if the fire extinguishers have 
those serial numbers and replacement if necessary. Since the 
affected fire extinguishers are part of the applicability, it is not 
necessary to also require inspecting for them. Therefore, this AD 
includes fire extinguishers having certain serial numbers in its 
applicability and does not include an additional requirement to 
inspect for serial numbers; this AD requires replacement of all 
affected fire extinguishers.

Other FAA AD Provisions

    (j) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The manager of 
the office having certificate responsibility for the affected 
product has the authority to approve AMOCs for this AD, if requested 
using the procedures found in 14 CFR 39.19. Before using any 
approved AMOC on any aircraft to which the AMOC applies, notify your 
principal maintenance inspector (PMI) or principal avionics 
inspector (PAI), as appropriate, or lacking a principal inspector, 
your local Flight Standards District Office. The AMOC approval 
letter must specifically reference this AD.
    (i) For transport airplanes: Send information to ATTN: Dan 
Rodina, Aerospace Engineer, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 
98057-3356; telephone (425) 227-2125; fax (425) 227-1149.
    (ii) For small airplanes: Send information to ATTN: Leslie B. 
Taylor, Aerospace Engineer, Standards Staff, Small Airplane 
Directorate, FAA, 901 Locust Street, Room 301, Kansas City, MO 
64106; telephone (816) 329-4134; fax (816) 329-4090.
    (iii) For rotorcraft: Send information to ATTN: DOT/FAA 
Southwest Region, J.R. Holton, Jr., ASW-112, Aviation Safety 
Engineer, Rotorcraft Directorate, Safety Management Group, 2601 
Meacham Blvd., Fort Worth, TX 76137; telephone (817) 222-4964; fax 
(817) 222-5961.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act (44 
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

Related Information

    (k) Refer to MCAI EASA Airworthiness Directive 2010-0278, dated 
December 22, 2009, for related information.

Material Incorporated by Reference

    (l) None.

    Issued in Washington, DC, on February 4, 2010.
Kalene C. Yanamura,
Acting Director, Aircraft Certification Service.
[FR Doc. 2010-3223 Filed 2-18-10; 8:45 am]
BILLING CODE 4910-13-P